UNIFORM LOCAL UNION
CONSTITUTION
of
the
Laborers'International
Union
of
North America
As Amended by the 23rd Convention
September
11-15, 2006
And
by Action of the General Executive Board
Through
March 31, 2007
ARTICLE I
Affiliation and Jurisdiction:
Section 1. Each affiliated Local Union of the Laborers' International Union of North
America is created by the said International Union, having been brought into being as a unit in
order to accomplish the goal of gathering under one banner all those that work at the craft and
calling of said International Union, in accordance with the craft and territorial jurisdiction
allotted to each Local Union by its charter; subject to the Constitution, rules, regulations,
policies, practices and lawful orders and decisions of the said International Union and subject to
the provisions of the Uniform District Council Constitution and subject to the provisions of the
Uniform Local Union Constitution, and rules, regulations, policies, and practices, where the
same apply.
Section 2. The headquarters and general office of the Local Union shall be maintained in
the city where it is presently located. The headquarters and general offices of the Local Union
may be relocated to another city or town within the Local Union's territorial jurisdiction only
upon the approval of the General President.
ARTICLE II
Objects, Powers and Obligations
Section 1. OBJECTS:
Each Local Union, having had assigned to it its craft and territorial jurisdiction, by its
charter, is charged with the responsibility:
(a) To carry out the purposes of said assignment;
(b) To fulfill the objects of the International Union as specified in Article II, Section 1 of
the International Union Constitution;
(c) To conduct its affairs in a manner which would most tend to enhance, conserve and
protect the welfare and interest of the International Union, its affiliates and members;
(d) To perform and carry out its objects and functions in accordance with the provisions
of this Constitution, the International Union Constitution and the Uniform District Council
Constitution, as hereinafter provided.
(e) To organize the unorganized and to take all such other action, including but not
limited to donations, contributions and other activities, as may tend to conserve, promote and
foster good will and public support for the welfare and interest of this International Union, its
affiliates and members.
Section 2. POWERS:
In order to effectuate these objects a Local Union shall have the authority:
(a) To establish proper rules, regulations, policies and practices as it deems necessary or
appropriate to fulfill the purposes for which the Local Union was chartered, provided such rules,
regulations, policies and practices are not in conflict with the International Union Constitution,
its rules, regulations, policies, practices and lawful orders and decisions and not in conflict with
the Uniform Local Union Constitution or the Uniform District Council Constitution, and rules,
regulations, policies and practices, where same apply; such rules, regulations, policies or
practices shall be subject to review by the General President; if, after such review, it is the
General President's judgment that such rules, regulations, policies or practices are neither proper
nor in conformity with the intent, objects or purposes of the Constitutions, regulations, practices,
policies and lawful orders and decisions of the International Union, the General President may
modify or annul same;
(b) To raise income from dues, initiation fees, readmission fees, assessments and other
proper and lawful sources;
(c) To make commitments and disbursements in its discretion from the funds, assets, and
property of the Local Union for regular, recurrent, and incidental expenses, organizing, strikes,
collective bargaining, contract administration, awards, gifts, donations, charitable contributions,
political purposes, education, public relations, employee benefit plans for Local Union personnel
and officers, legal expenses, and such other expenses and investments as it deems necessary or
proper to carry out the objects and purposes of the Union;
(d) To establish proper wages, conditions and hours of employment through the process
of collective bargaining with employers and to fulfill and require observance thereof. Except as
otherwise specifically provided in the Constitutions of the Union, each Local Union shall be
autonomous in the exercise of its right to negotiate and consummate agreements with employers
and to police and enforce the terms and conditions thereof;
(e) To provide for the well-being and security of members, officers and employees of the
Local Union, including but not limited to the establishment of insurance, health and welfare,
pension, severance and other employee benefit plans;
(f) To carry out its other duties, responsibilities and functions as provided in the
Constitutions of the Union;
(g) To take such other actions as it deems necessary or proper to fulfill the objects listed
in Section I herein.
Section 3. OBLIGATIONS
(a) A Local Union shall carry out, perform and comply with all of the objects and powers
as outlined in Article II of this Constitution and the objects of the International Union;
(b) A Local Union shall recognize and be subject to all of the provisions of the
International Union Constitution and, if so affiliated, the Uniform District Council Constitution,
and shall comply with all such rules, regulations, policies, practices and lawful orders and
decisions of the International Union, its officers and General Executive Board, and, if so
affiliated, of the District Council and its Executive Board;
(c) Local Unions within the territorial and trade jurisdiction of a District Council shall
affiliate with such District Council and shall also affiliate with appropriate Bodies, such as
National Construction Alliance Councils, Building and Construction Trades Councils, Metal
Trades Councils, Maritime Trades Councils, State Federations of Labor and Central Bodies. In
the event that a Local Union is not affiliated with a District Council, then such Local Union shall
affiliate with any Regional Organizing Fund that has been established and is operating within its
territorial jurisdiction;
(d) The General Executive Board of the International Union may, upon notice and after
hearing, suspend or revoke charters or consolidate or amalgamate subordinate bodies and may
define or revise their craft or territorial jurisdiction;
(e) A Local Union shall submit to the General President or the General President's
deputy or authorized representative, all books, records and data, when requested. The General
President, or deputy, may request the personal appearance of all officers, officials or members of
the Local Union, as part of an investigation ordered by the General President or in connection
with said duties, responsibilities or the exercise of the powers of the General President;
(f) A charter of a Local Union shall not be voluntarily surrendered while there are ten
members in good standing in said Local Union who object to such surrender. The International
Union is not obligated to accept a voluntarily surrendered charter but, in its sole discretion, it
may elect to pursue alternative means, including but not limited to trusteeship, to continue the
existence of the Local Union;
(g) When the General President, upon investigation, finds that the average good-standing
membership of a Local Union, over a period of one year, is less than 300 members and, after
investigation finds that the Local Union has not effectuated the purposes for which it was
chartered, the General President shall declare the charter of said Local Union suspended. When
such declaration of suspension has been made by the General President, or the charter of a Local
Union ceases to exist for any reason, the good-standing members of such Local Union shall
transfer into such other affiliated Local Unions of the International Union, as designated by the
General President, within a period of thirty days from the date of notice of suspension;
(h) When, as hereinafter provided, a Local Union fails to make payment of initiation
fees, readmission fees, per capita tax or other lawful fees or assessments to the International
Union within the time prescribed, the charter of such Local Union may be deemed suspended
without further notice;
(i) When, as hereinafter provided, a Local Union fails to make payments of initiation
fees, readmission fees, per capita tax, or other lawful fees or assessments to the District Council
with which it is affiliated within the time prescribed, upon a complaint, hearing, and finding by
the General Executive Board that the Local Union has falsified its reports or failed to make the
aforesaid payments within the prescribed time, the charter of such Local Union may be
suspended, the Local Union may be assessed the cost of investigation and audit in addition to the
amount involved in the falsification or delinquency of its reports, and/or other action may be
taken as the General Executive Board deems warranted;
* (j) When, as hereinafter provided, a Local Union fails to make payment to the L.I.U.N.A.
STAFF AND AFFILIATES PENSION FUND within the time prescribed, the charter of such
Local Union may be deemed suspended without further notice;
(k) If a Local Union is suspended, dissolved or ceases to exist, all of its property, funds,
books, papers and paraphernalia shall immediately revert to and become the property of the
International Union, in accordance with the provisions contained in the International Union
Constitution. Alternatively, in the General President's sole discretion, the International Union
may refrain from taking any or all of the former Local Union's property, funds, books, papers, or
paraphernalia.
(l) All Local Unions are required to exhaust remedies in accordance with Article XVIII,
Section 7 of the International Union Constitution;
(m) In carrying out the objects, powers, and obligations herein, affiliated Local Unions
of the Laborers' International Union of North America are not agents of the International Union
unless specified acts or conduct were ordered or directed by the International Union, or such acts
or conduct were ratified by the International Union after written notice thereof. However, in no
event shall the International Union be liable or responsible for autonomous acts of its affiliated
Local Unions.
