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TABLE OF CONTENTS
I.
Name, Headquarters and Seal
II.
Purposes and Aims
III.
Jurisdiction
IV.
Membership
V.
Conventions
VI.
Representation at Conventions
VII.
Convention Fund
VIII.
Officers of the International Union
IX.
Election of Officers of the International Union
X.
Duties of President of the International Union
XI.
Duties of Secretary-Treasurer of the International union
XII.
Duties of Vice Presidents of the International Union
XIII.
Duties of Executive Board of the International Union
XIV.
Canada
XV.
Prohibited Activities
XVI.
Finances
XVII.
Councils
XVIII.
Educational Conferences
XIX.
Local Unions
XX.
Strikes
XXI.
Withdrawal and Military Service Cards and Work Permits
XXII.
Withdrawal Card Reciprocity
XXIII.
General Provisions
XXIV.
Rules
XXV.
Constitution is Paramount Law
XXVI.
Amendments to Constitution
Initiation of Members and Oath of Office
ADMINISTRATIVE POLICIES AND PROCEDURES
Appeal Procedure
Policy and Procedure for Mergers Between Local Unions
Policy and Procedure for Affiliations of Non-OPEIU
Organizations with OPEIU Local Unions
Uniform United States Disciplinary Procedure
Canadian Discipline Procedures
The sections in gray
above are not yet available.
ARTICLE I
Name, Headquarters and Seal
This organization shall be known as the Office and Professional
Employees International Union and shall be affiliated with the
American Federation of Labor and Congress of Industrial
Organizations and the Canadian Labour Congress. This International
Union shall continue in existence and cannot be dissolved while
there are five (5) Local Unions chartered thereby desiring to
continue its existence. The headquarters of the International
Union shall be located in New York, New York, provided; however,
the President with the approval of the Executive Board shall have
the power to relocate the International Union headquarters. The
International Union shall have a seal and a label, which seal and
label shall be adopted by Convention action.
ARTICLE II
Purposes and Aims
The International Union shall be devoted and dedicated to
promoting, protecting and championing the legitimate struggles of
professional, technical, office and clerical employees toward
achieving economic well-being, their general welfare and rights as
workers and citizens. In working toward the achievement of this
goal, the International Union will strive to bring the benefits of
union organization and collective bargaining to all professional,
technical, office and clerical employees coming under its
jurisdiction. It shall provide all possible aid, assistance and
guidance to its Local Unions and their members, to the end that
all these employees may share in the benefits resulting from
employment under the terms of signed collective bargaining
agreements which provide (1) adequate compensation for services
performed, (2) shorter hours of employment and proper pay for
overtime and holiday work, (3) the maximum possible job security
and assurance of advancement opportunities, (4) adequate annual
paid vacation and sick leave allowances sufficient to meet all
normal exigencies, (5) equitable grievances handling procedures
and (6) other justifiable employment protections. It is also the
purpose and aim of the International Union to inform, advise and
educate these employees in the principles and policies of this
organization and of the benefits and gains which they may achieve
through organization and collective bargaining; and of the
accomplishments of our organized members through an understanding
of the growth and development of the labor movement and its
position in our modern economic society, and to place in proper
perspective the vital role played by professional, technical,
office and clerical employees in the economy of our society.
ARTICLE III
Jurisdiction
This organization shall embrace within its jurisdiction all
employees in the United States, Canada and the Commonwealth of
Puerto Rico employed in any phase of professional, technical,
office, clerical and related work. The membership of this
International Union shall consist of all Local Unions, and the
members thereof, within the jurisdiction of and chartered by this
International Union.
ARTICLE IV
Membership
SECTION 1. No person shall be admitted to membership in any
Local Union of the International Union who advocates principles or
lends support to organizations or movements whose purposes and
objectives are contrary to the fundamental principles of the
established governments of the United States, Canada and the
Commonwealth of Puerto Rico, or are in conflict with the policies
of this International Union. No person shall simultaneously hold
membership in more than one Local Union of the International
Union. No person may transfer membership from one Local Union of
the International Union to another Local Union without the
approval of the President, unless such a transfer is the result of
a change in employment from one bargaining unit represented by the
International Union or a Local Union to another such unit. Members
shall hold membership in the International Union through the Local
Union in whose jurisdiction they are working or last worked,
except for members employed by the International Union or one of
its subordinate bodies, a Local Union or any Council or other
federation of Local Unions, who shall hold membership in such
Local Union as may be determined by the President. 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; provided, however that such
member shall pay a fee equal to the applicable dues to the other
Local Union(s) in whose jurisdiction the member is working and
such Local Union(s) shall pay a fee equal to the applicable per
capita tax to the international Union.
SECTION 2. MEMBERSHIP CLASSIFICATIONS. Membership
classifications shall be active, non-active and associate. No
member shall simultaneously hold more than one classification. A
person who is suspended or expelled; loses their basis for
membership due to an election; is no longer employed by the
International Union or one of its subordinate bodies, a Local
Union or any Council or other federation of Local Unions; has
resigned their membership; or any other person who is not a member
in accordance with one of the membership classifications provided
for in this Article; shall not be considered members for any
purpose, except as may be directed by the President; provided,
however, in the event that a decision deprives a person of the
basis upon which they hold membership, and that decision may be
appealed to any body other than the Convention of the
International Union, that person shall maintain membership until
the ruling on the appeal by the membership of a Local Union or the
Executive Board of the International Union upholds the deprivation
of the basis upon which membership is held.
SECTION 3. ACTIVE MEMBERSHIP
(a) An individual is eligible to be an active member in the
International Union and a Local Union if that individual is:
employed within a collective bargaining unit represented by the
International Union or any Local Union; employed by an employer
who is the subject of an active organizing effort by the
International Union or any Local Union; an employee or officer of
the International Union or one of its subordinate bodies; an
employee or officer of a Local Union or any Council or other
federation of Local Unions; a person who is not covered by any of
the foregoing categories who belongs to or joins a Local Union or
Guild which was chartered by the International Union with full
membership rights prior to July 1, 1996. Compliance with
reasonable membership requirements uniformly imposed by a Local
Union, and receipt by the Local Union of the current dues and any
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.
(b) An active member who is not actively working due to layoff,
illness, disability, or a contractually provided leave of absence,
and has applicable recall, reemployment or other employment rights
which have not expired under the collective bargaining agreement,
may elect (1) to continue to pay dues and maintain active
membership for the period for which said recall, reemployment or
other employments rights are valid or said grievance is pending,
(2) to apply for another classification of membership provided for
in this Article, if eligible, or (3) to apply for a withdrawal
card.
(c) Active members shall enjoy all rights and privileges of
membership in their respective Local Unions and in the
International Union including, without limitation, the right to
vote at all meetings and in all elections or referenda, to be
nominated for and hold any office, and to be elected a delegate to
the International Union Convention, if otherwise qualified under
their Local Union Constitution and By-Laws and this Constitution.
SECTION 4. NON-ACTIVE MEMBERSHIP
(a) An individual is eligible to be a non-active member if that
individual is a former active member of the International Union,
including an individual who has retired from the position which
made them eligible to be an active member, who desires to maintain
membership in a Local Union. Receipt by the Local Union of
whatever dues or fees it may establish for non-active members that
are currently due is required for an eligible individual to become
a non-active member. Continued payment of such dues and fees is
required to maintain non-active membership. One half of any such
dues or fees shall be paid to the International Union at the same
time that per capita taxes are due, but not in excess of the
applicable per capita tax.
(b) Non-active members may attend and address Local Union
meetings at the discretion of the Local Union President. Such
person shall have no voice or vote in International Union or Local
Union affairs, nor shall they be nominated for or hold an
International Union or Local Union office or Executive Board
position, or be elected a delegate to the International Union
Convention; provided, however, that if a Local Union has or does
provide in its Constitution and By-Laws that such a member has a
voice and/or a vote in an election of Local Union officers, such
provisions shall govern.
SECTION 5. ASSOCIATE MEMBERSHIP,
(a) The Executive Board shall be empowered to establish an
associate membership classification and determine the per capita
affiliation cost and all other conditions and regulations which
may be applicable to the category. Any Local Union may also
establish an associate membership classification which is
consistent with any Executive Board action concerning an associate
membership classification.
