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CONSTITUTION OF THE UNITED FOOD & COMMERCIAL WORKERS INTERNATIONAL
UNION
Article
Table of Contents
Page
Preamble
1
Article 1
Name and Headquarters
1
Article 2
Objectives and Principles
1
Article 3
Jurisdiction
1
Article 4
Membership Classifications
1
Article 5
Membership Rights and Privileges
3
Article 6
Withdrawal Cards and Military Leave Courtesy Cards International
Officers
3
Article 7
International Officers
4
Article 8
International Executive Board
4
Article 9
International Executive Committee
6
Article 10
International President
8
Article 11
International Secretary-Treasurer
9
Article 12
International Executive Vice Presidents and International Vice
Presidents
10
Article 13
International Board of Audit
10
Article 14
Regular International Conventions
10
Article 15
Regular International Convention Delegates
11
Article 16
Regular International Convention Procedure
13
Article 17
Election of International Officers
13
Article 18
International Revenue
15
Article 19
International Publications
15
Article 20
Union Names, Symbols, and Marks
16
Article 21
Parliamentary Rules
16
Article 22
Death Benefits
16
Article 23
Collective Bargaining Contracts
16
Article 24
Pension and Health and Welfare Trust
18
Article 25
Duties and Obligations
18
Article 26
Disciplinary Proceedings and Appeals
19
Article 27
Pension Plan
21
Article 28
Retiree Health Plan
22
Article 29
Honorary Officers, Other Retired Officers, and Retired Employees
22
Article 30
Intermediate Chartered Bodies
23
Article 31
Local Union Charters
23
Article 32
Local Union Duties and Powers
24
Article 33
Local Union Membership Meetings
25
Article 34
Local Union Officers
25
Article 35
Local Union Elections
26
Article 36
Local Union Board of Trustees
28
Article 37
Local Union Funds
29
Article 38
Local Union Revenue
29
Article 39
Constitutional Amendments
30
Article 40
Repeal
30
Article 32(A) of the UFCW International Constitution: if any conflict
should arise between Local Union bylaws and the Constitution and laws
of the International Union, or interpretations of either, such
Constitution, laws, or interpretations shall control.
PREAMBLE
Because the history of workers has been but the record of constant
struggle against oppression by the wealthy and powerful,
And because wealth, with its accompanying power, is becoming more and
more concentrated in the hands of the few;
And because the organization of workers into trade unions is essential
to the economic, social, and political freedom of society and to the
successful functioning of a democracy;
And because in union there is strength and workers are better able
collectively to secure their fair share of the profits accruing from
their toil;
This International Union is created in order to elevate the social and
economic status of workers and, further, to advance the principles and
practice of freedom and democracy for all.
ARTICLE 1
Name and Headquarters
(A) This International Union shall be known as the United Food and
Commercial Workers International Union and shall be comprised of all
persons who are members and consist of an unlimited number of Local
Unions and other chartered bodies, all of which shall bear the name
United Food and Commercial Workers or Travailleurs et Travailleuses
Unis de l'Alimentation et du Commerce and shall be subject to this
Constitution and any laws enacted pursuant to it. The International
Union shall not be dissolved while there are three dissenting Local
Unions.
(B) The International Headquarters of the United Food and Commercial
Workers International Union shall be located in the metropolitan
Washington, D.C. area unless otherwise determined by the International
Executive Board.
ARTICLE 2
Objectives and Principles
The object of this International Union shall be the elevation of the
position of its members and further: to conduct an International Union
of persons engaged in the performance of work within its
jurisdictions; to organize, establish, and charter bodies in all
states, provinces, and territories of North America; to organize,
unite, and assist persons, without regard to race, creed, color, sex,
religion, age, disability, sexual orientation, or national origin,
engaged in the performance of work within its jurisdiction for the
purpose of improving wages, hours, benefits, and working conditions on
local, national, or international levels; to obtain the status of
exclusive bargaining representative of persons employed within the
jurisdiction of the International Union and to process and resolve
grievances and enforce all other rights arising out of such collective
bargaining relationships; to encourage members and all workers to
register and vote; to support research in our industries for the
benefit of its members; to advance and safeguard the full employment,
economic security, and social welfare of its members and of workers
generally; to protect and extend democratic institutions, civil rights
and liberties, and the traditions of social and economic justice of
the United States and Canada; to function as an autonomous
International Union affiliated with other International Unions in
national and international federations; to print and disseminate
publications; to protect and preserve the International Union as an
institution and to perform its legal and contractual obligations; to
protect the International Union and all of its chartered bodies from
any and all corrupt influences and from the undermining efforts of all
who are opposed to the basic principles of democracy and democratic
unionism; to acquire, receive, hold, manage, lease, convey, invest,
expend, or otherwise use the funds and property of this organization
to carry out the duties and to achieve the objectives set forth in
this International Constitution; to take all steps and actions, which
are reasonable and proper, to promote the welfare and interests of its
members, of workers within its jurisdiction, and of workers generally
and to afford mutual protection to members against unwarranted rules,
unlawful discharge, or other forms of injustice or oppression; to
sponsor, encourage, engage in, and support, financially and otherwise,
educational, legislative, political, civic, social, health, welfare,
community, or charitable projects or activities; and to support and
encourage such other objectives for which working people may lawfully
combine for their mutual protection and benefit.
ARTICLE 3
Jurisdiction
The jurisdiction of the United Food and Commercial Workers
International Union shall encompass but shall not be restricted to:
(A) Employees and other persons, including professionals, managers,
supervisors, administrators, salespersons, distributors, and ancillary
personnel, in both the private and public sectors, performing work or
services in connection with or related to the sale, distribution,
provision, processing, handling, or production of goods, commodities,
merchandise, or services;
(B) Anyone performing any work or services within the jurisdiction of
any union or other organization which was a predecessor of the United
Food and Commercial Workers International Union, has merged with the
International Union or any of its chartered bodies, or has been
chartered by the International Union; and
(C) Anyone performing any work or services incidental or related to
work within the jurisdiction of the International Union, or who is
otherwise performing work or services as may be determined by the
International Executive Board to be within the jurisdiction of the
International Union.
ARTICLE 4
Membership Classifications
(A) All persons are eligible for membership in the United Food and
Commercial Workers International Union whose membership is not
otherwise restricted or precluded by this Constitution or by other
actions consistent with and authorized by this Constitution or
International law, provided that no such restrictions or preclusions
shall be based upon race, creed, color, sex, national origin,
religion, disability, sexual orientation, or age. Membership shall be
in accordance with the following classifications, and no member shall
hold more than one classification of membership at any one time:
active, affiliated, paid-up life, nonactive, general, and honorary.
Persons who have been suspended or expelled, are on withdrawal status,
or have resigned their membership, or any other person who is not a
member in accordance with the six classifications of membership
provided for in this Article, shall not be considered members for any
purpose, except as may be directed by the International President or
the International Executive Board following an appeal under this
Constitution.
(B) 1. An individual is eligible to be an active member if he or she
is: employed within a collective bargaining unit represented by the
International Union or any of its chartered bodies; employed by an
employer who is the subject of an active organizing effort by the
International Union or any of its chartered bodies; an employee or
salaried officer of the International Union or any of its chartered
bodies or of any organization approved by the International Executive
Board with which the International Union or any of its chartered
bodies has affiliated; a member of the International Union through a
Local Union or a division of a Local Union which was a professional or
other association that has been chartered by or merged with the
International or any of its chartered bodies; or working as a barber,
cosmetologist, or independent insurance agent; except that, at the
request of the Executive Board of a Local Union, the International
President may extend the active membership of any member in that Local
Union during a period of unemployment, if the International President
determines that exceptional circumstances warrant such extension,
subject to an appeal to the International Executive Committee. Receipt
by the Local Union of the current dues and the required initiation or
reinstatement fee, or any installment established by the Local Union
for payment of such fee, is required for an eligible individual to
become an active member. Continued payment of dues, and, if
applicable, any remaining installments of the required initiation or
reinstatement fee, is required to maintain active membership.
2. An active member who is not actively working due to layoff,
illness, disability, or a contractually provided leave of absence, and
has applicable recall or reemployment rights which have not expired
under the collective bargaining agreement, or who has been discharged
and has a grievance pending under the collective bargaining agreement,
may elect (1) to continue to pay dues and maintain active membership
for the temporary period for which said recall or reemployment rights
are valid or said grievance is pending, but in neither event for
longer than two years, (2) to apply for another classification of
membership provided for in this Article, if eligible, or (3) to apply
for a withdrawal card pursuant to the provisions of Article 6.
(C) An individual is eligible to be an affiliated member if he or she
is a former active member who is no longer eligible for active
membership in the International Union. Payment of the applicable dues
is required to become an affiliated member and to maintain such
membership. .
(D) 1. Any Local Union may provide in its bylaws for the issuance of
paid-up life membership in the Local Union to any of its members who
have accumulated 25 or more years' active membership in the
International Union and who are no longer eligible for active
membership in the International Union.
2. Proposals to grant paid-up life memberships shall be introduced and
voted on at a regular meeting of the Executive Board of the Local
Union. A decision by the Executive Board not to grant paid-up life
membership may be appealed at the next regular membership meeting of
the Local Union.
If paid-up life membership is approved for any member, the President
of the Local Union shall immediately notify the International
Secretary-Treasurer of such action. If such member again becomes
eligible for active membership in the International Union, he or she
shall deposit his or her paid-up life membership card in the same
manner as provided for withdrawal cards in Article 6.
(E) An individual is eligible to be a nonactive member if he or she is
an owner-operator of an establishment within the jurisdiction of the
International Union. Payment of the applicable dues is required to
become a nonactive member and to maintain such membership.
(F) 1. Any member who is no longer eligible for active membership in
the International Union and who desires to maintain membership in the
International Union shall, on or before the first day of the month
following the date of issue of his or her withdrawal card, deposit it
at International Headquarters in order to become a general member. Any
general member who again becomes eligible for active membership in the
International Union shall deposit his or her general membership card
with the Local Union within whose jurisdiction he or she is employed
in the same manner as is provided for withdrawal cards in Article 6.