__________________________
* This Section was amended by action of the General Executive Board on September 14, 2006,
acting pursuant to Resolution 3 as approved by the delegates to the 23rd Convention.
ARTICLE III
Membership
Section 1. APPLICANTS:
(a) In order to be eligible for membership a person must be working at the calling within
the territory of the Local Union in which the individual applies for membership. This
requirement establishes only a requirement for membership eligibility and is not a limitation on
the exercise of any right arising under the National Labor Relations Act or any other statute.
(b) An individual shall not be granted membership if that person is a member of, or a
sympathizer with, any organization that has for its purpose the overthrow of this Organization or
of the Government of the United States of America or of Canada, by force or violence;
(c) Such applicant for membership must agree to abide by the Constitutions, laws, rules,
regulations, policies and lawful orders and decisions of this Organization;
(d) Such applicant must agree to refrain from conduct that would interfere with the
performance of this Union's lawful and contractual obligations;
(e) Such applicant must tender to the Local Union in which membership is sought, the
initiation fee, dues and other lawful fees and assessments that prevail in said Local Union;
(f) Such applicant must recognize the responsibility to preserve the Union as an
institution;
(g) No person who has been expelled from one Local Union shall be admitted to
membership by the same Local Union or another Local Union, without first obtaining permission
from the General Executive Board of the International Union;
(h) No person shall be clothed with or acquire or retain the right of membership unless
payment of the initiation fee, readmission fee, per capita tax and monthly dues are received by
the International Union or the Local Union, as the case may be, when due, provided, however,
that any member who has not been suspended and is current in the payment of dues shall not be
deprived, where otherwise qualified, of the right to vote in a regular election of the Local Union;
Section 2. RIGHTS OF MEMBERS:
In accordance with and subject to all the provisions of the International Union
Constitution and the Uniform District Council Constitution and this Constitution, all persons
having lawfully acquired membership in the Union, shall be entitled to the following rights:
(a) To be represented by the Union for the purpose of collective bargaining and to work
as a member of the Union and enjoy all of the benefits that flow therefrom, in accordance with
agreements, understandings or conditions properly established by the Local Union;
(b) To attend and participate in meetings and functions of the Local Union;
(c) To be a candidate for and hold office or position in the Local Union;
(d) To transfer from one affiliated Local Union to another;
(e) To readmission;
(f) To bring to the attention of the member's Local Union any matter of importance to the
Organization and its members;
(g) To prefer charges and have a proper hearing and decision on said charges; and, in the
case of a member against whom charges have been preferred, to receive proper notice of the
charges and a full and fair hearing and decision; and
To appeal therefrom to the Appellate Officer of the International Union; and
To appeal to the Convention;
(h) A member of any Local Union may inquire of the General Secretary-Treasurer as to
whether the member is in good standing in the International Union.
(i) A member has the right to be free from discrimination based upon age, race, religion,
gender, or national origin.
Section 3. OBLIGATIONS OF MEMBERS:
(a) To recognize that the International Union Constitution, the Uniform Local Union
Constitution and the Uniform District Council Constitution, constitute the organic law of the
Organization;
(b) To observe, conform and comply with all of the terms and provisions of said
Constitutions and all of the rules, regulations, policies, practices and lawful orders and decisions
adopted and promulgated in the furtherance and administration of the provisions of the said
Constitutions;
(c) To recognize and respect the right of the Union to adopt and enforce reasonable rules
as to the responsibility of every member toward the Organization as an institution and to refrain
from conduct that would interfere with the performance of its lawful and contractual obligations;
(d) To refrain from interfering with the proper conduct of all the business of the
Organization;
(e) To observe proper decorum in attending and participating in meetings and functions
of the Organization, in accordance with such reasonable rules established by the Organization
and generally accepted parliamentary rules of procedure pertaining to the conduct of meetings
and functions;
(f) To refrain from attending a meeting or function under the influence of liquor or
conducting oneself in such a manner as to interfere with the proper and orderly conduct of the
business of the Local Union; and to comply with and obey all requests or orders by the presiding
officer pertaining to the conduct of a meeting or function;
(g) To refrain from attempting to cause secession by the Local Union from the
International Union; to refrain from assisting an organization threatening to, or undermining the
representational rights of the International Union or any of its affiliates; and to refrain from
advocating or seeking the division of the funds of the Local Union;
(h) All members are required to exhaust remedies in accordance with Article XVI,
Section 2 of the International Union Constitution;
(i) Each member shall pay to the Local Union such initiation fee, dues, and other lawful
fees and assessments as are fixed and established pursuant to constitutional authority.
Section 4. APPRENTICES:
(a) In addition to regular membership there shall be a special class of membership for
Apprentices. Apprentices shall be accorded the same voice and vote as members with respect to
the conduct of the business and affairs of the Local Union but shall not be eligible to serve as an
officer in, nor as a member of, the Executive Board nor as a delegate to a District Council nor as
a delegate to the Convention of the International Union.
(b) Individuals accepted into the apprenticeship program shall fulfill all obligations of
the Apprenticeship Standards before being granted recognition as a skilled Construction Craft
Laborer and until such time as these obligations are met, the apprentice shall be granted an
"apprentice member card" by the International Union. The apprentice will be required to
complete the requirements of the Apprenticeship Standards before becoming eligible to claim
journeyworker status, be recognized as a journeyworker, and/or enter the journeyworker out-ofwork
list. Upon successful completion of the apprenticeship program, the individual shall be
issued a regular membership card by the International Union.
ARTICLE IV
Officers
Section 1. The officers of the Local Union shall consist of President, Vice President,
Recording Secretary, Secretary-Treasurer, Business Manage-Delegate-Convention Delegate,
Sergeant-at-Arms, three Auditors and additional members of the Executive Board.
Section 2. A combination of offices may be permitted, provided, however, that such
combination has been voted by the membership and provided that it is then submitted to the
General President of the International Union for approval; all of said action to be had and taken
prior to the nomination meeting.
Section 3. Subject to the approval of the General President, an officer or employee of a
Local Union may also hold office in or be employed by another body of the Union and receive
the salary and other compensation provided for such position, provided that if the salary or other
compensation for such other position does not exceed $25,000.00 per year, such approval shall
not be required.
Section 4. DUTIES OF OFFICERS:
A---PRESIDENT
(1) The President shall preside as chairperson at all meetings of the Local Union and
exercise all of the authority and responsibility as such chairperson.
(2) The President shall preside at all meetings of the Executive Board of the Local Union
as its chairperson and also at all sessions of the Executive Board sitting as a trial board.
(3) The President shall, together with the Secretary-Treasurer, sign all checks or orders
for the payment of monies from the Local Union's accounts, and sign all official documents of
the Local Union, except as herein otherwise provided.
(4) The President shall call special meetings of the Local Union or of the Executive
Board, when requested to do so by the Executive Board of the Local Union.
B---VICE PRESIDENT
The Vice President shall, in the absence of the President at any regular or special meeting
of the Local Union or of the Executive Board, perform the functions and duties of the President
at such meeting.
C---RECORDING SECRETARY
(1) The Recording Secretary shall prepare and sign minutes of all meetings which shall
be turned over to the Secretary-Treasurer as part of the records of the Local Union.
(2) The Recording Secretary shall submit the books to the Auditors of the Local Union
for inspection once a year or to a Certified Public Accountant when the Local Union has retained
such Accountant for the purpose of auditing the financial records of the Local Union, and to the
General President or a deputy or representative appointed by the General President for such
purpose, when requested.
(3) The Recording Secretary shall, together with the President, sign all credentials of
delegates of the Local Union.
D---SECRETARY-TREASURER
(1) All monies payable to the Local Union shall be turned over to the Secretary-
Treasurer, who shall give a proper receipt therefor.
