The Constitution of the United Association Constitution United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada Composed of journeymen and apprentices who have jurisdiction over every branch of the plumbing and pipe fitting industry. Affiliated with the various departments of the AFL-CIO and the Canadian Federation of Labour. Revised and Amended at Las Vegas, Nevada, August 5-9, 1996 PREAMBLE The aspirations of this Association are to construct an organization which shall subserve the interest of all its members and be a fitting monument to the Unions attached thereto. The objects of this Association are to protect its members from unjust and injurious competition, and secure through unity of action among all workers of the industry throughout the United States and Canada, claiming, as we do, that labor is capital, and is the only capital that possesses power to reproduce itself or in other words, to create capital. Labor is the interest underlying all other interests; therefore, it is entitled to and should receive from society and government protection and encouragement. Mankind generally condemns that which they do not thoroughly understand and through prejudice and ignorance neglect to pay that strict attention and regard to the principle of unity for elevating their condition and for the accomplishment of good works which is so much required in creating confidence, generating esteem and respect, and for promoting harmony and good feeling among themselves; therefore, let every member weigh the substance of these laws within his mind and thus become qualified to determine upon that which is herein set forth in the spirit of sincerity and honesty of purpose. As an earnest proof that we entertain a true sense of our obligations, interests and duties toward one another, each member should make himself thoroughly acquainted with the laws herein contained, that he may avoid imposing upon the same, and also be prepared to use his influence on those who do not as yet belong to the Association, but whose only reason for not belonging to it is that the benefits offered have never been fully explained to them. Above all, members should avoid becoming in arrears. Large numbers, which should insure "strength," very frequently produce weakness, because those in arrears are debarred from the benefits, and also make it impossible to meet the claims which are made by members who are in good standing. Recognizing the right of the employer or capitalist to control his capital, we also claim and will exercise the right to control our labor, and be consulted in determining the price paid for it. We therefore urge upon all journeymen and apprentices who have jurisdiction of every branch of the plumbing and pipe fitting industry, in every section of the United States and Canada, to join with us in our efforts to secure through the power of organization, both for ourselves and our children, a steady demand and a fair compensation for our toil, and a position in society to which, as wealth producers and citizens, we are justly entitled. Recognizing the need of united political action, we urge that the political policies as determined by the American Federation of Labor and Congress of Industrial Organizations shall be the basic foundation for our political beliefs. We must assist in electing to public office only those favorable to the cause we espouse, which is the cause of human freedom and in doing so, elect our friends and defeat our enemies. For the successful accomplishment of the ends desired by the Association, for the instruction, information and guidance of its members, and for the due regulation of the business connected therewith, this code of laws is hereby enacted. CONSTITUTION Name of Organization SEC. 1. This organization shall be known as the UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA, composed of journeymen and apprentices engaged in the supervising, fabrication, installation and maintenance of plumbing and pipe fitting installations of every description and character. JURISDICTION Trade and Territorial Jurisdiction SEC. 2. The jurisdiction of territory of the United Association embraces the United States and Canada, and its trade jurisdiction shall include all branches of the pipe fitting industry. In it alone is vested the power to establish Local Unions, and its mandates must be obeyed at all times and under all circumstances. To the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada is reserved the right to decide all matters pertaining to trade and territorial jurisdiction of its affiliated Local Unions, and no Local Union is conceded territorial jurisdiction other than the current working day in said territory, while to Local Unions is conceded the right to make necessary by-laws and agreements for Local Union government which do not conflict with the laws of the United Association. Jurisdiction of Work SEC. 3. The United Association having full and exclusive jurisdiction over the plumbing and pipe fitting industry, including the supervision, fabrication, installation and maintenance of plumbing and pipe fitting installations of every description and character, shall be composed of journeymen and apprentices or any type of worker employed on any kind of work allied to or connected in any manner with the plumbing and pipe fitting industry. The United Association shall charter three (3) types of Local Unions: Building and Construction Trades Local Unions, Metal Trades Local Unions, and combination Local Unions. SEC. 4. The following procedure shall govern and control any trade or craft dispute in a Local Union or between two or more Local Unions: A Local Union involved in a trade or craft dispute shall immediately report the dispute to the General President who shall assign an International Representative to investigate the facts, hear each of the Local Unions involved and render a decision. The decision of the International Representative may be appealed to the General President who may affirm, reverse or modify the International Representative's decision. Any Local Union, party to the dispute, may appeal the decision of the General President to the General Executive Board. State, Provincial and Municipal Laws or Codes SEC. 5. Every Local Union or District Council of the United Association shall establish a committee under the supervision of the General Officers to devise ways and means to amend, change, strengthen or enforce all existing State, Provincial and Municipal laws or codes that regulate and control the plumbing and pipe fitting industry in the particular locality. Better Sanitation SEC. 6. Realizing the constant dangers and innovations in our trade, and knowing many of them are injurious to the general public in health and sanitation, we advocate and recommend that all our members advocate the use of iron sewerage exclusively in the construction of all buildings in their respective localities, knowing it will be beneficial to the health of the community, and we urge our members to use every endeavor to interest the public health and welfare commissions of their respective localities to enact rules and regulations safeguarding this installation for the health of the general public. Welding SEC. 7. Welding of every description and character in its entirety when connected with the plumbing and pipe fitting industry is the work of the members of the United Association. The operating and use of all machines for welding and stress relieving purposes is also the work of the members of the United Association. This is in accordance with the decisions of the American Federation of Labor, the Metal Trades Department, the Building and Construction Trades Department and its national arbiter. Bath Room Accessories SEC. 8. The placing and installation of all toilet and bath room accessories shall be the work of the members of the United Association excepting those made of clay products set in tile. Marble SEC. 9. In the matter of the amount of marble setting to be claimed by journeymen members, it shall be left to local discretion. UNION LABEL SEC. 10. (a) The United Association shall adopt a Union Label, as authorized and approved by the General Executive Board. (b) The General Officers shall enact rules and regulations for the use of said Union Label by certain qualified employers. (c) The right and privilege of using the Union Label of the United Association shall not be granted to an employer unless that employer signs a uniform Union Label Agreement providing for the privilege and for the use of said Union Label upon terms and conditions as set forth in said uniform Union Label Agreement. (d) Before the use of the Union Label may be granted to any employer, such employer must be a party to a United Association Local Union Agreement and must agree to pay the building and construction journeyman's wage rate to all journeymen members in his employ, or employed in fabricating and assembling of pipe formations, and further, such employer must agree that when journeymen in his employ are employed on construction projects, he will pay the prevailing journeyman's building and construction wage rate contained in the United Association's national or the United Association's local agreement covering the place where the construction work is being done. An employer requesting the use of a Union Label who does not operate as a mechanical contractor or perform field work shall not be required to sign a Local Union Building and Construction Trades Agreement, but can sign a fabrication shop agreement with the Local Union. (e) Labels shall not be used by any employer in any plant or shop other than the one named in said agreement. (f) The Union Label shall be used only on pipe, pipe formations, fabricated or processed pipe, pipe work, fittings or fixtures where all of the fabrication, preparation or processing of the pipe for installation is done or performed by journeymen or apprentices receiving the building and construction wage rate. All such fabrication, processing or preparation of any pipe or pipe work or fixtures must be done in the plant, shop or establishment of the employer or on the job site by journeymen and apprentices receiving the building and construction wage rate. (g) Every employer under the uniform Union Label Agreement with the United Association shall have a shop steward, and it shall be the duty of the shop steward to see and be responsible for the Union Label being placed on all piping, pipe fittings, fixtures and equipment that are fabricated or processed in said plant, shop or establishment. The Union Label must be applied to the piping or pipe fittings, fixtures and equipment in the plant, shop or establishment where fabricated or processed, and said label must at no time be removed. (h) A valid Union Label of the United Association shall have the name and address of the employer and the Local Union printed on said label. (i) It shall be the duty of every Local Union, District Council, and member of the United Association to make it generally known to the entire membership of the United Association that all piping, pipe fittings, fixtures and equipment fabricated and processed in a plant, shop or establishment away from the job site shall be prepared by journeymen and apprentices receiving the building and construction wage rate. (j) The General President shall have the right and authority to cancel or revoke the employer's use of the Union Label for any violation or breach of the terms of the uniform Union Label Agreement or for any other just cause. (k) The United Association may adopt a separate Union Label for the fabrication, processing and assembling of all pipe and fixtures for a plumbing system in a fabricating shop. This Union Label shall be authorized and approved by the General Executive Board and its use shall conform to and be governed and controlled by subsections 10(a) through 10(j) inclusive. (l) In exceptional cases and in order to meet competitive as well as technological changes in the plumbing and pipe fitting industry and to preserve and protect the United Association's trade jurisdiction, the General Executive Board may adopt a Union Label for employees engaged in modular and other new methods of construction and the General President is empowered to enact rules and regulations for its use and to enter into and execute Union Label Agreements with such employers whose terms may vary from the preceding subsections. Such Union Label Agreements may be executed in the name of the United Association alone or jointly with other building and construction unions. CONVENTIONS Regular Conventions SEC. 11. Regular conventions of the United Association shall be held once every five (5) years. The date, time and place for holding the convention shall be set and established by the General Executive Board. The General Secretary-Treasurer shall notify all Local Unions as to the city designated where the convention will be held and the date the convention will open. Representation SEC. 12. The basis of representation of delegates to each convention shall be one (1) delegate for each Local Union, provided that said Local Union shall not have less than twenty (20) members in good standing during the month of March prior to the convention, and one (1) delegate for each additional one hundred (100) members. A Local Union, whether a Building and Construction Trades Local Union, or a Metal Trades Local Union, or a combination Local Union, having less than twenty (20) members in good standing during the month of March, may combine with the nearest Local Union and if such Local Unions together have not less than twenty (20) members in good standing during the month of March prior to the convention, they shall be entitled to one (1) delegate together. No Local Union shall be entitled to representation at conventions of the United Association until it has been affiliated at least one (1) year previous to the convention. SEC. 13. For the purpose of determining the number of delegates to which a Local Union is entitled, only those members in good standing during the month of March prior to the date of the convention will be counted. The cash sheet of each Local Union for the month of March shall be used to make this determination. All cash sheets shall be filed in the General Office not later than the 15th day of April prior to the date of the convention. SEC. 14. Each State or Provincial Association, having been organized and recognized by the General Office of the United Association for at least one (1) year prior to the United Association convention, shall be entitled to one (1) delegate. No member shall be eligible to act as a delegate to represent a State or Provincial Association to the International Convention unless he has been a member in good standing of a Local Union within the jurisdiction of said State or Provincial Association for a continuous period of two (2) years previous to his election. Delegates and Alternates SEC. 15. All delegates to the convention shall be elected by secret ballot. Nominations of delegates shall be held by a Local Union at least twenty-five (25) days prior to the election. At least ten (10) days prior to the nomination meeting, notice shall be mailed to the last known address of all members in good standing of the