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2014 CONSTITUTION AND RITUAL – 1 OUR UNION · OUR MEMBERS · OUR STRENGTH ST SMART GENERAL CONVENTION SMART CONSTITUTION AND RITUAL REVISED AND AMENDED BY AUTHORITY OF THE 1ST SMART GENERAL CONVENTION Held in Las Vegas, Nevada | AUGUST 11–15, 2014 INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL AND TRANSPORTATION WORKERS And Affiliated Local Unions, State, District, Provincial And Regional Councils General Officers of the International Association of Sheet Metal, Air, Rail and Transportation Workers Joseph J. Nigro John Previsich General President President Transportation Division Joseph Sellers, Jr. General Vice President General Secretary-Treasurer John J. Risch III Bruce W. Word General Vice Prestident/U.S. National 1st General Vice President Legislative Director Ronald H. Whatley David Wier 2nd General Vice President General Vice President David C. Zimmermann Vice President/International Representative 3rd General Vice President John E. Lesniewski Mark Curtis General Vice President 4th General Vice President Vice President/International Representative Patrick C. Landgraf Troy Johnson 5th General Vice President General Vice President Vice President/International Representative Derek Evans John England 6th General Vice President General Vice President Joseph B. Powell Vice President/International Representative 7th General Vice President Norm L. Whiteman 8th General Vice President John Helak 9th General Vice President Arthur B. Tolentino 10th General Vice President Rocco Terranova 11th General Vice President General Office Address United Unions Building 1750 New York Avenue, N.W. Washington, D.C. 20006-5386 CONSTITUTION AND RITUAL OF THE INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL AND TRANSPORTATION WORKERS Affiliated with American Federation of Labor and Congress of Industrial Organizations, Building and Construction Trades Department, Metal Trades Department, Maritime Trades Department, Union Label and Service Trades Department, Transportation Trades Department, Public Employee Department, and Railway Labor Executives’ Association, and the Canadian Labour Congress. REVISED AND AMENDED BY AUTHORITY OF 1st SMART General Convention Held at Las Vegas, Nevada August 11-15, 2014 29267_SMW_Constitution_Ritual_Txt.indd 1 8/18/15 8:00 PM Preamble Realizing the advantage and necessity of cooperative effort properly and legally directed to fully develop and demonstrate the possibilities of our trade in the various fields of industry and to protect our rights in connection therewith, we hereby pledge our united efforts and support as members of the International Association of Sheet Metal, Air, Rail and Transportation Workers to the accomplishment of said purpose. In this age of organized effort, it is essential that those engaged at our trade must likewise organize in order to establish and maintain desirable working conditions and thus provide for themselves and their families that measure of comfort, happiness, and security to which every good citizen is entitled in return for his or her labor from a deep sense of pride in our trade, to give a fair day’s work for a fair day’s pay. For reasons stated herewith, we adopt this Constitution and Ritual and pledge our support and allegiance to the International Association of Sheet Metal, Air, Rail and Transportation Workers of the United States and Canada, and as members thereof, we agree to be governed by the provisions, requirements, purpose and intent of this Constitution and all subsequent amendments thereto. Article Twenty-One B (21B) sets forth the political structure and functioning of the Transportation Division including the selection, authority, duties and responsibilities of its officers. Other parts of the Constitution govern the operation of the association as a whole, including the Transportation Division. Where application of other parts of the Constitution to the Transportation Division would negate the provisions of Article Twenty-One B (21B), it is presumed that this is not the intent of the Constitution. Some provisions of the Constitution plainly apply to sheet metal workers and are to be interpreted as applying only to sheet metal workers unless there is no conflict between such provisions and Article Twenty-One B (21B) and application is necessary to address questions not answered in Article Twenty-One B (21B) or to provide uniformity in the administration of the association. 