(2) The Secretary-Treasurer shall make and keep a proper record of all such monies
received and deposit same in the name of the Local Union, in such banks or depositories as the
Executive Board shall determine.
(3) The Secretary-Treasurer shall make disbursements in accordance with the provisions
of Article IX herein.
(4) The Secretary-Treasurer shall, once each month, at a meeting of the Local Union,
make a written, categorical financial report of the monies received and disbursed since the last
report to a meeting.
(5) The Secretary-Treasurer shall, together with the President, sign all checks or orders
for the payment of monies from the Local Union's accounts.
(6) The Secretary-Treasurer shall submit the books to the Auditors of the Local Union
for inspection once a year or to a Certified Public Accountant when the Local Union has retained
such accountant for the purpose of auditing the financial records of the Local Union, and to the
General President or a deputy or representative appointed by the General President for such
purpose, when requested.
(7) The Secretary-Treasurer, in addition to the monthly per capita tax corresponding to
the monthly dues paid to the Local Union by its members, shall pay to the International Union
and the District Council with which the Local Union is affiliated each month or more often,
initiation fees and readmission fees for those who have paid similar fees to the Local Union,
giving the full names, addresses, dates of birth, Social Security numbers, e-mail addresses or
such other member information as may be lawfully required of those to be initiated or
readmitted. The Secretary-Treasurer shall also make payment, when due, of all other lawful
payments and obligations due and owing to the International Union and the District Council with
which the Local Union is affiliated.
* (8) Effective January 1, 2007, the Secretary-Treasurer shall pay directly to the
L.I.U.N.A. STAFF AND AFFILIATES PENSION FUND each month, an amount equal to
seventeen percent (17%) of the gross salary paid to each of its full-time officers and employees
covered by the Fund, provided that no payment shall be made on behalf of salary which is at a
rate lower than ten thousand dollars ($10,000.00) per year for any one person, but shall remain at
six thousand dollars ($6,000.00) per year for full-time officers and staff who were participants in
the Fund as of December 31, 1996.
(9) Each Local Union, through its Secretary-Treasurer, is charged with the obligation of
registering all applicants for membership with the International Union, upon receipt by it of the
initiation fee or of the first $45.00 paid by the prospective member toward the initiation fee,
whichever occurs first; effective January 1, 2007, the foregoing $45.00 shall be increased to
$55.00. The Local Union shall have the privilege of withholding the membership card received
from the International Union for such registration, until the individual has completed payment of
the full amount of the initiation fee payable to the Local Union.
__________________________
* This Section was amended by action of the General Executive Board on September 14, 2006,
acting pursuant to Resolution 3 as approved by the delegates to the 23rd Convention.
(10) The Secretary-Treasurer shall pay the per capita tax due to the International Union
for and in behalf of each member who has paid dues to the Local Union, in the second month
after such dues were payable but in no event later than 25 days after the last day required for the
payment of dues by the member. This 25-day period is allowed to the Secretary-Treasurer for
the purpose of preparing and forwarding the per capita tax report to the General Secretary-
Treasurer but does not inure to the benefit of the member as an extended time within which the
member may pay dues to the Local Union.
(11) Where a Local Union is affiliated with a District Council, the Secretary-Treasurer
shall, at the same time the appropriate payments are being made to the International Union, pay
to the District Council any per capita tax, initiation fees, readmission or other lawful fees which
may be due.
* (12) The Secretary-Treasurer shall pay directly to the L.I.U.N.A. STAFF AND
AFFILIATES PENSION FUND, the payment as aforesaid by the last day of the following
month for which said salary is due, but in no event later than the last day of the month following
the month in which the payment is due.
(13) The folios and other forms of registration and payments required to be made, shall
be in such form as prescribed by the General Secretary-Treasurer. The Secretary-Treasurer shall
order from the International Union all books and other paraphernalia as prescribed by the
Constitution.
__________________________
* This Section was amended by action of the General Executive Board on September 14,
2006, acting pursuant to Resolution 3 as approved by the delegates to the 23rd Convention.
(14) The Secretary-Treasurer shall promptly report to the General Secretary-
Treasurer all newly initiated and readmitted members, all transfers by members into or out of the
Local Union; all members to be suspended for nonpayment of dues or otherwise; or expelled; all
members deceased and the dates of death, and a report of members entering and returning from
military service.
(15) All minutes of meetings, property, books, papers, and records of all financial
transactions within the Local Union shall be in the custody of the Secretary-Treasurer.
E---BUSINESS MANAGER
(1) The Business Manager shall be the recognized representative of the Local Union.
It shall be the duty of the Business Manager of a Local Union to see to it that the affairs
and business of the Local Union are being properly conducted in accordance with the
Constitutions and with the rules, regulations, policies, practices and lawful orders and decisions.
(2) Specifically, but not in limitation thereof:
(a) Unless otherwise provided, negotiations with employers shall be through a
Negotiating Committee of the Local Union, of which the Business Manager shall be chairperson
ex-officio;
(b) It shall be the duty of the Business Manager to see to it that the provisions of all
agreements are enforced and respected by all persons affected thereby. All instances of noncompliance
which are not amicably adjusted by the Business Manager, shall be reported to the
Executive Board of the Local Union.
(3) The Business Manager shall have the authority to appoint and supervise Stewards.
(4) The Business Manager shall be in charge of, direct and supervise the activities of
Field Representatives and Organizers. The Business Manager shall have the authority to
discharge Field Representatives and Organizers.
(5) The Business Manager shall keep informed of all contemplated work to be done
within the jurisdiction of the Local Union and make such pre-job arrangements as may be
necessary in order to insure the proper and lawful progress of such work once started and to its
conclusion.
(6) The Business Manager shall visit all projects within the jurisdiction of the Local
Union in order to ascertain whether or not work is progressing in accordance with established
conditions.
(7) The Business Manager shall be charged with the responsibility of protecting the
craft jurisdiction within the territory entrusted to the Local Union by the International Union.
(8) The Business Manager shall use all proper and lawful means of organizing the
work coming within the territorial and craft jurisdiction of the Local Union.
(9) At each meeting of the Local Union and at such other times as the Executive Board
shall require, the Business Manager shall make an activity report which shall include the
activities of any assistants and which shall include, but shall not be limited to, organizing,
political action and, where applicable, training and apprenticeship.
(10) For all monies collected in the field, the Business Manager shall give an official
receipt furnished by the International Union, which monies shall then be turned over to the
Secretary-Treasurer of the Local Union, as soon as is practicable, and obtain a receipt therefor.
(11) By virtue of the election to said office, the Business Manager shall serve as a
delegate to the District Council, to any Conventions called by the International Union during the
term of office, and all other local labor bodies with which the Local Union is affiliated.
F---SERGEANT-AT-ARMS
The Sergeant-at-Arms shall determine the right of those who shall be permitted to enter
the meeting hall; and shall execute such orders received from the President for the maintenance
of order and decorum at meetings.
G---AUDITORS
(1) The Auditors shall at the end of the year audit the books of the Secretary-Treasurer
and check the entries with bank deposits, statements and other data or memoranda. They shall
render a detailed report annually to the Local Union, showing financial transactions and
condition of the Local Union for the preceding year.
(2) The Auditors shall have the right to require the production of books, records and
other data or memoranda from all officers, officials or employees who participated in any
financial transaction and to request their appearance for the purpose of making such report or
explanation as may be deemed necessary by them.
(3) When a Local Union has retained a Certified Public Accountant to prepare its
annual audit, then the foregoing subsections shall not apply. The Certified Public Accountant
shall be retained by the Executive Board. The Auditors shall cooperate with the Certified Public
Accountant in the preparation of such audit.
H---EXECUTIVE BOARD
(1) The Executive Board shall be composed of seven members.
(2) It shall consist of the President, Vice President, Recording Secretary, Secretary-
Treasurer, Business Manager and two other members elected by the membership as members of
the Executive Board.
