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H.E.R.E.I.U. Constitution CONSTITUTIONOF THE Hotel Employees & Restaurant Employees International UnionAffiliated with AFL-CIO Canadian Labour Congress AMENDED BY The 43RD GENERAL CONVENTION LOS ANGELES, CALIFORNIA JULY 15-19, 2001 EFFECTIVE SEPTEMBER 19, 2001 Headquarters 1219-28th Street, N.W., Washington, D.C. 20007
TABLE OF CONTENTS CONSTITUTION
_________________ ARTICLE I—NAME AND OBJECTSection 1. Name. This organization shall be known as the Hotel Employees and Restaurant Employees International Union. Section 2. Object. The object of this International Union shall be to organize all persons within its jurisdiction for the economic, moral and social advancement of their condition and status in life. It shall also be the purpose of this International Union to promote efficient service to the public, and the best interests of the industries in which its members are engaged. Section 3. Jurisdiction. The International Union shall exercise jurisdiction over all persons engaged in the preparation, handling or serving of food and beverages, or otherwise engaged in the performance of public housekeeping services, including all persons in related employment within the hotel, food and beverage service industries, airports, convention centers, sports facilities, and casino and gaming industries, and theme parks, or other persons when the security of the bargaining position requires the organization of such persons; and shall include all other persons employed in any other industries or establishments where, in the opinion of the President, the organization of such persons would be beneficial to and in the best interests of the International Union. This shall embrace persons so engaged in hotels, apartment hotels, motels, residential clubs, and summer or winter resorts whether operated by private industry or public authority; in restaurants, cafes, clubs, taverns, cafeterias, bars and grills, and similar food and beverage service establishments in industrial cafeterias, and other industrial feeding services in institutional food and beverage establishments operated by hospitals, universities, fraternal associations, and the like in food and beverage establishments maintained by federal state, city and county or other units of government; in casino and gaming industries; in theme parks; in food and beverage service establishments leased or owned in stadiums, baseball parks, race tracks and at similar public functions; in food and beverage establishments operated in or by department stores, drug stores and variety stores; in railroad dining cars or buffet cars, inland steamships, airline in-flight catering, and air, bus and railroad terminals; in all other establishments providing food, beverages and lodging to the public; and in all other establishments where, in the opinion of the President, the organization of such persons would be beneficial to and in the best interests of the International Union. Section 4. Dissolution. This International Union may not be dissolved as long as three (3) Local Unions or more oppose such dissolution. Section 5. Short Titles. Official titles of this International Union may be referred to throughout this Constitution by shorter terms as indicated herein, and wherever such terms are used, they shall have the same meaning as the full official title. Hotel Employees and Restaurant Employees International Union may be referred to herein as "International Union" or "International." Local Union may be referred to as "Local." Joint Executive Board may be referred to as "Joint Board." General Executive Board may be referred to as "Board." References to a state of the United States shall also pertain to a province of Canada or a territory of the United States. The General Convention of the International Union may be referred to as "Convention" or "General Convention." The General Office of the International Union may be referred to as "Headquarters" or "General Headquarters." The use of the singular term in connection with a member or subordinate body of the International shall not preclude the application of the phrase wherein such term is used to apply to more than one such person or subordinate. Wherever the terms "subordinate bodies," "subordinates," or "affiliates" are used, such terms shall be deemed to include Local Unions, Joint Executive Boards, District Councils and State Councils, and any other organization established or chartered by the International Union. ARTICLE II—INTERNATIONAL CONVENTIONSSection 1. Convention Date. The next Convention shall convene in June, 2006, and every five (5) years thereafter. The General Executive Board may vary the Convention date by not more than sixty (60) days. Section 2. Convention to be Supreme Body. The Convention of this International Union shall be the supreme governing and legislative body of the Hotel Employees and Restaurant Employees International Union, and shall have the power to nominate and elect General Officers; to promulgate administrative, organizational, economic and political policies; to hear appeals; and to amend the Constitution of the International Union. Section 3. Choosing Convention City. The President shall recommend to the General Executive Board the location of the General or any Special Convention. The Executive Board shall then accept or reject the recommendation of the President. Section 4. Quorum. One third (1/4) of the delegates seated at the Convention shall constitute a quorum. (a) Questions may be decided by division or a show of hands. If a roll call is demanded by one fourth (1/4) of the delegates present, each delegate's vote shall be cast in accordance with Section 15 hereof. (b) No proxies shall be allowed in the Convention. Section 6. Qualifications of Delegates. Delegates to the Convention must possess certified credentials. They must have been members of the International Union for two (2) years immediately preceding the Convention and of the Local Union they represent for sixty (60) days immediately preceding the Convention; excepted from this rule shall be delegates whose Locals have not been in existence for such length of time. No member ineligible to hold a Local office by the terms of this Constitution or the Local Union's bylaws shall be eligible to serve as a Convention delegate. Section 7. General Officers as Delegates. Members of the General Executive Board who are not elected delegates of any Local Union shall, by virtue of their office, be dele-gates-at-large with voice and vote at all Conventions, except that they may not vote in the election of officers of the International Union. Section 8. Requisites for Representation of Locals. No Local Union shall be permitted representation in a Convention unless it has been chartered at least sixty (60) days and has paid at least one month's per capita tax. No delegate shall be seated from any Local Union that is two (2) months or more in arrears in payment of per capita to the International Union. Section 9. Election of Delegates. (a) Each Local Union shall elect delegates by secret ballot among the members in good standing of the Local Union. All delegates must be elected within the three (3) year period immediately preceding the Convention. With regard to Canadian Locals, all delegates must be elected within the five (5) year period immediately preceding the Convention. The Local Union shall mail to each member in good standing at the member's last known home address a notice or notices of the time, date and place and the manner of submitting nominations for delegates, which nomination shall be held not sooner than fifteen (15) days from the giving of notice, and the time, date and place of the election, which election shall be held not sooner than fifteen (15) days from the giving of notice. Delegates may be elected at the Local's regular election for officers, or at special elections. The procedure for the election of delegates shall be the same as the procedure for the election of officers of the Local Union. Notwithstanding anything contained herein to the contrary, if the Local Union's bylaws so provide, officers of Local Unions shall be delegates to all Conventions by virtue of their office, provided that such officers have been elected within three (3) years immediately preceding the Convention (or five [5] years for Canadian Locals), and provided that notices of nominations and elections specify that the office in question includes the position of delegate to the Convention and further that the ballot for the election of said officer includes the Convention delegate designation with the title of the office. The Local Union shall send the names and addresses of the elected delegates to the Secretary-Treasurer at least ninety (90) days prior to the date of the Convention, unless the Local Union has received a written waiver of this requirement from the President. (b) In