(b) Associate members may attend and address Local Union
meetings at the discretion of the Local Union President. Such
person shall have no voice or vote in International Union or Local
Union affairs, nor shall they be nominated for or hold an
International Union or Local Union office or Executive Board
position, or be elected a delegate to the International Union
Convention.
ARTICLE V
Conventions
SECTION 1. The International Convention shall be the governing
body of this International Union and it shall establish its laws
and policies in accordance with this constitution. The
International Convention shall be the legitimate source of all
authority and the final court of appeal. Between Conventions the
Executive Board, as hereinafter provided, shall be the governing
body of this International Union.
SECTION 2. Conventions of the International Union shall be held
each three (3) years and shall convene some time during the months
of May, June or July in a city designated by the Executive Board.
No Convention of this International Union shall be dispensed with,
unless so voted by a majority of the Executive Board of the
International Union, and by a two-thirds (2/3) vote of the Local
Unions at meetings called for such purposes and of which all
members have been duly notified.
SECTION 3. Special Conventions may be called by direction of
the Executive Board. In addition, special Conventions shall be
called if requested by at least fifteen (15) Local Unions located
in at least five (5) different states and/or provinces, provided
that a majority of all Local Unions approve such request. For the
purpose of making such request and granting such approval, Local
Unions shall act only by majority vote of members present at the
meeting considering same. A call for a special Convention shall
state the purpose, or purposes, of such special Convention, and
the business of such Convention shall be limited to the
consideration of such purpose or purposes.
SECTION 4. The Convention call and credential forms shall be
sent to Local Unions by the Secretary-Treasurer of the
International Union at least ninety (90) days prior to the opening
date of the Convention, except that in the case of special
Conventions they shall be sent at least forty-five (45) days prior
to the opening date of such special Convention. All Local Unions
sending delegates shall fill out such credentials, place the seal
of the Local Union thereon, and return the forms to the
Secretary-Treasurer of the International Union at least four (4)
weeks prior to the opening of the Convention, except that in the
case of special Conventions they shall be returned at least two
(2) weeks prior to the opening of such special Conventions.
Delegates whose credentials are not received within the time
limits prescribed may be seated by action of the delegates seated
at a Convention.
SECTION 5. Except as hereinafter specified, all resolutions,
petitions, memorials, or appeals to be considered by any
Convention shall be written and submitted in duplicate signed
copies to the Secretary-Treasurer of the International Union and
received by the Secretary-Treasurer not later than twenty-one (21)
days prior to the opening date of the Convention. Resolutions can
be submitted only by the Executive Board, Local Unions, Convention
committees and Convention delegates. Resolutions originating with
the Convention's committees must have relevance to the committees'
functions and can be submitted at any time prior to the submission
of such committees' final report. Resolutions originating with
individual delegates can be submitted at any time during the
Convention with the consent of the Convention by a two-thirds
(2/3) vote.
SECTION 6. A quorum shall consist of a majority of qualified
delegates in attendance at a Convention.
SECTION 7. Questions may be decided by a voice vote, division,
or show of hands, but if a call of the roll on any question is
demanded by one-tenth (1/10) of the delegates present, such
question shall be decided by roll call vote on the basis of voting
strength provided in Article VI, Section 1. SECTION 8. The
official proceedings of the Convention shall be approved by the
Executive Board, and a complimentary copy shall be provided to
each Local Union.
ARTICLE VI
Representation at Conventions
SECTION 1. Each Local Union in good standing shall have
one (1) vote in Convention for each one hundred (100) members or
major fraction thereof, on which per capita tax has been paid for
the twelve (12) month period ending the March 31 st preceding a
regular Convention, or paid for the twelve (12) months immediately
prior to the issuance of any call to a special Convention; except
that any Local Union having less than a major fraction of one
hundred (100) shall, nevertheless, be entitled to one (1) vote, if
a Local Union has paid per capita tax for less than all the months
of such a twelve (12) month period, and has not been suspended in
accordance with Article XV, Section 1 of this Constitution, that
Local Union shall be entitled to one-twelfth (1/12) of its total
vote for each month on which per capita tax was paid during the
applicable period.
SECTION 2. No Local Union which has been chartered during the
two (2) calendar months preceding the month of any regular or
special Convention, or during the month of such Convention, shall
be entitled to representation at such Convention.
SECTION 3. Each Local Union shall be entitled to as many
delegates as it has votes, except that no Local Union shall have
more than five (5) delegates present at a Convention. The delegate
or delegates from each Local Union may cast the entire vote of the
Local Union.
SECTION 4. The voting strength and representation of a Local
Union resulting from an amalgamation of two (2) or more Local
Unions, shall be based on the total per capita tax payments made
by the Local Unions forming such a Local Union.
SECTION 5. No Local Union may be represented at any Convention
of the International Union by proxy, nor may it delegate its
voting strength to any other Local Union, and no delegate to any
Convention shall represent more than one (1) Local Union.
SECTION 6. Each delegate to a Convention must have been in
continuous good standing with the Local Union such delegate
represents for at least twelve (12) months prior to the convening
of the Convention, unless the Local Union has been functioning
(the period when a Local Union shall be deemed to be
"functioning" shall be that commencing with the first
month for which per capita tax payments are regularly made) for
less than one (1) year, in which case such delegate must have been
in good standing during the period that the Local Union has been
so functioning. Each delegate shall be selected by vote of the
Local Union.
SECTION 7. Except as otherwise specified, all officers of the
International Union shall be entitled to participate fully in all
Conventions and shall be eligible for election to any office in
the International Union to be filled in any Convention. No officer
of the International Union shall be entitled to vote on any
Convention action unless such officer is a delegate (except that
the presiding officer of a Convention can vote to break a
tie).
SECTION 8. The Executive Board shall constitute the Credentials
Committee, and for that purpose shall meet in advance of the
Convention. The President of the International Union shall appoint
committees on Rules, Program, Resolutions, Constitution and Laws,
Legislation, Organization, Officer's Reports, Publicity and such
other committees as may be required. The Rules and Program
Committees shall also meet in advance of the Convention. Not more
than a total of three (3) Vice Presidents and/or International
Representatives, exclusive of the committee Chairperson, shall
serve on the same committee. The President shall endeavor to
achieve broad regional representation in the membership of such
committees.
ARTICLE VII
Convention Fund
SECTION 1. There shall be maintained a separate Convention Fund
consisting of all monies paid by the Local Unions to the
International Union in conformance with the applicable portion of
Article XVI providing for Local Union payments to such Fund.
SECTION 2. The International President shall extend financial
assistance from the General Fund to any Convention city host Local
Union or Local Unions in an amount as the circumstances may
warrant, not in excess of ten thousand dollars ($10,000.00) for
any one Convention.
SECTION 3. Each Local Union eligible to participate and
participating in a regular Convention by sending at least one (1)
delegate to such Convention shall be paid a portion of the total
amount in this Fund, based on monthly payments received from Local
Unions through the month of February of the regular Convention
year, and including any balance in such Fund, subject to the
following provisions.
SECTION 4. In determining the amount to be paid each eligible
Local Union participating in such regular Convention, the total
amount in the Fund as defined in Section 3 of this article shall
be divided by the total of all the straight map miles between each
and every eligible Local Union's charter city and the Convention
city.
SECTION 5. Each eligible Local Union participating in such
regular Convention shall be paid an amount equal to the result of
the division defined in Section 4 of this article (figured to the
next lower half cent) multiplied by the number of straight map
miles such Local Union is from the city in which such Convention
is being held. Any Local Union contributing to the Convention Fund
less than one (1) year prior to February of the Convention year
shall participate in the Fund at the rate of one-twelfth (1/12) of
a normal share for each month of participation.
SECTION 6. Included in each regular Convention call of the
International Union sent to each Local Union shall be a statement
indicating the amount which will be paid from this Fund to Local
Unions participating in such Convention in accordance with Section
5 of this article.
SECTION 7. Upon receipt of a properly executed delegate's
Convention credential, bearing the seal of the Local Union and
signatures of its President and Secretary-Treasurer, the
International Union Secretary-Treasurer shall issue to the Local
Union a check drawn on this Fund in the amount determined by
Section 5 of this article, and subject to conditions in Section 8
thereof.
