ARTICLE XII

 Dues, Finances

SEC. 1. Effective January 1, 1976, the regular dues of the membership of the Union shall be $7.00 per month.

Effective January 1, 1977, the regular dues of the membership shall be $8.00 per month.

Effective January 1, 1976, the dues of members of the Sales Division and all full-time elected or appointed paid officers of the Union shall be $8.00 per month.

Effective January 1, 1977, the dues of members of the Sales Division and all full-time elected or appointed paid officers of the Union shall be $9.00 per month.

Members of the Hotel Division shall pay dues of $8.00 per month.

Members in the Security Division shall pay dues of $8.50 per month.

Dues shall be payable in advance.

   (a) There shall be created a Defense Fund, which Fund shall consist of 50 cents  of dues payments effective for all members, except those office and clerical employees engaged in the Hotel Industry, and said Fund shall be used for the following purposes: To provide strike benefits and to pay expenses in connection with strikes, raids on the jurisdiction of our Union by other organizations and any other activity which the Union engages in to combat attacks against the progress and the existence of the Union. No expenditure can be made from this Fund without prior authorization by the Executive Board either at regular meetings or special meetings called for that purpose. Such action shall be subject to the approval of the membership at the next regular meeting of the Union.

In order to eliminate the operating deficit in the General Fund, effective June 1, 1975, the sum of One Hundred Fifty Thousand Dollars ($150,000) shall be transferred from the Defense Fund to the General Fund.

SEC. 2. The initiation fee for applicants for membership shall be $25.00, except that the initiation fee for outside sales persons who will be members of the Sales Division, shall be $75.00.

(a)     Effective January 1, 1976, temporary employees are to pay an initiation fee of $5.00 and dues at the regular rate. In the event that a temporary or part-time employee becomes a permanent full-time employee, the balance of the $25.00 initiation fee is to be paid.

(b)    Any member of the Union in a division other than the Sales Division who has paid an initiation fee and who is subsequently promoted to the position of outside sales person shall be required to pay the difference of the initiation fee paid and the Sales Division initiation fee of $75.00.

(c)      Any former member of a union affiliated with the AFL-CIO not under the jurisdiction of this International Union who accepts employment under the jurisdiction of this Union may elect (providing the applicant's former union has a reciprocal plan of accepting Withdrawal Cards from Local Unions of the International Union in lieu of an initiation fee) upon application for membership and irrevocable surrender of an Honorable Withdrawal Card or evidence of honorable termination of membership in those instances where unions do not issue Withdrawal Cards, and upon payment of the current month's dues in advance, if accepted in this Union, be inducted into this Union without the payment of any initiation fee (the Secretary-Treasurer of this Union to forward such evidence to the International Secretary-Treasurer in lieu of initiation fee on such applicant), provided further, that

(d)     When in the judgment of the President of the International Union, it shall be deemed to be in the best interest of the International Union to waive initiation or reinstatement fees in whole or in part in connection with any particular organizational campaign, the President of the International Union shall be empowered to waive such fees if this Union shall so request; and provided further, that

(e)     The Executive Board may, upon the recommendation of the Business Manager, reduce the initiation fees to not less than $2.00 when the Executive Board feels that such reduction would be in the best interests of the Union.

SEC. 3.  The Secretary-Treasurer shall not accept any dues from any member until all initiation fees, reinstatement fees, or assessments owed by such member shall have been paid.

SEC. 4.  Any member who is more than two months in arrears in dues shall be classified as a "suspended" member, and not in good standing. Such suspended member must pay a reinstatement fee of $2.50, together with all dues up to and including the current month before regaining good standing in the Union.

SEC. 5.  All proposals for assessments, and increases of dues must be presented to the Executive Board. If the Executive Board approves of an assessment or such increase of dues, the motion shall be incorporated in its Minutes, to be read to the next membership meeting. There can be no vote or discussion on the subject of the assessment or dues increase at that meeting, but it shall be held over until the succeeding membership meeting. The meeting notices for the succeeding meeting shall contain a statement informing the membership of the nature of the proposal and that a vote will taken at that membership meeting. A majority vote by secret ballot, shall be sufficient to constitute acceptance or rejection of the proposed assessment or dues increase.

   This Union shall not assess its members more than $1.00 per member per month, or more than $4.00 per member in any fiscal year, except that in emergency situations this Union may make additional assessments with the permission of the President of the International Union.

   All assessments are subject to the approval of the President of the International Union in advance of being levied.

SEC. 6.  No initiation fee shall be required by any local union or by the International Union, of any person involuntarily inducted into the armed services of the United States or Canada or entering such services during emergency periods as determined by the Executive Board, if any such person applies for membership within a period of one (1) year after discharge provided the individual has other than a dishonorable discharge and provided same is initial employment following such service.