the event an elected delegate is unable or unwilling to serve, a new delegate from that Local shall be appointed pursuant to the bylaws of the Local Union with regard to the " filling of vacancies of offices. Said appointed delegates shall be counted for the purpose of minimum delegations and shall have full voice and vote except that they may not vote in the election for General Officers or Vice Presidents. The Local's votes in the election shall be divided among the elected delegates from the affected Local. (c) With regard to a Special Convention called due to a vacancy in the office of President or to consider a merger, a Local Union will send a minimum of one (1) delegate who may be elected by secret ballot at a regular meeting or special membership meeting after notice to the membership of the purpose of the meeting. Section 10. Expenses of Delegates. The expenses of delegates to the Convention shall be borne by the Local Unions. Such expenses shall be determined in accordance with the Local bylaws. The expenses of the General Executive Board shall be borne by the International Union. Section 11. Credentials of Delegates. The credentials of delegates to the Convention shall be upon the forms furnished by the Secretary-Treasurer, and shall bear the seal of the Local and the signatures of its President and Secretary. The Secretary-Treasurer shall preserve for one (1) year the credentials of the delegates. Section 12. Credentials Committee Rulings. A Credentials Committee shall be appointed by the President for each Convention; it shall judge the credentials and eligibility of all delegates pursuant to this Constitution. Delegates approved by the committee shall be seated unless a challenge from the floor is sustained by the Convention as to any particular delegate. Delegates not approved by the committee may appeal to the Convention for a final ruling. All challenges of the committee's decisions shall be made immediately after the committee has made its report. Section 13. Poll List to be Prepared. The Secretary-Treasurer shall prepare, for the use of the Convention, a printed poll list containing the number of votes the delegates from Local Unions are entitled to, based on the average membership for the twelve month period from October through September preceding the Convention for which per capita tax has been paid. Section 14. Votes and Delegates. (a) Each member of the General Executive Board, who is a delegate-at-large by virtue of office, shall have one vote, except that delegates-at-large may not vote in the election of officers of the International Union. (b) The number of votes and delegates to which each Local shall be entitled shall be based upon its membership in accordance with the following table: Number of Delegates Number of Members
Votes Minimum Maximum For each additional 500 members, the Local shall have three (3) additional votes. No Local shall be entitled to more than 15 delegates. (c) Local Unions in trusteeship shall not be entitled to send delegates to the International Convention. Section 15. Division of Votes Among Delegates. The total number of votes to which a delegation is entitled shall be divided equally among the members of the delegation; excepting that where such division results in a fraction, the total of such fractions may be allotted by the Credentials Committee to some of the delegates in units of one vote additional for each of such delegates. In no event may a Local's vote be divided among less than the minimum number of delegates required. Section 16. Special Conventions. The President may, with the approval of two-thirds of the Executive Board, call a Special Convention. A Special Convention shall have the same power and authority as a General Convention, except that it may not nominate and elect General Officers other than the filling of a vacancy in the office of President. Any action taken by a Special Convention shall have the same force and effect as if such action were taken by a General Convention. The Secretary-Treasurer shall give at least thirty (30) days' notice of a Special Convention to the Local Unions. Said notice shall state that the Special Convention may act upon all matters upon which a General Convention may act, except for the nomination and election of General Officers other than the filling of a vacancy in the office of President. Notwithstanding anything to the contrary set forth hereinabove, the President, with the approval of two-thirds of the Executive Board, may call a Special Convention for a specific purpose or purposes, which purpose or purposes shall be set forth in a notice of the Special Convention. In such case, the Special Convention's power and authority shall be limited to considering and acting only upon matters within the scope of said notice. The term "Convention" or "General Convention" as used in the sections of this Article other than Section 1, and as used in each and every other Article of this Constitution other than Article III and Article V, Section 4 and Article VI, Section 5 shall be deemed to include the term "Special Convention." The term "General Convention" as used in Article III shall be deemed to refer only to General Conventions at which all General Officers and Vice Presidents may be elected. Notwithstanding the provisions of Article XXVI, Section 1(a), a Local Union may submit a Constitutional amendment to a Special Convention by adopting such proposal at the regular or special meeting and forwarding same to the Secretary-Treasurer, which proposal must be received by the Secretary-Treasurer not later than fifteen (15) days prior to the opening of the Special Convention. Publication of such amendments in the official Journal shall not be required. No Special Convention shall be held within one (1) year from the date of the last preceding General or Special Convention, except for the filling of a vacancy in the office of President, nor within one (1) year prior to the earliest date at which the next General Convention may be held. ARTICLE III—OFFICERS AND THEIR ELECTIONSection 1. Definition of General Officers. The General Officers shall be a President, a Secretary-Treasurer, an Executive Vice President, six (6) General Vice Presidents, and a Canadian Director. Section 2. General Executive Board. The General Executive Board shall consist of the General Officers, fourteen (14) District Vice Presidents (one [1] from each of the fourteen [14] Districts established in this Article) and twenty-six (26) Vice Presidents-at-Large. In the event of a merger of any national or international union(s) into this International Union, the President, with the approval of the General Executive Board may appoint additional Vice Presidents-at-Large, not to exceed four (4) additional Vice Presidents-at-Large positions. Such Vice Presidents, if appointed, shall become members of the General Executive Board with all of the powers and authority of such office. These positions, if created, shall be subject to election at the next General Convention. Section 3. District Vice Presidents. Each District Vice President shall be a member of a Local Union within the applicable district. The following districts are hereby established: District No. 1. Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island. District No. 2. New York, Pennsylvania, New Jersey, Delaware, Maryland, District of Columbia. District No. 3. Ohio, Kentucky, West Virginia, Michigan. District No. 4. Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Virginia, Arkansas. District No. 5. Indiana, Illinois, Missouri. District No. 6. Colorado, Kansas, Utah, Arizona, New Mexico, Oklahoma, Texas. District No. 7. Minnesota, North Dakota, South Dakota, Nebraska, Iowa, Wisconsin, District No. 8. Washington, Oregon, Montana, Idaho. Wyoming, Alaska. District No. 9. California, Nevada. District No. 10. Eastern Canada (Ontario, Quebec, Newfoundland, Nova Scotia, New Brunswick and Prince Edward Island). District No. 11. Western Canada (Manitoba, Saskatchewan, British Columbia, Alberta, Northwest Territories, Yukon Territory). District No. 12. Hawaii and Pacific Ocean Areas. District No. 13. Commonwealth of Puerto Rico and Virgin Islands. District No. 14. Dining Car Employees. (a) The General Officers and Vice Presidents shall be elected at each Convention of this International Union and shall serve until thirty (30) days after the election of officers at the succeeding Convention. (b) The terms of all the General Officers and Vice Presidents elected at the Convention shall begin thirty (30) days after their election. (c) If a Vice President serves as an officer of a Local Union at the time of election or re-election as a Vice President, and subsequently is defeated for election or re-election as a Local Union officer, or resigns, or otherwise ceases to be a Local Union officer, that Vice President shall promptly tender a resignation to the President. This