CONSTITUTION

of the

UNITED PAPERWORKERS

INTERNATIONAL UNION

(UPIU)

AFL-CIO & CLC

 

Adopted at a convention held in Denver, Colorado, August 9, 1972; and amended at Hollywood, Florida, October 11-15, 1976, and amended at Chicago, Illinois, August 25-29, 1980, and amended at Detroit, Michigan, September 24- 28, 1984, and amended at Las Vegas, Nevada, August 8-12, 1988, and amended at Miami Beach, Florida, September 28-October 2,1992, and amended at Las Vegas. Nevada, September 16-20, 1996.

Affiliated with American Federation of Labor and Congress of Industrial Organizations and Canadian Labour Congress.

 

 

INDEX

 

ARTICLE I NAME

ARTICLE II OBJECTS

ARTICLE III JURISDICTION

ARTICLE IV CONVENTIONS

ARTICLE V DELEGATES AND ALTERNATES

ARTICLE VI OFFICERS

ARTICLE VII INTERNATIONAL EXECUTIVE BOARD

ARTICLE VIII REVENUE

ARTICLE IX LOCAL UNIONS

ARTICLE X LOCAL UNION OFFICERS

ARTICLE XI MEMBERSHIP

ARTICLE XII DISCIPLINE, TRIALS AND APPEALS

ARTICLE XIII TRUSTEESHIPS

ARTICLE XIV STRIKES AND LOCKOUTS

ARTICLE XV COLLECTIVE BARGAINING AGREEMENTS

ARTICLE XVI PENSION FUND AND RETIREMENT

ARTICLE XVII AFFILIATION

ARTICLE XVIII CONSTITUTION AND AMENDMENTS


ARTICLE I
NAME

This organization shall be known as the United Paperworkers International Union (UPIU), hereinafter also referred to as the International Union.

ARTICLE II
OBJECTS

Section 1. The objects of this International Union shall be to unite all workers within its jurisdiction;

  1. to improve their wages, hours of work, job security and other conditions of employment;
  2. to promote their social, political, cultural and economic interests, and to encourage their participation in political activities and to urge the exercise of their responsibilities as citizens;
  3. to safeguard, protect and extend freedom, civil liberties and democracy;
  4. to strive for equality regardless of race, color, creed, sex or national origin;
  5. to engage in collective bargaining, to support stability and prosperity in industry and to maintain harmonious relations between employers and the workers represented by this International Union;
  6. to promote company and industry-wide bargaining;
  7. to organize the workers within the jurisdiction of the International Union and assist in the organization of all working people;
  8. to aid and cooperate with free trade unions everywhere and such other organizations whose purposes are in accord with and approved by this International Union, and to affiliate with and become a part of such organizations;
  9. to engage in political activities and secure beneficial legislation and obtain the defeat and repeal of harmful legislation;
  10. to protect and strengthen this International Union and to keep it free from any and all corrupt and subversive influences.

ARTICLE III
JURISDICTION

The jurisdiction of the International Union shall embrace all workers employed in and around establishments engaged in the pulp and paper industry and related industries, and such other establishments as decided by the International Executive Board.

ARTICLE IV
CONVENTIONS

Section 1. The supreme governing body of this International Union shall be its convention.

Section 2. Regular conventions shall be held every four (4) years at a time and place designated by the International Executive Board.

Section 3. Special conventions shall be called whenever authorized by at least two-thirds (2/3) of the members of the International Executive Board or by secret ballot majority vote of the members at a specially called meeting of locals which collectively represent at least 50 percent of the members of the International Union. No business shall be considered by any special convention except the business specified by the convention call.

Section 4. Conventions shall continue as determined by the delegates until adjourned sine die.

Section 5. Each local union shall be entitled to be represented at a convention by the number of delegates determined as follows:

  1. Local unions having 150 members or less shall be entitled to one (1) delegate.
  2. Local unions having 151 members or more but less than 251 members shall be entitled to two (2) delegates.
  3. Local unions having 251 members or more but less than 400 members shall be entitled to three (3) delegates.
  4. Local unions having 400 members or more but less than 700 members shall be entitled to four (4) delegates.
  5. Local unions having 700 members or more but less than 1,500 members shall be entitled to five (5) delegates.
  6. Local unions having 1,500 members or more but less than 2,500 members shall be entitled to six (6) delegates.
  7. Local unions having 2,500 members or more but less than 3,500 members shall be entitled to seven (7 delegates.
  8. Local unions having 3,500 members or more but less than 4,500 members shall be entitled to eight (8) delegates.
  9. Local unions having 4,500 members or more but less than 6,000 members shall be entitled to nine (9) delegates.
  10. Local unions having 6,000 members or more shall be entitled to ten (10) delegates.
  11. No local unions shall be entitled to more than ten (10) delegates.

Section 6. For the purpose of determining the representation of local unions at the convention, the number of members of each local union shall be deemed the average number on whom it paid per capita tax to the International Union during and for the twelve (12) month period ending December 31 of the calendar year prior to the Convention. The votes of a local union chartered within said twelve (12) month period shall be based on the average number of members on whom it paid per capita tax beginning with the first day of the month following the date of the charter to said December 31. A local union chartered after said December 31 but prior to the convention shall be entitled to one (1) delegate and one (1) vote if per capita tax has been remitted to the International Union. In no instance shall a local union in good standing be entitled to less than one (1) vote.

Section 7. The Officers of the International Union shall be entitled to attend the convention and exercise all of the rights and privileges of delegates by virtue of their office and each shall be entitled to cast one (1) vote on all issues.

Section 8. All International Union Officers who retire in service with this International Union or its predecessor organizations may attend all International Union conventions and their expenses in connection therewith shall be paid by the International Union from the Convention Fund.

The provisions of this section will not apply to Union Officers who have been found guilty of charges of misconduct of office by the Executive Board or a court of law and subsequently removed from office by the Executive Board.

Section 9. The Secretary-Treasurer at the direction of the President, shall issue a convention call to all local unions, International Officers and International Representatives and Organizers, setting forth the time and place at which the convention will convene not less than one hundred and twenty (120) days prior to the date fixed for the convention, if a regular convention, and not less than thirty (30) days prior to the date fixed for the convention, if a special convention.

The notice of regular conventions shall contain a provision that local unions must submit proposed resolutions, including proposed amendments to the Constitution, for consideration of the convention by transmitting them to the President not less than sixty (60) days prior to the opening date of the convention, authenticated by the signature of the President and the Recording Secretary and the seal of the local union.

At the time that the Secretary-Treasurer issues the convention call he shall notify all local unions as to the number of delegates to which they are entitled according to the per capita tax remitted as shown by the books of the International Union. Re shall also supply each local union with credential forms in duplicate for its delegates. The President and the Recording Secretary of the local union shall sign the original and duplicate credential for each delegate elected by the local union and affix the seal of the local union thereto. The original credential shall be given to each elected delegate, the duplicate shall be forwarded by the local union to the International Secretary-Treasurer at least thirty (30) days before the opening date of the convention. The original credential shall be delivered to the convention or its appropriate designated committee by each respective delegate.

