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CONSTITUTIONof the

TRANSPORT WORKERS UNIONOF AMERICA

•Founded April, 1934

Chartered by

Congress of Industrial Organizations

May 14, 1937

This is the complete text of the Constitution as originally adopted at the FirstNational Convention, held October 4-8, 1937; and as amended at theSecond Biennial Convention, September 20-23, 1939; at the Third BiennialConvention, September 24-27 1941, at the Fourth Biennial Convention,October 20-23, 1943 at the Fifth Biennial Convention, September 25-28, 1946; at the Sixth Biennial Convention, December 6-9, 1948, at theSeventh Biennial Convention, December 5-9, 1950; at the Eighth BiennialConvention, December 9-13. 1952; at the Ninth Biennial Convention,February 14-19, 1955, at the Tenth Biennial Convention, October 21-25,1957; at the Eleventh Constitutional Convention October 2-6 1961, at theTwelfth Constitutional Convention October 11-15, 1965; by DirectMembership Referendum, May 10, 1966, at the Thirteenth ConstitutionalConvention, September 8-12, 1969 by the Fourteenth ConstitutionalConvention, October 9-12, 1973, by the Fifteenth Constitutional Convention,September 19-23, 1977, by the Sixteenth Constitutional Convention,September 28-October 2, 1981; by the Seventeenth ConstitutionalConvention, September 23-27, 1985; by the Eighteenth ConstitutionalConvention. October 2-6, 1989; by the 20th Constitutional Convention,September 29-October 2, 1997; by the 21st Constitutional Convention,October 15-18, 2001; by the 22nd Constitutional Convention, September19-22, 2005, and by the 23rd Constitutional Convention, September14-18, 2009.

This is the complete text of the Constitution as originally adopted at the First National Convention, held October 4-8, 1937, and as amended at the Second Biennial Convention, September 20-23, 1939; at the Third Biennial Convention, September 24-27 1941; at the Fourth Biennial Convention, October 20-23, 1943; at the Fifth Biennial Convention, September 25-28, 1946; at the Sixth Biennial Convention, December 6-9, 1948; at the Seventh Biennial Convention, December 5-9, 1950; at the Eighth Biennial Convention, December 9-13, 1952; at the Ninth Biennial Convention, February 14-19, 1955; at the Tenth Biennial Convention, October 21-25, 1957; at the Eleventh Constitutional Convention, October 2-6, 1961; at the Twelfth Constitutional Convention, October 11-15, 1965; by Direct Membership Referendum, May 10, 1966; at the Thirteenth Constitutional Convention, September 8-12, 1969; by the Fourteenth Constitutional Convention, October 9-12, 1973; by the Fifteenth Constitutional Convention, September 19-23, 1977; by the Sixteenth Constitutional Convention, September 28-October 2, 1981; by the Seventeenth Constitutional Convention, September 23-27, 1985; by the Eighteenth Constitutional Convention, October 2-6, 1989; by the 20th Constitutional Convention, September 29-October 2, 1997; by the 21st Constitutional Convention, October 15-18, 2001; by the 22nd Constitutional Convention, September 19-22, 2005; by the 23rd Constitutional Convention, September 14-18, 2009; and by the 24th Constitutional Convention, September 23-27, 2013.

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TABLE OF CONTENTSArticle

I. Name and Affiliation . . . . . . . . . . . . . . . . . . 3II. Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

III. Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . 4IV. International Officers . . . . . . . . . . . . . . . . . 5V. International President . . . . . . . . . . . . . . . . . 7

VI. International Secretary-Treasurer . . . . . . . 13VII. International Vice Presidents . . . . . . . . . . . 15VIII International Executive Council . . . . . . . . 16IX. Intl. Administrative Committee . . . . . . . . . 20X. International Executive Board . . . . . . . . . . 22

XI. Conventions . . . . . . . . . . . . . . . . . . . . . . . . 23XII. Structure, Charters, General Rules . . . . . . 30

XIII. Membership . . . . . . . . . . . . . . . . . . . . . . . . 32XIV. Local Unions, Charters, Affiliations . . . . . 39XV. Local Union Elections . . . . . . . . . . . . . . . . 46

XVI. Duties of Local Officers, COPE . . . . . . . . 50XVII. Finances, Dues, Per Capita fixes . . . . . . . . 54

XVIII. Non-Compliance with Constitution -Special Provisions, Administratorships, . . . . Charter Revocations . . . . . . . . . . . . . . . . . . 59

XIX. Discipline, Charges, Trials . . . . . . . . . . . . 60XX. Trial of Members . . . . . . . . . . . . . . . . . . . . 63

XXI. Suspension of Local Officers . . . . . . . . . . 67XXII. Appeals to Intl. Union . . . . . . . . . . . . . . . . 68

XXIII. Exhaustion of Remedies . . . . . . . . . . . . . . 69XXIV. Grievances . . . . . . . . . . . . . . . . . . . . . . . . . 71XXV. Collective Bargaining and Contracts . . . . . 72

XXVI. Strikes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74XXVII. General Provisions . . . . . . . . . . . . . . . . . . . 75XXVIII. Referendum . . . . . . . . . . . . . . . . . . . . . . . . 75XXIX. Education . . . . . . . . . . . . . . . . . . . . . . . . . . 77XXX. Civil and Human Rights Department . . . . 78

XXXI. Retiree Organizations . . . . . . . . . . . . . . . . 81XXXII. COPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81XXXIII. Amendments . . . . . . . . . . . . . . . . . . . . . . . 82

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ARTICLE I.Name and Affiliation

This Organization shall be known as the TransportWorkers Union of America, hereinafter also referredto as the International Union.

The International Union may affiliate with suchnational or international organizations as the Inter-national Executive Council may determine.

ARTICLE II.Objects

The objects of this organization shall be:

(a) To unite in this industrial union, regardless of race,creed, color, sex, sexual orientation or national-ity, all workers eligible for membership.

(b) To establish through collective bargainingadequate wage standards and retirement benefits,shorter hours of work and improvements in theconditions of employment for the workers in theindustry.

(c) To promote legislation advancing the interests ofthe Union and its members at the local, state andnational levels, to engage in political educationof the membership, and to engage in such otheractivity (specifically including sponsoring andsupporting grassroots programs at the Interna-tional and Local levels, using our resources andthe voting strength of our members to gain the

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support of the public and of legislators for ourviews, and supporting political candidates whoshare our views), as may be necessary or advis-able to safeguard the economic security and socialwelfare of working people and to protect andextend our democratic institutions, civil rights andliberties, and to perpetuate the cherished tradi-tions of our democracy.

(d) To organize unorganized employees in the trans-portation and other industries.

ARTICLE III.Eligibility

SECTION 1. - All working men and women, regard-less of race, creed, color or nationality, employed in,on or about any and all passenger or other transpor-tation facilities, or public utilities and allied indus-tries, and in any other employment which theInternational Executive Council decides is appropri-ately within the jurisdiction of the InternationalUnion, and off icers, staff representatives, andemployees of the International Union and of anyLocal Union are eligible for membership.

SECTION 2. Persons having supervisory power shallbe eligible for membership subject to the approval ofthe Local Union and the International ExecutiveCouncil.

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ARTICLE IV.International Officers

SECTION 1. The officers of the International Unionshall be the International President, the InternationalSecretary-Treasurer, the International Executive VicePresident and fifteen (15) International Vice Presi-dents, of whom two (2) shall be designated Adminis-trative Vice-Presidents, and shall be elected as such.

SECTION 2. The International President, the Inter-national Secretary-Treasurer, the Executive VicePresident and the two Administrative Vice Presidentsshall constitute the International AdministrativeCommittee.

SECTION 3. The International Executive Council shallconsist of the International officers and such mem-bers at large, not more than nine (9) in number, whomay be designated from among the members of theInternational Executive Board by the InternationalExecutive Council to represent areas, or divisions orother groups in the Union, which, in the opinion ofthe International Executive Council are not otherwiseadequately represented on the International Execu-tive Council. Once so designated, such members atlarge shall serve until the next International Convention.

SECTION 4. The International Executive Board shallconsist of the International officers and forty (40)International Executive Board members except thatthe number of International Executive Board

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members may be increased pursuant to SECTION 5 ofthis ARTICLE.

SECTION 5. The International officers and the mem-bers of the International Executive Board shall beelected at each regular International Convention, shallbe obligated and installed at the Convention at whichthey are elected, and their term of office shall rununtil their successors are obligated and installed atthe next regular International Convention; except thatthe number of International Executive Board mem-bers may be increased, when between regular con-ventions, the International Executive Council deter-mines that an increase is necessary to give represen-tation to any newly affiliated or organized group. Suchadditional members shall be appointed by the Inter-national Executive Council from such newly affili-ated or organized group.

SECTION 6. No member shall be eligible for nomi-nation or election to any International office, or tothe International Executive Board, unless he/she shallhave been in continuous good standing in the Inter-national Union for at least two (2) years immediatelypreceding his/her nomination. This section shall notapply to a member of a Local Union which has beenchartered by the International Union less than two(2) years prior to such nomination; in such case, amember to be eligible for nomination and electionshall have been in continuous good standing in his/her Local Union from the date of its charter.

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SECTION 7. No member shall be eligible for nomi-nation or election to any International office for threeyears after being found at trial, or admitting, to either(1) having worked in the interest of or accepted mem-bership in any organization dual to the InternationalUnion or (2) having advocated or attempted to bringabout the withdrawal or disaffiliation from the Inter-national Union of any Local Union or any memberor group of members. Such ineligibility shall ceaseto apply if the trial determination is later reversed.

SECTION 8. No member may hold more than oneposition in the International Union by virtue of whichhe/she is entitled to membership on the InternationalExecutive Board.

SECTION 9. When an International Officer or Mem-ber of the International Executive Council or of theInternational Executive Board is on the payroll of aLocal Union, the Local Union shall continue to payhis/her regular salary while he/she is attending Inter-national Executive Council Meetings, InternationalExecutive Board Meetings, Conventions and otherfunctions of the International Union. Expensesincurred in conjunction with same shall be paid bythe International Union.

ARTICLE V.Powers and Duties of the InternationalPresident

SECTION 1. The International President shall be the

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chief Executive Officer of the International Union.He/she shall enforce the Constitution and be respon-sible for the proper and effective direction of the af-fairs and business of the International Union and shallhave the full power necessary therefore subject toreview by the International Executive Council. He/she shall interpret the meaning and application of theprovisions of this Constitution. Any such interpreta-tion or application may be appealed by any memberor by any Local Union adversely affected to theInternational Executive Council, and thereafter, to theConvention. Unless and until any such interpretationor application of this Constitution, heretofore or here-after made by the International President, is changedby the Council or by the Convention, the interpreta-tion and application made by him/her shall be deemedtrue and proper and shall be given full force andeffect. He/she shall have the authority to appoint,direct, suspend or remove such organizers and repre-sentatives as he/she may deem necessary, and fix theircompensation, subject to review by the InternationalExecutive Council.

He/she shall appoint a Director of Organizing andshall establish an Organizing Department in theInternational Union. The Organizing Director will beresponsible for coordinating and directing theorganizing activities of the International Union, andwill report directly to the International President.

SECTION 2. He/she shall attend and preside at all

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International Conventions and at all sessions of theInternational Executive Council and of the Interna-tional Executive Board. He/she shall call specialmeetings of the International Executive Board when-ever he/she deems necessary or when requested inwriting by a majority of the members of the Councilor of the Board, respectively.

