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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
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(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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