shall not apply if the Vice President is suspended from Local Union office because the Local Union is put into trusteeship. The President shall recommend to the General Executive Board that the Vice President's resignation either be accepted or rejected, and the General Executive Board shall make a final decision. Section 5. Election Procedure. (a) Any duly qualified delegate, including delegates-at-large, may place in nomination in open Convention the name of any person who has been a member in good standing of the Union for at least the twenty-four (24) months immediately preceding the Convention as a candidate for General Officer or Vice President. If the nominee is not present at the time of nomination, the nominee must have presented to the Secretary-Treasurer, in advance, a written agreement to be nominated. (b) Elections for General Officers and Vice Presidents shall be by roll call of all Convention delegates when there is more than one candidate for any office. A plurality of all votes cast shall be required for election. In the event of a tie vote between the top two or more candidates, any remaining candidates will be dropped and the election will be rerun. (c) The Secretary-Treasurer shall preserve for one (1) year all minutes and other records of the Convention pertaining to the election of officers. Section 6. Executive Committee. The Executive Committee shall consist of the General Officers and such others as are designated by the President. The Executive Committee may make recommendations to the General Executive Board. Section 7. Headquarters of International Union. The headquarters of the International Union shall be located at a place designated by the General Executive Board. The President, the Secretary-Treasurer, and the Executive Vice President shall have their office at the headquarters. ARTICLE IV—GENERAL EXECUTIVE BOARDSection 1. Members and Officers. (a) The General Officers and the Vice Presidents shall constitute the General Executive Board. (b) The President and Secretary-Treasurer shall act as the Chairman and Secretary, respectively, of the General Executive Board. Section 2. General Powers. The General Executive Board shall act as Trustees for, shall have all authority of the International Union, and shall exercise general supervision over the International Union, its property and all its subordinate bodies and members between Conventions. Section 3. Reserved Powers. All powers not specifically lodged in the Local Unions and other subordinate bodies by this Constitution, are reserved to the General Executive Board. Local Unions may exercise authority in matters not acted upon by the Board, excepting when contrary to the terms of this Constitution. Section 4. Power to Fill Vacancies. (a) A vacancy in the office of President shall be filled by a General or Special Convention. In the case of a Special Convention called for this purpose, the provisions of Article II, International Conventions, shall apply, except that the minimum number of delegates for each Local Union shall be one (1) delegate. The Secretary-Treasurer shall perform the duties of the office of President, and shall have the authority of that office until a successor is elected. A Special Convention to fill a vacancy in the office of President shall be held within six (6) months of the effective date of the vacancy unless the next General Convention is in twelve (12) months or less, in which case the vacancy shall be filled at that General Convention. The Secretary-Treasurer shall make arrangements for the Special Convention, with the approval of the General Executive Board. The President elected at the Special Convention shall take office immediately upon election. (b) A vacancy in any other General Officer position, or a vacancy in a Vice President position, shall be filled by the General Executive Board. Section 5. Action When Not in Session. In all matters requiring action by the General Executive Board when such Board is not in session, the Board may, upon request of the President, act by telegram, letter, long distance telephone, fax, E-mail, or other form(s) of communication; such action to have the same legal effect as when the Board acts in formal session. Section 6. Appointment of AFL-CIO Delegates. The General Executive Board upon recommendation of the President shall select the delegates to the convention of the American Federation of Labor and Congress of Industrial Organizations. The President, Secretary-Treasurer, and Executive Vice President shall be delegates. Section 7. Ownership Of Real Estate. All real estate of the International Union shall be held in the name of the International Union or any other entity designated by the General Executive Board upon recommendation of the President, which may purchase, lease, sell, assign or otherwise transfer or encumber the same by resolution of the General Executive Board authorizing the Secretary-Treasurer and President to execute the necessary documents. Section 8. Financial Transactions. The General Executive Board shall have the authority to invest or reinvest the funds of this International Union in such property, real or personal, tangible or intangible, as it shall consider desirable for the effectuation of the purposes and objectives of this Inter-national Union, and the interests of its members, or permit such funds to remain uninvested; such investment authority shall include, but not be limited to, the purchase, sale, assignment, exchange, transfer and delivery of any stocks, bonds or investments of any nature whatsoever. The Board is further empowered to make such loans either direct or indirect whether to individuals, Local Unions or organizations as are lawful and not inconsistent with this Constitution, with such security and with such arrangement for repayment as the Board may deem appropriate, and as the Board considers will effectuate the purposes and objectives of this International Union and the interests of its members. All such financial transactions shall be made or registered in the name of the International Union. The Board shall authorize the Secretary-Treasurer by specific resolution in each transaction, and a copy of such resolution attested to by the President shall be evidence of the Secretary-Treasurer's authority to act pursuant to the same. (a) When allowed by applicable law, the International Union is authorized to pay all the expenses for investigating services, employment of all counsel and other necessary expenditures in any cause, matter, case or cases where an officer, representative, employee, agent or one charged with acting in behalf of the International Union and/or its affiliates is charged with any violation or violations of any law or is sued in any civil actions (1) if a majority of the General Executive Board in its sole discretion determines that said charges or lawsuits are (a) unfounded, or (b) are politically motivated, or (c) were filed in bad faith in an attempt to embarrass or destroy the Union or the Union officer or representative, or (2) if a majority of the General Executive Board in its sole discretion determines that the expenditures should be made. (b) The provisions set forth in subsection (a) above shall also apply to such expenditures made by all affiliates other than Local Unions if the appropriate governing body of the affiliate in its sole discretion determines that the expenditures should be made. (c) When allowed by applicable law, a Local Union is authorized to pay any and all the above expenditures in any cause, matter, case or cases where an officer, representative, employee, agent, or one charged with acting in behalf of the Local Union is charged with any violation or violations of any law or is sued in any civil action or actions (1) if a majority of the Local Executive Board in its sole discretion, subject to the approval of a majority of the members present and voting at a regular or a special meeting, determines that said charges or law suits are (a) unfounded, or (b) are politically motivated, or (c) were filed in bad faith in an attempt to embarrass or destroy the Union or the Union officer or representative, or (2) if a majority of the Local Executive Board in its sole discretion subject to the approval of a majority of the members present and voting at a regular or special meeting, determines that the expenditure should be made. Section 10. Mergers. The General Executive Board shall have the authority to enter into agreements and arrangements with any other labor organization in behalf of the International Union for the purpose of effecting the absorption, amalgamation, merger or affiliation of or coordination with other labor organizations. However, an agreement with any other labor organization for absorption, amalgamation, or merger must be approved by majority vote of the delegates to a General or Special Convention. In the case of a Special Convention called for this purpose, the provisions of Article II, International Conventions, shall apply, except that the minimum number of delegates for each Local Union shall be =one (1) delegate. The General Executive Board shall have authority to take any and all action, without limitation, including the formation of District Councils, as it deems necessary to effectuate agreements entered into by the International Union in accordance with this Section. ARTICLE V—PRESIDENTSection 1. To Preside at Conventions. The President shall preside at all meetings of the International Union's Conventions. The President shall appoint all committees of the Conventions. Section 2. Chief Executive Officer. The President shall function as the chief executive officer of the International Union. Section 3. To Preside Over General