Section 10. A majority of the delegates in attendance at a convention shall constitute a quorum for the transaction of business, but no action of the convention shall be held invalid for lack of a quorum unless the question of the presence of a quorum is raised before such action is finally taken. Unless otherwise specified in this Constitution, all decisions of the convention shall be by a majority of the votes cast on the question.

On roll call votes, each local union shall be entitled to one (1) vote for each of its ten (10) members, as determined in accordance with Section 6. These votes shall be divided among the delegates in attendance from each local union when there is more than one (1) delegate in attendance. In the event a local union has only one (1) delegate at the convention, that delegate shall cast all votes on behalf of his local union.

Section 11. Prior to the opening of the convention, the President shall appoint and convene such committees as may be necessary for the conduct of the business of the convention. A majority of a committee appointed at a convention shall constitute a quorum for the transaction of business. All reports of committees shall be presented in writing and signed by the members offering same.

Section 12. All convention arrangements shall be made by the Secretary-Treasurer. Such arrangements shall be subject to the review and approval of the International President and the International Executive Board.

Section 13. No local union shall be entitled to representation at the convention which is two months or more in arrears in the payment of per capita tax or assessments at the time of the opening of the convention.

Section 14. The convention shall be conducted in accordance with the provisions of this Constitution and such rules as may be adopted by the convention. Roberts Rules of Order shall govern where no constitutional or convention rule is applicable.

Section 15. No resolution or proposed amendment of this Constitution shall be considered by the convention unless submitted to the International President by a local union in good standing at least sixty (60) days prior to the date of the opening of the convention and bears the signature of the President and Recording Secretary of the local union and its seal, or is submitted by the International Executive Board. The convention may waive the requirements of this provision and consider a resolution or proposed constitutional amendment submitted late by a local union upon a two-thirds (2/3) affirmative vote of the votes cast on the question.

Resolutions or proposed amendments submitted within the time limitations shall be printed in convenient form and numbered. All local unions shall be sent a copy of the resolutions submitted to the International President at least thirty (30) days prior to the convention. Copies of resolutions or proposed amendments referred to the Convention Constitution or Resolutions Committee shall be mailed to the members thereof no less than seven (7) days prior to the convening of said committees.

ARTICLE V
DELEGATES AND ALTERNATES

Section 1. The Secretary-Treasurer shall prepare a record of the delegates for whom duplicate credentials have been submitted to the convention for its approval. In the event that the right of any delegate to be seated at the convention is challenged, the question shall be submitted to the convention for decision and the challenged delegate may not vote until seated by the convention.

Section 2. No person shall be eligible to serve as a delegate or alternate unless he has been a member in continuous good standing of the local union which elected him for at least one (1) year immediately preceding the date of the convention, except in instances in which he is a member of a local union which has been chartered for less than one (1) year. In the latter case, to be eligible to serve as a delegate or alternate, he shall be a member of the local union in good standing.

Section 3. Each local union shall elect the convention delegates to which it is entitled. It may also elect alternate delegates to the convention in an amount not in excess of the number of delegates to which it may be entitled. The local union shall designate the alternate to replace a delegate. An alternate may exercise all of the rights of a delegate in the absence from the convention of such delegate after being seated by the convention. Delegates and alternates shall be elected in a secret ballot election of the members of each local union and in conducting such election all applicable laws shall be observed; provided, however, that a Local Unions bylaws may provide that one or more of the executive officers of the local shall automatically become delegates or alternates by virtue of the office to which they are elected.

Section 4. The expenses of delegates and alternates to the convention shall be borne by the local union which they represent, except that the International Union shall pay such expenses as are provided in Section 5. The local unions shall pay the expenses of International Representatives or Organizers who are elected as delegates or alternates by the said local unions. The International Union shall reimburse delegates serving on a convention committee convening prior to the opening of the convention for lost time and expenses in an amount approved by the International Executive Board.

Section 5. The Secretary-Treasurer shall deposit the sum of twenty six (26) cents from each per capita tax payment received in a special fund to be known as the Convention Fund. Commencing January 1, 1992, and each year thereafter, said twenty six (26) cents from each per capita tax payment shall increase annually in an amount equal to the annual average wage increase negotiated by the union for the membership in their collective bargaining agreement in accordance with Article VIII, Section 2 aforementioned. The monies in said Convention Fund shall be disbursed as follows:

  1. One delegate from each local union shall be paid a mileage allowance equal to the distance (one way) in miles between the convention city and the city where the local union is located at the rate of thirty (30) cents per mile or coach class air fare. He shall also receive a daily hotel and meal allowance in an amount and for a period determined by the International Executive Board. A second delegate from each local union which is entitled to more than one delegate shall receive the same mileage and hotel allowance when he attends the Convention. The distance in miles between the location of the local union and the Convention city shall be determined by the use of figures computed by a reputable map company such as Rand McNally, AAA, or by some other such authentic published mileage guide or method which is approved by the International Executive Board.
  2. The amount shall be paid to the local union after the convention unless the local union requests in writing that payment should be made directly to its designated delegate. In that event, the delegate shall receive payment directly. The local union shall provide the selected delegate with a Convention Fund Certificate which will be supplied to the local union by the Secretary-Treasurer. The delegate shall present this Convention Fund Certificate bearing his name with his credential to the convention or its duly designated committee and shall receive payment prior to convention adjournment provided he is seated as a delegate.
  3. Necessary expenses incurred for the conduct of the Convention, such as convention publications, supplies, printing materials, banquet charges, and other incidental expenses shall also be paid from the Convention Fund.

ARTICLE VI
OFFICERS

Section 1. The International Union shall have the following officers: an International President, an International Secretary-Treasurer, and International Vice-Presidents.

Section 2. No person shall be eligible for nomination or election as an International Union Officer unless he shall have been a member of the International Union in continuous good standing for a period of not less than five (5) years immediately preceding the Convention.

Section 3. Election of International administrative officers, the President and Secretary-Treasurer, shall be by majority vote in conventions. In the event of any vacancies in the International Administrative Offices, such vacancies shall be filled by the Executive Board, in the interim of conventions.

Section 4. The Vice-President/Regional Directors shall be nominated and elected by a majority of votes cast in their respective regions by a roll call vote, in the regions that have been established. If there is no opposition, a roll call vote shall not be necessary.

In the event of the death, removal, resignation or promotion of any Vice-President/Regional Director, then the International Executive Board shall within ninety (90) days call a Special Convention for the Region in which the vacancy occurs. Representation shall be in accordance with Article IV entitled Conventions, and the elections shall take place under the rules and regulations as provided for hereinabove.

Section 5. That Region Divisions and Regional Directors referred to hereinafter, shall be more specifically described as Region Divisions and Directors as follows:

 

REGION DIVISIONS AND DIRECTORS

Region I

Region IV

Maine

Maryland

Vermont

District of Columbia

New Hampshire

Virginia

Massachusetts

North Carolina

Connecticut

Rhode Island

Region II

Region V

New York State

Georgia

New Jersey

Florida

North of Rt.22

Alabama

South Carolina

Region III

Region VI

Pennsylvania

Mississippi

New Jersey

Louisiana

South of Rt.22

Texas

Delaware

New Mexico

Region VII

Region X

Tennessee

Wisconsin

Arkansas

Minnesota

Oklahoma

Upper Michigan

Missouri

Iowa

Kansas

North Dakota

Nebraska

Canada

Colorado

South Dakota

Region VIII

Region XI

Ohio

California

Kentucky

Nevada

West Virginia

Utah

Arizona

Alaska

Washington

Region IX

Oregon

Lower Michigan

Idaho

Illinois

Montana

Indiana

Wyoming

Hawaii

Section 5a. In the event of significant growth of membership in Canada through new organization, affiliations of Local Unions or merger of labor organizations with the United Paperworkers International Union, the President may then appoint a Canadian Director to direct and administer the affairs of the Canadian Local Unions until such time as a Constitutional Convention may reestablish a Canadian Region or Regions. The Canadian Director shall hold membership in one of the Canadian Local Unions.

