Preview
FILED: NASSAU COUNTY CLERK 11/20/2023 06:45 PM INDEX NO. 618764/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
Exhibit A
FILED: NASSAU COUNTY CLERK 11/20/2023 06:45 PM INDEX NO. 618764/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
FILED: NASSAU COUNTY INDEX
CLERK NO.11/20/2023
618764/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
Greetings:
The Constitution of the UAW is the highest law of our
union. It provides the foundation for the day-to-day
operations of our great union, and equally important, it sets
forth the rights, guarantees and responsibilities of all UAW
members and leaders. It ensures that the unwavering power of
democracy is at the forefront of our collective and individual
actions.
The UAW’s Constitution enshrines our union’s longstanding
values and agreed vision of a society that embraces and
implements economic and social justice for all people. As our
governing document, the UAW Constitution unites every
member in solidarity and strengthens our union at every level.
We are proud of our Constitution and our shared power to
adopt and abide by these guiding principles and
fundamental values that perpetuate our proud legacy and
determine our union’s path and its future.
This document, adopted at the UAW’s 38th Constitutional
Convention, reminds us that we are all called to participate
meaningfully in making positive decisions affecting our
communities, our union, and our nation. We urge you to
carefully study our Constitution and apply its principles as a
proud member of a great democratic union and as an engaged
citizen in a democratic society.
In Solidarity,
UAW International Executive Board
/si/opeiu494
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NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
CONSTITUTION
of the
INTERNATIONAL UNION
United Automobile,
Aerospace and
Agricultural Implement
Workers of America,
UAW
Adopted at the 38th
UAW Constitutional Convention
Detroit, Michigan
July 2022
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NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
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TABLE OF CONTENTS
Article Page
Preamble..............................................................................................3
1. Name....................................................................................................5
2. Objects.................................................................................................5
3. Constitution........................................................................................6
4. International Union Headquarters...................................................7
5. Jurisdiction..........................................................................................7
6. Membership........................................................................................7
7. Powers of Administration...............................................................12
8. Conventions......................................................................................13
9. Political Requirements of Union Officials.....................................22
10. Officers and Elections......................................................................22
11. Salaries...............................................................................................30
12. Duties of the International Executive Board................................33
13. Duties of International Officers......................................................38
14. International Representatives.........................................................43
15. Fiscal Year..........................................................................................44
16. Initiation Fees and Dues..................................................................44
17. Honorable Withdrawal Transfer Cards.........................................56
18. Unemployment and Welfare...........................................................59
19. Contracts and Negotiations............................................................59
20. National and Corporation Bargaining Councils..........................61
21. National and Regional Wage-Hour Conferences.........................62
22. National and Regional Wage-Hour Councils...............................63
23. Community Action Program Councils.........................................65
24. Competitive Shop Department......................................................68
25. Research Department......................................................................69
26. Civil and Human Rights Department...........................................70
27. Education Department....................................................................71
28. Family Education Center Department..........................................72
29. Communications..............................................................................73
30. Charges and Trials of International Officers.................................74
31. Trials of Members.............................................................................77
32. Public Review Board........................................................................87
33. Appeals...............................................................................................91
34. District Councils.............................................................................101
35. Amalgamated Local Unions..........................................................102
36. Local Union Charters and Subordinate Bodies..........................103
37. Duties and Powers of Subordinate Bodies..................................109
38. Local Union Officers......................................................................111
39. Installation Ceremony....................................................................116
40. Duties of Local Union Officers.....................................................117
41. Duties of Local Union Members..................................................122
42. Opening and Closing Ceremonies...............................................122
43. Initiation Ceremony.......................................................................123
44. Local Union Committees..............................................................123
45. Stewards and Committeepersons.................................................124
46. Local Union Finances....................................................................125
47. Local Union Dues..........................................................................125
48. Local Union Audits........................................................................126
49. Fraud in Local Union Elections...................................................129
50. Strikes...............................................................................................129
51. Board of International Trustees....................................................132
52. Family Auxiliaries...........................................................................132
53. Canadian Local Unions.................................................................134
54. Union Label.....................................................................................135
55. Retirees.............................................................................................136
Ethical Practices Codes..................................................................140
Subject Index...................................................................................145
Interpretations.................................................................................176
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NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
FILED: NASSAU COUNTY INDEX
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NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
CONSTITUTION
of the International Union
United Automobile, Aerospace and Agricultural Implement
Workers of America, UAW
Note: Amendments adopted by the 2022 Constitutional
Convention appear in bold type. Where a portion of a section has
been deleted, the entire section, as amended, appears in bold type.
The 2022 Convention provided that where the meaning of one article
is changed, all related articles are automatically changed to carry out
the intent of the change.
PREAMBLE
We hold these truths to be self-evident; expressive of the
ideals and hopes of the workers who come under the jurisdiction
of this INTERNATIONAL UNION, UNITED AUTOMOBILE,
AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS
OF AMERICA (UAW): “that all people are created equal, that
they are endowed by their Creator with certain inalienable rights,
that among these are life, liberty and the pursuit of happiness. That
to secure these rights, governments are instituted among people,
deriving their just powers from the consent of the governed.” Within
the orderly processes of such government lies the hope of the worker
in advancing society toward the ultimate goal of social and economic
justice.
The precepts of democracy require that workers through their
union participate meaningfully in making decisions affecting their
welfare and that of the communities in which they live.
Managerial decisions have far reaching impact upon the quality
of life enjoyed by the workers, the family, and the community.
Management must recognize that it has basic responsibilities to
advance the welfare of the workers and the whole society and not
alone to the stockholders. It is essential, therefore, that the concerns
of workers and of society be taken into account when basic managerial
decisions are made.
The structure of work established by management is designed to
make of the workers an adjunct to the tool rather than its master.
This, coupled with the authoritarian climate of the workplace, robs
the worker of their dignity as an adult human being. This belies the
democratic heritage we cherish as citizens in a society rooted in
democratic values.
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Essential to the UAW’s purpose is to afford the opportunity for
workers to master their work environment; to achieve not only
improvement in their economic status but, of equal importance,
to gain from their labors a greater measure of dignity, of self-
fulfillment and self-worth.
Workers must also participate meaningfully in political and
legislative action because government impacts importantly on their
lives and on their communities. If government is to be the means by
which people achieve a humanitarian and equitable society, it must
be a responsible and accountable government.
Therefore, the UAW has the duty and responsibility to promote
real and meaningful participatory democracy through its members
and their families, so that free people and their institutions may be
heard in the councils of government and so that officeholders are
guided by principle alone.
To achieve these wholesome objectives:
• The UAW’s elected leaders must demonstrate a commitment
to transparency, democratic participation and communication, to
ensure the voices of rank-and-file UAW members are heard at all
levels of our union’s governance;
• Management must accept union organization and collective
bargaining as an essential and constructive force in our democratic
society;
• The workers must be provided a meaningful voice in maintaining
a safe and healthful workplace with decent working conditions, and
must enjoy secured rights, together with a satisfactory standard of
living and maximum job security;
• The workers must have a voice in their own destiny and the
right to participate in making decisions that affect their lives before
such decisions are made;
• The UAW must play an active role at all levels of government
to protect the lives and rights of its members and their families. We
must work constantly on the political and legislative problems facing
the whole society;
• Union members must take seriously their responsibilities as
citizens and work, through their union and individually, to realize the
goals of participatory democracy and responsible and accountable
government.
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Art. 1-2
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
1 ARTICLE 1
2 Name
3 This Organization shall be known as the “International Union,
4 UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL
5 IMPLEMENT WORKERS OF AMERICA (UAW),” hereinafter
6 referred to as the International Union. This document shall be
7 officially known as the Constitution and Bylaws of said International
8 Union, and it shall also be the Constitution of every affiliated
9 subordinate body.
