Constitution of International Union of Operating Engineers

Laborers for JUSTICE is pleased to provide IUOE members with an electronic hyperlinked copy of the Constitution of the International Union of Operating Engineers. See Index for hyperlinked search terms.

	To All IUOE Members:
	This International Constitution, as amended and revised by the 36th General Convention, sets forth your rights and obligations as members of this great International Union.
	Our organization has a long and proud history to build on. I believe the future holds even more opportunities for the IUOE.
	The continued vitality of our International lies in the collective strength of you, the members. Accordingly, I urge your active participation in the endeavors of your Local Unions and your International Union.

Fraternally yours,

Frank Hanley
General President

The
CONSTITUTION
Governing
THE INTERNATIONAL UNION OF
OPERATING ENGINEERS
And
All Subdivisions, Bodies, Local Unions
and Members Thereof
The International Union of Operating Engineers
Organized December 7, 1896
Affiliated with AFL-CIO

Compiled by the Constitution Convention Sept. 30,
1938, and adopted by Referendum Vote of Entire
Membership Dec. 31, 1938.

Amended by 21st Int. Convention
Amended by 22nd Int. Convention
Amended by Referendum
Amended by 23rd Int. Convention
Amended by Referendum
Amended by 24th Int. Convention
Amended by 25th Int. Convention
Amended by 26th Int. Convention
Amended by 27th Int. Convention
Amended by 28th Int. Convention
Amended by 29th Int. Convention
Amended by 30th Int. Convention
Amended by Referendum
Amended by 31st Int. Convention
Amended by 32nd Int. Convention
Amended by 33rd Int. Convention
Amended by 34th Int. Convention
Amended by 35th Int. Convention
Amended by 36th Int. Convention

April 1940
April 1944
September 1, 1947
April 1948
August 1, 1951
April 1952
April 1956
April 1960
April 1964
April 1968
April 1972
April 1976
September 28, 1977
April 1980
April 1984
April 1988
April 1993
April 1998
April 2003

CONTENTS

Preface	Suggested Order of Business	4
Art. I	Name, Purposes, Government and Ritual	5
Art. II	Emblem	7
Art. III	General Conventions, Powers, Delegates, Etc	8
Art. IV	General Officers, Election, Etc	15
Art. V	General Executive Board	18
Art. VI	General President	21
Art. VII	General Vice Presidents	25
Art. VIII	General Secretary-Treasurer	25
Art. IX	Board of Trustees	28
Art. X	Membership	29
Art. XI	Income of International Union	30
Art. XII	Territorial Jurisdiction	33
Art. XIII	Craft Jurisdiction	33
Art. XIV	Charters	37
Art. XV	Transfer, Clearance, Service Dues, Withdrawal Cards and General Office Membership .	43
Art. XVI.	Discipline and Expulsion	56
Art. XVII.	Appeals	58
	2


Art. XVIII.	Amending and Revising Constitution, Initiative, and Recall	61
Art. XIX.	Defense Fund, Lockouts, Strikes .	62
Art. XX.	Death Benefits	64
Art. XXI.	Joint Executive Boards	70
Art. XXII.	District Councils	71
Art. XXIII.	State, Interstate and Provincial Organizations	71
Art. XXIV	Government of Local Unions	74
Art. XXV	Apprenticeship	105
Art. XXVI.	District Administration Form of Local Union Government	106
Art. XXVII.	The General Pension Fund Plan . .	109
Art. XXVIII.	Honorary Positions Created	109
Art. XXIX.	Savings Clause	110
	Index	111

PREFACE

SUGGESTED ORDER OF BUSINESS FOR
LOCAL UNIONS

1. Meeting called to order per Ritual.

2. Examination of clues books and/or cards by Conductor.

3. Roll call of officers.
4. (a) Minutes of the previous meeting.

(b) Minutes of the Local Executive Board.

5. Presentation of applications for membership.
6. Reports of committee on applications.

7. Reading of communications-by the Recording-Corresponding Secretary.

8. Reading of receipts for the per capita tax and other monies sent to the General Secretary-Treasurer.

9. Election and installation of officers.

10. Reports of sickness, accident and death of members.

11. (a) Reports pertaining to apprentices.