ARTICLE XIII

Use of Funds

SEC. 1.  The funds of the Union are for the legitimate expenses required in its conduct and maintenance, and shall not be diverted from these objects to any other purpose. No member of this Union shall, under any circumstances, receive any loan, gift or donation from it.

SEC. 2.  The General Fund shall be used for the payment of expenses incurred by this Union, and as a depository for its monies.

SEC. 3.  All disbursements shall be made by checks drawn on the General Fund, and shall be signed by either the President or Vice-President of the Union and the Secretary-Treasurer.

SEC. 4. The fiscal year of this Union shall be the twelve-month period ending with the last day of the month of December of each year.

SEC. 5.  The initiation fees, reinstatement fees and other obligations owed by this Union to the International Union shall constitute a preferred claim and must be paid promptly by this Union each month prior to the payment of any other obligation of this Union.

ARTICLE XIV

Auditing of Books

SEC. 1.  The Trustees shall examine all vouchers which are to be attached to every check issued by the Union, shall periodically (at least quarterly and at the end of each fiscal year) audit all books, vouchers and other financial records of the Union, and shall report each such audit to the Union and to the Secretary-Treasurer of the International Union.

SEC. 2.  The Auditor shall prepare a report of audit and submit same to the Executive Board. Following the submission of the Auditor's report I to the Executive Board, the same shall be read at the next regular membership meeting and shall be posted on the Bulletin Board in the office of the Union for the ensuing two weeks.

ARTICLE  XV

Offenses  and  Penalties

SEC. 1.  In any case involving disciplinary action there shall be no resort to a court of law until such relief within the Local Union under its Constitution and By-Laws, and within the International Union under its Constitution, has been exhausted.

SEC. 2.  Any member may be penalized for committing any one or more of the following offenses:

(a)    Resorting to or advocating or urging that any members of the Union commence legal action against the Union or any of its officers without first exhausting all the remedies provided for by this Constitution and By-Laws or the International;

(b)   Publicizing or giving information about Union affairs to persons not entitled to such information:

(c)     Working for an Employer against whom the Union has declared a strike or whom the Union has declared to be unfair unless permission has been granted by proper officers of the Union;

(d)    Entering the employ of any Employer who is under a collective bargaining agreement with the Union without first obtaining a Work Permit from the office of the Union;

(e)     Working for less than the rate of pay provided for by the contract with the Union;

(f)       Permitting any other person to use or work on member's book;

(g)      Failure to appear before the Executive Board or the Trial Board when ordered to    

              do so;

(h)     Obtaining membership through fraudulent means, or by misrepresentation;

(i)       Violation of the oath of membership, or of office, if an officer;

(j)     Working in the interests of any organization or dual union opposed to the interests of this Union;

(k)   Being present or entering a meeting of the members of the Executive Board while     

      intoxicated, or disturbing the peace of any such meeting by creating or 

      participating in disturbances, or of similar conduct in and about the   

      headquarters of the Union;

(l)      Causing or participating in a stoppage of work because of any alleged grievance

       or dispute without the authorization of the Union or its proper officers;

(m)   Any acts of misconduct which are detrimental to the best interests of the Union, or of conduct unbecoming a member of the Union; or of violation of any of the provisions of the Constitution and By-Laws of this Union or of the Constitution of the International Union.

SEC. 3.  Any member who has been found guilty of any of the above offenses or for violation of the International Constitution by the Trial Board may be reprimanded, suspended, or expelled by action of the Trial Board.

ARTICLE XVI

Trial Board Procedure

SEC.  1.    Charges may be brought in writing by any officer or member of the Local Union or of the International Union by filing same with the Secretary-Treasurer of the Local Union. The Secretary-Treasurer of the Local Union shall immediately thereafter serve a copy of such charges upon the accused and at the same time notify the accused of the time and place of trial or hearing upon such charges. Trial shall be held before the Executive Board of the Local Union and any representative designated by it in the manner set forth below.   If any officer or member of the Executive   Board   is directly   concerned   with   any charges against the member, the President of the Union   may declare such officer or Executive Board member ineligible to serve as a member of the Trial Board.

(a)    The charging party or a representative of the party shall first present evidence of the charged violation and upon completion of such evidence, the accused shall have an opportunity to fully present such evidence, including witnesses, documents, statements or defenses. Any accused member shall have the right to be represented in defense by any other member of the Local Union and shall have 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 proceeding. Stenographic minutes shall be taken at the trial.

   (b) At the close of the evidence, the Executive Board shall decide by a

        majority vote whether or not a violation has been found and shall affix   

        such penalties as the Executive Board deems reasonable and proper.

        Where the penalty for any violation is expulsion from membership, such

        penalty may be appealed to the next regular meeting of the Local Union,

        where a two-third (%) vote of those members present and voting shall be

        necessary to sustain such expulsion.

