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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:
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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.
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(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:
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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:
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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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