(b) Reports pertaining to Branch Locals.

12. Unfinished business.
13. New business.
14. Reports of (a) Officers

(b) Delegates

Safety and health

Legislation and political action

Other

(d) Business Representatives

(e) Trustees

(f) Auditors

(g) Treasurer.

15. Subjects for the good and welfare.

16. Appropriations for monies from the treasury (drawing orders signed by the President and the Recording-Corresponding Secretary authorizing the payment of bills and other expenses).

17. Motion or order for adjournment.

THE CONSTITUTION
OF
THE INTERNATIONAL UNION
OF
OPERATING ENGINEERS

ARTICLE I

NAME, PURPOSES, GOVERNMENT
AND RITUAL

Name

Art. I. Section 1.	This organization shall be known as the International Union of Operating Engineers and it shall be the policy of this organization to be affiliated with the AFL-CIO and such of its departments as this organization may deem expedient.
Purposes
Art. I. Section 2.	The objects and purposes of this organization are to elevate the trade of operating engineers (by which trade the membership thereon earn a livelihood for themselves and their dependents) to its proper position in all industrial activity and the ranks of organized workers; to encourage a higher standard of skill among its members; to cultivate feelings of friendship among the men of the craft and those who may employ its members; to organize all persons working in the jurisdiction of this International Union without regard to race, creed, color, sex, religion, age or national origin; to promote the health, welfare and-safety of its members and their families; to promote, foster and develop apprentice programs, training programs and other means to advance the skills, efficiency and working knowledge of its members; to assist its members in securing and stabilizing employment; to assist employers in obtaining skilled craftsmen; to secure improved wages, hours, and working conditions through assisting affiliated Local Unions in negotiating collective bargaining agreements and through legislative

action and other appropriate means; to further, directly and indirectly, the joint interest of the members of the International Union in the betterment of general economic and social conditions in the world, by engaging in legislative, political, educational, civic welfare, and other appropriate activities; while preserving the integrity and autonomy of this International Union, to work within the AFL-CIO and to cooperate with other International Unions for the advancement of the entire labor movement, and to assist and cooperate with free and democratic labor organizations through- out the world; to provide aid and assistance for and to bring about cooperation and coordination of effort among affiliated Local Unions; to insure the better protection of life and property by securing, the enactment of state, provincial and city Engineers License Laws and by other appropriate means; and to protect and strengthen our democratic institutions and to vigorously oppose the efforts of those who advocate the overthrow of the established order, either of government or of this organization, by force or violence or subversive tactics.

Government

Art. I. Section 3.

The International Union of Operating Engineers shall be governed by the following bodies:

1	General Convention

2	General Executive Board

Officers

4	Board of Trustees

5	State and Provincial Organizations

6	Joint Executive Boards

7	District Councils

8	Parent Local Unions
	and each of such bodies shall constitute a distinct entity each with its own separate identity but functioning in conformity to the Constitution and Ritual. No Local Union or its officers, employees or members, shall have power or authority to act, nor be deemed to act, on

behalf of or agent for, or legally bind any other Local Union or member thereof, the General Convention, the General Executive Board, any of the General Officers, or the International Union of Operating Engineers, unless such authority is expressly granted by the provisions of this Constitution or by the General Executive Board. No Local Union, officer or member thereof, Supervisor or Representative, shall be authorized or permitted to accept service of summons, subpoena, or make entry of appearance, for or on behalf of the International Union, any General Officer, the General Executive Board, the Board of Trustees, or any other Local Union or other subdivision of the International Union of Operating Engineers.

Ritual

Art. I. Section 4.

The Ritual and Obligation shall form a part of this Constitution and shall be
administered in such form, and from time to time revised in such manner as the General President, with the approval of the General Executive Board, may direct.

ARTICLE II

EMBLEM

Description

Art. II. Section 1.