Section 6. Each regular Convention shall elect the International Union Officers, who shall take an oath and assume office immediately after their election and who, except as otherwise provided by this Constitution, shall hold office until their successor is elected.

OATH OF OFFICE:

"Do you solemnly pledge your word of honor in the presence of this Convention, that you will, to the best of your ability, uphold the Constitution of this International Union and discharge all the duties incumbent upon you as an officer of the United Paperworkers International Union?"

Upon affirmation, the President shall immediately assume office. In the absence of a retiring President the obligation shall be administered by a senior Vice-President immediately after the election of the President. The President shall thereafter administer this obligation to the various elected and appointed officials before they shall enter upon their respective duties.

DUTIES OF PRESIDENT

Section 7. The International President shall be the principal Executive Officer of this International Union. He shall preside at all conventions and meetings of the International Executive Board. All other officers of the International Union shall be responsible

to him for the full performance of their duties and he shall assign duties, responsibilities, and authority to the other Officers as may be required in serving the best interests and furthering the program and policies of the International Union.

Section 8. The President may employ, fix the salaries of, assign, lay off and discharge such Representatives, Organizers, administrators, professional, technical, clerical and custodial employees, and such other employees as may be required. The compensation of International Representatives or Organizers employed full-time by the International Union shall, both as to maximum and minimum rates, be approved by the International Executive Board. Such employees shall serve under the President's supervision and direction, except as may otherwise be assigned by him. The provisions of this Constitution relating to discipline, trials, hearings and appeals shall not be applicable to matters covered by this Section.

All permanent job openings must be advertised in the union newspaper and UPIU members will be given first consideration, if capable, and any hiring of new permanent employees shall require approval of the International Executive Board.

Section 9. The President shall determine any and all questions as to the application, interpretation and construction of the provisions of this Constitution, or of parliamentary procedure or law, or of rules of order.

Section 10. The President shall direct and supervise all organizational functions of the International Union. He or his authorized representative may call meetings of any constituent local union, its Executive Board or any of its committees. He or his authorized representative may attend meetings of all boards and committees of the International Union or any of its locals as an ex officio member thereof.

Section 11. The President shall authorize such expenditures as may be required to conduct the affairs of the International Union, except as may otherwise be provided by the International Executive Board. He shall sign all checks drawn on the accounts of the International Union.

Section 12. He may appoint committees not otherwise provided for by this Constitution.

Section 13. Re shall have the power to authorize a representative designated by him to audit the books, records and accounts of any local union or to engage an accountant for that purpose.

Section 14. He shall authorize and sign charters to local unions upon appropriate application, subject to approval by the International Executive Board at or before the meeting at which the International Executive Board is advised of the issuance of the charter.

Section 15. He may assign any duty committed to him by this Constitution to any other International Union Officer. He shall perform such other duties as may be necessary to protect and advance the interests of the International Union. He shall submit a report of his activities to each regular convention and to each meeting of the International Executive Board.

Section 16. The decisions and actions of the President, authorized by this Constitution, shall be binding on all officers, members and employees of the International Union; however, all such decisions and actions shall be subject to approval by the International Executive Board. All officers, members and employees shall abide by the decisions and actions of the President, which are authorized by this Constitution, until such decisions or actions are approved or set aside by the International Executive Board.

Section 17. The President shall receive a salary of One Hundred Forty-Eight Thousand, One Hundred Eighty-Three Dollars and Twenty Cents ($148,183.20) annually during his term of office and for thirty (30) days thereafter on a pro rata basis.

DUTIES OF INTERNATIONAL SECRETARY-TREASURER

Section 18. The International Secretary-Treasurer shall keep the records of Conventions, minutes of the International Executive Board, and other records of the International Union. He shall conduct correspondence pertinent to his office. He shall furnish affiliated local unions with supplies at cost; including charters, books, blanks, seals and other standard supplies. He shall issue charters when properly applied for, and countersigned by the International-President. He shall employ such assistance as shall be deemed necessary by the International Executive Board. He shall be Secretary of Conventions, and perform such other duties as may be required by law.

He shall act as financial officer of the International Union, receive the income of the International Union and deposit all funds of the International Union in its name in depositories and in conjunction with the President invest such funds. Such depositories and investments shall be subject to approval by the International Executive Board.

He shall have custody of the financial books, records and documents of the International Union and shall keep correct account of all financial transactions of the International Union. He shall countersign all checks drawn on the International Union.

He shall procure all printing, supplies and materials required in the conduct of the business of the International Union.

He shall instruct local unions as to the manner in which they shall keep their records and accounts and may require them to submit periodic reports to him containing such information as the International Executive Board may prescribe.

He shall have the authority to approve or disapprove all drafts drawn on him by the proper officers and take receipt for same, and shall make all other authorized payments for expenses incidental to the work of the International Union. If the Secretary-Treasurer disapproves a draft drawn on him, it shall be submitted to the International Executive Board for their approval or disapproval.

He shall submit a detailed financial statement and a report of his activities to each regular convention and to each meeting of the International Executive Board, and his determinations and his decisions shall be subject to their approval. He shall submit a monthly report to the President.

The International Secretary-Treasurer shall receive a salary of Ninety Eight Thousand, Seven Hundred Ninety Dollars and No Cents ($98,790.00) annually during his term of office and pro rata for thirty (30) days thereafter.

DUTIES OF INTERNATIONAL VICE-PRESIDENTS

Section 19. International Vice-Presidents shall assist the President in carrying out the program and policies of the International Union. They shall serve as Regional Directors or in other departments and programs of the International Union. They shall be responsible for the conduct of the administrative affairs and policies of the Union in such capacities, and shall receive from the President such authority and assistance as may be necessary to efficiently perform their duties. They shall receive a salary of Eighty One Thousand, Five Hundred One Dollars and Twelve Cents ($81,501.12) annually during their term of office and pro rata for thirty (30) days thereafter.

ARTICLE VII
INTERNATIONAL EXECUTIVE BOARD

Section 1. There shall be an International Executive Board composed of the officers of the International Union.

Section 2. The International Executive Board shall execute the decisions of the convention and shall be the highest authority and supreme governing body of the International Union between conventions. It shall have general supervision over the affairs and properties of the International Union. It shall have authority to make rulings and adopt policies not covered by this Constitution or convention decision but which shall not be inconsistent with the provisions of the Constitution.