SECTION 3. He/she shall have the power, either inperson or by a designated representative, to inquireinto, examine and inspect all books and records ofthe International Union, of its Local Unions, and ofany division, department or other body within theInternational Union, including but not limited to thebooks and records of welfare funds, defense funds,building funds, emergency funds, educational funds,mutual benefit funds, political action funds, welfaretrusts, credit union funds, and all other funds of anysort whatsoever, in the negotiation, control, collec-tion or expenditure of which the International Union,or any Local Union, or group of Local Unions or anybranch or section of a Local Union, participates inany way, or in which any officer or member of theUnion has any interest or power of decision by virtueof his/her office or his/her membership. The fact thatsuch funds may be held in the name of a corporationshall not limit or restrict this power.

SECTION 4. In the event the International Presidentshall have reason to believe that any Local Union isfailing to comply with any provision of the Constitu-

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tion or conducts its affairs in a manner which isdetrimental to the interests of the Union, he/she mayinstitute proceedings against the Local Union, withdue notice of hearing in writing delivered to theLocal President and to the Local Financial Secretary-Treasurer, specifying the section or sections of theConstitution violated or the nature of conduct,before the International Executive Council, or a sub-committee thereof, designated either by the Councilor by the International Administrative Committee.Upon the basis of the hearing the International Ex-ecutive Council is authorized to render a decision,dismissing the charges, suspending or revoking thecharter of any such Local Union, or directing suchother action as may be necessary to secure compli-ance with the Constitution, or otherwise to protectand preserve the effectiveness and the best interestsof the Union. The decision of the InternationalExecutive Council shall be subject to review by theInternational Convention.

SECTION 5. In the event the International Presidentshall have reason to believe that any officer or mem-ber is failing to comply with any provision of theConstitution, or conducts himself/herself in a man-ner which is detrimental to the best interest of theUnion, or otherwise engages in conduct unbecom-ing a member of the Union, he/ she may institute pro-ceedings against him/her with due notice of hearing,specifying the section or sections of the Constitution

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violated or the nature of the conduct, before the In-ternational Executive Council, or a subcommitteethereof designated either by the Council or by theInternational Administrative Committee. Upon thebasis of the hearing, the International ExecutiveCouncil is authorized to render a decision, dismiss-ing the charges, suspending, expelling or otherwisepenalizing such officer or member, or directing suchother action as may be necessary to secure compli-ance with the Constitution or otherwise to protect andpreserve the effectiveness and best interests of theUnion. The decision of the International ExecutiveCouncil shall be subject to review by the InternationalConvention.

SECTION 6. Where the International Presidentinvokes the provisions of Section 4 or 5 of ThisArticle, the President may, if in his/her judgment thecircumstances warrant it, suspend any officer pend-ing the decision of the International Executive Coun-cil, provided that prior to, or simultaneously with thenotice of suspension, he/she serve a copy of thecharges upon which the suspension is based on thesuspended officer and provided further that the In-ternational Executive Council or a subcommitteethereof designated by the Council or by the Interna-tional Administrative Committee holds a hearing onthe charges within twenty (20) days from the date ofthe suspension.

SECTION 7. The International President shall make

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full report of the Administration of his/her office andthe affairs of the International Union to the Interna-tional Convention. He/she shall be ex officio delegateto all conventions of organizations to which the In-ternational Union may be affiliated.

SECTION 8. The International President shall havethe power to appoint from among the InternationalVice Presidents an Administrative Assistant and todelegate to him/her such duties and powers as theInternational President may determine; and he/sheshall have the power to appoint a Director of COPEand define his/her duties.

He/she shall establish a Department of Legislativeand Political Affairs in the International Union.

He/she shall also have the power to assign suchstaff to the Department of Legislative and PoliticalAffairs as to him/her may appear appropriate.

SECTION 9. Should the International President findhimself/herself unable by reason of health to performthe duties of his/her office, he/she may so certify,whereupon the duties and powers of his/her officeshall attach to the International Executive Vice Presi-dent until such time as the International Presidentcertifies his/her return to duty.

SECTION 10. The International President shall per-form all such other duties as pertain to his/her office.He/she shall receive Seventy-Two Thousand FiveHundred Dollars ($72,500) per annum, payableweekly in equal amounts, and when performing

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duties away from the International Office he/she shallreceive his/her expenses, which shall be subject tothe approval of the International Executive Council.

The salary of the International President shall beadjusted as of the first day of January 1983 and onthe first day of each January by the weighted averagepercentage increase in wages or salaries received bythe Union membership during the fiscal year endingon the preceding August 31st in bargaining units ofFive Hundred (500) or more.

ARTICLE VI.Power and Duties of InternationalSecretary-Treasurer

SECTION 1. The International Secretary-Treasurershall be the Chief Fiscal officer of the InternationalUnion. He/she shall cause to be recorded the pro-ceedings of all International Conventions and all ses-sions of the International Executive Council and ofthe International Executive Board. He/she shall havecharge of and preserve all books, documents andeffects of the International Office, except such recordsas properly belong to the office of the InternationalPresident. The Seal of the International Union shallbe held in trust by the International Secretary-Treasurer.

SECTION 2. He/she shall administer the business ofhis/her office in accordance with the rules and regu-lations, practices and procedures established by the

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International Administrative Committee and, inaccordance therewith, he/she shall have the author-ity to employ, with compensation, such assistants asmay be necessary to conduct the affairs of his/heroffice; and also, in accordance therewith, he/she shallreceive, receipt, deposit and account for all moniesand pay all bills of the International Union. He/sheshall invest all such funds as may be deemed by theInternational Administrative Committee to be inexcess of current need in such securities as the Com-mittee may decide. He/she shall give a bond in theamount determined by the International ExecutiveCouncil and the cost thereof shall be paid out of thefunds of the International Union.

SECTION 3. He/she shall pay all bills and currentexpenses unless otherwise ordered by the Interna-tional President. He/she shall keep copies of all im-portant correspondence sent out and received by his/her office.

SECTION 4. He/she shall have the power to inspectand audit the financial records of each Local Union.He/she shall have the power to establish the rules andstandards for any inspection and audit of the finan-cial records of a Local Union, including one con-ducted pursuant to Article XVI Section 4.

SECTION 5. The International Secretary-Treasurershall perform such other duties as pertain to his/heroffice or may be assigned to him/her by the Interna-tional Administrative Committee. He/ she shall make

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a full report of the finances of the International tothe International Convention; he/ she shall be exofficio a delegate to all conventions of organizationsto which the International Union may be affiliated.The International Secretary-Treasurer shall receiveSeventy Thousand Five Hundred Dollars ($70,500)per annum, payable weekly in equal amounts, andwhen performing duties away from the InternationalOffice, he/she shall receive his/her expenses, whichshall be subject to the approval of the InternationalExecutive Council.

The salary of the International Secretary-Treasurershall be adjusted as of the first day of January 1983and on the first day of each January by the weightedaverage percentage increase in wages or salariesreceived by the Union membership during the fiscalyear ending on the preceding August 31st in bargain-ing units of Five Hundred (500) or more.

ARTICLE VII.Duties and Powers of InternationalExecutive Vice President & Vice Presidents

SECTION 1. The International Executive VicePresident shall succeed to the office of InternationalPresident for the unexpired term in the event that suchoffice becomes vacant. He/she shall also succeed tem-porarily to the power and duties of the InternationalPresident whenever the latter certifies that he/shefinds himself/herself unable, by reason of health, to

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perform the duties of his/ her office. He/she shallreceive the same annual compensation as the Inter-national Secretary-Treasurer, payable weekly in equalamounts, and when performing duties away from theInternational Office, he/she shall receive his/herexpenses, which shall be subject to the approval ofthe International Executive Council.

SECTION 2. The International Vice-Presidents shallassist the International President in the performanceof his/her duties and shall work under his/her direc-tion. Each Vice-President, when assigned to duty inthe International Union, shall be compensated at therate fixed by the International Executive Council, andhe/she shall be reimbursed for his/her expenses, sub-ject to the approval of the International ExecutiveCouncil.

ARTICLE VIII.Duties and Powers of the InternationalExecutive Council

SECTION 1. The International Executive Councilshall meet not less than four times a year at the callof the International President. The International Presi-dent shall call a meeting of the International Execu-tive Council within thirty (30) days of the receipt byhim/her of a written request for such meeting signedby a majority of the members of the InternationalExecutive Council.

SECTION 2. When in session, except during an

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International Convention, the International ExecutiveCouncil shall be the supreme authority in the Inter-national Union.

SECTION 3. The International Executive Councilshall have the power to remove any of the officersenumerated in SECTION 1 of ARTICLE IV who, afterdue trial upon written charges, of which a copy shallbe given to the accused at least fifteen (15) days be-fore trial, is found guilty of dishonesty, malfeasanceor maladministration, and removal is approved in areferendum by a majority of the members of theInternational Union. Any officer so removed shall beineligible to hold any office or appointive position inthe International Union or in any Local for a periodof three years.

SECTION 4. The International Executive Councilshall have the power to fill a vacancy in the office ofInternational Executive Vice-President by appoint-ing one (1) of the International Vice Presidents to bethe International Executive Vice President to serveuntil the next regular Convention. The InternationalExecutive Council shall have the power to fill avacancy in any International office or position on theInternational Executive Council, other than theoffice of International Executive Vice-President, byappointing from among its members, an acting holderof the vacant office to hold such office until the nextregular Convention. An appointment made pursuantto this section shall carry with it all the rights, powers,

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duties and obligations of the off ice and suchsalary and expenses as pertain thereto.

SECTION 5. A quorum of the International Execu-tive Council shall be a majority of the members.Questions coming before the Executive Council Shallbe decided by a majority vote of its members presentat a quorum, except as otherwise provided in thisConstitution. Any member may demand a roll-callvote on any question.

SECTION 6. The International Executive Councilshall maintain in effect an actuarially sound pensionplan, paid for in full by the International Union, cov-ering the officers and such full-time representativesof the International Union and such other full-timeemployees of the International Union as the Interna-tional Executive Council shall decide to cover as agroup. Any member holding an elective position whoretires on pension pursuant to such plan, or who electsto take severance benefits under such plan, shall bedeemed to have vacated his/her position.

SECTION 7. The International Executive Councilshall consider the adoption of an actuarially soundbenefit system as a right of membership and mayinstitute same subject to such changes as any Con-vention may make therein.

SECTION 8. (a) Should the number of good stand-ing members in any Local Union become reduced tothe point that, in the opinion of the InternationalExecutive Council, the Local can no longer properly

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perform its functions, the International ExecutiveCouncil may revoke the charter of such Local, orrequire it to merge with another Local, or take suchother action as it deems advisable.

(b) Where, in the judgment of the InternationalAdministrative Committee, merger with anotherLocal is impractical, it may with the approval in writ-ing of a majority of the individual members of theInternational Executive Council suspend the charterof the Local and constitute its members as a sectionof the International Union with a status similar to asection of a Local Union. The section may be known,solely for purposes of identification, as an adminis-trative Local with the former Local number. Its mem-bers’ dues and initiation fees shall be paid into andcommingled with the funds of the International Union.The cost and expense of maintaining an administra-tive Local shall be borne by the International Union.An International representative shall be assigned tobe responsible for the business of an administrativeLocal, including collective bargaining and grievancehandling, assisted by a chairman and a recording sec-retary elected by its members. The InternationalExecutive Council may, at any time, either reinstatean administrative Local to its previous status as a LocalUnion or transfer its members into another Local, ortake such other action as it deems advisable. A newlyorganized group may, under similar circumstances beconstituted as an administrative Local.

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SECTION 9. Any Local Union which is dishonest, orculpably negligent or wasteful in its supervision, col-lection, expenditure, or control of any assets or fundsshall be subject to the revocation of its charter or tosuch other action by the International ExecutiveCouncil as the Council deems adequate and appro-priate under the circumstances. Such conduct on thepart of a Local Union is also subject to proceedingsinstituted by the International President pursuant toSECTION 4 of ARTICLE V.

