UA Constitution 2006 - 2011

 

 

STRIKE AND LOCKOUT BENEFITS

 

 

Applications

 

SEC. 174.

 

(a) Strike or lockout benefits are not a matter of right, but may be paid to members of a Local Union at the discretion of the General Executive Board. In exercising its discretionary authority regarding strike benefits the General Executive Board will not approve strike benefits unless a Local Union files an application for approval and authorization to strike and complies fully with the requirements of this section. Lockout benefits will not be approved unless a Local Union files a lockout application and complies fully with the requirements of this section.

 

(b) Local Unions making application to strike shall, if for an increase, state the wages paid and how much is demanded; if against a reduction, the wages paid and how much the reduction will amount to. They shall report to the General Secretary-Treasurer the length of time organized, the number of members in the Local Union when the application was made, and the number of members employed and unemployed.

 

(c) Local Unions making application for lockout benefits shall file their application with the General Secretary-Treasurer. It shall set forth a complete statement of the causes and circumstances surrounding the lockout and the number of employees affected.

 

(d) All applications for strike or lockout shall be read at a regular or special meeting of the Local Union making application, and the Local Union shall report the number of members voting in the affirmative and negative on all questions of strike, which vote must be taken by secret ballot. Sections 175 and 178 of this Constitution must be strictly observed or the strike shall be declared not legal.

 

SEC. 175. No member of the Local Union wishing to go on strike will be allowed to vote upon application to strike unless he has been a member of said Local Union for six (6) months previous to said application being voted upon.

 

SEC. 176. A Local Union making false statements in its application shall be subject to discipline, including fines.

 

SEC. 177. All strike and lockout applications shall be referred to the International Representative in the district, who shall be required to make a thorough investigation and report to the General Executive Board for their approval or disapproval. They, in conjunction with the General Secretary-Treasurer, shall carefully consider such applications with regard to chances of success in the proposed strike or lockout, justice of demands, and finances liable to be involved. The decision of the General Executive Board shall be final and binding.

 

SEC. 178.

 

(a) Every difficulty shall be referred at once by the General Secretary-Treasurer to the General Executive Board for recommendation except for the immediate adjustment of any Local Union trouble. Any Local Union may declare a strike, not to exceed 10 percent of its membership, provided the strike is in the interest of the United Association. The expense of said strike, if any, shall be borne by said Local Union until such time as the General Executive Board shall take favorable action.

 

(b) No strike or lockout shall be considered legally qualified for the payment of strike or lockout benefits unless approved by a two-thirds majority vote of all members of the Metal Trades branch of the Local Union when the strike involves the Metal Trades branch, and a two-thirds vote of all the members of the Building and Construction Trades branch of the Local Union when the strike involves Building and Construction Trades members. Voting shall be by secret ballot. Any strike or lockout may be declared off by a majority vote of the members of the Metal Trades branch or by a majority vote of the members of the Building and Construction Trades branch.

 

Note: The Constitutional meaning and intent of the above Sections 174 and 178 pertaining to secret ballot is that absentee ballots are not permissible in any Local Union strike vote.

 

SEC. 179.

 

The General Executive Board shall comply with Section 177 of the Constitution before deciding on any strike or lockout application that may be made to the General Secretary-Treasurer. The Local Union involved shall be notified as soon as possible whether the application has been approved or disapproved. In the event of disapproval such Local Union shall in no manner be entitled to any strike or lockout benefits.

 

SEC. 180. It shall require a majority vote of the General Executive Board to approve any strike application.

 

SEC. 181. A Local Union whose application to strike was not approved shall have no right to make a second application pertaining to the same case for a period of three (3) months dating from the rejection of the first application, and no member or Local Union shall be considered on strike unless said strike shall have been approved by the proper authorities in accordance with the Constitution and By-Laws of the United Association.

 

Benefits

 

SEC. 182.

 

(a) When the General Executive Board has exercised its discretionary authority and approved the payment of strike or lockout benefits the members of a Local Union on strike or locked out shall be paid benefits in the amounts and subject to the eligibility conditions of this section.

 

(b) The first week’s benefit shall be payable at and after the expiration of fourteen (14) days.

 

(c) Seven (7) days shall constitute a week regardless of the day of the week the trouble starts.

 

(d) The assistance shall be as follows: $100.00 per week for twenty (20) weeks, after the first week; but no strike benefit shall be paid for the first week, or fraction of any week.

 

(e) In the event that a striker secures work, and is discharged within fourteen (14) days, he shall be entitled to his further benefit. Should he, however, lose his employment after the above specified time, he shall not be entitled to any further strike benefit.

 

(f) No member of the United Association shall be entitled to any strike benefit unless he is a member in good standing for at least three (3) months prior to the strike.

 

(g) The General Secretary-Treasurer shall furnish the Local Union with strike and lockout application blanks.

 

(h) No benefits shall be paid because of sympathetic strikes or lockouts in the interest of other trades.

 

(i) No strike benefits shall be paid to any members while they are actually employed and earning wages.

 

Note: The Constitutional meaning and intent of Section 182 regarding the fourteen (14) days is that it refers to two-calendar weeks of fourteen (14) days, and if a member works the full regular working days in those two-calendar weeks of fourteen (14) days, he is not entitled to any strike benefits thereafter.

 

SEC. 183.

 

When a strike or lockout is not ended or settled within the benefit period as named above, further financial aid may be granted to the Local Union or Local Unions involved if in the judgment of the General Executive Board such financial aid would be of benefit in bringing about the satisfactory settlement of the strike or lockout. The financial aid may be an extension of the weekly benefit to the members on strike or may be in the form of a certain amount of money, this to be decided by the General Executive Board as to which form the financial aid may take. Such further financial aid will be under the direct supervision of the International Representative in the district.

 

Strike Reports

 

SEC. 184.

 

The Secretary of any Local Union on strike shall furnish the General Secretary-Treasurer weekly a complete report of the strike, signed by the President and full strike committee, itemizing expenditures and reporting such other facts as may be provided for on blanks furnished by the General Secretary-Treasurer. For noncompliance with this section after due notification, further aid shall be discontinued at the discretion of the General Secretary-Treasurer.

 

SEC. 185.

 

When strike or lockout benefits are to be paid, the General Secretary-Treasurer shall furnish the Local Union a duplicate book and the Local Union Treasurer will receipt for all monies and pay out the same. He will send the original sheet containing his disbursements to the General Office and keep the duplicate in his possession. The strike committee will not handle the strike benefits.

 

Note: The provisions of Sections 174 through 185 are only applicable when a local union is applying for strike or lockout benefits or receiving such benefits.

 

Travel or Transfer During Strikes

 

SEC. 186.

 

A Local Union on strike or lockout shall have power to reject all travel or transfer cards.

 

No Suspension During Strikes

 

SEC. 187.

 

No member of the United Association can be suspended during strike or lockout, but on going back to work he shall pay 15 percent of his wages until all dues and assessments have been paid.

 

Sympathetic Strike Within the Association

 

SEC. 188.

 

When the approval of the General Executive Board is obtained for a strike in any particular shop or job, it shall signify that the employer has become unfair throughout the entire jurisdiction of the United Association, and all members are debarred from working for such employer, either directly or indirectly, until the matter in dispute has been adjusted. Any Local Union allowing its members to work for such employer shall, after due notice, be suspended by the General Executive Board, and shall not be reinstated until the Constitution has been complied with.

 

 

 

 

 

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