Section 3. The International Executive Board shall have the power to approve the expenditure, investment, management and use of the funds and property of the International Union, not only for the purposes and objectives expressly set forth in this Constitution but for such additional purposes and objectives as may be set forth in the resolutions and programs adopted and/or ratified by a convention or which the International Executive Board believes will further the general interest and welfare of objectives of this International Union.

Section 4. The International Executive Board shall have the power to borrow money and, as security, to pledge or mortgage any property of the International Union; to make guarantees, to buy, sell, exchange, rent, lease or otherwise acquire or dispose of real or personal property.

Section 5. The International Executive Board may amend the charter of jurisdiction of any local union after notice and hearing. It may dissolve or withdraw the charter of any local union after notice and hearing where the local union is composed of employees of one establishment and this establishment ceases operations completely or in substantial part, or where the local union ceases to be the bargaining representative of the employees.

Section 6. The International Executive Board may designate delegates and representatives of this International Union to conventions, conferences and meetings at which the International Union is entitled to representation.

Section 7. The International Executive Board shall have the right to exonerate from payment of per capita tax and dues, local unions and members involved in an authorized strike or a lockout or for any other reason deemed valid by it, notwithstanding any other provisions of this Constitution to the contrary.

Section 8a. The International Executive Board shall determine the expenses, allowances and fringe benefits such as pension, severance pay, insurance, vacations and holidays which will be provided to International Union Officers, Representatives, Organizers and other employees in such amounts and extent and pursuant to such conditions and circumstances as it may deem necessary or appropriate, except as may otherwise be provided herein.

b. Salaries of International Officers, International Representatives and staff shall be increased annually based on the annual average wage increase negotiated by the union for the membership in their collective bargaining agreements. The United Paperworkers International Union Research and Education Department shall make such computation in the month of October for the preceding twelve (12) month period commencing with the month of October 1995 and for the succeeding twelve (12) months to October 1, 1996, and for each succeeding twelve (12) month period thereafter. The increase will become effective January 1, 1997, and each January thereafter.

Section 9. The International Executive Board shall submit a written report of its activities to each regular convention for its approval.

Section 10. Each Officer, employee or Representative of the International Union charged with the handling or safeguarding of funds, shall, before entering upon his duties, be bonded in an amount fixed by the International Executive Board. The premiums of such bonds shall be paid by the International Union.

Section 11. The International Executive Board shall meet at the call of the President or a majority of the members of the International Executive Board. The International Executive Board shall be convened at least two (2) times each year. A majority of the members of the International Executive Board shall constitute a quorum for the transaction of business at any meeting and its decisions shall be by a majority of the votes cast by those present and voting. It may act without meeting by the written approval of a majority of its members upon any matter or question presented 10 each of its members for action by the President.

Section 12. The International Executive Board shall engage a certified public accountant to audit the books and financial records of the International Union at the end of the fiscal year and submit a written report thereon to it. This report shall be distributed to all local unions.

Section 13. The International Executive Board shall establish and elect an Audit Committee comprised of three members of the International Executive Board to audit the books and financial records of the International Union and to submit reports thereon to the International Executive Board at its semi-annual meetings and shall submit a further report to the International Convention. The International Executive Board may replace any member of the Audit Committee when it deems necessary.

ARTICLE VIII
REVENUE

Section 1. The initiation fee for membership in a local union of the International Union shall be such sum as may be fixed by the local union but shall not be less than ten dollars ($10) or more than one hundred twenty-five dollars ($125). Each local union shall pay the International Union one dollar ($1) out of the initiation fee collected from each member. The International President shall have the power to waive the payment of initiation fees for newly formed local unions, for members of newly organized establishments, or under special circumstances.

Section 2. Each local union shall fix the dues of its members, which shall be payable in advance monthly. Commencing January 1, 1982, local union dues shall be increased annually in an amount equal to the annual average wage increase (on a percentage basis) negotiated throughout the International Union for the membership in their Collective Bargaining Agreements. The minimum dues shall be increased annually on the same basis.

The United Paperworkers International Union Research and Education Department shall make such computation in the month of October for the preceding twelve (12) month period commencing with the month of October 1980 and for the succeeding twelve (12) months to October 1, 1981, and for each succeeding twelve (12) month period thereafter. The first increase will become effective January 1, 1982, and each January thereafter. Commencing January 1, 1997, local union minimum dues shall not be less than $20.53 for each member per month.

The foregoing amounts shall be increased by twenty-five cents ($.25) per member, per month effective January 1, 1997, January 1, 1998, January 1, 1999 and January 1, 2000, with such amounts to be added to the $1.00 per month per member from monthly dues allocated to the Defense Fund as of September, 1996.

Section 3. Effective January 1, 1997, each local union shall pay the International Union per capita tax of eleven dollars and forty eight cents ($11.48) for each member per month. Commencing with January 1, 1998, the per capita tax each local union shall pay per member monthly shall be increased annually by an amount equal to fifty percent (50%) of the minimum dues increase as provided for under Article VIII, Section 2 above. The total per capita tax due must be forwarded by each local union to the International Secretary-Treasurer on or before the third Monday of each month for the preceding month.

The foregoing amounts shall be increased by twenty-five cents ($.25) per member, per month effective January 1, 1997, January 1, 1998, January 1, 1999 and January 1, 2000, with such amounts to he added to the $1.00 per month pre member from monthly dues allocated to the Defense Fund as of September, 1996.

Section 4. Members who permanently retire shall be exempt from the payment of regular dues and assessments, but shall not have a vote at union meetings or be eligible to hold office. Local unions shall keep records of all members who have been exempt from payment of dues and assessments in accordance with this section.

Section 5a. The International Union may levy a per capita assessment, in addition to dues, upon the membership, provided that the amount and method of payment of such assessment has been approved:

  1. by majority vote of the delegates at a regular or special convention, or
  2. by a majority vote of the members in good standing voting in a membership referendum.

b) A local union may levy a per capita assessment, in addition to dues, upon its membership, provided that the amount and method of payment of such assessment has been approved:

  1. by a majority vote by secret ballot of its members in good standing at a regular or special meeting after reasonable notice of the intention to vote upon such question and in accordance with such further procedure as the local union shall require by its bylaws or otherwise, or
  2. by a majority vote of the members in good standing voting in a membership referendum conducted by secret ballot in accordance with such further procedure as the local union shall require by its bylaws or otherwise.

Section 6. The payment of initiation fees, dues and assessments by members and any authorized exemption from such payments shall be evidenced by appropriate records maintained in a manner prescribed by the International Secretary-Treasurer and approved by the International President and the International Executive Board. Any member who receives less than a total of forty (40) hours pay from wages, holiday pay and vacation pay in any month will be eligible for such exemption for such month.

Section 7. Notwithstanding anything in this Constitution to the contrary, the International President may, upon not less than thirty (30) days written notice, suspend a local union which fails to pay any initiation fee, per capita tax, or assessment due to the International Union within thirty (30) days after it becomes due. No local union shall be entitled to representation or other benefits in the International Union during the period of its suspension. Notwithstanding anything in this Constitution to the contrary, the International Executive Board may thereafter expel the local union from the International Union. The actions of the International President and the International Executive Board shall be subject to appeal as provided in Article XII. The charter of an expelled local union may be reinstated by the International Executive Board upon such conditions as it may fix.