SECTION 8. Local Unions which are not represented at such
Convention shall not share in this Fund for such Convention, and
any such Local Union which may have been paid from this Fund for
such Convention shall refund to the International Union for
redeposit in this Fund any such payments.
ARTICLE VIII
Officers of the International Union
SECTION 1. The officers of the International Union shall be a
President, a Secretary-Treasurer, who shall be the principal
executive officers, a Canadian Director and twenty-one (21) Vice
Presidents. These officers shall constitute the Executive Board.
All officers shall hold office until their successors are elected
and installed, as hereinafter provided.
SECTION 2. The President and Secretary-Treasurer shall be
elected from different Local Unions. Not more than one (1) Vice
President shall be elected from any one (1) Local Union. These
provisions shall not prevent any Vice President from being elected
from any Local Union where either the President or
Secretary-Treasurer is a member.
SECTION 3. No person can qualify as officers of the
International Union unless they are citizens of the United States
or Canada, are eligible to and are now and have been members in
continuous good standing of Local Unions of this International
Union for twelve (12) months prior to nomination and have either
worked within the jurisdiction of the International Union for at
least one (1) year within the five (5) years preceding nomination
to office, or have served a term as an officer or organizer of the
International Union or as an officer or business representative of
a Local Union. Eligibility to hold office in this International
Union shall not be limited to delegates to its regular Convention.
No person shall hold more than one (1) office in the International
Union.
SECTION 4. For the purpose of selection of seventeen (17) of
the twenty-one (21) Vice Presidents, the United States, Canada and
the Commonwealth of Puerto Rico shall be divided into ten (10)
regions:
Region I shall consist of the Provinces of Newfoundland, Prince
Edward Island, Nova Scotia, New Brunswick and Quebec in Canada.
Region II shall consist of Maine, Vermont, New Hampshire,
Massachusetts, Connecticut, Rhode Island, New York, New Jersey,
Pennsylvania, Delaware, Maryland, West Virginia, the District of
Columbia, and the Commonwealth of Puerto Rico.
Region III shall consist of Kentucky, Tennessee, Virginia,
North Carolina, South Carolina, Georgia, Florida, Alabama, and
Mississippi.
Region IV shall consist of Kansas, Missouri, New Mexico,
Oklahoma, Arkansas, Texas and Louisiana.
Region V shall consist of California, Colorado, Nevada, Utah,
Arizona and Hawaii.
Region VI shall consist of Oregon, Washington, Idaho, Montana,
Wyoming and Alaska.
Region VII shall consist of North Dakota, South Dakota,
Nebraska, Minnesota, Iowa, Wisconsin, Illinois, Michigan, Indiana
and Ohio.
Region VIII shall consist of the Provinces of British Columbia
and the Yukon in Canada.
Region IX shall consist of the Provinces of Alberta,
Saskatchewan, Manitoba and the Northwest Territories in
Canada.
Region X shall consist of the Province of Ontario in
Canada.
One (1) Vice President shall be selected from among the members
of Local Unions located in Region I; five (5) Vice Presidents
shall be selected from among the members of Local Unions located
in Region II; one (1) Vice President shall be selected from among
the members of Local Unions located in Region III; one (1) Vice
President shall be selected from among the members of Local Unions
located in Region IV; two (2) Vice Presidents shall be selected
from among the members of Local Unions located in Region V; one
(1) Vice President shall be selected from among the members of
Local Unions located in Region VI; three (3) Vice Presidents shall
be selected from among the members of Local Unions located in
Region VII; one (1) Vice President shall be selected from among
the members of Local Unions located in Region VIII; one (1) Vice
President shall be selected from among the members of Local Unions
located in Region IX; one (1) Vice President shall be selected
from among the members of Local Unions located in Region X.
SECTION 5. In addition to the Vice Presidents selected from
Regions, three (3) Vice Presidents shall be selected from among
the members of Local Unions located anywhere within the United
States and one (1) Vice President selected from among the members
of Local Unions located anywhere within Canada. In nominating and
in electing these Vice Presidents, the delegates should consider
the gender and ethnic diversity of the members of the Executive
Board that have already been elected.
SECTION 6. All officers and full-time paid organizers of the
International Union shall be ex-officio members of all Local
Unions with the privilege of participating in Local Union
meetings, but not voting; provided, however, such officers and
organizers shall retain and may exercise full rights of
participation in the Local Union in which they hold membership.
SECTION 7. Vacation allowances for regular full-time officers,
organizers and representatives of this International Union shall
be established by the International Union Executive Board.
SECTION 8. In the event that the Local Union in which an
officer of the International Union holds membership dissolves, is
suspended, or expelled, such officer shall be considered as a
member-at-large, provided regular monthly dues are paid directly
to the International Union at the rate established by the
dissolved, suspended or expelled Local Union. Such continuous
membership-at-large shall be construed as good standing for
purposes of election to office.
ARTICLE IX
Election of Officers of the International
Union
SECTION 1. Officers of the International Union shall be
nominated, elected and installed at each regular Convention of the
International Union, except for officers listed in Article XIV who
are nominated, elected and installed at the Canadian Convention.
The officers of the International Union shall subscribe by oath to
the following obligation:
I, _____________, do hereby sincerely pledge my honor to
perform the duties of my office as prescribed by the Constitution
of the Office and Professional Employees International Union. I
will deliver to my successor in office all books, papers and other
property of this International Union that may be in my possession
at the close of my official term. I will also deliver all property
of this International Union to the proper authority of the same
upon lawful demand. I will at all times devote my efforts to
further the objectives and best interest of the International
Union.
SECTION 2. The President and Secretary-Treasurer shall be
elected by delegates voting their representation and it shall
require a majority of votes cast to elect. In case no candidate
receives a majority, the candidate receiving the lowest number of
votes shall be dropped from subsequent balloting. Voting shall be
by secret ballot and thereafter tabulated.
SECTION 3. The thirteen (13) Vice Presidents to be elected from
Regions II, III, IV, V, VI, and VII as defined in Article VIII,
Section 4, shall each be nominated and elected by the Convention
delegates from the Local Unions located in each Region. After the
thirteen (13) Vice Presidents from Regions have been elected, the
three (3) Vice Presidents specified in Article VIII, Section 5
shall be nominated and elected by the Convention delegates from
all the Local Unions located in the United States. Delegates will
cast votes in accord with Article VI, Sections 1, 2, and 3. It
shall require a majority of votes cast to elect. If the specified
number of candidates in their respective regions do not receive
majorities, then further voting will be held among those not
receiving a majority in each region, dropping those receiving a
majority in each region or the lowest candidate if no candidate
receives a majority. If more candidates than the specified number
of Vice Presidents to be elected in any region received
majorities, the candidates declared elected in such region shall
be the required number receiving the highest majorities but not
including those who are involved in a tie vote which would bring
the total beyond the specified number to be elected, in which
event further voting will be held among all candidates in such
region except those declared elected; provided, however, if all
candidates receiving a majority are involved in a tie vote, the
lowest candidate shall be dropped in the subsequent voting. The
applicable process outlined above shall be repeated in each region
until the required number of Vice Presidents in each region have
been elected by majority vote.
SECTION 4. The election rules governing the election of
officers of this International Union, except for those elected
only from the members of Local Unions located in Canada, shall be
as devised and specified by regular Conventions, subject to the
provisions of this Constitution. In the event, however, that more
than one (1) candidate is nominated for more than one (1) office
from any one (1) Local Union, the balloting shall be conducted by
separate ballots for each office for which such candidates have
been nominated, in the order of the office of President,
Secretary-Treasurer, the thirteen (13) Vice Presidents elected
from their Region and the three (3) Vice Presidents elected from
all Regions. In the event that two or more eligible candidates
from the same Local Union are nominated for the office of Vice
President, only the candidate receiving the highest number of
votes required for election in the first election held shall be
deemed elected to the office and the other candidate(s) from the
same Local Union shall be automatically eliminated. The ballots,
official tally sheets and all other official records of the
election shall be held in the custody of the Secretary-Treasurer
who shall preserve them until the conclusion of the next triennial
Convention.