2. When a member applies for general membership, he or she shall be
advised by the International Secretary-Treasurer, by certified mail,
of his or her death benefits standing, if any, as of the time of
application, subject to appeal to the International President.
3. General members shall pay to the International Union $4.00 per
month dues, said dues to be payable on or before the first day of the
month in advance, except that any person who became a general member
before August 1, 1972, shall pay dues of $2.00 per month. If dues are
not so paid, such general member is delinquent.
(G) No person shall hold honorary membership in any Local Union of
this International Union. The International Executive Board shall have
exclusive authority to confer upon any individual honorary membership
in the International Union in recognition of distinguished public
service.
(H) All applications for membership in this International Union shall
be made on forms furnished or approved by the International
Secretary-Treasurer. The Local Union shall retain such applications
and enter all information required for new members on a monthly
membership report form which is provided or approved by the
International Union and which shall be forwarded to the International
Secretary-Treasurer.
(I) Members shall hold membership through the Local Union in whose
jurisdiction they are working or last worked, except for members
employed by the International Union or intermediate chartered bodies,
who shall hold membership in such Local Union as may be determined by
the International President, subject to an appeal to the International
Executive Committee. Where a member works within the jurisdiction of
more than one Local Union, such member shall hold membership through
the Local Union in whose jurisdiction such member first worked. No
member shall be permitted to hold membership in more than one Local
Union of this International Union.
(J) Employers, except for owner-operators, are not eligible for
membership in the International Union; provided, however, that any
member becoming an employer, other than an owner operator, shall be
entitled to a withdrawal card.
(K) Any person who is a member of, subscribes to, or supports the
principles of an organization having as its purpose to overthrow the
government of the United States or Canada by force or violence, to
deny to citizens the guarantee of the Bill of Rights, or to throttle
or eliminate a free trade labor movement, shall not be eligible for
admission to membership in this International Union, nor shall such
person hold membership therein. Any member charged as stated above
shall be tried in accordance with the procedure set forth in this
International Constitution and laws and, if found guilty, shall be
forever barred from membership in this International Union.
ARTICLE 5
Membership Rights and Privileges
(A) Active members shall enjoy all rights and privileges of membership
in their respective Local Unions and in the International Union,
including the right to vote at all regular and special meetings and to
hold any office and be elected a delegate if otherwise qualified under
their Local Union's bylaws and this Constitution.
(B) Affiliated and paid-up life members may be privileged to attend
membership meetings and serve on committees as the Local Union
President may determine. Such members may, at the request of the Local
Union President, make reports or otherwise address such meetings. They
shall have no voice or vote in Union affairs, nor shall they hold
Union office or be elected a delegate.
(C) Nonactive, general, and honorary members, and nonmembers shall be
allowed to attend and address Union meetings at the discretion of the
Local Union President. Such persons shall have no voice or vote in
Union affairs, nor shall they hold Union office or be elected a
delegate.
(D) Active, affiliated, nonactive, and general members have the
privilege of obtaining withdrawal cards provided that they are
eligible pursuant to the requirements of Article 6. If otherwise
eligible, active members may obtain military leave courtesy cards.
ARTICLE 6
Withdrawal Cards and Military Leave Courtesy Cards
(A) The following members whose current dues and fees have been paid
shall be entitled to withdrawal cards without charge therefore:
1. Members who become employers;
2. Members no longer employed within a collective bargaining unit
represented by and within the jurisdiction of the Local Union;
3. Members whose positions are excluded from coverage by a collective
bargaining agreement;
4. Members who are employed by the International Union or any of its
chartered bodies who are represented by another labor organization for
purposes of collective bargaining with the International Union or any
of its chartered bodies;
5. Members no longer employed by an employer who is the subject of an
active organizing effort by the International Union or any of its
chartered bodies and who is not a party to a collective bargaining
agreement with the International Union or any of its chartered bodies;
and
6. Members who terminate their affiliated, nonactive, and general
membership and are not eligible for active membership.
(B) Withdrawal cards shall be dated as of the first of the month
following the member's eligibility to receive such card.
(C) Persons holding withdrawal cards may maintain continuous
membership:
1. By depositing the withdrawal card with the International Union no
later than the first day of the month following the date of issuance,
along with one month's dues, as provided in Article 4(F), with the
International Union and becoming a general member as provided in
Article 4(F), or
2. If eligible for active membership, by depositing the withdrawal
card, together with the payment of the current dues, with the Local
Union within whose jurisdiction he or she is employed or last held
membership within one calendar month from the date of its issuance.
(D) Any person possessing a withdrawal card and making application for
membership in a Local Union shall be accepted as a reinstated member
without the payment of a fee, except the current dues, provided the
card is deposited with the Local Union within whose jurisdiction such
person is employed within 30 days from the date of employment within a
collective bargaining unit represented by the International Union or
such Local Union, or within 30 days from the date of employment by the
International Union or any of its chartered bodies, unless a longer
period of time is duly established by such Local Union. Any person who
is employed within a collective bargaining unit represented by the
International Union or any of its chartered bodies and fails to
deposit his or her withdrawal card as prescribed in this paragraph
shall have his or her withdrawal card voided and shall not be
reinstated to membership without the payment of the applicable fee.
(E) In the event any member whose current dues and fees have been paid
enters the military service of the United States or Canada, whether
voluntarily or by draft, such member shall be entitled to, upon
request, a military leave courtesy card with the privilege of
depositing it with any Local Union within whose jurisdiction he or she
is employed within a collective bargaining unit represented by the
International Union or such Local Union within six months after
discharge from military service, provided that such person makes
application for membership in the required manner, presents evidence
of his or her discharge, and pays his or her current dues.
(F) During such military leave, the benefits as provided in this
Constitution shall be inoperative; however, any such person readmitted
under the above provisions shall immediately be restored to membership
status in all respects as of the time of the issuance of the military
leave courtesy card.
(G) Military leave courtesy cards presented for membership after the
aforementioned six months' period shall be honored as regular
withdrawal cards as set forth by this Constitution in Article 6(D).
(H) Recipients of withdrawal cards or military leave courtesy cards or
holders of paid-up life or honorary membership cards receive such
cards and privileges incident thereto in recognition of past
membership or service or as a conferred honor. Continued possession of
such cards and privileges incident thereto presumes that the holders
of these cards will continue to uphold the aims, objectives, and
principles of the International Union. Should any such person engage
in any act which, if engaged in by a member, would constitute a
disciplinary offense under Article 25 of this Constitution, the
International Executive Board, after the issuance of a direction to
such person to show cause why his or her card, membership, or
privileges should not be voided and consideration of any response, may
void any of the foregoing cards, memberships, or privileges.
ARTICLE 7
International Officers
(A) The officers of this International Union shall constitute the
International Executive Board and shall consist of an International
President, International Secretary-Treasurer, three International
Executive Vice Presidents to be listed in order of their seniority on
the International Executive Committee, and 50 International Vice
Presidents to be listed in order of their seniority on the
International Executive Board. In the event of a reduction in the
number of International Vice Presidents between regular International
Conventions as the result of vacancies which the International
Executive Board pursuant to its authority in Article 17(P) has not
filled or in the event of an increase in the number of International
Vice Presidents in said period as the result of additions which the
International Executive Board pursuant to its authority in Article
8(A)2 has made, the number of Vice Presidents elected at the next
regular Convention shall be the number serving on January 1 of the
year in which the Convention occurs. The number of International Vice
Presidents from Canada elected at the next regular Convention shall be
four or the number serving on January I of the year in which the
Convention occurs, whichever is greater.
(B) As a condition of assuming International office, upon installation
each International officer shall pledge the following obligation: 1,
(officer's name), do solemnly and sincerely pledge, on my word of
honor, before the members and other witnesses here assembled, to
faithfully perform and diligently execute, to the best of my ability,
the duties and responsibilities of the office to which I have been
elected as prescribed by the Constitution and laws of this
International Union. I pledge that I will, to the best of my ability,
protect and promote the democratic institutions and processes, civil
rights and liberties, and the highest traditions of social and
economic justice of the United States and Canada. I pledge to deliver
to my successor in office all books, papers, and other property of the
International Union that may be in my possession or under my control
at the close of my official term. Further, I pledge at all times to
bear true and faithful allegiance to this International Union and to
uphold and support its Constitution and laws, as becomes a member and
officer of this Union."
ARTICLE 8
International Executive Board
(A) 1. Between Conventions the International Executive Board shall be
the highest authority of the International Union as provided in this
Constitution. The International Executive Board shall have the final
power to make such laws as may be needed in the interest and for the
benefit of the International Union and its membership and which are
not inconsistent with this Constitution, which laws shall be published
'and distributed to the affected membership.
2. The International Executive Board, during the interval between
regular Conventions of the International Union, shall be empowered
from time to time to elect International Vice Presidents, in addition
to those elected to fill vacancies pursuant to its authority in
Article 17(P), as members of the International Executive Board
pursuant to the terms of the merger of an organization into the
International Union or the International Union's chartering of an
organization as a Local Union or intermediate chartered body. Such
International Vice Presidents, when elected, shall hold office
concurrently and on the same basis and tenure as incumbent
International Vice Presidents.
3. The International Executive Board shall have the power to authorize
the payment of benefits, subject to the limits set out in this
Constitution and laws.
4. The International Executive Board shall establish the fiscal year
on which the financial books and records of the International Union
shall be based. The International Executive Board shall employ a
certified public accountant to perform an annual audit of the
financial books and records of the International Union.
5. The International President shall be authorized to convene meetings
of the International Executive Board whenever the International
President deems it advisable or whenever requested by a majority of
the Board, provided, however, that the International Executive Board
shall meet not less often than twice a year. In connection therewith,
the International President shall fix the time and place of such
meetings. The International President shall chair the International
Executive Board meetings, provided that, in his or her absence, the
International Secretary-Treasurer shall chair, and provided further
that, in the absence of both the International President and the
International Secretary-Treasurer, the seniority provisions of Article
17(Q) shall govern as applicable. The chairperson shall vote where
that vote would be determinative of the outcome. A majority of the
members of the International Executive Board shall constitute a quorum
for the conduct of all business.