Executive Board and Executive Committee. The President shall preside at all meetings of the General Executive Board and the Executive Committee. The President may call a meeting of the Board or the Executive Committee whenever in the judgment of the President such meeting is necessary. Section 4. Report to the Convention. The President shall make a report to the General Convention on administration of the office and the general standing of the International Union. Section 5. To Interpret Constitution. The President shall decide all questions of law and shall interpret this Constitution whenever it becomes necessary to do so. Section 6. To Decide Controversies. The President shall decide controversies arising among subordinate bodies of the International, or the members or delegates of such subordinate bodies, even when such controversies are with the International Union. Unless otherwise provided in this Constitution, the decision of the President on such controversies shall be final and not further appealable. Section 7. To Enforce Discipline and Render Judgments. The President shall have authority to enforce discipline upon Local Unions and other subordinate bodies or members thereof, and to render judgment in cases appealed to the President, and to determine limits of jurisdiction of subordinate bodies other than as provided in Article XXI. Section 8. Suspension of Charters. The President shall have the power to suspend or revoke the charter of any Local Union, subject to appeal to the General Executive Board. Section 9. Cancellation of Membership. The President shall have authority, if protest is filed by a Local Union, to cancel the membership of a member who has secured membership in violation of this Constitution. A copy of such protest shall be served upon the member. Within ten (10) days after such service, the member may submit any evidence in writing. Upon the basis of the evidence received, the President shall have the authority to determine the question of the cancellation of membership. Section 10. Approval of the Bylaws of Subordinate Bodies. The President shall have the authority to pass upon and approve bylaws and amendments thereto of Local Unions and other subordinate bodies and to effectuate changes in bylaws to conform to federal, state, or provincial laws and this Constitution. The President shall interpret bylaws whenever it becomes necessary to do so. Section 11. Power to Negotiate Agreements. (a) The President shall have authority to negotiate and conclude wage contracts and agreements with motion picture studios, location work and road show employment companies, and also food, beverage and housekeeping employers in fairs, amusement and recreation areas, sports facilities, convention halls and similar activities. The President may negotiate national agreements with hotel or motel chains, restaurants, drug stores, railroad or airline companies, or any other employer or group of employers covering wages, hours, benefits and working conditions which agreements shall be binding on Local Unions affected. (b) The President may delegate the powers referred to herein to any representative or to a council created by the President. If a council is created it shall have such authority and work under regulations determined by the President. (c) Upon the conclusion of the contracts or agreements referred to above, the President shall have the power and authority to supervise and enforce such contracts or agreements, and shall have the authority to assign supervision and enforcement of such contracts or agreements to any Local Union which the President deems proper or to any representative or to the council referred to above. Section 12. Supervision of Joint Boards and Councils. Supervision over affairs of Joint Boards, District Councils and State Councils is vested in the President. All such organizations shall be required to obey lawful orders issued to them by the President. Section 13. Suspension of Local Bylaws. Upon the request of a majority of the Executive Board of a Local Union, and when, in the judgment of the President, the best interests of a Local Union or the International will be served by a temporary suspension of a Local Union's bylaws, in whole or in part, the President may declare such bylaws, in whole or in part, inoperative for a specific period. Section 14. Delegation of Authority. (a) Any duty or authority vested in the President by this Constitution may be delegated by the President to the Executive Vice President or to another General Officer whose actions shall have the same validity as the personal actions of the President. (b) Any administrative or judicial duty or authority vested in the President by this Constitution may be delegated by the President to a representative, whose action on such matters shall have the same validity as the personal actions of the President. Section 15. Appointment of Assistants. The President shall have the power to employ, retain or terminate such administrative, clerical, technical and professional assistants and/or assistance for any department within the International Union as the President may, from time to time determine. Section 16. Remuneration of Assistants. The salary, expenses, allowances and/or other remuneration of assistants and other staff personnel shall be established by the President with the approval of the General Executive Board. Said employees shall have no authority to expend any sums for expenses prior to such authorization. Section 17. Appointment of Other Employees. The President shall have the authority to appoint all other International Union employees, including but not limited to Organizers and Researchers of all classes. The salary, expenses, allowances, and/or other remuneration of such employees shall be established by the President with the approval of the General Executive Board. Said employees shall have no authority to expend any sums for expenses prior to such authorization. Section 18. Political Contributions. (a) The President shall have the authority to make expenditures from the special segregated fund established pursuant to Article XIII, Section 3(b). (b) The President, with the approval of the General Executive Board, shall have the authority to make expenditures from the General Fund for lobbying and other political purposes. Section 19. Mergers of Local Unions and Other Subordinate Bodies. The President, with the approval of the General Executive Board, shall have the power to merge Local Unions and other subordinate bodies under such terms and conditions and subject to such qualifications as the President may determine, taking into consideration such circumstances as financial conditions, jurisdiction, location and such other factors as appear appropriate in connection with the Local Unions and other subordinate bodies involved. Section 20. Routine Expenses. The President may authorize payment of all normal routine or recurring expenses incurred in the operation of the International Union, including, but not limited to, general office expenses, administrative and clerical salaries, salaries or compensation of other employees of the International Union, professional expenses, real and personal property taxes, and other types of taxes, interest payments and all other similar expenses of the International Union. The President may authorize payment of all other expenditures except that such other expenditures in excess of $ 5,000 shall be submitted to the General Executive Board for their approval. Section 21. Remuneration of the President. (a) The salary for the position of President has been $273,125 since September 1, 1995. This salary shall continue without change until the next Convention of the International Union. (b) In addition, the President shall receive such expenses and allowances and/or other remuneration as may be established by the General Executive Board. Such expenses may include expenses for the President's spouse while accompanying the President in the performance of the President's duties, or while said spouse is acting as a representative of the President. Any