UA Constitution 2006 - 2011

 

 

TRAVEL CARDS

 

FOR BUILDING AND CONSTRUCTION TRADES JOURNEYMEN

 

 

SEC. 218.

 

(a) Obligations of traveling members and Local Unions in which travel cards are deposited:

 

1. Travel card members are brother and sister United Association members—not strangers—and must be treated as brothers and sisters by all United Association members.

 

2. Most travel card members are seeking work in areas other than their home Local Union—not through choice, but from economic necessity. As such, they generally incur double expenses providing for their families at home and expenses on the road.

 

3. Traveling members must bear their fair share of the expenses of the Local Union in whose territory they are working, but must not be charged amounts in excess of those provided for in this Constitution.

 

4. Since all United Association members may be forced at some time to travel in search of work, we must all treat our traveling brothers and sisters as we would wish to be treated when we travel—with dignity, fairness and humanity.

 

5. Traveling members must respect the lawful practices, traditions and policies of Local Unions in whose territory they seek work.

 

6. Traveling members must be productive, reliable and efficient in their work to preserve the harmonious relationship between the Local Union and the employers.

 

7. Violations of this section of the Constitution by either traveling members or Local Unions are serious and will be dealt with firmly and in accordance with the provisions herein.

 

8. Traveling members have an obligation to know their rights and duties under this Constitution.

 

9. Each individual traveling member, whose rights under this section are violated by any Local Union, must report such violation in writing to the General President of the United Association giving his name, card number, and all pertinent data within fourteen (14) days of the initial date of the violation, regardless of the fact that the same or similar violations are repeated. If the individual traveling member fails to report the violation within fourteen (14) days to the General President of the United Association then the United Association shall have no obligation or responsibility to the traveling member as a result of the violation of this section.

 

(b) There shall be a card known as a travel card issued by the Business Manager (or officer designated by him) of the Local Union only to Building Trades journeymen members fulfilling the conditions prescribed by sub-section (c) of this section, who desire to travel from one Local Union to another in search of employment. Permanent travel cards shall be furnished to the Local Unions by the General Office for any good standing Building Trades journeymen members desiring to travel and shall be in such form as the General President with approval of the General Executive Board, shall from time to time prescribe or modify. Any Building Trades journeyman member shall obtain a travel card only from the Local Union in which he holds membership. It shall be deposited in a Local Union in which a member seeks employment. On leaving the jurisdiction of a Local Union in which his travel card is deposited, a member may in accordance with sub-section (j) request that Local Union to mail his travel card to him at the address indicated by him, and the Local Union shall comply with such request promptly. Upon initial issuance by his home Local Union, each travel card shall be signed by the member who receives it in the presence of the officer issuing the same unless a waiver of this requirement is granted by the General Executive Board.

 

(c) A travel card shall be issued to a Building Trades journeyman desiring same, if he meets the following

conditions:

 

1. He must be in good financial standing with all legal and valid financial obligations paid through the current month. The travel card shall be valid only when all legal and valid financial obligations are paid to the home Local Union through the current month as evidenced by a member’s membership card.

 

2. He must have held membership in the United Association for at least one (1) calendar year just prior to the issuance of the card. However, upon the approval of the International Representative, a travel card may be issued to a member who has less than one (1) calendar year of membership.

 

(d) A Building Trades journeyman member desiring to deposit a travel card in a Local Union shall present

it together with his membership card, to the Local Union Business Manager, or his designated representative. Such officer or agent shall accept any travel card properly presented by a Building Trades journeyman member. Upon such member depositing the travel card, he may be required to sign his name in the presence of the Local Union officer or agent receiving it for identification purposes.

 

(e) Should any question arise as to the legality or validity of the issuance or acceptance of the travel card, the officer or agent of the Local Union issuing or accepting the travel card shall give immediate notice to the General President, who shall take appropriate action to adjust or decide the question so raised. The decision of the General President shall be final and binding, and there shall be no appeal from the decision of the General President to the General Executive Board.

 

(f) When a member deposits his travel card in a sister Local Union, he shall continue to pay all his regular financial obligations to the Local Union in which he holds membership, and shall retain all rights and privileges of membership in his home Local Union. Violation of this sub-section shall be deemed just cause for a Local Union to refuse to accept further travel card monies from the traveling member. The travel card shall not be returned to the member until proof is received that all financial obligations to the home Local Union are paid through the current month. The above remedies shall be in addition to any legal rights the Local Union may have under a union security clause of its collective bargaining agreement for failure of the traveler to pay his home Local Union financial obligations or travel card monies.