In the event that there is a combination of offices, there shall be elected from among the
membership of Local Union such number of Executive Board members as to complete the
complement of seven members.
(3) The Executive Board, in interim periods between meetings, shall have the authority
of the Local Union except as hereinafter provided.
(4) Actions of the Executive Board, except for commitments and disbursements for the
regular, recurrent and incidental expenses of the Local Union, shall be binding until and unless
modified by vote of membership at a meeting of the Local Union when the report of the
Executive Board is made to it.
(5) The presence of at least four members of the Executive Board shall constitute a
quorum; a majority of those present and voting shall be required for all official acts.
(6) The Executive Board shall meet at least once a month and, when possible, prior to
the regular meeting of the Local Union; it shall also hold such special meetings as, in its
judgment, it may deem appropriate or necessary.
(7) The Executive Board shall submit a report of its activities and its minutes, to each
regular meeting of the Local Union.
(8) The Executive Board shall constitute and be the trial board to hear and determine
all charges, as hereinafter provided.
(9) It shall be the duty of the Executive Board to see to it that the affairs and business
of the Local Union are being properly conducted, in accordance with the Constitution.
(10) When the Local Union has decided that Field Representatives or Organizers are
needed, the Executive Board, after recommendation from the Business Manager, shall appoint
such Field Representatives or Organizers and it shall determine the salary and other
compensation to be paid. Approval shall not be unreasonably withheld. If a recommendation of
the Business Manager is rejected, then the Business Manager shall have the right to submit a
further recommendation for the Executive Board's consideration.
(11) The Executive Board shall see to it that bond is provided which protects against
loss by reason of acts of fraud or dishonesty covering every officer, agent, shop steward, or other
representative who handles funds or other property of the Local Union, in an amount not less
than the minimum required by the provisions of applicable law, and by any ruling of the General
Executive Board.
Section 5. Each officer, Executive Board Member and Delegate to a District Council,
where a Local Union is affiliated with a District Council, shall attend all meetings of the Bodies
in which the official functions; and failure to attend two successive meetings or any three
meetings in a period of one year, unless excused for just cause by a vote of the Executive Board
or membership of the Local Union, shall be deemed sufficient ground for hearing and trial before
the Executive Board of the Local Union, why that official should not be removed from said
office or position.
Section 6. Upon the termination of office, each officer shall turn over the books,
papers, records and other property which came into the officer's possession, custody and control,
to the organization. This provision shall also apply to all other officials or employees of the
Local Union.
ARTICLE V
Qualifications for Office
In order to qualify as a candidate for any office in a Local Union, a member:
Section 1. Shall be required to have been in good standing in the International Union
for a period of two years and in good standing in the Local Union for a period of two years
immediately prior to nomination and to be current in the payment of dues; these requirements
shall not apply in cases when Local Unions have been chartered for a period of less than two
years prior to the date of nomination.
Section 2. Shall be a lawful permanent resident and shall be lawfully employable under
the laws of the United States or Canada.
Section 3. Shall be literate.
Section 4. No one shall be eligible to hold any office in the Local Union if the person
has not been regularly working at the calling of the International Union during the entire year
immediately prior to nomination. "Working at the calling" shall be defined to include:
(a) Employment for which the Union serves, or is actively seeking to serve, as the
exclusive collective bargaining representative of employees;
(b) Employment in a full-time official capacity for the Local Union;
(c) Employment by government or the trade union movement in a capacity directly
related to the calling and one which would directly benefit the Local Union and its members
except that employment by the Local Union in a clerical or administrative position shall not be
deemed to be "working at the calling." Members who are employed in such clerical or
administrative positions and are therefore ineligible from being candidates for office shall retain
their rights as members to participate in the affairs of the Union, including campaigning
activities, to the extent permitted by applicable law;
(d) Periods of unemployment where the member was available for and continuously
and actively sought employment at the calling which shall be understood to require full
compliance with the lawful rules of the referral service or hiring hall, if any, operated by the
Local Union;
(e) Members who can prove they were unable to work because of temporary illness or
disability of less than one year so long as that member has a reasonable expectation of returning
to work in the foreseeable future.
In examining the circumstances of each particular case, due regard shall be given to the
good faith involved.
Section 5. No person who has been debarred after trial, from holding office, shall be
qualified as a candidate during the period of such debarment.
Section 6. A candidate shall not be eligible to run for office if such candidate is a
member of, or a sympathizer with, any organization that has for its purpose the overthrow of this
Organization or of the Government of the United States of America or of Canada, by force or
violence, or who is unable to qualify under this Constitution and in accordance with the
provisions of existing law.
Section 7. A candidate must agree to observe, conform and comply with all of the
terms and provisions of the International Union Constitution, the Uniform Local Union
Constitution and the Uniform District Council Constitution and all of the rules, regulations,
policies, practices and lawful orders and decisions adopted and promulgated in the furtherance
and administration of the provisions of the said Constitutions.
Section 8. Such candidate must agree to refrain from conduct that would interfere with
the proper conduct of all of the business of the Organization.
Section 9. Such candidate must agree to recognize said responsibility toward the
preservation of the Union as an institution.
Section 10. All of the qualifications for office must be present at the time of
nominations, as well as at the time of election and during the term of office.
Section 11. Any person who receives a pension from a pension or a retirement fund
related to the International Union or any affiliate thereof shall be presumed to be a retiree and,
therefore, not to be working at the calling of the International Union and not to be qualified as a
candidate for office. The burden shall be on such pension recipient to demonstrate affirmatively
to the satisfaction of the Judges of Election that such individual nonetheless meets the
constitutional qualifications for office.
ARTICLE VI
Nomination and Election of Officers
Section 1. NOMINATIONS:
(a) A special meeting, to be known as the "Nomination Meeting," shall be held not less
than ten days nor more than twenty days prior to a regular meeting of the Local Union to be held
in the month of May of the election year, at which nominations shall be made for all of the
offices or positions, including delegates to the District Council, to be filled;
(b) No less than seven days prior to said Nomination Meeting, notice thereof shall be
mailed to each good-standing member of the Local Union at such member's last-known address,
and such notice shall list the offices and positions to be filled and the time and place of such
meeting;
(c) Three Judges of Election shall be appointed prior to the Nomination Meeting by the
Executive Board of the Local Union. They shall not be candidates for office but they shall
possess all the qualifications required of candidates for office except that they may be retired;
(d) The salary and compensation to be paid to elected officers or officials shall be fixed
prior to the nominations; provided that adjustments to salary during the term of office may be
effected in accordance with the provisions of Article IX herein;
(e) A member in good standing shall be eligible to be nominated for office in the Local
Union. Such member shall meet all of the requirements of qualification hereinabove outlined;
(f) All members nominated shall be nominated by another member in good standing
and shall be present at the time of nomination, unless absent from the meeting on business for the
Local Union, for the District Council, or for the International Union, or excused for just cause by
a vote of the membership of the Local Union and shall indicate immediately upon nomination
whether it is accepted or declined. Once a nomination is accepted, the nominee has no right to
withdraw such candidacy prior to the election;
(g) Nominations shall be made in the following order: President, Vice President,
Recording Secretary, Secretary-Treasurer, Business Manager-Delegate-*Convention Delegate,
Sergeant-at-Arms, Auditors (3), Executive Board Members, Delegate(s) to the District Council.
___________________________
* Applies only in an election where the term of office would include a Convention of the
International Union.
This order is subject to combination of offices, when approved, in accordance with
constitutional provisions. No member may be a candidate for, nor hold more than one office,
except where a combination of offices has been approved, in accordance with the provisions of
this Constitution;
(h) All elected officers shall serve for a term of three years, provided, however, that the
term shall be four years where the law permits. The newly elected officers shall take the oath of
office and be installed by the presiding officer at the first regular meeting after the election.