Local Union setting forth (1) the date and place of the nomination meeting, and stating that delegates to a convention will be nominated at the meeting; (2) the notice shall also state the date, time and place of the secret ballot election of delegates to the convention; and (3) the notice should state also that in the event of a tie vote and a runoff election is necessary, then the date, time and place of the runoff shall be so stated. Protests of an election of delegates to the United Association Convention shall be processed under the provisions of Section 126 of this Constitution. SEC. 16. The candidate or candidates receiving the highest number of votes in the delegate election shall be declared the elected delegate or delegates. The candidates receiving the next highest votes shall be the alternates, by descending numerical order, and shall act in case of the inability of any regular delegate to attend the convention. SEC. 17. No member shall be eligible as a delegate or alternate unless he shall have been a good standing member of the Local Union which he is to represent for at least the two (2) continuous years previous to his election and he remains in good standing from the date of his election through the period of the convention. SEC. 18. The duties of weekly salaried elected officers of Local Unions shall also include serving as a delegate to the United Association convention for his Local Union. Note: The interpretation of this section shall not mean that all weekly salaried elected officers are automatically delegates to the United Association convention if the number of weekly salaried elected officers in a given Local Union exceeds the number of delegates the Local Union is entitled to as defined in Section 12. SEC. 19. The Recording Secretary of each Local Union shall, after the election of a delegate or delegates, immediately forward to the General Secretary-Treasurer upon the official credential form the names, card numbers and addresses of the members elected, and the General Secretary-Treasurer shall submit same to the Credentials Committee of the United Association. SEC. 20. The credentials of delegates and alternates elected shall be filed at the General Office at least ninety (90) days prior to the date on which the convention shall be held. SEC. 21. Each delegate shall be entitled to one (1) vote (this to include State and Provincial Association delegates also). SEC. 22. The General Officers of the United Association as represented by the General President, Assistant General President, General Secretary-Treasurer, members of the General Executive Board, and International Representatives shall have all privileges and rights of a delegate at all International Conventions of the United Association. Delegates Expenses - How Paid SEC. 23. The expenses of delegates to the United Association Convention shall be defrayed from the Convention Fund of the United Association upon the following basis: each delegate shall be paid the standard rate of wages in his home town, and an expense allowance for a maximum of one (1) day's travel to the convention site, for a maximum of one (1) day's travel from the convention site to his home, for one (1) day for registration and delegation organization, and for each day the convention is in session. Each delegate shall also be paid his round trip transportation based on regular coach air fare from the city where his home Local Union is located to the convention site by the shortest route. The expense allowance shall be $150.00 per day. In the event any portion of the expense allowance or transportation allowance is not expended it shall be considered as compensation. Wages in this section shall include the basic hourly wage rate established by the collective bargaining agreement of the delegate's Local Union and, also, contributions an employer is required to make by such agreement to health and welfare and pension funds and supplementary unemployment funds. Vacation contributions an employer is required to make that are not included within the basic hourly wage rate, are also considered wages. Apprentice and Industry Fund contributions shall not be considered wages within the meaning of this section. SEC. 24. Within a month prior to the date upon which a convention is to convene, the General Secretary-Treasurer shall cause to have a sufficient amount of money paid in advance to delegates, which amount of money will be charged as delegates' expense, and shall be in an approximate amount sufficient to pay the expense of the delegate or delegates in accordance with the allowance heretofore specified to the last day of the convention. An Expense Committee shall be appointed by the General President prior to the convention, whose duty it shall be to estimate and recommend to the convention the proper amount to be allowed each delegate for transportation and each day's expense in accordance with previous section. If any money shall be due any delegate or delegates according to the report of the committee, as adopted by the convention, said amount shall be advanced by the General Secretary-Treasurer. Resolutions and Amendments SEC. 25. (a) All resolutions and amendments submitted for consideration by delegates shall be approved by their Local Union and filed at the General Office at least ninety (90) days prior to the date on which the convention shall be held, and no resolution or amendment otherwise submitted shall be considered by the convention unless by authority of a two-thirds vote of the delegates. (b) Upon approval by a majority vote in a State or Provincial Association, or other recognized and affiliated United Association bodies, the association or other body shall be entitled to present resolutions to the United Association Convention, and the resolutions shall be signed by the President and Secretary of the State or Provincial Association or other body. Resolutions must be processed through the General Office in the same manner as provided in the preceding paragraph for resolutions submitted by Local Unions. Appointment of Standing Committees SEC. 26. The General President shall appoint the following standing committees: Committee on Credentials, Committee on Rules and Order, Committee on Laws, Committee on State of Association, Committee on Appeals and Grievances, Committee on Resolutions, Committee on Jurisdiction, Committee on Officers' Reports, Committee on Convention Expenses, and Committee on Press. Committee on Credentials SEC. 27. The General President shall appoint a Committee on Credentials consisting of eight (8) members at least one (1) week before the convention and they shall be in session at least twenty-four (24) hours before the time of the convention to receive and act on all credentials. They must be ready to report as soon as the convention is called to order. Committee on Laws SEC. 28. At least twenty (20) days before the meeting of the United Association convention, the General President shall appoint a Committee on Laws, to be composed of seven (7) members. To this committee the General Executive Board shall submit such information, data and propositions as shall be deemed necessary to amend and improve the Constitution, By-Laws and General Laws. SEC. 29. The Laws Committee shall meet at the General Office at least one (1) week previous to the convention and shall proceed assiduously to consider all information, data and propositions and they shall submit a report in full on all propositions favorably acted upon and substance of all propositions adversely acted upon to the convention. All amendments submitted during the sessions shall be referred without debate. It shall have leave to sit during session and shall have the right to report at any time during the convention. Deceased Members SEC. 30. The General President, at the hour of 11 a.m., on the second day of each convention of the United Association, shall rap his gavel, regardless of any other matter, and call on the delegates and guests attending the convention to stand in silence for one (1) minute in respect to our deceased brothers. Special Conventions SEC. 31. (a) Any Local Union in good standing may propose the holding of a special convention of the United Association. By a majority vote of the Local Union, they will adopt a written proposition not to contain more than five hundred (500) words setting forth their reasons for such convention and forward same to the General Executive Board through the General Secretary-Treasurer of the United Association. The General Secretary-Treasurer shall immediately forward the said proposition to all Local Unions of the United Association, asking them to take a vote of their Local Union endorsing or rejecting the proposition of holding a convention on a date specified. If within sixty (60) days from the date of sending the above proposition out to the Local Unions, 25 percent of the general membership endorse the same, then the General Secretary-Treasurer shall immediately send to all Local Unions the necessary ballot to take a general vote on the question, "Will the United Association hold a special convention on the date specified?" (b) Each Local Union shall vote by secret ballot (yes or no) on the proposition to hold or not to hold a convention on the date specified, and shall immediately make returns of votes cast for and against by the members actually present and voting secretly. SEC. 32. The General Secretary-Treasurer shall compile and publish the returns in the UA Journal, and it shall require a two-thirds majority of all votes cast to carry the proposition, and no proposition to hold a special convention shall be considered adopted if less than 55 percent of the good standing membership vote. Change of Convention Decisions SEC. 33. Decisions made by a convention shall not be changed between conventions, except by a referendum vote. GENERAL OFFICERS AND THEIR DUTIES SEC. 34. (a) The officers of the United Association shall consist of a General President, Assistant General President, General Secretary-Treasurer, six (6) Vice Presidents, and thirty-two (32) International Representatives. They shall be elected for five (5) years or until their successors are elected and installed, and all officers of the United Association shall devote eight (8) hours of their time each work day to the business of the United Association. In addition, between January 1, 1997 and August 1, 2001 the General President shall be empowered to appoint up to two additional International Representatives, who shall be officers of the United Association and who shall be appointed to serve until their positions are filled by election at the next regular convention in 2001. All full-time paid General Officers and International Representatives shall receive a two (2) week vacation annually with full wages. (b) The General President, upon retirement, with the consent and approval of the General Executive Board, shall assume the title and position of General President Emeritus for life and shall perform such duties and undertake such assignments as the General President may from time to time request. SEC. 35. (a) The General President is authorized to employ Special Representatives as the occasion arises, their compensation to be determined by him. Special Representatives shall be paid a weekly allowance of $750.00 for hotel, meals and other incidental expenses and, in the event any portion of such allowance is not expended, it shall be considered as compensation. In addition, they shall be reimbursed for airplane, railroad and other transportation costs and such other extraordinary expenses as may be incurred in the discharge of their duties. (b) They shall file an expense account for all reimbursable or extraordinary expenses upon forms furnished by the General Secretary-Treasurer. Such expense accounts shall be submitted to and approved by the General Executive Board. Special Representatives shall receive a two (2) week vacation annually with full wages. (c) In employing Special Representatives pursuant to this section, the General President may establish titles for such personnel that are descriptive of the duties to which the personnel are assigned by the General President. SEC. 36. (a) Recognizing that the General Officers and Special Representatives of the United Association do not work regularly scheduled hours and receive no compensation for overtime or premium pay and also recognizing that the General Officers and Special Representatives are required to pay varying amounts for lodging and meals, depending upon the city to which they travel, and recognizing that they must participate in cultural, civic, political, educational, charitable, social and other activities in addition to their basic duties as provided by the Constitution and By-Laws of the United Association and that such activities benefit the United Association, the Local Unions and the members; and further, that the time spent in such activities is unpredictable and unascertainable, the General Officers and Special Representatives are granted a weekly allowance, both for in-town and out-of-town work, respectively, which, in the case of out-of-town work, shall cover hotel and meals and other incidental expenses. Such General Officers and Special Representatives shall not be required to make a daily, weekly or other accounting to the United Association for such allowance as provided in this Constitution. (b) In addition to the allowances set forth with respect to each particular General Officer or Special Representative, all United Association General Officers or Special Representatives or special employees shall be reimbursed for all air travel, railroad and other transportation costs and such other extraordinary expenses incurred by them in connection with their activities. Eligibility SEC. 37. Any member of the United Association, provided he has been a continuous good-standing member for not less than three (3) years prior to election and who has not reached his 65th birthday by the date of nomination, shall be eligible for any office in the United Association. Any General Officer or International Representative who reaches his 65th birthday while holding office shall be allowed to complete his current term of office. Election SEC. 38. The election of General Officers of the United Association shall take place at the quinquennial convention, an absolute majority of all votes cast being necessary for election. Should no candidate receive a majority of all votes cast upon the first ballot, then there shall be a new ballot taken, and all candidates shall be dropped from the list except the one who received the highest number of votes and the one receiving the next highest number of votes. All officers so elected shall take office on January 1, following. Obligation of General Officers SEC. 39. Each General Officer, after being duly elected at a convention of the United Association, shall, in the presence of the delegates of the convention, take the following pledge and oath of obligation: In the presence of the delegates of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, here assembled in convention, I (STATE NAME)___________ do hereby certify that I am familiar with the provisions and requirements of the Constitution and Ritual of the United