 

(g) A local union in which a traveling member is working shall receive from the traveling member travel card dues not to exceed $18 per week or if the local union has a check-off provision for the collection of monies in its collective bargaining agreement, the amount uniformly collected by check-off not to exceed three percent (3%) of gross wages. [Check-off of cents per hour shall be converted to percentages.] Travel card dues shall be collected only for weeks in which the member actually works. The monies collected from the traveling member shall be used by the local union in which his travel card is deposited to help defray the administrative and collective bargaining expenses of the Local Union as well as the other expenses for which a Local Union member’s payments are utilized. If travel card dues are paid directly to the Local Union rather than by check-off, it shall be paid weekly or monthly as determined by each Local Union and the member must be given a receipt at the time of payment.

 

In the event a Local Union has a check-off greater than three percent (3%) of gross wages it may, upon a showing of good cause, request that the higher rate apply to traveling members also. Such requests shall be made to a three-member Travel Card Committee appointed by the General President. Additionally, this Committee shall be available to consider requests from Local Unions regarding any other provisions of Section 218 and to grant exceptions or waivers to any of its provisions when the Committee deems it appropriate. The Committee’s decisions shall be final and binding with no appeal. The members of the Committee shall serve at the discretion of the General President.

 

If the amount withheld from a traveling member’s wages and paid to the Local Union is in excess of the amount provided for herein, the excess shall automatically be refunded to the traveling member by a refund check made payable to the traveling member and forwarded to the traveling member’s home Local Union. The refund shall be made in accordance with the rules promulgated by the General Officers of the United Association. Said rules may be modified from time to time by the General Officers when they deem it necessary.

 

Note: The Constitutional meaning and intent of Section (g) does not apply to Canada. Canada is exempt from Section (g). Please refer to Section (t).

 

(h) A traveling member shall not be entitled to voice or vote in the Local Union in which his travel card is deposited, but shall enjoy the privilege of attending the meetings of the Local Union upon presentation of his membership card properly stamped.

 

(i) The traveling member shall abide by all working rules and regulations, or by-laws relating to working rules and regulations, and collective bargaining agreements in effect in the Local Union in which his travel card is deposited. A traveling member violating this sub-section shall, after notice and hearing, be fined not more than $500.00 by the Local Union in which his travel card is deposited.

 

A traveling member who fails to pay all travel card monies owed a local union, shall, after notice and a hearing, be fined by the Local Union in which his travel card is deposited not more than double the amount owed.

 

A traveling member shall be required to make payments to the Local Union in which his travel card is deposited only as set forth in this Section 218 and for such fines as may be lawfully levied.

 

(j) A Building Trades journeyman member who had deposited his travel card in a Local Union, and who desires to travel to another Local Union in search of employment, or to return to his home Local Union, must request return of his travel card from the Local Union Business Manager, or his designated representative. The travel card member may authorize the Business Manager, or his designated representative, to mail his travel card to him as provided in subsection (b).

 

(k) Upon payment of all amounts owing to such Local Union, and upon payment of any fines lawfully levied by such Local Union, and all financial obligations due to his home Local Union, such authorized officer or representative shall release the travel card to the traveling member.

 

(l) Notwithstanding any other provision of this section, a Local Union may refuse to accept a travel card during a strike or lockout involving such Local Union, or if such card has been altered or defaced. Notwithstanding any other provision of this section, Local Unions which have an established custom or practice or mutual agreement permitting members of their respective Local Unions to work in each other’s territory without the necessity of the issuance and depositing of travel cards and without the payment of any fees, may continue such custom, practice or agreement. The General President may direct said Local Unions to abide by and carry out said established custom or practice, or mutual agreement to permit the members to work in each other’s respective jurisdiction without the issuance or depositing of a travel card and without the payment of any fees.

 

(m) A travel card shall be accepted under the provisions of this section for one (1) Building Trades journeyman member for each branch of the craft, that is, one (1) plumber, one (1) steam fitter or pipe fitter, one (1) lead burner, and one (1) sprinklerfitter sent from one (1) Local Union to perform or install work in the jurisdiction of another Local Union for a contractor in agreement with the home Local Union ordinarily engaged in work elsewhere. Such journeymen although performing supervisory work, may also work with the tools, and shall not, in any event, be subject to an examination.

 

(n) A member who performs any work for any Employer contrary to Section 194 of this Constitution within the jurisdiction of a Local Union other than his home Local Union, whether he deposits his travel card or not, shall, after notice and hearing, be fined not more than $1,000.00 by the Local Union in which the violation occurs as a travel card violation.