10 ARTICLE 2
11 Objects
12 Section 1. To improve working conditions, create a uniform
13 system of shorter hours, higher wages, health care and pensions; to
14 maintain and protect the interests of workers under the jurisdiction
15 of this International Union.
16 Section 2. To unite in one organization, regardless of religion,
17 race, creed, color, sex, political affiliation or nationality, age,
18 disability, marital status or sexual orientation, gender identity or
19 gender expression, all employees under the jurisdiction of this
20 International Union. This Constitution shall use gender neutral
21 language and pronouns throughout whenever feasible.
22 Section 3. To improve the sanitary and working conditions
23 of employment within the workplace and in the accomplishment
24 of these necessary reforms, we pledge ourselves to utilize the
25 conference room and joint agreements; or if these fail to establish
26 justice for the workers under the jurisdiction of this International
27 Union, to advocate and support strike action.
28 Section 4. To educate our membership in the history of the
29 Labor Movement and to develop and maintain an intelligent
30 and dignified membership; to vote and work for the election of
31 candidates and the passage of improved legislation in the interest
32 of all labor. To enforce existing laws; to work for the repeal of those
33 which are unjust to Labor; to work for legislation on a national
34 scale, having as its object the establishment of real social and
35 unemployment insurance, the expense of which to be borne by the
36 employer and the Government.
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Art. 2-3
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
1 Section 5. To engage in legislative, political, educational, civic,
2 welfare and other activities which further, directly or indirectly,
3 the joint interests of the membership of this organization in the
4 improvement of general economic and social conditions in the
5 United States of America, Canada, the Commonwealth of Puerto
6 Rico and generally in the nations of the world.
7 Section 6. (a) To work as an autonomous International Union
8 affiliated with the Canadian Labour Congress (CLC), American
9 Federation of Labor and Congress of Industrial Organizations
10 (AFL-CIO) together with other International Unions, for
11 solidification of the entire Labor Movement; provided, however,
12 that the International Executive Board may at any time alter
13 the Union’s relationship to such bodies in any way it deems
14 appropriate. To provide assistance, financial and otherwise, to
15 labor and other organizations in the United States, Canada and
16 other parts of the world having purpose and objectives similar or
17 related to those sought by this organization.
18 (b) The International Executive Board is authorized to take
19 whatever action is required to enable the UAW to mobilize, assist
20 and work with other organizations, alone or in combination,
21 toward the objective of meeting the urgent problems which
22 confront society and the Labor Movement in this 21ST Century
23 period of rapid and accelerating technological and social change.
24 (c) The International Union shall seek to affiliate groups of
25 employees, whether by agreement or merger. To do so, and better
26 accomplish this objective, the International Executive Board is
27 authorized to allow necessary deviations from specific provisions
28 of this Constitution, provided however, that any such affiliations
29 must be ratified not later than the next regular convention.
30 ARTICLE 3
31 Constitution
32 This Constitution as amended at the Detroit, Michigan
33 Convention convened on July 25, 2022 and as may hereafter be
34 amended, shall be the supreme law of the International Union,
35 UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL
36 IMPLEMENT WORKERS OF AMERICA (UAW), and can be
37 amended only by a majority vote of the delegates at succeeding
38 regular Constitutional or Special Conventions.
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Art. 4-6
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
1 ARTICLE 4
2 International Union Headquarters
3 The headquarters of the International Union shall be Solidarity
4 House, 8000 East Jefferson Avenue, in the City of Detroit, State of
5 Michigan 48214.
6 ARTICLE 5
7 Jurisdiction
8 The International Union, United Automobile, Aerospace
9 and Agricultural Implement Workers of America (UAW), shall
10 take in and hold jurisdiction over all employees in workplaces
11 engaged in the manufacture of parts (including tools, dies, etc.),
12 and the assembly of these parts into farm, automobile, automotive
13 propelled products, aerospace and agricultural implements,
14 including employees engaged in office work, sales, distribution
15 and maintenance thereof. Its jurisdiction shall also encompass
16 higher education, service, technical, office and/or professional
17 workplaces, whether public or private, and gaming establishments
18 and others as the International Executive Board shall decide. The
19 jurisdiction of this International Union shall be full and final.
20 ARTICLE 6
21 Membership
22 Section 1. The International Union shall be composed of
23 workers eligible for membership in the International Union,
24 UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL
25 IMPLEMENT WORKERS OF AMERICA (UAW).
26 Section 2. (a) Any person eligible to become a member of the
27 International Union who is not affiliated with any organization
28 whose principles and philosophy are contrary to those of
29 this International Union as outlined in the Preamble of this
30 Constitution, may apply for membership to the Local Union having
31 jurisdiction over the workplace in which they are employed. The
32 applicant must, at the time of application, be an actual worker in
33 and around the workplace. All applicants for membership in any
34 Local Union of the International Union shall fill out an official
35 application provided by the International Union, answering all
36 questions contained in such application, and sign a promise to
37 abide by all laws, rules and regulations and the Constitution of
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Art. 6
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
1 the International Union. All applications thus received shall be
2 referred to the Local Union for consideration and shall be acted
3 upon as soon as possible, but not later than sixty (60) days from
4 the date the application is received by the Financial Secretary of
5 the Local Union.
6 (b) Notwithstanding any other provisions in this Constitution,
7 applicants working for unorganized employers, or in those units
8 not yet under the jurisdiction of a UAW Local Union may become
9 members of the International Union directly by signing an
10 application for membership in a form approved by the International
11 Executive Board and by the payment of the sum of one dollar
12 ($1.00) (or such other amount determined by the International
13 Executive Board), toward initiation fees and dues. Once a Local
14 Union is chartered in, or awarded jurisdiction over the unit in
15 which such member is working, they shall automatically become
16 a member of that Local Union.
17 Section 3. Notwithstanding any other provisions of this
18 Constitution, whenever an International Officer or International
19 Representative is a member of a Local Union which is disbanded
20 or goes out of existence, or whose charter is revoked, said Officer
21 or International Representative may apply for membership in
22 another Local Union in the same region. If accepted as a member
23 by membership action of such Local Union, the International
24 Officer or International Representative shall be considered to have
25 remained in continuous good standing in the International Union
26 during the period between the cessation of the existence of their
27 original Local Union and their acceptance by the membership of
28 the new Local Union.
29 Section 4. Upon acceptance of the application, membership
30 shall date from the first day of the month for which dues are paid
31 or dues check-off is authorized.
32 Section 5. Applications for membership rejected by the Local
33 Union shall not be reconsidered until thirty (30) days have elapsed.
34 Section 6. Unless waived by the Local Union, or unit of an
35 Amalgamated Local, any candidate failing to present themself for
36 initiation within four (4) weeks after notification of their being
37 accepted to membership without good and sufficient reason being
38 given, shall forfeit all money paid by them.
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Art. 6
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
1 Section 7. The original application signed by each member
2 shall be retained electronically by the Local Union for its record.
3 An official receipt shall be given to each new member for all monies
4 paid. An electronic record of that official receipt shall be retained
5 by the Local Union Information System (LUIS). This electronic
6 record shall be made available to the International Union. A
7 receipt shall be given to the member and the electronic record of
8 receipt retained by the Local Union.
9 Section 8. No new member will be recorded at the International
10 Office nor will initiation fee or per capita tax be accepted for new
11 members until a monthly report is received from the Financial
12 Secretary of the Local Union and the new member information
13 has been entered into the Local Union Information System (LUIS).