Section 2. WHEN THE NOMINATIONS HAVE BEEN COMPLETED:
(a) The Chairperson shall state that the Constitution requires all candidates to appear
before the Judges of Election, who shall examine them in order to determine whether or not each
candidate possesses all of the qualifications hereinabove provided; (b) The Judges of Election
shall then announce the time and place when such examinations will be made;
(c) Candidates are required to appear at such time and place and be examined unless
absent on business for the Local Union, for the District Council or for the International Union, or
excused for just cause by the Judges of Election. If absent for any of the foregoing reasons, the
candidate and the Judges of Election shall promptly schedule an alternate time and place so that
the candidate may be examined as to qualifications. Unexcused absence from a nomination
meeting shall serve to disqualify such member from any subsequent nomination in the same
election;
(d) Any member in good-standing wishing to protest the qualification of any candidate
or who may have information or data regarding the qualification of a candidate, may also appear
before the Judges of Election at the time and place specified;
(e) After the Judges of Election have completed their examination, they shall pass upon
and decide whether or not each candidate qualifies, as provided, and prepare their report, which
is to be submitted to the regular meeting of the membership in the month of May following the
Nomination Meeting.
In the event there is no contest for any office and the candidates are found properly
qualified, the Judges of Election shall certify to the May meeting that there is no need for a secret
ballot election, and the nominees shall be declared duly elected;
(f) If the Judges of Election have disqualified any candidate, the Chairperson of the
meeting shall then call further nominations if, but only if, the disqualification results in there
being no candidate for that office or position, or, in the case of Executive Board Members,
auditors or delegates to the District Council (if applicable), in there being fewer candidates than
there are positions to be elected. If any such nominations are made, the Judges of Election shall
immediately examine the new nominees and report on same at said meeting.
(g) The Judges of Election shall prepare the official ballot. In the preparation of the
official ballot, the Judges of Election shall consult with and obtain from the Recording Secretary
the list of candidates for each office or elective position; the official ballot shall then be prepared
pursuant to said data, with the names of the candidates listed in the order in which they were
nominated. Once the Judges of Election have declared the nominees eligible to run, no nominee
will be stricken from the ballot for any reason, including the unavailability or unwillingness of
the nominee to serve in office;
(h) The Judges of Election shall then contact and consult with the Secretary-Treasurer,
in order to determine the number of official ballots to be printed, if ballots are to be used, or the
number of voting machines, if the election is to be conducted by voting machines. Upon being
so informed, the Judges of Election shall then order the preparation of the required number of
official ballots, or to make the necessary arrangements for the number of voting machines, both
of which shall be in such form as to protect and insure the secrecy of the vote of the member;
(i) The official ballots, once printed, shall remain in the custody of the Judges of
Election until the day of election;
(j) At the May meeting, the membership shall determine and fix the date on which the
election shall be held and the place and the hours during which the polls shall remain open.
When this data has been determined, the Secretary-Treasurer shall mail a written notice
to the last-known address of each member in good standing, which would inform each member
of the date, place and time of election and the list of the offices or elective positions to be filled;
such notice to be mailed not less than fifteen days prior to the date of election.
Section 3. ELECTION:
(a) The voting area shall be located in a hall or room where all of the functions of the
election process will be open and visible at all times to the Watchers and the election officials
charged with the proper conduct of the election;
(b) Each candidate may, at such candidate's own expense, designate in writing a
Watcher who must be a member of the Local Union and who must, no later than the day of
election, deposit such written appointment with the Judges of Election;
(c) Those permitted to be in the voting area are the three Judges of Election, the
Secretary-Treasurer (who may have an office secretary present if deemed necessary), any duly
designated Watchers and such other persons whose presence the Local Union may deem
necessary in the process and conduct of the election; provided that a motion to this effect is made
and adopted at the May meeting preceding the election; and all the members in good-standing
during the period necessary and required for the casting of their votes;
(d) As each member in good-standing appears for the purpose of voting, such member
shall report to the Secretary-Treasurer and present identification.
The Secretary-Treasurer, together with a Judge of Election, shall then determine
whether such person is current in the payment of dues and otherwise qualified and entitled to
vote. Current in payment of dues for purposes of election shall mean that the member is not
more than two (2) months in arrears in the payment of dues.
As members are qualified, they shall be required to sign their names and card numbers
on a Membership Voting Register, which Register, when the voting has been concluded, shall
then be signed, at the end thereof, by the Secretary-Treasurer and the three Judges of Election;
(e) After members have been qualified, they shall each be given an official ballot and
permitted:
(1) if a paper ballot is used, to mark the ballot, indicating their choice of candidate for
each office and elective position, in a secret manner where such choice cannot be identified with
the voter; and thereafter to deposit their ballots in the ballot box, in the presence of a Judge of
Election and the Watchers, which box shall be locked during the voting process;
(2) if the vote is by voting machine, to register their votes in a secret manner and in a
manner where such choices cannot be identified with the voter;
(f) A member who has completed voting shall leave the voting area;
(g) If a voter requests assistance, such assistance shall be given by a Judge of Election;
(h) No "write-in" vote shall be permitted on the day of election;
(i) When the closing time as prescribed has arrived and all voters present have voted,
the Secretary-Treasurer, having fulfilled the duties of said office during the election, shall leave
the voting area. The Judges of Election shall take possession of the ballot box, in the case where
paper ballots are used, or open the voting machine, if machines are used, and proceed to count
and tally the vote for each office or elective position, in the presence of the Watchers. When the
count and tally for each office has been completed and the total vote for each candidate has been
established, the Judges of Election shall announce the result, after which they shall mark the
result of the total vote for each candidate on two blank official ballots or on two official lists of
candidates and certify, by their signatures, that such results are the official results of the election,
one of which shall be kept by the Judges of Election, for the purpose of preparing their report to
the following meeting of the Local Union and the other to be turned over to the Secretary-
Treasurer for the purpose of posting same as the result of the election, for the information of all
of the members of the Local Union;
(j) In the event of a tie in the votes cast for the candidates for any office, the decision
will be made by lot from among those candidates having the tie vote;
(k) All of the ballots cast and all of the remainder of the unused ballots, the tally sheet
and the Membership Voting Register, shall be gathered and wrapped in a package which shall be
sealed and signed by the three Judges of Election. The Judges of Election shall retain custody of
this package until the meeting when they make their report, at which time they shall surrender
said records to the newly elected Secretary-Treasurer.
(l) At the meeting following the election, the Judges of Election shall submit a written
report of their activities and functions dealing with their duties after nominations, and the
conduct of the election, and attach thereto the official list of candidates containing the results of
the election which was signed by them after the tally had been completed; thereupon, the newly
elected officers shall be duly installed in office and shall assume their duties and responsibilities;
(m) Filling of Vacancies: In the filling of a vacancy in an office or elective position,
including vacancies arising when a person who is unwilling or unavailable to serve is elected to
office, the Executive Board shall fill the vacancy by appointment in a provisional capacity of a
member having all the requirements for office;
(n) When a member has been elected to office or to an elective position, the member
shall, as such officer or official, fully perform all such duties, responsibilities and obligations that
attach to such office or position as required by the International Union, Local Union or District
Council Constitutions.
(o) Non-compliance by anyone holding an elective office or position shall be subject
to all applicable disciplinary provisions contained in either the International Union, Local Union,
or District Council Constitutions; anyone holding a non-elective position who does not comply
with the above requirements shall be subject to discharge.