   (c) Any decision of the Local Union Executive Board, including any

        expulsion which must later be approved or rejected by the  

        membership,  may be appealed by the aggrieved party to the

        International Union Executive Board

        at its next meeting. Such appeal must be filed in writing with the

        International Secretary-Treasurer within twenty (20) days after any final 

        decision of the Local Union Executive Board (or vote of the membership

        in cases of expulsion) and must state the basis of such appeal with 

        reasons why the decision of the Local Union Executive Board or

       membership, should be reversed or set aside.

   (d) Upon receipt of any such appeal, the International Secretary-Treasurer shall notify the Local Union Executive Board and provide copies of appeal papers to it.   The Local Union Executive Board, or any party affected by such decision, shall have a right to state reasons in writing within twenty (20) days after receipt of a copy of appeal papers why such decision should be upheld by the International Executive Board. The International Union Executive Board shall dispose of such appeal upon the record and documents before it by majority vote  and shall  have  the  authority to affirm, set aside, or modify the decision of the Local Union in any manner considered reasonable and proper.

  (e) Within thirty (30) days after receipt of any decision of the International Union Executive Board, any aggrieved party may file an appeal to the next regular Convention of the International Union by filing a notice of appeal in writing with the International Secretary-Treasurer.   Any such appellant shall have the right to appear before any appeals committee that may be set up by the Convention but not before the Convention itself, except with the Convention's consent. In any case, there shall be no resort to a court of law until all relief within  the International  Union  under its Constitution has been exhausted.

   (f) In the event a defendant does not appear for trial, the trial shall proceed upon proof that sufficient notice of the time and place set for the trial was given to the defendant. The defendant shall be notified of the verdict.

ARTICLE XVII

 Applicants

SEC. 1.  All applicants for membership must sign the obligation contained in the application form and answer truthfully all questions contained in said form. All applicants must appear in person before the Membership Committee and answer such questions as the Membership Committee may wish to propound.

SEC. 2.  All actions of approval or rejection of any application by the Membership Committee are subject to review by the Executive Board.

SEC. 3.  No applicant shall be considered a member, nor given a Membership Card until the oath of membership has been taken (by the applicant).

SEC. 4.  No applicant shall be barred from membership in the Union because of age, race, color, creed or gender.

SEC. 5.    All applicants shall take the following oath: "I,            .............. .......................... , pledge my honor before these witnesses to faithfully comply with the Constitution Laws, and all Amendments thereto of Office & Professional Employees International Union, Local 153, and of the International Union."

ARTICLE XVIII

Procedure at Meetings

SEC.  1.    The President of the Union shall act as Chairperson at all regular and special meetings of the membership and Executive Board. Except as otherwise provided in this Constitution and By-Laws, Robert's Rules of Order Revised shall apply at all meetings of this Union.

SEC. 2.  It is provided further that any member requesting the floor from the Chair shall make that request by stating his or her name and place of employment.

ARTICLE XIX

Removal  of Officials

SEC. 1.  All officers, trustees, Executive Board members, and all members of all standing committees are deemed "officials" within the purview of this Article.

SEC. 2.  Any official who has been found guilty of any of the following offenses shall be removed from office, and in addition may be reprimanded, suspended, or expelled, and may, if not expelled from membership, be forever barred from holding any office in the Union:

  (a) Dishonesty in the conduct of office; fraud, corruption, accepting any bribes or intimidation of any members;

   (b) Abuse of office or gross negligence in the conduct of office;

   (c) Conduct unbecoming an official of this Union;

   (d) Holding membership or working in the interests of any Communist, Fascist or Nazi organization, or of any union inimical to the best interests of this Union or of the AFL-CIO.

SEC. 3.  No impeachment proceedings may be entertained unless there has been a petition filed with the Executive Board signed by no less than 10% of the membership in good standing. The petition shall state the specific offense with which the official is charged with violating, as well as a brief statement sufficient to apprise the signatories of the nature of the charge being preferred.

SEC. 4.  The Executive Board shall act as the Trial Board in all proceedings under this Article. Any official under charges by virtue of an impeachment petition shall be automatically barred from acting as a member of the Trial Board.

SEC. 5.  The Trial Board shall follow the same procedure as provided for in Article XVI of this Constitution in any impeachment proceeding.

SEC. 6.  Any official found guilty of violating any provision of this Article shall have the right to appeal to the International Executive Board at its next meeting. Pending any decision of such appeal, the determination of the Trial Board shall be final unless its decision is reversed in the manner provided for in Article XVI of this Constitution and

ARTICLE XX

Withdrawal and Transfer Cards

SEC. 1.  Any member of the Union leaving the jurisdiction of this Union or the International Union may apply to the Executive Board for a Withdrawal or Transfer Card. However, no Withdrawal Card or Transfer Card can be issued unless the member has paid dues up to and including the month during which the Withdrawal or Transfer Card is requested; and provided further, that such member is in good standing with all obligations to this Union and the International Union;

   (a) A Withdrawal Card shall be issued by this Union to any member requesting same who is leaving the jurisdiction of the International Union.