14 Section 9. Any Local Union or International Union Trial
15 Committee expelling any member for cause shall notify the
16 International Secretary-Treasurer and the latter shall notify
17 all Local Unions of this fact forthwith. A person who has been
18 suspended or expelled by any Local Union or International Union
19 Trial Committee shall not be eligible for membership in any other
20 Local Union until all claims or charges against such person have
21 been satisfactorily settled with the Local Union or International
22 Union Trial Committee suspending or expelling and written
23 notice to this effect furnished the Local Union to which such
24 person seeks admission.
25 Section 10. No member shall be allowed to hold membership
26 in more than one (1) Local Union of the International Union at
27 the same time, except by permission of the International Executive
28 Board. No member of the Union who is fully employed in one (1)
29 workplace under the jurisdiction of the UAW shall accept work
30 in any other workplace under the jurisdiction of the UAW. Any
31 member violating this Section may be subjected to charges of
32 conduct unbecoming a union member.
33 The above shall not apply in the case of members of a Local
34 Union or unit of an Amalgamated Local Union who are conducting
35 an authorized strike and have received written approval from the
36 Local Union officers to obtain employment elsewhere.
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Art. 6
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
1 Section 11. No application shall be accepted from the one
2 designated as the head of a department, directing company policy
3 or having the authority to hire and discharge workers. Members
4 of the Union who are promoted to such positions shall be issued
5 a withdrawal card immediately by the Local Union in conformity
6 with Article 17 of this Constitution. Members promoted to minor
7 positions where they work with their fellow workers and do not
8 have the power of discipline by hiring or discharging employees
9 may retain their membership in the Local Union at the discretion
10 of the Local Union.
11 Section 12. The names of all applicants for admission about
12 whose applications there is the least doubt may be published in
13 the “official publication.” No applicants whose names have been
14 published shall be received into membership until thirty (30)
15 days after the date of such publication. However, applications for
16 membership from an unorganized or newly organized workplace
17 shall be held in confidence.
18 Section 13. Any member in good standing who shall have
19 become totally incapacitated by accident or illness may, at
20 the discretion of their Local Union, be granted a gratuitous
21 membership, continuing during incapacity. Appropriate cards
22 denoting such membership shall be available through the Local
23 Union Information System (LUIS).
24 Section 14. All members of the Local Union are also members
25 of this International Union and subject to the orders, rulings and
26 decisions of this International Union and the properly constituted
27 authorities of the same.
28 Section 15. The International Union and the Local Union to
29 which the member belongs shall be their exclusive representative
30 for the purpose of collective bargaining in respect to rates of pay,
31 wages, hours of employment or other conditions of employment;
32 and for the negotiation and execution of contracts with employers
33 covering all such matters, including contracts requiring
34 membership or the continuance of membership in the Union
35 as a condition of employment or continued employment; and
36 contracts requiring the employer to deduct, collect, or assist in
37 collecting from their wages any dues, initiation fees, reinstatement
38 fees, payable to the International Union or their Local Union.
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Art. 6
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
1 Section 16. The International Union and the Local Union to
2 which the member belongs, and each of them, are by the member
3 irrevocably designated, authorized and empowered exclusively
4 to appear and act for the member and on their behalf before any
5 board, court, committee or other tribunal in any matter affecting
6 their status as an employee or as a member of their Local Union
7 or the International Union; and exclusively to act as the member’s
8 agent to represent and bind them in the presentation, prosecution,
9 adjustment and settlement of all grievances, complaints or disputes
10 of any kind or character arising out of the employer- employee
11 relationship, as fully and to all intents and purposes as they might
12 or could do if personally present.
13 Section 17. A member of a Local Union may resign or
14 terminate membership only by written communication, signed by
15 the member, to the Financial Secretary of the Local Union, and
16 such resignation or termination of membership shall be effective
17 upon receipt by the Financial Secretary of the Local Union;
18 provided that if the employer of such person has been authorized
19 by such person individually or by the Collective Bargaining
20 Agreement between the employer and the Local Union to check
21 off any amounts from the wages of such person, such resignation
22 or termination of membership shall not relieve such person from
23 the obligations arising from such check off obligation. (See Special
24 Note p. 166.)
25 Section 18. A member who resigns or terminates their
26 membership shall have no right or interest in any property of the
27 Local Union or of the International Union, including any dues or
28 other financial obligations paid by the member in advance of the
29 effective date of such resignation or termination.
30 Section 19. Any member in good standing who is retired,
31 shall be entitled to a “retired membership status” which, without
32 being required to pay membership dues during the period of such
33 retirement, shall entitle them to all of the privileges of membership
34 except the right to vote in elections conducted pursuant to Article
35 19, Section 3; Article 45, Section 2; and Article 50, Sections 1
36 and 5. Appropriate cards denoting such membership status shall
37 be prepared by the International Union and furnished to Local
38 Unions upon request and at cost. The regular withdrawal-transfer
39 provisions of this Constitution shall be applicable if such retired
40 member returns to active employment.
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Art. 6-7
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
1 Section 20. Non-members covered by an agency shop clause
2 in a UAW contract shall receive all the material benefits to which
3 members are entitled but shall not be allowed other membership
4 participation in the affairs of the Union.
5 Membership in the Union shall be at all times available to such
6 non-members on the same terms and conditions applicable to
7 other members.
8 ARTICLE 7
9 Powers of Administration
10 Section 1. The International Union shall be governed by its
11 membership in the following manner:
12 (a) The highest tribunal shall be the International
13 Convention composed of delegates democratically elected by the
14 membership of Local Unions.
15 (b) Between Conventions the highest authority shall be
16 the International Executive Board. The Board shall hold regular
17 quarterly meetings and such special meetings as are required.
18 (c) Between meetings of the International Executive
19 Board the administrative authority of the International Union
20 shall be vested in the International President. The International
21 President shall be responsible to the International Executive
22 Board for the administration of the Union between International
23 Executive Board meetings, according to the Constitution, the
24 actions of the International Convention and the decisions of
25 the International Executive Board. On all matters of major
26 importance the International President shall consult the other
27 International Executive Officers. The International President
28 shall report their actions to the International Executive Board
29 for its approval or rejection.
30 (d) In the case of the incapacity of the International
31 President, their powers and duties shall be assumed by an Officer of
32 the International Union who shall be selected by the International
33 Executive Board.
34 Section 2. To achieve the objectives and purposes of this
35 organization as set forth in this Constitution, the funds of this
36 organization are authorized to be managed, invested, expended or
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Art. 7-8
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
1 used under this Article and Constitution not only for the purposes
2 and objectives expressly set forth in Article 2 and otherwise in this
3 Constitution, but also for any additional purposes and objectives
4 not inconsistent therewith as may be contained at any time in
5 the resolutions and programs adopted and/or ratified by any
6 International Convention or which the International Executive
7 Board believes will further the general interest and welfare of the
8 membership of this organization or any substantial part thereof.
9 ARTICLE 8
10 Conventions
11 Section 1. The 39th Constitutional Convention shall be held
12 during the month of June, 2026, provided that the date of holding
13 such Convention may be advanced or delayed two (2) months
14 upon a resolution to that effect adopted by the International
15 Executive Board.
16 Section 2. The business of the International Convention shall
17 proceed in the following order unless otherwise ordered by the
18 Convention:
19 (1) Call to Order.
20 (2) Report on Credentials.
21 (3) Reading of Convention Rules.
22 (4) Appointing Committees.
23 (5) Communications and Bills.
24 (6) Resolutions, etc.
25 (7) Reports of Committees.
26 (8) Report of Officers and International Executive Board.
27 (9) Nomination of Officers and nomination and election
28 of International Trustee.
29 (10) Unfinished Business.
30 (11) New Business.