Section 8. All office supplies shall be issued by the International Union and provided to local unions at uniform cost.

ARTICLE IX
LOCAL UNIONS

Section 1. Seven (7) or more persons qualified for membership in this International Union may apply for a local union charter and upon receipt of the charter shall constitute a local union of the United Paperworkers International Union.

Section 2. Applications for charters shall be made the President. There shall be no fee for a charter. A charter kit shall be supplied for a fee of twenty-five dollars ($25). The President may issue and supply a charter to the applicants containing such provisions as may be prescribed by the International Executive Board.

Section 3. Local unions shall adopt bylaws, rules and regulations for their government which shall not conflict with the provisions of this Constitution and which shall be subject to the approval of the International President. In the event of a conflict between bylaws of a local union and this Constitution, the Constitution shall be controlling. Until such time as a local union shall adopt its own bylaws, it shall be governed by the applicable provisions of this Constitution.

Section 4. Each local union shall meet monthly, unless otherwise specified in the local union bylaws, but in no event less than four times a year. Special meetings may be called by the International President, or his authorized representative. International Union Officers and representatives may attend any meeting of a local union, its Executive Board, or a committee thereof with a voice but no vote.

Section 5. No local union, its officers, agents or representatives, nor the Officers, Agents or Representatives of the International Union shall have the power or authority to make any contract or incur any liability binding on the International Union without the written consent of the Inter national President and the approval of the International Executive Board.

Section 6. No local union may withdraw or secede from the International Union. If any local union or any of the officers or members thereof shall attempt to withdraw or secede or shall sponsor a movement to withdraw or secede, the International Executive Board, or between its meetings the International President may forthwith and without hearing suspend the officers of such local union and the autonomy thereof and appoint a temporary trustee to take immediate possession of all property of such local union and to manage and conserve the same and conduct the necessary affairs of such local union.

Section 7. All books, records, funds and property in the possession of or subject to the control of a local union (which dissolves, withdraws or disaffiliates), including dues, fees, and assessments received from its members whether or not held in the name of a corporation, trustees, or other nominees, shall be and remain the property of the International Union on behalf of all of its members. The funds and property in the possession of or under the control of a local union may be used and expended by it in fulfillment of the purposes and objectives of the organization as set forth in this Constitution. Such funds and property shall not be liquidated or disposed of, in whole or in part, by dividing it among the members, directly or indirectly, or by expending or diverting it in any manner for purposes or objectives not set forth in this Constitution. In the event that the membership of any local union falls below seven (7) or that a local union is dissolved, withdraws, disaffiliates or is expelled from the International Union, the possession of all the books, records, funds and property of such local union shall be delivered forthwith to the International President or his authorized representative.

Section 8. No funds or property of any local union shall be directly or indirectly loaned, given, or expended to assist any seceding, dual or antagonistic organization, or to any local union of this International Union which is in violation of this Constitution. No funds or property of any local union shall be loaned, given or expended to promote, support, endorse, assist or oppose directly or indirectly, the candidacy of a member seeking office or seeking to retain office in the International Union or any of its local unions.

Section 9. No appeal for financial aid by any local union shall be considered legal unless approved by the International President.

ARTICLE X
LOCAL UNION OFFICERS

Section 1. The officers of a local union shall consist of a President, Vice-President(s), Recording and Corresponding Secretary, Financial Secretary, Treasurer, Guard(s), and three (3) trustees. A local union may also have a Business Manager and/or Business Agent(s). Local unions may combine the office of Recording Secretary and Treasurer, and Business Manager and Business Agent with any other office. They may also combine the office of Financial Secretary and Treasurer. Any other combination, addition or elimination of local union office must receive the prior approval of the International President.

Section 2. Each local union shall have an Executive Board consisting of the officers and such additional members as the local union bylaws may provide.

Section 3. All local union officers and members of the Executive Board shall be elected at least every three (3) years and shall hold office until their successors arc elected and installed. Regular elections for full terms of all local union officers and Executive Board members shall be conducted by secret ballot and in compliance with applicable laws. Proxy, write-in or sticker votes shall not be counted.

Section 4. At least fifteen (15) days notice shall be given by mail to all members in good standing in regular union elections for local union officers, Executive Board members and International Union convention delegates and alternates.

Section 5. No person shall be eligible for office in any local union until he has been a member of the International Union in good standing continuously for at least one (1) year immediately preceding his nomination and election, unless he is a member of a local union which has been chartered for less than one (1) year.

Section 6. Unless otherwise provided by the bylaws, the local union President shall preside at all meetings of the local union and its Executive Board. He shall sign all checks or other authorizations for the withdrawal of the funds of the local union. Unless the local union shall provide otherwise and subject to the approval of the local union Executive Board, he shall appoint and be an ex officio member of all local union committees. He shall enforce this Constitution, local union bylaws and all union rules and regulations.

Section 7. Unless otherwise provided by the bylaws, the Vice-President(s) of the local union shall assist the President in the performance of his duties. The sole Vice-President or the First Vice-President shall act for the President in his absence and in the event of a vacancy in the office of President, shall succeed to the office of President for the unexpired term.

Section 8. Unless otherwise provided by the bylaws, the Recording and Corresponding Secretary of the local union shall keep correct minutes of all meetings of the local union and its Executive Board, conduct all correspondence of the local union, receive and read all correspondence addressed to the local union and keep such correspondence on file, and have charge of the seal of the local union, which he shall insure is used only as authorized and shall attach same to all documents requiring authentication. He shall submit such reports and information to the International President as the International President may require.

Section 9. Unless otherwise provided by the bylaws, the Financial Secretary of the local union shall collect all monies paid to the local union, including membership dues, fines and assessments, and deliver same to the Treasurer of the local union. He shall keep true and accurate accounts of all his transactions as Financial Secretary, and shall make reports thereon to the local union and its Executive Board. He shall keep a record of the names and addresses of all members of the local union and their status. He shall also submit a written report of the finances and the membership of the local union to the International Union in such manner and at such times as the International President or Secretary-Treasurer may require. On demand of the International President, he shall make all of his books and records available for examination and audit.

Section 10. Unless otherwise provided by the bylaws, the local union Treasurer shall receive all monies from the Financial Secretary and all other securities, funds and other valuables of the local union and shall deposit same in the name of the local union in such bank or banks as the local union Executive Board may direct. He shall countersign all checks or other authorizations for the removal of the funds of the local union.

Section 11. Unless otherwise provided by the bylaws, the Guard(s) shall attend the meetings of the local union and the Executive Board, guard the door, see that all persons present are qualified to remain at the meetings, preserve order and decorum, and perform such other duties as are usual to the office.

Section 12. The Trustees of the local union shall:

  1. Examine and audit the books and records of the local union at least every three (3) months and shall submit a written report on each audit to the local union within thirty (30) days following the close of each quarter. An annual Financial Report must be submitted to the International Secretary-Treasurer within ninety (90) days of the end of the local unions fiscal year.
  2. Have such further powers and duties as may be provided by the local union bylaws.

Section 13. A local union may establish and maintain the offices of Business Manager and Business Agent(s) and prescribe such duties, authority, and responsibilities to such office as it may deem appropriate.

