ARTICLE XV
Conventions
Section 1.
The regular National Convention shall be held subsequent to the National Convention in June, 1979 at four (4) year intervals during the month of June, of such dates and at such places as may be designated by the National Executive Board; provided that the date of such National Convention may be advanced or postponed to the two (2) months preceding or two (2) months subsequent to the month of June by resolution of the National Executive Board.
Section 2.
The Call for each regular National Convention shall be mailed by the National Secretary-Treasurer at least seventy (70) days prior to the convening of the National Convention.
Section 3.
Representation shall be based upon the average of the membership of the local union both paid and for whom per capita payments have been duly waived or excused for the last four (4) months preceding the month in which the National Convention is held. Such membership shall be based upon the records of the National Secretary-Treasurer. A local union that has been chartered less than four (4) months preceding the month in which the National Convention is held shall be entitled to send delegates based on the average number of paid up members in the months said local union held the charter.
Section 4.
Voting at National Conventions shall be based on per capita membership.
Each local shall be entitled to elect by secret ballot, one delegate for the first 100 members or less in good standing and shall be entitled, after election by secret ballot, to send delegates for each additional 100 members or fraction thereof. However, except as provided in Article XV, Section 4a, no one delegate shall be permitted to represent more than 1,000 members. For local unions having large memberships, it is required that they elect by secret ballot enough delegates to adequately vote their full per capita membership. Any affiliate local union may elect by secret ballot alternate delegates to a National Convention, but said alternates shall only serve as delegates in the event of the inability of a delegate or delegates to attend the National Convention and serve.
Section 4a.
In the event a local union is engaged in a duly authorized strike or lockout which prevents it from sending its entire delegation to a National Convention, the local union shall be entitled to have one or more of its delegates, previously elected by secret ballot, vote the total per capita of the local union after having provided evidence to satisfy the Credentials Committee that he/she has been properly authorized by the local union.
Section 5.
Local unions within a reasonable radius of one another in the same region may combine and elect delegates to represent them, but no delegate so elected shall be entitled to represent more than 1,000 votes in the National Convention. Joint councils chartered by the National Union and composed of local unions of the National Union, may elect a delegate to the National Convention—such delegate shall be seated with all rights and privileges but shall not be entitled to vote unless carrying credentials of a local union.
Section 6.
No local union shall be entitled to representation at the National Convention unless the Financial Officer has paid the National Secretary-Treasurer all dues and initiation fees, etc., that are due to the National Union.
Section 7.
Any local union becoming delinquent must comply with Article VI, Section 12, and be in good standing for four (4) months previous to the month in which the National Convention is held, before it will be entitled to representation.
Section 8.
No member shall be eligible to be a delegate to a National Convention unless (a) he/she shall have been in continuous good standing for a period of twelve (12) months prior to the National Convention; or (b) if his/her local union has been in existence for less than twelve (12) months prior to the National Convention, he/she must have been in continuous good standing for a period of four (4) months prior to the National Convention; or if his/her local union has been in existence less than four (4) months, he/she must be in good standing for all the months said local held its charter, before he/she will be eligible to be a National Convention Delegate; and is employed in a plant, shop, office, or any other place within the jurisdiction of the National Union, or is one of the staff representatives of the National Union, or an officer, employee, or representative of a local union. The National Officers and the members of the National Executive Board shall be ex-officio delegates to all National Conventions, and shall be seated at the National Convention with all rights and privileges of delegates, but without vote, except that the National President shall have the right to vote in the event of a tie.
Section 9.
Upon certification by the President and Secretary of a local union, with the local union’s seal attached, of all delegates properly elected to the National Convention, the National Secretary-Treasurer shall send to each delegate at his/her home address an original copy of the delegate’s credential signed by the National President and National Secretary-Treasurer with the National Seal affixed. The duplicate shall be retained by the National Secretary-Treasurer to be turned over to the Credentials Committee prior to the opening of the National Convention. All delegates shall present their credentials to the Credentials Committee prior to the first session of the National Convention. The notification letter containing the names of the delegates properly elected by each local union must be received by the National Secretary-Treasurer not later than twenty-five (25) days prior to the opening of the National Convention.
Section 10.
Delegates to the National Convention shall be elected by secret ballot of the local union after the Call for the National Convention is received and has been read to the local union. The local union officers shall issue a notice, in accordance with the provisions of the Labor-Management Reporting and Disclosure Act of 1959, as amended, stating those delegates will be elected by secret ballot. Delegates must receive a plurality vote of the members voting. Notwithstanding the above, if a local’s bylaws provide that any of its officers shall also serve as National Convention Delegates, then such officers, when elected to office, shall also be elected as delegate to the National Union Convention and, in accordance with the Labor Management Reporting and Disclosure Act of 1959, as amended, the nomination and election process for officer, including the notice of nominations and election and the voting ballots, shall include “UWUA National Convention Delegate.” Additional delegates and alternates shall be nominated and elected in the manner prescribed in the National Constitution.
Section 11.
When any delegate’s credentials are to be contested, notice of such contest shall be sent to the National Secretary-Treasurer not later than five (5) days prior to the date for convening the National Convention.
Section 12.
All proposed Constitutional amendments and resolutions to be considered by the National Convention shall emanate from:
(a) a duly constituted local membership or local union Executive Board meeting,
(b) an authorized National Union council,
(c) the National Executive Committee and/or the National Executive Board,
and shall be sent to the National Secretary-Treasurer. Amendments must be received no later than thirty (30) days and resolutions no later than ten (10) days prior to the convening of the National Convention. The National Secretary-Treasurer shall submit all proposed amendments to the National Constitution and all resolutions so received to the chairpersons of the appropriate committees. Time limits may be waived by the National Executive Committee for good cause.
Section 13.