allowances provided to the President that are not expended in connection with the duties of the President shall be considered additional compensation. Section 22. The President shall receive no compensation from any Local Union, Joint Executive Board, or other subordinate body of the International Union. The President shall also receive no compensation from an HERE Trust Fund or other affiliated entity, but may receive reimbursed expenses from such other affiliated entity. ARTICLE VI—SECRETARY-TREASURERSection 1. General Duties. The Secretary-Treasurer shall keep correct minutes of the proceedings of the Convention and of the General Executive Board. The Secretary-Treasurer shall keep all documents, papers, letters, vouchers, and the International's seal and shall carry on correspondence between Locals and the Board. The Secretary-Treasurer shall supply official stationery to all officers or other officials of the International and shall furnish, in accordance with the Constitution, charters, forms, supplies, Constitutions, etc. The Secretary-Treasurer shall perform such other duties as ordered by the General Executive Board. Section 2. Supervision of Funds. The Secretary-Treasurer shall receive, and give receipt for, all funds of the International Union. The Secretary-Treasurer shall keep on file as itemized bills of expenses, and shall record all bills. The Secretary-Treasurer shall prepare and submit to the Local Unions a statement of receipts and expenditures for each calendar quarter, such statements to be sent within thirty (30) days after the end of each such quarter. All funds shall be deposited in a responsible bank in the name of the International Union. Section 3. Payment of Expenses. The Secretary-Treasurer is authorized to pay all expenditures approved by the President or the General Executive Board in accordance with the provisions of this Constitution. Section 4. Bond. The Secretary-Treasurer shall give bond with a surety company for the faithful discharge of the duties of the office in a sum established by the General Executive Board; which sum shall be in accordance with the provisions of applicable law. The expense of said bond shall be paid by the International Union; the bond shall be in the custody of the President. Section 5. Report to Convention. The Secretary-Treasurer shall make a complete report to the General Convention on the activities prescribed in this Constitution. The Secretary-Treasurer shall submit to the General Convention a financial statement of the International Union ending with the year preceding such Convention. Section 6. To Publish Addresses of Locals in Good Standing. The Secretary-Treasurer shall publish annually the addresses of all Locals in good standing with the International Union. Section 7. Supervision of Reports. The Secretary-Treasurer shall furnish monthly report forms for the systematic compilation of per capita tax reports. The Secretary-Treasurer shall direct the best methods whereby a Local Union shall keep proper records and report their monthly membership changes and shall have general supervision over all reports and the right to require officers to make returns in accordance with instructions. Section 8. Remuneration of the Secretary-Treasurer. (a) The salary for the position of Secretary-Treasurer has been $237,500 since September 1, 1995. This salary shall continue without change until the next Convention of the International Union. (b) In addition, the Secretary-Treasurer shall receive such expenses and allowances and/or other remuneration as may be established by the General Executive Board. Such expenses may include expenses for the Secretary-Treasurer's spouse while accompanying the Secretary-Treasurer in the performance of the Secretary-Treasurer's duties, or while said spouse is acting as a representative of the Secretary-Treasurer. Any allowances provided to the Secretary-Treasurer that are not expended in connection with the duties of the Secretary-Treasurer shall be considered additional compensation. Section 9. The Secretary-Treasurer shall receive no compensation from any Local Union, Joint Executive Board, or other subordinate body of the International Union. The Secretary-Treasurer shall also receive no compensation from an HERE Trust Fund or other affiliated entity, but may receive reimbursed expenses from such other affiliated entity. ARTICLE VII—EXECUTIVE VICE PRESIDENTSection 1. Duties. The Executive Vice President shall be available to advise Local Unions on all matters. The Executive Vice President shall be the primary Officer responsible for addressing member concerns. Subject to the authority of the President, the Executive Vice President shall oversee Trusteeships and Local Union election issues. The Executive Vice President shall perform such additional duties and have such authority as may be delegated to the Executive Vice President by the President. (a) The salary of the position of Executive Vice President has been $237,500 since September 1, 1999. This salary shall continue without change until the next Convention of the International Union. (b) In addition, the Executive Vice President shall receive such expenses and allowances and/or other remuneration as may be established by the General Executive Board. Such expenses may include expenses for the Executive Vice President's spouse while accompanying the Executive Vice President in the performance of the Executive Vice President's duties, or while said spouse is acting as a representative of the Executive Vice President. Any allowances provided to the Executive Vice President that are not expended in connection with the duties of the Executive Vice President shall be considered additional compensation. Section 3. The Executive Vice President shall receive no compensation from any Local Union, Joint Executive Board, or other subordinate body of the International Union. The Executive Vice President shall also receive no compensation from an HERE Trust Fund or other affiliated entity, but may receive reimbursed expenses from such other affiliated entity. ARTICLE VIII—GENERAL VICE PRESIDENTS, CANADIAN DIRECTOR, AND VICE PRESIDENTSSection 1. Duties of the General Vice Presidents. There shall be six (6) General Vice Presidents. Each Vice President shall perform such duties and have such authority as may be delegated by the President. Section 2. The Canadian Director shall be a member of a Local Union in Canada. The Canadian Director shall be the International Union's principal representative in Canada, and shall report to the President. The Canadian Director shall perform such duties and have such authority as may be delegated by the President. Section 3. Remuneration. General Vice Presidents and the Canadian Director shall each receive such salary, expenses, and allowances and/or other remuneration as may be established by the General Executive Board on the recommendation of the President. Section 4. Other Positions. With the approval of the President, a General Vice President or the Canadian Director may continue to receive appropriate compensation from a Local Union of which the General Vice President or Canadian Director is an Officer or employee. The President shall be notified of any such compensation or changes in it. Section 5. Vice Presidents. The President shall have the authority to utilize the services of Vice Presidents as need may arise. They shall work under the direction and supervision of the President. Vice Presidents shall be reimbursed expenses for such services. The President may also recommend compensation for such services, subject to the approval of the General Executive Board. ARTICLE IX—AUDITORSSection 1. Certified Public Accountant Audit. A Certified Public Accountant, selected by the General Executive Board, shall make an annual audit of the International's financial records, and report same to the General Executive Board which shall satisfy itself as to the accuracy and completeness of the report. The books of the International Union shall be closed April 30 of each year. The findings shall be printed in the official Journal. Section 2. International Auditors. The Secretary-Treasurer, with the approval of the General Executive Board, shall have the authority to appoint and terminate International Auditors. Section 3. Audits of Subordinate Bodies. The Secretary-Treasurer shall be responsible for a program to audit the accounts of Local Unions, State Councils, Joint Boards, or District Councils, on an appropriate periodic basis, using either International Union staff auditors or an audit firm. The audit shall include all financial records, membership records and per capita computations, and any other records deemed necessary by the auditors including records of trust funds of any kind. Section 4. Locals to Furnish Documents. All officers or members shall turn over to the Auditor on demand, any or all books, papers, bills, etc., that