SECTION 5. Any vacancy in the office of President or
Secretary-Treasurer shall be filled by a majority vote of the
Executive Board. Any vacancy in the office of a Vice President
selected by Regions II, III, IV, V, VI and VII, or the three Vice
Presidents selected from among the members of Local Unions located
anywhere within the United States, shall be filled by a majority
vote of such Vice Presidents and the President and
Secretary-Treasurer. These officers shall select a qualified
person to fill such vacancy until the next Convention. A vacancy
in the position of Vice President in Regions II, III, IV, V, VI or
VII shall be filled from among the members of the Local Unions in
the Region in which the vacancy exists. A vacancy in the position
of Vice President selected from among the members of Local Unions
located anywhere within the United States, shall be filled from
among such members. Any vacancy in the office of Canadian
Director, a Vice President selected by Regions I, VIII, IX and X,
or the Vice President selected from among the members of Local
Unions located anywhere within Canada, shall be filled in
accordance with Article XIV, Section 8. Any officer of the
International Union entering the armed forces of the United States
or Canada shall be considered on leave of absence, without pay,
and that office shall not be considered vacant while the officer
is in such service, not to exceed the remainder of the term of
office.
SECTION 6. Officers of this International Union shall be
responsible to the chartered Locals for the fair and equitable
administration of the provisions of this constitution, and the
President shall provide for the satisfactory settlement of
grievances submitted by the chartered Locals on their behalf.
ARTICLE X
Duties of President of the International
Union
SECTION 1. It shall be the duty of the President to preside at
all Conventions; to interpret the Constitution; to exercise
supervision over the affairs of the International Union throughout
its jurisdiction; to sign all official documents; to travel
whenever required in the interest of the International Union; and
the President shall submit to each regular Convention a report of
acts and doings between Conventions.
SECTION 2. The President shall act as executive officer of the
Executive Board in all matters wherein authority is not especially
conferred upon other officers of the International Union. The
President shall be chairperson of the Executive Board and shall
have the power to convene the board at any time.
SECTION 3. The President shall direct organization for the
International Union, and in connection therewith, shall appoint,
with the advice of the Executive Board or Vice Presidents, all
organizers of the International Union, approve their reasonable
expenses, and establish their salaries and per diem allowances,
subject to appeal to the Executive Board and to such minima as may
be established by International Union Conventions; provided,
however, that the consent of the Executive Board shall be obtained
for the hiring of regular full-time organizers or representatives;
and provided further that, if the Vice Presidents of a region
register unanimous objection to someone who has been appointed in
their region by the President, the matter shall be referred to a
poll of the Executive Board.
SECTION 4. The President shall employ and fix compensation for
all necessary legal, technical and administrative help, together
with whatever personnel office help may be necessary for the
efficient conduct of the office.
SECTION 5. The President's approval shall be required for all
extraordinary or nonrecurring disbursements of the International
Union.
SECTION 6. The President shall establish educational and
research services.
SECTION 7. The President's approval shall be required on all
constitutions and bylaws adopted by Local Unions in accordance
with this constitution and all Local Unions shall submit their
constitutions and bylaws governing the Local Union membership to
the President of the International Union for approval. Such
approval shall be obtained prior to their being put into effect by
the Local Union.
SECTION 8. The President shall be editor of the official
publication of the International Union and shall be authorized to
employ such assistance as is necessary in connection therewith.
Such publication shall be published at the discretion of the
International Union Executive Board, and shall be called
"White Collar." It shall be the official organ of the
International Union for all purposes, including notices. The
publication shall be free to all dues-paying members.
SECTION 9. The President shall be paid a salary and allowed
such per diem allowances as established by International Union
Conventions, together with transportation and reimbursement for
all necessary expenses incurred on behalf of the International
Union.
SECTION 10. The President shall be a delegate of the
International Union to all Conventions, including Conventions of
the American Federation of Labor and Congress of Industrial
Organizations. The President is empowered to appoint delegates of
the International Union to any Convention, and to Conventions of
the American Federation of Labor and Congress of Industrial
Organizations or any department thereof, where deemed to be in the
best interest of the International Union to have additional
representation or to act in the President's behalf as a delegate
at any such Convention.
SECTION 11. Whenever any Local Union makes a request in writing
to the President to take over the affairs of the Local Union, the
President may appoint a trustee to assume control over the
affairs, operation, books, funds, records, assets and property of
such Local Union until such time as the President terminates the
trusteeship and turns the affairs of the said Local Union back to
the Local Union. Any request by a Local Union for the President to
appoint a trustee must be authorized by a vote of the executive
board of the Local Union, or by a vote of the union membership as
provided by the Local Union constitution and bylaws. Upon
appointment of any such trustee, the Local Union officers, agents
and members shall turn over to such trustee all books, funds,
records, assets and property of any kind, which shall be held and
managed by the trustee in trust for the membership of the Local
Union. The salary of the trustee, which shall be fixed by the
President, and any necessary expenses incurred by the trustee
during the period of the assignment, shall be paid by the Local
Union.
ARTICLE XI
Duties of Secretary-Treasurer
of the International
Union
SECTION 1. The Secretary-Treasurer shall keep a correct record
of the proceedings of all Conventions and of all meetings of the
Executive Board.
SECTION 2. The Secretary-Treasurer shall collect and issue a
receipt for all monies paid to the International Union and shall
make all proper disbursements by check, except that the
Secretary-Treasurer is authorized to maintain a petty cash account
of five hundred dollars ($500.00) from which authorized cash
disbursements are made. The Secretary-Treasurer must obtain and
keep on file a signed warrant from the President for any
extraordinary or nonrecurring disbursements. No funds of the
International Union shall be expended except to accomplish the
purposes of the International Union.
SECTION 3. The Secretary-Treasurer shall properly safeguard the
assets of this International Union and shall keep the funds
invested in the name of the Office and Professional Employees
International Union. The funds shall be invested or deposited in
banks or other financial institutions, in amounts not to exceed
the maximum insurable amounts with insurance provided by the
Federal Deposit Insurance Corporation or the National Association
of Credit Unions, in the United States or in a chartered bank in
Canada incorporated under the Dominion Bank Act or Credit Union
Act for all funds received from Canada. The funds may also be
invested in securities issued or guaranteed by the United States
Government or the Canadian Government. Whenever possible and
feasible, the Secretary-Treasurer shall endeavor to deposit such
funds in banks and other financial institutions that are under
contract to the Office and Professional Employees International
Union.
SECTION 4. The Secretary-Treasurer shall be adequately bonded
in a surety company through and in behalf of the International
Union, premium for such bond to be paid by the International
Union.
SECTION 5. The Secretary-Treasurer shall submit monthly to the
President an itemized statement showing all receipts and
expenditures and cash on hand; shall submit all books to the
certified public accountant designated by the Executive Board, as
prescribed by this constitution; shall at all times keep all books
and accounts open for inspection of the President and Executive
Board; shall make a quarterly financial statement and submit a
copy to all members of the Executive Board and to all Local
Unions; shall also make an annual financial statement indicating
the balance sheet of Canadian revenues and expenditures (including
the overhead costs) and submit a copy to all members of the
Executive Board and to all Local Unions in Canada.
SECTION 6. The Secretary-Treasurer shall notify all Local
Unions of their past due obligations and of their suspension in
the event of such.
SECTION 7. The Secretary-Treasurer shall issue charters to
Local Unions under the policies promulgated by the Executive
Board.
SECTION 8. The Secretary-Treasurer is authorized to inspect the
books, records and financial accounts of any Local Union whenever
deemed necessary to do so, having due regard for the convenience
of the Local Union, and Local Unions and their officers shall be
obligated to turn over their books, records and financial accounts
to the Secretary-Treasurer or duly designated representative upon
such request for the purpose of such inspection.
SECTION 9. The Secretary-Treasurer shall employ and fix
compensation for such office help as is necessary for the proper
functioning of the Secretary-Treasurer's office and duties,
including traveling auditors for the purposes of inspecting Local
Union books, records, and financial accounts whenever, in the
Secretary-Treasurer's judgment, it becomes necessary to do so,
provided, however, that approval of the International President
must be obtained for any amounts of compensation to be paid for
such employment and duties.
SECTION 10. The Secretary-Treasurer shall formulate and
establish uniform accounting procedures for Local Unions, to be
followed by all Local Unions.
SECTION 11. It shall be the duty of the
Secretary-Treasurer to promptly report to the bonding company
through which Local Union officers are bonded the failure of any
Local Union officer to transmit per capita taxes or financial
obligations due the International Union.