A National Convention shall not consider internal appeals or grievances unless the lower tribunals of the organization have previously considered them.
Section 14.
On questions coming before the National Convention, a roll call shall require a majority vote.
Section 15.
The National Secretary-Treasurer shall have a roll of accredited delegates prepared and make such other arrangements as will expedite and facilitate the calling of the roll.
Section 16.
The National President shall appoint, prior to the opening date of the National Convention and subject to the approval of the National Convention, such committees as are necessary to conduct the affairs of the National Convention. Such committees shall meet before the opening date of the National Convention, and shall proceed to consider all resolutions, appeals, reports, and constitutional amendments submitted to the National Convention.
Section 17.
All National Conventions shall be governed by the following order of business unless suspended by a two-thirds (2/3) vote:
1. Call to order by National President or his/her designee.
2. Report of Credentials Committee.
3. Roll Call.
4. Report of Committee on Rules and Order.
5. Ratification of Committee Appointments.
6. Report of Officers.
7. Submission of Minutes of Last Convention.
8. Report of Committees.
9. Unfinished Business.
10. New Business.
11. Nomination and Election of Officers.
12. Recommendations on Place for Next Convention.
13. Good and Welfare.
14. Adjournment.
Section 18.
A quorum for the National Convention shall consist of two-thirds (2/3) of the registered delegates to the National Convention.
Section 19.
Parliamentary procedure at all National Conventions shall be governed by Roberts Rules of Order (Newly Revised), except as otherwise provided in this National Constitution.
Labor-Management Reporting and Disclosure Act of 1959, As Amended
TITLE IV – ELECTIONS
Terms of Office; Election Procedures
(29 U.S.C. 481)
SEC. 401.
(a) Every national or international labor organization, except a federation of national or international labor organizations, shall elect its officers not less often than once every five years either by secret ballot among the members in good standing or at a convention of delegates chosen by secret ballot.
(b) Every local labor organization shall elect its officers not less often than once every three years by secret ballot among the members in good standing.
(c) Every national or international labor organization, except a federation of national or international labor organizations, and every local labor organization, and its officers, shall be under a duty, enforceable at the suit of any bona fide candidate for office in such labor organization in the district court of the United States in which such labor organization maintains its principal office, to comply with all reasonable requests of any candidate to distribute by mail or otherwise at the candidate’s expense campaign literature in aid of such person’s candidacy to all members in good standing of such labor organization and to refrain from discrimination in favor of or against any candidate with respect to the use of lists of members, and whenever such labor organizations or its officers authorize the distribution by mail or otherwise to members of campaign literature on behalf of any candidate or of the labor organization itself with reference to such election, similar distribution at the request of any other bona fide candidate shall be made by such labor organization and its officers, with equal treatment as to the expense of such distribution. Every bona fide candidate shall have the right, once within 30 days prior to an election of a labor organization in which he is a candidate, to inspect a list containing the names and last known addresses of all members of the labor organization who are subject to a collective bargaining agreement requiring membership therein as a condition of employment, which list shall be maintained and kept at the principal office of such labor organization by a designated official thereof. Adequate safeguards to insure a fair election shall be provided, including the right of any candidate to have an observer at the polls and at the counting of the ballots.
(d) Officers of intermediate bodies, such as general committees, system boards, joint boards, or joint councils, shall be elected not less often than once every four years by secret ballot among the members in good standing or by labor organization officers representative of such members who have been elected by secret ballot.
(e) In any election required by this section which is to be held by secret ballot a reasonable opportunity shall be given for the nomination of candidates and every member in good standing shall be eligible to be a candidate and to hold office (subject to section 504 and to reasonable qualifications uniformly imposed) and shall have the right to vote for or otherwise support the candidate or candidates of his choice, without being subject to penalty, discipline, or improper interference or reprisal of any kind by such organization or any member thereof. Not less than fifteen days prior to the election notice thereof shall be mailed to each member at his last known home address. Each member in good standing shall be entitled to one vote. No member whose dues have been withheld by his employer for payment to such organization pursuant to his voluntary authorization provided for in a collective bargaining agreement shall be declared ineligible to vote or be a candidate for office in such organization by reason of alleged delay or default in the payment of dues. The votes cast by members of each local labor organization shall be counted, and the results published, separately. The election officials designated in the constitution and bylaws or the secretary, if no other official is designated, shall preserve for one year the ballots and all other records pertaining to the election. The election shall be conducted in accordance with the constitution and bylaws of such organization insofar as they are not inconsistent with the provisions of this title.
(f) When officers are chosen by a convention of delegates elected by secret ballot, the convention shall be conducted in accordance with the constitution and bylaws of the labor organization insofar as they are not inconsistent with the provisions of this title. The officials designated in the constitution and bylaws or the secretary, if no other is designated, shall preserve for one year the credentials of the delegates and all minutes and other records of the convention pertaining to the election of officers.
(g) No moneys received by any labor organization by way of dues, assessment, or similar levy, and no moneys of an employer shall be contributed or applied to promote the candidacy of any person in an election subject to the provisions of this title. Such moneys of a labor organization may be utilized for notices, factual statements of issues not involving candidates, and other expenses necessary for the holding of an election.
(h) If the Secretary, upon application of any member of a local labor organization, finds after hearing in accordance with the Administrative Procedure Act that the constitution and bylaws of such labor organization do not provide an adequate procedure for the removal of an elected officer guilty of serious misconduct, such officer may be removed, for cause shown and after notice and hearing, by the members in good standing voting in a secret ballot conducted by the officers of such labor organization in accordance with its constitution and bylaws insofar as they are not inconsistent with the provisions of this title.
(i) The Secretary shall promulgate rules and regulations prescribing minimum standards and procedures for determining the adequacy of the removal procedures to which reference is made in subsection (h).