6. When the International President and International
Secretary-Treasurer deem it necessary for the International Executive
Board to act promptly, the International President and the
International Secretary-Treasurer may conduct a vote of the
International Executive Board by mail, telegram, telephone, or other
form of communication they deem appropriate. Any such vote shall
constitute official action of the International Executive Board.
(B) The International Executive Board shall have power to make
agreements with employers covering hours, wages, and conditions of
employment and to exercise all other responsibilities associated with
a collective bargaining representative when the International Union is
such representative.
(C) The International Union shall pay the authorized expenses of the
International Executive Board in connection with its meetings or other
authorized work performed by it. Such expenses shall be paid for on a
reimbursement and/or per them basis, and, in addition, a stipend shall
be paid to those International Vice Presidents not in the primary
employment of the International Union.
(D) The International Executive Board shall have the authority to
grant dispensation of the fee otherwise required by Article 18(A) 1
for applicants for membership or reinstatement in cases where the
Local Union has waived Local Union initiation or reinstatement fees
during active organizing programs and for applicants for membership or
reinstatement in cases where the Local Union collects no initiation or
reinstatement fee as a result of open shop conditions mandated by law
or contract, provided that for such open shop situations any such
dispensation shall not provide for a fee of less than 50 percent of
the fee required by Article 18(A)l.
(E) The International Executive Board shall have authority to grant
dispensation in the payment of initiation fees, Union dues, or other
financial obligations relating to membership in those jurisdictions
operating under laws or regulations which require that membership in
good standing be a condition precedent to the filing or processing of
petitions for certification or representation or the legal equivalent
thereof, and where the circumstances are such that the International
Executive Board deems such action to be necessary. Such dispensation,
when granted, may include any part or portion of the financial
obligations above referred to and shall be under such terms and
conditions as the International Executive Board may stipulate.
(F) Recognizing that chartered bodies in Canada operate under
circumstances different from those experienced by other chartered
bodies in the jurisdiction of the International Union' the
International Executive Board shall be empowered, in a manner not
inconsistent with the purposes of this Constitution, to give special
consideration to Canadian chartered bodies, upon the recommendation of
the International officers in Canada. In further recognition of the
distinctive legal, cultural, political, historical, and national
circumstances in Canada, the International President, the
International Secretary-Treasurer, the International Executive
Committee, and the International Executive Board shall consider any
recommendations of the International officers in Canada prior to
carrying out their respective authority on matters directly affecting
the membership in Canada. Further, in the event of any jurisdictional
dispute arising between chartered bodies in Canada, the International
officers in Canada shall resolve such dispute, subject to appeal to
the International President and a further appeal to the International
Executive Board.
(G) The International Executive Board shall have the authority to
establish a program of union benefits and services for such categories
of persons as it may designate who are not actively engaged in work
within a collective bargaining unit represented by the International
Union or any of its chartered bodies and to prescribe the rules
governing membership in such program. Such program shall entitle its
members to such rights and privileges as may be determined by the
International Executive Board, provided that such rights and
privileges shall not include the right to vote in Union affairs, nor
to hold Union office or be elected a delegate.
(H) The International Executive Board may delegate any of its specific
powers to the International Executive Committee or to the
International President, to be exercised by the International
Executive Committee or the International President on its behalf
during the interval between meetings of the International Executive
Board.
(I) 1. The International Executive Board by the vote of two-thirds of
its members shall have the power to call a special Convention of the
International Union to consider such questions as the International
Executive Board by the same vote shall certify to it. A special
Convention shall be convened by such procedures as a majority of the
International Executive Board shall specify, which may include a
specification that the delegates, but not votes, pursuant to the
apportionment formula of Article 15(B), from each Local Union be
reduced.
2. No sooner than 18 months from the time the last Convention was
adjourned, seven or more Local Unions comprising not less than 25
percent of the membership of the International Union, acting by a vote
of the majority of the members of each Local Union present and voting
at a special meeting called for such purpose, may submit a request for
a special Convention, specifying the particular question or questions
to be considered. The International Secretary-Treasurer shall, within
15 days of the receipt of such request, forward the request to all
Local Unions for a membership vote. If Local Unions comprising at
least two-thirds of the membership of the International Union, acting
by a vote of the majority of the members of each Local Union present
and voting at a special meeting for that purpose, shall, within 30
days after the receipt of the communication from the International
Secretary-Treasurer, notify the International Secretary-Treasurer of
the approval of the request for a special Convention, such special
Convention shall be called as hereinafter provided. Special
Conventions called at Local Union request shall be convened within
four months after the receipt of the required approvals from Local
Unions. The time and place of such a special Convention shall be
designated by the International Executive Board and shall be set forth
in a call to be issued by the International Secretary-Treasurer at
least 90 days prior to its opening. A special Convention shall
consider the question or questions specified to the International
Executive Board as set forth in the request of the Local Unions, and
such question or questions shall be stated in the call. At any such
special Convention the International Executive Board shall have the
right to present for consideration and action any matter or matters it
deems necessary in addition to those stated in the call.
3. Each Local Union President shall be a delegate to special
Conventions by virtue of election to office, except, where a Local
Union is entitled to or elects to send only one delegate to a special
Convention, such delegate shall be elected by secret ballot. Where a
Local Union is entitled to more than one delegate to special
Conventions, the Local Union Secretary-Treasurer shall be a delegate
by virtue of election to office, except, where a Local Union is
entitled to or elects to send only two delegates to a special
Convention, the second delegate shall be elected by secret ballot. The
remaining delegates and alternates to which a Local Union is entitled
shall be nominated and elected by secret ballot in accordance with the
procedures for the nomination and election of Local Union officers as
provided in Article 35 of this Constitution, except as provided in the
procedures specified by the International Executive Board.
(J) The International Executive Board shall have the power to
authorize and effectuate the merger of any other organization into the
United Food and Commercial Workers International Union, where such
merger can be effectuated without amendment to this Constitution. The
International Executive Board may waive the application of any
provision of this Constitution for a period not to exceed three years
or January 1 of the year following the next regular International
Convention, whichever occurs later, where such waiver is necessary to
effectuate the merger; except that, the International Executive Board
may approve beyond such period a per capita tax payable on members of
the merging organization that is higher than that provided in Article
18(A)3 of this Constitution, as provided in a merger agreement with
the merging organization. Where the effectuation of a merger of the
United Food and Commercial Workers International Union with another
organization requires amendment to this Constitution, the
International Executive Board may authorize the International
President and International Secretary-Treasurer to enter into
discussions directed toward merger. Approval of such a merger shall be
submitted by the International Executive Board to a regular Convention
or to a special Convention called for by it for the purpose of
considering the proposed merger.
(K) The International Executive Board shall have the power to
authorize the voluntary merger of Local Unions of the United Food and
Commercial Workers International Union or of an organization not
chartered by the United Food and Commercial Workers International
Union into a Local Union of the United Food and Commercial Workers
International Union. The International Executive Board shall prescribe
the conditions under which any such merger shall be effectuated, and
may waive the application of any provision of Articles 34 and 35 of
this Constitution for a period not to exceed the first full term of
office following the merger, where such waiver is necessary to
effectuate the merger. Further, the International Executive Board may
approve Local Union bylaws providing for constitutional officers
additional to those provided for in Article 34(A) where such approval
would facilitate such merger.
(L) The International Executive Board shall be empowered to affiliate
this International Union with such national and international bodies
as the International Executive Board believes is in the best interests
of this International Union.
(M) If any provision of this Constitution shall be declared or shall
otherwise become invalid or impaired by virtue of any federal, state,
or provincial legislative enactment, or by virtue of any decision or
regulation of any federal, state, or provincial court or
administrative agency, the International Executive Board shall have
the authority to suspend the operation of any such provision during
the period of its invalidity or impairment and shall also have the
authority to substitute a provision or provisions which, to the extent
permitted by law, will meet the objections and which will be in accord
with the intent and spirit of the invalid provision. The International
Executive Board shall give written notice to all Local Unions and all
intermediate chartered bodies after exercising this power. If any
provision of this Constitution should be held invalid by operation of
law or by any tribunal of competent jurisdiction, the remainder of
this Constitution shall not be affected thereby
ARTICLE 9
International Executive Committee
(A) The International President, International Secretary-Treasurer,
and the three International Executive Vice Presidents shall, by virtue
of their offices, constitute the International Executive Committee.
The International President shall serve as chairperson of the
International Executive Committee, and a record shall be kept of its
meetings.
(B) The Inter-national Executive Committee shall purchase, manage, and
control all real property of the International Union, and may sell,
rent, lease, encumber, and improve the same in such manner as the
majority of the International Executive Committee shall direct, but
shall have no right to sell, convey, or encumber the current or a
successor International Headquarters without the approval of the
International Executive Board.
(C) The title to the International Headquarters and other real
property currently held by the International Union, or which may
hereafter be acquired, shall be vested by proper conveyance in the
name of a corporate trustee building corporation or in the
International Executive Committee and their successors in office, to
be held by the building corporation or the International Executive
Committee in trust for the sole use and benefit of this International
Union, provided that, the title to any real property held by the
International Union in Canada shall be vested by proper conveyance in
the name of a building corporation or a trustee or trustees, and their
successors in office, designated by the International Executive
Committee, in accordance with the applicable law in Canada, in trust
for the sole use and benefit of this International Union.
(D) The International Executive Committee shall perform such other
duties as are provided in this Constitution and as may be directed
from time to time by the International Executive Board. The
International Executive Committee may delegate any of its specific
authority to the International President, to be exercised by him or
her on its behalf.
(E) The International Executive Committee shall make a report to each
regular Convention of all business transacted in connection with the
International Headquarters and other real property of the
International Union.
