UA Constitution 2006 - 2011

 

 

CHARTERS

 

Local Unions

 

SEC. 79.

 

The United Association shall issue charters to three (3) classes of Local Unions: Building and Construction Trades Local Unions, Metal Trades Local Unions, and combination Local Unions.

 

Building and Construction Trades Local Unions

 

SEC. 80.

 

Membership in a Building and Construction Trades Local Union shall be composed of journeymen and apprentices qualified and eligible to work under the jurisdiction of the Building and Construction Trades Department of the AFL-CIO.

 

Combination Local Unions

 

SEC. 81.

 

Membership of a combination Local Union shall consist of qualified journeymen and apprentices eligible for membership in the jurisdiction of a Building and Construction Trades Local Union, and journeymen, apprentices and production workers eligible for membership in a Metal Trades Local Union.

 

Applications for Charters

 

SEC. 82.

 

Charters shall not be issued for a Building and Construction Trades Local Union or for a Metal Trades Local Union or a combination Local Union, in any city or town, unless there are at least eight (8) qualifying journeymen who make application for a charter. The application shall state the type and kind of Local Union to be chartered, and whether it shall be a Building and Construction Trades Local Union, a Metal Trades Local Union, or a combination Local Union. The names of the applicants shall be forwarded to the General Secretary-Treasurer who shall check such names from the records in the General Office and with the Local Unions in whose jurisdiction such applicants were formerly employed. The General Secretary-Treasurer shall furnish the necessary supplies without reference to the General Executive Board. The charter fee for each member shall be $3.00, with the entire amount to be sent to the General Secretary-Treasurer.

 

Charters for Separate Branches

 

SEC. 83.

 

In cities and towns where there is a combination Local Union, either branch of the combination Local Union may be granted a separate charter for its particular branch upon application of two-thirds of the membership of the entire combination Local Union who have been members of said Local Union for at least six (6) months previous to the application. The granting of such separate charter shall be subject to the approval of the General Executive Board.

 

Consolidation of Local Unions

 

SEC. 84.

 

Whenever, in the judgment of the General President, it is apparent that there is a superfluous number of Local Unions in any locality, and that a consolidation would be for the best interest of the United Association, locally or at large, he shall have the power to order Local Unions to consolidate and to enforce the consolidation of said Local Unions, or said territory in one or more Local Unions, provided such course received the sanction of the General Executive Board.

 

Refrigeration or Speculative Housing and Residential Branches

 

SEC. 85.

 

The General Officers are empowered to institute in existing Building and Construction Trades Local Unions or combination Local Unions divisions for organizing in the refrigeration or speculative housing and residential branches of the plumbing and pipe fitting industry. They are also empowered to set up any and all rules and regulations, including initiation fees and dues necessary for membership requirements. Building and Construction Trades Local Unions or combination Local Unions may set up such divisions upon application to, and approval by, the General Officers.

 

New Divisions of Membership

 

SEC. 86.

 

The General President may establish new divisions of membership for any type of worker employed on any kind of work allied to or connected in any manner with the plumbing and pipe fitting industry, and workers in any other industries not allied or connected with the plumbing and pipe fitting industry, in order to protect the bargaining rights of workers who are allied to or connected with the plumbing and pipe fitting industry.

 

District Councils

 

SEC. 87.

 

(a) Whenever in any city, town, or locality, two or more Local Unions of the United Association are now or may hereafter be established, it shall be compulsory and mandatory on said Local Unions to establish and set up a District Council, chartered by and under the supervision of the General Officers. The functions of the District Council shall be to coordinate the efforts of all affiliated Local Unions to

 

    (1) secure beneficial legislation for the plumbing and pipe fitting industry;

    (2) to secure coordinated efforts in organizational activities;

    (3) to secure mutual aid and assistance in trade or labor disputes; and

    (4) to secure uniform wages, hours and working conditions in the plumbing and pipe fitting industry.

 

(b) The District Council shall be composed of various delegates, elected by secret ballot, of affiliated Unions for a term of at least two (2) years or more.