Section 4. DELEGATES:
(a) All delegates of Local Unions to Conventions of the International Union shall be
nominated and elected at the time prescribed in the International Union Constitution. The
manner of nominating and electing such delegates to regular Conventions of the International
Union, shall be as provided for in Article V, Section 9 of the International Union Constitution;
(b) The Business Manager of a Local Union elected in conformity with the provisions
of Article VI of the Uniform Local Union Constitution shall, by virtue of such election, serve as
a delegate from the Local Union to the appropriate District Council and all other local labor
bodies with which the Local Union is affiliated. All other delegates of a Local Union to a
District Council shall be nominated and elected in accordance with all the constitutional
provisions dealing with qualifications, nominations and election of officers of Local Unions,
except that the Executive Board may, in advance of the nomination of officers, determine that
either its President or Secretary-Treasurer (but not both) shall, by virtue of the elected office,
also serve as a delegate; The foregoing provision does not apply to the selection of delegates to
the International Union Convention;
(c) Delegates to all other bodies, conventions, meetings or conferences may be either
elected by the membership or appointed by the Executive Board of the Local Union, in
accordance with the vote of the membership at a meeting or as required by the constitution, rules
or regulations of such other body.
Compensation, allowances and reimbursement for expenses may be provided by the
Executive Board to such delegates for the performance of their duties and responsibilities.
ARTICLE VII
Meetings
Section 1. Each Local Union shall hold at least one regular meeting each month on
such day, time and place as established by vote of the membership of the Local Union. When
regular meetings are not held at a fixed and regular time and place each month, notice of such
meetings shall be sent to each member in good-standing of the Local Union.
Section 2. Special meetings shall be called by the President of the Local Union when
requested to do so by the Executive Board. A notice of such special meeting shall be mailed to
all good-standing members of the Local Union, which notice shall specify the purpose for the
call of said meeting.
Section 3. It is the intent of this Constitution that all members should attend all
meetings of the Local Union and that the Local Union should take such steps as may tend to
encourage attendance of members at meetings.
The attendance of ten members at a meeting shall constitute a quorum for the
transaction of business in Local Unions of four hundred members or less; and the attendance of
fifteen members shall constitute a quorum in Local Unions of more than four hundred. There is
no minimum quorum requirement for nomination and election meetings.
Section 4. ORDER OF BUSINESS:
The order of business to be followed at regular meetings of the Local Union shall be as
follows:
1. Roll Call of Officers
2. Reading of Minutes of Previous Meetings
3. Communications and Bills
4. Report of Executive Board
5. Report of Business Manager
6. Report of Delegates to District Councils and other Bodies
7. Political Report
8. Organizing Report
9. Report of Other Committees
10. Unfinished Business
11. New Business
12. Financial Reports
13. Good and Welfare
14. Adjournment
Section 5. The President, as presiding officer of all meetings, shall maintain order and
decorum at said meetings and shall properly conduct all of the business coming before said
meetings; the President shall see to it that all members present comply with and respect the
provisions of this Constitution dealing with the attendance of members at meetings and shall
have authority to remove from the hall and bring charges against members who improperly
obstruct and interfere with the orderly conduct of the business of the meeting.
Section 6. Any member who is not working at the calling or who is engaged in
independent enterprise shall not have a voice or vote at meetings of the Local Union. A retired
member shall have voice and vote at Local Union meetings only on matters of direct concern or
interest to retired members.
Section 7. Unless otherwise provided either by this Constitution or by rules and
regulations established pursuant thereto, generally accepted parliamentary procedure shall
prevail at all meetings of the Local Union.
ARTICLE VIII
Initiation Fees, Readmission Fees,
Dues and Assessments
Section 1. The initiation fees and dues to be paid by members and apprentice members
to Local Unions affiliated with a District Council, shall be established and regulated by the
District Council, in accordance with the provisions of Article II, Section 2(e) and Article VIII,
Section 2 of the Uniform District Council Constitution.
Section 2. Where initiation fees and dues are not established by a District Council, the
Local Union shall, by secret ballot vote of the membership, establish the initiation fee and dues
to be paid by its members and apprentice members, in accordance with applicable law.
Section 3. In all instances, the initiation fee shall be not less than forty-five dollars
($45.00) nor more than six hundred dollars ($600.00). Effective January 1, 2007, the initiation
fee shall be not less than fifty-five dollars ($55.00) nor more than seven hundred dollars
($700.00). The dues shall be not less than twenty-five dollars ($25.00) as of January 1, 2007,
twenty-six dollars ($26.00) effective January 1, 2008, twenty-seven dollars ($27.00) effective
January 1, 2009, twenty-eight dollars ($28.00) effective January 1, 2010, and not less than
twenty-nine dollars ($29.00) effective January 1, 2011. All dues whether below, at, or above the
minimum shall be increased by no less than one dollar ($1.00) per month no later than January 1,
2007, by an additional one dollar ($1.00) on January 1, 2008, by an additional one dollar ($1.00)
effective January 1, 2009, by an additional one dollar ($1.00) effective January 1, 2010, and by
an additional one dollar ($1.00) no later than January 1, 2011. Affiliates shall have the authority
upon the recommendation of the Executive Board and approval by the membership to set a lesser
schedule of minimum dues and initiation fees for apprentice members. If a reduced initiation fee
is charged to an apprentice member, the balance of the fee may be assessed at the time the
apprentice acquires full membership.
Section 4. The monthly dues are due on the first day of the month and unless paid on or
before the last day of the following month, the member shall be deemed suspended by the
International Union without notice. A member shall not be subject to suspension for an
employer's failure to remit that member's dues to the Union where the member has executed a
valid voluntary dues checkoff authorization card and where the employer has deducted those
dues from the member's wages.
Section 5. A member who has reached the age of sixty-two years and who desires to
retire and cease working at the calling, or who is receiving a pension from the Laborers' pension
fund shall be entitled to pay minimum dues of eight dollars ($8.00) per month and thereby
continue to maintain good-standing.
Section 6. The readmission fee for persons who are suspended for nonpayment of dues,
assessments or fines to the Local Union and who remain suspended for a period of less than one
year, shall be the amount of such assessments or fines, plus the current dues, plus the greater of
either (1) the amount of the dues during each month of the member's suspension plus $25.00, or
(2) eight percent (8%) of the initiation fee for each month during which the member was
suspended. In no case shall the readmission fee be greater than the initiation fee.
Once the member has been suspended for defaulting in the payment of dues, as herein
provided, the date of suspension referred to in this Section shall be the first day after the month
for which the member's dues were last paid.
Section 7. Persons in arrears have no right to attend meetings, nor any other rights,
except the right to be readmitted in accordance with the above Section.
If a member becomes suspended by reason of that member's own conduct, such
member can only be readmitted within twelve months of such suspension and only through the
Local Union in which membership was held when suspended. Readmitted members shall be
considered new members from the date of their readmission.
Section 8. ASSESSMENTS:
When an assessment is proposed by the Executive Board or by action at a meeting of
the Local Union, where such Local Union is not affiliated with a District Council, a notice shall
be mailed to the members in good-standing, at least seven days prior to the next regular meeting
of the Local Union, advising them that the proposed assessment will be considered and voted
upon at the meeting of the Local Union, by secret ballot. When an assessment has been voted, it
shall not be levied until it is first submitted to and approved by the General President.
ARTICLE IX
Income and Disbursements
Section 1. The sources of income to a Local Union shall be from dues, initiation fees,
readmission fees, assessments and income from other proper and lawful sources.
Section 2. The income shall be in amounts that are necessary to accomplish and take
care of the obligations and requirements of the Local Union and the purposes for which the Local
Union was established. The income shall be promptly deposited in such banks or depositories as
are determined by the Executive Board of the Local Union.
Section 3. (a) The Executive Board shall have the authority to make commitments and
disbursements in its discretion from the funds, assets and property of the Local Union for the
regular, recurrent and incidental expenses of the Local Union. The Executive Board shall further
have the authority to make commitments and disbursements in its discretion from the funds,
assets and property of the Local Union for organizing, strikes, collective bargaining, contract
administration, awards, gifts, donations, charitable contributions, political purposes, education,
public relations, employee benefit plans for Local Union personnel and officers, legal expenses,
and such other expenses and investments as it deems necessary or proper to carry out the objects
and purposes of the Union.