(F) No member of the International Executive Committee shall receive
any additional compensation by virtue of his or her services in
connection with the management and control of International
Headquarters or other real property of the International Union.
(G) 1. A trusteeship may be imposed by the International Union upon a
chartered body to correct corruption or financial malpractice,
including mishandling or endangering Union funds or property, or the
funds or property of any trust in which the Union has an interest;
assure the performance of collective bargaining agreements or other
duties of a bargaining representative; restore democratic procedures;
or otherwise carry out the legitimate objectives of the International
Union, including the enforcement of compliance with federal, state, or
provincial law, the Constitution or laws of the International Union,
the approved bylaws of the chartered body, or the rules, decisions, or
orders of the International Executive Board, the International
Executive Committee, or International officers made within the scope
of their authority under this Constitution. Whenever in the judgment
of the International Executive Committee such action is required, it
shall have the power to place such chartered body in trusteeship or
take such other temporary action as it deems necessary, provided that
any such action shall not be authorized in Canada unless concurred in
by a majority of the International officers in Canada. Within 30 days
following the imposition of a trusteeship, a hearing shall commence to
determine whether the trusteeship is justified and shall be continued.
2. a) If a trusteeship is imposed, the International President shall
appoint a trustee, who shall administer the affairs of the chartered
body during the trusteeship. In Canada, such trustee shall be a member
of a Canadian Local Union. The trustee shall act under the supervision
of the International President, who may remove him or her at any time
and appoint a successor.
b) The trustee shall take immediate charge of the affairs of the
chartered body and shall have the right, upon demand, to all assets
and records for the period that he or she is in charge, to be held in
trust for the benefit of the members of the chartered body. During the
trusteeship, the assets of the chartered body shall be expended for
the conduct of its affairs. If, after the trusteeship hearing, the
International Executive Committee ratifies the imposition of the
trusteeship, the International President may require the chartered
body to bear the expenses incurred in connection with the imposition,
servicing, administration, and termination of the trusteeship. The
trustee shall be bonded in sufficient amount as determined by the
International Secretary-Treasurer to safeguard the assets of the
chartered body.
c) When a trusteeship is imposed, the officers of the chartered body
shall be suspended from office, and their functions shall pass to the
trustee, who may delegate such functions to deputy trustees, interim
officers, and others as deemed necessary, subject to the approval of
the International President. If the International Executive Committee
determines after hearing that the trusteeship is justified, and
thereby ratifies the trusteeship, all officers within the chartered
body shall immediately be removed, and the trustee may continue to
delegate their functions as provided above. If the International
Executive Committee determines that the trusteeship was not justified,
or should not continue, the suspended officers shall be restored to
their prior offices without loss of salary or benefits, unless
otherwise determined in accordance with the procedures set forth in
this Constitution.
d) At any time after the trusteeship has been ratified, the trustee
shall have authority to bring disciplinary proceedings, including the
filing of charges, against any member or former officer of the
chartered body whom he or she has reasonable grounds to believe has
contributed to the conditions leading to the establishment of the
trusteeship. The trustee may also file charges against any member for
other violations of his or her duties and obligations as a member,
provided that in such case the trustee files charges with the
International President within six months after the basis for the
alleged violation has been discovered or should have been discovered.
In any disciplinary proceeding held during the trusteeship, including
any proceeding involving charges which were pending at the time the
trusteeship was imposed, the accused shall be tried before a
representative appointed by the International President. Trial
proceedings shall be in accordance with the applicable provisions of
Article 26(A), provided that such provisions are not inconsistent with
the provisions of this Article. The representative appointed to
conduct the trial shall, upon its completion, submit his or her
findings and recommendations to the International Executive Committee
with the trial record. The International Executive Committee is
thereupon authorized to issue its decision and take such disciplinary
measures as the circumstances warrant, including fine, suspension, or
expulsion. Appeals from the decision of the International Executive
Committee may be taken to the International Executive Board in
accordance with the applicable provisions of Article 26(C), provided
that such provisions are not inconsistent with the provisions of this
Article.
e) The autonomy of the chartered body shall be suspended during the
period of the trusteeship, except that membership votes shall be held
where required under Articles 23 and 38 and as otherwise required
under this Article.
f) The trustee shall make periodic reports to the International
President on the progress of the trusteeship. He or she shall also
hold meetings of the membership not less than quarterly for the
purpose of reporting to the membership on the affairs and transactions
of the chartered body.
3. a) The trusteeship hearing shall be conducted in the vicinity of
the chartered body involved by a hearing officer appointed by the
International President, provided that the hearing officer shall be a
member of a Canadian Local Union if the chartered body is located in
Canada.
b) Adequate notice of the time, place, and subject of the hearing
shall be sent by the International President to the members of the
chartered body.
c) The chartered body shall have the right to be represented by its
officers or suspended officers, who, subject to rules formulated by
the hearing officer to prevent undue repetition, shall have the right
to examine and cross-examine witnesses, present other evidence, and
argue the case for or against trusteeship.
d) Members shall have a right to testify, subject to rules formulated
by the hearing officer to prevent undue repetition. If a member
alleges that the officers or suspended officers of the chartered body
cannot adequately represent his or her interests, the hearing officer
may determine, upon a sufficient showing, to permit the member to
participate in the examination and cross-examination of witnesses, the
presentation of other evidence, and the argument.
e) Any officer of the chartered body who refuses to produce any
document relevant to the hearing shall be subject to charges and
immediate suspension from office by the International Executive
Committee pending proceedings under Article 9(H). Any employee who
refuses to produce such records shall be subject to immediate
suspension or termination from employment, as determined by the
International Executive Committee.
f) The hearing officer may formulate whatever additional rules may be
required to ensure a full, fair, and expeditious hearing.
g) All testimony shall be taken under oath, and a verbatim transcript
shall be made of the hearing.
h) The hearing officer shall submit his or her findings and
recommendations to the International Executive Committee with the
hearing transcript and exhibits.
I) Within 45 days from the date the hearing closes, the International
Executive Committee shall issue its decision and order, which shall
include its findings and determinations. Such decision and order shall
be sent to the chartered body and made available to its members.
j) The International President shall make available for examination by
the members of the chartered body, at the office of the chartered
body, a copy of the hearing officer's findings and recommendations,
the hearing transcript, and the hearing exhibits.
4. a) A decision and order of the International Executive Committee
following the hearing specified in Article 9(G)3 may be appealed to
the International Executive Board in accordance with the applicable
provisions of Article 26(C) governing appeals to the International
Executive Board.
b) A decision and order of the International Executive Committee
determining that a trusteeship is justified shall constitute
ratification or authorization of the trusteeship by the International
Union unless reversed on appeal.
5. a) The trusteeship shall continue for such period as the
International Executive Committee shall consider necessary for the
reorganization or stabilization of the affairs of the chartered body
to achieve the purposes of the trusteeship; provided, however, that
the body in trusteeship shall have the right to petition for removal
of the trusteeship at intervals of not less than six months following
the establishment of the trusteeship. Any such petition must first be
duly signed by a majority of the active members of the chartered body
and then filed with the International President.
b) Upon receipt of such petition, the International President shall at
the earliest practicable time hold an inquiry to determine whether the
trusteeship shall continue. The inquiry shall be conducted by a
representative appointed by the International President, under rules
formulated to ensure a full, fair, and expeditious inquiry. Due notice
of the time and place of the inquiry shall be given to the members of
the chartered body
c) The representative holding the inquiry at its conclusion, shall
submit findings and recommendations to the International Executive
Committee. The decision of the International Executive Committee shall
include its findings and recommendations and shall be sent to the
members of the chartered body
d) The decision of the International Executive Committee may be
appealed to the International Executive Board by any member of the
chartered body in accordance with the applicable provisions of Article
26(C).
6. Prior to the conclusion of the trusteeship, the trustee shall
review the bylaws of the chartered body and shall submit his or her
recommendations for amendment to the membership in accordance with the
applicable provisions of Article 32(A). Prior to the conclusion of the
trusteeship, the trustee shall conduct new elections for all offices
of the chartered body in accordance with the Constitution of the
International Union and the bylaws of the chartered body.
7. When the trusteeship is terminated upon order of the International
Executive Committee, the trustee shall return all assets and records
to the chartered body and shall make an accounting of his or her
trusteeship to the International Executive Committee and the chartered
body.
8. No obligation or liability of a chartered body which may have been
incurred prior to the imposition of a trusteeship shall be assumed by
or become an obligation of the ' International Union. No obligation or
liability of a chartered body which has been placed in trusteeship,
including obligations under existing collective bargaining agreements
incurred subsequent to the institution of such trusteeship, shall
become an obligation of the International Union, unless specifically
authorized or assumed by the International Executive Board.
(H) Whenever the activities of any member or officer of a chartered
body involve, in the judgment of the International Executive
Committee, an emergency situation injurious to the welfare or best
interests of the International Union or a chartered body, the
International Executive Committee is authorized to assume original
jurisdiction in such matter, even though charges may have been filed
with another body and are pending. Under such circumstances, the
International Executive Committee may suspend the person from
membership or office, but it shall be required to accord such member
or officer a hearing, upon notice of the charges against him or her,
and the hearing shall commence within 30 days of such suspension. The
International Executive Committee shall have authority to appoint a
temporary successor to any officer thus suspended, to serve until the
charges are disposed of. Such hearing shall be conducted by a
representative appointed by the International President, and the
proceedings shall be in accordance with the applicable provisions of
Article 26(A), provided that such provisions are not inconsistent with
the provisions of this paragraph. Following such hearing, the
International Executive Committee is authorized to take such
disciplinary action as the circumstances warrant, including fine,
suspension, expulsion, or removal from office. Appeal from the
decision of the International Executive Committee may be taken to the
International Executive Board. Procedure on appeals shall be governed
by the applicable provisions of Article 26(C).
(I) Whenever, in the judgment of the International Executive
Committee, a chartered body is working against the best interests of
the International Union, including, but not limited to, violation of
the provisions of the Constitution and laws of the International
Union, the International Executive Committee shall have the authority
to expel such chartered body after a hearing conducted pursuant to the
applicable provisions of Article 9(G), subject to an appeal to the
International Executive Board.