Association and I do hereby pledge and obligate myself to perform the duties and obligations of the office to which I have been elected during my official term and thereafter in the manner and to the extent specified and intended by the Constitution and Ritual of the United Association, and that in the performance of my official duties I will require all members to comply fully with their duties and obligations and will give due consideration to the rights of all members without prejudice and without exception, and I will deliver to my successor all books, papers, monies or other property of the United Association which may be in my possession at the close of my official term, all in accordance with this pledge and obligation taken. General Officers Convention Report SEC. 40. The General Executive Board with the General President and General Secretary-Treasurer shall make a Convention Report for all the General Officers of the United Association. The International Representatives shall submit their recommendations to the General Office at least three (3) months prior to the convention. Pension Plans SEC. 41. (a) The pension and retirement plan covering all Officers and Special Representatives shall be continued under a trust agreement and plan approved by the General Executive Board. (b) Local Union Officers and Employees-The General Officers shall establish and maintain a National Pension Plan for full-time, salaried officers and employees of Local Unions, State and Provincial Associations, and District Councils. All Local Unions, State and Provincial Associations, and District Councils shall contribute 15% of the salaries of such officers and employees to support and finance this pension plan. The amount of contribution to the Pension Plan shall be in addition to the salary presently being paid to the full-time officers and employees. The General Officers are authorized and empowered to make the necessary actuarial study as the basis for the establishment of a pension plan and to determine the level of pension benefits, rules of eligibility, and all other terms and conditions of the pension plan. The General Officers are further directed and authorized to establish and maintain a Trust Fund, adopt a pension plan, and institute all the administrative procedures necessary to implement and carry out the establishment of a national pension plan for full-time salaried officers and employees of Local Unions, State and Provincial Associations, and District Councils, as of January 1, 1967. Impeachment SEC. 42. (a) Any officer of the United Association who violates the Constitution or laws of the United Association, or who is negligent in his duties as an officer of the United Association, can, upon action of any Local Union in good standing, if seconded by 20 percent of the membership of the United Association, be impeached, and after having had an impartial trial by the General Executive Board, and found guilty by that body, be removed from his respective office. The officer impeached or the Local Union who preferred the charges, when not satisfied with the result of the trial, can appeal to the general vote of the members. The decision of the members on the general vote shall be final. (b) The General Executive Board may, upon sufficient proof being introduced, suspend such officer pending the referendum herein contained. The officer thus suspended shall give Power of Attorney to his successor, who shall be appointed by the General Executive Board pending the vote by referendum to which his case may be appealed. Funeral Expenses SEC. 43. No funeral expenses of General Officers shall be paid from the general funds without the consent of the Local Unions of the United Association, except where an officer or a representative of the United Association is taken sick and dies away from home in the interests of the United Association; then the General Executive Board is empowered and is hereby instructed to take charge of the arrangements and pay all necessary expenses to place said officer or said representative in his home. Vacancy in Office SEC. 44. (a) The General President shall be authorized to fill any vacancy in any of the General Offices for the unexpired term of said office with the approval of the General Executive Board. (b) Upon the death, disability or resignation of the General President, the Assistant General President shall assume the duties of the General President. Within five (5) days after the assumption of the duties of the office of General President, the Assistant General President shall call and convene the General Executive Board to elect, by secret ballot, a successor to the office of General President for the balance of the unexpired term. Salary Adjustments SEC. 45. Notwithstanding other provisions contained in this Constitution, the General President and the General Secretary-Treasurer shall be authorized between conventions to increase or decrease salaries of the General Officers, International Representatives and Special Representatives whenever, in their judgment, salary inequities exist or economic facts and circumstances or the financial well- being of the United Association warrant such action, provided such increase or decrease of salary shall be approved by the General Executive Board. General President SEC. 46. (a) It shall be the duty of the General President of the United Association to preside at all conventions and meetings of the General Executive Board of the United Association and conduct the same according to the Constitution and rules of order, and should the meeting be equally divided by vote on any question he shall cast the deciding vote. (b) He shall by virtue of his office serve as a credentialed delegate to the American Federation of Labor and Congress of Industrial Organizations Convention and all its affiliated departments and shall appoint all of the necessary delegates to these conventions, as well as to the Canadian Federation of Labour and also to such other conventions as may be deemed necessary for the welfare of the United Association, and supervise the entire interests of the United Association, and endeavor to settle all disputes arising in the United Association, subject to appeal to the General Executive Board of the United Association. (c) He or his authorized representative shall, after notice and hearing, have the power to suspend any Local Union of the United Association for violation of the laws and Constitution of the United Association or for any acts detrimental to the interest of the labor movement and the United Association. (d) He shall sign all orders on the treasury for the payment of such monies as are legally authorized and shall issue the quarterly password. He shall sign all charters and submit to the General Secretary-Treasurer an itemized account of all monies expended by him in behalf of the United Association, which shall be paid by the General Secretary-Treasurer upon approval of the General Executive Board. (e) In case of emergency he shall have authority to call a meeting of the General Executive Board. (f) He is empowered to render decisions and to adjust disputes among affiliates of the United Association and/or others concerning the interpretation or application of this Constitution, and/or concerning any matter related to the United Association. He may delegate this authority pursuant to other provisions of this Constitution and he may, in his discretion, defer to decisions and adjustments of other officers rendered pursuant to their powers under this Constitution. All decisions of the General President shall be subject to appeal to the General Executive Board, except where specifically limited by this Constitution. (g) The General President shall appoint from and among the International Representatives a Director of Organization and a Director of Trade Jurisdiction, who shall be under the direct supervision and control of the General President. They shall be paid an annual salary in the sum of $112,200.00, to be paid in monthly installments, and they shall be paid an allowance of $750.00 per week for hotel, meals and other incidental expenses, and in the event any portion of such allowance is not expended it shall be considered as compensation. In addition, they shall be reimbursed for air travel, railroad or other transportation costs and such other extraordinary expenses as may be incurred in the discharge of their duties. They shall file an expense account for all reimbursable and extraordinary expenses upon forms furnished by the General Secretary-Treasurer. Such expense account shall be submitted to and approved by the General Executive Board. (h) In localities where a strike or lockout by a combination of employers is threatened, the General President shall be empowered to investigate and arbitrate with the employers for the removal of the cause that prevents an amicable adjustment. (i) The General President may appoint from and among the International Representatives three (3) Administrative Assistants who shall be under the direct supervision and control of the General President, their salary to be determined by the General President subject to the approval of the General Executive Board. They shall be paid an allowance of $750.00 per week for hotel, meals and other incidental expenses and, in the event any portion of such allowance is not expended, it shall be considered as compensation. In addition, they shall be reimbursed for air travel, railroad or other transportation costs and such other extraordinary expenses as may be incurred in the discharge of their duties. They shall file an expense account for all reimbursable and extraordinary expenses upon forms furnished by the General Secretary-Treasurer. Such expense accounts shall be submitted to and approved by the General Executive Board. (j) The General President shall appoint from among the Canadian members a Director of Canadian Affairs who shall be under the direct supervision and control of the General President, his salary to be determined by the General President subject to the approval of the General Executive Board. He shall be paid an allowance of $750.00 per week for hotel, meals and other incidental expenses and, in the event any portion of such allowance is not expended, it shall be considered as compensation. In addition, he shall be reimbursed for air travel, railroad or other transportation costs and such other extraordinary expenses as may be incurred in the discharge of his duties. He shall file an expense account for all reimbursable and extraordinary expenses upon forms furnished by the General Secretary-Treasurer. Such expense accounts shall be submitted to and approved by the General Executive Board. SEC. 47. The General President shall receive for his services the sum of $172,392.00 per year, to be paid in monthly installments. He shall be paid an allowance of $750.00 per week for hotel, meals and other incidental expenses and, in the event any portion of such allowance is not expended, it shall be considered as compensation. In addition, he shall be reimbursed for all air travel, railroad and other transportation costs and such other extraordinary expenses as may be incurred in the discharge of his duties. He shall file an expense account for all reimbursable and extraordinary expenses upon forms furnished by the General Secretary-Treasurer. Such expense accounts shall be submitted to and approved by the General Executive Board. Any expenditure above and beyond the weekly allowance of $750.00 that, in his judgment, is reasonably related to furthering the objectives and purposes of the United Association and its membership, and is supported by vouchers, shall be considered extraordinary. Assistant General President SEC. 48. (a) The duties of the Assistant General President shall be to assist the General President and perform the work assigned to him by the General President. He shall be under the supervision and direction of the General President. (b) He shall receive for his services the sum of $143,748.00 per year, to be paid in monthly installments, and he shall be paid an allowance of $750.00 weekly for hotel, meals and other incidental expenses and, in the event any portion of such allowance is not expended, it shall be considered as compensation. In addition, he shall be reimbursed for air travel, railroad or other transportation costs and such other extraordinary expenses as may be incurred in the discharge of his duties. (c) He shall file an expense account for all reimbursable and extraordinary expenses upon forms furnished by the General Secretary-Treasurer. Such expense accounts shall be submitted to and approved by the General Executive Board. Any expenditure above and beyond the weekly allowance of $750.00 that, in his judgment, is reasonably related to furthering the objectives and purposes of the United Association and its membership, and is supported by vouchers, shall be considered extraordinary. (d) The General President may direct or delegate the Assistant General President to act for him in any manner wherever the General President deems it necessary or proper. General Secretary-Treasurer SEC. 49. (a) The General Secretary-Treasurer shall keep a true record of the proceedings of the United Association and meetings of the General Executive Board. He shall keep a correct list of all Local Unions, the numbers of same and the addresses of all the Business Agents and Secretaries of said Local Unions. This book shall be known as the United Association Roll Call, same to be kept in the office of the General Secretary-Treasurer. He shall attend to all correspondence, etc., which may not require the consideration of the General President and the General Executive Board. He shall communicate with each Local Union when necessary. He shall collect and receipt for all monies due the United Association. (b) He shall be furnished with a special seal which shall be affixed to all official documents except circular letters. He shall keep a copy of all documents and communications issued from his office and have same properly indexed. SEC. 50. He shall keep a correct and accurate list of the membership of each Local Union, including the number of journeymen and the number of apprentices and their financial standing. He shall record any disciplinary action taken against a member approved by the General Executive Board, and keep a record thereof. SEC. 51. He shall keep a history of each member of the United Association. SEC. 52. The General Secretary-Treasurer shall make a semi-annual financial report to each Local Union. He shall, in due time, notify all financial secretaries of Local Unions to elect delegates to the convention. He shall expend not more than $250.00 at any time without having first submitted same to the General Executive Board for their sanction provided, however, the General Executive Board may authorize the General Secretary-Treasurer to pay current, fixed or recurring operating expenses such as salaries, rent, taxes, telephone, janitorial services, purchases of necessary supplies or other expenses, prior to the General Executive Board's sanction of the expenses. In sanctioning the expenses of the funds of the United Association, the General Executive Board is empowered to approve such expenditures