SECTION 12. The fiscal year of the International Union shall
end with the last day of February of each year.
SECTION 13. The Secretary-Treasurer shall be paid a salary and
allowed such per diem allowances as established by International
Union Conventions, together with transportation and reimbursement
for all necessary expenses incurred on behalf of the International
Union.
SECTION 14. The Secretary-Treasurer shall be a delegate of the
International Union to all Conventions, including Conventions of
the American Federation of Labor and Congress of Industrial
Organizations.
ARTICLE XII
Duties of Vice Presidents of the
International Union
SECTION 1. The Vice Presidents shall act as volunteer or
special organizers for the International Union and shall perform
such duties as may be determined and assigned to them by the
President in carrying out the objectives of the International
Union.
SECTION 2. They shall report monthly to the President,
informing conditions and progress and their plans for the
forthcoming month.
SECTION 3. They shall perform such other duties as the
Executive Board may assign to them.
SECTION 4. While performing assigned tasks, Vice Presidents not
employed as organizers shall be compensated in such amounts and
allowed such per diem allowances as established by the
International Union Conventions, together with transportation and
reimbursement for all necessary expenses incurred on behalf of the
International Union.
ARTICLE XIII
Duties of Executive Board of the
International Union
SECTION 1. Between Conventions the Executive Board shall
conduct the affairs of the International Union. With this
constitution as its guide, it shall take all action necessary to
carry out the objectives of this International Union.
SECTION 2. The Executive Board shall meet semi-annually at the
call of the President. It shall meet before and after each
Convention, and the members thereof shall be available for
meetings during any Convention.
SECTION 3. A quorum for the transaction of business at any
meeting of the Executive Board shall consist of a majority of the
members of the board. All members of the board shall be given
reasonable notification of Executive Board meetings. The actions
of the Executive Board shall be determined by majority vote of the
members present.
SECTION 4. On specific propositions and in response to request
by the President for a decision, the Executive Board members shall
vote by mail, or facsimile; provided, however, that in such cases
it shall require a majority vote of the entire Executive Board to
decide any issue.
SECTION 5. The Executive Board shall determine the policies
pursuant to which charters shall be issued by the
Secretary-Treasurer but shall consult with and obtain the opinion
of existing affected Local Unions in any particular city before
issuing an additional charter in such city.
SECTION 6. The Executive Board is authorized to determine the
conditions and terms under which suspended, expelled, dissolved or
disbanded Local Unions may be reconstituted or reinstated.
SECTION 7. The Executive Board shall determine jurisdiction
between Local Unions and settle all controversies respecting
jurisdiction between Local Unions.
SECTION 8. The Executive Board shall approve all investments of
funds of the International Union.
SECTION 9. The Executive Board shall have the power in
emergencies to levy assessments upon Local Unions or members of
Local Unions, such assessments not to exceed the equivalent of ten
cents (100) per month per member, provided that a majority of all
Local Unions approve of such assessment.
SECTION 10. The Executive Board is authorized to grant strike
lockout or victimization benefits to Local Unions from the funds
of the International Union upon terms and conditions established
by the Executive Board.
SECTION 11. It shall be the duty of the Executive Board to see
that the Secretary-Treasurer is adequately bonded in a surety
company to the International Union.
SECTION 12. In case of a vacancy because of resignation,
suspension, expulsion, death or incapacity of the President of the
International Union, the Executive Board shall meet within thirty
(30) days at the call of the Secretary-Treasurer to fill the
vacant office, which office shall be held until the next regular
Convention. Whenever the office of the Secretary-Treasurer becomes
vacant due to resignation, suspension, expulsion, death or
incapacity, the President shall have the authority to appoint a
temporary Secretary-Treasurer to serve with all rights, powers and
duties vested in the office under this Constitution such temporary
Secretary-Treasurer to serve until the Executive Board chooses a
successor, but in any event, not later than ninety (90) days from
the date of the first appointment by the President. The Executive
Board, by majority vote, shall fill such vacancy as soon as
possible after it occurs, which office shall be held until the
next regular Convention. Incapacity shall be defined as a medical
condition certified by a licensed physician as making the
President or the Secretary-Treasurer unable to perform the duties
of their office. Whenever any such incapacity should occur that is
not permanent, the temporary appointment by the Executive Board or
the President shall terminate as soon as the President or the
Secretary-Treasurer is certified by a licensed physician as able
to resume performance of the duties of their office. Should any
such non-permanent incapacity continue beyond ninety (90) days,
the Executive Board or the President shall have the power to make
successive temporary appointments which shall be valid only until
such time as the President or Secretary-Treasurer is certified as
able to resume the duties of their office.
SECTION 13. The Executive Board shall make a complete report of
its interim action to the regular Convention.
SECTION 14. The Executive Board shall appoint delegates
(other than the President and Secretary-Treasurer) to the
Conventions of the American Federation of Labor and Congress of
Industrial Organizations or departments thereof.
SECTION 15. In the case of Local Unions amalgamating, the
Executive Board shall be empowered to waive that portion of
Section 3 of Article XIX of this constitution relating to
permitting the election to Local Union office only those persons
who have been in continuous good standing in their Local Union for
twelve (12) months.
SECTION 16. Three (3) members of the Executive Board may
request in writing a special meeting of the Executive Board. Such
request shall be addressed to the President, but in the event the
office of President is vacant or the President is incapacitated,
then to the Secretary-Treasurer, but in the event of vacancy or
incapacity in the office of Secretary-Treasurer, then the next
senior officer. The President or appropriate officer, as the case
may be, shall immediately poll the members of the Executive Board
on the question of holding such a meeting, and upon majority vote
to hold such a meeting, the President or appropriate officer, as
the case may be, shall convene such meeting within thirty (30)
days from date of such majority vote.
SECTION 17. The International Union Executive Board shall
designate a certified public accountant who shall audit the books,
records and financial accounts of the International Union for at
least each fiscal year within three (3) months following the end
of each such year, a copy of each fiscal year's audit being
promptly supplied by the International Union Secretary-Treasurer
to each member of the Executive Board and to each Local
Union.
ARTICLE XIV
Canada
SECTION 1. CANADIAN AUTONOMY. The Office and Professional
Employees International Union fully recognizes the right of the
Local Unions within Canada to establish their own autonomous
national union if such is the desire of a majority of Office and
Professional Employees International Union members within that
country.
SECTION 2. CANADIAN DIRECTOR. (a) The Canadian Director, in
consultation with the International President, shall be
responsible for the coordination of organizing, education and
servicing activities in Canada. The Canadian Director shall also
be the spokesperson for Canadian members on matters affecting
Canadian membership. (b) In consultation with the International
President, and in accordance with existing constitutional
provisions, the Canadian Director shall authorize strike action in
Canada. (c) The Canadian Director shall be the editor of an
official publication of the International Union and shall be
authorized to employ such assistance as is necessary in connection
therewith. Such publication shall be published at the discretion
of the Canadian Director, and shall be called "The
Leader". The publication shall be free to all Canadian dues
paying members.
SECTION 3. CANADIAN CONVENTION. (a) Canadian Conventions shall
be held each three (3) years and shall convene some time during
the months of April, May or June in a city designated by the
Canadian National Committee. Canadian Conventions shall be held
for the purpose of establishing policy on matters affecting the
Canadian membership. Special Conventions may be called by the
Canadian National Committee.
(b) The Convention Call and credential forms shall be sent to
Local Unions by the Canadian Director at least ninety (90) days
prior to the opening date of the Convention, except in the case of
special Conventions where they shall be sent at least forty-five
(45) days prior to the opening date of such special
Conventions.
(c) Ail Local Unions sending delegates shall fill out the
credentials, place the seal of the Local Union thereon, and return
them to the Canadian Director at least four (4) weeks prior to the
opening of the Convention, except in the case of special
Conventions where they shall be returned at least two (2) weeks
prior to the opening of such special Conventions.
(d) Delegates whose credentials are not received within the
time limits prescribed may be seated by action of the delegates
seated at a Convention.
(e) Each Local Union shall be entitled to as many delegates as
it has votes, except that no Local Union shall have more delegates
than the number of delegates present at a Convention as permitted
in the Canadian Convention rules adopted by the prior Convention.