 

(c) The officers of the District Council shall be elected by secret ballot. A nomination meeting shall be held at least twenty-five (25) days prior to the election. At least ten (10) days prior to the nomination meeting notice shall be mailed to the last known address of the delegates of the Local Unions of

  

(1) the date and place of the nomination meeting and the offices for which candidates are to be nominated at the meeting, and

    (2) the date, time and place of the secret ballot election of officers.

 

(d) The District Council may elect as regular authorized officers a Business Manager, corresponding Recording Secretary, a Financial Secretary- Treasurer, and such other officers as may be required. The financial officer must forward a financial report to all affiliated Local Unions quarterly.

 

(e) The District Council has the right to levy regular monthly assessments or temporary ones upon affiliated Local Unions for the purpose of defraying necessary expenses.

 

State Associations and Provincial Associations

 

SEC. 88.

 

Each state and/or province, if a majority of the Local Unions who compose it desire, may form a State or Provincial Association, charter for same to be granted by the United Association. Where such State or Provincial Association exists it will be mandatory upon all Local Unions in that State or Province to affiliate.

 

SEC. 89.

 

State Associations, Provincial Associations, and District Councils may have special seals for their secretaries and such stationery as they may require for the proper conduct of their office. They shall also have the power to create by special per capita such funds as in their judgment seem wise, such funds to be used for the protection and promotion of the plumbing and pipe fitting industry in their respective jurisdictions.

 

Suspension of Local Unions

 

SEC. 90.

 

(a) The General President or his authorized representative shall have the power to suspend any Local Union, District Council, or State or Provincial Association of the United Association for violation of the laws and Constitution of the United Association or for any acts detrimental to the interests of the labor movement and the United Association.

 

(b) The General President or his authorized representative shall cause to be served upon a Local Union a copy of the charges in writing together with a notice of the date, time and place of the hearing. Service of such written charges and notice of hearing must be made at least five (5) days before the hearing date. Service of the written charges and notice of hearing shall be made by either serving personally the Recording Secretary of the Local Union, or any duly elected officer thereof, or by serving by certified mail a copy of the charges upon the Recording Secretary.

 

(c) Any Local Union, District Council, or State or Provincial Association suspended by the General President or his authorized representative shall remain suspended until such affiliated body reports in writing that it has complied with the order of the General President or his authorized representative. The report of the Local Union, District Council, or State or Provincial Association must be approved by the General President and confirmed by the General Executive Board.

 

(d) Suspended Local Unions shall not receive supplies, benefits, reports or the password from the General Office until the order of suspension has been complied with. Any Local Union suspended by the General President or his authorized representative shall lose for the period of its suspension, all monetary and membership privileges in the United Association, including District Pipe Trades Councils, and State or Provincial Associations of the United Association. All central labor bodies, state federations, and local Building Trades Councils shall be notified to exclude such delegates.

 

SEC. 91.

 

The General President in exercising his powers under Section 90 may appoint from the membership of the United Association a hearing officer or officers to hear the charges preferred against any Local Union, District Council, or State or Provincial Association. The hearing officer or officers shall make a report, including findings and recommendations to the General President, who shall then issue his order based on the entire record.

 

Trusteeship

 

SEC. 92.

 

(a) If the General President has or receives information which leads him to believe that any of the officers of a Local Union or other affiliated body are dishonest or incompetent, or that such organizations are not being conducted in accordance with the Constitution and laws of the United Association for the benefit of its members, or are being conducted in such a manner as to jeopardize the interests of the United Association or its affiliated bodies, (or if the General President believes that such action is necessary for the purpose of correcting corruption or financial malpractice, assuring the performance of collective bargaining agreements or other duties of a bargaining representative, restoring democratic procedures or otherwise carrying out legitimate objectives of such affiliated body), the General President may, after filing of charges or causing charges to be filed, appoint a trustee to take charge of and control the affairs of such Local Union or other affiliated body including, but not limited to, removal of any or all officers, appointment of temporary officers and control of all funds and property of the Local Union or other affiliated body. Before the appointment of such trustee, the General President shall set a time and place for the hearing of charges before a hearing officer appointed for the purpose of determining whether such trustee shall be appointed; and further provided where, in the judgment of the General President, an emergency situation exists within the Local Union or other affiliated body, the trustee may be appointed prior to such hearing but such hearing shall then commence within twenty (20) days and a decision shall be made by the General President within sixty (60) days after the appointment of the trustee. In no event shall the person filing the charges be appointed as trustee.