The official emblem of the International Union of Operating Engineers,
duly registered as a trademark, is as follows:

Use of Emblem

Art. II. Section 2.	This emblem shall be generally used on all printed matter, including charters, supplies and stationery of the organization and its various subdivisions, and in forms to be worn by members.

Seals and Facsimiles

Art. II. Section 3.	The official seal of the organization shall bear this emblem. The seal of each General Officer and subdivision of the organization shall likewise bear this emblem together with the title of such officer or the name of such subdivision using the same. No seal shall be held or used by any General Officer or subdivision of the organization, not shall the use or holding of any seal confer authority unless such seal shall have been furnished by the General Secretary-Treasurer. All seals shall be the property of the International Union of Operating Engineers. No facsimile of the emblem shall be used except such as are supplied by the General Secretary-Treasurer.

ARTICLE III GENERAL CONVENTIONS

Powers
Art. III. Section 1.	All the sovereign power. including the legislative, executive, administrative and judicial, of the International Union of Operating Engineers shall be vested in its General Convention when in session. Specifically, but not in limitation of the power thus vested, the General Convention may grant and issue charters for Local Unions and subdivisions thereof and local, State and Provincial organizations and such other subdivisions of the International Union as from time to time may be deemed advisable; set the cost for said charters and necessary supplies issued with said charters; suspend and revoke any of said charters; adopt and issue a seal for the
8

International Union, its General Officers, its Local Unions, local, State and Provincial organizations and any other subdivisions; adopt, print and issue dues books and/or cards for the use of the membership; for and issue per capita tax dues stamps and collect for same; print, issue and mail an official journal; print and issue such books, stationery supplies and paraphernalia and sell the same to affiliated Local Unions, local, State and Provincial organizations and any other subdivisions for the proper keeping of their records and affairs; invest the funds of the International Union; buy and sell real estate (improved or otherwise) and bonds and other securities; establish, impose and collect per capita tax; establish, impose and collect assessments upon members, charter applicants, Local Unions, local, State and Provincial organizations and any other subdivisions as hereinafter provided; impose an initiation fee and an initiation fee tax; establish a Defense Fund and pay strike benefits; establish, revise, amend and from time to time change the Death Benefit Fund and pay regulated benefits therefrom; supervise the operation of Local Unions, local, State and Provincial organizations and any other subdivisions and appoint supervisors and receivers when necessary; prefer charges against Local Unions, local, State and Provincial organizations and any other subdivisions and officers (individually or collectively) or their members (individually or collectively) and order trials with authority to discipline those affected; prefer charges and order trials with authority to discipline any General Officer or any member of the Board of Trustees; register, copyright and trademark the name of its official journal, its emblem and any document of the organization; establish and maintain a general headquarters in Washington, D.C.; employ clerical and other help; employ organizers and deputies; confiscate and sue for the possession of all real and personal property, paraphernalia, books, charters, records, card indexes, seals and funds of a Local Union, local, State or Provincial organization and any other subdivision;


	establish a General Executive Board with full powers of the Convention between Conventions; include and adopt as part of the Constitution a procedure for the government and regulation of Local. Unions, subdivisions thereof, local, State and Provincial organizations and any other subdivisions; establish, define, segregate, assign and amend craft jurisdiction and territorial jurisdiction to which Local Unions, their subdivisions, local, State and Provincial organizations and any other subdivisions already established or hereinafter chartered shall confine their activities; establish, enter into, amend or abrogate understandings or written agreements with other craft unions affiliated with the AFL-CIO; amalgamate competitive craft unions with the International Union of Operating Engineers and by such amalgamation compel all individual officers and members of the amalgamated union to be subservient to the Constitution, amendments thereto and decisions and orders of the General Executive Board and the General President of the International Union; review and decide appeals from decisions properly filed with provide for the general welfare of the organization and its members; take all steps necessary to protect the interests of the organization; make all disbursements necessary or appropriate in the exercise of the above powers or in the fulfillment of the objects and purposes of the International Union; together with all other rights, powers, privileges and immunities not herein specifically denied.
Method of Holding Conventions

Art. III. Section 2.	A General Convention of the International Union of Operating Engineers shall be held during the month of April 1988 and every five (5) years thereafter during the month of April, or if the logistics of arranging the Convention so require, during any period between March 20 and May 10, at such place as the preceding Convention may determine, unless referred to the General Executive Board by the Convention for selection.