as are in accordance with standard practices, customs and procedures of the United Association including but not limited to the payment of consultants retained to advise on financial and other matters, allowances and expenses for members of the United Association appointed to act as Hearing Officers or to carry out special assignments or to represent the United Association at conventions and meetings of other labor organizations or labor federations. The General Executive Board is empowered to sanction any expenditure that is in their judgment reasonably related to furthering the objectives and purposes of the United Association and its membership. The General Secretary-Treasurer shall deposit all money over the sum of $250.00 in the name of the United Association, in such banks as may be designated by the General Executive Board. He shall procure a surety bond for every officer, agent, representative or employee of the United Association who handles funds or other property thereof, as required by law. SEC. 53. He shall be empowered to employ such help as is absolutely necessary and he shall submit to the General Executive Board for their approval a monthly statement of this expense together with the names of the employees and the salaries they receive. He shall render decisions and adjust matters in dispute which arise out of the duties of the office of General Secretary-Treasurer as set forth in the Constitution. The decisions of the General Secretary-Treasurer shall be subject to appeal to the General Executive Board. SEC. 54. He shall furnish an annual report to the General Executive Board of the affairs of his office, including an itemized account of receipts and expenses in printed form, and any other matter that may be deemed of sufficient importance. He shall in conjunction with the General President prepare specifications governing as far as possible all printed matter, which shall be submitted to at least four (4) reputable firms for estimates on printing. Copies of these estimates are to be sent to the General Executive Board with such recommendations as he may care to offer for the approval of the Board. SEC. 55. (a) He shall receive the sum of $158,400.00 per year to be paid in monthly installments and he shall be paid an allowance of $750.00 per week for hotel, meals and other incidental expenses, and in the event any portion of such allowance is not expended, it shall be considered as compensation. In addition, he shall be reimbursed for all air travel, railroad and other transportation costs and such other extraordinary expenses as may be incurred in the discharge of his duties. (b) He shall file an expense account for all reimbursable and extraordinary expenses upon forms furnished by the General Secretary-Treasurer. Such expense accounts shall be submitted to and approved by the General Executive Board. Any expenditure above and beyond the weekly allowance of $750.00 that, in his judgment, is reasonably related to furthering the objectives and purposes of the United Association and its membership, and is supported by vouchers, shall be considered extraordinary. (c) He shall be given the privilege of a vacation of two (2) weeks each year, the same to be of one (1) duration or at intervals. General Executive Board SEC. 56. (a) The General Executive Board shall consist of six (6) Vice Presidents allotted to the following districts: One from District No. 1-Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Vermont. One from District No. 2-District of Columbia, Indiana, Kentucky, Maryland, Michigan, Ohio, Pennsylvania and West Virginia. One from District No. 3-Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, New Mexico, North Carolina, Republic of Panama, South Carolina, Tennessee, Texas and Virginia. One from District No. 4-Illinois, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, North Dakota, South Dakota, Wisconsin and Wyoming. One from District No. 5-Alaska, Arizona, California, Colorado, Hawaii, Idaho, Nevada, Oklahoma, Oregon, Utah and Washington. One from District No. 6-Canada. (b) The General President and General Secretary-Treasurer shall have the discretionary authority to realign and reallocate the states that comprise the districts of the six (6) Vice Presidents with the approval of the General Executive Board. SEC. 57. (a) The General Executive Board shall have full discretionary power over all things connected with the Association between conventions (except decisions made at conventions), and they shall furnish each convention with a detailed report of all proceedings of said Board. (b) The General Executive Board shall have authority to approve the merger of any Union into the United Association and to take any action necessary to effectuate such mergers notwithstanding any provisions of the United Association Constitution to the contrary. SEC. 58. In all matters that go before the General Executive Board for its action, the involved Local Union or Local Unions shall be notified of the General Executive Board's disposition of the matter. SEC. 59. (a) The General Executive Board shall meet at the close of each convention to organize and take up all propositions referred to them by the convention and they shall, at this time, allot the expense accounts of the delegates to the various conventions, departments and conferences of the American Federation of Labor and Congress of Industrial Organizations and such other committees as are necessary for conducting the business of the United Association. (b) They shall be empowered to meet at any time during the interval between conventions that the majority of the Board deems necessary for the welfare of the United Association. They shall meet at the General Office or in such other convenient place or city, as decided by the General President and the General Secretary-Treasurer, and all necessary expenses for such meetings shall be paid by the General Secretary-Treasurer. (c) The General Executive Board shall carefully examine and pass upon all appeals for financial aid. The General Executive Board shall regulate all seals or protective designs to be distributed to the members of the United Association in such form as will be of service in protecting the labor of the members of the United Association, and shall prescribe such rules and regulations as they may deem necessary for the use of same. (d) They shall receive for their services a salary of $36,856.00 per annum. The General Executive Board, while in session, shall be paid the standard rate of wages paid in his home town or his daily wages received from his employment, whichever is higher; an allowance of $100.00 per day for hotel and meal expenses; an allowance of $50.00 per day for other incidental expenses, while in session, and, in the event any portion of such allowances is not expended, it shall be considered as compensation. In addition, they shall be reimbursed for all air travel, railroad and other transportation costs. (e) They shall file an expense account for all reimbursable expenses upon forms furnished by the General Secretary-Treasurer. SEC. 60. In all matters requiring action by the General Executive Board, when the General Executive Board is not in formal session, the General Executive Board may act by telegram, by letter, or by conference telephone call. Whenever the General President or General Secretary-Treasurer require action by the General Executive Board, they may obtain the same by letter, by telegram, or by conference telephone call among the members of the General Executive Board, and such members may take action on the matters brought to their attention in this manner. Such action so taken by the members of the General Executive Board shall constitute action by the General Executive Board as though the General Executive Board was in formal session. SEC. 61. When a member of the General Executive Board does not act on matters referred to him in one (1) week's time after notification, the General President and the General Secretary-Treasurer shall take such action as they see fit for the best interest of the United Association with a view to removing said member of the Board, provided, however, that the neglect has not been caused by sickness or other just causes. SEC. 62. The majority of four (4) members shall constitute a quorum and any action by said quorum shall be valid for all intents and purposes as though taken by the full membership. SEC. 63. The Vice Presidents in their respective districts shall act as the legal representatives of the General President of the United Association. International Representatives SEC. 64. The General President shall compose districts and to each district one (or more) International Representatives shall be assigned by the General President, to assume duties therein until assigned to another district by the General President. A minimum of three (3) International Representatives, who shall be citizens of Canada, shall be assigned to the Canadian district. The International Representatives of this Association shall be under the supervision of the General President and when directed by the General President they shall have full power and authority to settle all disputes and grievances of any kind in or between Local Unions, District Councils, or State or Provincial Associations, or between members and Local Unions; and they shall have full power and authority to suspend and revoke the charters of Local Unions, District Councils, or State or Provincial Associations in accordance with the provisions of Sections 91 and 94 of this Constitution, when directed by and with the consent of the General President. They shall, when not otherwise engaged, prepare an itinerary for Local Unions situated in their district, so as to avoid any unnecessary travel, including therein such unorganized towns whose importance would warrant a Local Union of the United Association. SEC. 65. Previous to their arrival, they shall have notified Secretaries of Local Unions of their coming and instruct the Secretaries to call a meeting (special or regular as the case may be) and instructions shall there be given as to the nature of the services required, but in no case shall the International Representatives devote any time, assistance or attention, to the individual interest or benefits of any members. During meetings of the General Executive Board the International Representatives will continue in their districts unless requested to be at such meetings by the General President. SEC. 66. Each International Representative shall have a commission signed by the General President and General Secretary-Treasurer, and no member except an officer of the United Association may act as an International Representative without such commission. All commissions shall expire on December 31st, or sooner, if so desired by the General President and General Secretary-Treasurer. The following is the form of commission: United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada composed of journeymen and apprentices, who have jurisdiction over every branch of the plumbing and pipe fitting industry, affiliated with the American Federation of Labor and Congress of Industrial Organizations, Building and Construction Trades Department, Metal Trades Department, Union Label and Service Trades Department, Maritime Trades Department, and Canadian Federation of Labour. To Whom It May Concern: This is to certify that ________________is hereby authorized and legally commissioned to act as_____________ in any district in the United States and Canada to which he might be assigned, with full power and authority to found and install Local Unions, District Councils, and State and Provincial Associations, under the jurisdiction of the United Association; and with full power to settle all disputes or grievances of any kind in or between Local Unions, District Councils or State or Provincial Associations, or between members and Local Unions, when directed by the General President, and to suspend or revoke the charters of any such Local Unions, District Councils, or State or Provincial Associations, for violation of the Constitution, rules and established customs of the United Association, in accordance with Sections 90 and 93 of this Constitution; and to obligate and initiate members and install officers in accordance with the laws of the trade or calling of which the Union is composed. Each International Representative shall have during the life of his commission all of the power and duties therein recited. This commission to remain in full force and operation from ________ to_______ unless revoked previous to the expiration of said term. Given under our hand and seal by approval and direction of the General Executive Board of the United Association, this _______ day of______, 19____. ____________________________________ General President ____________________________________ General Secretary-Treasurer SEC. 67. The General President shall prescribe such rules, subject to the approval of the General Executive Board, for the guidance and instruction of International Representatives as from time to time shall be deemed necessary. The General Secretary-Treasurer shall forward all supplies for new Local Unions to the official International Representative for that district, who shall deliver the same to the Local Union when organized. SEC. 68. International Representatives shall furnish monthly to the General President a detailed report of the business transacted, and shall make such recommendations as in their judgment may be required for the welfare of the United Association and its Local Unions. SEC. 69. Should an emergency arise, by direction of the General President, the International Representatives shall cancel dates previously made and proceed as directed. They shall receive for their services the sum of $95,400.00 per annum, to be paid in monthly installments. They shall furnish a pre-convention report to the General Officers, with recommendations, and said report must be received at the General Office at least three (3) months prior to the convention. SEC. 70. (a) All regular International Representatives shall be paid an allowance of $750.00 per week for hotel, meals and other incidental expenses and, in the event any portion of such allowance is not expended, it shall be considered as compensation. In addition, they shall also be reimbursed for all air travel, railroad and other transportation costs and such other extraordinary expenses as may be incurred by them in the discharge of their duties. (b) They shall file an expense account for all reimbursable and extraordinary expenses upon forms furnished by the General Secretary-Treasurer. Such expense accounts shall be submitted to and approved by the General Executive Board. SEC. 71. For any neglect of duty the commission of an International Representative may be suspended by the General President and such International Representative shall stand suspended pending his appeal if he so desires to the General Executive Board, who shall ascertain all the facts in the case, and whose findings shall be final. Said International Representative may appeal to the next United Association Convention, but in the interim his commission stands revoked, and the General Executive Board shall in the event of