31 (12) Adjournment.
32 Section 3. Twenty-five (25) percent of all of the delegates
33 seated at any International Convention shall constitute a
34 quorum. No business shall come before or be considered by the
35 Convention at any session unless a quorum is present. In the event
36 the Chairperson of the Convention is unable to obtain a quorum
37 on the last day of the Convention, all unfinished business of the
38 Convention shall be referred to the International Executive Board.
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Art. 8
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023
1 Section 4. Special Conventions of the International Union shall
2 be called by the International President: (1) When so instructed
3 by a two-thirds (2/3) vote of the International Executive Board or
4 in the event of the failure of the International President to do so,
5 by such other Board Members as the Board may designate; (2) by
6 a referendum vote of the membership initiated upon the written
7 request of at least fifteen (15) Local Unions from five (5) different
8 states or provinces having an aggregate membership of not less
9 than twenty (20) percent of the total membership as reported to
10 the preceding Convention. The Local Unions demanding a Special
11 Convention must state the reason or reasons why such Convention
12 is desired, the place and date for the Convention and the dates
13 for mailing out and returning the ballots. It shall be the duty of
14 the International President, or the person designated by the
15 International Executive Board, to send out the Call, to state such
16 reason or reasons and the place and dates involved in transmitting
17 the proposal to Local Unions for a referendum vote. The reasons
18 for and against such Convention shall be published and forwarded
19 to all Local Unions. Such Convention shall not have authority to
20 consider any matter other than that which is specifically stated in
21 the Call to the Convention. It shall be mandatory that all Local
22 Unions hold a secret vote on the question of calling a Special
23 Convention. All Local Unions shall vote their decision on the
24 question involved, through Local Union procedure, by secret
25 ballot. Local Union election boards shall tabulate the ballots
26 and send the Local Union’s vote to the International Secretary-
27 Treasurer, who, within thirty (30) days after the setting of a
28 deadline of a return date, shall publish the “yes” and “no” vote
29 of each Local Union in the “official publication.” If a majority of
30 all the members voting in all Local Unions is in favor of a Special
31 Convention, a Special Convention shall be mandatory. When the
32 International Executive Board has directed the calling of a Special
33 Convention pursuant to the provisions of (1) the first sentence of
34 this Section, the delegates from each Local Union who had been
35 elected to the preceding regular Constitutional Convention shall
36 serve as delegates to the Special Convention. Each Local Union
37 shall carry the same total vote as it carried at such previous regular
38 Constitutional Convention. If the purpose, or one of the purposes,
39 of a Special Convention is collective bargaining policies, the
40 President (and Bargaining/Negotiating Committee Chairperson,
41 if it is a different individual), if not delegates under this provision
42 may, by Local Union membership action, be made special
43 delegates at such Special Convention with the right to be present
44 on the Convention floor with voice but without any vote. Under
45 the same circumstances in units of Amalgamated Local
14
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1 Unions, with membership in excess of one thousand (1,000),
2 the Unit Chairperson may, by unit membership action, be
3 made such a special delegate. If there are vacancies in the voting
4 delegation, they shall be filled in the following manner:
5 (a) By alternates where the same were elected to the
6 preceding regular Constitutional Convention;
7 (b) If the number of delegates is insufficient after applying
8 (a), by reapportioning the votes of the Local Union among the
9 remaining delegates to the extent permitted by Section 7 of this
10 Article;
11 (c) If the number of delegates is insufficient after applying
12 (a) and (b) and the purpose or one of the purposes, of the Special
13 Convention is collective bargaining policies, by including any
14 special delegates which the Local Union or unit membership
15 may have provided for in accordance with this paragraph, with
16 the President of the Local Union to precede the Bargaining/
17 Negotiating Committee Chairperson;
18 (d) If the number of delegates is insufficient after applying
19 (a), (b) and (c), by electing additional delegates, these additional
20 delegates to be nominated and elected by secret ballot at successive
21 membership meetings; the required notices for such nomination and
22 election being those set forth in Sections 22, 23 and 24 of this Article.
23 This foregoing procedure shall be disregarded in the event of
24 any Special Convention directed to be called by referendum vote
25 pursuant to (2) of the first sentence of this Section, in which event
26 the vote of each Local Union and the election of delegates from
27 each Local Union shall be the same as provided for in this Article
28 for regular Constitutional Conventions; except that in applying
29 Section 9 of this Article to determine the average monthly per
30 capita taxes paid by a Local Union, a twenty-four (24) month
31 period concluding with the sixth (6th) month prior to the month
32 in which the Special Convention is to convene shall be used.
33 Section 5. Each Local Union shall have one (1) delegate for two
34 hundred (200) members or less and one (1) additional delegate for
35 the next three hundred (300) members or major fraction thereof,
36 and one (1) additional delegate for each additional eight hundred
37 (800) members or major fraction thereof, except Amalgamated
38 Local Unions which elect as many delegates as they have units who
39 average two hundred (200) dues-paying members or more, and
15
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1 that those units who have two hundred (200) members or more
2 may elect their own delegates to the Convention and those with
3 less than two hundred (200) shall be grouped together and vote as a
4 miscellaneous group. In the event the miscellaneous group within
5 an Amalgamated Local Union has less than two hundred (200), the
6 International Secretary-Treasurer shall allocate such membership
7 to some other unit of the Local Union in such a manner as will
8 result in the maximum number of delegates.
9 Section 6. Each unit of an Amalgamated Local Union shall be
10 allotted its share of the number of delegates in proportion to the
11 amount of per capita tax paid by the unit through the Amalgamated
12 Local Union. Any fractions remaining from the units following
13 such allocations shall be allotted to the Local Union’s Joint
14 Council, where such body exists. Delegates representing the total
15 of all fractions shall be elected on the basis of one (1) for each eight
16 hundred (800) or major fraction thereof. Any member of the Local
17 Union who has qualified may be nominated and elected by the
18 Joint Council, provided the member has not accepted nomination
19 in their unit. In order to be eligible for nomination as a delegate
20 representing a unit of an Amalgamated Local Union, they must be
21 a member of such unit.
22 Section 7. Each Local Union shall have one (1) vote for the
23 first one hundred (100) members or less and one (1) additional
24 vote for each additional one hundred (100) members or major
25 fraction thereof, but no delegate shall have more than eight (8)
26 votes. The votes shall be equally apportioned among the elected
27 delegates of each Local Union, except that an Amalgamated Local
28 Union may apportion its votes in such manner as the Local Union
29 decides with no delegate having more than eight (8) votes. The
30 total number of votes of the units of an Amalgamated Local Union
31 shall not exceed the total votes which the Local Union is entitled to
32 under Section 9 of this Article of the Constitution.
33 Section 8. Local Unions may elect alternate delegates if they
34 so desire. The number of alternates may be less but not more than
35 the number of regular delegates. Local Unions shall determine
36 the manner and order in which an alternate will replace a regular
37 delegate and shall so advise the Credentials Committee. Regular
38 delegates may be replaced only if recalled by their Local Union in
39 the manner they were elected or if unable to serve.
16
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1 Section 9. The number of members in each Local Union, for
2 the purpose of this Article, shall be determined by the average
3 number of monthly per capita taxes paid by the Local Union to the
4 International Union for the period from and including the sixth
5 month preceding that in which the last quadrennial Convention
6 was held to not less than six (6) months nor more than seven (7)
7 months prior to the next Convention for which representation is
8 to be determined. Per capita from Local Unions shall be accepted
9 in the regular manner.