ARTICLE IX.Duties and Powers of the InternationalAdministrative Committee

SECTION 1. The International Administrative Com-mittee shall assist the International President incarrying out the duties and responsibilities of his/heroffice and shall perform such other duties as may beimposed upon it by this Constitution.

SECTION 2. It shall be entrusted with the specificresponsibility of determining efficient and effectivepractices and procedures for the proper policing, safe-guarding and administration of all assets and fundsof the International Union, of all Local Unions, andof any and all other bodies within or subject to thecontrol of the International Union, or of any LocalUnion or of any group of Local Unions. It shall pre-scribe proper and efficient methods of bookkeeping,

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receipt, disbursements, accounting and auditing ofall such funds and assets. It shall prescribe rules, regu-lations and procedures for the administration andpolicing of all welfare funds, building funds, emer-gency funds, mutual benefit funds, and all other fundsof any sort whatsoever, in the negotiation, control,collection, or expenditures of or group of LocalUnions, participates in any way, or in which anyofficer or member of the Union which the Interna-tional Union, or any Local Union has any voice orpower of decision by virtue of his/her office or his/her membership.

SECTION 3. It shall cause the books of the Interna-tional Secretary-Treasurer to be audited by a Certi-fied Public Accountant semi-annually, and shall trans-mit a copy of the audit to all Local Unions on thecompletion thereof.

SECTION 4. Such real property as the InternationalAdministrative Committee may consider necessaryor convenient for the conduct of the business of theUnion may be acquired, held, leased, mortgaged, ordisposed of by action of the Committee and title tosuch property may be taken and held in the names ofthe International President and International Secre-tary-Treasurer as Trustees for the International Union,or may be taken and held in such other manner as theCommittee may determine, provided that the inter-ests of the Union are adequately protected.

SECTION 5. Whenever the President or the Finan-

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cial Secretary-Treasurer of a Local Union is not afull-time union official and is required by the natureof his/her employment to journey from his/her homebase, the International Administrative Committeeshall have the power to authorize the Executive Boardof such Local to designate one of the members of theExecutive Board as an additional authorized signa-ture on checks issued against the accounts of the LocalUnion, and, provided such additional signatory is dulybonded, the signatures of any two, from among thePresident, Financial Secretary-Treasurer and suchadditional authorized signatory, on such checks shallmeet the check signatory requirements of thisConstitution.

SECTION 6. Any action or decision of the Interna-tional Administrative Committee, and any practiceor procedure established or prescribed by theInternational Administrative Committee, may bereversed or modified by the International ExecutiveCommittee or by the International Convention.

ARTICLE X.International Executive Board

SECTION 1. The International Executive Board shallmeet at least once a year, and at the call of the Inter-national President. The International President shallbe required to call a meeting of the InternationalExecutive Board within thirty (30) days of receipt byhim/her of a written request for such meeting signed

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by a majority of the members of the InternationalExecutive Council.

SECTION 2. At each meeting of the InternationalExecutive Board each International off icer andInternational representative shall report to the Boardon the performance of his/her duties since the lastprior meeting of the Board.

SECTION 3. It shall be the primary concern and func-tion of the International Executive Board to considerand adopt such program and policies as in its soundjudgment are best designed to promote the welfareof the Union and its members.

ARTICLE XI.Conventions

SECTION 1. The regular International Conventionshall be the supreme authority in the InternationalUnion. The regular International Convention shall beheld not less than three (3) years and nine (9) monthsnor more than four (4) years after the date of the lastpreceding regular Convention; provided that the dateof holding such Convention may be advanced or post-poned by not more than six (6) months, upon resolu-tion to that effect adopted by the InternationalExecutive Council.

The call for each regular International Conventionshall be mailed by the International Secretary-Treasurer to each Local Union at least sixty (60) daysprior to the convening of the Convention.

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SECTION 2. (a) Each Local Union shall be entitledto the number of delegates to the InternationalConvention as follows: One delegate for the first 300members or less in the Local Union and one addi-tional delegate for each additional 300 members ormajority fraction thereof.

(b) In any Local Union, the Local Executive Boardmay decide for good cause to send fewer than its fullquota of delegates to an International Convention,but such decision must be made and have the approvalof the International Administrative Committee notless than fifty days prior to date for convening theConvention.

(c) Each delegate to the International Conventionshall have one vote for the first 100 members or lesswhich he/she represents and one additional vote for eachadditional 100 members or majority fraction thereof,but no delegate shall have more than ten (10) votes.

SECTION 3. Representation shall be based upon theaverage of the paid and exonerated membership ofthe Local Union for the last three months calculatedand closed the month prior to the issuance of the callfor the Convention. Such membership shall be deter-mined from the records of the International Secre-tary-Treasurer. A Local Union which has been char-tered for less than three months preceding the monthin which the call for an International Convention isissued shall be entitled to send only fraternal delegatesto such International Convention.

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SECTION 4. (a) In any Local Union with one VicePresident, and such Vice President has succeededtemporarily or permanently to the office of LocalPresident, he/she shall be ex officio a delegate fromsuch Local Union to any Convention held during theperiod of such succession.

(b) Should a Local Union of less than 300 mem-bers decide that it cannot reasonably finance theattendance of its president as its delegate at a Con-vention, it may, with the approval of the InternationalAdministrative Committee, elect by secret ballot, asits alternate delegate, a member of another Local whois otherwise eligible to serve as delegate and whoagrees so to serve without cost or expense to the Localwhich elects him/her as its alternate.

Section 5. Any Local Union which on the seventhday prior to the opening of the Convention is in arrearsto the International Union for per capita or assess-ment shall not be entitled to representation in theConvention unless exonerated for good causes by theInternational Executive Council.

SECTION 6. Any Local Union becoming delinquentmust comply with SECTION 6 of ARTICLE XVII beforeit will be entitled to representation unless exoneratedfor good cause by the International Executive Council.

SECTION 7. The eligibility requirements for electionas delegate to the Convention shall be the same as therequirements for election to Local Union office, asset forth in SECTION 3 of ARTICLE XV of thisConstitution.

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SECTION 8. All International Executive Boardmembers who are not elected as delegates shall beex-officio delegates to the Convention with all therights and privileges of elected delegates, but with-out vote in any election of International Officers, oron any matter before the Convention, except that theymay vote as members of any Convention Committeeon which they serve.

SECTION 9. Except as provided in SECTION 8 of thisArticle, each Local Union shall pay the reasonablecost of Convention attendance for its President andeach other duly elected delegate. In the event of itsfailure so to do, the International AdministrativeCommittee may hold the Local to be delinquentwithin the meaning of SECTION 6 of this Article, ortake such other action as the Committee considerswarranted under all the circumstances. Any actiontaken by the Committee may be appealed to theInternational Convention.

SECTION 10. The International Secretary-Treasurershall furnish each Local Union with credential blanksfor delegates and alternates in triplicate, which mustbe attested as required on the blanks. One duplicateshall be retained by the delegate and the other filedwith the Local Union. The original shall be deliveredto the Local Financial Secretary-Treasurer and byhim/her forwarded to the International Secretary-Treasurer, and no credential shall be accepted by him/her later than twenty (20) days prior to the date for

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convening the Convention except with the approvalof the International Executive Council. Each creden-tial must be signed by the Local President and Finan-cial Secretary-Treasurer and must bear the Seal ofthe Local Union.

SECTION 11. A Local Union which is entitled tomore than one (1) convention delegate may providein its by-laws that, in addition to the Local President,one or more other officers be convention delegates,ex-officio. Any such by-law provision, however, shallbe applicable only to officers elected by secret ballotvote of the membership subsequent to its adoptionand approval by the International AdministrativeCommittee. Convention delegates, other than ex-officio delegates, shall be elected by secret ballot afterthe members of the Local Union have had a reason-able opportunity to nominate candidates. No less thanfifteen (15) days prior to such election, notice of theelection shall be mailed to each member of the LocalUnion at his/her last known home address. Delegateselected in violation of these requirements shall notbe seated at the Convention.

SECTION 12. When any delegate’s credentials are tobe contested, notice of such contest shall be sent tothe International Secretary-Treasurer not later thanfifteen (15) days prior to the date of convening theInternational Convention. Any delegates whosecredentials are contested may be unseated at any timeduring the International Convention. Nothing herein

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shall preclude the Convention from rejecting, on itsown motion, and for good cause, the credentials ofany delegate.

SECTION 13. All resolutions to be considered by theInternational Convention shall be sent to the Interna-tional Secretary-Treasurer and be in his/her hands notlater than three (3) weeks prior to the convening ofthe Convention. Resolutions from Local Unions, ora member or members of a Local Union to be con-sidered by the Convention, shall require approval bythe Executive Board or by the membership of theLocal Union before delivery to the InternationalSecretary-Treasurer. The International Secretary-Treasurer shall submit all resolutions to the chair-man of the appropriate committee.

SECTION 14. A Convention shall have the power,either on its own initiative or on the request of anymember, to reinstate to good standing membershipany member or former member who has beensuspended, expelled, or otherwise disciplined. Unlessa Convention directs otherwise, such authority shallalso be vested in the International Executive Council.

SECTION 15. On questions coming before the Inter-national Convention a roll-call vote shall be taken upona request of thirty (30) per cent of the delegates. TheSecretary-Treasurer shall have a roll of accrediteddelegates prepared and make such other arrangementsas will expedite and facilitate the calling of the roll.

SECTION 16. Upon the request of at least one-third

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of the Local Unions representing at least thirty-five(35) percent of the membership, for a Special Con-vention, a referendum shall be held and in the eventthat a Special Convention is voted for by a majorityof the members of the International Union in goodstanding, the International Executive Council shall,within ninety (90) days of the conclusion of said ref-erendum, issue a Call for such Special Conventionfixing the place and the time. The date shall be notlater than ninety (90) days from the date of the Call.

SECTION 17. The specific purpose of such SpecialConvention as requested shall be set forth on the ref-erendum ballot and in the Call.

SECTION 18. Whenever in the opinion of the Inter-national Executive Council an emergency existswhich necessitates the calling of a Special Conven-tion, the International Executive Council may callsuch a Convention by giving at least ninety (90) days’notice to all Local Unions.

SECTION 19. No business other than that specifiedin the Call shall be transacted at a Special Convention.

SECTION 20. A majority of the delegates seated shallconstitute a quorum.

SECTION 21. Prior to the opening of any Conven-tion, the International President shall appoint a Cre-dentials Committee from among the members of theInternational Executive Board, and he/she shallappoint from the credentials of the delegates pre-sented a Committee on Rules and the several other

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committees necessary to successfully promote andexecute the efficient operation of the Convention. He/she shall have the power to convene any of such com-mittees in advance of the Convention when, in his/her judgment, the work of the Convention would bethereby expedited. The Convention shall not be con-stituted for business until the Credentials Committeeshall have examined and reported on the credentialsof all delegates present at the scheduled time of open-ing. Appeals from decisions of the CredentialsCommittee may be made to the Convention.

SECTION 22. An alternate delegate shall have nei-ther voice nor vote unless formally accredited andseated by the Credentials Committee as the replace-ment for a regular delegate.

ARTICLE XII.Structure

SECTION 1. The membership of the Transport Work-ers Union of America shall function through LocalUnions. A Local Union shall consist of the memberswithin a city or other area specified by the Interna-tional Executive Council, organized under a chartergranted by the Transport Workers Union of America.