ARTICLE 10
International President
(A) The International President shall be the chief executive officer
of the International Union and shall exercise supervision over the
affairs of the International Union.
(B) It shall be the duty of the International President to preside at
all Conventions, appoint all committees, unless otherwise ordered by
the Convention, and sign all official documents of the International
Union.
(C) The International President shall manage, conduct, and edit any
official membership publications and any other publications of the
International Union, subject to such editorial policy as may be
established by the International Executive Committee.
(D) The International President, in consultation with the
International Secretary-Treasurer, shall have the authority to manage
and control all assets of the International Union, except as otherwise
provided in Article 9 of this Constitution. He or she shall have the
authority, between meetings of the International Executive Board, to
direct and approve the expenditure of the funds of the International
Union as shall be necessary or advisable in carrying out the
principles and objectives of the International Union and for any
additional purposes and objectives not inconsistent therewith which
will further the general interest and welfare of the International
Union. Such expenditures shall be paid from the funds of the
International Union and shall be paid by check cosigned, or electronic
transfer authorized, by the International President and the
International Secretary-Treasurer, provided that, in the event of a
vacancy in either of such offices, the seniority provisions of Article
17(Q) shall govern as applicable. He or she shall have the authority
to invest the surplus funds of the International Union where he or she
deems it advisable, subject to the approval of the International
Executive Committee. He or she shall be further empowered to do all
acts, whether or not expressly authorized in this Constitution, which
he or she deems necessary or proper for the protection of the assets
of the International Union, subject to the approval of the
International Executive Committee. No expenditure of International
Union funds shall be made except upon authorization of the
International President, except as otherwise provided in this
Constitution.
(E) 1. The International President shall have the authority to
interpret the Constitution and laws of the International Union and to
decide all questions relating thereto, subject to an appeal to the
International Executive Board. The International President shall have
the authority to resolve any dispute between chartered bodies, between
chartered bodies and members thereof, or between chartered bodies and
the International Union, for which no appeal to the International
President, International Executive Committee, or International
Executive Board is otherwise provided in this Constitution, and to
direct such steps as may be necessary to resolve the dispute, provided
that any appeal or request for intervention pursuant to such authority
is filed with the International President within 45 days from the
decision or action which is the subject of the dispute; except that,
the International President, for good cause shown, may extend the time
within which any such appeal or request may be filed. The decision of
the International President regarding such dispute may be appealed to
the International Executive Board not later than 30 days after such
decision has been rendered.
2. The International President shall not have the authority to direct
any change in a chartered body's disposition of a member's grievance
arising out of a collective bargaining agreement between the chartered
body and an employer.
(F) The International President, in consultation with the
International Secretary-Treasurer, shall establish and maintain such
departments, trade divisions, and offices as are necessary to service
and promote the interests of the various trades, occupations, and
professions comprising the International Union's membership and to
more effectively administer the International Union's affairs.
Further, the International President, in consultation with the
International Secretary-Treasurer, shall employ and fix the
compensation and other terms of employment of directors, department
heads, assistants, field representatives, and professional and other
personnel that he or she deems advisable for the purpose of carrying
out the duties of his or her office and to effectively administer the
affairs of the International Union. Such personnel shall work under
the supervision of the International President. He or she shall have
the authority to terminate the employment of any such personnel in the
best interest of the International Union, subject to an appeal to the
International Executive Committee, provided that there is no other
grievance procedure authorized by the International Union.
(G) The International President or his or her designated
representatives are authorized to visit any chartered body and attend
and participate in any meeting, conference, or convention, including
those of chartered bodies, in order to lend assistance, to examine the
records and inspect the operations, or otherwise to further the
objectives of the International Union.
(H) The bond of the International President shall be in such amount as
the International Executive Board shall deem sufficient to fully
protect the International Union and shall be furnished by a surety
company approved by the International Executive Board, the premium
thereof to be paid by the International Union.
(I) The International President, or his or her designated
representative, is hereby authorized, by virtue of his or her office,
to attend as an official delegate of the International Union all
meetings, conferences, or conventions that may be held where the
International Union is entitled to representation or where the best
interest of the International Union may be served by his or her
presence. Where the International Union is entitled to more than one
representative at any such meeting, conference, or convention, the
International Secretary-Treasurer is authorized, by virtue of his or
her office, to attend as an official delegate. The International
President is further authorized to appoint such additional delegates
as the International Union may be entitled to send to such meetings,
conferences, or conventions.
(J) The International President shall receive in monthly installments
an annual salary to be determined by the International Executive
Board. He or she shall also receive reimbursement for all expenses
incident to the conduct of his or her office. Salary determinations by
the International Executive Board once made shall constitute a new
minimum.
ARTICLE 11
International Secretary-Treasurer
(A) The International Secretary-Treasurer shall be the chief
administrative officer of the International Union and shall have
custody of all books, papers, funds, assets, property, and effects of
the International Union. He or she shall conduct all correspondence
pertaining to his or her office and shall maintain custody of the
minutes of the International Executive Board meetings.
(B) The International Secretary-Treasurer shall collect all moneys due
the International Union and shall deposit all funds in responsible
depositories in the name of the United Food and Commercial Workers
International Union. He or she shall keep accurate account between the
International Union and its chartered bodies and shall furnish an
annual financial statement, as well as interim quarterly itemized
financial statements, including a balance sheet and statement of
income and expenses, of the International Union to each member of the
International Executive Board and to the President of each Local
Union.
(C) The International Secretary-Treasurer shall furnish, at the
expense of the International Union, all forms and materials for the
transaction of business between the International Union and the Local
Unions. No chartered body shall use any forms for the transaction of
such business except those furnished or approved by the International
Secretary-Treasurer. The International Union shall pay all duties on
supplies shipped outside the borders of the United States.
(D) All income received from interest, rents, lease, or sale of any
property of the International Union, or any part thereof, shall be
received by the International Secretary-Treasurer as provided for in
the Constitution and laws of this International Union, and shall
become a part of the general assets of the International Union.
(E) Negotiable bonds and other securities shall be placed in
safekeeping with a responsible registered broker or other depository
in the name of the United Food and Commercial Workers International
Union. Access to any safe deposit box shall be obtained only on the
signature of the International President, the International
Secretary-Treasurer, or the senior International Executive Vice
President.
(F) The International Secretary-Treasurer shall promptly notify the
International Executive Board of the results of the votes cast on all
propositions submitted to it.
(G) The International Secretary-Treasurer shall have the International
Union name, logo, and union shop identification card or other indicia
of union shop identification registered in each state, province, and
territory where required.
(H) The International Secretary-Treasurer shall remit per capita tax
to bodies with which the International Union is affiliated.
(I) The International Secretary-Treasurer shall be furnished with a
seal, which seal shall be fixed to official and important documents,
as may be required by applicable law, and shall deliver to his or her
successor in office all property, funds, assets, and effects in his or
her possession belonging to the International Union.
(J) The bond of the International Secretary-Treasurer shall be of such
amount as the International Executive Board shall deem safe to fully
protect the International Union and shall be furnished by a surety
company approved by the International Executive Board, the premium
thereof to be paid by the International Union.
(K) Constitutions and membership cards shall be furnished Local Unions
by the International Secretary-Treasurer at the expense of the
International Union in such number as may be required, and it shall be
the duty of the Local Union President to issue such membership card,
or similar membership card which has been approved by the
International Secretary-Treasurer, to each member of the Local Union.
(L) The International Secretary-Treasurer shall provide for the
bonding of such officers, representatives, and employees of the
International Union and its chartered bodies as the International
Secretary-Treasurer deems advisable, with a surety company approved by
the International Executive Board. Each such officer, representative,
or employee shall be bonded by said company in an amount adequate to
protect the chartered body from loss. The minimum amount of such bond
shall be $2,500, or whatever higher amount may be required by
applicable law. Such bond shall run to the International Union and its
cost shall be borne by the chartered body involved or the
International Union, as applicable. To ensure adequate and proper
bonding, the International Secretary-Treasurer shall establish such
procedures as he or she deems necessary for compliance by chartered
bodies with this section.
(M) The International Union shall have the authority, without notice,
to obtain or make an audit, inspection, or examination of all books,
records, and other documents of any chartered body. The International
Secretary-Treasurer, in conjunction with the International President,
shall exercise the foregoing authority through the assignment of
personnel as they deem necessary
(N) The International Secretary-Treasurer shall receive in monthly
installments an annual salary to be determined by the International
Executive Board. He or she shall also receive reimbursement for all
expenses incident to the conduct of his or her office. Salary
determinations by the International Executive Board once made shall
constitute a new minimum.
(0) The International Secretary-Treasurer shall conduct his or her
office in consultation with the International President and in
accordance with this Constitution. He or she shall perform such other
duties and responsibilities as may be delegated to him or her by the
International Executive Committee or International Executive Board.
ARTICLE 12
International Executive Vice Presidents and International Vice
Presidents
(A) The International Executive Vice Presidents shall fulfill their
responsibilities as members of the International Executive Committee
as set forth in this Constitution.
(B) It shall be the duty of the International Executive Vice
Presidents and International Vice Presidents to provide such
assistance to the International President as he or she may require, to
perform such other work under his or her direction as he or she may
request, and to make regular reports on the progress of organizational
work assigned to them and with respect to any other duties or
functions which they have been directed to perform.
(C) A minimum of 12 International Vice Presidents shall not be in the
primary employment of the International Union. Not less than four
International Vice Presidents, at least two of whom shall not be in
the primary employment of the International Union, shall be residents
of Canada, members of Local Unions chartered in Canada, nominated at
the regular International Convention by Canadian Local Unions, and
elected by a majority vote of the delegates representing Canadian
Local Unions at the regular International Convention. The
International Vice President designated number one for purposes of
nomination and election of International Vice Presidents in Canada and
elected by the delegates representing the Canadian Local Unions shall
be appointed Director in Canada.
