constitution bylaws - nabtubuilding and construction trades councils, then such local union shall...

To Govern Local Councils of theBuilding and Construction Trades

Department, AFL-CIO

&Constitution

BylawsORGANIZED FEBRUARY 10, 1908

AS AMENDED THROUGH AUGUST 2010

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CONTENTS

Sect. Page

ARTICLE INAME OF COUNCIL............................... 1

ARTICLE IIJURISIDICTION ...................................... 1

Jurisdiction of Council ....................... 1 1Cooperation with Department........... 2 1

ARTICLE IIIMEMBERSHIP......................................... 2

Eligibility .............................................. 1 2Affiliation with Council ...................... 2 2Delegate Representation .................... 3 2Delegate Requirements....................... 4 3Credentials .......................................... 5 3Overlapping Jurisdiction of Locals ... 6 3Membership cards............................... 7 4

ARTICLE IVMEETINGS............................................... 4

Time and place..................................... 1 4Special Meetings.................................. 2 4Quorum................................................. 3 5

ARTICLE VOFFICERS................................................ 5

Number of Officers ............................. 1 5

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Qualifications....................................... 2 5President .............................................. 3 6Vice-President...................................... 4 6Recording Secretary ........................... 5 6Financial Secretary ............................. 6 6Treasurer .............................................. 7 7Sergeant-at-Arms................................. 8 7Secretary-Treasurer of Department... 9 7Eligibility .............................................. 10 8Term ...................................................... 11 8Number of Votes.................................. 12 8Election ................................................ 13 9Holding of Office ................................. 14 9Obligation of Officers ......................... 15 9Vacancies in Office.............................. 16 9

ARTICLE VIEXECUTIVE BOARD OR BOARD OF

BUSINESS AGENTS ....................... 10Governing of Council.......................... 1 10Qualifications....................................... 2 10

ARTICLE VIITRUSTEES............................................... 10

Duties.................................................... 1 10

ARTICLE VIIIFINANCES ............................................... 11

Revenue................................................ 1 11Disbursements..................................... 2 11

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ARTICLE IXMEMBERSHIP CARDS........................... 12

Obtaining .............................................. 1 12Requirements ...................................... 2 12

ARTICLE XAUTONOMOUS RIGHTS........................ 12

ARTICLE XIDISCIPLINARY CHARGE AND TRIAL

PROCEDURE FOR LOCAL, STATEAND PROVINCIAL COUNCILS ...... 13

Procedure............................................. 1 13Stating Charges.................................... 2 13Submitting Charges............................. 3 13Hearing ................................................. 4 14Decisions .............................................. 5 14

ARTICLE XIIMISCELLANEOUS .................................. 15

Disbanding of Council ........................ 1 15Non-resident members ....................... 2 15Picket line ............................................ 3 15Economic Strikes ................................ 4 15Jurisdictional Disputes ....................... 5 15Per capita tax, failure to pay.............. 6 16

Constitution & Bylaws 9/21/10 1:28 PM Page iii

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CONSTITUTION AND BYLAWS TOGOVERN LOCAL COUNCILS

ARTICLE I

Name

This organization shall be known as the Build-ing and Construction Trades Council of . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ARTICLE II

Jurisdiction

Section 1. The Council shall have completejurisdiction over the building and constructiontrades industry and all branches, divisions andsubdivisions thereof, as enunciated in thePreamble to and as contained in Article I,Section 2, and Article IX, Section 2 of the Consti-tution of the Building and the ConstructionTrades Department, within the following geo-graphical area: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2. The Council shall, in all its activi-ties, cooperate with the officers and representa-tives of the Building and Construction Trades De-partment, and shall comply with all directivesand instructions of the Department.

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ARTICLE III

Membership

Section 1. Membership in this Council shall beconfined to bona fide building and constructiontrades local unions within the geographical juris-diction of this Council which are in good stand-ing with National and International Unions affili-ated with the Building and Construction TradesDepartment.

Section 2. All local building and constructiontrades unions of National and InternationalUnions affiliated with the Department within thegeographical jurisdiction of this Council shall af-filiate with this Council.

Section 3. Representation in this Council fromlocal unions shall be as follows:

Less than 400 members 2 delegates400 to 799 members 4 delegates800 to 1,199 " 6 "

1,200 to 2,499 " 8 "2,500 to 4,999 " 10 "5,000 to 7,499 " 12 "7,500 to 12,499 " 14 "

12,500 or more " 18 "Plus one additional delegate for each 2,500 mem-bers over 12,500.

Where two or more Local Unions of a Na-tional or International Union form a DistrictCouncil within the geographical jurisdiction of


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this Council, representation for the LocalUnions may come through said District Councilin lieu of direct representation from the LocalUnions. In any event, where two or more LocalUnions of the same National or InternationalUnion are affiliated with this Council, the saidLocal Unions shall be entitled to representationin this Council on the basis of their combinedmembership only.