 

(b) In all cases a copy of the charges, together with a notice setting the time and place of hearing including the name of the hearing officer, shall be served on the Local Union or other affiliated body at least ten (10) days (Sundays and holidays included) previous to the trial by serving either the President or Financial Secretary or any two (2) members of the Executive Board of the Local Union or other affiliated body personally or by certified mail.

 

(c) The Hearing Officer shall make his report and recommendations to the General President within sixty (60) days after the hearing or date of receipt of the transcript, and the General President shall make his decision within ninety (90) days of receipt of the report and recommendations. Such decision shall be immediately communicated to the Local Union or other affiliated body involved. Appeals from such decision may be taken to the General Executive Board within thirty (30) days after receipt of the General President’s decision upon the record made before the Hearing Officer, provided, however, that the decision of the General President shall be effective for all purposes during the pendency of such appeal. Appeal from the General Executive Board’s decision may be taken to the convention in accordance with Section 208.

 

(d) The trustee shall make a report to the General President at least every three (3) months on the operation of the trusteeship. If the trusteeship extends one (1) year, within a reasonable time thereafter the trustee shall send to the last known address of each member of the Local Union or other affiliated body a financial report covering that year. Similar reports shall be sent to the members after each succeeding full year of the trusteeship. Either upon his own motion, or upon a petition filed by a member or members of the Local Union or other affiliated body for the restoration of self-government, the General President may in his discretion accord a hearing to be held on the petition before the General President or his representative upon proper notice. A decision shall be rendered within sixty (60) days of such hearing. No such petition shall be entertained, however, prior to six (6) months after the appointment of the trustee. If the General President determines either upon his own motion or after hearing that self-government should be restored, the trustee shall direct nomination and election of officers at such time and place as he determines, provisions of this Constitution or the Local Union or other affiliated body’s rules and bylaws to the contrary notwithstanding. If the trustee determines the election of officers has been proper, he shall so certify to the General President and return to the appropriate officers all funds, property, books and records.

 

Revocation of Charter

 

SEC. 93.

 

(a) In the event a suspended Local Union, District Council, or State or Provincial Association fails within fifteen (15) days to comply with orders of the General President or his authorized representative, the General President or his authorized representative shall have the power to revoke the charter of such Local Union, District Council, or State or Provincial Association, and the officers, representatives and members of such Local Union, District Council, or State or Provincial Association shall comply with all requirements of Section 96 of this Constitution before being relieved of responsibility and liability to the United Association.

 

(b) The revocation or forfeiture of a charter of a Local Union shall effect a termination of the membership of all the members thereof in the United Association. The General Executive Board may, in the exercise of its discretion, permit the members to be transferred without loss of continuous good standing to another Local Union in the area or to a reorganized Local Union. The General Executive Board shall have the power following a hearing to deny the right of transfer to all persons who were in any way responsible for the revocation or forfeiture of the charter, or who the General Executive Board has reason to believe are disloyal to the United Association or may cause disruption in the newly organized Local Union.

 

Forfeiture of Charter

 

SEC. 94.

 

Whenever the records at the General Office (determined by the duplicate cash sheets of official receipts filed by a chartered and affiliated Local Union) show that there are less than seven (7) members in good standing, the charter of said Local Union shall be declared suspended and forfeited, and the officers, representatives and members of said suspended Local Union shall comply with all requirements of Section 96 of this Constitution before being relieved of responsibility and liability to the United Association.

 

When Local Unions Dissolve, Lapse or Forfeit Charter—Isolated Members

 

SEC. 95.

 

(a) Whenever a Local Union from any cause, lapses or surrenders its charter leaving members in good standing who wish to retain their membership in the United Association, and no other Local Union exists near them, the Recording Secretary shall before surrendering the seal, monies and property of the Local Union make an accurate list of such members, giving the name, date of membership, card number and full post office address of each member. This list shall be signed by the President and Financial Secretary, and the seal of the Local Union shall be affixed certifying to the good standing of the various named members. The Financial Secretary shall forward the same, with the notice and date of lapsing of the Local Union or surrender of the charter, to the General Secretary-Treasurer together with the necessary amount to pay for three months per capita in advance.