10 Local Unions or units of Amalgamated Local Unions which
11 have engaged in authorized strikes or in lockouts shall have their
12 representation to the International Convention determined by having
13 subtracted from the base period the months of such authorized strikes
14 or lockouts in which the membership of the Local Union or unit of an
15 Amalgamated Local Union did not work in the workplace forty (40)
16 or more hours.
17 Section 10. Not less than ninety (90) days previous to the
18 convening of the Regular Convention, the International Secretar
Preview
FILED: NASSAU COUNTY CLERK 11/20/2023 06:45 PM INDEX NO. 618764/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 Exhibit A FILED: NASSAU COUNTY CLERK 11/20/2023 06:45 PM INDEX NO. 618764/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 Greetings: The Constitution of the UAW is the highest law of our union. It provides the foundation for the day-to-day operations of our great union, and equally important, it sets forth the rights, guarantees and responsibilities of all UAW members and leaders. It ensures that the unwavering power of democracy is at the forefront of our collective and individual actions. The UAW’s Constitution enshrines our union’s longstanding values and agreed vision of a society that embraces and implements economic and social justice for all people. As our governing document, the UAW Constitution unites every member in solidarity and strengthens our union at every level. We are proud of our Constitution and our shared power to adopt and abide by these guiding principles and fundamental values that perpetuate our proud legacy and determine our union’s path and its future. This document, adopted at the UAW’s 38th Constitutional Convention, reminds us that we are all called to participate meaningfully in making positive decisions affecting our communities, our union, and our nation. We urge you to carefully study our Constitution and apply its principles as a proud member of a great democratic union and as an engaged citizen in a democratic society. In Solidarity, UAW International Executive Board /si/opeiu494 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 CONSTITUTION of the INTERNATIONAL UNION United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Adopted at the 38th UAW Constitutional Convention Detroit, Michigan July 2022 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 TABLE OF CONTENTS Article Page Preamble..............................................................................................3 1. Name....................................................................................................5 2. Objects.................................................................................................5 3. Constitution........................................................................................6 4. International Union Headquarters...................................................7 5. Jurisdiction..........................................................................................7 6. Membership........................................................................................7 7. Powers of Administration...............................................................12 8. Conventions......................................................................................13 9. Political Requirements of Union Officials.....................................22 10. Officers and Elections......................................................................22 11. Salaries...............................................................................................30 12. Duties of the International Executive Board................................33 13. Duties of International Officers......................................................38 14. International Representatives.........................................................43 15. Fiscal Year..........................................................................................44 16. Initiation Fees and Dues..................................................................44 17. Honorable Withdrawal Transfer Cards.........................................56 18. Unemployment and Welfare...........................................................59 19. Contracts and Negotiations............................................................59 20. National and Corporation Bargaining Councils..........................61 21. National and Regional Wage-Hour Conferences.........................62 22. National and Regional Wage-Hour Councils...............................63 23. Community Action Program Councils.........................................65 24. Competitive Shop Department......................................................68 25. Research Department......................................................................69 26. Civil and Human Rights Department...........................................70 27. Education Department....................................................................71 28. Family Education Center Department..........................................72 29. Communications..............................................................................73 30. Charges and Trials of International Officers.................................74 31. Trials of Members.............................................................................77 32. Public Review Board........................................................................87 33. Appeals...............................................................................................91 34. District Councils.............................................................................101 35. Amalgamated Local Unions..........................................................102 36. Local Union Charters and Subordinate Bodies..........................103 37. Duties and Powers of Subordinate Bodies..................................109 38. Local Union Officers......................................................................111 39. Installation Ceremony....................................................................116 40. Duties of Local Union Officers.....................................................117 41. Duties of Local Union Members..................................................122 42. Opening and Closing Ceremonies...............................................122 43. Initiation Ceremony.......................................................................123 44. Local Union Committees..............................................................123 45. Stewards and Committeepersons.................................................124 46. Local Union Finances....................................................................125 47. Local Union Dues..........................................................................125 48. Local Union Audits........................................................................126 49. Fraud in Local Union Elections...................................................129 50. Strikes...............................................................................................129 51. Board of International Trustees....................................................132 52. Family Auxiliaries...........................................................................132 53. Canadian Local Unions.................................................................134 54. Union Label.....................................................................................135 55. Retirees.............................................................................................136 Ethical Practices Codes..................................................................140 Subject Index...................................................................................145 Interpretations.................................................................................176 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 CONSTITUTION of the International Union United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Note: Amendments adopted by the 2022 Constitutional Convention appear in bold type. Where a portion of a section has been deleted, the entire section, as amended, appears in bold type. The 2022 Convention provided that where the meaning of one article is changed, all related articles are automatically changed to carry out the intent of the change. PREAMBLE We hold these truths to be self-evident; expressive of the ideals and hopes of the workers who come under the jurisdiction of this INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW): “that all people are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among people, deriving their just powers from the consent of the governed.” Within the orderly processes of such government lies the hope of the worker in advancing society toward the ultimate goal of social and economic justice. The precepts of democracy require that workers through their union participate meaningfully in making decisions affecting their welfare and that of the communities in which they live. Managerial decisions have far reaching impact upon the quality of life enjoyed by the workers, the family, and the community. Management must recognize that it has basic responsibilities to advance the welfare of the workers and the whole society and not alone to the stockholders. It is essential, therefore, that the concerns of workers and of society be taken into account when basic managerial decisions are made. The structure of work established by management is designed to make of the workers an adjunct to the tool rather than its master. This, coupled with the authoritarian climate of the workplace, robs the worker of their dignity as an adult human being. This belies the democratic heritage we cherish as citizens in a society rooted in democratic values. 