may be needed for the proper auditing of accounts of a subordinate body of the International. Section 5. Remuneration of Auditors. The salary, expenses, allowances and/or other remuneration of International Auditors shall be established by the Secretary-Treasurer with the approval of the General Executive Board. Auditors shall have no authority to expend any sums for expenses prior to such authorization. ARTICLE X—LOCAL UNIONSSection 1. Issuance of Charters. At the discretion of the President, a charter of affiliation as a Local Union may be granted subject to the approval of the General Executive Board. (a) Local Unions shall be required to enact their own bylaws; provided, however, that such bylaws may not conflict with the International Constitution, federal, state or provincial laws, and are approved by the President as provided in (b) of this Section. (b) All Local Unions shall submit bylaws and amendments thereto to the President for approval, and these shall become effective on the date final approval is given thereof by the President. Such approval shall not foreclose the President from ordering changes or elimination of provisions if at any time thereafter it is found that such provisions are in conflict with the International Constitution or applicable laws. Section 3. Allocation of Jurisdiction. The President shall have the final authority to allocate jurisdiction among Local Unions and to make determinations in the event of jurisdictional disputes between Local Unions. Section 4. Election of Union Officers. (a) Election of officers of a Local Union shall be held not less than once every three (3) years by secret ballot among the members in good standing of the Local Union, except for all Canadian affiliates, whose election to office shall be at least every five (5) years and shall be in accordance with all appropriate federal and provincial Canadian requirements. The Local Union shall mail to each member in good standing at the member's last known home address a notice or notices of the offices to be filled, time, date and place and the manner of submitting nominations, which nomination shall be held not sooner than 15 days from the giving of notice, and the time, date and place of the election, which election shall be held no sooner than 15 days from the giving of notice. (b) The Local Unions shall provide safeguards to insure a fair election and the Secretary of each Local Union shal1 preserve for one (1) year the ballots and other records pertaining to the election. The votes cast by the members shall be counted and the results published in detail. (c) Bylaws of the Local Union shall set forth the dates for nomination and election of Local Union officers. Upon the request of a majority of the Executive Board of a Local Union, the President may change the dates for nominations and election provided that such change shall not extend the term of office for which any officer has been elected and provided that the provisions of subsections (a) and (b) of this Section 4 are followed. (d) All decisions of Election Committees, protests as to election procedure or eligibility rulings shall be appealable to the President, whose decision shall be final and not further appealable. Any determination of an Election Committee regarding the eligibility of a candidate for office may be immediately appealed to the President. All objections to an election must be filed with the Election Committee within seven (7) calendar days from the date of the certification of the results of the election. Appeals from decisions of the Election Committee must be filed with the President within seven (7) calendar days from the receipt of the decision of the Election Committee. (e) The President shall cause to be promulgated guidelines for Local Union elections, which shall be followed by all Local Unions. (f) The Secretary-Treasurer of the International Union shall be responsible for establishing a training course for Local Union Presidents and Secretary-Treasurers, or equivalent Local Union officers. The goal of the training course shall be to assist the Local Union officers in understanding the responsibilities and obligations of their offices, with particular emphasis on fiduciary obligations, legal requirements, and the HEREIU Ethical Practices Code. Other Local Union elected officials may participate in the training course with permission of the International Union Secretary-Treasurer. All newly elected or re-elected Local Union Presidents or Secretary-Treasurers, or equivalent officers, shall be required to complete the training course within one (1) year of election or re-election or shall forfeit their office, unless the International Union fails to make the training course available within that year. The International Union shall bear the costs of the training course. The Local Unions shall bear the costs of travel, meals, and lodging for officers participating in the training course; a Local Union unable to afford these costs may request that the International Union pay these costs, subject to certification by the International Union Secretary-Treasurer that the costs would be a substantial hardship for the Local Union, and approval of the General Executive Board. Section 5. Failure to Hold Meetings. Any Local failing to hold meetings required by the Local Union bylaws shall forfeit its charter or be subject to trusteeship unless special permission has been granted by the President for suspension of meetings. Section 6. Change of Address. Local Unions shall notify the International Union one (1) week in advance of any change of address. Section 7. Affiliation with Central and State Bodies. It shall be mandatory for Local Unions (except as otherwise provided for herein) to become affiliated for their full membership with their respective State or Provincial Federations of Labor, Central Labor Unions, and in Canada with the Canadian Labour Congress. Every Local shall designate, in accordance with its bylaws, delegates to such organizations. If, in the opinion of the President, compliance with this Section would create a hardship upon the Local Union, the President may waive the provisions of this Section. Section 8. Order for Withdrawal. Whenever, in the opinion of the President, a State Federation, Central Labor Council, or other organization of any nature whatsoever, with which a Local Union or other subordinate body of the International Union is affiliated, conducts its affairs in a manner hostile to, or contrary to the best interests of the International Union or any of its affiliates, the President may order such subordinate affiliate of the International Union to withdraw from such organization and cease all association with the same. Section 9. Members to Register and Vote. Local Unions shall urge all their members, eligible to do so, to register and vote in all elections. Section 10. Records of Membership. Each Local shall forward to the Secretary-Treasurer the names, addresses and Social Security or Canadian Social Insurance numbers of all members at least once each year, and shall notify the Secretary-Treasurer on the first of each month, of the names, addresses and Social Security or Canadian Social Insurance numbers of all new members, members withdrawn, transferred, suspended, expelled, dead, reinstated, etc., so that a complete record of the membership may be available to the International Union. Local Unions using computer systems to process dues and other membership information shall be on programs as designated by the International Union unless said systems are otherwise approved by the Secretary-Treasurer. Section 11. Monthly Reports. The Officers of a Local Union shall complete and file their monthly per capita reports with the office of the Secretary-Treasurer. Any officer or member who knowingly makes false reports to the International Union, or fails to send in reports required by the International Union, may be subject to charges pursuant to Article XXII of the Constitution. Section 12. Withdrawal. Withdrawal of a Local Union from the International Union may not take place as long as three (3) members of the Local object. (a) When the charter of a Local Union is revoked, or should a Local Union dissolve, be suspended, withdraw, disaffiliate or forfeit its charter, the Local Union and its officers shall be required to turn over all books, documents, property, and funds, to the International Union. Such records and property shall be held in trust until such time as the Local Union may be reinstated or reorganized, or shall be used to organize a new Local Union. (b) Nothing in this Constitution shall be construed to require the International Union to assume the obligations of any Local Union and no officer, employee, member, or affiliate of the International Union shall have the right to take any action making the International Union liable for any financial obligations