SECTION 2. Subject to the provisions of the Inter-national Constitution and the by-laws of the LocalUnion and to all delegations of authority and assign-ment of responsibility to the Local Officers and tothe Local Executive Board as provided in the Inter-

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national Constitution and Local by-laws, the supremeauthority in the Local Union shall be the member-ship of the Local Union, acting through duly calledregular meetings of the Local Union or through dulycalled regular meetings of the respective sections ordivisions of the Local meeting separately, as the Localby-laws may provide. Between such meetings, theLocal Executive Board shall have the power and au-thority to administer the affairs of the Local Union.

SECTION 3. The International Executive Councilmay establish Divisions, each of which shall consistof a group of Local Unions with particular commoninterests and concerns. Each Division shall beadministered by a director appointed by the Interna-tional President with the approval of the InternationalExecutive Council.

SECTION 4. Except where otherwise specificallyprovided for herein or in the by-laws of any LocalUnion, majority rule shall prevail through-out theInternational Union.

SECTION 5. Voting by proxy shall not be permittedin the Transport Workers Union of America, or inany subdivision thereof.

SECTION 6. Whenever there is an unopposed candi-date duly nominated for any office or elective posi-tion in the International Union or in any Local Union,including the position of Convention Delegate, suchcandidate shall be considered elected without thenecessity of an election.

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SECTION 7. In any election in the InternationalUnion or in any Local Union, no votes shall becounted except those cast for duly nominated candi-dates. ‘Write-in’ votes shall not be counted.

SECTION 8. Political conferences shall be establishedby the Union on a statewide basis, for the purpose ofpromoting cooperation and concerted action in thefield of political education, legislation, public rela-tions and political action. All Local Unions withinthe state in which a political conference has beenestablished shall maintain membership therein. Suchconferences shall establish by-laws, subject to theapproval of the International Administrative Commit-tee, and shall coordinate their activities and publica-tions with the International Administrative Committee.

ARTICLE XIII.Membership

SECTION 1. Any person seeking membership shallbe required to file, with the Financial Secretary-Treasurer of the Local Union, an application formembership.

SECTION 2. An applicant shall not be accepted formembership until the initiation fee and other require-ments specified in the Local’s by-laws shall have beencomplied with.

SECTION 3. Membership dues are due and payableon the first working day in each calendar month. Anymember who fails to pay his/her dues for a particular

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month on or before the fifteenth day of each monthshall be in bad standing. Any member to whom duescheck-off is available and who signs and delivers tothe Local Financial Secretary-Treasurer, or otherauthorized person, a check-off authorization shall beconsidered in good standing regardless of when in aparticular month the employer deducts his/her duesfor such month or when the employer pays his/herdues over to the Union. Where for any reason thedues of a member who pays his/her dues by check-off authorization are not checked off by the employerfor any month or months, said member shall remainin good standing until thirty days after the mailing tohim/her by registered mail of a notice informing him/her of his/her indebtedness. Failure to pay within saidthirty day period shall cause said member to becomein bad standing. Any member, or group of members,to which dues check-off is not available may, on theapplication of the Local Union to the InternationalAdministrative Committee, and for good causeshown, secure an extension of the grace period be-yond the month covered by the dues payment for notmore than one further month during which the mem-ber will not lose his/her good standing.

SECTION 4. Any member in bad standing shall beineligible to attend Union meetings, to be a candi-date for or hold any Union Office or position, or tovote in any Union election or referendum, or other-wise to participate in Union affairs. He/she shall not

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be restored to good standing until he/she has met allhis/her financial obligations to the Union.

SECTION 5. It shall be the duty of each member topay his/her assessments, fines, and other financiallyobligations when due, and, except for dues payments,failure to pay a financial obligation within one (1)month after the due date shall cause him/her to losehis/her good standing.

SECTION 6. For good cause shown, the InternationalExecutive Council may reasonably extend the timelimitations established in this Article.

SECTION 7. A member shall be required to advisethe Local Financial Secretary-Treasurer promptly ofchange of address.

SECTION 8. Good standing members shall be entitledto free transfer from one Local to another.

SECTION 9. (a) A member in good standing wholeaves the industry or who is furloughed for morethan 90 consecutive days shall receive upon applica-tion made through and certified by his/her LocalFinancial Secretary-Treasurer a withdrawal card fromthe International Union and he/she shall be reinstatedto membership without the payment of a fee uponhis/her becoming eligible again.

(b) A member in good standing who retires be-cause of age or because of disability may elect tocontinue his/her good standing membership status bycontinuing to pay the required dues or to apply forhonorary membership in the International Union for

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the rest of his/her lifetime. Where a member whoreceives an honorary membership card because ofdisability returns to regular full-time employment, he/she shall be reinstated to membership without pay-ment of fee, if such employment would otherwisemake him/ her eligible for membership in this Union.If such employment would not make him/her eligiblefor membership in this Union, his/her honorary mem-bership shall be subject to cancellation by action ofhis/her Local Union. A retired member who contin-ues his/her good standing membership shall haveneither voice nor vote on any collective bargainingissue.

SECTION 10. A member whose membership isterminated shall have no right or interest in any prop-erty of the Local Union or of the International Union,including any dues, assessments or other financialobligations paid by him/her in advance of the effec-tive date of such termination.

SECTION 11. The International Union and the LocalUnion to which the member belongs shall be his/herexclusive representative for the purpose of collectivebargaining in respect to rates of pay, wages, hours ofemployment and other conditions of employment, andfor the negotiation and execution of contracts withemployers covering all such matters including con-tracts requiring his/her membership or the continu-ance of his/her membership in the Union as a condi-tion of his/her employment, and contracts requiring

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the employer to deduct, collect, or assist in collect-ing from his/her wages any dues, fees, assessments,fines or other contribution payable to the InternationalUnion or his/her Local Union.

SECTION 12. (a) A member in good standing whoretires because of age or disability and who has notcontinued his/her good standing membership statusshall be eligible to become an Associate Member inthe International Union for the purpose of partici-pating in Associated Member Organizations (see (d)below) and in the programs established for themembers of such Associate Member Organizations.An Associate Member under this Section 12(a) whoreturns to regular employment shall be reinstated tomembership without payment of fee, if such employ-ment would otherwise make him/her eligible formembership in this Union.

(b) An individual who is not employed within acollective bargaining unit represented by the Inter-national or any of its locals and is not covered by acollective bargaining agreement to which the Inter-national or any of its locals is a party, but is withinany category of employees defined by the Interna-tional Administrative Committee and designated bythe International Administrative Committee as appro-priate for Associate membership, shall be eligible tobecome an Associate Member of the InternationalUnion for the purpose of participating in AssociateMember Organizations and in the programs estab-

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lished for the members of Associate MemberOrganizations.

(c) An individual who is eligible to be an Associ-ate Member shall become an Associate Member byjoining one of the Associate Member Organizationscreated pursuant to (d) below. The InternationalAdministrative Committee shall assign any eligibleindividual who wishes to apply to become an Asso-ciate Member to the appropriate Associate MemberOrganization. Any eligible individual may join theappropriate Associate Member Organization by fill-ing out an application provided by the InternationalSecretary Treasurer or the Associate Member Orga-nization. An eligible individual who has applied forAssociate Membership may maintain that status bypaying dues of $50 per year to be paid annually. TheInternational Executive Council shall have the powerto change the dues requirements for AssociateMembers, provided that any increase in dues forAssociate Members approved by the InternationalExecutive Council shall be effective only until thenext International Convention.

(d) The International Administrative Committeemay issue charters for Associate Member Organiza-tions based on a geographic, industry or any otherbasis, which charters shall contain such provisionsas the International Administrative Committee mayrequire. The International Administrative Commit-tee may revoke a charter issued for an Associate

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Member Organization. Each Associate MemberOrganization shall be governed by its charter and theOrganization’s By-Laws, as approved by the Interna-tional Administrative Committee. The By-Laws shallprovide for the election of the Associate MemberOrganization’s principal officers every three years bythe Organization’s Associate Members. An Associ-ate Member shall be allowed to: (a) vote in any elec-tion for any elective office in the Associate MemberOrganization to which he/she was assigned, (b) benominated for and elected to any such elective officeor to hold any office (if appointed) in such AssociateMember Organization, and (c) participate in mem-ber meetings in such Associate Member Organiza-tion, subject to the provisions of the By-Laws andcharter. Only Associate members who are membersof an Associate Member Organization may hold officein or vote in that Organization. An Associate Mem-ber Organization shall not become or function as thecollective bargaining representative of any group ofAssociate Members or employees, nor deal with orattempt to deal with any employer concerning griev-ances, labor disputes, wages, rates of pay, hours orother terms of employment.

(e) Except as provided in Section 12(d), an Asso-ciate Member (1) shall have no vote in any electionfor any office in the International Union or any Localunion, (2) shall not be eligible for nomination or elec-tion to any office in the International Union or any

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Local Union, nor may he/she hold any such office,and (3) shall have neither voice nor vote on any col-lective bargaining or other issue or any referendumof the International Union or any Local Union. AnAssociate Member is entitled to attend membershipmeetings sponsored by the International Union orheld by the Local Union of which he/she was a mem-ber when he/she retired, provided that the Interna-tional Administrative Committee may vote to excludeAssociate Members from a membership meetingsponsored by the International Union and the LocalUnion Executive Board may vote to exclude Associ-ate Members from Local Union meetings. EachAssociate Member Organization shall be entitled tosend one non-voting observer to the convention ofthe International Union.

ARTICLE XIV.Local Unions

SECTION 1. Ten or more persons eligible for mem-bership in the International Union shall constitute aLocal Union upon receipt of a charter from the Inter-national Secretary-Treasurer under the terms hereinprovided.

SECTION 2. Upon approval of the charter applica-tion by the International Administrative Committee,the International Secretary-Treasurer shall issue tothe applicants a Local Union charter which shall con-tain such provisions as the International Union may

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require; he/she shall also deliver to said applicantsone Local seal and such other initial supplies as maybe necessary to conduct the affairs of the Local Union.The grant of such charter shall be subject to thesubsequent approval of the International ExecutiveCouncil.

SECTION 3. No Local Union shall be dissolved,except with the approval of the International Execu-tive Council.

The funds or property of a Local Union cannot bedivided gratuitously among the members, but shallremain intact for the use of the Local Union for itslegitimate purposes. Whenever the Local Union dis-bands or discontinues its affiliation or its charter isrevoked, the charter, books, and records, and all funds,properties and assets of the Local Union shall bedelivered forthwith, through the office of the Inter-national Secretary-Treasurer, to the InternationalAdministrative Committee as trustees for such LocalUnion, and it shall be the duty and responsibility ofthe Local Union officers to transmit all monies andbooks and other properties of the Local Union to theInternational Secretary-Treasurer, as Secretary-Treasurer of the trustees, or to his/her accredited rep-resentative upon demand. The International Admin-istrative Committee, as trustees, shall discharge theliabilities of the Local Union to the extent possible,out of the funds, properties and assets so received,and in the event of a surplus shall apply such surplus

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to advance the interests of the members of the Divi-sion of which the Local Union was a part. In no eventshall any such surplus become part of the assets ofthe International Union, nor shall the InternationalUnion be responsible for the debts and liabilities ofsuch Local Union.

SECTION 4. Each Local Union shall be charged withthe duty of enforcing this Constitution as affectingits membership.

SECTION 5. Each Local Union shall adopt by-lawswhich shall prescribe its structure and procedures andembody the rules which shall govern the operationof the Local and the conduct of its members. The by-laws shall conform to the provisions and the prin-ciples of this Constitution and to the established poli-cies of the International Union, and shall be effectiveonly when approved by the International Adminis-trative Committee. No amendment to the by-lawsshall be effective until so approved.

