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Resolutions & Amendments

42nd International Convention - Las Vegas, NV (2016)

An Amendment To Define Council To Include Organizing Committee, And Once Established In A Jurisdiction With An Existing Council, Allow Such Council To Be Dissolved Only When Practicable

Amendment No. 6
42nd International Convention
Las Vegas Convention Center
July 18 - 22, 2016
Las Vegas, NV

BE IT RESOLVED:

            That the International Union Constitution, Article IX, Section 25, is amended to read as follows: 

Section 25. Local unions shall affiliate and maintain affiliation with the proper council or councils unless, on application to the International Executive Board, permission is granted the local union not to affiliate with a council or to discontinue affiliation with a council. As used in this Section, the term “council” shall be deemed to include any organizing committee. The appropriate fiscal officer of each local union shall, at the end of each month, remit to the appropriate council financial officer the constitutionally established amounts required for the payment of per capita tax to the council with which the local is affiliated, except as provided in Section 15 of this Article. Per capita tax shall be paid on the number of individual monthly dues payments received by the local during the month, and an amount equal to the basic minimum per capita tax shall be paid by the local union in the same manner for each person making service or other similar payments to the local union in lieu of dues under agency shop or similar provisions. The obligation of a local union to pay per capita tax to the council with which such local is affiliated shall be deemed to have been met if the dues of members of such local, including any payments by persons making service or other similar payments in lieu of dues under agency shop or similar provisions, are paid to such council as provided in Section 11 of this Article.

BE IT FURTHER RESOLVED:

            That the International Union Constitution, Article IX, Section 27, is amended to read as follows: 

Section 27. In any case where the International President determines that an organizational opportunity requires the establishment of a structure to conduct organizational and related activities in a jurisdiction because there is no existing affiliate in such jurisdiction or because the existing affiliate does not have the capacity to successfully conduct such activities, the International President, subject to the advice and consent of the International Executive Board, may establish an organizing committee covering such jurisdiction. The International President shall promptly notify each subordinate body in the affected jurisdiction of the decision to establish an organizing committee, which shall not be effective until at least sixty days after the date of notice to the subordinate bodies in the affected jurisdiction. Any such subordinate body may, by action of such subordinate body, appeal the International President’s decision to the International Executive Board by filing such appeal with the International Secretary-Treasurer within forty-five days after the date of notice of the International President’s decision. The International President’s decision may, upon the request of any subordinate body appealing from such decision, be stayed pending the International Executive Board’s consideration of such appeal. If such a stay is requested, the International President may grant the stay or refer the request to the Executive Committee of the International Executive Board for consideration, in which case the decision of the Executive Committee on the request for a stay shall be final. If no stay is granted, the decision of the International President shall be effective on the date specified in the initial notice issued by the International President. Upon the establishment of an organizing committee in a jurisdiction where there is an existing council, and when practicable, such council shall be dissolved and the property of such council, including its right to receive per capita tax from its affiliated local unions, shall transfer revert to the organizing committee to be used in connection with such organizing activities. Upon the establishment of an organizing committee in a jurisdiction where there is no existing council, the organizing committee shall be entitled to the payment of per capita tax from the local unions in its jurisdiction as if it were a council, as provided in Section 25 of this Article, at a rate equal to the minimum council rate as determined in accordance with Sections 5 and 6 of this Article, to be used in connection with such organizing activities. The International President shall, in consultation with the subordinate bodies in the affected jurisdiction, appoint the members of any organizing committee established pursuant to this Section, who shall serve in an advisory capacity, and such staff as may be needed to conduct the affairs of such organizing committee, who shall serve under the direction of the International President and such representatives as may be designated by the International President. Upon the completion of the activities of the organizing committee, the International Union shall charter such subordinate body or bodies as it deems appropriate for the affected jurisdiction as otherwise provided in this Article, and any remaining property of any council that was dissolved in the course of establishing the organizing committee shall be assigned by the International Union to such subordinate body or bodies as determined by the International President.

 

SUBMITTED BY:

Lee Saunders, International President

Laura Reyes, International Secretary-Treasurer

ADOPTED BY THE 42ND INTERNATIONAL CONVENTION