ARTICLE 13
International Board of Audit
Five International Vice Presidents elected annually by the
International Executive Board, who are not in the primary employment
of the International Union, shall constitute a Board of Audit. As soon
as practicable each year, the Board of Audit shall meet at the office
of the International Secretary-Treasurer for the purpose of reviewing
the report of the certified public accountant retained by the
International Executive Board to audit the financial books and records
of the International Union, The financial statements of the certified
public accountant and the report of the Board of Audit, which shall be
certified and sworn to, shall be furnished each Local Union and
International officer.
ARTICLE 14
Regular International Conventions
(A) The United Food and Commercial Workers International Union shall
meet in regular Convention in 2003 and every five years thereafter, in
July or August of each Convention year, to elect the officers of the
International Union and to transact such other business as may come
before the Convention. The dates and place of the regular Convention
shall be determined by the International Executive Board, and the
Executive Board shall make the necessary arrangements for holding such
Convention.
(B) The International Secretary-Treasurer shall issue a Convention
call to each Local Union in December in the year preceding the year in
which the Convention is held. Such call shall state the dates and
place of the Convention as determined by the International Executive
Board.
ARTICLE 15
Regular International Convention Delegates
(A) At the time the Convention call is issued, the International
Secretary-Treasurer shall inform each Local Union of the number of
delegates to which it is entitled and shall furnish each Local Union
President with credential forms, in duplicate, for delegates and
alternates. The Local Union's President shall mail the completed
original credentials and the results of the election to the
International Secretary-Treasurer immediately after the Local Union
elects its delegates and alternates. Credentials must be received by
the International Secretary-Treasurer 60 days prior to the convening
of the Convention. The completed duplicate credentials shall be
retained by the delegates and alternates and presented to the
Credentials Committee immediately prior to the convening of the
Convention. Each credential must be signed by the Local Union
President.
(B) 1. Local Unions shall be apportioned Convention delegates and
votes in accordance with the following formula:
Number of Active Members in Local Union
Number of Delegates and Votes
Number of Active Members in Local Union
Number of Delegates and Votes
1 - 500
1
10000-10750
15
501-1000
2
10751-11500
16
1001-1750
3
11501-12250
17
1751-2500
4
12251-13000
18
2501-3250
5
13001-13750
19
3251-4000
6
13751-14500
20
4001-4750
7
14501-16000
21
4751-5500
8
16001-18000
22
5501-6250
9
18001-21000
23
6251-7000
10
21001-24000
24
7001-7750
11
24001-29000
25
7751-8500
12
29001-34000
26
8501-9250
13
34001-39000
27
9251-10000
14
And an additional delegate and vote for each 5,000 active members,
or fraction thereof, above 39,000 active members.
2. Any intermediate chartered body with any bargaining units and
active members directly affiliated with the intermediate chartered
body, rather than with a Local Union, shall be apportioned delegates
and votes based on the number of active members directly affiliated
with it and in accordance with the formula of Article 15(B) 1.
Apportionment of delegates and votes shall be based on only those
active members directly affiliated with the intermediate chartered
body, and only such members shall be eligible to represent the
intermediate chartered body as delegates and alternates to the
Convention. Wherever the term "Local Union" or "Local Unions" is used
in Articles 14, 15, 16, and 17 of this Constitution, it shall be
deemed to encompass any intermediate chartered body with any directly
affiliated bargaining units and active members.
(C) The number of delegates apportioned to a Local Union shall be
determined by the International Secretary-Treasurer upon the basis of
its average monthly active membership for the 12 calendar months
ending with October in the year preceding the year in which the
Convention is held. Each Local Union may elect a number of alternates,
as determined by the Local Union Executive Board prior to nominations,
up to the number of delegates to which it is entitled, in accordance
with the procedures for the election of delegates.
(D) If a vacancy occurs in the Local Union's delegation, the alternate
who was elected by the greatest number of votes, or, in the case of a
tie, the alternate chosen by a vote of that Local Union's remaining
delegates, shall succeed to the vacancy; provided that, if the vacancy
occurs as the result of a temporary absence from the Convention, the
vacancy shall be filled only if such Local Union's seated delegates
decide to fill such vacancy, in which case, the vacancy shall be
filled for the period of the delegate's absence. An alternate
succeeding to a vacancy shall have neither voice nor vote until
recognized by the Credentials Committee.
(E) Each Local Union President shall be a delegate to the regular
Convention by virtue of election to office. Where a Local Union is
entitled to more than one delegate to the Convention, the Local Union
Secretary-Treasurer shall be a delegate by virtue of election to
office. The remaining delegates and alternates to which a Local Union
is entitled shall be nominated and elected by secret ballot in
accordance with the procedures for the nomination and election of
Local Union officers as provided in Article 35(C) of this
Constitution, except as provided in this Article; provided that, if a
Local Union is entitled to only one delegate and decides to have an
alternate in addition to that delegate, the alternate shall be the
Local Union Secretary-Treasurer. Where an election of delegates or
alternates is to be conducted, nominations for all delegates and
nominations for all alternates shall precede the conduct of the
elections. Nominations shall not be conducted by petition. The
election shall be conducted at polling places or by mail referendum.
No member shall run for both delegate and alternate. Each active
member voting shall be entitled to cast a number of votes for
delegates and alternates up to the number of delegates and alternates
to which the Local Union is entitled or chooses to elect, but in no
event may a member cast more than one vote for any one nominee. Such
delegates and alternates shall be elected by plurality vote in
descending order of the votes received, starting with the nominee
receiving the highest number, up to the number of delegates and
alternates to which the Local Union is entitled or chooses to elect,
whichever is the lesser. In the event of a tie that affects the
outcome, there shall be a runoff election among the tied nominees. As
provided in this paragraph, the Local Union President or
Secretary-Treasurer shall be a delegate or alternate to the Convention
without separate nomination and election as a delegate or alternate,
provided that the President or Secretary-Treasurer was elected by the
Local Union membership in the Local Union's election of officers.
(F) The nomination and election of delegates to the Convention shall
be conducted at any time during January, February, March, or April of
the Convention year. The election of delegates to the Convention shall
be conducted by secret ballot. Not less than 15 days prior to the
nomination of delegates, notice shall be mailed by the Local Union to
each member at his or her last known home address, setting forth the
times, dates, and places for conducting the nomination of delegates to
the Convention. Not less than 15 days prior to the election of
delegates, notice shall be mailed by the Local Union to each member at
his or her last known address, setting forth the times, dates, and
places for conducting the election. Notice of nominations and election
may be combined into a single notice, which shall be mailed not less
than 15 days prior to nominations.
(G) Any active member of the International Union, as defined in
Article 4(B) of this Constitution, shall be eligible to vote for Local
Union delegates to the Convention in the Local Union through which he
or she holds his or her membership.
(H) 1. Any active member of the International Union, as defined in
Article 4(B) of this Constitution, who has been an active member of
the International Union, or who had been a member of another
organization merged with or chartered by the International Union or
merged into a Local Union of the United Food and Commercial Workers
International Union, for a continuous aggregate of at least 12 months
preceding the month in which the Convention call is issued, shall be
eligible to be a delegate to the Convention from the Local Union
through which he or she holds his or her membership at the time of
nominations, provided that said member maintains continuous active
membership in said Local Union during the interval between his or her
election and the commencement of the Convention.
2. Nothing herein contained shall be so construed as to disqualify any
member who accepts a salaried position with the American Federation of
Labor and Congress of Industrial Organizations, the Canadian Labour
Congress, the International Union, or any of its chartered bodies, or
to disqualify the delegate or delegates of a Local Union reorganized
within a period of less than one year. A Local Union not in possession
of a charter from the International Union at the time the Convention
call is issued shall not be entitled to representation in the
Convention of the International Union.
(I) 1. Not more than 15 days subsequent to the election of delegates
in a Local Union, all challenges to the election of such delegates
shall be submitted to the Local Union general election chairperson.
The Local Union general election chairperson and election judges shall
consider any such challenge and take such remedial action as they deem
appropriate. Not more than 15 days subsequent to the decision of the
Local Union general election chairperson and election judges
respecting such challenge, an aggrieved challenging party may submit
an appeal to the International President. Where a Local Union fails to
rule on such challenge within 30 days of the Local Union election of
delegates, a challenging party may submit an appeal to the
International President not later than 15 days thereafter. The
International President shall take whatever steps are deemed necessary
to resolve the challenge to the election and enforce his or her
decision.
2. The decision of the International President may be appealed to the
Credentials Committee not later than 15 days after such decision has
been rendered. Such appeal shall be sent to the International
Secretary-Treasurer, who shall refer such appeal to the Credentials
Committee, which shall consist of not less than five uncontested
delegates who shall be appointed by the International President not
less than 20 days prior to the convening of the Convention. This
committee shall meet prior to the convening of the Convention at the
call of the International President to consider and resolve all
appeals. This committee shall also independently review the
credentials of all delegates and shall resolve all questions of
irregularity. The committee shall report its ruling on appeals and
irregularities to the Convention on the first day thereof. It may meet
during the Convention at the call of the International President. The
rulings of the committee shall be in force pending review by the
Convention.
3. Any challenge or appeal which could have been presented in
compliance with these filing requirements, but was not, shall be
deemed to have been waived.
(J) The ballots and all other records pertaining to the nomination and
election of delegates, including the membership mailing lists which
were used to send the notices of the nomination and election of
delegates, shall be preserved for not less than one year by the Local
Union President.
(K) A Local Union may elect fewer than its quota of delegates,
provided that such determination be made by the Local Union membership
prior to or at the nominating meeting. The number of votes to which a
Local Union is entitled at Convention on all recorded votes shall be
divided equally among the seated delegates present.
(L) In the case of a Local Union entitled to two or more delegates,
the delegates shall choose a chairperson and alternate chairperson of
the delegation.