the suspension, select a member of the United Association to fill his unexpired term. JOURNAL SEC. 72. The General Secretary-Treasurer shall cause to be issued from his office a monthly journal, in magazine form. Said journal shall be edited and managed by him, under the direction of the General Executive Board. SEC. 73. The official UA Journal shall be furnished free of charge to the members of the United Association. All matters relating to the UA Journal shall be controlled by the General Secretary-Treasurer and the General Executive Board. GENERAL FUNDS SEC. 74. (a) Effective January 1, 1997 each Local Union shall pay to the General Secretary-Treasurer a per capita tax of $15.00 per member from each Building and Construction journeyman and apprentice member's monthly dues. Of this amount, $9.40 shall be placed in the General Fund. The General Secretary-Treasurer shall deposit $1.95 of the $15.00 per capita tax in the Burial Expense Benefit Fund for the sole purpose of the payment of burial expense benefits. The General Secretary-Treasurer shall deposit in the Convention Fund $1.15 of the per capita tax for the sole purpose of defraying the cost of the convention. The General Secretary-Treasurer shall deposit $1.00 into the Organizing Fund for organizing the non-organized. The General Secretary-Treasurer shall deposit the balance of $1.50 into a Training Fund account established as of January 1, 1992 by the General President. This fund, to be used for training purposes, shall be under the direction of and administered by the General President. (b) Effective January 1, 1997, each Local Union shall pay to the General Secretary-Treasurer a per capita tax of $14.00 per member from the monthly dues of each Metal Trades journeyman and apprentice and other classifications of membership. Of this amount, $8.40 shall be placed in the General Fund, $1.95 in the Burial Expense Benefit Fund, $1.15 in the Convention Fund, $1.00 in the Organizing Fund, and $1.50 in the Training Fund referred to in Section 74(a). (c) If at any time it is determined that additional funding is needed for a particular fund or for a particular purpose, the General President and General Secretary-Treasurer, with the approval of the General Executive Board, shall have the right to transfer money from the General Fund into a particular fund or for a particular purpose. If at any time there is a surplus in the Organizing Fund, the General President and the General Secretary-Treasurer, with the approval of the General Executive Board, shall have the right to allocate the transfer of the surplus, or portions thereof, from the Organizing Fund to the Burial Expense Fund, the Convention Fund, or the General Fund based on their discretionary judgment as to the fund or funds that are in need of additional revenues. (d) In order to carry into effect the increase in per capita tax, effective January 1, 1997, the monthly Local Union dues of each and every Building and Construction journeyman and apprentice member of the United Association shall be automatically increased $4.00 per month over and above the amount of monthly Local Union dues in effect prior to that date. Effective January 1, 1997, the monthly Local Union dues in effect prior to that date for each and every Metal Trades journeyman and apprentice and other classifications of membership shall be automatically increased $4.00 per month. (e) The per capita tax of all members paid to the General Secretary-Treasurer from their monthly dues shall be increased by $1.00 per month on January 1, 1999, but this $1.00 increase shall not become effective until the balance in the General Fund of the United Association falls below $200.00 per member and the General President recommends to the General Executive Board that the $1.00 per month increase become effective. Upon approval of the General Executive Board the $1.00 per month increase shall become effective, and deposited in the General Fund. (f) If and when the General Executive Board approves the $1.00 increase described in (e) above, the monthly Local Union dues of each and every Building and Construction journeyman and apprentice member of the United Association shall automatically be increased $1.00 per month over and above the amount of monthly Local Union dues in effect immediately prior thereto, and the monthly Local Union dues for each and every Metal Trades and Marine Pipefitter journeyman and apprentice and other classifications of membership shall be increased $1.00 per month over and above the amount of the monthly Local Union dues in effect immediately prior thereto. (g) All members with fifty (50) years of continuous membership in the United Association, who have retired, will no longer be required to pay dues to the United Association provided that they will also be exempt from paying any dues or assessments in their own Local Union, and that the Local Union officers so notify the General Officers of the United Association, and make application for exemption from paying any further per capita tax. (h) The United Association shall also receive 50 percent of all $40.00 initiation fees, $50.00 reinstatement fees, $100.00 issuance of withdrawal card fees, $100.00 reinstatement fees for members reinstating with a current paid up withdrawal card, $100.00 for renewal of withdrawal card fees, and entire amount of $3.00 charter fees on each charter member, together with sum total of all United Association assessments levied by the General Executive Board. (i) Dues, initiation fees, fines and assessments imposed by Local Unions shall be placed in Local Union funds. Local Unions may also impose fines or assessments for failure to attend regular meetings or do committee work or to attend authorized meetings in the interest of the Local Union, not to exceed a maximum of $5.00 for any one (1) offense. A Local Union Executive Board shall have the authority to excuse a member from such attendance requirements, when it finds the member has presented what it considers a justifiable reason for his absence. The Local Union Executive Board's decision in this regard shall be final, binding, and not appealable. SEC. 75. Whenever the funds of the United Association shall fall below the sum of $2.00 per capita, the General Executive Board shall levy an assessment on each member to replenish the same. SEC. 76. When assessments are levied by the General Executive Board on the general membership, Local Unions shall collect and forward the entire amount within the date specified. For failure to collect same, they shall stand suspended after due notification by the General Secretary-Treasurer until the same has been collected and properly reported upon. SEC. 77. (a) Any Local Union failing to pay per capita tax or assessments to the United Association for a period of three (3) months shall stand suspended. Should a Local Union become six (6) months in arrears for per capita tax to the United Association, its charter shall be subject to revocation by the General Executive Board. (b) The General Secretary-Treasurer shall notify all Local Unions when two (2) months in arrears, but failure to receive such notice shall not prevent the suspension of a Local Union should it become three (3) months in arrears. Reserve Fund SEC. 78. (a) When the receipts to the General Fund will permit, 10 percent of such receipts shall be placed in the Reserve Fund and invested in safe securities. The principal and interest of this fund shall be used when necessary to replenish the General Fund and shall be used also for convention expenses. The transfer or expenditure from such fund must receive the consent of the General Executive Board. (b) The funds of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, may be invested in bonds, notes, common stocks and other suitable investments without being confined to investments which are commonly referred to as "legal list" investments under any particular state law. CHARTERS Local Unions SEC. 79. The United Association shall issue charters to three (3) classes of Local Unions: Building and Construction Trades Local Unions, Metal Trades Local Unions, and combination Local Unions. Building and Construction Trades Local Unions SEC. 80. Membership in a Building and Construction Trades Local Union shall be composed of journeymen and apprentices qualified and eligible to work under the jurisdiction of the Building and Construction Trades Department of the AFL-CIO. Combination Local Unions SEC. 81. Membership of a combination Local Union shall consist of qualified journeymen and apprentices eligible for membership in the jurisdiction of a Building and Construction Trades Local Union, and journeymen, apprentices and production workers eligible for membership in a Metal Trades Local Union. Applications for Charters SEC. 82. Charters shall not be issued for a Building and Construction Trades Local Union or for a Metal Trades Local Union or a combination Local Union, in any city or town, unless there are at least eight (8) qualifying journeymen who make application for a charter. The application shall state the type and kind of Local Union to be chartered, and whether it shall be a Building and Construction Trades Local Union, a Metal Trades Local Union, or a combination Local Union. The names of the applicants shall be forwarded to the General Secretary-Treasurer who shall check such names from the records in the General Office and with the Local Unions in whose jurisdiction such applicants were formerly employed. The General Secretary-Treasurer shall furnish the necessary supplies without reference to the General Executive Board. The charter fee for each member shall be $3.00, with the entire amount to be sent to the General Secretary-Treasurer. Charters for Separate Branches SEC. 83. In cities and towns where there is a combination Local Union, either branch of the combination Local Union may be granted a separate charter for its particular branch upon application of two-thirds of the membership of the entire combination Local Union who have been members of said Local Union for at least six (6) months previous to the application. The granting of such separate charter shall be subject to the approval of the General Executive Board. Consolidation of Local Unions SEC. 84. Whenever, in the judgment of the General President, it is apparent that there is a superfluous number of Local Unions in any locality, and that a consolidation would be for the best interest of the United Association, locally or at large, he shall have the power to order Local Unions to consolidate and to enforce the consolidation of said Local Unions, or said territory in one or more Local Unions, provided such course received the sanction of the General Executive Board. Refrigeration or Speculative Housing and Residential Branches SEC. 85. The General Officers are empowered to institute in existing Building and Construction Trades Local Unions or combination Local Unions divisions for organizing in the refrigeration or speculative housing and residential branches of the plumbing and pipe fitting industry. They are also empowered to set up any and all rules and regulations, including initiation fees and dues necessary for membership requirements. Building and Construction Trades Local Unions or combination Local Unions may set up such divisions upon application to, and approval by, the General Officers. New Divisions of Membership SEC. 86. The General President may establish new divisions of membership for any type of worker employed on any kind of work allied to or connected in any manner with the plumbing and pipe fitting industry, and workers in any other industries not allied or connected with the plumbing and pipe fitting industry, in order to protect the bargaining rights of workers who are allied to or connected with the plumbing and pipe fitting industry. District Councils SEC. 87. (a) Whenever in any city, town, or locality, two or more Local Unions of the United Association are now or may hereafter be established, it shall be compulsory and mandatory on said Local Unions to establish and set up a District Council, chartered by and under the supervision of the General Officers. The functions of the District Council shall be to coordinate the efforts of all affiliated Local Unions to (1) secure beneficial legislation for the plumbing and pipe fitting industry; (2) to secure coordinated efforts in organizational activities; (3) to secure mutual aid and assistance in trade or labor disputes; and (4) to secure uniform wages, hours and working conditions in the plumbing and pipe fitting industry. (b) The District Council shall be composed of various delegates, elected by secret ballot, of affiliated Unions for a term of at least two (2) years or more. (c) The officers of the District Council shall be elected by secret ballot. A nomination meeting shall be held at least twenty-five (25) days prior to the election. At least ten (10) days prior to the nomination meeting notice shall be mailed to the last known address of the delegates of the Local Unions of (1) the date and place of the nomination meeting and the offices for which candidates are to be nominated at the meeting, and (2) the date, time and place of the secret ballot election of officers. (d) The District Council may elect as regular authorized officers a Business Manager, corresponding Recording Secretary, a Financial Secretary-Treasurer, and such other officers as may be required. The financial officer must forward a financial report to all affiliated Local Unions quarterly. (e) The District Council has the right to levy regular monthly assessments or temporary ones upon affiliated Local Unions for the purpose of defraying necessary expenses. State Associations and Provincial Associations SEC. 88. Each state and/or province, if a majority of the Local Unions who compose it desire, may form a State or Provincial Association, charter for same to be granted by the United Association. Where such State or Provincial Association exists it will be mandatory upon all Local Unions in that State or Province to affiliate. SEC. 89. State Associations, Provincial Associations, and District Councils may have special seals for their secretaries and such stationery as they may require for the proper conduct of their office. They shall also have the power to create by special per capita such funds as in their judgment seem wise, such funds to be used for the protection and promotion of the plumbing and pipe fitting industry in their respective jurisdictions. Suspension of Local Unions SEC. 90. (a) The General President or his authorized representative shall have the power to suspend any Local Union, District Council, or State or Provincial Association of the United Association for violation of the laws and Constitution of the United Association or for any acts detrimental to the interests of the labor movement and the United Association. (b) The General President or his authorized representative shall cause to be served upon a Local Union a copy of the charges in writing together with a notice of the date, time and place of the hearing. Service of such written charges and notice of hearing must be made at least five (5) days before the hearing date. Service of the written charges and notice of hearing shall be