Travel expenses may also be provided for an Executive Board member's spouse who
accompanies the Executive Board member when the member travels in connection with the
performance of the member's duties and responsibilities;
* (b) In accordance with the provisions of Article IV, Section 4 herein, the Secretary-
Treasurer shall make disbursements from the funds of the Local Union for the regular, recurrent
and incidental expenses of the Local Union, such as mortgage, leases, rent, taxes, salaries and
other compensation, travel, allowances, reimbursements for expenses, utilities, telephone,
maintenance, cleaning, repairs, supplies, office equipment, obligations to the International
Union, obligations to the District Council if so affiliated, and obligations to the L.I.U.N.A.
STAFF AND AFFILIATES PENSION FUND, and to make such other payments as directed by
the Executive Board.
Section 4. (a) The financial obligations of a Local Union shall be fixed and regulated
within the income of the Local Union;
* (b) A Local Union shall make no disbursements that will preclude it or interfere with
its ability to first meet its financial obligations to the International Union and the L.I.U.N.A.
STAFF AND AFFILIATES PENSION FUND;
(c) A Local Union shall not enter into contractual undertakings for the acquisition of
property or the retention of services if, at the time of such proposed undertaking, its current
income is insufficient to meet the expenses of such undertaking;
* (d) The Local Union shall not make disbursement of salary or other compensation to
Local Union officers if the Local Union is delinquent in the payment of its per capita tax to the
International Union or in the payment of pension fund contributions to the L.I.U.N.A. STAFF
AND AFFILIATES PENSION FUND unless the Local Union has made arrangements
acceptable to the General Secretary-Treasurer and to the Fund for the repayment in a timely
fashion of any such delinquency.
Section 5. When the income to the Local Union reduces to a point where such income
cannot properly take care of the financial obligations of the Local Union, including salaries and
compensation to officers, officials and personnel, the Local Union may vote to take such action
as is necessary, commensurate with the reduced income, including reduction in salaries or
compensation of officers, officials and personnel; when the contemplated action is to reduce
salaries or compensation of officers and elected officials, such reduction shall be voted upon by
the membership at a meeting of the Local Union only after written notice is given to all of the
members in good standing, of the proposal and the meeting at which such proposal shall be voted
upon, or the membership approves such reduction at two consecutive meetings.
Section 6. When an increase in salary or compensation is proposed to be effective
during the term of office then current, the increase shall be voted upon by the membership at a
meeting of the Local Union only after written notice is given to all of the members in good
standing of the proposal and the meeting at which such proposal shall be voted upon, or the
membership approves such increase at two consecutive meetings; provided, that the Executive
Board may increase salaries or compensation to reflect the increase in the cost-of-living, said
____________________________
* This Section was amended by action of the General Executive Board on September 14,
2006, acting pursuant to Resolution 3 as approved by the delegates to the 23rd Convention.
increase not to exceed the percentage of increase in the National Consumer Price Index
published by the Bureau of Labor Statistics, United States Department of Labor; in Canada, the
Consumer Price Index published by Statistics Canada; provided further, that no such cost-ofliving
increase can be effected within one year of any other increase in salary or compensation.
Section 7. No commitment or disbursement of the Local Union shall be considered
void or unenforceable where such action was undertaken in substantial compliance with the
provisions of this Article.
ARTICLE X
Transfers
A member in good standing of a Local Union shall have the right to transfer
membership from that Local Union into another affiliated Local Union, in accordance with
Article XXI, Sections 1 through 10 of the International Union Constitution.
ARTICLE XI
Charges, Trials and Appeals
Section 1. An officer or member in good-standing may prefer charges against any other
officer or member of the Local Union, by filing written charges in duplicate with the Recording
Secretary of the Local Union. These charges must be signed by the person preferring the charges
and indicate the provisions of the Constitution to be relied upon, or the agreement or rule alleged
to have been violated, and must set forth the specific violation or wrong charged and the date on
which it allegedly occurred. Except for good cause, charges must be filed within ninety (90)
calendar days of the time that the charging party knew or reasonably should have known of the
relevant facts and circumstances giving rise to the charge(s); otherwise, charges filed beyond the
ninety (90) calendar day period shall be time barred.
Section 2. The Recording Secretary shall promptly notify the members of the
Executive Board that charges have been filed, and after a consultation with them, shall promptly
set a date for a hearing and trial on said charges. Immediately thereafter, a copy of the charges
shall be mailed to the last-known address of the accused. A written notice of the time and place
where the hearing and trial will take place before the Trial Board shall be mailed to the accused
and to the charging party not less than seven days nor more than twenty-one days from the date
of said hearing and trial.
Section 3. The members of the Executive Board of the Local Union shall constitute the
Trial Board; except that neither the charging party nor the accused nor any member directly
interested or involved in the charges may sit as a member of the Trial Board.
In such cases, the President of the Local Union shall appoint a substitute or substitutes
from the members in good-standing. If the President is to be disqualified, then the Vice-
President shall appoint a substitute or substitutes; and if the Vice President is also to be
disqualified, then the substitute shall be appointed by the remaining Trial Board members.
Where one or more members of the Executive Board of a Local Union appear to be
disqualified, the matter may be referred to the General President who shall be entitled to
investigate to determine whether such disqualification exists. Upon a finding of disqualification,
the General President shall have discretion to assume original jurisdiction over such charges, in
which case the matter shall be referred to the Independent Hearing Officer to hear such charges
for decision and disposition; or, in the General President's discretion, the charges may be
referred to the appropriate District Council for trial.
Where the charging party or the accused makes a request for a delay, the Trial Board
may grant a postponement, for good cause shown.
Section 4. The hearing and trial shall be conducted in an orderly, fair and impartial
manner and should assure the full presentation of all the facts to the Trial Board.
The burden of proof shall be on the charging party. If the charging party fails to
appear, the charges shall be dismissed. If the accused fails to appear, the Trial Board shall
proceed with the hearing and receive all the facts and evidence available.
The charging party shall first present evidence to substantiate the charges. The accused
shall have the right to be present throughout the trial and to cross-examine the charging party and
any of the charging party's witnesses upon completion of their testimony.
After the evidence in support of the charges has been received, the accused shall
present the defense. The charging party shall have the right to cross-examine the accused and
any of the accused's witnesses upon completion of their testimony.
Section 5. The Trial Board shall record minutes of its meetings and proceedings and
these minutes, together with any documents submitted, shall constitute the official record of the
Trial Board.
Upon conclusion of the hearings, the Trial Board shall consider all of the evidence and
argument submitted and proceed to make its findings and decision. It shall prepare a Report of
said findings and decision, which shall be signed by all the members of the Trial Board. The
Recording Secretary shall forthwith mail a copy of said Report to the charging party and the
accused at their last-known addresses.
Section 6. A copy of the Trial Board Report shall be submitted to the next regular
meeting of the Local Union. The findings and decision of the Trial Board shall be binding unless
and until two-thirds of the members present and voting at said meeting, reverse or modify the
findings and decision of the Trial Board. The Recording Secretary shall forthwith mail a copy of
said action to the charging party and the accused at their last-known addresses.
Section 7. If either the charging party or the accused is aggrieved, such party may,
within thirty days from the date of notice of said action, appeal therefrom to the Appellate
Officer of the International Union by filing such appeal with the Appellate Officer in writing.
The appeal shall clearly and specifically set forth the grounds in support of said appeal and shall
contain a copy of the findings and decision, and action.
After notice of such appeal from the Appellate Officer, the Local Union shall then submit
promptly to the Appellate Officer, the following:
1. Copy of the charges
2. Copy of the notice of hearing
3. Record of the Trial Board hearing
4. Copy of Report of the Trial Board
5. Copy of the notification of the Trial Board's decision
6. Copy of minutes of regular meeting at which the Trial Board reported
to the Local Union
7. Copy of notification of Local Union action
If an appeal is seasonably taken, it shall have the effect of staying the decision and
sentence of the Trial Board and no fine, suspension or expulsion shall be effective pending the
outcome of the appeal, provided, however, that where any officer has been found guilty and
suspended from office because of negligence, incompetence or dishonesty in the performance of
such officer's duty, such officer shall remain suspended from holding such office pending the
decision of the Appellate Officer on the appeal.