Composition of Convention
Art. III. Section 3.	The General Convention shall be composed of legally elected General Officers, members of the General Executive Board and the Board of Trustees and the duly elected representative delegates from Local Unions, and none but these shall be entitled to vote. Local Unions may choose to elect alternate delegates not to exceed one alternate for every five delegates nor more than a total of three alternates. The election of delegates and alternates shall be held at an election in the said Local Unions in February prior to the Convention, unless under the provisions of the Local Union bylaws they are elected prior thereto but in no event more than one (1) year prior to the first day of the Convention, except that Local Unions may by their bylaws designate as delegates to the Convention not more than six of their officers, elected sub-sequent to the adoption of such bylaws.
	The election of delegates shall be conducted by secret ballot. In order to be eligible to be a candidate for delegate for those Conventions held after 1998, a member must, at the time of nomination, be in good standing with respect to payment of dues and meet the requirements contained in the second paragraph of Article XXIV, Subdivision 1, Section (b). Adequate safeguards to insure a fair election shall be provided by the Local Union in accordance with the International Constitution, applicable law, and such rules and regulations as may be promulgated by the General Executive Board. The ballots and all other records pertaining to the election of delegates shall be preserved for one (1) rear by the appropriate official or officials designated by the Local Union.
	Where there are no more candidates nominated for delegates and alternates than are authorized by said local union signifying no opposition, the secret ballot election may be dispensed with and, in such event, the Recording- Corresponding Secretary shall be directed to cast one ballot for all the unopposed candidates for delegates and alternates, who shall then be declared duly elected.


Officers of the General Convention
Art. III. Section 4.	The duly elected General Officers of the International Union of Operating Engineers shall be the officers of the General Convention.

Basis of Representation
Art. III. Section 5	The basis of delegate representation shall be as follows:

Local Union Membership

Minimum

UNDER 251

:Maximum

Number of Delegates

251

500

501

900

901

1,300

1.301

1,700

1,701

2,100

2,101

2,500

2,501

3,000

3,001

3,700

3.701

4,400

4,401

5,100

5,101

5,900

5,901

6,700

6,701

7,500

7,501

8,400

8.401

9,300

9,301

10,200

10.201

11.200

11,201

12,200

12.201

13,200

1:3,201

14,200

14,201

15,200

15,201

16,200

16,201

17,200

17,201

18,200

18,201

19,200

19.201

20,200

20,201

21,200

21,201

22,200

22,201

23,200

23,201

24,200

24,901

25,200

25,201

26,200

26,201

97,900

:34

27,201

28,200

28,201

29,200

99,201

30,200

30,201

31,200

31,201

32,201

32,200

33,200

33,201

34,201

34,200

35,200

OVER 35,201
One additional delegate
per 5,000 members

Each delegate seated and present at the Convention shall have one vote regardless of the number of members on which the Local Union has paid per capita tax. The number of delegates to which a Local Union may be entitled shall be lased on the average number of members on which the Local Union has paid per capita tax through the month of September of the calendar year prior to the date of the Convention. No delegate shall be permitted to represent more than one Local Union.

Credentials of Delegates

Art. III. Section 6.

Delegates to the Convention must present credentials on blanks furnished by the General Secretary-Treasurer, properly attested under the seal of the Local Union of which they are members in good standing. To be entitled to have its delegate or delegates seated and have a vote in a General Convention, both the delegates and their alternates, as well as the Local Union represented by them, must not be in arrears in the payment of the per capita tax or any other indebtedness to the


	International Union due on or prior to the 31st day of December next preceding the Convention. The right of delegates to be seated in a General Convention shall be upon report and approval of the Credentials Committee. An appeal from a decision of the Credentials Committee may be made to the Convention, and delegates affected thereby shall not be seated until said appeal shall have been voted thereon by the Convention.