made by either serving personally the Recording Secretary of the Local Union, or any duly elected officer thereof, or by serving by certified mail a copy of the charges upon the Recording Secretary. (c) Any Local Union, District Council, or State or Provincial Association suspended by the General President or his authorized representative shall remain suspended until such affiliated body reports in writing that it has complied with the order of the General President or his authorized representative. The report of the Local Union, District Council, or State or Provincial Association must be approved by the General President and confirmed by the General Executive Board. (d) Suspended Local Unions shall not receive supplies, benefits, reports or the password from the General Office until the order of suspension has been complied with. Any Local Union suspended by the General President or his authorized representative shall lose for the period of its suspension, all monetary and membership privileges in the United Association, including District Pipe Trades Councils, and State or Provincial Associations of the United Association. All central labor bodies, state federations, and local Building Trades Councils shall be notified to exclude such delegates. SEC. 91. The General President in exercising his powers under Section 90 may appoint from the membership of the United Association a hearing officer or officers to hear the charges preferred against any Local Union, District Council, or State or Provincial Association. The hearing officer or officers shall make a report, including findings and recommendations to the General President, who shall then issue his order based on the entire record. Trusteeship SEC. 92. (a) If the General President has or receives information which leads him to believe that any of the officers of a Local Union or other affiliated body are dishonest or incompetent, or that such organizations are not being conducted in accordance with the Constitution and laws of the United Association for the benefit of its members, or are being conducted in such a manner as to jeopardize the interests of the United Association or its affiliated bodies, (or if the General President believes that such action 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 objectives of such affiliated body), the General President may, after filing of charges or causing charges to be filed, appoint a trustee to take charge of and control the affairs of such Local Union or other affiliated body including, but not limited to, removal of any or all officers, appointment of temporary officers and control of all funds and property of the Local Union or other affiliated body. Before the appointment of such trustee, the General President shall set a time and place for the hearing of charges before a hearing officer appointed for the purpose of determining whether such trustee shall be appointed; and further provided where, in the judgment of the General President, an emergency situation exists within the Local Union or other affiliated body, the trustee may be appointed prior to such hearing but such hearing shall then commence within twenty (20) days and a decision shall be made by the General President within sixty (60) days after the appointment of the trustee. In no event shall the person filing the charges be appointed as trustee. (b) In all cases a copy of the charges, together with a notice setting the time and place of hearing including the name of the hearing officer, shall be served on the Local Union or other affiliated body at least ten (10) days (Sundays and holidays included) previous to the trial by serving either the President or Financial Secretary or any two (2) members of the Executive Board of the Local Union or other affiliated body personally or by certified mail. (c) The Hearing Officer shall make his report and recommendations to the General President within sixty (60) days after the hearing or date of receipt of the transcript, and the General President shall make his decision within ninety (90) days of receipt of the report and recommendations. Such decision shall be immediately communicated to the Local Union or other affiliated body involved. Appeals from such decision may be taken to the General Executive Board within thirty (30) days after receipt of the General President's decision upon the record made before the Hearing Officer, provided, however, that the decision of the General President shall be effective for all purposes during the pendency of such appeal. Appeal from the General Executive Board's decision may be taken to the convention in accordance with Section 213. (d) The trustee shall make a report to the General President at least every three (3) months on the operation of the trusteeship. If the trusteeship extends one (1) year, within a reasonable time thereafter the trustee shall send to the last known address of each member of the Local Union or other affiliated body a financial report covering that year. Similar reports shall be sent to the members after each succeeding full year of the trusteeship. Either upon his own motion, or upon a petition filed by a member or members of the Local Union or other affiliated body for the restoration of self-government, the General President may in his discretion accord a hearing to be held on the petition before the General President or his representative upon proper notice. A decision shall be rendered within sixty (60) days of such hearing. No such petition shall be entertained, however, prior to six (6) months after the appointment of the trustee. If the General President determines either upon his own motion or after hearing that self-government should be restored, the trustee shall direct nomination and election of officers at such time and place as he determines, provisions of this Constitution or the Local Union or other affiliated body's rules and by-laws to the contrary notwithstanding. If the trustee determines the election of officers has been proper, he shall so certify to the General President and return to the appropriate officers all funds, property, books and records. Revocation of Charter SEC. 93. (a) In the event a suspended Local Union, District Council, or State or Provincial Association fails within fifteen (15) days to comply with orders of the General President or his authorized representative, the General President or his authorized representative shall have the power to revoke the charter of such Local Union, District Council, or State or Provincial Association, and the officers, representatives and members of such Local Union, District Council, or State or Provincial Association shall comply with all requirements of Section 96 of this Constitution before being relieved of responsibility and liability to the United Association. (b) The revocation or forfeiture of a charter of a Local Union shall effect a termination of the membership of all the members thereof in the United Association. The General Executive Board may, in the exercise of its discretion, permit the members to be transferred without loss of continuous good standing to another Local Union in the area or to a reorganized Local Union. The General Executive Board shall have the power following a hearing to deny the right of transfer to all persons who were in any way responsible for the revocation or forfeiture of the charter, or who the General Executive Board has reason to believe are disloyal to the United Association or may cause disruption in the newly organized Local Union. Forfeiture of Charter SEC. 94. Whenever the records at the General Office (determined by the duplicate cash sheets of official receipts filed by a chartered and affiliated Local Union) show that there are less than seven (7) members in good standing, the charter of said Local Union shall be declared suspended and forfeited, and the officers, representatives and members of said suspended Local Union shall comply with all requirements of Section 96 of this Constitution before being relieved of responsibility and liability to the United Association. When Local Unions Dissolve, Lapse or Forfeit Charter-Isolated Members SEC. 95. (a) Whenever a Local Union from any cause, lapses or surrenders its charter leaving members in good standing who wish to retain their membership in the United Association, and no other Local Union exists near them, the Recording Secretary shall before surrendering the seal, monies and property of the Local Union make an accurate list of such members, giving the name, date of membership, card number and full post office address of each member. This list shall be signed by the President and Financial Secretary, and the seal of the Local Union shall be affixed certifying to the good standing of the various named members. The Financial Secretary shall forward the same, with the notice and date of lapsing of the Local Union or surrender of the charter, to the General Secretary-Treasurer together with the necessary amount to pay for three months per capita in advance. (b) Upon receipt of any such list with the money, the General Secretary-Treasurer shall fill out a regular membership card and forward the same together with the receipt for the money to each member. Members holding regular membership cards so issued shall immediately notify the General Secretary-Treasurer of any change of address, and at the expiration of each month from the date of their card shall forward to the General Secretary-Treasurer the necessary amount to pay one (1) month's dues in advance together with the regular membership card for renewal. They shall be entitled to receive the changes in the password as long as they remain in good standing. Such members shall be bound by all of the provisions of the Constitution and pay any general assessments that may be levied. (c) Members of the United Association whose membership cards are held in isolation as provided by the above subsection (a) may apply for and secure a travel or transfer card from the General Secretary-Treasurer of the United Association provided they meet all of the qualifications and requirements as set forth in this Constitution for the issuance and acceptance of a transfer or travel card by a Local Union, and sister affiliated Local Unions must honor and accept such transfer or travel cards in accordance with such requirements. (d) Such members shall pay the same travel card dues as provided in said sections and shall be bound by all the provisions in the sections of the Constitution dealing with travel cards. (e) Wherever the United Association assumes supervision or control over the affairs of a Local Union the General President or his designated agent shall issue or accept travel cards to or from members of Local Unions in conformity with the provisions of this Constitution dealing with travel cards. SEC. 96. (a) In any and all cases where a chartered and affiliated Local Union by vote of its members dissolves or withdraws from affiliation with the United Association and in any and all cases where a Local Union, District Council, or State or Provincial Association charter is forfeited, suspended, or revoked in accordance with this Constitution, the charter, seal, books, records, papers, monies, bonds or securities, and all other property of every description of said Local Union, District Council, or State or Provincial Association shall revert to and become the property of the United Association, and all of the same shall be immediately delivered to the office of the General Secretary-Treasurer of the United Association with a proper accounting of all of the financial and other affairs of the Local Union, District Council, or State or Provincial Association involved, and no officer, representative or member of said Local Union, District Council, or State or Provincial Association shall be relieved of responsibility and liability to the United Association until all of the requirements specified herein have been complied with. (b) Any distribution or attempt at distribution to its members or to anyone else, except to the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, of the charter, seal, books, records, papers, monies, bonds or securities, and all other property of every description by the officers or members of said Local Union, District Council, or State or Provincial Association, either prior to, in anticipation of, or subsequent to, after action has been taken to dissolve, withdraw, suspend or revoke the Local Union, District Council, or State or Provincial Association charter, shall be illegal, and no titles to said charter, seal, books, records, papers, monies, bonds or securities, and all other property of every description shall pass thereby from the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada. Restriction on Local Unions Withdrawing or Disaffiliating SEC. 97. No chartered and affiliated Local Union shall dissolve or withdraw from affiliation with the United Association so long as seven (7) or more members in good standing of said Local Union vote to retain their Local Union charter, and their affiliation with the United Association. SEC. 98. Before the members of an affiliated Local Union shall be permitted or required to vote on the question of dissolving or withdrawing from affiliation with the United Association, three months notice in writing shall be given to the General Secretary-Treasurer. No vote shall be taken on either question by the members of any affiliated Local Union except at a specially called meeting, after due notice in writing to each and every member, designating the time and place of meeting and the purpose for which the special meeting is called. The vote shall be by secret ballot. SEC. 99. Whenever a chartered and affiliated Local Union by secret ballot vote of its members at a specially called meeting in the manner specified in Section 98 of this Constitution decides to dissolve or withdraw from affiliation with the United Association, the officers of said Local Union shall immediately notify the General Secretary-Treasurer of the action taken, and all ballots cast together with the tally sheet on the question to dissolve or withdraw from affiliation shall be forwarded to the General Secretary-Treasurer. The officers, representatives and members of said Local Union shall comply with all requirements of Section 96 of this Constitution before being relieved of responsibility and liability to the United Association. LOCAL UNION OFFICERS AND THEIR DUTIES SEC. 100. (a) Each Local Union shall elect a President, Vice President, Recording Secretary, Financial Secretary, Treasurer, Inside Guard, Executive Board of five (5) members, one of whom shall be the Vice President, and a Finance Committee of three (3) members. A Building and Construction Trades Local Union and combination Local Union shall also elect an Examining Board to examine and qualify all journeymen for membership and work in the Building and Construction Trades industry. Each Local Union of the United Association has the right to elect one or more of its own members as Business Agent and Business Manager, and when they are elected they shall be considered as officers of the Local Union. Each officer elected by a Local Union must remain in good standing during his term of office. If he becomes