(M) The International Union shall pay for the reasonable and necessary
cost of transportation of the duly elected delegates to and from each
regular International Convention. Local Unions may pay all or a
portion of their delegates' other authorized expenses connected with
attendance at the Convention. Where a Local Union pays for the
expenses or the salary, wages, or lost time, not including vacation
pay, of one of its delegates, it shall pay for the expenses or the
salaries, wages, or lost time, not including vacation pay, of all of
its delegates.
(N) Delegates of Local Unions which as of the first day of the
Convention are delinquent for more than one month's fees and monthly
per capita tax, or any part thereof, shall not be seated at the
Convention.
(0) The officers of the International Union shall be delegates to the
Convention and shall attend at the expense of the International Union.
International officers may not make nominations or vote in the
election of International officers unless they are delegates to the
Convention pursuant to Article 15(E).
(P) In recognition of the services and contributions to the
International Union of its retired officers, retired International
officers may attend regular International Conventions as fraternal
delegates.
ARTICLE 16
Regular International Convention Procedure
(A) The proceedings of the regular Convention shall be governed by
this Constitution and the rules adopted at each Convention. The rules
adopted at the preceding regular Convention shall be in full force
from the opening of the Convention until new rules are adopted. Each
Convention may adopt rules for the conduct of its business not in
conflict with the provisions of this Constitution. The Convention
shall be conducted in accordance with common parliamentary procedure
designed for the conduct of orderly and democratic meetings, unless
otherwise provided by this Constitution or by the Convention rules.
(B) It shall be the duty of the International President to preside at
the Convention and conduct it in accordance with this Constitution and
Convention rules. In the absence of the International President, the
International Secretary-Treasurer shall preside, provided that, in the
absence of both the International President and International
Secretary-Treasurer, the seniority provisions of Article 17(Q) shall
govern as applicable.
(C) The International Secretary-Treasurer shall act as Secretary of
the Convention. He or she shall be responsible for having a record
kept of the proceedings of the Convention, and shall publish full
proceedings of the Convention in convenient form and furnish one copy
to each delegate to the Convention, each chartered Local Union, and
members of the International Executive Board.
(D) The International Executive Board shall perform such duties for
the International President during the Convention as he or she may
require. The International Executive Board, International Executive
Committee, International President, and International
Secretary-Treasurer shall submit reports of their work to each regular
Convention. The International Secretary-Treasurer's report shall
include a financial report for the five fiscal years preceding the
Convention.
(E) The International President, in consultation with the
International Secretary-Treasurer, shall appoint all Convention
committees and they shall meet at his or her call. Each committee
shall consist of not less than five Local Union delegates. The
International Union may pay expenses connected with service on
committees which meet prior to the Convention.
(F) Resolutions proposed by Local Unions, following adoption by their
Executive Boards or membership, shall be submitted to the
International President not less than 45 days prior to the convening
of the Convention and, unless so submitted or as otherwise provided in
this paragraph, shall not be considered by the Convention. Only the
delegates of the Local Union proposing a resolution may question
whether such resolution was properly adopted by such Local Union.
Resolutions may be presented to the Convention by the International
Executive Board at any time.
(G) 1. Not less than 90 days prior to the convening of the Convention,
all amendments to the International Constitution proposed by Local
Unions, following adoption by their Executive Boards or membership,
shall be submitted to the International President. Each proposal shall
identify the Article to be amended and specifically set forth or
describe the proposed change. The International President shall refer
such proposed amendments to a Constitution Committee of not less than
five delegates, who shall be appointed by him or her not less than 20
days prior to the convening of the Convention. Unless so submitted or
as provided in Article 16(G)2, proposed amendments to the
International Constitution shall not be considered by the Convention.
Only the delegates of the Local Union proposing a Constitutional
amendment may question whether such amendment was properly proposed by
such Local Union.
2. The Constitution Committee shall meet prior to the convening of the
Convention, at the call of the International President, to consider
all amendments to the International Constitution proposed by Local
Unions. Proposed Constitutional amendments originating with the
International Executive Board may be submitted to the Constitution
Committee for its consideration or submitted directly to the
Convention. The Constitution Committee shall report its
recommendations respecting any proposed Constitutional amendments
referred to it to the Convention.
(H) Immediately after the opening of each Convention, on the first
day, the International President shall appoint the required number of
reading clerks, sergeants-at-arms, and messengers.
(I) An International Convention quorum shall consist of not less than
25 percent of the delegates officially seated by the Convention.
(J) The International Secretary-Treasurer shall prepare, for the use
of the Convention, a list containing the number of votes to which each
Local Union is entitled. Voting shall be by a voice, standing, or roll
call vote of the delegates. A roll call vote shall be conducted upon a
motion of a delegate, concurred in by 30 percent of the seated
delegates, or directed by the presiding officer if he or she is in
doubt as to the vote. When a roll call vote is conducted, the
International Secretary-Treasurer, in calling the roll of the Local
Unions, shall call out the Local Union's number and the number of
votes to which it is entitled, except as otherwise specified in
Article 17(H) of this Constitution, and the chairperson of each Local
Union delegation shall announce the votes of the delegates of that
Local Union. Any delegate may request the presiding officer to conduct
a roll call of the delegates of the Local Union which he or she
represents. The presiding officer may also order a roll call if he or
she is in doubt as to the Local Union's vote.
ARTICLE 17
Election of International Officers
(A) 1. Only active members of the International Union, who have been
active members of the International Union, or who were members of
another organization merged with or chartered by the International
Union, for a continuous aggregate of at least 36 months immediately
preceding the month in which the regular Convention is held, are
eligible to hold any office of the International Union, provided that
said members maintain continuous active membership.
2. Any officer or employee of the International Union or any of its
chartered bodies accepting any political office, or other employment
or position, which in the judgment of the International Executive
Board presents a conflict of interest, or which interferes with the
proper carrying out of duties or responsibilities as a Union officer
or employee, shall not be eligible to serve as an officer of the
International Union or any of its chartered bodies, and any such
officer or employee shall resign his or her office or position with
the Union immediately, upon order of the International Executive
Board, unless a leave of absence is granted with the approval of the
International Executive Board. Upon failure to resign as required
herein, the International Executive Board shall declare such office or
position vacant and a successor shall be elected or appointed in
accordance with the provisions of this Constitution.
3. Nothing contained in this Constitution shall be construed as making
any member ineligible to serve as an officer or delegate by virtue of
such member's holding a salaried position with the International Union
or any of its chartered bodies, or any organization approved by the
International Executive Board with which the International Union or
any of its chartered bodies has affiliated.
(B) The term of office for all International officers shall begin on
September I following the regular International Convention at which
they are elected and shall expire on August 31 following the next
regular International Convention, except in the case of a special
election to fill a vacancy, in which case the term of office shall
commence upon election by the International Executive Board and shall
continue for the balance of the predecessor's original term.
Ceremonial installation of newly elected officers shall take place
immediately following their election.
(C) The election of International officers shall be conducted at the
regular Convention. Nominations shall be held on the second day of the
Convention. The election of officers shall take place as the next
order of Convention business. International Executive Vice Presidents
and International Vice Presidents shall be numerically designated for
nomination and election purposes only.
(D) Nomination to International office shall be from the floor of the
Convention. It shall require at least 15 Local Unions represented at
the Convention to make a nomination, provided that, in nominating the
International Vice Presidents allocated to Canada, it shall require at
least five Canadian Local Unions represented at the Convention to make
a nomination for such offices. In making nominations, Local Union
action shall be determined by a vote of the delegates of the Local
Union, shall require the support of a majority of all seated delegates
of the Local Union, and shall be announced by the chairperson of the
delegation or such other spokesperson as may be designated by a
majority of the delegates. Any delegate may request the presiding
officer to conduct a roll call of the delegates of the Local Union
which he or she represents to verify the Local Union action. The
presiding officer may also order a roll call if he or she is in doubt
that a majority of the delegates support the Local Union action. No
Local Union may nominate more than one candidate for each office.
(E) Following the nominations, the nominees shall be required to
indicate their acceptance of the nomination. No member shall be
eligible to run for more than one International office, and no member
who declines to accept nomination for an office shall be eligible for
election to that office.
(F) There shall be an Election Committee which shall be composed of
not less than five Local Union delegates, who shall be appointed by
the International President and shall not be candidates for
International Union office. The Election Committee shall report on the
eligibility of the nominees to the Convention prior to the election
and conduct the subsequent election.
(G) Where there is only one nominee for an office, the unopposed
candidate shall be deemed elected by acclamation.
(H) Election of International officers shall be by standing vote of
the delegates, except that a roll call vote of the Local Unions shall
be conducted by the Election Committee if such a vote is authorized
pursuant to the provisions of Article 16(j) of this Constitution.
(I) Each candidate may be present or be represented by a delegate to
observe the count.
(J) A majority of the votes cast for any office shall be required to
elect. If no candidate receives a majority, a runoff election shall be
conducted. Such runoff election shall present to the delegates only
the names of the two nominees receiving the greatest number of votes.
(K) No funds of the International Union or any of its chartered bodies
shall be used to promote the candidacy of any person for any elective
office within the International Union.
(L) No publications sponsored by or supported by the International
Union or any chartered body shall be used to promote the candidacy of
any person for elective office within the International Union.
(M) All Convention minutes and other records pertaining to the
election of International officers, including membership lists used to
determine the number of delegates to which a Local Union is entitled
and the original completed credentials of the delegates, shall be
preserved by the International Secretary-Treasurer for at least one
year following the election.
(N) Any member desiring to protest the conduct of the election shall
lodge his or her protest in writing within 30 days of the election
with the International Executive Board.
(0) A report of the election of International officers shall be
published in the official membership publications of the International
Union.
(P) In the event of a vacancy in any office on the International
Executive Board, other than that of the International President, the
International President shall immediately make such vacancy known to
the International Executive Board. The International Executive Board,
by majority vote, may elect a successor. In filling a vacancy in the
office of an International Vice President in Canada, the International
Executive Board shall elect an active member who is nominated by an
International Vice President from Canada and is a resident of Canada
and a member of a Local Union chartered in Canada. Upon each
unsuccessful balloting, the name of the candidate receiving the fewest
number of votes shall be eliminated.