SECTION 6. Where reasonably possible, each LocalUnion shall hold monthly regular membership meet-ings. In Local Unions where general membershipmeetings are impractical, the Local Union shall pro-vide in its by-laws for the establishment of sectionsor divisions, each to consist of members included onthe basis of similarity of work, classification, divi-sional, or other logical grouping. Each such sectionor division should meet monthly. Local Unions inwhich general membership meetings are practical

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may also establish sections or divisions. The by-lawsof each such Local shall set up proper procedures forthe election of section or division officers.

SECTION 7. The officers of the Local Union shallbe President, one or more Vice-Presidents as the Localby-laws may provide, a Recording Secretary and aFinancial Secretary-Treasurer.

With the prior approval of the InternationalAdministrative Committee, the office and duties ofRecording Secretary may be merged into the singleoffice of Financial Secretary-Treasurer.

SECTION 8. The Local Executive Board shall con-sist of the Local officers and such members at largeas are provided for in the Local’s by-laws, within thelimits fixed in this Section. Local Unions with lessthan three hundred (300) members shall have one (1)Executive Board Member at large; Local Unions withthree hundred (300) or more members, but less thanfive hundred (500) members, shall have two (2)Executive Board Members at large. Local Unions withfive hundred (500) or more but less than fifteen hun-dred (1,500) members shall have three (3) ExecutiveBoard Members at large; and Local Unions withfifteen hundred (1,500) members or more shall haveone (1) additional Executive Board Member at largefor every one thousand (1,000) members, or majorfraction thereof, in excess of the first one thousand(1,000). With the approval of the InternationalAdministrative Committee, a Local Union with less

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than five hundred (500) members may have up tothree (3) Executive Board Members at large. LocalExecutive Board members shall be elected at the sameelection as are the Local officers and pursuant to thesame procedures. Where the Local by-laws providefor the election of Local Executive Board membersother than at large, the by-law allocation shall be suchas to ensure reasonably proportionate representation.The Local Executive Board shall meet at least once amonth. A majority of the members of the Board shallconstitute a quorum.

SECTION 9. In Local Unions whose members areemployed by different employers, the Local Unionmay in its by-laws establish branches, each to consistof members employed by the same employer. Wherethe number of members employed by one or moreemployer is small, such members should be combinedin a single branch. In Local Unions where branchesare established, the Local by-laws may provide forthe allocation and election of Executive Boardmembers by branches, except that in no case shallthe number of Local Executive Board members,as calculated pursuant to SECTION 8 above, beexceeded.

SECTION 10. In Local Unions, where there are two(2) or more branches or three (3) or more sections,there may be established a Joint Executive Commit-tee to consist of the officers of the Local Union, themembers of the Local Executive Board, the officers

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of the Sections and of such additional delegates asthe Local by-laws may provide.

SECTION 11. No Local Union shall ever be incor-porated.

SECTION 12. The Executive Board of a Local Unionshall have the power to rent, hire and/or lease suchproperty as it may from time to time consider conve-nient or necessary for the proper functioning of theLocal Union. The Local Executive Board shall havethe power, subject to the prior approval of the Inter-national Administrative Committee, to purchase,either in the name of the Local Union, or in the nameof a corporation formed for that purpose whose stockis held in the name of the officers of the Local astrustees for the Local Union, such real property asmay be convenient or necessary for the proper func-tioning of the Local Union. The Local ExecutiveBoard shall have the power to rent out any portion ofsuch property not needed for the use of the LocalUnion.

SECTION 13. The International Executive Councilshall determine the policy on affiliations of LocalUnions, and shall have the power to require any LocalUnion to comply with such policy. No Local Unionshall enter into any affiliation outside such policy,except with the prior approval of the InternationalExecutive Council.

SECTION 14. No Local Union shall create a fund or

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trust, separate and distinct from the funds of the LocalUnion, without the prior written approval of theInternational Administrative Committee.

SECTION 15. No Local Union shall disaffiliatefrom the International Union. No Local Union, orits officers or Executive Board, shall take any stepsto cause or attempt to bring about the disaffiliationor withdrawal of the Local Union or of anymembers or group of members from theInternational Union (including through adecertif ication effort), including by holding orplanning to hold a vote connected to a disaffiliationor withdrawal effort, by spending or planning tospend monies of the Local Union on a disaffiliationor withdrawal effort, or by transferring or planningto transfer property or assets of the Local Unionto a union not affiliated with the InternationalUnion or to any other third-party in connection witha disaff iliation or withdrawal effort. Notwith–standing the foregoing in this SECTION 15, theInternational Executive Council may, throughwritten resolution, permit a Local Union todisaffiliate from the International Union and/orpermit a Local Union, or its officers or ExecutiveBoard to take steps to cause or attempt to bringabout the disaffiliation or withdrawal of the LocalUnion or of any members or group of membersfrom the International Union.

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ARTICLE XV.Local Union Elections

SECTION 1. The term of office of Local officers andExecutive Board members shall be three (3) yearsexcept that the International Administrative Commit-tee shall have the authority to approve a by-lawprovision establishing, or maintaining, a two-yearterm for the officers and Executive Board membersof any Local which petitions and submits satisfac-tory reasons for such approval, and except furthersuch term may be extended for good cause shown tofour (4) years where the law permits. Elections underthis section shall be by a plurality of the secret ballotvotes cast.

SECTION 2. Members of the Local Executive Boardmay be elected either at large or through branches,sections or divisions, or on such other basis set forthin the Local’s by-laws as will ensure equitable repre-sentation.

SECTION 3. No member shall be eligible for nomi-nation or election to any office unless he/ she shallhave been in continuous good standing in his/herLocal Union for a period of twelve (12) months im-mediately preceding nomination. No member of aLocal Union that has been in existence for less thantwelve (12) months shall be eligible for nominationor election to office unless he/she shall have been incontinuous good standing from the date of his/heradmission to membership in said Local Union.

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SECTION 4. No member shall be eligible for nomi-nation or election to any office for three years afterbeing found at trial, or admitting, to either (1) havingworked in the interest of or accepted membership inany organization dual to the International Union or(2) having advocated or attempted to bring about thewithdrawal or disaffiliation from the InternationalUnion of any Local Union or any member or groupof members. Such ineligibility shall cease to applyif the trial determination is later reversed.

SECTION 5. Branch, section, and division officersin Local Unions shall be elected pursuant to the pro-cedure set forth in the Local’s by-laws.

SECTION 6. All ballots and such other records aspertain to the election of Local officers and of Con-vention delegates shall be preserved for at least twelve(12) months. Primary responsibility for their preser-vation shall be vested in the Financial Secretary-Treasurer, but it shall be the obligation of eachmember of the Local Executive Board to insure theirpreservation.

Not less than fifteen (15) days prior to the electionof local officers, notice of such election shall bemailed to each member of the Local Union at his/herlast known home address. The members of the LocalUnion shall also be given a reasonable opportunityto nominate candidates for Local office. Failure tomeet either of the requirements of this Section shallinvalidate the election.

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SECTION 7. The failure of a member, otherwise ingood standing, to attend a reasonable number of themeetings of his/her Local Union, or of the division,section or other unit thereof to which he/she belongs,may not be made the basis for disqualifying suchmember as a nominee for any elective position exceptBranch, section or division officer or officer of aLocal Union whose membership is comprised entirelyof public-sector employees. Any meeting attendancerequirement permitted by this provision shall beeffective only if incorporated in the Local’s by-lawsand the by-law provision may not be given retroac-tive effect. This section shall not be construed to pre-clude a Local Union from establishing in its by-lawsany other reasonable penalty for a member’s failureto attend Union meetings. The failure of a memberto attend a meeting because of the requirement ofhis/her job or any other adequate reason shall not af-fect his/her eligibility to run for or hold any electiveposition, provided that within thirty (30) days aftersuch non-attendance he/she files a written statementwith the Local Recording Secretary of the reasonsfor his/her non-attendance. If the officers adminis-trating the Local Union in accordance with this Con-stitution, or their designee, do not within 30 days ofthe receipt of such statement, challenge the truth oradequacy of the stated reasons, the member shall, forthe purposes of this section, be deemed to haveattended such meeting. Should the officers challenge

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the stated reasons, the member may appeal thatdetermination to the Local Executive Board, whichshall decide the appeal based on documents and otherwritings submitted to it by the Local officers and themember appealing their decision. The decision ofthe Executive Board may be appealed in accordancewith Article XXII of the TWU Constitution. Nomember shall be regarded, for the purposes of eligi-bility for nomination to a given office, as havingmissed a given meeting where he is engaged in thisprocess unless and until the Local Executive Boardhas rendered a decision rejecting his statement ofreasons for missing the meeting in question.

SECTION 8. Any member in good standing who be-lieves that he/she has been improperly denied theopportunity to be a candidate for an elective officeor position may file a complaint with his/her LocalExecutive Board no later than fifteen (15) days afterreceiving notice of the denial. Any member in goodstanding who believes that an election in which he/she was a candidate was improperly conducted, mayfile a complaint with his/her Local Executive Boardno later than fifteen (15) days after the results of theelection have been made known. If he/she is dissatis-fied with the action of the Local Executive Board onhis/her complaint, he/she may, within 15 days there-after, or within 30 days after filing his/her complaintwith the Local Executive Board if the Board has nottaken final action thereon within that time, file an

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appeal to the International Union pursuant to ArticleXXII of this Constitution.

ARTICLE XVI.Duties of Local Officers

SECTION 1. The President shall preside at all meet-ings of the Local Union, the Local Executive Boardand Joint Executive Committee. He/ she shall signall orders on the Financial Secretary-Treasurerauthorized by the Local Executive Board and shallcountersign all checks issued by the Financial Secre-tary-Treasurer against the accounts of the LocalUnion on authorization of the Local Executive Board.He/she shall enforce the provisions of this Constitu-tion. He/she shall appoint all committees not other-wise provided for. He/she shall perform such otherduties as the Local Union, or the Local ExecutiveBoard may assign to him/her; and except as to powersand duties specifically conferred on him/her by theConstitution, he/she shall adhere to all decisions anddirections of, and be subject to, the Local ExecutiveBoard. He/she shall be, ex officio, a delegate to Con-vention of the International Union and of all organi-zations to which the Local is affiliated. He/she shallbe responsible for the proper conduct of the affairsof the Local Union, and the compliance by his/herfellow officers with their obligations under the Inter-national Constitution and the Local by- laws. He/sheshall be chairman of the Local’s Committee on

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Political Education. He/she shall be chairperson ofthe Local’s Organizing Committee.

SECTION 2. The Vice President shall assist thePresident in the discharge of his/her duties, and dur-ing his/her absence shall perform the duties of thePresident. In the event that a vacancy occurs in theoffice of President, the Vice President shall act asPresident for the unexpired term. Where the Localby-laws provide for more than one (1) Local VicePresident and where the bylaws are silent as to whichof the Vice Presidents shall perform the duties of anabsent President or shall succeed to the Presidencyin the event of a vacancy, the Local Executive Boardmay make such a designation. A president so desig-nated shall not be ex officio a delegate to an Interna-tional Convention, unless all of the Vice Presidentsof the Local are ex officio delegates under the Localby-laws.

SECTION 3. The Recording Secretary shall keep cor-rect minutes of all meetings of the Local ExecutiveBoard and of the Joint Executive Committee. He/sheshall issue the Call for all meetings of the LocalUnion, of the Local Executive Board and of the JointExecutive Committee, as directed by the LocalExecutive Board. He/she shall perform such otherduties as are prescribed by this Constitution or by theLocal Executive Board. In a Local Union where theoffice of Recording Secretary is merged with theoffice of Local Financial Secretary-Treasurer, the

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powers and duties of the Recording Secretary shallvest in the office of the Financial Secretary-Treasurer.