The delegate or delegates from each Local Union may cast the
entire vote of the Local Union.
(f) The Canadian National Committee shall constitute the
credentials committee, and for that purpose shall meet in advance
of the Convention. The Canadian Director may appoint additional
members to the Resolutions Committee. The Canadian Director shall
appoint any other committee as may be required.
(g) Except as hereinafter specified, all resolutions,
petitions, memorials to be considered by any Convention shall be
written and submitted in duplicate signed copies to the Canadian
Director and received by the Canadian Director not later than
twenty-one (21) days prior to the opening date of the Convention.
Resolutions can be submitted only by Local Unions, Convention
committees, the Canadian National Committee, and Convention
delegates. Resolutions originating with the Convention's
committees must have relevance to the committee's functions and
can be submitted at any time prior to the submission of such
committee's final report. Resolutions originating with individual
delegates can be submitted at any time during the Convention with
the consent of the Convention by a two-thirds (2/3) vote.
(h) A quorum shall consist of a majority of qualified delegates
in attendance at a Convention.
(i) Questions may be decided by a voice vote, division, or show
of hands, but if a call of the roll on any question is demanded by
one-tenth (1/10) of the delegates present, such question shall be
decided by roll call vote on the basis of voting strength provided
in Article XIV, Section 3, paragraph (k).
(j) A complimentary copy of the official proceedings of the
Convention shall be provided to each Local Union.
(k) Each Local Union in good standing shall have one (1) vote
in Convention for each one hundred (100) members or major fraction
thereof, on which per capita tax has been paid for the twelve (12)
month period ending two months prior to the month of a regular
Convention, or paid for the twelve (12) month-period ending two
months immediately prior to the month of any special Convention;
except that any Local Union having less than a major fraction of
one hundred (100) shall, nevertheless, be entitled to one (1)
vote. If a Local Union has paid per capita tax for less than all
the months of such a twelve (12) month period, and has not been
suspended in accordance with Article XV, Section 1 of this
Constitution, that Local Union shall be entitled to one-twelfth
(1/12) of its total vote for each month on which per capita tax
was paid during the applicable period,
(l) No Local Union which has been chartered during the two (2)
calendar months preceding the month of any regular or special
Convention, or during the month of such Convention, shall be
entitled to representation at such Convention.
(m) The voting strength and representation of a Local Union
resulting from an amalgamation of two (2) or more Local Unions,
shall be based on the total per capita tax payments made by the
Local Unions forming such a Local Union.
(n) No Local Union may be represented at any Convention by
proxy, nor may it delegate its voting strength to any other Local
Union, and no delegate to any Convention shall represent more than
one (1) Local Union.
(o) Each delegate to a Convention must have been in continuous
good standing with the Local Union such delegate represents for at
least twelve (12) months prior to the convening of the Convention,
unless the Local Union has been functioning (the period when a
Local Union shall be deemed to be functioning shall be that
commencing with the first month for which per capita tax payments
are regularly made) for less than one (1) year, in which case such
delegate must have been in good standing during the period that
the Local Union has been so functioning. Each delegate shall be
selected in accordance with the constitution and bylaws of the
Local Union.
(p) Except as otherwise specified, all officers of the
International Union shall be entitled to participate fully in all
Conventions and shall be eligible for election to any office in
the International Union to be filled in any Convention. No officer
of the International Union shall be entitled to vote on any
Convention action unless such officer is a delegate (except that
the presiding officer of a Convention can vote to break a
tie).
(q) The election rules governing the election of all the
officers shall be as devised and specified by regular Conventions,
subject to the provisions of this Constitution. In the event,
however, that more than one (1) candidate is nominated for more
than one (1) office from any one (1) Local Union, the balloting
for each office shall be conducted by separate ballots for each
office for which such candidates have been nominated, in the order
of the office of Canadian Director, the Vice Presidents of each
Region numerically and the Canadian Vice President seat reserved
for women.
(r) After each seat on the International Union Executive Board
has been filled, and subject to the next paragraph dealing with
International Union Region X, the Regional Officers shall each be
nominated and elected in accordance with the following procedures:
(1) Nominations are open for Regional Officers; (2) In the event
that there are more candidates than the number of positions to
fill, the vote shall be held as follows: 2.1 Delegates will cast
votes in accordance with their representation. 2.2 Ballots shall
be declared void if the following conditions are not met: 2.2.1.
Delegates shall cast votes for as many candidates as there are
positions to be filled. 2.2.2. Delegates shall not have the right
to vote for more candidates from the same Local Union than the
remaining number of positions that may be held by candidates from
that Local Union. 2.3 The candidates receiving the highest number
of votes shall be declared elected subject to the limitation in
the maximum number of Regional Officers from the same Local Union.
2.4 If that limitation prevents the election of a certain
candidate, the candidate from another Local Union receiving the
highest number of votes shall be declared elected. 2.5 In the
event candidates cannot be declared elected because of a tie vote,
a subsequent balloting shall be held only between these
candidates. Candidates may withdraw at any time before voting is
held.
(s) After each seat on the International Union Executive Board
has been filled, the Regional Officers representing Region X shall
each be nominated and elected in accordance with the following
procedures: (1) If the reserved seats for the Mid Canada Council
or the Central Ontario Council have not been filled with the
election of the members of the Executive Board, the following
procedure shall apply: 1.1 Nominations are open for the reserved
seat(s); 1.2 The candidate(s) receiving the highest number of
votes shall be declared elected. (2) The afore described process
shall apply thereafter.
(t) Voting strength at Canadian Conventions shall be the same
as provided in Article XIV, Section 3, paragraph (k) of the
International Union Constitution. The Canadian Director shall be
the chairperson at the Canadian Convention, or in the
chairperson's absence, one of the Vice Presidents.
SECTION 4. FINANCE. The Secretary-Treasurer shall make an
annual financial statement indicating the balance sheet of
Canadian revenue and expenditures (including overhead costs) and
submit a copy to all members of the Executive Board and to all
Local Unions in Canada. The Secretary-Treasurer shall deposit or
invest in a chartered bank, credit union or securities issued or
guaranteed by the Canadian Government, all funds received from
Canada.
SECTION 5. CANADIAN COUNCILS. Notwithstanding any other
provision of this Constitution, affiliation with an established
Canadian Council by each Local Union within the jurisdiction of
such Council shall be mandatory, except if a Local is exempted by
action of the International Union Executive Board. This exemption
is subject to a revision.
SECTION 6. CANADIAN CONVENTION FUND. Each Local Union
participating in the Canadian Convention shall receive an amount
of money from the Canadian Convention Fund in accordance with
Article XVI and the rules and regulations of such Fund.
SECTION 7. ELECTION OF CANADIAN OFFICERS
(a) The Canadian Director, one (1) Vice President per Region as
defined in Article VIII, Section 4 of this Constitution and
Bylaws, and the person on the Canadian Vice President seat
reserved for women shall be elected at the Canadian Convention and
shall sit on the Executive Board of this International
Union.
(b) The Canadian Director shall be elected by the delegates
voting their representation and it shall require a majority of
votes cast to elect. In case no candidate receives a majority, the
candidate receiving the lowest number of votes shall be dropped
from subsequent balloting. Voting shall be by secret ballot and
thereafter tabulated.
(c) Regional Vice Presidents shall each be nominated and
elected by the Convention delegates from the Local Unions located
in each Region voting their representation. They shall nominate
and elect one (1) Vice President in Region I; one (1) Vice
President in Region VIII; one (1) Vice President in Region IX; and
one (1) Vice President in Region X. It shall require a majority of
votes cast to elect. In case no candidate receives a majority, the
candidate receiving the lowest number of votes shall be dropped
from subsequent balloting. Voting shall be by secret ballot and
thereafter tabulated.
(d) The person on the Canadian Vice President seat reserved for
women shall be elected by the delegates voting their
representation and it shall require a majority of votes cast to
elect. In case no candidate receives a majority, the candidate
receiving the lowest number of votes shall be dropped from
subsequent balloting. Voting shali be by secret ballot and
thereafter tabulated.