Section 14. Before entering upon his duties the Financial Secretary and the Treasurer and every other local union officer, employee or representative charged with the handling or safeguarding of funds or other property shall be bonded in an amount required by law. The International President may require the amount of such bond to be increased, or the form and/or nature of the bond changed whenever in his judgment it is insufficient or is required by law. The premium on such bonds shall be paid by the local union but shall be secured by the International Union on behalf of the local union.

Section 15. All local union officers shall deliver all books, records, funds and property of the local union to their successors in office.

Section 16. No funds, monies, or other property of a local union shall be withdrawn from bank accounts, savings accounts (and safe deposit boxes) or other depositories or shall be disbursed or transferred unless two (2) or more officers, committee members, or other persons authorized to do so shall sign the bank withdrawal slips, checks or other necessary documents or authorizations.

Section 17. All new officers, before being admitted to fill the different offices of a local union, shall subscribe to the following obligation:

"I, , do solemnly pledge my word of honor in the presence of this meeting that I will uphold and defend the Constitution of the United Paperworkers International Union and the Bylaws of my local union. I further solemnly pledge that I will, to the best of my ability, discharge all the duties incumbent upon me as an officer of a local union of the United Paperworkers International Union and will deliver to my successor in office, all books, records, papers, and property of my union, which are in my possession at the close of my official term."

ARTICLE XI
MEMBERSHIP

Section 1. Except as herein otherwise provided, any person employed within the jurisdiction of this International Union may apply for membership.

Section 2. No person shall be admitted to membership or be qualified to continue his membership if he is not employed or seeking employment within the jurisdiction of the union; provided, however, that a member who permanently retires may continue his membership pursuant to Article VIII, Section 4; and further provided that International Officers, Representatives and Organizers shall be members in the International Union.

Section 3. No member who has been suspended or expelled shall be eligible for membership in any local union without the consent of the International Executive Board.

Section 4. Unless the local union provides a shorter period:

  1. Any member who is two (2) months or more in arrears in the payment of dues, fines or assessments shall be subject to summary suspension from all rights and privileges of membership notwithstanding any other provision of this Constitution to the contrary.
  2. Any member who is three (3) months or more in arrears in the payment of dues, fines or assessments shall be automatically suspended and dropped from the rolls notwithstanding any other provision of this Constitution to the contrary.
  3. The provisions of this Section shall not be construed to relieve any member of his obligation to make payment of monthly dues as a condition of employment under the terms of a valid union security clause in any applicable collective bargaining agreement.

Section 5a. A member who has been suspended or expelled for nonpayment of dues, fines or assessments may be reinstated only upon payment of a new initiation fee and all unpaid dues at the time of his suspension or expulsion.

b) A member who has been expelled for nonpayment of fines or assessments shall be afforded a hearing before the Executive Board of a local union upon the written request of such member and he shall have the right to appeal from any decision rendered in the manner provided in Article XII.

Section 6. Any member in good standing in this International Union, or in any other labor organization affiliated with the AFL-CIO or CLC which provides the same privilege, may transfer his membership from his local union to another local of this International. Union without the payment of an initiation fee provided he presents evidence of a transfer or withdrawal from his local union and is eligible for membership.

Section 7. Any paid-up member who is not under charges may withdraw from membership upon leaving employment within the jurisdiction of the International Union. A withdrawal card shall be issued to such withdrawing member and he shall thereupon lose all rights and privileges of membership and shall be exempt from the payment of further dues and assessments. A member may be reinstated to membership, without payment of an initiation fee or any break in his membership standing, upon presentation of his withdrawal card to the local union in which he seeks membership.

Section 8. Any paid-up member which is not under charges may obtain a transfer card. A member who receives a transfer card shall lose all rights and privileges of membership in the local union which issued the transfer card. A transfer card shall not be valid in this International Union beyond a period of three (3) months from the date of issue.

Section 9. The International Union shall issue transfer and withdrawal cards which shall be furnished to local unions at uniform costs to be issued to members in good standing upon proper application.

Section 10. All new members, before being admitted to full membership, shall subscribe to the following obligation:

"I, , pledge my honor to faithfully observe the Constitution and laws of this Union; to comply with all the rules and regulations for the government thereof; not to divulge or make known any private proceedings of this Union; to faithfully perform all the duties assigned to me to the best of my ability and skill; that I will not wrong a member, or see him wronged, if in my power to prevent; to so conduct myself at all times as not to bring reproach upon my Union, and at all times to bear true and faithful allegiance to the United Paperworkers International Union."

ARTICLE XII
DISCIPLINE, TRIALS AND APPEALS

Section 1. a) The term discipline when used in this Article, shall include, without limitation, a reasonable fine, suspension or removal from office, disqualification to run for office, or suspension or expulsion from membership.

b) Any member of the International Union who engaged in any of the following conduct shall be subject to discipline:

  1. Violation of any provision of the International Constitution or the bylaws of his local union;
  2. Refusal to abide by the decisions and policies established by the President or the Executive Board of the International Union or by his local union;
  3. Activities detrimental to the welfare of the International Union. Activities "detrimental to the welfare of the International Union" shall include, but not be limited to, crossing a picket line sanctioned by the International Union or the local union in which the member holds (or in the case of a former member, held) his membership.
  4. Whenever a local union of United Paperworkers International Union is engaged in a strike, no member of the United Paperworkers International Union will fill a salaried position so that salaried personnel can cover the jobs of striking members at other locations. This shall also apply where members of United Paperworkers International Union move up to salaried positions so that salaried personnel can cover jobs of striking workers at other locations whether the other workers on strike are members of the United Paperworkers International Union or not.

Section 2. Except in cases involving nonpayment of periodic dues, no member shall be disciplined unless written, specific charges have been filed by a member in good standing, a copy of the charges delivered to the accused member or mailed to the member at his last known address and a reasonable period of time afforded the accused member within which to prepare his defense.

Section 3. Except as otherwise provided in this Article, all charges shall be filed with the Recording Secretary of the local union in which the accused member holds (or former member, held) his membership. Promptly upon receipt of such charges, the Recording Secretary shall cause to be delivered or mailed a copy of the charges to the accused member and, if in the opinion of the local union Executive Board a trial should be held, the Recording Secretary shall advise both the member filing the charges and the member against whom the charges are filed of the time, date and place of the trial. Except for good cause shown, the trial shall proceed notwithstanding the absence of the member filing the charges or the absence of the member against whom the charges have been filed. The Executive Board of the local union shall constitute the Trial Board unless the local union bylaws provide for a separately elected Trial Board. If the local union Executive Board refuses to approve the holding of a trial, their decision shall be subject to review by: first, the local union membership; second, the International Executive Board; and finally the International Convention.

Section 4. The Trial Board shall maintain an accurate record (which need not be a word-for-word transcript) of the evidence presented and shall allow an opportunity for the examination and cross-examination of witnesses. Witnesses need not be sworn under penalty of perjury. The Trial Board shall base its decision on evidence presented at the trial and upon the conclusion of the hearing shall promptly notify the parties to the hearing and the Recording Secretary of the local of its decision. The decisions of the Trial Board shall be appealable to the membership at the next regular meeting of the local union provided that there are at least seven (7) calendar days between the time the parties are notified of the Trial Board's decision and the date of such meeting. If less than seven days remain, the appeal (if any) shall be decided at the next following regular meeting. Appeals from the decision of the local union shall be filed with the International Executive Board. Upon the filing of an appeal with the International Executive Board, the local union shall immediately forward a true copy of the complete trial record to the International Executive Board who, in turn, shall promptly rule on the appeal. In considering appeals, the International Executive Board shall be free to utilize the services of technical or professional assistants. Decisions of the International Executive Board shall be subject to review by the delegates at the next regular Constitutional Convention.