   (b) A Transfer Card shall be issued by this Union to any member requesting same who is leaving the territorial jurisdiction of this Union but who intends to continue working within the trade under the jurisdiction of the International Union, and can be issued whether or not such member enters the territorial jurisdiction of another Local Union of the International Union. No Transfer Card shall be effective for a period greater than ninety days.

SEC. 2.  Upon deposit of a Withdrawal or Transfer Card, eligibility to vote at election or to run for office shall be the same as provided for in Article V governing the rights and privileges of members.

SEC. 3.   Any person bearing a Withdrawal Card or Transfer Card shall not be entitled to participate in the operation of this Union. A person bearing a Withdrawal or Transfer Card who has complied with the conditions of same, shall, upon resuming and commencing work within the jurisdiction of this Union, deposit such card and shall be admitted to membership in the Union without the payment of any initiation or transfer fee.

SEC. 4.  Withdrawal and Transfer Cards shall be issued by the Secretary-Treasurer of this Union, and monthly reports of all such cards issued, deposited or cancelled shall be made to the Secretary-Treasurer of the International Union.

SEC. 5.  All Withdrawal and Transfer Cards shall be secured by this Union from the Secretary-Treasurer of the International Union.

ARTICLE XXI

Military Service

Any member of this Union who enters the Armed Forces or Merchant Marine of the United States or Canada and who has all obligations to this Union paid through the month preceding entrance into such service, shall upon the discharge from such service, be given a paid membership book, and good standing membership shall be interpreted as having been continued during such service; provided, however, the member makes request for same and re-establishes membership in this Union within ninety days after date of discharge.

ARTICLE XXII

 Strikes

In the event of a dispute between any members of this Union and a particular employer, or employers, this Union shall not call a strike against such employer, or employers, unless a majority of the members of this Union employed by such employer, or employers, present at a called meeting of which all such members have been notified, so request by secret ballot; provided further, that a majority of this Union present at a meeting of which all members have been notified and called for the purpose of discussing the proposed strike shall have voted by secret ballot to conduct such a strike, but provided that this Union may, by secret ballot at a meeting duly called for such purpose, confer blanket or other authority upon its Executive Board to call any or all strikes; and provided finally, that approval of the President of the International Union shall be obtained.

ARTICLE XXIII

Vacancies  in Office

In the event any vacancy is created by the resignation or removal of an official of the Union, the Executive Board shall be empowered to appoint a successor to fill the balance of the un-expired term, and such appointee shall hold office until the next regular election for that office.

ARTICLE XXIV

Salaries of Officials

The Executive Board, subject to the approval of the membership, shall determine compensation for all officials of the Union.

ARTICLE XXV

 Appeals

Every member of this Local Union shall have the right to appeal to the Business Manager from a decision of a Business Representative which denied a complaint or a grievance by said member. In the event the aggrieved member is not satisfied with the decision of the Business Manager, such member may appeal to the Executive Board of the Union. If the aggrieved member does not agree with the decision of the Executive Board, such member may appeal to the general membership at its next regular meeting. No member may resort to legal action until the appellate procedure provided for herein has been completed.

ARTICLE XXVI

International Constitution

The Constitution of the International Union shall be the paramount law applying to the government of this Union, and all provisions of said International Union Constitution insofar as the same are or may be applicable to the affairs and activities of this Union are hereby, by reference thereto, incorporated into and made a part of this Constitution and By-Laws, and any provision contained herein which is contrary to or in conflict with the provisions of the International Union Constitution shall be inoperative and of no effect.

ARTICLE XXVII

Amendments

SEC. 1.  A proposed amendment to this Constitution may be introduced by the Executive Board, or by a petition containing the proposed amendment which has been signed by at least ten members in good standing. Such petition must be presented to the Executive Board before it can be considered by the body.

SEC. 2.  The Executive Board shall include the proposed amendment in its Minutes to be read at the next membership meeting. There can be no vote or discussion on the subject of the amendment at that meeting, but it shall be held over until the succeeding membership meeting.

SEC. 3.    The meeting notice for the succeeding meeting shall contain a statement informing the n of the nature of the proposed amendment and that a vote will be taken at said meeting.  A vote of the majority of the members voting shall be sufficient to constitute acceptance or rejection of the proposed amendment to this Constitution and By-Laws.

Sec. 4.   No amendment to this Constitution and By-Laws shall take effect until the approval of the President of the International Union has been secured.