SECTIONS. CANADIAN NATIONAL COMMITTEE
(a) The Canadian National Committee role shall be: to set
policies for Canada and make recommendations to Canadian Director
and Vice Presidents for action; to act as resolutions committee at
Canadian Conventions; to prepare agenda for Conventions; and to
assist in preparing documentation pertaining to education,
negotiations, public relations, organizing, staff training, union
communications, etc.
(b) The Canadian National Committee shall meet semi-annually at
the call of the Canadian Director. It shall meet before and after
each Convention, and the members thereof shall be available for
meetings during any Convention. (c) The Canadian National
Committee shall be composed of: the Canadian Director; one (1)
Regional Vice President in each of the Canadian Regions; one (1)
Vice President seat reserved for women; and twelve (12) Regional
Officers.
(d) These officers shall constitute the Canadian National
Committee. All officers shall hold office until their successors
are elected and installed, as hereinafter provided.
(e) A quorum for the transaction of business at any meeting of
the Canadian National Committee shall consist of a majority of the
members of the committee. All members of the committee shall be
given reasonable notification of Canadian National Committee
meetings. The actions of the Canadian National Committee shall be
determined by majority vote of the members present.
(f) In case of emergencies and in response to request by the
Canadian Director for a decision, the Canadian National Committee
members shall vote by mail or facsimile; provided, however, that
in such cases it shall require a majority vote of the entire
Canadian National Committee to decide any issue.
(g) Regions I, VIII and X shall each have five (5)
representatives and Region IX shall have three (3)
representatives.
(h) The Canadian Director, the four (4) Regional Vice
Presidents and the person on the Canadian Vice President seat
reserved for women shall be included in the numbers hereinabove
mentioned.
(i) The following requirement must be observed in the election
of the Regional Officers in Regions I and VIII: a Region shall
have no more than three (3) representatives from the same Local
Union.
(j) The following requirement must be observed in the election
of the Regional Officers in Region IX: the Region shall have no
more than two (2) representatives from the same Local Union.
(k) The following requirement must be observed in the election
of the Regional Officers in Region X: the Region shall have no
more than three (3) representatives from the same Local Union; at
least one (1) representative shall come from the Central Ontario
Council and at least one (1) representative shall come from the
Mid Canada Council.
(l) The Regional Officers shall each be nominated and elected
by the Convention delegates from the Local Unions located in each
Region voting their representation.
(m) Any vacancy in the position of Canadian Director, Vice
President seat reserved for women, Regional Vice President or
Regional Officer shall be filled by a majority vote of the
Canadian National Committee. The position of Canadian Director and
of Vice President seat reserved for women shall be filled from
amongst then current Canadian National Committee members.
(n) The limitation setting the maximum number of Regional
Officers from the same Local Union shall only apply in cases where
a Region is comprised of more than one Local Union.
(o) In case of a vacancy because of resignation, suspension,
expulsion, incapacity or death of the Canadian Director, the
Canadian National Committee shall meet within thirty (30) days at
the call of the President to fill the vacant office, which office
shall be held until the next regular Convention. Incapacity shall
be defined as a medical condition certified by a licensed
physician as making the Canadian Director unable to perform the
duties of the office. Whenever any such incapacity should occur
that is not permanent, the temporary appointment by the Canadian
National Committee shall terminate as soon as the Canadian
Director is certified by a licensed physician as able to resume
performance of the duties of the office.
(p) The Regional Officers shall subscribe by oath to the
following obligation;
I, ______, do hereby sincerely pledge my honour to perform
the duties of my office as prescribed by the Constitution of the
Office and Professional Employees International Union. I will
deliver to my successor in office all books, papers and other
property of this International Union that may be in my possession
at the close of my official term. I will also deliver all property
of this International Union to the proper authority of the same
upon lawful demand. I will at all times devote my efforts to
further the objectives and best interest of the International
Union.
SECTION 9. CANADIAN REGIONAL ORGANIZING COOPERATIVE FUND.
The Canadian Director, in consultation with the International
President and the Canadian Vice Presidents, shall be responsible
for the Canadian Regional Organizing Cooperative Fund.
Notwithstanding any other provision in the Constitution, the
Canadian Director shall have signing authority to all transactions
of such fund and shall submit to the Secretary-Treasurer, on a
quarterly basis, a report of all transactions. Investments related
to such fund shall be subject to Article XI, Section 3 of this
Constitution.
ARTICLE XV
Prohibited Activities
SECTION 1. The Executive Board shall have the power, within its
discretion and in accordance with the procedure hereinafter set
forth, to suspend, expel and discipline a member of any Local
Union, an officer of any Local Union or of the International
Union, or any Local Union itself, for violating the constitution
of the International Union, or for engaging in any activity or
course of conduct which it is deemed by the Executive Board to be
contrary or detrimental to the welfare or best interest of the
International Union, including but not limited to failure to
maintain any financial obligation owed or due to the International
Union; provided, however, that any Local which becomes three (3)
months in arrears in its per capita tax obligation to the
International Union shall be automatically suspended. In imposing
any penalty upon any member, officer, or Local Union, the
Executive Board shall not impose any monetary fine, but shall have
the authority to invoke any other penalty allowable by law.
SECTION 2. a. Any proceedings pursuant to Section 1 of this
article, except for suspension for nonpayment of per capita tax,
shall be commenced by the Executive Board by serving in writing a
statement of charges upon the party or parties affected. The
Executive Board, shall, upon written request of the party or
parties involved, schedule a hearing, and send notice there of
which shall specify the time and place of the hearing which shall
be held within a reasonable period of time at a place reasonably
suited to afford a fair opportunity for all parties to be
heard.
b. The Executive Board shall appoint and deputize any officer
or agent of the International Union to act as a hearing officer in
the matter or it may appoint and deputize any officers or agents
of the International Union to act as a hearing committee in the
matter. The hearing officer, or committee, shall conduct the
hearing and report in writing to the Executive Board with
findings, conclusions, and recommendations. At the hearing, any
person designated by the Executive Board may present evidence,
witnesses, documents, or statements in support of the charges. The
accused party or parties shall thereafter have an opportunity to
present evidence, witnesses, documents or statements in defense of
the charges.
c. The report of the hearing officer, or committee, shall be
served upon the party or parties affected at the same time it is
rendered to the Executive Board. Any party aggrieved shall have
the right to file objections in writing within two (2) weeks after
receipt of such report setting forth reasons why the report of the
hearing officer, or committee, should be rejected or adopted. The
Executive Board, at its next regular meeting, shall by majority
vote affirm, reject or modify such report and adopt such findings
and conclusions as it deems reasonable and proper in the
circumstances. Notice of the decision of the Executive Board shall
be provided to the affected parties.
d. It is further provided, however, that when any situation is
presented to and found by the President to be a matter of
emergency and that the interest of the International Union
reasonably require immediate action, the President is empowered to
suspend, pursuant to Section 1 of this article, any officer or
member of any Local Union or of the International Union, and is
further empowered to suspend any Local Union and appoint a trustee
over its affairs until such time as procedures hereinafter set
forth are complied with.
e. Any notice of suspension by the President directed to any
member or officer of any Local Union or the International Union
shall be accompanied by a statement in writing of the charges,
which shall therewith be referred to the Executive Board for
disposition in accordance with the regular procedures hereinabove
set forth. Such suspension shall remain in effect until such time
as the Executive Board renders its ruling.
f. Any notice of suspension by the President directed to any
Local Union shall state the reasons for such suspension and shall,
upon written request of the Local Union involved, direct that a
hearing be held within thirty (30) days at a time and place
selected by the President, to determine whether or not there is
sufficient reason to continue such trusteeship. The President
shall appoint and deputize any officer or agent of the
International Union as a hearing officer, or shall appoint and
deputize any officers or agents of the International Union to act
as a hearing committee, to conduct such hearing. The President may
appoint a representative to present evidence and arguments why the
suspension of the Local Union should be continued. The Local Union
affected shall have the right through its representatives to
present evidence and arguments in its behalf. Parties shall have
the right of representation by any member of the International
Union and the further right of advice and consultation of legal
counsel, if desired, but no attorney-at-law shall be entitled to
be present in any such proceedings. The hearing officer, or
committee, after receiving evidence and hearing arguments, shall
thereafter make a report to the Executive Board with findings,
conclusions and recommendations and serve a copy of such report on
the affected Local Union. The Executive Board shall thereafter,
after entertaining any objections which the affected Local Union
shall care to make in accordance with the procedures previously
set forth in this section, shall make findings and conclusions and
serve such findings and conclusions upon the affected Local Union.