of a Local Union, excepting with the specific authorization of the General Executive Board. Section 14. Members of Defunct Locals. a) Members in good standing of Local Unions that are suspended by reason of non-payment of per capita tax or other reasons shall, upon application to International Union Headquarters, be accepted as members-at-large. Such members-at-large shall pay the minimum monthly dues, in accordance with Article XIII, Section 2, directly to the International Union Headquarters. (b) The President may revoke the charter of any Local Union that is insolvent, suspended, or otherwise unable to function, and/or transfer the membership of such Local to a newly chartered Local or an existing Local, as in the judgment of the President will best serve the needs of the membership and the International Union. Section 15. Reinstatement of Locals. A Local Union suspended for insubordination or violation of any provision of the Constitution, may be reinstated by a majority vote of the General Executive Board or the International Convention. The Board may establish the fee for such reinstatement. Section 16. Affiliation with Boards and Councils. Every Local Union shall affiliate with each Joint Board, District Council or State Council having jurisdiction over the Local Union as allocated by the President. Upon notice to the International Union of a violation of this Section, the President may issue a suspension order against the Local involved, until proof of the proper affiliation is received. Section 17. Formation of State Councils. Wherever five (5) or more Local Unions exist in any one State or Province, a State or Provincial Council shall be formed. The Council may publicize its position with regard to any political matter or candidate and seek the support of the general public for city, county or state candidates only. It shall establish and maintain close liaison with official AFL-CIO or CLC legislative and political education programs at the State, Provincial or Territorial level and encourage Local Unions to work closely with such programs at city, county or district levels. The bylaws for such Council shall be furnished by the International Union and all amendments thereto, per capita tax provisions and assessments shall require the approval of the President before being made effective. If, in the opinion of the President, formation or continued existence of such Council would not serve a useful function to the Locals affected, formation or continued existence shall not be required. Section 18. Local Autonomy. Subject to the provisions of Article XV, Local Unions shall have full autonomy over their members when working under local collective bargaining agreements. Section 19. Real Estate Ownership, Sale, Encumbrance, Remodel or Lease. Whenever a Local Union, a trust fund, corporation or other entity created directly or indirectly from funds derived from the Local Union or its members enters into a plan for the ownership, sale, encumbrance, remodeling or long-term lease of real estate or uses any of its own or its members' funds for such purposes, the entire plan, including any trust agreements, articles of incorporation, corporate bylaws, contracts and leases, shall be subject to the approval of the President before becoming effective. A Local Union or other such entity may not establish or participate in a plan to hold real estate which does not permit the International Union to audit fully the building funds in the same manner as the Local Union's assets are audited. Section 20. Local Finances, Loans and Salaries. (a) All funds of a Local Union shall be held by such Local Union for the sole benefit of its membership. No Local Union may make any expenditure other than for the best interest of the Local Union. (b) No loans shall be made from the treasury of a Local Union of the International to officers or members or business ventures in which officers or members have a direct or indirect interest; provided, however, that if such a loan is for the best interest of the Union, the President may, upon request, waive this restriction. (c) All wages, salaries and expense allowances paid to Local officers, employees, delegates and committees must be determined according to the Local Union's bylaws, provided that the bylaws comply with applicable law. (a) Trust Agreements covering insurance funds, pensions, or other welfare funds of a Local Union, or its members as such, should provide for an audit at least once each year by a Certified Public Accountant. Upon request, a copy of each audit made of such funds shall be sent to the Secretary-Treasurer. Where such funds are not held pursuant to a trust agreement, the Secretary-Treasurer shall provide for the regular audit of such funds in the same manner as all other funds of the Local Union are audited. (b) No official or member of a Local Union may be named as beneficiary under any insurance program in which the Local or the International Union participates, unless such person is related to the insured or has an insurable interest in the life of the insured; provided, however, that where the Local Union is to be made the beneficiary, an officer of the Local Union may be named as Trustee to receive the benefits on behalf of the Local Union. Section 22. Pension or Retirement Plans for Local Officers. All retirement plans, pension plans, severance pay or other rewards for past service or extraordinary remuneration for current service, over and above stipulated salaries, for officers or employees of Local Unions, shall require a specific amendment of a Local Union's bylaws to accomplish the same, or written approval of the President. Section 23. Accrued Vacations of Officers and Employees. An officer or employee of a Local Union entitled to a vacation shall be required to take the vacation within two (2) years after becoming entitled to same. If such officer or employee fails to take such vacation, the officer or employee s-all be deemed to have waived the right to same. Section 24. Locals Not to Relinquish Jurisdiction. No Local Union, Local Joint Executive Board, or officer or member of either shall take any action which relinquishes the jurisdiction of this International Union over any persons covered by Article I, Section 3, of this Constitution without the prior approval of the President, nor shall any Local Union, Joint Executive Board, officer or member thereof by inaction knowingly permit the relinquishment of jurisdiction over any such person. ARTICLE XI—TRUSTEESHIPSection 1. Authority of the President. (a) Whenever, in the opinion of the President, a Local Union, District Council, Joint Board, State Council, or any of its officers has been guilty of violating the terms of this Constitution, or a lawful order of the General Executive Board, the Convention body, or the President, or whenever any such subordinate body of the International, or its officers, in the opinion of the President, conducts the affairs of such organization contrary to the interest of such organization or the International Union, so as to constitute a threat to the welfare of any of the said organizations, or in a grossly incompetent manner, or where an emergency exists, or when in the opinion of the President, a trusteeship is necessary for the purpose of correcting corruption or financial malpractice, assuring the performance of collective bargaining agreements or other duties of a bargaining representative, restoring democratic procedures, or otherwise carrying out legitimate objects, the President may order a Trustee to take charge and control of the affairs and property of such subordinate body. (b) The President shall instruct the Secretary-Treasurer to prepare a notice of charges setting forth the reasons for the trusteeship, which notice of charges shall be served upon the subordinate body, through any of its officers, prior to c simultaneously with the establishment of the trusteeship. Section 2. Appointment of Trustee Before Hearing. When, in the opinion of the President, delay would be contrary to the best interests of the subordinate body or International Union, a Trustee may, pursuant to order of the President, temporarily take charge and control of the affairs and property of such subordinate body, with all the powers set forth in Section 5 of this Article, prior to a hearing, but after or simultaneously with service of such notice of charges. Section 3. Hearing on Trusteeship. The President shall order a hearing on the institution of any trusteeship. The President shall appoint a member of the International Union to conduct such hearing and make a report to the President with respect to the institution or dissolution of the trusteeship, as the case may be. The President shall, after consideration of the report and the evidence, render a decision in the matter. The decision of the President shall be appealable to the General Executive Board. Section 