Section 8. The matter of conduct of nomination or election of Local Union officers,
officials and delegates is not within the jurisdiction of the Local Union Trial Board.
Any member aggrieved with the nomination process must appeal directly to the Special
Election Officer prior to the holding of the election. Any member aggrieved with the conduct of
the election must protest directly to the Special Election Officer within thirty days after the
election. All such protests must clearly and specifically set forth the grounds upon which the
appellant shall rely.
Section 9. In jurisdictions where a District Council exists, all charges for violations of
matters falling within the jurisdiction of the District Council, such as violations of agreements,
working rules, etc., shall be filed with the Secretary-Treasurer of the District Council, which
shall have jurisdiction to hear the charges in accordance with the provisions and procedures set
forth in Uniform District Council Constitution Article XII without regard to whether the
charging or charged party is an officer or delegate to the District Council.
*ARTICLE XII
Oath of Office
Each officer or person assuming an elective position shall, in response to the recitation of
the following oath, publicly affirm his or her acceptance of its obligations and responsibilities by
saying "I do" or otherwise indicating assent prior to being installed and assuming the duties of
that office or position:
"By assuming office, you hereby accept both the honor and the responsibility of
faithfully representing the proud men and women of the Laborers' International
Union of North America. To the utmost of your abilities, you promise to pursue
steadfastly the cause of justice, dignity, respect and equality for all working
people. You promise to labor relentlessly to grow and strengthen this Union so
that it may be in the next 100 years Strong, Proud and United. You pledge to
recognize and comply with all of the provisions of the Laborers' Constitutions
and with all of the policies, practices and decisions adopted and maintained in the
furtherance thereof. All this you solemnly promise, so help you God."
Oath of Membership
"As a member of the Laborers' International Union of North America and
of this Local Union, you promise to be active in its affairs, loyal to its cause
and purpose, and obedient to your constitutional obligations and
responsibilities. You promise to fight for the cause of all working men and
women in the United States and Canada. On the Union's behalf, you will
regularly attend Union meetings and volunteer your time as an organizer, on
picket lines, at rallies, in political activities and in local charities or
community activities. All this you solemnly promise, so help you God."
______________________________
* This Article was amended by action of the General Executive Board on January 17, 2007, and
is subject to ratification of the delegates to the 24th Convention in 2011.
L. I. U. of N. A.
UNIFORM LOCAL UNION CONSTITUTION INDEX
Art. Sec. Page
Affiliation.......................................................................... I 2 68
Agreements, enforced by Business Manager
........................................................................................ IV 4E 81
Appeals. See Charges, trials, and appeals
Apprentices....................................................................... III 4 76
Assessments
paid by applicants.............................................................. III 1(e) 79
proposal and approval of.......... VIII 8 97
suspension........................ II 3(h) 71
Auditors, duties.................... IV 4(G) 82
Audits
annual............................ IV 4G 82
of Recording Secretary's records.. IV 4C(2) 77-78
of Secretary-Treasurer's records.. IV 4D(6) 78
Autonomy, degree of................. II 2(a) 69
Bonding............................. IV 4H(11) 84
Business Manager of the Local Union, duties
.................................. IV 4(E) 80-82
Charges, trials and appeals
heard by the Executive Board...... IV 4H(8) 83
procedure......................... XI 1-9 101-104
right to.......................... III 2(h) 74
Constitutions
exhausting remedies and........... II 3(l) 72
oath to support................... XIII 104-105
obligations
of Local Unions.................. II 3 70-72
of members....................... III 3 75-76
................................. VII 5 95
of officers...................... IV 5
................................. V 7 84
................................. VI 3(n) 92
rights of members................. III 2 73-74
Councils and other bodies,
obligation to affiliate with
.................................. II 3(c) 70
Delegates........................... IV 4E(11) 82
.................................. VI 4 93
Disbursements....................... IX 1-7 98-100
Dissolution......................... II 3(k) 72
District Council, obligation of affiliate with
.................................. II 3(c) 70
Dues
arrearage......................... VIII 7 97
arrearages of..................... VIII 4 96
established by District Council... VIII 1 95
retirees and...................... VIII 5 96-97
Election of officers................ VI 3 90-92
Executive Board of the Local Union, duties
.................................. IV 4H 80-82
Income.............................. IX 1-7 98-100
Initiation fees
established by the District Council VIII 1 95
established by the Local Union..... VIII 2-3 96
minimum and maximum................ VIII 3 96
obligation to pay.................. III 3(i) 76
paid by applicant.................. III 1(e) 73
submitted to the International Union IV 4D(7) 78-79
Jurisdiction......................... I 2 68
................................... II 1 68
Meetings
Executive Board attendance at...... IV 5 84
frequency and procedure............ VII 1-7 93-94
parliamentary procedures........... VII 7 95
presiding officer for.............. IV 4(A)(1) 77
................................... VII 5 95
proper decorum for................. III 3(e)&(f) 75
retired members and................ VII 6 95
right to attend.................... III 2(b) 74
Membership
applicants......................... III 1 72-73
................................... IV 4D(9) 79
minimum............................ II 3(g) 71
Negotiations, conducted by the Business Manager
................................... IV 4E 80-82
Nomination of officers............... VI 1-2 86-90
Oath of allegiance................... XII 104-
105
Objects of the Local Union........... II 1 68-69
Obligations of members............... III 3 75-76
at meetings........................ VII 5 95
Obligations of the Local Unions...... II 3 70
Officers. See also specific officers
combining offices.................. IV 2 76
compensation for................... IX 4(d) 99
................................... IX 5-6 99-100
................................... VI 1(d) 87
duties............................. IV 1-6 76-84
election of........................ VI 3 90-92
filling vacancies.................. VI 3(m) 92
list of............................ IV 1-6 76
nomination of...................... VI 1-2 86-90
non-compliance by.................. VI 3(o) 92
qualifications of.................. V 1-10 84-86
term of............................ VI 1(h) 88
Pension Fund......................... II 3(j) 72
................................... IV 4D(8) 79
Per capita tax....................... II 3(h) 71
................................... III 1(h) 73
Powers of the Local Union............ II 2 69-70
President of the Local Union, duties. IV 4A 77
Qualifications for office............ V 1-10 84-86
Quorums
of Executive Board................. IV 4H(5) 83
for membership meeting............. VII 3 94
Readmission.......................... II 3(h)&(i) 71-72
................................... III 2(e) 74
................................... IV 4D(7) 76-77
................................... VIII 7 95
Recording Secretary, duties.......... IV 4(C) 75-76
Records
custody of......................... IV 4D(15) 78
reversion to the International Union II 3(k) 70
submission for inspection.......... II 3(e) 69
surrendered by past officers....... IV 6 82
Regional Organizing Fund......... II 3(c)
68
Rights of members.................... III 2 72
Secretary-Treasurer of the Local Union, duties
................................... IV 4(D) 76-78
Sergeant-at-Arms, duties............. IV 4(F) 80
Subversive activities................ III 1(b) 71
................................... V 6 84
..............................
Suspension. See also Charges, trials, and appeals
of Local Unions.................... II 3(g)-(k) 69-70
of members......................... VII 4 92-93
................................... VII 6 93
................................... VIII 7 95
Secretary-Treasurer's report of.... IV 4D(14) 78
Transfers............................ X 98
right to........................... III 2(d) 72
Secretary-Treasurer's report of.... IV 4D 76-78
from suspended Local Union......... II 3(g) 69
Trial Board.......................... XI 1-9 99-102
See also Charges, trials, and appeals
Charges, trials, and appeals
Trials. See Charges, trials, and appeals
Vice-President of the Local Union, duties IV 4(B)
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