SECTION 4. The Financial Secretary-Treasurer shallreceive all monies paid into the Local Union, includ-ing monies received for welfare or special funds, andgive official receipts for all such monies receivedusing the triplicate receipt book supplied by theInternational Union or a form approved by the Inter-national Administrative Committee.

He/she shall deliver the original receipt to the payer,a triplicate thereof to the International Secretary-Treasurer and shall retain the duplicate in the files ofthe Local Union. He/she shall deposit all moniesreceived in the name and number of the Local Unionin such bank or banks as the Local Executive Boardmay direct. He/she shall sign all checks.

He/she shall make no payments by cash, check orotherwise, unless such payment is supported by avoucher duly completed pursuant to the rules and regu-lations established by the International Administra-tive Committee. Such vouchers shall be preserved byhim/her and his/her successor for at least five (5) years.

He/she shall keep regular books and records of theLocal’s finances pursuant to the rules and regulationsestablished by the International AdministrativeCommittee.

He/she shall report monthly to the Local Execu-tive Board and to the International Secretary-Treasurer on the forms approved by the International

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Union. He/she shall submit, at least once each year,such books, records, vouchers and other supportingdata for inspection and audit to a Certified PublicAccountant, the cost of the audit to be borne by theLocal Union. Should the audit report fail to complywith the requirements and specifications establishedby the International Secretary-Treasurer, the lattershall have the power to designate another CertifiedPublic Accountant to make a further audit at the costand expense of the Local Union. Not less than thirty(30) days before the start of any audit arranged forby a Local Union, the Local Financial Secretary-Treasurer shall forward to the International Secre-tary-Treasurer the name and address of the CertifiedPublic Accountant who is to conduct the audit.

At the request of a Local Union, the InternationalAdministrative Committee shall have the power towaive the requirement that the audit be conducted bya Certified Public Accountant and substitute anotherform of audit satisfactory to the International Admin-istrative Committee.

He/she shall be the custodian of the Seal of theLocal Union.

He/she shall keep and supply to the InternationalSecretary-Treasurer a correct record of the full namesand addresses of all members, and promptly notifythe International Secretary-Treasurer of the namesand addresses of all members who leave the Local orwho are suspended or expelled.

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Before entering upon his/her duties, the FinancialSecretary-Treasurer shall deliver a bond as requiredby the International Union and in an amount to bedetermined by the International Secretary-Treasurerbased on the audit report of the Certified PublicAccountant, but not less than Five Hundred Dollars($500). The premium on said bond shall be paid outof the funds of the Local Union.

He/she shall deliver to his/her successor all moniesand other property of the Local Union. On demand ofthe International Union, he/she shall make availableall books and records including the records of anywelfare or special fund for examination and audit.

SECTION 5. The officers of the Local Union shallbe the Trustees of the property of the Local Union,subject to the direction of the Local Executive Board,and deliver such bond as required by law.

ARTICLE XVII.Finances

SECTION 1. (a) Effective January 1, 1978, the mini-mum monthly dues for membership in the TransportWorkers Union shall be two times the hourly wagerate on the first day of the dues month, or $10.50,whichever is greater. For members on a monthly paybase, the hourly wage rate shall be arrived at bydividing the monthly pay by 173.3.

(b) The hourly wage rate and the monthly payshall include cost-of-living allowances and longev-

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ity pay, but shall exclude overtime and shift differ-entials.

(c) No member shall be required by the provisionsof paragraph (a) above to pay a monthly dues rateduring any one calendar year more than Four Dollarsabove his/her monthly dues date in effect on Decem-ber 31, of the previous year, except to the extent thatthe increase above Four Dollars results from promo-tional, or longevity increases, or from a step-up in awage scale. The International Executive Council shallhave the authority to grant the petition of a LocalUnion to retain the Two Dollar limitation where, inthe judgment of the Council, the good of the Unionrequires it.

The International Administrative Committee isauthorized and empowered to substitute, for the in-dividual hourly rate of each member, the average orthe weighted average or other reasonable equivalentof the hourly rates of any group of members in abargaining unit, or Local Union unit, or any otherappropriate unit basis.

Such action of the Committee shall be effective asof the date fixed by the Committee but shall be sub-ject to review by the International Executive Councilat its next succeeding meeting.

SECTION 2. An initiation fee or rate of dues / inexcess of the minimums specified in SECTION 1 abovemay be established only by a by-law provision.

SECTION 3. Effective January 1, 1982, the per capita

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tax payable for each calendar month, by each Localto the International Union shall be thirty (30%) per-cent of the total of dues and agency shop fees receivedby the Local in each such month, and shall beforwarded to the International Secretary-Treasurer onor before the tenth (10th) day of the following month.Where implementation of this Section would requirean increase, in any calendar year, of more than twopercentage points in the per capita payments in theprevious calendar year, such increase shall be lim-ited to two percentage points.

SECTION 4. (a) Any member who is prevented byillness, injury, or lay-off from earning any wages in acalendar month shall be excused from paying duesfor such month and such nonpayment shall not affecthis good standing. For the purposes of this paragraph,the word “Wages” shall be construed to include anymonetary compensation, totaling seventy-five (75%)percent or more of the member’s regular monthly in-come from his/her employment, payable to an ill orinjured worker under applicable law, and/or pursuantto a collective bargaining agreement. In order to beexcused, such member shall be required to file withhis/her Local Financial Secretary-Treasurer a requestfor exoneration on the official form supplied by theInternational Secretary-Treasurer.

The exoneration shall not be effective unless anduntil approved and countersigned by the LocalFinancial Secretary-Treasurer, and approved by the

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Local Executive Board. A substitute exoneration pro-cedure may be adopted in any Local whose methodof collecting and crediting dues payment makes asubstitute procedure more practical or more efficient,provided that the substitute procedure is approved bythe International Administrative Committee.

(b) After three consecutive months’ approved ex-oneration because of lay-off, a laid-off member shallbe required to pay his/her dues to retain his/her goodstanding membership, or to accept an honorary with-drawal card. After twelve consecutive months’approved exoneration because of illness or injury, anysuch ill or injured member shall be required to payhis/her dues to retain his/her good standing member-ship, or to accept an honorary withdrawal card. Amember shall not be considered to be in good stand-ing during any period for which he/she holds an hon-orary withdrawal card.

(c) Each exonerated member shall be listed byname, together with the reason for the exoneration onthe monthly report of the Local Financial Secretary-Treasurer to the International Secretary-Treasurer.

SECTION 5. When any Local Union fails to re-port and remit to the International Secretary-Trea-surer the full amount of initiation fees and duesand International assessments as provided forherein, the International Secretary-Treasurer shallnotify the Local President and the Local Record-ing Secretary of the fact, and failing to receive a

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satisfactory response within thirty (30) days thereaf-ter, the International Administrative Committee maysuspend such Local Union. The International Secre-tary-Treasurer may publish and distribute a delinquentlist of all such Local Unions so suspended.

SECTION 6. Local Unions placed on the delinquentlist shall not be reinstated until they have filed all de-linquent reports and have complied with any penal-ties prescribed by the International Executive Council.

SECTION 7. Should any Local Union fall more thansixty (60) days in arrears in the payment of its percapita tax, the International Administrative Commit-tee shall have the authority to, and may require, thoseemployers which deduct and forward employee duesand agency shop fees to such Local, to pay over themonies so deducted to the International Secretary-Treasurer. The International Secretary-Treasurer shallretain the per capita tax payable on such monies andall or part of the balance at his/her discretion untilthe Local’s indebtedness to the International has beensatisfied. Thereafter, the International Secretary-Treasurer shall pay over to the Local the amount pe-riodically received from the employers, less the ap-plicable per capita tax. The International Adminis-trative Committee may restore the payment of the duesand agency shop fees by the employers directly tothe Local upon receipt of satisfactory assurances thatthe Local will meet its per capita obligations as theyfall due.

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SECTION 8. The International Executive Councilshall have the power to relieve a Local Union or itsmembers from the obligations or any of them im-posed by this Article where the Council considerssuch relief necessary or advisable for the good of theUnion.

ARTICLE XVIII.Non-Compliance with Constitution —Special Provisions

SECTION 1. In the event of a suspension of a LocalUnion, the members thereof and the Local Union shallnot be deemed to be in good standing during theperiod of suspension.

SECTION 2. After the charter of a Local Union hasbeen revoked, the International Administrative Com-mittee may charter a new Local Union having the samejurisdiction as the Local Union whose charter wasrevoked. The members of the Local Union whose char-ter was revoked may be readmitted only by action ofthe International Administrative Committee.

SECTION 3. Should any Local Union, its officers, ormembers, engage in activities in violation of this Con-stitution, or of the principles or objects set forth herein,the International Administrative Committee may, inan emergency, with approval in writing or by telegramof a majority of the individual members of the Inter-national Executive Council, appoint an Administra-tor of the affairs of such Local Union, who shall forth-with take over and conserve the assets of such Local

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Union and shall have sole and exclusive authority tospeak and act for such Local Union and to administerits affairs pending conclusion of the procedure set forthin SECTION 4 or SECTION 5 of ARTICLE V.

ARTICLE XIX.Discipline

SECTION 1. A charge by a member or members ingood standing that a member or members have vio-lated this Constitution or engaged in conduct unbe-coming a member of the Union must be specificallyset forth in writing and signed by the member or mem-bers making the charge. The charge must state theexact nature of the alleged offense or offenses and, ifpossible, the period of time during which the offenseor offenses allegedly took place. Two (2) or moremembers may be jointly charged with having par-ticipated in the same act or acts charged as an offenseor with having acted jointly in commission of suchan offense and may be jointly tried.

SECTION 2. Charges must be submitted to theRecording Secretary of the Local Union within sixty(60) days of the time the complainant first becameaware, or reasonably should have been aware, of thealleged offense, provided, that if the charges areagainst the Recording Secretary, they shall besubmitted to the President of the Local Union, andprovided further that charges preferred against onefor acts or conduct detrimental to the interest of theUnion or its members, committed while he/she was

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out of the Union on withdrawal card, shall be sub-mitted within sixty (60) days from the time of thedeposit of his/her withdrawal card. Notwithstandingthe foregoing, charges alleging conduct under Sec-tions 5(c) and 5(e) of this Article must be submittedwithin four (4) years of the time the complainant firstbecame aware, or reasonably should have been aware,of the alleged offense.

SECTION 3. Upon charges being submitted, it ismandatory that a trial be held unless the chargesare withdrawn by the accuser or considered by theLocal Executive Board to be improper under thisArticle. Prior to the notification to a member thatcharges have been filed against him/her, the LocalExecutive Board shall review the charges and considerthem improper if:

(a) The charges do not state the exact nature of thealleged offense as required by SECTION 1 of thisArticle;

(b) The charges are untimely under SECTION 2 ofthis Article;

(c) The act complained of does not sustain a chargeof a violation of the Constitution or conduct unbe-coming a member of the Union;

(d) The charges involve a question which shouldbe decided by the membership at a membership meet-ing and not by the trial procedure.

If, pursuant to the above, the charges are deter-mined to be improper, the charging member shall beso notified in writing. The Local Executive Board’s

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decision may be appealed to the Committee onAppeals.

SECTION 4. A member against whom charges havebeen filed may be suspended pending trial from anyelective or appointive office or position he/she mayhold in his/her Local Union by a two-thirds (2/3) voteof the Local Executive Board.

SECTION 5. The following enumerated acts are setforth as typifying conduct unbecoming a member ofthe Union. This enumeration shall not be construedto exclude from disciplinary action other forms ofunbecoming conduct.

