UA Constitution 2006 - 2011

BUILDING AND CONSTRUCTION TRADES

QUALIFICATIONS AND MEMBERSHIP PROCEDURES

Application for Membership in Building and Construction Trades and Combination Local Unions

(a) Every applicant for membership as a journeyman in a Building and Construction Trades Local Union or a combination Local Union (Building and Construction Trades branch) must be a skilled craftsman and his application must contain information as to his experience and/or training. These qualifications must include:

1. That he has had a minimum of at least five (5) years actual practical working experience in the plumbing and pipe fitting industry.

2. That he is of good moral character.

3. That he passes a satisfactory examination as to his skill and ability as a Building and Construction Trades journeyman, conducted by the Examining Committee of the Building and Construction Trades Local Union or the Building and Construction Trades branch of a combination Local Union.

(b) The General Secretary-Treasurer may approve a member’s application for a change of trade classification provided the applicant member’s Local Union certifies that the member applying for the trade classification change is qualified in the new trade classification, or the applicant member has passed a satisfactory examination as to his skill and ability as a Building and Construction Trades journeyman in the changed trade classification. Straight line Local Unions can certify as to qualification for trade classification change in their trade only.

Apprentices in Building and Construction Trades and Combination Local Unions

An apprentice, before he can be admitted as an apprentice in the Building and Construction Trades Local Union or in a combination Local Union (Building and Construction Trades branch), must agree to the following:

(a) No journeyman member will be permitted to work with an apprentice or helper who is not a member, except apprentices who have made an application for membership in the Local Union and

the United Association and who are covered by a written apprenticeship agreement and are serving a probationary period of one (1) year in a training program under the administration of an apprenticeship committee, or if he is a helper, he is working under the grace period of a union security clause.

(b) Apprentices shall serve a term of five (5) years in the trade, which shall consist of reasonably continuous employment during such term and include the probationary period and the required hours of supplemental related instruction. Credit for previous experience, granted by the apprenticeship committee, shall be included as part of the five (5) year term.

(c) Contractors or employers who employ one or more journeymen steadily will be permitted to employ an apprentice. The number of additional apprentices and the ratio of apprentices to journeymen shall be governed by local agreement so long as consistent with policies of the United Association.

(a) Cancellation of an apprentice’s agreement, for a just cause, after notice and hearing by the apprenticeship committee, shall automatically cancel his membership in the United Association and the Local Union. The committee shall notify the Financial Secretary of the Local Union of all such cancellations and the Financial Secretary shall notify the General Secretary-Treasurer of the United Association.

(b) There shall be no appeal to the United Association by an apprentice on cancellation of his membership.

(a) Apprentice members of the United Association successfully completing their five (5) year apprenticeship training, upon a certification from the Joint Apprenticeship Committee that the apprentice has successfully completed the apprentice program, shall be entered on the Local Union’s membership roll as a journeyman in the trade classification in which he served his apprenticeship. The General Secretary-Treasurer is to be notified of this action.

(b) Apprentices admitted to membership in Local Unions of journeymen shall be entitled to all of the monetary benefits of the United Association and, as learners, they will be entitled to attend meetings of such Local Unions but without voice or vote except where this is necessary to comply with federal, state and/or provincial laws.

Every applicant for membership must completely fill out an application on forms furnished by the General Secretary-Treasurer which shall be filed in the General Office of the United Association.

Each applicant for membership in a Building and Construction Trades Local Union or a Building and Construction Trades branch of a combination Local Union must submit (or have submitted) an affidavit or affidavits from a recognized employer or employers vouching for the applicant’s ability to adequately perform the work of his trade and also vouching for his character. These affidavits must cover a minimum of five (5) years actual practical working experience in the pipe fitting trades. These affidavits will be furnished to the applicant by the Local Union on forms supplied by the General Secretary-Treasurer.

Anyone who shall certify to any false statement or fact, or falsely answer on any of the official forms of application for membership, or file false and fraudulent affidavits, or otherwise by any false pretense, misrepresentation, or fraud attempt to secure, or does secure, acceptance as a member of the United Association or any chartered or affiliated Local Union, shall immediately forfeit all further right to consideration as an applicant, and shall immediately forfeit membership by immediate cancellation if membership has already been acquired or established in the manner specified herein, upon evidence of such false pretense, misrepresentation, or fraud being presented to the General Officers.

(a) All applicants who have qualified and whose applications have been accepted shall be notified by the Local Union. The applicant shall be given at least ten (10) days notice before the date of initiation and obligation and at the same time he shall be furnished with a copy of the Constitution and By- Laws and Ritual of the United Association, with instructions to read them and familiarize himself with all provisions, requirements and obligations contained therein before the pledge or oath of obligation is administered to him as a member.

(b) As an alternative to the taking of the pledge and oath of obligation at a Local Union meeting, a qualified applicant may sign a written pledge and oath of obligation at the time he submits his application, or any time before he is admitted as a member. The General Secretary-Treasurer is authorized to prepare such a written pledge and oath of obligation which may be a simplification of the pledge set forth in Sec. 153.