Section 5. Charges against an International Officer or permanent staff representative shall be filed with the International Secretary-Treasurer and if, in the opinion of the International President or the International Executive Board a trial should be held, the trial shall be conducted by the International Executive Board. The International Executive Board shall have the right to direct that the trial will be conducted by a panel appointed pursuant to Section 8 of this Article. The requirements of this Constitution relating to notice, conduct of hearings, and convention review which are applicable to local union trials, shall also be applicable to trials conducted by the International Executive Board.

Section 6. At the request of any party to a local union Trial Board proceeding, or at the request of the local union, the International Executive Board shall have the right to suspend local union Trial Board proceedings and appoint a Trial Panel of one or more International Union Officers or Representatives to conduct the trial. Decisions of the specially appointed Trial Panel shall be appealable to the International Executive Board.

Section 7. Whenever charges have been filed against a local union officer alleging the existence of a situation which potentially endangers the institutional interest of the local or International Union, the International President shall have the following powers which may be exercised prior to a hearing or decision on such charges:

  1. Summarily to suspend the accused local union officer.
  2. To appoint a temporary officer who shall supersede and have all the powers of the accused officer and who shall serve pending a decision of the Trial Board.

Section 8. In the absence of formal charges being filed, the International Executive Board shall have the authority (but shall not be obliged) to entertain, hear, and decide appeals from the acts, failure to act, or decision of any International Union Officer, local union, or the Executive Board of such local union. In all such cases, the International Executive Board may assign the matter to be heard by a Hearing Panel of one (1) or more of its members appointed by the International President. The Hearing Panel shall, after a hearing held upon notice to all interested members, render a report and recommendations on the appeal to the International Executive Board, and its decision shall be subject to appeal to the next regular Convention. A determination by the International Executive Board to conduct a hearing before the full International Executive Board shall supersede a panel designated and appointed by the International President.

Section 9. An appeal taken under this Article shall not operate to stay the action or decision appealed from unless the International Executive Board shall so direct.

Section 10. No member shall institute any civil action, suit or proceeding in any court or before any administrative body, against the International Union or any of its local local unions, or any Officer or member of the International Union or any of its local unions, or account of any controversy for which a remedy by hearing or appeal is provided for in this Constitution and/or in an applicable collective bargaining agreement unless and until he has first promptly and diligently involved, pursued and exhausted all such remedies of hearing and appeal. The members obligation under this section shall arise immediately upon the occurrence, event, act or transaction giving rise to the controversy and such obligations shall remain in full force and effect for a period of not less than four (4) months or for such longer period as may be recognized under applicable law.

Section 11. The International Executive Board shall have the authority to adopt and from time to time modify a Trial and Appeals Manual containing specific procedures and forms to be followed and used in trials, hearings and appeals provided for in this Article.

ARTICLE XIII
TRUSTEESHIPS

Section 1. Trustees shall be appointed only for any of the following purposes:

  1. correcting corruption or financial malpractice;
  2. assuring the performance of collective bargaining agreements or other duties of a bargaining representative;
  3. restoring democratic procedures;
  4. suppressing dual unionism or secession;
  5. enforcing the provisions of the Constitution of the International Union;
  6. otherwise carrying out the legitimate objects of the International Union.

 

Section 2. A trustee must be a member in good standing. The International President or the International Executive Board shall have the right, with or without cause, to remove or replace the trustee at any time.

Section 3. The trustee shall assume full charge and control of the affairs of the local union for which he has been appointed and shall administer same. The trustee shall have the right to demand and receive in the name of the International Union, and the local union officers shall have the obligation (irrespective of the nominal legal title holder) to turn over to the trustee, the charter and assets, books, monies, property and records of the local union. The assets and property of the local union shall include, but not be limited to, the assets and property described in Article IX, Section 7, of this Constitution. The trustee shall tender a receipt for the same. In the event of refusal by a local union in trusteeship to turn over its assets, books, monies, property and records to the trustee, the trustee is authorized to institute appropriate legal proceedings to recover the same. The trustee shall hold all assets, books, monies, property and records of the local union in trust for the local union, to be used and expended only in the proper conduct of its affairs. The trustee shall have the right to remove officers, grievance or other committeemen or stewards and appoint temporary officers, grievance and other committeemen or stewards who are members in good standing of local unions to fill their places during the period of trusteeship. All officers, grievance or other committeemen or stewards of a local union in trusteeship, incumbent or temporary, shall function under the supervision, direction and control of the trustee. The trustee shall have the authority to take such other action as is necessary to preserve the local union and effectuate the policies of the International Union, including the right to appoint a deputy, or deputies, and delegate part or all of his authority to such deputies.

Section 4. The trustee shall promptly cause the financial records of the local union to be audited as of the date of the commencement of the trusteeship and shall promptly transmit such audit to the International Executive Board. The trustee shall issue reports to the International President at intervals of not more than three (3) months. Such reports shall include statements of receipt and expenditures, information pertaining to the action taken by him as trustee, and a recommendation with respect to continuation or termination of the trusteeship. The first such report shall be issued within thirty (30) days following the commencement of trusteeship.

Section 5. The trustee and temporary officers appointed by him shall give bonds for the faithful discharge of their duties, in an amount determined by the International President.

Section 6. During the period of trusteeship the votes of the delegates from a local union in trusteeship in any Convention or election of officers of the International Union shall not be counted unless the delegates have been chosen by secret ballot in an election in which all the members in good standing of the local union in trusteeship are eligible to participate.

Section 7. Only the normal per capita tax and assessments payable by local unions not in trusteeship shall be transferred from the current receipts or other funds of the local union in trusteeship to the International Union, provided, however, that if the local union in trusteeship has withdrawn, disaffiliated or is dissolved, then the assets and property of such local union shall be paid over to the International Union in accordance with Article IX of the Constitution.

Section 8. Any expenses incurred by the International Union in connection with the establishment or administration of a trusteeship over a local union shall be a charge against the assets of said local union.

Section 9. It shall be the policy of the International Union to terminate a trusteeship as soon as it deems practicable under all circumstances. When a trusteeship is terminated, the trustee shall conduct an election, in accordance with the applicable provisions of the Constitution and policies of the International Union and the bylaws of the local union, to fill offices and other elective positions vacated on account of removal or departure of the former elected incumbents. The trustee shall then return all assets, books, monies, property and records to the appropriate officers of the local union.