Expenses of Delegates
Art. III. Section 7.	The mileage and expenses for the attendance of delegates to the Convention shall be defrayed by the Local Union they represent. In cases of hardship, and upon good cause shown, the Local Union may appeal to ^-the General Executive Board for financial assistance in securing representation of a delegate at a Convention.
Quorum
Art. III. Section 8.	A quorum for the transaction of business shall consist of a majority of the delegates seated at the Convention.

Appointment of Committees
Art. III. Section 9.	Upon the opening of the Convention the General President shall appoint his committees, except that the Committees on Law, Officers' Reports, Credentials and Resolutions shall be appointed by him prior to the Convention, and report at the call of the General President. The General Secretary-Treasurer shall furnish the General President a list of delegates whose Local Unions are in good standing as required by the Constitution. After the report of the Committee on Credentials has been acted upon, the General President shall appoint such other committees as mar be necessary. The members of the committees so appointed shall receive remuneration for the services they render in an amount determined by the General President.

Attendance of General Officers
Art. III. Section 10.	The General Officers, Members of the General Executive Board and the Board of Trustees shall be required to attend all Conventions and their expenses shall be paid out of the funds of the International Union of Operating Engineers. By virtue of his office each shall be a delegate at^-large, having one vote, unless elected as a regular delegate by the Local Union in which he holds membership.

ARTICLE IV GENERAL OFFICERS Titles and Terms of Office
Art. IV Section 1.	The officers of the International Union of Operating Engineers shall consist of a General President, General Secretary-Treasurer, First General Vice President, Second General Vice President, Third General Vice President, Fourth General Vice President, Fifth General Vice President, Sixth General Vice President, Seventh General Vice President, Eighth General Vice President, Ninth General Vice President, Tenth General Vice President, Eleventh General Vice President, Twelfth General Vice President, Thirteenth General Vice President, Fourteenth General Vice President, and five Trustees. Each Officer shall hold office for a term of five years or until his successor shall be elected and qualified, and each shall be nominated, elected, installed and take office only in the manner and only at the time hereinafter specified.
Nominations
Art. IV Section 2.	Candidates for the positions of General Officers shall be nominated at the Convention on the morning of the first day of the Convention and any member of the organization who is entitled to hold office in his Local Union shall be eligible for office. Beginning with the election conducted at

the General Convention to be held in 2008, the nominations of candidates for the offices of General President and General Secretary-Treasurer must be supported by the written petition of at least six Local Union delegations, which shall be submitted to the Chair. Nominations must be made by delegates from Local Unions seated at the Convention.

Election of General Officers

Art IV Section 3

The election of General Officers shall take place at the Convention as the first order of business on the afternoon of the first day of the Convention. Officers shall be elected by plurality vote, except that the five candidates receiving the highest number of votes for the office of Trustee shall be elected. Elections shall be by roll call vote where there is more than one candidate for any office except that of Trustee, and where there are more than five candidates for the Office of Trustee. If there is only one candidate for any office other than that of Trustee and there are no more than five candidates for the Office of Trustee, there shall be no roll call vote and such candidate or candidates shall be declared elected. Each delegate shall be entitled to cast the number of votes prescribed by Article III, Section 5. However, one delegate, unless objection is voiced at the time the Local Union's number is called by a delegate from such Local Union, may cast the vote of the entire delegation of such Local Union.

On a roll call vote, the presiding officer shall appoint three (3) tellers to record, certify and report the results of the voting for each office. The election shall be by written ballot and conducted in such fashion that until the completion of the voting, no delegate shall be able to ascertain the number of votes cast for any candidate. However, the foregoing requirement shall not prevent delegates from the same Local Union designating one or more of their number to perform the physical function of casting the votes of the delegates from that Local Union.

Art. IV. Section 4.

No candidate (including a prospective candidate) for General Office, and no supporter of a candidate for General Office, may solicit or accept any direct or indirect financial support from any nonmember of the International Union of Operatin^g Engineers or from any foundation, corporation or other entity whose funds are derived in whole or in part from any person not a member of this International Union.