(a) Violation of any of the provisions of this Con-stitution, any collective bargaining agreement, orworking rule of the Local Union;

(b) Obtaining membership through fraudulentmeans or by misrepresentation;

(c) Advocating or attempting to bring about thewithdrawal or disaffiliation from the InternationalUnion of any Local Union or any member or groupof members;

(d) Maliciously publishing or circulating amongthe membership false reports or misrepresentations;

(e) Working in the interest of or accepting mem-bership in any organization dual to the InternationalUnion;

(f) Wilfully wronging a member of the Interna-tional Union;

(g) Using abusive language or disturbing the peaceor harmony of any meeting in or around any office

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or meeting place of the International Union or LocalUnion;

(h) Fraudulently receiving any money due theorganization or misappropriating the monies of theorganization;

(i) Charging interest directly or indirectly in ex-cess of the legal rate of interest to fellow employees;

(j) Using the name of the Local Union or of theInternational Union, or its emblem, for any unautho-rized purpose;

(k) Furnishing a complete or partial list of the mem-bership of the International Union or of any LocalUnion to any person or persons other than those whoseofficial position entitles them to have such a list;

(l) Deliberately interfering with any official of the In-ternational Union in the discharge of his/ her duties;

(m) Being a member, consistent supporter of oractive participant in the activities of the CommunistParty, or of any Fascist, Totalitarian or other subver-sive organization which opposes the democratic prin-ciples to which our Nation and our Union arededicated;

(n) By act, omission or conduct prejudicing or dam-aging the interests and welfare of the InternationalUnion or of his/her Local Union.

ARTICLE XX.Trial of Members

SECTION 1. In the event that the Local Executive

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Board decides that the charges warrant a trial, theLocal Executive Board shall elect a Trial Committeeof three members in good standing and shall desig-nate a member in good standing to present the chargesbefore the Trial Committee. The members of the TrialCommittee shall be selected by the Executive Boardspecifically for the trial of such charges and no officeror member who is a party or directly interested insuch charges shall act as member of the TrialCommittee.

SECTION 2. Promptly after the selection of the TrialCommittee, the Recording Secretary shall mail a copyof the charge, by registered mail, to the accusedmember at his/her last known address, together witha statement containing the names of the Trial Com-mittee and the time and place of the hearing, whichshall be not less than one (1) week nor more thanfour (4) weeks after the mailing of the notice. Suchinformation shall also be given to the member ormembers who prefer charges.

SECTION 3. The accused may challenge any mem-ber of the Trial Committee on the ground that he/sheis a party to or directly interested in such charges.The challenge must be made to the Local ExecutiveBoard within one (1) week after notification to theaccused of the names of the Trial Committee. If thechallenge is sustained, the Local Executive Boardshall replace the challenged member of the Trial Com-

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mittee and a new trial date set if necessary to affordthe accused reasonable notice.

SECTION 4. The accused shall have the right to berepresented before the Trial Committee by any mem-ber of the Local Union in good standing. In the eventthat the accused fails to appear at the hearing at thetime and place provided in the notice served uponhim/her, and presents no acceptable excuse for ab-sence, the hearing shall proceed with the same forceand effect as if he/she were present.

SECTION 5. Within seven (7) days after the conclu-sion of the hearing, the Trial Committee shall reportits f indings and recommendations to the LocalRecording Secretary.

SECTION 6. The Local Executive Board shall takesuch action on the report of the Trial Committee as itmay deem proper, and, in the event the accused isfound guilty of the charges preferred against him/her, shall impose such uniformly applied penaltiesas in its judgment it may deem fitting and proper andincluding ineligibility to hold any office or appoint-ive position in the Local or International Union for aperiod not exceeding three years.

SECTION 7. If any officer of the Local Union is foundguilty of charges preferred against him/ her, the LocalExecutive Board may remove him/ her from officein addition to any other uniformly applied penalty it

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may impose including ineligibility to hold any officeor appointive position in the Local or InternationalUnion for a period not exceeding three years.

SECTION 8. The decision of the Local ExecutiveBoard shall be communicated in writing, registeredmail, by the Recording Secretary to the accusedwithin seven (7) days after the meeting of the Board.

SECTION 9. A member who has been found guiltyof charges preferred against him/her pursuant to thisArticle shall have the right to appeal to the Interna-tional Committee on Appeals, provided that he/shefiles a notice of appeal with the International Secre-tary-Treasurer within fifteen (15) days after receiptof the decision of the Local Executive Board. Thenotice of appeal shall consist of:

(a) a copy of the charges preferred against him/ her;(b) a copy of the decision of the Local Executive

Board; and(c) the appellant’s statement of reasons why the

decision of the Local Executive Board should be setaside or the penalty modified.

SECTION 10. Any higher body to which an appealfrom the decision of the Local Executive Board ismade shall have the authority to affirm or reverse thedecision, or to modify the decision, or to order a newtrial.

SECTION 11. A member who is under suspensionfrom membership, including a temporary suspension

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pending hearing or trial, shall be required to pay alldues during the period of suspension.

ARTICLE XXI.Suspension of Local Officers

SECTION 1. Any officer of a Local Union, or of abranch, section, or division thereof, who fails orrefuses to adhere to, or carry out, the instructions,directions, or decisions of the Local Executive Boardor of the Local Union or of the International Execu-tive Council, or who acts in violation of the Consti-tution, may be suspended forthwith by the LocalExecutive Board, or by the International ExecutiveCouncil.

Within five days of such suspension, the suspendedofficer shall be given a written statement of thereasons for his/her suspension, and within fifteen (15)days thereafter, he/she shall be given the opportunityto appear and explain his/her conduct to such Boardor Council. He/she shall have the right to call anymember of the Local Union as a witness and shallhave the right to cross-examine any witness or anymember of the Local Union or of the InternationalExecutive Council who speaks against him/her. Astenographic record shall be made of the proceed-ings of such hearing, a copy of which shall be fur-nished to the suspended officer. Upon the conclu-sion of such hearing the Board or Council shall decidewhether the evidence warrants removal of the officer

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and shall either reinstate the accused to his/her officeor remove him/her from his/her office, or may takeother appropriate action.

The officer thus removed may follow the appel-late procedure set forth in ARTICLE XXII.

ARTICLE XXII.Appeals

SECTION 1. The International Executive Councilshall appoint a Committee on Appeals to consist offive (5) members of the Council or the InternationalExecutive Board. The Committee on Appeals shallhave the power to decide all appeals from LocalUnions and their members in any matter relating tothe application of this Constitution or the By-Lawsof the Local Union. When the decision of the Com-mittee on Appeals is unanimous, such decision maybe appealed only to the next International Conven-tion, except only that the Council may, on its motion,decide to review the appeal, and upon such review,may affirm, overrule or modify the decision of theCommittee on Appeals. When the decision of theCommittee on Appeals is not unanimous, any partyto the dispute may, as a matter or right, appeal suchdecision to the full Council. The decision of the Coun-cil may be appealed only to the International Con-vention.

SECTION 2. Any member in good standing may, af-ter exhausting available remedies in his/her Local

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Union, appeal to the International Union (a) from anyaction or decision of his/her Local Union which he/she believes to be in violation of this Constitution orof the by-laws of his/her Local Union; or (b) fromany decision of his/her Local Union pursuant toARTICLE XX or ARTICLE XXI of this Constitution; or(c) from any other act or decision which, under thisConstitution or his/her Local by-laws, is subject toappeal to the International Union.

SECTION 3. Unless otherwise provided in this Con-stitution or in his/her Local by-laws, the appellantmust file his/her appeal in writing with the Interna-tional Secretary-Treasurer within thirty (30) days afterthe decision or action from which the appeal is taken,except only that the Committee on Appeals mayextend such filing period for good cause.

SECTION 4. An appeal to the International Execu-tive Council shall be filed no later than twenty (20)days after notice of the decision of the Committee onAppeals. An appeal to the International Conventionshall be filed no later than thirty (30) days after noticeof the decision being appealed.

SECTION 5. When any act or decision of a LocalUnion is reversed or modified on appeal, the Inter-national Executive Council may in its discretionrequire the Local Union to compensate the appellantfor any loss incurred as a result of the reversed ormodified decision.

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ARTICLE XXIII.Exhaustion of Remedies

Any member, Local officer or Local Unionaggrieved by any action, inaction, ruling,interpretation or decision of the International Unionor of any International officer shall exhaust allavailable remedies provided by this Constitutionbefore filing any legal proceeding concerning thematter in any court or other forum against theInternational Union or any International Officer. Ifthis Constitution does not provide a specific remedyfor challenging the action, inaction, ruling,interpretation or decision, the member, Local officeror Local Union must exhaust the following procedurebefore filing any legal proceeding concerning thematter against the International Union or anyInternational Officer: The complainant shall file awritten complaint concerning the matter with theInternational Secretary-Treasurer within thirty (30)days after the complainant learned or reasonablyshould have learned of the action, inaction, ruling,interpretation or decision being challenged. TheInternational Secretary-Treasurer shall refer thematter to the International Executive Council. TheInternational Executive Council, or a subcommitteethereof designated by the International ExecutiveCouncil or by the International AdministrativeCommittee, may hold a hearing and a subcommittee

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so designated may issue a recommended decision tothe International Executive Council. The InternationalExecutive Council is authorized to render a decisionon the matter. The decision of the Council may beappealed only to the International Convention. Anysuch appeal shall be filed no later than thirty (30)days after notice of the Council’s decision.

ARTICLE XXIV.Grievances

SECTION 1. Filing Complaints: Any member of aLocal Union or the section of a Local Union wheresections are established, feeling that he/ she has beenunjustly dealt with by the employer or the employer’sagents, shall file with the Local Union or section orsuch officer as may be designated, his/her complaint,the form for which shall be furnished by the LocalUnion. Such complaint shall be referred to the sec-tion committee or Local Union representative fordetermining its merits and the handling of same withthe management for adjustment.

SECTION 2. Reports: The officer or officers handlingthe complaints with the management shall report theirconclusions to the Local Union or section as the casemay be. In the event the handling with the manage-ment is not satisfactory, it shall be the duty of the LocalUnion or section involved to consider the matter.

SECTION 3. Action: The Local President or his/ herrepresentative shall be called upon to adjust any

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grievances that the section is unable to settle satisfac-torily. It shall be the policy of the International Unionto provide, where it is lawfully possible, for anexpedited arbitration procedure with a permanentneutral for the purpose of resolving grievances againstmanagement.

SECTION 4. (a) The Local Union to which the mem-ber belongs shall act exclusively as his/her agent torepresent him/her in the presentation, maintenance,adjustment and settlement of all grievances and othermatters relating to terms and conditions of employ-ment or arising out of the employer-employee rela-tionship, unless the International Union is a party tothe collective bargaining agreement.

(b) This Section imposes no obligation on theInternational Union, or on the Local Union, to processevery grievance or complaint, or to take any particu-lar grievance to arbitration, or to sue on behalf of, ordefend any member in any court proceeding. The ob-ligation is to represent fairly and in good faith freefrom hostile discrimination.

ARTICLE XXV.Collective Bargaining and Contracts

SECTION 1. Collective bargaining on behalf of anymembership group shall be guided by the collec-tive bargaining program and policy of the previ-ous Convention.

SECTION 2. Any proposed agreement shall be sub-

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ject to ratification by the members covered by suchproposed agreement.

SECTION 3. No member or members shall negotiateor confer with any management or agents thereof,without due authority, on matters pertaining to wages,hours or working conditions.

SECTION 4. (a) The International President shall benotified of all collective bargaining negotiations;copies of all proposed demands shall be forwardedto him/her in advance of the negotiations; he/she orany representative designated by him/her shall havethe right to participate in anynegotiations to the ex-tent of having a voice therein, but shall not have aright to vote in any decision of a Local Union in con-nection with negotiations.