 

(o) A traveling member of the United Association leaving the jurisdiction of a Local Union in which his travel card is deposited without reporting to the Business Manager or his designated representative, and without having his travel card released to him, shall, after notice and hearing by the Local Union in which his travel card is deposited, be fined a sum not to exceed $500.00.

 

(p) Any member found to have issued or obtained or received a travel card illegally or fraudulently in violation of this section shall, after notice and hearing, be fined a sum not to exceed $500.00.

 

(q) A Local Union or any officer, or designated representative refusing to accept a travel card or permitting, in violation of this section, a member of the United Association to work or be employed in the jurisdiction of the Local Union without requiring the member to deposit a travel card or violating this Section in any other way shall be disciplined under Section 202 of this Constitution.

 

(r) Whenever the United Association assumes jurisdiction over a construction project or job site, the United Association may honor and accept travel cards that are issued by Local Unions in conformity with the Constitution, and the United Association may collect travel card monies as provided by this Constitution. The United Association may also return travel cards to the members in accordance with the requirements of this Constitution, and may direct that travel card monies be paid to a Local Union which is assisting the United Association in administering the project or job site.

 

(s) Any officer or member of a Local Union who is authorized to accept a travel card and who refuses to accept a travel card in violation of the laws of the United Association or who attaches or levies other conditions on a travel card member in violation of the laws of the United Association, after notice and trial under Section 202 of this Constitution shall be fined, suspended or expelled by the General Executive Board.

 

(t) The General Executive Board is authorized to develop and promulgate separate travel card rules for the Local Unions located in the Dominion of Canada after consultation with the Director of Canadian Affairs and the Canadian Advisory Committee.

 

Transfer Cards for Building and Construction Trades Journeymen and Metal Trades Journeymen

 

SEC. 219.

 

(a) There shall be a card known as a transfer card issued to journeymen members of the United Association. When transfer cards are issued, they must specify the type of membership, whether Building and Construction Trades, Metal Trades, or combination Local Union, and if a combination Local Union, the transfer card shall state in what branch the member was affiliated, whether Building and Construction Trades or Metal Trades, and state the date of initiation and/or reinstatement, and by which Local Union. A journeyman member shall be entitled to deposit his transfer card only in a Local Union having trade jurisdiction over the craft in which he is qualified. A transfer card issued:

 

1. to a journeyman holding membership in a Building and Construction Trades Local Union can be deposited in a Building and Construction Trades Local Union, Metal Trades Local Union, or a combination Local Union.

 

2. to a journeyman member of a combination Local Union affiliated with a Building and Construction Trades branch of a combination Local Union may be deposited by a journeyman member in a Building and Construction Trades Local Union, or in a Metal Trades Local Union, or in a combination Local Union.

 

3. to a journeyman member of a Metal Trades Local Union or a Metal Trades journeyman member of a combination Local Union can only be deposited in a sister Metal Trades Local Union or in the Metal Trades branch of a combination Local Union, and cannot be deposited in a Building and Construction Trades Local Union.

 

(b) Transfer cards shall be in such form as the General President shall prescribe and shall be furnished by the General Office. Transfer cards shall be issued by the Financial Secretary of the Local Union only to journeymen members who have satisfied the requirements of Section 219(d).

 

(c) A journeyman member requesting a transfer card must file a signed statement with the Local Union satisfactorily showing that he is permanently changing and moving his domicile and residence to the territorial jurisdiction or area of the Local Union to which he desires to transfer his membership.

 

(d) No transfer card shall be issued to a journeyman member unless he has had a valid travel card on file in the Local Union to which he wishes to transfer for at least three (3) years prior to his application for the transfer card.

 

(e) No transfer card shall be issued to a journeyman member unless he has paid up-to-date all legal and valid financial obligations to his Local Union, and unless no charges are pending against him for violating the laws and rules of the United Association or of an affiliated Local Union.

 

(f) With the issuance of a transfer card the home Local Union shall mail the signed statement of the journeyman member to the Business Manager or Business Agent of the Local Union to which he is permanently changing or moving his domicile and residence. A transfer card shall remain valid no longer than thirty (30) days from the date of issuance, as shown on the card, or until deposited, whichever is earlier.

 

Note: “Home Local Union” means the Local Union to which you are paying your regular monthly dues.