 

(b) Upon receipt of any such list with the money, the General Secretary-Treasurer shall fill out a regular membership card and forward the same together with the receipt for the money to each member. Members holding regular membership cards so issued shall immediately notify the General Secretary-Treasure of any change of address, and at the expiration of each month from the date of their card shall forward to the General Secretary-Treasurer the necessary amount to pay one (1) month’s dues in advance together with the regular membership card for renewal. They shall be entitled to receive the changes in the password as long as they remain in good standing. Such members shall be bound by all of the provisions of the Constitution and pay any general assessments that may be levied.

 

(c) Members of the United Association whose membership cards are held in isolation as provided by the above subsection (a) may apply for and secure a travel or transfer card from the General Secretary- Treasurer of the United Association provided they meet all of the qualifications and requirements as set forth in this Constitution for the issuance and acceptance of a transfer or travel card by a Local Union, and sister affiliated Local Unions must honor and accept such transfer or travel cards in accordance with such requirements.

 

(d) Such members shall pay the same travel card dues as provided in said sections and shall be bound by all the provisions in the sections of the Constitution dealing with travel cards.

 

(e) Wherever the United Association assumes supervision or control over the affairs of a Local Union the General President or his designated agent shall issue or accept travel cards to or from members of Local Unions in conformity with the provisions of this Constitution dealing with travel cards.

 

SEC. 96.

 

(a) In any and all cases where a chartered and affiliated Local Union by vote of its members dissolves or withdraws from affiliation with the United Association and in any and all cases where a Local Union, District Council, or State or Provincial Association charter is forfeited, suspended, or revoked in accordance with this Constitution, the charter, seal, books, records, papers, monies, bonds or securities, and all other property of every description of said Local Union, District Council, or State or Provincial Association shall revert to and become the property of the United Association, and all of the same shall be immediately delivered to the office of the General Secretary-Treasurer of the United Association with a proper accounting of all of the financial and other affairs of the Local Union, District Council, or State or Provincial Association involved, and no officer, representative or member of said Local Union, District Council, or State or Provincial Association shall be relieved of responsibility and liability to the United Association until all of the requirements specified herein have been complied with.

 

(b) Any distribution or attempt at distribution to its members or to anyone else, except to the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, of the charter, seal, books, records, papers, monies, bonds or securities, and all other property of every description by the officers or members of said Local Union, District Council, or State or Provincial Association, either prior to, in anticipation of, or subsequent to, after action has been taken to dissolve, withdraw, suspend or revoke the Local Union, District Council, or State or Provincial Association charter, shall be illegal, and no titles to said charter, seal, books, records, papers, monies, bonds or securities, and all other property of every description shall pass thereby from the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada.

 

Restriction on Local Unions Withdrawing or Disaffiliating

 

SEC. 97.

 

No chartered and affiliated Local Union shall dissolve or withdraw from affiliation with the United Association so long as seven (7) or more members in good standing of said Local Union vote to retain their Local Union charter, and their affiliation with the United Association.

 

SEC. 98.

 

Before the members of an affiliated Local Union shall be permitted or required to vote on the question of dissolving or withdrawing from affiliation with the United Association, three months notice in writing shall be given to the General Secretary-Treasurer. No vote shall be taken on either question by the members of any affiliated Local Union except at a specially called meeting, after due notice in writing to each and every member, designating the time and place of meeting and the purpose for which the special meeting is called. The vote shall be by secret ballot.

 

SEC. 99.

 

Whenever a chartered and affiliated Local Union by secret ballot vote of its members at a specially called meeting in the manner specified in Section 98 of this Constitution decides to dissolve or withdraw from affiliation with the United Association, the officers of said Local Union shall immediately notify the General Secretary-Treasurer of the action taken, and all ballots cast together with the tally sheet on the question to dissolve or withdraw from affiliation shall be forwarded to the General Secretary-Treasurer. The officers, representatives and members of said Local Union shall comply with all requirements of Section 96 of this Constitution before being relieved of responsibility and liability to the United Association.

 

 

 

 

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