suspended his office shall automatically be declared vacant and must be filled in accordance with the provisions adopted by the Local Union for filling vacancies. (b) Each Local Union may provide in its Constitution and By-Laws that Business Agents assisting a Business Manager or Assistant Business Agent, may be elected or appointed in the manner set forth in the Local Union's Constitution and By-Laws. Any member appointed as Assistant Business Agent hereunder shall work directly under the supervision and control of the elected Business Manager or Business Agent and shall not be considered an officer of the Local Union. The termination of an appointed Business Agent or Assistant Business Agent shall be in accordance with the Local Union Constitution and By-Laws. A Business Manager must be elected and if a Local Union has only one Business Agent, he must be elected. Local Union President SEC. 101. The President shall preside over all meetings and conduct the same in conformity with rules of order and common sense. He shall have a general supervisory control over all matters pertaining to the welfare of the Local Union. The President shall be ex officio over all committees. Local Union Vice President SEC. 102. The Vice President shall be chairman of the Local Union Executive Board and have supervision over all members entering the assembly room and upon a member presenting his membership card in good standing he will give him the password. He shall also have supervision over all members departing from the room, assist the President to keep order during meetings, and in the absence of the President will assume the chair. Business Agent or Manager SEC. 103. The Business Agent and/or Business Manager has control and supervision over the daily affairs and business operations of the Local Union. The Business Agent and/or Business Manager meets in daily contact with the public and with employers becoming the trustee of the welfare of the members of the Local Union. It is his solemn duty and obligation to vigilantly protect the trade jurisdiction of the United Association in the plumbing and pipe fitting industry of his locality; also to compel employers to observe and respect collective bargaining agreements, adjusting all grievances between members of his Local Union and their employers with justice and fairness, as well as fostering and promoting employment for the members of the Local Union. SEC. 104. The Business Manager (or Business Agent) of each Local Union shall be Chairman of all Negotiating Committees and shall immediately after the signing of the Local Union collective bargaining agreements, forward a copy of the agreements to the General Office so that the Local Union's negotiated wage rates can be filed with the appropriate federal, state or provincial agency. It shall be the primary duty and responsibility of the Business Manager or Business Agent to file copies of the Local Union's collective bargaining agreements, or any supplementary wage provisions, with the General Office in compliance with the mandate of the Constitution. All correspondence from the General Office pertaining to Local Union business shall be sent to the Business Agent or Business Manager. Recording Secretary SEC. 105. The Recording Secretary will keep a correct and intelligent account of all resolutions, motions, and the general business transacted at Local Union meetings; and perform any other duties, special or otherwise, that may develop upon him by action of the Local Union. He shall immediately after the election of officers forward to the General Secretary-Treasurer the names and addresses of the officers upon blanks furnished by the United Association. The Recording Secretary shall also handle all official correspondence to the UA Journal. The names and addresses of the Recording and Financial Secretaries shall be published in the official United Association Roll Call, classified by states. Financial Secretary SEC. 106. (a) The Financial Secretary shall keep a correct account of the financial standing of all members of the Local Union, and receipt and account for all monies received or disbursed by order of the Local Union. He shall, not later than forty-eight (48) hours after the last day of the calendar month, forward to the General Office $15.00 of each Building and Construction Trades member's monthly dues; $14.00 of each Metal Trades member's monthly dues; 50 percent of all $50.00 reinstatement fees, $100.00 for issuance of withdrawal card fees, $100.00 reinstatement fees for members reinstating with a current paid up withdrawal card, $40.00 initiation fees, and $100.00 for renewal of withdrawal card fees; and the sum total of all United Association assessments. (b) These remittances shall be forwarded on the original cash sheets furnished by the General Office, with the seal of the Local Union attached, the same to be countersigned by the President and Financial Secretary, and the duplicate cash sheet to be retained by the Local Union, subject to the inspection of the Finance Committee. The Financial Secretary shall record on the cash sheets the names of all members who have been initiated, reinitiated, and reinstated on deposit of withdrawal cards, as well as the renewed withdrawal cards and transfer cards which have been accepted. SEC. 107. It shall be the duty and responsibility of the Financial Secretary to obtain a surety bond for the Local Union so that every officer, agent, representative or employee of the Local Union who handles funds or other property of the Local Union shall be bonded as required by law. SEC. 108. The Financial Secretary shall require all members to affix their signatures upon the membership roll book, also upon the back of the membership cards and on travel cards and transfer cards. SEC. 109. (a) The offices of Financial Secretary and Treasurer may be combined into one office, to be known as Financial Secretary-Treasurer, if the interests of the Local Union are benefited thereby. (b) The Local Union may combine the offices of Business Manager and/or Business Agent and the office of Financial Secretary or the office of Financial Secretary-Treasurer after an application has been made to the General President and he has approved the combining of these offices. Treasurer SEC. 110. The Treasurer shall receipt for all monies turned over to him by the Financial Secretary at the close of each meeting, and pay all bills upon proper vouchers ordered by the Local Union. He shall deposit all money in a bank designated by the Local Union Executive Board, and pay all bills by check. He shall be placed under bond with some reputable bonding company, the bond to be paid for by the Local Union. Inside Guard SEC. 111. The Inside Guard of each Local Union shall have charge of the door and be under the direct supervision of the Vice President. Local Union Executive Board SEC. 112. Every Local Union shall elect an Executive Board of five (5) members, which shall include the Vice President of the Local Union who by virtue of his office shall be a member thereof and chairman of the Executive Board. They shall meet at least once in every month and the Local Union Executive Board shall be empowered to comply with the direction of the General Executive Board of the United Association as provided in these By-Laws. SEC. 113. The Local Union Executive Board shall, between the meetings of the Local Union, transact such business as may be referred to it by the Local Union, or the duly elected Local Union officers. Local Union Examining Board SEC. 114. (a) Every Building and Construction Trades Local Union and combination Local Union shall elect an Examining Board for the purpose of examining and determining the qualifications of all applicants as Building and Construction Trades journeymen in said Local Union, and before said applicant is admitted and initiated as a journeyman member of said Local Union, and thereby eligible to work in the jurisdiction of the Building and Construction Trades Department of the AFL-CIO, he must pass said examination. (b) An apprentice member of the Local Union having successfully completed his five-year apprenticeship program, and having been certified by the Joint Apprentice Committee, shall not be examined by the Local Union Examining Board and shall automatically be entered on the rolls of the Local Union as a journeyman. Finance Committee SEC. 115. Each Local Union shall elect a Finance Committee of three (3) members who shall all serve for the same term in office as the other officers of the Local Union. The Finance Committee shall examine the bank books and bank accounts and count all money in the possession of the Financial Secretary and Treasurer. They shall, if they deem it necessary, require a bank statement from the cashier of the bank in which Local Union monies are deposited, and they shall report their findings at the first regular meeting in the following month. SEC. 116. The Finance Committee shall have power to examine the accounts of the different officers anytime they deem it necessary to do so, and any officer or member refusing to deliver to such Finance Committee any books, papers, stamps or other matter necessary for such examination, or who shall in any manner harass the Finance Committee in the discharge of their duties, shall be assessed not less than $25.00. Legislative Committee SEC. 117. It shall be the duty of all Local Unions attached to the United Association to appoint a special committee of three (3), to be known as the Legislative Committee, whose duty it shall be to investigate the various systems of work installed in their vicinity. It shall be the duty of said committee to try by all possible and legitimate means to elevate the standard of work done and report from time to time to the General Secretary-Treasurer such progress as may have been made towards perfect sanitation. Committee for Political Education SEC. 118. Each Local Union shall establish a Committee for Political Education. The members of the committee shall be appointed by the Business Manager or Business Agent. The duties and functions of the committee shall be to educate the membership and the public on the issues and candidates in state, municipal and national elections; to encourage and assist members and their families to register and vote in elections; and to coordinate the Local Union's political activities with the trade unions in the area. Journeyman Training Committee SEC. 119. All Local Unions shall establish a committee which shall adopt and set up an advanced journeyman training program that will enable journeymen members to acquire a full and complete knowledge of the advancement and new techniques and skills in the craft covered by the jurisdiction of the Local Union. The Business Manager shall appoint the members of the committee. Committee on Apprentice Training SEC. 120. (a) All Local Unions of the United Association shall establish an apprentice system and related apprentice training that will afford apprentices a full and complete knowledge of the particular craft or trade covered by the jurisdiction of the Local Union. The Business Manager of the Local Union shall appoint a Committee on Apprentice Training whose duties shall be to establish an apprentice training program and related apprentice training courses covering the particular craft or trade of the Local Union, and said apprentice training program shall conform with the Federal Apprenticeship Standards as approved by the United Association. (b) All Local Unions of the United Association shall include in their training programs, courses on the history of the Union movement, United Association heritage, and the responsibilities of today's Union members. Eligibility for Office in Local Unions SEC. 121. No member shall be eligible to be nominated for office in any Local Union unless he shall be a journeyman member and shall have been a member of the United Association and the Local Union in good standing for at least a period of two (2) years immediately prior to the election. Any journeyman member who owes or has paid a reinstatement fee within a period of two (2) years immediately prior to the date of the election shall not be eligible to be nominated for office in any Local Union. Eligibility of Officers in a Combination Local Union SEC. 122. Only qualified journeymen members of the Building and Construction Trades branch of the Local Union shall be eligible for the following offices in a combination Local Union: (1) President; (2) Vice President; (3) Business Manager and/or Chief Business Agent; (4) members of Examining Board; (5) majority membership on Local Union Executive Board; (6) Financial Secretary, Treasurer and/or Secretary-Treasurer. Journeymen members of the Metal Trades branch of the Local Union shall be eligible for all other offices. Election of Local Union Officers SEC. 123. (a) All officers of Local Unions shall be elected for a term of not less than three (3) years. Nomination of officers for Local Unions shall be held during the months of May or November, and the election shall be held during the months of June or December and not earlier than twenty-five (25) days after the nomination meeting. At least ten (10) days prior to the nomination meeting, notice shall be mailed to the last known address of all members in good standing, setting forth (1) the date and place of the nomination meeting and the offices to be filled; (2) the date, time and place of the election meeting; and (3) the notice shall state also that, in the event of a tie vote and a runoff is necessary, the date, time and place of the runoff shall be stated. In an election of Local Union officers, a member may only be nominated for one (1) of the offices set forth in Section 100. (b) The election shall be by secret ballot at such place or places as shall be established by the Local Union. It shall be the duty of the Local Union to provide safeguards for the honest and fair conduct of such election, including the granting of the right of each nominee in such election of at least one (1) observer at the candidate's own expense at each polling place who must be a member of the Local Union in good standing. Voting by writing in the name of a person not nominated shall not be permitted. The candidate for each office who receives a plurality of the votes cast shall be declared elected. Where several positions in one office must be filled, as in the case of the Executive Board, Examining Board or Finance Committee, etc., the candidates shall be elected in the descending order of the votes received, starting with the candidate receiving the highest number of votes cast. In case of a tie of two or more candidates, a runoff election shall be conducted among those candidates. (c) All Local Unions of the United Association are to immediately amend their Local Union Constitution and By-Laws to provide for the filling of vacancies in Local Union offices by either appointment or election, as the Local Union may determine. (d) In an election of Local Union officers, an officer holding an office that is not up for election is not eligible for nomination to some other Local Union office set forth in Section 100 unless he first resigns the office he holds. His resignation must be written and filed with the Local Union