Each applicant before becoming a member shall take the following pledge or oath of obligation:

I, (state name)___________________, in the presence of this Local Union, do truly promise and pledge my word of honor that I am familiar with the provisions and requirements of the Constitution and By-Laws of the United Association and that I will not perform any act in any way prejudicial to the best interest of the United Association, but will at all times endeavor to promote its prosperity and usefulness. I hereby agree to remain loyal and true to the principles and policies and to be governed by the Constitution and By-Laws and Ritual of the United Association and the Local Union in any and all matters now or that may hereafter be included therein. I further pledge that I will faithfully attend all meetings of the Local Union unless prevented by sickness or other causes beyond my control. I will at all times assist members of the United Association to the extent of my ability, defend them when unjustly treated or slandered, and cultivate for each and every member the warmest friendship and brotherly love. I will assist unfortunate or distressed members to procure employment. I do further promise and swear that I am not a member of any organization advocating the overthrow by force and violence of the Government of the United States or of Canada. I take this obligation voluntarily, without any mental reservation, and bind myself until death under the penalty of scorn due to moral perjury and violated honor as one unworthy of trust or assistance.

(a) When all requirements of this Constitution have been complied with, including the filing of an application form, affidavits, etc., and the applicant has been initiated (taken the pledge and oath of obligation) in accordance with Sections 152(a) and 152(b), the Recording Secretary shall duly enter the name of the applicant as a member on the records of the Local Union. A membership card shall be furnished to said applicant.

(b) An applicant’s admission into membership in a Local Union and in the United Association is contingent upon and subject to the requirements that the General Secretary-Treasurer process the application, find it in order, and issue a membership card. The General Secretary-Treasurer shall have the discretionary authority to refuse to process an application and issue a membership card where an applicant is unqualified or is not a resident of the geographical area of the Local Union.

Note: The Constitutional meaning and intent of the above Sections 152(b) and 154 is that an applicant signing a written pledge and obligation shall not be a member and his pledge shall

not be effective until his application is accepted in accordance with Local Union admission to

All membership cards shall be issued by the General Secretary-Treasurer from the headquarters of the United Association and shall be numbered as determined by the General Secretary-Treasurer. When a member has joined the United Association he shall procure a membership card from the General Secretary-Treasurer, through the Local Union he has joined. A receipt for the initiation fee and dues shall be issued by the Local Union. The membership card shall be properly numbered and bear the name of the member and designate the type of Local Union to which he belongs. The member must sign his name in ink on the back of his membership card in the place designated for same, which indicates that he has read the Constitution and is willing to abide by all laws and discipline enacted by Local Unions and the United Association.

As soon as a member has paid his dues, he shall receive from the Financial Secretary one (1) stamp for each month’s dues he has paid, and the stamp or stamps then received must be properly cancelled by the Financial Secretary and posted on his membership card. Local Unions may also use indelible stamps in place of and/or with paper stamps. The Financial Secretary shall also issue a receipt for the dues paid by the member.

A member owing over three (3) months’ dues shall automatically be suspended from membership without notice of any kind. A suspended member is denied all rights and privileges and is not entitled to any monetary benefits.

(a) A suspended member becomes in good standing and his suspension is lifted by the payment of all back dues through the current month together with a $50.00 reinstatement fee. A suspended member must pay his back dues through the current month before his $50.00 reinstatement fee can be paid. Upon payment of back dues through the current month and payment of the $50.00 reinstatement fee, the member shall be entitled to attend Local Union meetings with voice and vote but must wait ninety (90) days from date of payment of the $50.00 reinstatement fee before being entitled to monetary benefits.

(b) The requirements for eligibility to vote at Local Union elections and to run for office in a Local Union are governed by Sections 121 and 124, respectively.

(c) National and Local Union assessments, disciplinary assessments and loans are payable before dues. However, no union security clause shall be enforced because of the failure to pay national and local union assessments, disciplinary assessments or loans pursuant to this provision.

Any member in arrears for dues for a period of six (6) months shall stand expelled, and must pay all money that he legally owes to the expelling Local Union and pay a new initiation fee to the Local Union in which he will be reinstated. The reinstating Local Union may also uniformly require of all such expelled members proof of area residence of two (2) years as well as proof of current qualification as required of new members before accepting such an applicant for reinitiation.

Note: The Constitutional meaning and intent of the above Section 159 is that the expelled member shall pay an initiation fee and any disciplinary assessments that have been sanctioned by the General Executive Board or recorded at the General Office, or loans that he may owe. He is exempt from all other alleged indebtedness, and the Local Unions have no Constitutional or legal right to charge the expelled member with any other indebtedness except that which is herein stated above.

SEC. 160.

A former member who was expelled under Section 159 will be reinitiated by the Local Union that expelled him if he meets all requirements set forth in Section 159, unless the General President grants the Local Union specific permission to deny reinitiation to the former member. To obtain such permission, the Local Union must present to the General President a just and reasonable basis for denial of reinitiation.