3 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 Essential to the UAW’s purpose is to afford the opportunity for workers to master their work environment; to achieve not only improvement in their economic status but, of equal importance, to gain from their labors a greater measure of dignity, of self- fulfillment and self-worth. Workers must also participate meaningfully in political and legislative action because government impacts importantly on their lives and on their communities. If government is to be the means by which people achieve a humanitarian and equitable society, it must be a responsible and accountable government. Therefore, the UAW has the duty and responsibility to promote real and meaningful participatory democracy through its members and their families, so that free people and their institutions may be heard in the councils of government and so that officeholders are guided by principle alone. To achieve these wholesome objectives: • The UAW’s elected leaders must demonstrate a commitment to transparency, democratic participation and communication, to ensure the voices of rank-and-file UAW members are heard at all levels of our union’s governance; • Management must accept union organization and collective bargaining as an essential and constructive force in our democratic society; • The workers must be provided a meaningful voice in maintaining a safe and healthful workplace with decent working conditions, and must enjoy secured rights, together with a satisfactory standard of living and maximum job security; • The workers must have a voice in their own destiny and the right to participate in making decisions that affect their lives before such decisions are made; • The UAW must play an active role at all levels of government to protect the lives and rights of its members and their families. We must work constantly on the political and legislative problems facing the whole society; • Union members must take seriously their responsibilities as citizens and work, through their union and individually, to realize the goals of participatory democracy and responsible and accountable government. 4 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 Art. 1-2 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 1 ARTICLE 1 2 Name 3 This Organization shall be known as the “International Union, 4 UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL 5 IMPLEMENT WORKERS OF AMERICA (UAW),” hereinafter 6 referred to as the International Union. This document shall be 7 officially known as the Constitution and Bylaws of said International 8 Union, and it shall also be the Constitution of every affiliated 9 subordinate body. 10 ARTICLE 2 11 Objects 12 Section 1. To improve working conditions, create a uniform 13 system of shorter hours, higher wages, health care and pensions; to 14 maintain and protect the interests of workers under the jurisdiction 15 of this International Union. 16 Section 2. To unite in one organization, regardless of religion, 17 race, creed, color, sex, political affiliation or nationality, age, 18 disability, marital status or sexual orientation, gender identity or 19 gender expression, all employees under the jurisdiction of this 20 International Union. This Constitution shall use gender neutral 21 language and pronouns throughout whenever feasible. 22 Section 3. To improve the sanitary and working conditions 23 of employment within the workplace and in the accomplishment 24 of these necessary reforms, we pledge ourselves to utilize the 25 conference room and joint agreements; or if these fail to establish 26 justice for the workers under the jurisdiction of this International 27 Union, to advocate and support strike action. 28 Section 4. To educate our membership in the history of the 29 Labor Movement and to develop and maintain an intelligent 30 and dignified membership; to vote and work for the election of 31 candidates and the passage of improved legislation in the interest 32 of all labor. To enforce existing laws; to work for the repeal of those 33 which are unjust to Labor; to work for legislation on a national 34 scale, having as its object the establishment of real social and 35 unemployment insurance, the expense of which to be borne by the 36 employer and the Government. 5 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 Art. 2-3 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 1 Section 5. To engage in legislative, political, educational, civic, 2 welfare and other activities which further, directly or indirectly, 3 the joint interests of the membership of this organization in the 4 improvement of general economic and social conditions in the 5 United States of America, Canada, the Commonwealth of Puerto 6 Rico and generally in the nations of the world. 7 Section 6. (a) To work as an autonomous International Union 8 affiliated with the Canadian Labour Congress (CLC), American 9 Federation of Labor and Congress of Industrial Organizations 10 (AFL-CIO) together with other International Unions, for 11 solidification of the entire Labor Movement; provided, however, 12 that the International Executive Board may at any time alter 13 the Union’s relationship to such bodies in any way it deems 14 appropriate. To provide assistance, financial and otherwise, to 15 labor and other organizations in the United States, Canada and 16 other parts of the world having purpose and objectives similar or 17 related to those sought by this organization. 18 (b) The International Executive Board is authorized to take 19 whatever action is required to enable the UAW to mobilize, assist 20 and work with other organizations, alone or in combination, 21 toward the objective of meeting the urgent problems which 22 confront society and the Labor Movement in this 21ST Century 23 period of rapid and accelerating technological and social change. 24 (c) The International Union shall seek to affiliate groups of 25 employees, whether by agreement or merger. To do so, and better 26 accomplish this objective, the International Executive Board is 27 authorized to allow necessary deviations from specific provisions 28 of this Constitution, provided however, that any such affiliations 29 must be ratified not later than the next regular convention. 30 ARTICLE 3 31 Constitution 32 This Constitution as amended at the Detroit, Michigan 33 Convention convened on July 25, 2022 and as may hereafter be 34 amended, shall be the supreme law of the International Union, 35 UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL 36 IMPLEMENT WORKERS OF AMERICA (UAW), and can be 37 amended only by a majority vote of the delegates at succeeding 38 regular Constitutional or Special Conventions. 6 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 Art. 4-6 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 1 ARTICLE 4 2 International Union Headquarters 3 The headquarters of the International Union shall be Solidarity 4 House, 8000 East Jefferson Avenue, in the City of Detroit, State of 5 Michigan 48214. 6 ARTICLE 5 7 Jurisdiction 8 The International Union, United Automobile, Aerospace 9 and Agricultural Implement Workers of America (UAW), shall 10 take in and hold jurisdiction over all employees in workplaces 11 engaged in the manufacture of parts (including tools, dies, etc.), 12 and the assembly of these parts into farm, automobile, automotive 13 propelled products, aerospace and agricultural implements, 14 including employees engaged in office work, sales, distribution 15 and maintenance thereof. Its jurisdiction shall also encompass 16 higher education, service, technical, office and/or professional 17 workplaces, whether public or private, and gaming establishments 18 and others as the International Executive Board shall decide. The 19 jurisdiction of this International Union shall be full and final. 20 ARTICLE 6 21 Membership 22 Section 1. The International Union shall be composed of 23 workers eligible for membership in the International Union, 24 UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL 25 IMPLEMENT WORKERS OF AMERICA (UAW). 26 Section 2. (a) Any person eligible to become a member of the 27 International Union who is not affiliated with any organization 28 whose principles and philosophy are contrary to those of 29 this International Union as outlined in the Preamble of this 30 Constitution, may apply for membership to the Local Union having 31 jurisdiction over the workplace in which they are employed. The 32 applicant must, at the time of application, be an actual worker in 33 and around the workplace. All applicants for membership in any 34 Local Union of the International Union shall fill out an official 35 application provided by the International Union, answering all 36 questions contained in such application, and sign a promise to 37 abide by all laws, rules and regulations and the Constitution of 7 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 Art. 6 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 1 the International Union. All applications thus received shall be 2 referred to the Local Union for consideration and shall be acted 3 upon as soon as possible, but not later than sixty (60) days from 4 the date the application is received by the Financial Secretary of 5 the Local Union. 6 (b) Notwithstanding any other provisions in this Constitution, 7 applicants working for unorganized employers, or in those units 8 not yet under the jurisdiction of a UAW Local Union may become 9 members of the International Union directly by signing an 10 application for membership in a form approved by the International 11 Executive Board and by the payment of the sum of one dollar 12 ($1.00) (or such other amount determined by the International 13 Executive Board), toward initiation fees and dues. Once a Local 14 Union is chartered in, or awarded jurisdiction over the unit in 15 which such member is working, they shall automatically become 16 a member of that Local Union. 17 Section 3. Notwithstanding any other provisions of this 18 Constitution, whenever an International Officer or International 19 Representative is a member of a Local Union which is disbanded 20 or goes out of existence, or whose charter is revoked, said Officer 21 or International Representative may apply for membership in 22 another Local Union in the same region. If accepted as a member 23 by membership action of such Local Union, the International 24 Officer or International Representative shall be considered to have 25 remained in continuous good standing in the International Union 26 during the period between the cessation of the existence of their 27 original Local Union and their acceptance by the membership of 28 the new Local Union. 29 Section 4. Upon acceptance of the application, membership 30 shall date from the first day of the month for which dues are paid 31 or dues check-off is authorized. 32 Section 5. Applications for membership rejected by the Local 33 Union shall not be reconsidered until thirty (30) days have elapsed. 