Art. IV. Section 5.

The General Secretary-Treasurer shall preserve for one (1) year the credentials of . the delegates and all minutes and other records of the Convention pertaining to the election of officers.

Art IV Section 6.

The newly elected General Officers shall be installed within thirty (30) days following the adjournment of the Convention, and shall assume their official duties immediately upon installation.

Art. IV. Section 7.

The newly elected officers shall appear before a Notary Public prior to taking office and make oath that they will perform the duties of the offices to which they have been elected to the best of their ability and in accordance with the Constitution of the International Union, and a certificate signed by the Notary Public before whom such oath of office is taken shall be filed by the newly elected officers with the General Secretary-Treasurer.

Bonding

Art. IV. Section 8.

Every officer, employee or other representative of the International Union who handles funds or other property thereof shall be bonded for the faithful discharge of his duties in such amount and as otherwise required by applicable law. The expense of such bond shall be paid by the International Union.

ARTICLE V POWERS AND DUTIES OF THE GENERAL EXECUTIVE BOARD

Art. V. Section 1.	The General Executive Board shall consist of the General President, General Secretary-Treasurer, First General Vice President, Second General Vice President, Third General Vice President, Fourth General Vice President, Fifth General Vice President, Sixth General Vice President, Seventh General Vice President, Eighth General Vice President, Ninth General Vice President, Tenth General Vice President, Eleventh General Vice President, Twelfth General Vice President, Thirteenth General Vice President, and Fourteenth General Vice President, and each member of the Board shall be provided with an official seal.

Powers
Art. V. Section 2.	All the powers of the General Convention when in session shall, when the same is not in session, pass to and vest in the General Executive Board, with the exception of such powers as may herein be specifically delegated to the various officers and subdivisions of the International Union. Specifically, but not in limitation of its power, it may initiate amendments to the Constitution and conduct referendums thereon, and it may formulate and establish pensions for such of the General Officers of the International Union of Operating Engineers and the employees of the said International Union as the General Executive Board shall deem worthy, and it may order that payments be made thereon for the terms allotted, in such manner as to vest irrevocably the benefits thereof; provided, however, that any and all pension applications so adopted shall be reasonable and-nondiscriminatory.
	Effective April 1, 1977, and annually thereafter, the General Executive Board may increase the salaries of all General Vice Presidents by a percentage of the salary being paid to each such officer not to exceed the

percentage of increase in the National Consumers Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for the twelve-month period ending February 28 immediately preceding April 1st.

Vacancy in Office
Art. V. Section 3.	In case of death, resignation or removal of the General President, the General Secretary-Treasurer shall call a meeting of the General Executive Board within fifteen (15) days, and said Board shall elect from among its members a General President, who shall take office immediately following his election by the Board. The General Executive Board shall and is hereby ordered to fill any vacancy occurring in the General Executive Board or the Board of Trustees. All charges against General Officers shall be heard and decided by the General Executive Board.
Meetings

Art. V. Section 4.	The General Executive Board shall hold sessions at such places and at such times as it may decide. It shall meet at the call of the General President, or at the request of three members of the General Executive Board. In addition to the salary paid to a General Officer, the International Union shall compensate and pay the expenses of the members of the General Executive Board, as authorized by the General President, in connection with their participation in General Executive Board meetings and other authorized work performed by them.
Quorum
Art. V. Section 5.	A quorum for the transaction of any business by the General Executive Board shall consist of a majority of the members thereof.

Transacting Business
Art. V. Section 6.	The General Executive Board may transact any business before it without holding

a session and record the votes of the members by mail, telegram, telephone, facsimile copy teleconferencing, or any other technology that allows for communication by the Board members.

Hearings

Art. V. Section 7.

The General Executive Board may hold hearings and conduct trials and decide appeals in connection with any matter, complaint, business or case coming before it and the decision of the General Executive Board thereon, and its findings of facts, shall be final, conclusive and binding. It shall have full power to determine the method of procedure and the times and place for the holding of hearings, trials and appeals, including the power to appoint a panel of one or more persons to conduct a full and fair hearing on any matter on behalf of the Board. Upon the conclusion of such hearing, the panel shall make a complete report to the General Executive Board, and the final decision shall be made by the Board. The General Executive Board shall also be empowered to interpret the provisions of this Constitution and decide questions of law arising there under.