Restrictions on Members Entering Plumbing or Pipe Fitting Business

(a) Any member of the United Association who enters business legitimately for himself, or who holds a financial interest in any business directly connected with the plumbing and pipe fitting industry, and who desires to maintain his membership in the United Association in order to keep his burial expense benefits, shall not have the right to voice or vote or to take any part in the official affairs of the Union until six (6) months after the member has terminated his business or financial interest in any business directly connected with the plumbing and pipe fitting industry.

(b) Road Sprinkler Fitters Local 669 is exempted from the application of Section 161(a) of the Constitution. Other Local Unions may request exemption from Section 161(a) and, for good cause shown, the General President is authorized to grant such exemptions. A request for an exemption must be filed at least thirty (30) days prior to a Local Union’s nominations meeting.

(c) No member who holds a financial interest in any business directly connected with the plumbing and pipe fitting industry may run for or hold union office.

(a) Honorable withdrawal cards shall be issued only to members who have been in continuous good standing for at least two (2) years immediately preceding the date of request for withdrawal. This shall also include reinitiated members. Honorable withdrawal cards shall not be issued to an apprentice member of the United Association.

(b) Withdrawal cards shall only be deposited in the Local Union issuing same and shall only be accepted by the Business Manager of the Local Union or the officer or agent designated by him to accept such cards or, if there is no Business Manager, then by the Business Agent of the Local Union or the officer or agent designated by him to accept such cards.

(c) An honorable withdrawal card member shall not be entitled to receive any burial expense benefits.

(d) An honorable withdrawal card member shall not have the right to voice or vote, or to take part in the official affairs of the Union.

Any member of the United Association desiring to enter business legitimately for himself, may upon a written request explaining his intentions, resign from the United Association with the consent of the Local Union to which he is attached.

Members of the United Association may be granted an honorable withdrawal card upon entering into business, or leaving the trade, upon recommendation of their Local Union or by action of the General Executive Board, if they are entitled to same in accordance with the rules and laws of the United Association.

(a) Before the honorable withdrawal card is granted, the member shall pay $100.00 to his Local Union. An honorable withdrawal card can be renewed before the expiration of a year from the date of issuance or date of former renewal by payment of a $100.00 renewal fee. Fifty percent of the initial fee and any renewal fee shall be forwarded to the General Office by the Local Union. A withdrawal card member who has a current paid up withdrawal card may reinstate his membership by the payment of a $100.00 reinstatement fee, provided that he has not committed any act detrimental to the United Association or its Local Unions. Any member on an honorable withdrawal card who has fifty (50) years of combined active service and honorable withdrawal card status shall no longer be required to pay the $100 per year renewal fee for the honorable withdrawal card.

(b) A withdrawal card member whose withdrawal card has lapsed and who shall thereafter apply for reinstatement as a member in his Local Union shall be required to pay the initiation fee in the Local Union normally required for new members. He shall be reobligated and he shall receive the regulation initiation stamp, provided that he has not committed any act detrimental to the United Association or its Local Unions.

(c) When withdrawal cards are issued they must specify the type of membership held by the holder of the withdrawal card, whether membership was held in a Building and Construction Trades Local Union or a Metal Trades Local Union, and if membership was held in a combination Local Union then the withdrawal card must state whether the holder was affiliated in a Building and Construction Trades branch or a Metal Trades branch.

(a) Any member holding an honorable withdrawal card who has committed any act detrimental to the United Association or its Local Unions, or who violates any section of the United Association Constitution, if found guilty after notice of charges and a hearing, may be (1) reprimanded, (2) fined or assessed, or (3) his withdrawal card cancelled and the member expelled with a set assessment or raised initiation fee levied against him. Charges may be filed and processed either in the Local Union which issued the withdrawal card or the Local Union in which jurisdiction the violation occurred. A copy of the charges shall be mailed by certified mail, return receipt requested, to the last known address of the member holding the withdrawal card by the Secretary of the Local Union in which the charges were filed. A hearing shall be conducted by the Local Union Executive Board and the member shall be given notice and an opportunity to appear and state his defense. If the withdrawal card member is found guilty, the Local Union conducting the trial shall notify the Local Union which issued the withdrawal card of the action taken, and shall send the withdrawal card member a copy of the decision of the Local Union Executive Board by certified mail, return receipt requested.

(b) A withdrawal card member may appeal the Local Union Executive Board decision to the General Secretary-Treasurer within twenty (20) days from the date the Local Union mailed a copy of the Executive Board decision to his last known address. The General Secretary-Treasurer shall review the evidence and render a decision, either affirming or reversing the decision of the Local Union Executive Board. An appeal to the General Secretary-Treasurer shall not stay the decision of the Local Union Executive Board; however, if the General Secretary Treasurer reverses the Local Union Executive Board and reinstates a member’s withdrawal card, such decision shall be retroactive to the date of the cancellation by the Local Union Executive Board.

No permits shall be given or issued to anyone (by any Local Union or representative thereof) who is not a member of the United Association or who has not been accepted by the Local Union and is paying an application fee for admittance to the United Association. Upon failure to comply with this section Local Unions will be subject to discipline by the General Executive Board according to the Constitution.