Section 4. Delegates to this Council shallconsist of duly elected or appointed members ingood standing in their Local Unions for a periodof not less than two (2) years. The President ofthe Department shall have the authority towaive this requirement in any case when, in thePresident’s judgment, the circumstances war-rant.

Section 5. Credentials of delegates shall befurnished by Local Unions or District Councils onofficial stationery, and shall be signed by thePresident and Secretary and bear the seal of theLocal or District Council.

Section 6. Whenever the territorial jurisdic-tion of a Local Union embraces or overlaps thegeographical jurisdiction of two or more LocalBuilding and Construction Trades Councils, thensuch Local Union shall pay per capita tax to eachLocal Building and Construction Trades Councilbased upon the number of building trades mem-bers working in the geographical jurisdiction ofeach Local Council, according to the number of


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membership cards issued. Said Local Union shallhave representation in each Local Building andConstruction Trades Council based upon thenumber of members working in the geographicaljurisdiction of each Council.

Section 7. A quarterly membership card prop-erly issued by any State, Provincial or LocalCouncil affiliated with the Building and Con-struction Trades Department shall be recognizedas valid within the jurisdiction of this Counciluntil its expiration date. Provided, however, thata member of any Local Union who takes advan-tage of this provision, who desires to continue tomaintain membership status within the jurisdic-tion of this Council beyond the end of any calen-dar quarter, must obtain the membership cardprescribed by this Council from the affiliatedLocal Union of the applicable trade, or if there isno applicable Local Union affiliated, from thisCouncil.

ARTICLE IV

Meetings

Section 1. The meetings of this Council shallbe held at least once each month at such timeand place as may be determined from time totime by majority vote of the delegates.

Section 2. Special meetings may be called bythe President on written request of the Execu-tive Board or the Board of Business Agents or


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that of a quorum of delegates, which requestshall set forth the business to be settled; pro-vided, however, that no other business will beconsidered or acted upon except that specifiedin the call.

Section 3. A quorum shall consist of one-thirdof the delegates to the Council, provided theyrepresent one-half of the affiliated trades.

ARTICLE V

Officers Section 1. The officers of the Council shall

consist of President, Vice-President, RecordingSecretary, Financial Secretary, Treasurer,Sergeant-at-Arms and Trustees. It shall be op-tional with the Local Council if it desires to con-solidate any of these offices. No two members ofthe same National or International Union affili-ated with the Building Construction Trades De-partment may hold office in the Council at anytime. These officers shall constitute the Execu-tive Board of the Council.

Section 2. The officers of the Council shall beelected from among the delegates. In order toqualify to hold office in the Council, a delegatemust be a member in continuous good standingin his/her Local Union for a period of at least two(2) years prior to the delegate’s election or ap-pointment as a delegate and must be a qualifiedbuilding trades worker. The President of the De-


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partment shall have the authority to waive thisrequirement in any case when, in the President’sjudgment, the circumstances warrant.

Section 3. The President shall preside at themeetings of the Council and preserve order, andshall enforce the Constitution and Bylaws of theBuilding and Construction Trades Departmentand of this Council, and their policies and deci-sions.

Section 4. The Vice-President, in the absenceof the President, shall perform all duties pertain-ing to the office of President.

Section 5. The Recording Secretary shall keepa record of the proceedings of the Council and at-test all orders signed by the President. TheRecording Secretary shall be the custodian of therecords and seal of the Council. The RecordingSecretary shall furnish each affiliated LocalUnion with a copy of the proceedings of theCouncil and shall perform such other duties asmay be required by this Constitution or assignedby the Council or the Executive Board or Boardof Business Agents.

Section 6. The Financial Secretary shall re-ceive all dues and money to be paid to the Coun-cil and turn same over to the Treasurer, taking areceipt therefor. The Financial Secretary shallkeep an accurate account of all moneys receivedand expended. The Financial Secretary shallissue all orders for the payment of bills orderedby the Council, the same to be attested by the sig-


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natures of the President and Recording Secre-tary. The Financial Secretary shall make quar-terly financial reports to the Council. The Finan-cial Secretary shall notify all unions in arrears,and shall receive such salary as the Council, onmotion or resolution, may determine, providedthat it be not less than $1.00 per year to insurethe legality of a bond.

Section 7. The Treasurer shall receive fromand receipt for all moneys turned over by the Fi-nancial Secretary, and disburse the same uponthe order of the Council. The Treasurer shallkeep an account of all moneys received and ex-pended and produce the books for inspectionwhenever called upon by the Board of Trustees.The Treasurer shall deposit all moneys or fundsin such banks as the Council may designate. TheTreasurer shall furnish such bonds as the Councilmay require and receive such salary as the Coun-cil, by motion or resolution may determine, pro-vided that it be not less than $1.00 per year to in-sure the legality of a bond.