29267_SMW_Constitution_Ritual_Txt.indd 2 8/18/15 8:00 PM Table of Contents Article One (1) — International Association 1 Section 1 Name and Location 1 Section 2 Membership 1 Section 3 Government 1 Section 4 Government Between Conventions 1 Section 5 Trade Jurisdiction 2 Section 6 Revenue and Funds 13 Section 7 Dissolution 17 Section 8 Assessments 17 Section 9 Insurance Benefits 18 Section 10 Responsibility 19 Section 11 Service By Mail 19 Article Two (2) — General Officers 19 Section 1 Numbers and Titles 19 Section 1(A) Financial Support for Campaign 19 Section 2 Qualifications 20 Section 3 Automatic Convention Delegates 20 Section 4 Mandatory Tender of Resignation 20 Section 5 Time of Election 20 Section 6 Method of Election 21 Section 7 Election Protest 21 Section 8 Term of Office 22 Section 9 Filling Vacancy In Office of General President 22 Section 10 Filling Vacancy In Office of General Secretary-Treasurer 22 Section 11 Filling Vacancies in Other General Offices 22 Section 12 Compensation and Expenses 23 Section 13 Pensions 23 Section 14 Charges and Trials of General Officers 24 Section 15 Surrender of Property 26 29267_SMW_Constitution_Ritual_Txt.indd 3 8/18/15 8:00 PM iv TABLE of CONTENTS Article Three (3) — General President 26 Section 1 General Duties and Authority 26 Section 2 Supervision of Local Unions, Councils and Officers Thereof 27 Section 3 Supervision of Individual Members 31 Section 4 Meetings of Business Managers and Business Representatives 31 Section 5 Attorneys 32 Section 6 Reports 32 Section 7 32 Section 8 32 Section 9 General President Emeritus 32 Article Four (4) — General Vice Presidents 32 Section 1 General Duties 32 Article Five (5) — General Secretary-Treasurer 33 Section 1 General Duties 33 Article Six (6) — General Executive Council 36 Section 1 36 Section 2 General Duties 36 Section 3 Finance Committee 36 Section 4 Procedure When Not in Session 37 Section 5 Reports 37 Article Seven (7) — General Conventions 38 Section 1 Time and Place 38 Section 2 Representation and Vote 38 Section 3 Qualifications and Election of Delegates 39 Section 4 Committee On Credentials and — General Secretary-Treasurer’s Report 40 Section 5 Delegate Credentials 40 Section 6 Delegate Compensation 41 Section 7 Constitution Committee: — Appointment and General Duties 41 Section 8 Committees General 41 Section 9 Committee Compensation 42 Section 10 Quorum 42 Section 11 Order of Business 42 Section 12 Attendance of General Officers 43 29267_SMW_Constitution_Ritual_Txt.indd 4 8/18/15 8:00 PM TABLE of CONTENTS v Section 13 Convention Guests 43 Section 14 Special Conventions 43 Section 15 Resolutions 43 Section 16 44 Article Eight (8) — International Staff 44 Section 1 Appointment 44 Section 2 Qualifications 44 Section 3 Duties 44 Section 4 Directors’ Offices 45 Section 5 Compensation 45 Article Nine (9) — State, Provincial, District and Regional Councils 45 Section 1 Organization 45 Section 2 Charter Application 46 Section 3 Government 46 Section 4 Pensions 46 Section 5 Regional Councils 46 Section 6 Charter Application 47 Section 7 Government 47 Article Ten (10) — Local Unions 47 Section 1 Charters 47 Section 2 Revenues, Fees and Dues 48 Section 3 Assessments 54 Section 4 Government 54 Section 5 Local Rules, Regulations and Policies 54 Section 6 Meetings 55 Section 7 Merger or Separation 56 Section 8 Voluntary Dissolution 56 Section 9 Automatic Suspension and Forfeiture of Charter 57 Section 10 Surrender of Property 57 Section 11 Reports 58 Section 12 Official Supplies 58 Section 13 Local Union Funds 59 29267_SMW_Constitution_Ritual_Txt_X.indd 5 8/25/15 6:30 AM vi TABLE of CONTENTS Section 14 Disbursements 59 Section 15 Committees 60 Section 16 Appeals for Aid 60 Section 17 General Obligations 61 Article Eleven (11) — Local Union or Council Benefit Plans 61 Section 1 Responsibility 61 Article Twelve (12) — Local Union Officers, Business Managers, And Business Representatives 62 Section 1 Number of Officers and Titles 62 Section 1(A) Financial Support for Campaign 62 Section 2 Number of Business Managers and Business Representatives 62 Section 3 Qualifications 62 Section 4 Nomination 64 Section 5 Notice 64 Section 6 Elections 64 Section 7 Term of Office 66 Section 8 Vacancies 66 Section 9 Salaries 67 Section 10 Pensions 67 Section 11 Removal 69 Section 12 Training 69 Article Thirteen (13) — Duties of Local Union Officers, Business Manager, And Business Representatives 70 Section 1 Duties of Local Union President 70 Section 2 Duties of Local Union Vice President 70 Section 3 Duties of Recording Secretary 70 Section 4 Duties of Financial Secretary-Treasurer 71 Section 5 Duties of Trustees 74 Section 6 Duties of Conductor 75 Section 7 Duties of Warden 75 Section 8 Duties of Business Manager and Business Representatives 75 Section 9 Convention Delegates 76 29267_SMW_Constitution_Ritual_Txt.indd 6 8/18/15 8:00 PM TABLE of CONTENTS vii Article Fourteen (14) — Local Union Executive Board 77 Section 1 Membership 77 Section 2 Meetings 77 Section 3 Duties 77 Article Fifteen (15) — Stewards 78 Section 1 Appointment 78 Section 2 Duties 78 Article Sixteen (16) — Membership 78 Section 1 Qualifications