prior to the mailing of nomination meeting notices. (e) The General Executive Board shall have full discretionary authority to waive the time requirements of Section 123 for Local Unions that hold an election of officers six (6) months prior to the United Association Convention. The General Executive Board shall determine the months to which the Local Unions shall advance the holding of their elections of officers. An advancement of a Local Union's election of officers under this section shall not affect the term of office of incumbent officers. Where a Local Union holds nominations for Local Union offices at the same time it nominates delegates and alternates to the United Association Convention a member may be nominated for either a full-time salaried office or as a United Association Convention delegate or alternate, or both. Mail Balloting SEC. 124. (a) Mail balloting may be authorized in elections of Local Union officers under the following conditions: The Local Union membership shall, at either a special or regular meeting, by appropriate motion, file a request with the General President for permission to use the mail ballot. This request shall be filed with the General President thirty (30) days prior to the holding of nominations and shall set forth the reasons why mail ballots are necessary. The General President may, in his discretion, for the best interest of the Local Union and the United Association, grant or deny such request. (b) The General President shall prescribe rules and regulations controlling the use of the mail ballots so that the integrity and secrecy of the ballot box may be safeguarded. When the General President authorizes the use of a mail ballot, he may also authorize the Local Union to move its nominations and elections one (1) month earlier than the times prescribed in Section 123(a), with installation of officers to occur during the same month the Local Union previously installed their officers. The decision of the General President shall be final and binding and there shall be no appeal from his decision granting or denying the request of the Local Union to use a mail ballot. Eligibility to Vote at Local Union Election SEC. 125. (a) No member shall vote at any election of any description unless he has been a member in good standing in the Local Union where the vote is being taken for a period of one (1) year immediately prior to the date of election. Any member who owes or has paid a reinstatement fee within a period of one (1) year immediately prior to the date of election shall not be eligible to vote in any Local Union election. (b) The General Secretary-Treasurer will upon request of the Business Manager or the Financial Secretary of a Local Union furnish an eligibility list indicating those members eligible to vote and seek office in Local Union elections. (c) The request for such list should be made at least thirty (30) days prior to nominations in the Local Union. Protest of Local Union Elections SEC. 126. (a) A protest of the conduct and validity of any Local Union election shall be filed with the General President within five (5) working days after the election and, pending the decision of the protest, there shall be no induction of officers. A copy of the protest must be simultaneously served on the Local Union. The protest shall clearly and specifically set forth the grounds upon which the protesting member relies to set aside or invalidate the election. The General President shall refer the protest to one of his representatives, who shall conduct an investigation and render a decision. Any candidate or the Local Union not satisfied with the representative's decision must appeal, in writing, within three (3) working days to the General President. The General President shall have the right to affirm, reverse, modify or change the decision of his representative or enter such other decision as the facts in his discretion warrant. The decision of the General President shall be final, binding and conclusive, and there shall be no further appeal. (b) A protest to the eligibility of a member of a Local Union for nomination for office in a Local Union shall be made to the Local Union immediately by the protestant upon discovery of the grounds of ineligibility. Appeal may be taken from the decision of the Local Union to the General President, whose decision shall be final, binding and conclusive, and there shall be no further appeal. (c) Where a member is found guilty by the Local Union, after notice and trial as provided by this Constitution, of filing a protest maliciously and in bad faith to the conduct and validity of an election, he shall be assessed and punished by the Local Union, subject to the appeal provisions of the Constitution. (d) A member protesting a Local Union election to any governmental agency or court must simultaneously file a copy of his protest with the Local Union whose election is being protested. Obligation of Local Union Officers SEC. 127. Before entering upon the duties of his office, each elected officer of the Local Union shall take the following pledge and oath of obligation: I,____________________, in the presence of the members of Local Union__________of ________________, in addition to the pledge of honor and oath of obligation taken as a member, do further pledge and obligate myself on my word of honor that I will, to the best of my ability, perform the duties and obligations of the office to which I have been duly elected, as laid down in the Constitution and By-Laws and usages of the United Association until my successor is duly elected and installed; that I will sacredly guard, protect, preserve and deliver to my successor in office all books, papers, monies or other property of this Local Union which may be in my possession at the conclusion of my official term, and should the Local Union lapse or cease to function, I will convey and deliver all such books, papers, monies or other property of this Local Union to the officer legally authorized to receive the same under the Constitution and By-Laws of the United Association; and I further pledge that all of my official acts while holding this position shall be just and honorable and I will work for the success of the United Association and the triumph of its principles. DISCIPLINE OF OFFICERS SEC. 128. (a) Officers of a Local Union may be fined, reprimanded, or removed from office, for just cause, after notice and trial. Charges may be preferred against any officer by a member of the United Association in good standing who has personal knowledge of the offense committed. The charges shall be made in writing to the Local Union to which the officer is attached, within sixty (60) days after discovery of the offense, stating with reasonable certainty the nature of the offense charged, the time and place of the occurrence, the date of discovery of the offense, naming the witnesses and the sections of the laws of the Local Union and the Constitution of the United Association that have been violated by the officer, and it shall require a majority vote of the membership in attendance at a regular or special called union meeting to whom the charges are referred, to accept such charges, and the charges must be signed by a member of the United Association, in good standing. (b) When the charges have been made and are accepted by the Local Union as hereinbefore provided, the entire matter shall be referred to the Local Union Executive Board for hearing. A copy of the charges, together with a notice setting the time and place of hearing, shall be served the accused officer at least ten (10) days before the hearing. (c) The Local Union Executive Board shall hear all witnesses and, if the charges are sustained, shall then make its findings and recommendation of a fine, reprimand, or removal from office, to the Local Union at the next regular or special meeting. On a report of the charges being sustained by the Local Union Executive Board, it shall take a two-thirds vote of the members of the Local Union in attendance at a regular or special called meeting of the Local Union to sustain the charges and remove the officer, or fine or reprimand him. (d) Any officer disciplined under the provisions of this section shall be entitled to appeal the decision of the Local Union to the General Executive Board. The General Executive Board may, in its discretion, stay the execution of the Local Union's decision until the action on the appeal is concluded. LOCAL UNION FUNDS Initiation Fee SEC. 129. The initiation fee shall not be less than $40.00 in any Local Union of the United Association that has been organized more than six (6) months, however, the General Executive Board has the power to grant a Local Union a dispensation for a lesser fee for a period not to exceed three (3) months. SEC. 130. If a Local Union collects part payment for initiation, and the applicant is not heard from within three (3) weeks, the Local Union may declare forfeited the amount applicant has paid. This section shall be printed on the application card. Monthly Dues SEC. 131. (a) Effective January 1, 1997, the dues of each member of a Local Union shall not be less than nineteen dollars ($19.00) per month. The dues of a new member shall commence from the date of initiation. Members initiated in any Local Union before the 20th of the month shall pay dues for that month. On and after the 20th of the month, the dues shall commence on the first of the following month. (b) A Local Union shall increase dues or levy an assessment upon the membership by a majority vote by secret ballot after written notice shall have been given to the membership of the intention to vote upon the dues increase or the levying of an assessment. The written notice shall set forth the time and place where the vote will be taken, either at a regular or special membership meeting. No Division or Transfer of Funds SEC. 132. The funds or property of a chartered and affiliated Local Union may not be divided in any manner among the members, individually or collectively, but shall remain the property of the Local Union so long as seven (7) members remain in affiliation with the Local Union, and so long as the Local Union maintains good standing and remains in affiliation with the United Association. SEC. 133. Local Union funds derived from any source shall be held in the name of the Local Union and shall not be transferred or conveyed to any other person, body, committee or organization, whether incorporated or unincorporated, except that Local Unions may establish legal declarations of trust or appoint trustees to hold title to real estate for the benefit of the Local Union. Forwarding Monies to the General Office SEC. 134. Each Local Union shall forward to the General Office not later than forty-eight (48) hours after the last day of the calendar month $15.00 per capita tax of each Building Trades member's monthly dues; $14.00 per capita tax of each Metal Trades member's monthly dues (this does not include the $1.75 per capita for each Building Trades member and $2.00 per capita for each Metal Trades member which will continue to be retained and used by the Local Union as referred to in the previous Constitution); 50 percent of $50.00 reinstatement fees, $100.00 issuance of withdrawal card fees, $100.00 reinstatement fees for members reinstating with a current paid up withdrawal card, $100.00 withdrawal renewal fees, and $40.00 initiation fees; and the sum total of all United Association assessments upon the original cash sheets furnished by the General Office, the same to be countersigned by the President and Financial Secretary of the Local Union with seal attached, and the duplicate cash sheet to be retained by the Local Union. SEC. 135. Any Local Union failing to report to the General Secretary-Treasurer within forty-eight (48) hours after the last day of the calendar month shall be notified by the General Secretary-Treasurer to do so, and failing to comply within ten (10) days from such notification, the Local Union shall stand suspended from all benefits. SEC. 136. If the Financial Secretary of any Local Union fails to report to the General Secretary-Treasurer within forty-eight (48) hours after the last day of the calendar month, the General Secretary-Treasurer shall notify the President of the said Local Union and if the President fails to comply within fifteen (15) days from such notification, both he and the Financial Secretary of the Local Union shall stand suspended from all benefits the same to be published in the following issue of the UA Journal. Donations SEC. 137. No member of a Local Union shall be allowed to vote on a proposition to donate any money unless he has been a member of the Local Union for six (6) months previous. This pertains to Local Union or independent money. Collection Fee SEC. 138. Local Unions collecting money as dues, assessments, etc. from any member indebted to a sister Local Union may collect 10 percent in addition, the same to be held by the Local Union making such collection, as a collection fee. Withholding Funds SEC. 139. Any officer of a Local Union who receives monies from a member while the record of a member is in another Local Union, without sending said monies to the member's home Local Union shall be assessed the sum of $25.00 for the first offense. Any Local Union that permits its records to be so written that it will show that the monies have been credited to a member while his card is in another Local Union, shall stand suspended from membership in the United Association. Handling of Funds and Property SEC. 140. Any officer or member of any Local Union, District Council, State Association, Provincial Association or other affiliated body who (1) shall refuse to turn over the books, bills, receipts, vouchers or other records when a proper request has been made upon him, or (2) shall destroy any books, bills, receipts, vouchers or other records, or (3) shall be indebted to any affiliated body by reason of any shortage of funds, accounts, or securities entrusted to him, or (4) shall obtain money or benefits by false or fraudulent means, or (5) shall misuse the funds of any affiliated body, or (6) shall misappropriate any money or property belonging to an affiliated body, may be tried in the manner provided for the trial of offenses under this Constitution and, after being charged and found guilty, shall be suspended, expelled or otherwise disciplined. Said officer shall be permanently disqualified from holding any office or representing members of the United Association in any capacity, provided, however, that exceptions or modifications to such disqualification may be made where it is determined that unintentional mistakes or errors were made and no intent to defraud the affiliated body is evident. GENERAL PROVISIONS GOVERNING LOCAL UNIONS Protect Jurisdiction of Work SEC. 141. Local Unions must at all times fully protect the jurisdiction of work of the United Association against infringement by other trades. Upon evidence of failure to do so or to notify the General Office or its representative in the district of any violations, such Local Unions will be subject to discipline under the Constitution by the General Executive Board. Supplies SEC. 142. The United Association shall furnish free of c