Section 10. If the International President has or receives information which leads him to believe that a trustee should be appointed, he shall set a time and place for a hearing. If, in his judgment, an emergency situation exists within the local union or other subordinate body, a trustee may be appointed prior to such hearing. Adequate notice of the date and place of the hearing shall be given to the local union or other subordinate body involved. The International President shall designate a Hearing Panel comprised of one (1) or more International Officers or Staff Representatives. The Hearing Panel shall make its recommendations to the International President and the decision in the case shall be made by the International President. The decision shall be promptly transmitted to the local union or other subordinate body. Appeals, if any, from determinations following such hearings shall be taken directly to the International Executive Board. Appeals, if any, from the decision of the International Executive Board shall be taken to the Convention by only the local union or subordinate body affected. The International Executive Board may modify or add to the procedures established herein for the purpose of assuring compliance with any applicable law. The International Union shall not be responsible for any actions or activities of a local union or other subordinate body under trusteeship unless such actions or activities have been directed or authorized by the trustee.

ARTICLE XIV
STRIKES AND LOCKOUTS

Section 1. No strike, boycott or other concerted action shall be deemed authorized, ratified and approved by the International Union unless the following conditions have been complied with:

  1. where the affected members are in one (1) local union, two-thirds (2/3) of these members present and voting at a meeting have voted by secret ballot in favor of the strike;
  2. where the affected members are in more than one (1) local union, a two-thirds (2/3) majority vote of the affected members voting or their designated representatives has been taken in a manner prescribed by the local unions which has been approved by the International Executive Board, or, if not in session, by the International President;
  3. the strike, boycott, or other concerted action acted upon has been approved by the International Executive Board, or, if not in session, by the International President;
  1. the International Executive Board has not declared the strike, boycott or other concerted action terminated

Section 2. Any member who participates in a strike, boycott or other concerted action not authorized in accordance with the above Section shall be subject to discipline and forfeiture of all claims.

Section 3. No properly authorized strike shall be terminated unless tne affected bargaining unit of a local union terminates the strike or the International Executive Board votes by a two-thirds majority to terminate such strike.

Section 4. The Secretary-Treasurer shall maintain a separate and special account to be known as a Defense Fund. One dollar ($1) (Effective January 1, 1997 [$l.25], effective January 1, 1998 [$1.50], effective January 1, 1999 [$1.75], effective January 1,2000 [$2.00]) of the per capita tax received from each member and all initiation fees received by the International Union shall be placed in said Defense Fund. A minimum balance of One Million Dollars ($1,000,000.00) shall be maintained as a reserve hind. The remaining funds shall be available and expended to support and sustain strikes, boycotts or other concerted action or to assist workers involved in raids or lockouts and to defend the International Union whenever its existence or integrity is threatened. Whenever a local union is involved in an authorized strike, boycott, or other concerted action, or any lockout, its members shall be entitled to such assistance as the International Union shall provide. No member shall be entitled to benefits from the Defense Fund unless he is in good standing at the beginning of the strike, lockout or other event.

Any money invested from the Defense Fund of the United Paperworkers International Union must be voted on and approved by two-thirds (2/3) majority vote of the International Executive Board.

ARTICLE XV
COLLECTIVE BARGAINING AGREEMENTS

Section 1. A collective bargaining agreement must be ratified and approved by a majority of the members covered by said agreement present and voting on the question by secret ballot before the same shall be executed on behalf of the union; except in the case of multi-plant or multi-employer agreements, where the local union has authorized designated delegates to ratify a collective bargaining agreement, in which case the agreement shall be executed upon the ratification of the agreement by a majority of the delegates of all attending local unions present and voting by secret ballot. Should a vote for ratification of a contract fail to yield a maj6rity vote as required for acceptance by this Constitution, and then fail to yield the two-thirds (2/3) majority vote necessary for strike sanction, the local or multiple so affected shall be considered to have accepted the labor agreement.

Section 2a. Negotiations for collective bargaining agreements shall be subject to supervision by, and their terms, conditions and termination shall be subject to the approval of the International President.

b) Under the supervision of the International President, coordinated bargaining may become necessary to enhance the locals bargaining strength. Contract proposals will be agreed to by the coordinated locals as permitted by the International President and in accordance with National Labor Relations Board rules for coordinated bargaining.

Section 3. The International Union or local union, as the case may be, acting as the exclusive collective bargaining representative of the members, is irrevocably authorized and empowered by each member to present, negotiate and settle any and all grievances, complaints and disputes arising out of the relationship between the member and his employer. The provisions of this Constitution relating to the exhaustion of internal union remedies shall be hilly applicable to matters covered by this Section.

ARTICLE XVI
PENSION FUND AND RETIREMENT

Section 1. There shall be a pension plan covering International Officers and all other full-time employees of the International Union and all full-time employees of the Paper Industry Union-Management Pension Fund to be known as United Paperworkers International Union Pension Fund. This pension plan shall be administered, maintained, and operated by a Board of Trustees under an Agreement and Declaration of Trust approved by the International Executive Board. It shall be actuarially sound at all times, with such guidance and counsel necessary in this regard being obtained from recognized specialists in the field of pensions.

Section 2. The terms and conditions of eligibility, level of benefits and payment of contributions required to maintain such level of benefits shall be determined and controlled by the Agreement and Declaration of Trust.

Section 3. The Pension Plan shall provide that an employee completing five years of continuous service with the International Union, whose service may be terminated with the International for whatever cause, shall, after making application, be entitled to receive pension benefits at his normal retirement date or early retirement date if he so elects.

Section 4. All employees shall retire on the first day of the month next following said employees seventieth (70th) birthday, with the exception of International Officers (duly elected only) who may, if so desiring, serve out their term.

ARTICLE XVII
AFFILIATION

Section 1. This International Union shall be affiliated with the AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS and the CANADIAN LABOUR CONGRESS, and such other organizations and federations for such time as the International Executive Board shall decide.

Section 2. It is the policy of this International Union that its local unions shall affiliate with their respective state or provincial federations and central bodies unless excused by the International Executive Board.

Section 3. It shall be the policy of this International Union to encourage and assist local unions in establishing retired members clubs. The clubs will serve as a social and recreational center for retired members and will provide an opportunity for them to continue to participate in local union, community, and political activities along with active union members.

The President's office shall have jurisdiction over Local Union retired members' clubs. Retired members' clubs shall adopt bylaws, rules and regulations for their government which shall not be in conflict with the International Constitution and shall be subject to the approval of the International President.

ARTICLE XVIII
CONSTITUTION AND AMENDMENTS

Section 1. Copies of this Constitution shall be printed for distribution to local unions and their members.

Section 2. Provisions of this Constitution which, in the judgment of the International Executive Board, were mandated by the laws of the United States need not be applicable outside of the United States and the International Executive Board may make rules and regulations in place of such provisions.

Section 3. Any local union may propose amendments to this Constitution by filing such proposed amendments with the International President no less than sixty (60) days prior to the date of a regular Convention or special Convention called to consider such proposed amendments. The proposed amendments shall bear the signature of the President and the Recording Secretary of the local union, together with the local union seal.

Section 4. The International Executive Board may propose amendments to this Constitution at any regular Convention or special Convention called to consider such proposed amendments.

Section 5. All properly submitted and proposed amendments shall become effective upon an affirmative vote of a majority of the votes cast.

Section 6. In the event any provision of this Constitution shall hereafter be determined to be inconsistent with the provisions of law, the International Executive Board may thereupon cease giving effect to such provisions and may adopt a substitute provision pending action by the next regular or special Convention of the International Union.