Section 8. The Sergeant-at-Arms shall main-tain order and perform such other duties as thepresiding officer may direct.

Section 9. The Secretary-Treasurer of theBuilding and Construction Trades Departmentmay, at any time, either in person, or by deputy,examine and take possession of the books of theCouncil, and in case of the suspension or revoca-tion of the charter or dissolution of the Council,


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all moneys and other properties in possession ofthe Council shall immediately be forwarded tothe Department in such manner as the Presidentof the Department shall direct.

Section 10. No delegate shall be eligible tohold any office in this Council unless the dele-gate’s organization shall have paid all its indebt-edness to the Local Council up to the first day ofthe current quarter. Any delegate who holds afull-time salaried office in the Council, and whowould be ineligible to continue holding such of-fice by reason of the first sentence of this section,shall have the right to apply for a special exemp-tion from that provision to the President of theBuilding and Construction Trades Department.The President of the Department shall have theauthority to waive this requirement in any suchcase when, in the President’s judgment, the cir-cumstances warrant.

Section 11. Local Councils shall elect officersfor a minimum term of two (2) years and a maxi-mum term of four (4) years. The election shalltake place at the last meeting in the month of Jan-uary or July.

Section 12. The number of members of eachLocal Union, for the purpose of determining thenumber of delegates entitled to vote, shall be theaverage monthly number of members on whichper capita tax is paid to the Council during theyear prior to and including the second month pre-ceding the election of officers. Where affiliation


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has occurred during such current year, the aver-age shall be computed from the month of affilia-tion.

Section 13. The election shall be by secretballot, and it shall require a majority of all votescast to elect officers. In any election where nocandidate receives a majority of the votes cast,there shall be a runoff election between the twocandidates with the greatest number of votes.

Section 14. Officers shall hold office for theperiod of their election and until their successorsare installed.

Section 15. Before the officers shall enterupon their duties, the President shall deliver thefollowing obligation:

OBLIGATION OF OFFICERS

I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , pledge myhonor that I will, to the best of my ability, fulfillthe duties devolving upon me as an officer of thisCouncil, and that I will act in my assigned capac-ity for the general benefit of the members, andthat I will turn over to my successor all funds,books, records and properties in my possessionat the expiration of my official term.

Section 16. Vacancies in office shall be filledfor the unexpired term by a majority vote of theCouncil.


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ARTICLE VI

Executive Board or Board ofBusiness Agents

Section 1. The Executive Board, or where es-tablished by the Local Council in its Bylaws theBoard of Business Agents, shall govern on allmatters and business between meetings of theCouncil.

Section 2. The Board of Business Agents shallconsist of one business agent from each LocalUnion affiliated with the Council. In order toserve, or to continue serving, on the Board ofBusiness Agents, an individual must currentlyserve as a business agent in the individual’s ownLocal Union. If a member of the Board of Busi-ness Agents ceases to hold the position of busi-ness agent in the member’s own Local Union, themember’s position on the Board of BusinessAgents of this Council shall automatically be con-sidered vacant and shall be filled by the LocalUnion that has the vacancy.

ARTICLE VII

Trustees

Section 1. The Trustees shall have supervisionover all funds and property of the Council. Theyshall require the financial officers to be properlybonded, and the funds of the Council to be


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placed in such bank as is selected by the Councilas its depository, in the name of the Council.Such funds may not be withdrawn except bychecks regularly drawn and signed by the properofficers. The Trustees shall audit the books of theCouncil at the end of each fiscal quarter and sub-mit a statement of said audit to the Council notmore than two weeks after the close of eachquarter.

ARTICLE VIII

Finances

Section 1. The revenue of the Council shall bederived from an affiliation fee of $5.00, and fromthe payments by the affiliated local unions of amonthly per capita tax to be paid on all memberswho are engaged in building and constructionwork and those who are engaged in fabrication,assembly, processing or supplying building mate-rials within the geographical jurisdiction of theCouncil, and by assessments to cover unavoid-able deficits which must be first approved by thePresident of the Department, and have approvalby a referendum vote of the affiliated LocalUnions. The charge per capita tax shall be at thediscretion of the Local Council, and the Councilshall supply membership cards to the affiliatedLocal Unions.

Section 2. Disbursements from the funds ofthe Council shall be for hall rent, stationery,


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printing, supplies, salaries and such other neces-sary expenses as may be approved by the Coun-cil.

ARTICLE IX

Membership Cards

Section 1. This Council shall obtain all mem-bership cards from either the State or ProvincialCouncil or the Department.