 

(g) Within thirty (30) days from the date a transfer card is issued, the member holding such card shall deposit it in the Local Union where he is transferring or return the card to the Local Union issuing the same. The Local Union Business Manager, or the officer or agent designated by him, or if there is no Business Manager, the Local Union Business Agent, or the officer or agent designated by him, must accept any transfer card properly presented by a journeyman member of the United Association issued in accordance with this Constitution, unless there is a strike or a lockout in the locality. Upon the member depositing the transfer card, he shall be required to sign his name in the presence of the Local Union officer or agent receiving it for identification purposes. Promptly at the end of each month, the Financial Secretary of the Local Union shall forward to the General Office all transfer cards which have been accepted by the Local Union within the month.

 

(h) The Local Union shall accept the transfer card properly presented for deposit which was issued in accordance with this Constitution and make an investigation of the facts set forth in the signed statement of the journeyman member that he has permanently changed and moved his domicile and residence to the territorial jurisdiction or area of the Local Union.

 

(i) Within thirty (30) days after the transfer card has been deposited, if a question arises as to the legality or validity of accepting the transfer card or the issuance of the transfer card, the Local Union accepting or issuing the transfer card shall file a protest with the General President who shall take appropriate action to adjust or decide the protest so made. The decision of the General President shall be final and binding, and no appeal can be made to the General Executive Board. A member holding or denied a transfer card shall have a right to protest to the General President who shall take similar action with similar finality as in the case of a Local Union protest.

 

(j) Whenever the United Association assumes supervision or control over the affairs of a Local Union, it may issue transfer cards to the members in conformity with the provisions of this section dealing with transfer cards.

 

(k) After issuance of a transfer card, a journeyman member shall remain a member of the Local Union issuing the transfer card until such time as the transfer card is deposited in the Local Union where he is permanently changing and moving his domicile and residence.

 

(l) When the transfer card is deposited and accepted by a Local Union, the journeyman member shall then be entitled to all the rights and privileges and subject to all the duties of membership in such Local Union as are conferred or imposed upon other members similarly situated in accordance with the laws of the United Association. A journeyman member depositing a transfer card in a Local Union shall be required to pay dues and assessments to such Local Union commencing with the month in which the card is deposited.

 

(m) Advance dues and assessments paid to the Local Union issuing the transfer card for any period as to which an obligation exists under this subsection to pay dues and assessments to the Local Union in which the transfer card is deposited, less any per capita or assessments already paid to the United Association, shall, upon request, be remitted to the Local Union in which such card is deposited, and credited toward the obligations of the member in the Local Union to which he has transferred.

 

(n) A Local Union acting through its officers or agents, refusing to accept a transfer card in violation of the laws of the United Association shall, in addition to the penalties imposed, and in accordance with the procedures provided by Sections 90 and 93, be penalized $100.00 for each day after such transfer card is properly presented to the Local Union for deposit until such card is accepted, each such day constituting a separate offense.

 

(o) Any officer or member of a Local Union who is authorized to accept transfer cards, and who refuses to accept a transfer card in violation of the laws of the United Association, shall, after notice and trial, be fined, suspended or expelled by the General Executive Board.

 

(p) No Local Union Financial Secretary shall be eligible to sign or issue a transfer card to himself, but such card shall be issued only by the President of his Local Union on the same terms and conditions as govern other transfer cards under this section. No officer or agent of a Local Union who receives, deals with or handles money or finances of the Local Union shall be issued a transfer card unless the books and finances of the Local Union shall have first been audited by the Finance Committee or a Certified Public Accountant. Any transfer card so issued without such pre-audit and a reasonable opportunity for appropriate action on the basis thereof, shall be void and of no effect.

 

(q) Any member found to have obtained or received, or to have issued a transfer card illegally or fraudulently, in violation of this section, shall, after notice and hearing, be fined a sum not to exceed $250.00, together with cancellation of the transfer card.

 

(r) Whenever the General President determines that a Local Union has a serious unemployment problem or a Local Union has an abnormally excessive amount of work in its territorial jurisdiction, the General President shall have the discretionary authority to suspend the transfer card provisions for a Local Union and thereby authorize a Local Union to refuse to accept transfer cards. In making a determination to suspend Section 219 for a Local Union, the General President shall have the discretionary authority to prescribe the duration of the suspension of Section 219. All decisions made by the General President relative to this section shall be subject to approval of the General Executive Board.

 

Additional Travel and Transfer Regulations

 

SEC. 220.

 

(a) The General President with the consent and approval of the General Executive Board shall be empowered to make such reasonable rules and regulations not inconsistent with the provisions of Sections 218 and 219 as may be necessary to carry out and effectuate the purpose and intent of such sections.

 

(b) The General President shall be empowered to prescribe reasonable rules and regulations regarding the issuance of transfer or travel cards for Building Trades apprentice members.

 

 

 

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