(b) Every collective bargaining agreement shallrequire the written approval of the International Presi-dent before becoming a binding obligation on anymember or on any Local Union. Such approval maybe given in the name of the International Presidentby his/her authorized designee.

SECTION 5. No officer, member, representative oragent of the International Union or of any LocalUnion or of any subordinate body of the InternationalUnion shall have the power or authority to counsel,cause, initiate, participate in or ratify any action whichconstitutes a breach of any collective bargaining con-tract duly entered into.

SECTION 6. No Local Union or other subordinate

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body, and no officer, agent, representative or mem-ber thereof shall have the power or authority to rep-resent, act for, commit or bind the International Unionin any matter except upon express authority havingbeen granted therefor by this Constitution or in writ-ing by the International President or the InternationalExecutive Council.

ARTICLE XXVI.Strikes

SECTION 1. A strike of members of this Union shallnot be authorized or approved except under thefollowing conditions:

(a) A vote is taken among those members whowould be direct participants in the strike and the strikeaction is approved by a majority of those voting.

(b) The International President has been kept fullyinformed of the conditions leading up to the strikedecision and has approved the calling of the strike.

(a) Where all of the members who would directlyparticipate in the strike are members of a single LocalUnion, the strike is approved by the Local ExecutiveBoard of such Local Union.

(d) Where the members who would directly par-ticipate in such strike are members of more than oneLocal Union, the strike action is approved by theInternational Administrative Committee.

SECTION 2. Once a strike of members of a singleLocal Union has been called, it can be declared off

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only by the Local Executive Board of the LocalUnion. Where members of more than one LocalUnion are direct participants in the strike action, thestrike can be called off only by the InternationalAdministrative Committee.

SECTION 3. Neither a Local Union nor any memberthereof shall receive any strike aid or other strikebenefits in any case where the foregoing provisionsof this Article have not been complied with

ARTICLE XXVII.General Provisions

SECTION 1. No member shall draw two (2) salariesfrom the Transport Workers Union of America and/or any Local or any subdivision thereof.

SECTION 2. All announcements appearing on pagesof the official Transport Workers Union publicationshall be considered due and proper notice.

ARTICLE XXVIII.Referendum

SECTION 1. When the International Executive Coun-cil decides to submit any matter or question to a ref-erendum of the membership of the InternationalUnion, either pursuant to the requirements of thisConstitution, or to the requirements of any law, or inthe exercise of the Council’s judgment, the Councilshall decide whether to conduct the referendumdirectly or through the Local Unions.

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SECTION 2. In either event, the Council shall ap-point a Referendum Committee, to promulgate therules and procedures to govern the referendum andto supervise the conduct of the referendum. The ref-erendum shall be conducted in such a manner as toensure that the member expressing his/her choice withrespect to the issue submitted cannot be identifiedwith the choice expressed.

SECTION 3. Direct Referendum—Where the Coun-cil has decided on a direct referendum, the Interna-tional Secretary-Treasurer shall promptly require eachLocal Union to submit to him/her, within fifteen (15)days from receipt of the request, an up-to-date, cor-rected list of the names and addresses of its membersin good standing, certified by the Local President andFinancial Secretary-Treasurer. The ballots shall beuniform and shall be mailed within a single twenty-four (24) hour period by the International Secre-tary-Treasurer to the members of the InternationalUnion in good standing. The dates for the return-ing and for the counting of the ballots shall be fixedby the Referendum Committee, which shall beresponsible for the proper counting of the ballotsand the certification of the result. The InternationalSecretary-Treasurer shall preserve for at least one(1) year the ballots and all other records of his/heroffice and of the Referendum Committee pertain-ing to the referendum.

SECTION 4. Referendum by Local Union —When the

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Council decides to conduct the referendum through theLocal Unions, the International Secretary-Treasurershall send by registered mail to each Local Union asmany ballots as there are, according to his/her records,members in good standing in each respective Localunion. The ballots shall be uniform. The ReferendumCommittee shall fix the date and manner of voting ineach Local Union and shall determine the manner inwhich the votes shall be counted. The tally of the votingin each Local Union shall be signed and certified bythe Local President and the Local Financial Secretary-Treasurer, and all ballots, valid, soiled and unused, shallbe delivered to the International Secretary-Treasurerwho shall preserve them for at least one (1) year,together with all other records of his/her office and ofthe Referendum Committee, pertaining to the referen-dum. The Referendum Committee shall tally and certifythe results of the voting.

ARTICLE XXIX.Education

SECTION 1. Education shall be an integral part ofthe business of the International Union and of eachLocal Union, particularly education in labor history,labor problems, the objectives of the InternationalUnion, the problems of the International Union, itsmembers and their families and the areas of thewelfare of our country on which the welfare of laborhas the greatest impact. To this end, and to the devel-

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opment of a sound and informed loyalty to theTransport Workers Union of America and the labormovements in general, there shall be maintained anInternational Education Department.

SECTION 2. The International President shall have thepower to appoint an Education Director and fix his/hercompensation and expenses subject to the approval ofthe International Administrative Committee.

SECTION 3. Each Local Union shall set up and main-tain an Education Committee under the direction ofthe International Education Director. The duties ofthis Committee shall be to promote all branches ofeducation affecting the welfare of the individual mem-bers, the Local Union, the International Union, andthe labor movement.

It shall be the duty of the International Represen-tatives to see that this provision of the Constitution iscarried out in the areas in which they serve.

SECTION 4. Each Local Union shall designate amember whose duty it shall be to report the newsand activities of the Local Union to the official Inter-national publication.

ARTICLE XXX.Civil and Human Rights Department

SECTION 1. There is hereby created a department tobe known as the Civil and Human Rights Depart-ment of the International Union.

SECTION 2. The President shall appoint a Director

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and a Committee. The Committee shall be composedof International Executive Board Members and LocalOfficers to handle the functions of this department.The Committee shall be educated and trained in thefield of inter-racial, inter-faith and inter-culturalrelations, to assist in the implementation of the poli-cies of the International Union dealing with discrimi-nation based on race, sex, sexual orientation, gender,religion, national origin, age and disability.

SECTION 3. The Department shall be charged withthe duty of implementing the policies of the Interna-tional Union dealing with discrimination, as thesepolicies are set forth in the International Constitu-tion and as they may be evidenced by action of theInternational Executive Board and of InternationalConventions, and to give all possible assistance andguidance to Local Unions in the furtherance of theirduties as set forth in this Article, and to carry outsuch further duties as may be assigned to it from timeto time by the International President.

SECTION 4. The duties of this Department shall beto promote fair employment practices and endeavorto eliminate discrimination affecting the welfare ofthe individual members of the Local Unions and theInternational Union, the labor movement and theAFL-CIO.

SECTION 5. Within the Department there shall beestablished the TWU Working Women’s Committee.The TWU Working Women’s Committee shall be

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composed of representatives from each division,Airline, Transit, Utility, University & Service, andRailroad. The International President shall appointthe Chairperson of the TWU Working Women’sCommittee. The TWU Working Women’s Committeeshall meet at least once a year during the Civil andHuman Rights conference to engage and educate thewomen of the TWU on issues that affect workingwomen today. The Chairperson to the TWU WorkingWomen’s Committee, along with the Director of theCivil and Human Rights Department, shall developthe program and agenda for the TWU WorkingWomen’s Committee.

SECTION 6. The Director, with the approval of thePresident, shall create constituency groups andapprove all priorities and programs.

SECTION 7. The Civil and Human RightsDepartment shall meet once a year along with allconstituency groups:• APRI—A. Philip Randolph Institute• APALA—Asian Pacific American Labor Alliance• PAW—Pride at Work• CLUW—Coalition of Labor Union Women• CBTU—Coalition of Black Trade Unionists• LCLAA—Labor Council for Latin American

Advancement• ARA—Alliance for Retired Americans• And other groups if deemed necessary.

81

Article XXXI.Retiree Organizations

The International Administrative Committee maycharter a retiree organization or organizations con-sisting of former members of the Union who retiredand who at the time of retirement were good stand-ing members of the Union. Each such organizationshall adopt appropriate by-laws, subject to theapproval of the International AdministrativeCommittee.

ARTICLE XXXIICOPE

SECTION 1. A Local Union with a Local COPE Fundmy maintain and continue that COPE Fund only ifthe Local Union enters a written agreement with theInternational Administrative Committee regarding theappropriate level of and mechanism for contributionsby the Local Union COPE Fund to the TWU CopeFund. The Local Union must enter into such anagreement within six (6) months of receiving noticefrom the International Administrative Committee thatthe Local Union must enter such an agreement. Indetermining an appropriate level of contributions bythe Local COPE fund to the TWU Cope Fund, theInternational Administrative Committee shallconsider among other things (1) the importance tothe Local Union members of contributions from theLocal COPE Fund to political candidates at the state

82

or local level, (2) the history of contributions by theLocal COPE Fund to the TWU Cope Fund, (3) theamount of funds in the Local COPE Fund and thepolitical contribution needs of the Local Union, and(4) the political contribution needs of the InternationalUnion and TWU Cope Fund.

SECTION 2. No Local COPE fund may make acontribution to a candidate for federal office withoutprior written approval of the InternationalAdministrative Committee.

ARTICLE XXXIIIAmendments

SECTION 1. This Constitution may be amended byeither of the following methods:

1. By any regular Convention, or by any SpecialConvention called specifically for such purpose, bya vote of two-thirds (2/3) of the delegates voting onthe Amendment.

By a majority of those voting in a referendum ofthe membership of the International Union. TheInternational Executive Council shall conduct such areferendum on its own motion, or if at least one-third(1/3) of the Local Unions, representing one-third(1/3) of the membership, approve the proposedamendments and request such referendum.

83

LIST OF MOTIONS WITH PECULIARCHARACTERISTIC

Things You May Do When Another MemberHas the Floor

1. Rise to a point of order, point of information, orquestion of privilege.

2. Object to the consideration of a question.

3. Move to reconsider.

Motions That Cannot Be Amended.

1. To adjourn (if the motion is to adjourn at a par-ticular time it can be amended).

2. To table, or take from the table.

3. To reconsider.

4. To call for the “previous question.”

5. To suspend the rules.

6. To object to the consideration of a question.

7. To postpone indefinitely.

Motions That Cannot Be Debated.

1. To fix a time to adjourn, or to adjourn.

2. To object to the consideration of a question.

3. To table, or to take from the table.

4. To call for the previous question.

5. To limit or extend debate.

84

6. To appeal from the decision of the chair (exceptfor chairman and member appealing).

7. To withdraw a motion.

8. To suspend the rules.

Motions That Do Not Require a Second.

1. To object to the considerations of a question.

2. To withdraw a motion.

3. To call for the division of the house on a vote.

4. To nominate a member for office.

Motions That Require a Two-Thirds Vote.

1. To suspend the rules.

2. To sustain an objection to the consideration of aquestion.

3. To rescind (except as noted in the text).

Suggested ORDER OF BUSINESS for theguidance of Local Unions.

1—Call to order by President.

2—Pledge of allegiance to the flag of the UnitedStates. (For Local Unions in the United States.)

3—Roll call of officers.

4—Reading of Minutes of previous meeting.

5—Report of Membership Committee.

85

6—Acceptance and obligation of new members.

7—Reading of communications.

8—Reading of bills or accounts by Secretary orTreasurer.

9—Executive Board report.

10—Treasurer’s report on receipts and expendi-tures.

11—Report of committees.

12—Unfinished business.

13—New business.

14—Good and welfare.

15—Adjournment.

86

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88