4. When Hearing is Unnecessary. Whenever the International Union is engaged in an organizing drive in a newly chartered Local Union, the President may dispense with the hearing. Section 5. Powers of Trustee. The Trustee shall be appointed by the President. The Trustee's letters of appointment shall be honored and complied with by all affected officers and members. The Trustee shall have full authority to conduct all the affairs of the Local Union or other subordinate body, to suspend all officers, to suspend bylaws, to appoint temporary officers and employees, and conduct all financial matters of the subordinate body. The Trustee may suspend or convene may suspend or convene meetings, whose purposes shall be limited to those set forth by the Trustee, and may enter into agreements in the organization’s name. All books, records, monies, property, premises belonging to or controlled by the organization shall be turned over to the Trustee upon demand and the trustee shall issue a receipt for the same. The Trustee shall carry out all orders issued by the President. The Trustee shall be bonded for faithful performance in an amount determined by the President. The Trustee shall make monthly reports to the President, including statements of receipts and expenditures and detailing the action taken as Trustee. Section 6. Duration of Trusteeship. A trusteeship shall not extend beyond eighteen (18) months unless the General Executive Board approves the extension. The President shall terminate all trusteeships as soon as, in the President's opinion, the Local conditions warrant such termination. Section 7. Procedure Upon Termination of Trusteeship. (a) When a trusteeship is to be terminated, the President shall prepare bylaws to govern the activities of the subordinate body after the trusteeship is terminated. The bylaws shall be available prior to the acceptance of nominations immediately before the end of the trusteeship. The bylaws shall become effective upon the date of the installation of the officers and shall remain in effect until such time as the subordinate body, under the procedure of this Constitution, amends same or adopts new bylaws. (b) When a trusteeship is to be terminated, the President shall instruct the Trustee to call a meeting or meetings for the purpose of receiving nominations and conducting elections in accordance with Article X, Section 4, Election of Union Officers. The elected officers shall be installed on the date the trusteeship is to be terminated. All properties under the trusteeship shall be turned over to the proper Local officers, who shall receipt for the same. A final audit of the trusteeship shall be made and approved by the Secretary-Treasurer. (c) Notwithstanding anything contained in Sections 7(a) & (b) to the contrary, and in lieu of such procedure, the President, with the approval of the General Executive Board, may merge such Local Union with another Local Union or Unions in the same manner as provided in Article V, Section 19, if in the opinion of the President such merger would serve the best interests of the Local Union and its membership. ARTICLE XII—MEMBERSHIP AND ELIGIBILITY TO HOLD OFFICESection 1. General Eligibility Requirements. Any person employed in any employment over which this International Union exercises jurisdiction shall be eligible for membership in this organization. Section 2. Transfer From Other Crafts or Locals. A member shall be permitted to transfer from one craft to another, and a transfer of membership shall be accepted by a Local or another craft, whenever the applicant qualifies as a capable craftsman and complies with the laws of the Local into which the member desires to transfer. No other initiation fee shall be charged for such transfer if membership has been maintained for at least one year by such applicant. Section 3. Applications. Applicants must properly complete and answer all questions on the application forms furnished by the International Union. Section 4. Membership-at-Large. Persons employed at an occupation within the jurisdiction of this International Union, but in a locality where no Local Union exists may, upon application, become members-at-large. Such members must establish a Local Union when so directed by the President. Section 5. Acquiring Membership. A person eligible for membership working within the jurisdiction of the Local Union making application for membership, shall become a member of the Local and the International Union upon receipt of the membership application and the dues and fees which may be required. Any member who desires to protest the membership of such person must do so within thirty (30) days of receipt of the application for membership by filing a protest with the Secretary of the Local Union. In the event of such protest, the Executive Board of the Union shall review the qualifications of such person and shall determine if the membership is to be revoked. The member shall be given notice that a protest of membership has been filed and given an opportunity to appear before the Executive Board. The decision of the Executive Board shall be considered the decision of the Local Union and shall be appealable in accordance with Article XXII, Section 11, provided further, however, that the decision of the President shall not be further appealable. If a Local allows the initiation fee to be paid over multiple months, it shall pay per capita tax for each such month except for the first month. If a waiver of the initiation fee is granted by the President, then an amount equal to one (1) month's dues shall be considered the initiation fee. Section 6. Limitations on Rejection. No Local may reject a person prior to applying for membership; nor may any Local reject any applicant by reason of race, religion, color, age, sex, national origin, sexual orientation, or disability. Section 7. Passive Membership. (a) Any person who is a manager, owner or proprietor, or any person who is employed outside the jurisdiction of this International Union and not employed in the jurisdiction of this International Union, may be accepted for or hold membership in a Local Union only as a passive member, provided such person maintains no affiliation with a proprietors' organization hostile to this Union. (b) Passive members shall not be entitled to voice or vote or to attend meetings of the Local Union. They shall be ineligible for election to any office in the Union or any positions as a delegate representing the Union. (c) Passive membership is hereby declared a privilege, revocable at will, by the Executive Board of any Local Union or the President, such revocation of passive membership by the President shall not be appealable. Section 8. Previously Expelled Members. An expelled member of the International Union may not make application for reinstatement for one (1) year thereafter, and may only be reinstated by the Local from which the member was expelled; except that members expelled by the President or General Executive Board may be reinstated only by them. Under no circumstances may a member who has been found guilty of embezzlement, misappropriation or fraud in accordance with the provisions of Article XXII be eligible for any office or position as a delegate. Any member expelled for any reason other than the foregoing, who has been reinstated, may petition the President for restoration of full membership rights, including the right to hold office. The President shall have discretion to act upon such a petition. (a) No person shall be eligible for membership in any Local of the International Union who holds membership in any club, society, or other organization which in the opinion of the President exercises or claims to exercise duties and functions similar to those exercised by this International or its Locals, or which claims jurisdiction in whole or in part over matters which are within the jurisdiction of this International Union. (b) Membership in such organization shall constitute dual affiliation and any member holding dual affiliation who is directed by the President to resign from membership in such organization, but who refuses to do so, shall be suspended by the President. After charges and hearing as required by Article XXII, the President (if the President has taken original jurisdiction) or the trial body may determine an appropriate penalty. Section 10. Members Working in Other Positions. Members whose principal employment is work outside the jurisdiction of the International shall be ineligible to hold any office; provided, however, that when, in the opinion of the President, the foregoing would result in a hardship to a member of a Local Union and is contrary to the best interests of said Local Union and the International Union, the President may waive the foregoing provisions and permit any such persons to be eligible to hold office.
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