34 Section 6. Unless waived by the Local Union, or unit of an 35 Amalgamated Local, any candidate failing to present themself for 36 initiation within four (4) weeks after notification of their being 37 accepted to membership without good and sufficient reason being 38 given, shall forfeit all money paid by them. 8 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 Art. 6 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 1 Section 7. The original application signed by each member 2 shall be retained electronically by the Local Union for its record. 3 An official receipt shall be given to each new member for all monies 4 paid. An electronic record of that official receipt shall be retained 5 by the Local Union Information System (LUIS). This electronic 6 record shall be made available to the International Union. A 7 receipt shall be given to the member and the electronic record of 8 receipt retained by the Local Union. 9 Section 8. No new member will be recorded at the International 10 Office nor will initiation fee or per capita tax be accepted for new 11 members until a monthly report is received from the Financial 12 Secretary of the Local Union and the new member information 13 has been entered into the Local Union Information System (LUIS). 14 Section 9. Any Local Union or International Union Trial 15 Committee expelling any member for cause shall notify the 16 International Secretary-Treasurer and the latter shall notify 17 all Local Unions of this fact forthwith. A person who has been 18 suspended or expelled by any Local Union or International Union 19 Trial Committee shall not be eligible for membership in any other 20 Local Union until all claims or charges against such person have 21 been satisfactorily settled with the Local Union or International 22 Union Trial Committee suspending or expelling and written 23 notice to this effect furnished the Local Union to which such 24 person seeks admission. 25 Section 10. No member shall be allowed to hold membership 26 in more than one (1) Local Union of the International Union at 27 the same time, except by permission of the International Executive 28 Board. No member of the Union who is fully employed in one (1) 29 workplace under the jurisdiction of the UAW shall accept work 30 in any other workplace under the jurisdiction of the UAW. Any 31 member violating this Section may be subjected to charges of 32 conduct unbecoming a union member. 33 The above shall not apply in the case of members of a Local 34 Union or unit of an Amalgamated Local Union who are conducting 35 an authorized strike and have received written approval from the 36 Local Union officers to obtain employment elsewhere. 9 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 Art. 6 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 1 Section 11. No application shall be accepted from the one 2 designated as the head of a department, directing company policy 3 or having the authority to hire and discharge workers. Members 4 of the Union who are promoted to such positions shall be issued 5 a withdrawal card immediately by the Local Union in conformity 6 with Article 17 of this Constitution. Members promoted to minor 7 positions where they work with their fellow workers and do not 8 have the power of discipline by hiring or discharging employees 9 may retain their membership in the Local Union at the discretion 10 of the Local Union. 11 Section 12. The names of all applicants for admission about 12 whose applications there is the least doubt may be published in 13 the “official publication.” No applicants whose names have been 14 published shall be received into membership until thirty (30) 15 days after the date of such publication. However, applications for 16 membership from an unorganized or newly organized workplace 17 shall be held in confidence. 18 Section 13. Any member in good standing who shall have 19 become totally incapacitated by accident or illness may, at 20 the discretion of their Local Union, be granted a gratuitous 21 membership, continuing during incapacity. Appropriate cards 22 denoting such membership shall be available through the Local 23 Union Information System (LUIS). 24 Section 14. All members of the Local Union are also members 25 of this International Union and subject to the orders, rulings and 26 decisions of this International Union and the properly constituted 27 authorities of the same. 28 Section 15. The International Union and the Local Union to 29 which the member belongs shall be their exclusive representative 30 for the purpose of collective bargaining in respect to rates of pay, 31 wages, hours of employment or other conditions of employment; 32 and for the negotiation and execution of contracts with employers 33 covering all such matters, including contracts requiring 34 membership or the continuance of membership in the Union 35 as a condition of employment or continued employment; and 36 contracts requiring the employer to deduct, collect, or assist in 37 collecting from their wages any dues, initiation fees, reinstatement 38 fees, payable to the International Union or their Local Union. 10 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 Art. 6 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 1 Section 16. The International Union and the Local Union to 2 which the member belongs, and each of them, are by the member 3 irrevocably designated, authorized and empowered exclusively 4 to appear and act for the member and on their behalf before any 5 board, court, committee or other tribunal in any matter affecting 6 their status as an employee or as a member of their Local Union 7 or the International Union; and exclusively to act as the member’s 8 agent to represent and bind them in the presentation, prosecution, 9 adjustment and settlement of all grievances, complaints or disputes 10 of any kind or character arising out of the employer- employee 11 relationship, as fully and to all intents and purposes as they might 12 or could do if personally present. 13 Section 17. A member of a Local Union may resign or 14 terminate membership only by written communication, signed by 15 the member, to the Financial Secretary of the Local Union, and 16 such resignation or termination of membership shall be effective 17 upon receipt by the Financial Secretary of the Local Union; 18 provided that if the employer of such person has been authorized 19 by such person individually or by the Collective Bargaining 20 Agreement between the employer and the Local Union to check 21 off any amounts from the wages of such person, such resignation 22 or termination of membership shall not relieve such person from 23 the obligations arising from such check off obligation. (See Special 24 Note p. 166.) 25 Section 18. A member who resigns or terminates their 26 membership shall have no right or interest in any property of the 27 Local Union or of the International Union, including any dues or 28 other financial obligations paid by the member in advance of the 29 effective date of such resignation or termination. 30 Section 19. Any member in good standing who is retired, 31 shall be entitled to a “retired membership status” which, without 32 being required to pay membership dues during the period of such 33 retirement, shall entitle them to all of the privileges of membership 34 except the right to vote in elections conducted pursuant to Article 35 19, Section 3; Article 45, Section 2; and Article 50, Sections 1 36 and 5. Appropriate cards denoting such membership status shall 37 be prepared by the International Union and furnished to Local 38 Unions upon request and at cost. The regular withdrawal-transfer 39 provisions of this Constitution shall be applicable if such retired 40 member returns to active employment. 11 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 Art. 6-7 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 1 Section 20. Non-members covered by an agency shop clause 2 in a UAW contract shall receive all the material benefits to which 3 members are entitled but shall not be allowed other membership 4 participation in the affairs of the Union. 5 Membership in the Union shall be at all times available to such 6 non-members on the same terms and conditions applicable to 7 other members. 8 ARTICLE 7 9 Powers of Administration 10 Section 1. The International Union shall be governed by its 11 membership in the following manner: 12 (a) The highest tribunal shall be the International 13 Convention composed of delegates democratically elected by the 14 membership of Local Unions. 15 (b) Between Conventions the highest authority shall be 16 the International Executive Board. The Board shall hold regular 17 quarterly meetings and such special meetings as are required. 18 (c) Between meetings of the International Executive 19 Board the administrative authority of the International Union 20 shall be vested in the International President. The International 21 President shall be responsible to the International Executive 22 Board for the administration of the Union between International 23 Executive Board meetings, according to the Constitution, the 24 actions of the International Convention and the decisions of 25 the International Executive Board. On all matters of major 26 importance the International President shall consult the other 27 International Executive Officers. The International President 28 shall report their actions to the International Executive Board 29 for its approval or rejection. 30 (d) In the case of the incapacity of the International 31 President, their powers and duties shall be assumed by an Officer of 32 the International Union who shall be selected by the International 33 Executive Board. 34 Section 2. To achieve the objectives and purposes of this 35 organization as set forth in this Constitution, the funds of this 36 organization are authorized to be managed, invested, expended or 12 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 Art. 7-8 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 1 used under this Article and Constitution not only for the purposes 2 and objectives expressly set forth in Article 2 and otherwise in this 3 Constitution, but also for any additional purposes and objectives 4 not inconsistent therewith as may be contained at any time in 5 the resolutions and programs adopted and/or ratified by any 6 International Convention or which the International Executive 7 Board believes will further the general interest and welfare of the 8 membership of this organization or any substantial part thereof. 9 ARTICLE 8 10 Conventions 11 Section 1. The 39th Constitutional Convention shall be held 12 during the month of June, 2026, provided that the date of holding 13 such Convention may be advanced or delayed two (2) months 14 upon a resolution to that effect adopted by the International 15 Executive Board. 