Any Local Union shall thereafter have the right to petition the
Executive Board in any period of six (6) months or more for relief
from any such trusteeship.
SECTION 3. In the case of an expulsion or suspension of a Local
Union, or an officer of a Local Union or of the International
Union, all funds, properties, books and assets of the Local Union
or of the International Union in the possession of such expelled
or suspended Local Union, or of such Local Union officer, or of
such International Union officer, shall be turned over to a duly
authorized representative of the International Union and the
International Union shall have the right to possession of such
funds, properties, books and assets.
SECTION 4. In all cases where a Local Union has been suspended
property of the International Union when such dues are paid by a
member of a Local Union to a Local Union. Effective October 1,
2001, and payable in November 2001, the per capita tax collected
for and forwarded to the International Union shall be based on the
number of months' dues collected during each month by each Local
Union in accordance with the following schedule:
$8.37 each on 1 through 200, and
$7.92 each on 201 through 300, and
$7.87 each on 301 through 400, and
$7.57 each on 401 through 500, and
$5.87 each on 501 and over.
Effective October 1, 2002, and payable in November 2002, the
per capita schedule shall be as follows:
$8.67 each on 1 through 200, and
$8.22 each on 201 through 300, and
$8.17 each on 301 through 400, and
$7.87 each on 401 through 500, and
$6.17 each on 501 and over.
Effective October 1, 2003 and payable in November 2003, the per
capita schedule shall be as follows:
$8.92 each on 1 through 200, and
$8.47 each on 201 through 300, and
$8.42 each on 301 through 400, and
$8.12 each on 401 through 500, and
$6.42 each on 501 and over.
REGIONAL ORGANIZING COOPERATIVE FUND: An amount of fifty-five
cents (550) per member per month shall be transferred from per
capita tax received to the Regional Organizing Cooperative
Fund.
The Executive Board shall determine the allocation of the per
capita tax increases that become effective October 1, 2001,
October 1, 2002 and October 1, 2003 between the General Fund,
Strike Benefit and Defense Fund and/or the Regional Organizing
Cooperative Fund. The President may direct the transfer of
additional funds from the General Fund into the Regional
Organizing Cooperative Fund as may be required from time to time.
HOWARD COUGHLIN MEMORIAL SCHOLARSHIP FUND: An amount of four
cents (40) on each per capita tax unit received shall be
transferred from the General Fund into the Howard Coughlin
Memorial Scholarship Fund. The Executive Board shall make all
determinations concerning the administration of this Fund.
JOHN KELLY LABOR STUDIES SCHOLARSHIP FUND: Effective November
1, 1995, an amount of two cents (20) on each per capita tax unit
received shall be transferred from the General Fund into the John
Kelly Labor Studies Scholarship Fund. The Executive Board shall
make all determinations concerning the administration of this
Fund.
ROMEO CORBEIL MEMORIAL SCHOLARSHIP FUND: Effective March 1,1996
an amount of two cents (20) on each per capita tax unit received
shall be transferred from the General Fund to the Romeo Corbeil
Memorial Scholarship Fund. The Executive Board shall make all
determinations concerning the administration of this Fund.
U.S. EDUCATIONAL CONFERENCE FUND: Effective October 1, 2001,
and payable in November 2001, each Local Union shall contribute
thirty dollars ($30.00) per month to the Educational Conference
Fund subject to the rules and regulations to be established by the
Executive Board.
CANADIAN CONVENTION FUND: Effective October 1,2001, and payable
in November 2001, each Local Union shall contribute thirty dollars
($30.00) per month to the Canadian Convention Fund as per the
rules and regulations presently existing. This article shall not
prohibit the International Union or its Executive Board from
accepting revenues from other legitimate sources or from borrowing
money, or from raising funds by any legitimate means.
ARTICLE XVII Councils
SECTION 1. Where mutual interests require cooperative action by
Local Unions and their membership in effectuating the purposes and
aims of the International Union, the Executive Board of the
International Union may establish Councils of Local Unions within
limited areas or by industries; provided, however, that such
Councils shall be established only after (1) the jurisdiction of
such Council has been determined and defined by the Executive
Board, such jurisdiction to be limited to the Local Unions within
the area within which such Council can effectively carry out the
purposes of this article, and (2) the request or approval of a
majority of the Local Unions within the jurisdiction of the
Council as determined by the Executive Board.
SECTION 2. Affiliation with an established Council by each
Local Union within the jurisdiction of such Council shall be as
determined by action of each such Local Union, and on a voluntary
basis.
SECTION 3. The Constitution and By-Laws of all Councils, and
any proposed amendments thereto shall be submitted for the
International Union President's examination, correction and
approval before final adoption. Such Constitution and By-Laws or
Amendments thereto must be approved by at least two-thirds (2/3)
of the members voting except in the case of dues, per capita tax,
and individual member assessments which shall require the approval
of at least a majority of the members voting. Voting on these
questions shall be at meetings of the respective Local Unions
affiliated with the Council, of which meetings notice has been
sent to all members in writing by mail or other appropriate notice
at least ten (10) days before date of meeting.
SECTION 4. All of the provisions of the constitution of the
International Union relating to Local Unions, their officers and
members shall, insofar as they are applicable and adaptable, apply
to and control all Councils of the Office and Professional
Employees International Union.
SECTION 5. Each Council shall determine the proportion and
method of representation therein of Local Unions within its
jurisdiction, and the revenues to be collected from its affiliated
Local Unions to maintain and carry on the work of the
Council.
SECTION 6. Each Council shall secure a bond by a bonding
company and under a bond approved by the Secretary-Treasurer of
the International Union to cover the Secretary-Treasurer of the
Council.
SECTION 7. The Secretary-Treasurer of each Council shall render
a quarterly statement of receipts and disbursements to each
affiliated Local Union within its jurisdiction and to the
International Union Secretary-Treasurer.
SECTION 8. Each Council shall, at the close of each calendar
quarter, supply the President of the International Union with a
complete report of its activities.
SECTION 9. The constitution and bylaws of each Council shall
specify the extent of its functions in relation to its affiliated
Local Unions; but no Council shall exercise any function which
would violate the rights, duties, authority or control otherwise
delegated in the International Union constitution or the
constitution and bylaws of any of the Local Unions affiliated with
such a Council.
SECTION 1 0. Councils may through appropriate provisions in
their Constitution and By-Laws provide for the levying of
assessments upon their affiliated Local Unions in case of
emergency. When such assessments are paid from the Local Union
treasury without individual member assessment, no further action
is required by such Local Unions. When any assessment is to be
paid by members, it shall be required that a majority of all
affected members present and voting must approve. Voting on the
question by members shall be by secret ballot and shall be at
meetings of the respective Local Unions affiliated with the
Council, with notice of such meetings having been sent to all
members in writing, at least ten (10) days before date of meeting.
All assessments shall be subject to the approval of the President
of the International Union in advance of being levied.
ARTICLE XVIII
Educational Conferences
SECTION 1 . The Executive Board may establish educational
conferences and define geographical areas to be covered by such
conferences. Such conferences shall be established for the sole
purpose of educating Local Union officials and members in trade
union policy and practice.
SECTION 2. Each Local Union within a geographical area embraced
within an educational conference as defined by the Executive Board
may send as many delegates to conference meetings as it desires.
Educational Conferences shall meet not less than once each year
during the years in which an International Convention is not held.
During years when Conventions are held, Educational Conferences
may be convened at the call of the Executive Board for the day
prior to the opening of the Convention to assemble as a general
Educational Conference.
SECTION 3. EDUCATIONAL CONFERENCE FUND (U.S.). Each Local Union
participating in an educational conference shall receive an amount
of money from the Educational Conference Fund in accordance with
Article XVI and the rules and regulations of such Fund.
ARTICLE XIX Local Unions
SECTION 1. In order to establish a Local Union, at least
twenty-five (25) members working within the jurisdiction of the
International Union must apply to the Secretary-Treasurer of the
International Union for a charter and pay a charter fee of fifty
dollars ($50.00) for the charter and initial supplies. Such
charter if granted shall thereafter be installed by the
Secretary-Treasurer or th |