(Q) In case of a vacancy in the office of International President, the
International Secretary-Treasurer shall perform the duties of the
International President until his or her successor is elected. It
shall be the duty of the International Secretary-Treasurer to
immediately make known such vacancy to the International Executive
Board, which shall, within 30 days of such vacancy, by majority vote,
elect a successor. Upon each unsuccessful balloting, the name of the
candidate receiving the fewest number of votes shall be eliminated.
If, during a vacancy in the office of International President, there
is also a vacancy in the office of International Secretary-Treasurer,
the following order of seniority shall be applicable to the
responsibilities specified within this paragraph: the International
Executive Vice Presidents in the order of seniority on the
International Executive Committee or, in the event of equal seniority,
in the order of seniority on the International Executive Board; and,
then, the International Vice Presidents in the primary employment of
the International Union in the order of seniority on the International
Executive Board.
ARTICLE 18
International Revenue
(A) The operating revenue of the International Union shall be derived
as follows:
1. From a fee payable by Local Unions of $5.00 on each applicant for
membership or reinstatement;
2. From investments;
3. From a monthly per capita tax payable by Local Unions on each
active, affiliated, and nonactive member, based upon the membership on
the last day of each month. For the period from July, 1998 through
May, 1999, such per capita tax shall be in the amount of $8.04. For
the period from June, 1999 through May, 2001, such per capita tax
shall be in the amount of $8.54. For the period beginning June, 2001,
such per capita tax shall be in the amount of $9.04, except that the
International Executive Board shall have the authority, to the extent
that it deems necessary, to increase such per capita tax by an
additional amount not in excess of 504t, to be effective no earlier
than June, 2002. Additionally, the International Executive Board shall
also have the authority, following consultation with its professional
advisers, to increase such per capita tax, beginning with the month of
January, 1999, by such amounts as it deems necessary to fund any
increases after July 1, 1998, in the costs of the plans provided for
in Articles 27 and 28 of this Constitution;
4. From a fee payable by Local Unions of $100 on each new paid-up life
member; and
5. From all other lawful sources.
(B) From the monthly per capita tax on each member, $1.00 shall be
allocated to the United Food and Commercial Workers International
Union strike fund.
(C) Where employees pay service fees or dues to a Local Union pursuant
to agency shop, Rand formula, service fee provisions, or otherwise, a
Local Union, in recognition of services performed by the International
Union and in discharge of its obligations under the Constitution as a
Local Union, shall pay to the International Union monthly service fees
equal to the per capita tax payments otherwise due on such employees.
Where initiation service fees are collected by a Local Union in lieu
of regular initiation or reinstatement fees, the $5.00 fee set forth
in Article 18(A) 1 shall be remitted to the International Union.
(D) Payment of all fees and monthly per capita tax set forth in this
Article shall be made by each Local Union and received in the office
of the International Secretary-Treasurer no later than the tenth day
of the month following that for which they are due. All such fee and
monthly per capita tax payments shall be credited in the order in
which they are owed. If all such fees and monthly per capita tax, or
any part thereof, are not received by the tenth day of the month
following that for which they are due, the Local Union is delinquent
in its payment and shall be charged a late payment fee, equal to 2
percent of that portion of the last month's fees and monthly per
capita tax which has not been paid by the due date, and the
International Secretary-Treasurer shall send a notice of delinquency
by certified mail to the Local Union. If all such fees and monthly per
capita tax, or any part thereof, are not received by the tenth day of
the second month following that for which they are due, the Local
Union shall be subject to such remedial or corrective action as the
International Executive Committee may deem just and proper. A Local
Union may appeal any such remedial or corrective action to the
International Executive Board within 30 days, except where the
International Executive Committee has imposed a trusteeship, in which
case the procedures of Article 9(G) of this Constitution shall govern.
(E) All Local Unions shall pay to the International Union promptly,
when due, all financial obligations, which shall from time to time
become due and payable under the provisions of the Constitution and
laws of the International Union. The monthly per capita tax and fees
set forth in this Article are the property of the International Union,
and such funds may not be used by the Local Union for any purpose
other than their being transferred to the International Union in
accordance with this Article.
(F) The provisions of this Article shall apply to any intermediate
chartered body with any bargaining units and members directly
affiliated with the intermediate chartered body, rather than with a
Local Union. Such intermediate chartered body shall pay the per capita
tax and fees required by this Article on the members directly
affiliated with it and on the employees who are employed in bargaining
units directly affiliated with it and who pay service fees or dues to
the intermediate chartered body pursuant to agency shop, Rand formula,
service fee provisions, or otherwise.
ARTICLE 19
International Publications
(A) The United Food and Commercial Workers International Union shall
publish official membership publications and such other publications
as the International President, in consultation with the International
Executive Committee, may determine to be necessary or advisable to
assist in carrying out the objectives and principles of the
International Union.
(B) Members of the International Union shall receive an official
membership publication without subscription cost. Other persons may,
at the discretion of its editor, receive an official membership
publication by subscription at such rates as may be determined by the
International Executive Board, or on a complimentary basis.
(C) Any aggrieved member or chartered body may appeal editorial
decisions of the editor to the International Executive Committee,
subject to further appeal to the International Executive Board, whose
decision shall be final.
ARTICLE 20
Union Names, Symbols, and Marks
(A) The International Union shall develop and maintain names, symbols,
and marks of the Union, including the union logo, the union label, and
the union shop identification card. It is through these names,
symbols, and marks that the International Union and its functions,
products, and services have been and will continue to be recognized.
The International Union shall also copyright the content of any
International Union publications as it deems appropriate. All such
names, symbols, marks, and copyrights shall be the exclusive property
of the International Union. The International Executive Board may
prescribe rules, regulations, and standards governing the issuance,
use, or display of all such names, symbols, marks, and copyrights.
(B) Each chartered body shall be licensed to use, solely for the
purposes of such chartered body, and not for the private use of any
other entity, the name and logo of the United Food and Commercial
Workers, and to make limited excerpts from copyrighted publications of
the International Union. Any other use shall occur only in accordance
with any applicable rules governing such use as may be established by
the International Executive Board.
(C) The International Executive Board shall have the authority from
time to time to issue a union shop identification card or such other
indicia which indicates that a store, establishment, or facility is
under an existing collective bargaining agreement with the
International Union or any of its chartered bodies. Only
establishments recognized as Union by the laws and principles of the
International Union may display the union shop identification card or
other such indicia, provided the proprietor or persons duly authorized
to conduct such establishment shall have signed a collective
bargaining agreement with a chartered body or the International Union.
No chartered body shall sell, rent, lease, or charge any fee for the
union shop identification card or other such indicia.
(D) The union logo, union label, or any other identification of the
Union may be used only on products manufactured, processed, grown, or
handled by businesses whose employees are represented by the
International Union or any of its chartered bodies. No chartered body
shall sell, rent, lease, or charge any fee for the union logo, union
label, or other identification of the Union, without specific
authorization in writing from the International Executive Committee.
ARTICLE 21
Parliamentary Rules
(A) The Conventions of the International Union, meetings of the
International Executive Board, and meetings of all chartered bodies
shall be conducted in accordance with common parliamentary procedure
designed for the conduct of orderly and democratic meetings, unless
otherwise provided.
(B) Wherever a requirement for a majority vote, two-thirds majority
vote, plurality vote, or other such vote is set forth in this
Constitution, it shall be applied with respect to those present and
voting and/or all valid ballots cast and counted, as applicable,
unless the voting requirement in the applicable provision of this
Constitution expressly provides otherwise.
ARTICLE 22
Death Benefits
The UFCW Death Benefit Plan, as amended effective January, 1983, shall
be maintained m effect for those members who meet the eligibility and
participation requirements set forth in the Plan. The Plan may be
amended by majority vote of the International Executive Committee,
except that no such amendments shall be made which reduce benefits or
restrict eligibility.
ARTICLE 23
Collective Bargaining Contract
(A) The terms of proposed collective bargaining contracts or proposals
for renewal or any modifications of existing contracts, whether
proposed by the employer or the Local Union, shall be submitted to the
International President, upon his or her request, for review prior to
any membership action thereon. Such review shall be for the purposes
of determining whether the aforementioned terms conform to the
applicable established policies, practices, and objectives of the
International Union relating to wages, hours, and other working
conditions, either in the locality involved or nationally, and
enabling the International Union to discharge its obligations in the
event such proposed terms are found to be injurious to the best
interests of the membership of other Local Unions or the International
Union. If the International President exercises his or her authority
under this paragraph, terms of proposed collective bargaining
contracts or proposals for renewal or any modifications of existing
contracts shall not be submitted to the membership for its action
pending completion of review or following any disapproval by the
International President. Any membership action on the aforementioned
terms or proposals pending completion of review or following any
disapproval by the International President shall be void and without
effect.
(B) The International Union, in approving or disapproving the terms of
a proposed collective bargaining contract as above set forth, shall
not thereby become a party to the contract, or assume any liability
with respect thereto, unless the International Union, following
specific authorization of its International Executive Board, becomes a
party to and signs such contract.
(C) Local Unions shall, upon request, file executed copies of all
collective bargaining contracts, including all letters of
understanding, memoranda of agreement, or other addenda concerning
such contracts, and any subsequent modifications thereof with the
International Union.
(D) 1. The affected membership may submit initial proposals for a
collective bargaining contract or renewal of such a contract to the
President of the Local Union involved or to a representative or
committee designated by such President prior to the commencement of
negotiations. Initial proposals shall be referred to the affected
membership or a committee of the affected membership for approval, as
directed by the President of the Local Union.
2. Following the approval of such initial proposals by the affected
membership or a committee of the affected membership, the President of
the Local Union involved or his or her designated representative or
committee shall meet with the employer and endeavor to arrive at an
agreement. The current status of such meetings with the employer shall
be reported as regularly as practical to the affected members.
3. The proposal judged by the President or