Section 2. All membership cards must havethe emblem and name of the Building and Con-struction Trades Department printed on the facethereof, and on the reverse side the emblem andname of this Council. The universal membershipcard shall be carried by all affiliated membersand no other card shall be recognized by the affil-iated trades on any job or building where they areemployed.

ARTICLE X

Autonomous Rights

Affiliated National and International Unionsshall have autonomy over the conduct of their re-spective Local Unions and members, and thisCouncil shall not suspend or expel any affiliatedLocal Union without first obtaining approval ofthe Governing Board of Presidents of the Build-ing and Construction Trades Department.


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ARTICLE XI

Disciplinary Charge and TrialProcedure For Local, State and Provincial

Building Trades Councils

Section 1. All charges against officers, repre-sentatives or delegates of the Council for a viola-tion of or failure to comply with any of the provi-sions of the Constitution of the Building and Con-struction Trades Department or of the Bylaws ofthe Council, or for engaging in any activity or con-duct which is contrary or detrimental to the wel-fare or best interests of the Department or thisCouncil, shall be heard by a Trial Board consistingof members of the Executive Board or Board ofBusiness Agents. (This section shall not be con-strued to conflict with the prerogative of the Presi-dent of the Department to take action in certaincases, as provided by the Rules Governing the Dis-cipline of Local, State and Provincial Building andConstruction Trades Councils and Their Officers.)

Section 2. All such charges must be presentedin writing, signed by the charging party and statethe act or acts on which the charges are based,including approximate relevant dates and places.

Section 3. Charges must be submitted to theRecording Secretary of the Council within sixty(60) days of the time the charging party first be-came aware, or reasonably should have beenaware, of the alleged act or acts. (Charges againstthe Recording Secretary shall be submitted to the


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Council President.) The Recording Secretaryshall immediately send a copy of such charges tothe accused member at the member’s last knownaddress, together with a notice of hearing beforethe Trial Board which notice shall set forth thetime and place of the hearing, The hearing dateshall not be less than two (2) weeks from thedate of the notice.

Section 4. The Trial Board shall proceed witha hearing in the case no later than forty-five (45)days from the date the charges were filed. TheTrial Board shall grant a reasonable delay to theaccused when it feels the facts or circumstanceswarrant such a delay. If the accused willfully re-fuses to stand trial or attempts to evade trial theTrial Board shall proceed to hear and determinethe case just as though the accused were present.The Trial Board shall hear all evidence submittedfrom both the charging party and the accusedand shall render a decision on the basis of suchevidence. The Recording Secretary shall immedi-ately send a copy of the Trial Board’s decision tothe accused.

Section 5. The decision of the Trial Board maybe appealed to the President of the Building andConstruction Trades Department within thirty(30) days after the date of the decision of theTrial Board. All appeals of the decision of thePresident of the Department shall be made pur-suant to Article XI of the Building and Construc-tion Trades Department Constitution.


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ARTICLE XII

Miscellaneous

Section 1. No Local Council may be dis-banded without the approval of the GoverningBoard of Presidents of the Building and Con-struction Trades Department.

Section 2. This Council shall not discriminateagainst traveling or non-resident members whomay be temporarily employed within the Coun-cil’s territorial jurisdiction.

Section 3. No Local Union affiliated with thisCouncil shall institute or establish any picket linefor jurisdictional purposes and this Council shallnot authorize, institute or lend support to anysuch picketing.

Section 4. No Local Union affiliated with thisCouncil shall institute or establish any picket lineat a job site in support of an economic strike, un-less the work of the striking union is being per-formed at a particular job site(s), and then onlyat such job site(s). This Council shall not recog-nize, authorize, or lend support to picketing notin conformance with this Section. Nor shall thisCouncil recognize, authorize or lend support topicketing by individuals, where such picketing isnot authorized by the craft representing such in-dividuals.

Section 5. Local Councils and all Local Unionsaffiliated with the Council shall incorporate in all


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collective bargaining agreements without changethe following provision:

“All jurisdictional disputes between oramong building and construction tradesunions and employers shall be settled andadjusted according to the present plan estab-lished by the Building and ConstructionTrades Department or any other plan ormethod of procedure that may be adopted inthe future by the Building and ConstructionTrades Department. Decisions renderedshall be final, binding and conclusive on theemployers and unions.”Section 6. This Council shall notify the De-

partment in writing of any Local Union failing orrefusing to pay its dues or per capita tax into theCouncil for a period of three (3) consecutivemonths. Any such Local Union which fails or re-fuses to pay its dues or per capita tax into theCouncil for three (3) consecutive months shallautomatically be denied the right to have theirdelegates or representatives present or partici-pate in meetings of the Council, the ExecutiveBoard or Board of Business Agents, subject toArticle V, Section 10, above.


General Offices815 16th Street, N.W. • 6th Floor

Washington, D.C. 20006

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