16 Section 2. The business of the International Convention shall 17 proceed in the following order unless otherwise ordered by the 18 Convention: 19 (1) Call to Order. 20 (2) Report on Credentials. 21 (3) Reading of Convention Rules. 22 (4) Appointing Committees. 23 (5) Communications and Bills. 24 (6) Resolutions, etc. 25 (7) Reports of Committees. 26 (8) Report of Officers and International Executive Board. 27 (9) Nomination of Officers and nomination and election 28 of International Trustee. 29 (10) Unfinished Business. 30 (11) New Business. 31 (12) Adjournment. 32 Section 3. Twenty-five (25) percent of all of the delegates 33 seated at any International Convention shall constitute a 34 quorum. No business shall come before or be considered by the 35 Convention at any session unless a quorum is present. In the event 36 the Chairperson of the Convention is unable to obtain a quorum 37 on the last day of the Convention, all unfinished business of the 38 Convention shall be referred to the International Executive Board. 13 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 Art. 8 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 1 Section 4. Special Conventions of the International Union shall 2 be called by the International President: (1) When so instructed 3 by a two-thirds (2/3) vote of the International Executive Board or 4 in the event of the failure of the International President to do so, 5 by such other Board Members as the Board may designate; (2) by 6 a referendum vote of the membership initiated upon the written 7 request of at least fifteen (15) Local Unions from five (5) different 8 states or provinces having an aggregate membership of not less 9 than twenty (20) percent of the total membership as reported to 10 the preceding Convention. The Local Unions demanding a Special 11 Convention must state the reason or reasons why such Convention 12 is desired, the place and date for the Convention and the dates 13 for mailing out and returning the ballots. It shall be the duty of 14 the International President, or the person designated by the 15 International Executive Board, to send out the Call, to state such 16 reason or reasons and the place and dates involved in transmitting 17 the proposal to Local Unions for a referendum vote. The reasons 18 for and against such Convention shall be published and forwarded 19 to all Local Unions. Such Convention shall not have authority to 20 consider any matter other than that which is specifically stated in 21 the Call to the Convention. It shall be mandatory that all Local 22 Unions hold a secret vote on the question of calling a Special 23 Convention. All Local Unions shall vote their decision on the 24 question involved, through Local Union procedure, by secret 25 ballot. Local Union election boards shall tabulate the ballots 26 and send the Local Union’s vote to the International Secretary- 27 Treasurer, who, within thirty (30) days after the setting of a 28 deadline of a return date, shall publish the “yes” and “no” vote 29 of each Local Union in the “official publication.” If a majority of 30 all the members voting in all Local Unions is in favor of a Special 31 Convention, a Special Convention shall be mandatory. When the 32 International Executive Board has directed the calling of a Special 33 Convention pursuant to the provisions of (1) the first sentence of 34 this Section, the delegates from each Local Union who had been 35 elected to the preceding regular Constitutional Convention shall 36 serve as delegates to the Special Convention. Each Local Union 37 shall carry the same total vote as it carried at such previous regular 38 Constitutional Convention. If the purpose, or one of the purposes, 39 of a Special Convention is collective bargaining policies, the 40 President (and Bargaining/Negotiating Committee Chairperson, 41 if it is a different individual), if not delegates under this provision 42 may, by Local Union membership action, be made special 43 delegates at such Special Convention with the right to be present 44 on the Convention floor with voice but without any vote. Under 45 the same circumstances in units of Amalgamated Local 14 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 Art. 8 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 1 Unions, with membership in excess of one thousand (1,000), 2 the Unit Chairperson may, by unit membership action, be 3 made such a special delegate. If there are vacancies in the voting 4 delegation, they shall be filled in the following manner: 5 (a) By alternates where the same were elected to the 6 preceding regular Constitutional Convention; 7 (b) If the number of delegates is insufficient after applying 8 (a), by reapportioning the votes of the Local Union among the 9 remaining delegates to the extent permitted by Section 7 of this 10 Article; 11 (c) If the number of delegates is insufficient after applying 12 (a) and (b) and the purpose or one of the purposes, of the Special 13 Convention is collective bargaining policies, by including any 14 special delegates which the Local Union or unit membership 15 may have provided for in accordance with this paragraph, with 16 the President of the Local Union to precede the Bargaining/ 17 Negotiating Committee Chairperson; 18 (d) If the number of delegates is insufficient after applying 19 (a), (b) and (c), by electing additional delegates, these additional 20 delegates to be nominated and elected by secret ballot at successive 21 membership meetings; the required notices for such nomination and 22 election being those set forth in Sections 22, 23 and 24 of this Article. 23 This foregoing procedure shall be disregarded in the event of 24 any Special Convention directed to be called by referendum vote 25 pursuant to (2) of the first sentence of this Section, in which event 26 the vote of each Local Union and the election of delegates from 27 each Local Union shall be the same as provided for in this Article 28 for regular Constitutional Conventions; except that in applying 29 Section 9 of this Article to determine the average monthly per 30 capita taxes paid by a Local Union, a twenty-four (24) month 31 period concluding with the sixth (6th) month prior to the month 32 in which the Special Convention is to convene shall be used. 33 Section 5. Each Local Union shall have one (1) delegate for two 34 hundred (200) members or less and one (1) additional delegate for 35 the next three hundred (300) members or major fraction thereof, 36 and one (1) additional delegate for each additional eight hundred 37 (800) members or major fraction thereof, except Amalgamated 38 Local Unions which elect as many delegates as they have units who 39 average two hundred (200) dues-paying members or more, and 15 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 Art. 8 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 1 that those units who have two hundred (200) members or more 2 may elect their own delegates to the Convention and those with 3 less than two hundred (200) shall be grouped together and vote as a 4 miscellaneous group. In the event the miscellaneous group within 5 an Amalgamated Local Union has less than two hundred (200), the 6 International Secretary-Treasurer shall allocate such membership 7 to some other unit of the Local Union in such a manner as will 8 result in the maximum number of delegates. 9 Section 6. Each unit of an Amalgamated Local Union shall be 10 allotted its share of the number of delegates in proportion to the 11 amount of per capita tax paid by the unit through the Amalgamated 12 Local Union. Any fractions remaining from the units following 13 such allocations shall be allotted to the Local Union’s Joint 14 Council, where such body exists. Delegates representing the total 15 of all fractions shall be elected on the basis of one (1) for each eight 16 hundred (800) or major fraction thereof. Any member of the Local 17 Union who has qualified may be nominated and elected by the 18 Joint Council, provided the member has not accepted nomination 19 in their unit. In order to be eligible for nomination as a delegate 20 representing a unit of an Amalgamated Local Union, they must be 21 a member of such unit. 22 Section 7. Each Local Union shall have one (1) vote for the 23 first one hundred (100) members or less and one (1) additional 24 vote for each additional one hundred (100) members or major 25 fraction thereof, but no delegate shall have more than eight (8) 26 votes. The votes shall be equally apportioned among the elected 27 delegates of each Local Union, except that an Amalgamated Local 28 Union may apportion its votes in such manner as the Local Union 29 decides with no delegate having more than eight (8) votes. The 30 total number of votes of the units of an Amalgamated Local Union 31 shall not exceed the total votes which the Local Union is entitled to 32 under Section 9 of this Article of the Constitution. 33 Section 8. Local Unions may elect alternate delegates if they 34 so desire. The number of alternates may be less but not more than 35 the number of regular delegates. Local Unions shall determine 36 the manner and order in which an alternate will replace a regular 37 delegate and shall so advise the Credentials Committee. Regular 38 delegates may be replaced only if recalled by their Local Union in 39 the manner they were elected or if unable to serve. 16 FILED: NASSAU COUNTY INDEX CLERK NO.11/20/2023 618764/2023 Art. 8 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/20/2023 1 Section 9. The number of members in each Local Union, for 2 the purpose of this Article, shall be determined by the average 3 number of monthly per capita taxes paid by the Local Union to the 4 International Union for the period from and including the sixth 5 month preceding that in which the last quadrennial Convention 6 was held to not less than six (6) months nor more than seven (7) 7 months prior to the next Convention for which representation is 8 to be determined. Per capita from Local Unions shall be accepted 9 in the regular manner. 10 Local Unions or units of Amalgamated Local Unions which 11 have engaged in authorized strikes or in lockouts shall have their 12 representation to the International Convention determined by having 13 subtracted from the base period the months of such authorized strikes 14 or lockouts in which the membership of the Local Union or unit of an 15 Amalgamated Local Union did not work in the workplace forty (40) 16 or more hours. 17 Section 10. Not less than ninety (90) days previous to the 18 convening of the Regular Convention, the International Secretar