Defense of Litigation

Art. V. Section 8.

The International Union is authorized, upon affirmative vote of the General Executive Board, to pay all expenses for investigation services, employment of counsel and other necessary expenditures in any cause, matter, case or cases where an International officer, representative, employee, agent or one alleged to have acted on behalf of the International is charged with any violation of any law or is sued in any civil action with respect to any matter arising out of his duties, except if such officer, representative, employee or agent is charged with a breach of his trust to the International or any affiliate or member thereof, in which event he may be indemnified only if the action is terminated favorably to him.

ARTICLE VI POWERS AND DUTIES OF THE GENERAL PRESIDENT As Presiding Officer of Convention
Art. VI. Section 1.	It shall be the duty of the General President to preside at all meetings of the General Convention. At least thirty (30) days prior to the holding of a General Convention he shall publish all decisions rendered by him during his term ofoffice and shall mail copies of same to each Local Union in sufficient numbers to allow a copy for each delegate to the Convention.
To Review Cases and Interpret Laws, Etc.
Art. VI. Section 2.	He shall review all cases, complaints and charges filed with the General Executive Board or the General Secretary-Treasurer. He shall be empowered to render decisions on the merits of such cases, complaints and charges and his findings on the facts shall be final and conclusive. He shad also be empowered to interpret the provisions of the Constitution and decide questions of law arising there under. He shall be vested with all the administrative powers of the organization.
To Invoke and Administer International Supervision and Other Peremptory Powers
Art. VI. Section 3.	The General President shall have the power to require Local Unions, Local Officers and any other subdivision of the International Union and members to comply with this Constitution and any lawful rulings or orders of the International Union. For the purpose of correcting corruption or financial malpractice, assuring the performance of collective bargaining agreements or other duties of a bargaining representative, restoring democratic procedures, or otherwise carrying out the legitimate objects of the International Union, including the

observance of the Ritual, Obligation, law, rules or decisions of the organization or its duly constituted authorities, he shall have full power to suspend or remove such Local officers, suspend or revoke charters of such Local Unions or place such Local Unions and their officers and members under International Supervision. He shall have power to designate and appoint persons to fill the places of those Local officers of Local Unions suspended, removed or placed under International Supervision, which appointees shall conduct the affairs over which they have been appointed for such time and in such manner as he may direct. All of the business, finances, affairs and government of any Local Union whose charter shall have been suspended by the General President or shall have been placed under International Supervision by him, shall be fully and completely conducted and administered by the General President or his deputy thereunto appointed with full power of control therein and thereover. During such suspension or International Supervision all rights and powers of the Local Union to conduct its own affairs shall be suspended. He or his deputy shall countersign all vouchers and checks for payment of monies or for withdrawing funds from the bank. He shall have power to appoint Local officers pro tem and all committees not otherwise provided for, to deputize any member in good standing to perform any of the powers and duties of his office.

Whenever the General President exercises his power under this Section to suspend or remove Local officers, suspend or revoke charters of Local Unions, or place such Local Unions and their officers and members under International Supervision, a hearing shall be held before him or his authorized representative, to determine the necessity for taking such action, with the General President making the ultimate decision. Reasonable notice of such hearing shall be afforded the officers and members of the subordinate union involved. If the General President determines that an emergency exists requiring immediate action

	to be taken prior to a hearing, he may take such action, but the hearing shall be held within a reasonable time thereafter. In all other cases the action will not be taken until a hearing has been held.
	Failure of the General President to exercise the authority vested in him under this Section shall not in itself be considered as authorization for, or ratification or condonation of, any act or any failure to act on the part of any Local Union or other subdivision of the International Union. or their officers, employees, members or agents.
To Issue Charters, Require Mergers, and Appoint Representatives, and Negotiate and Enter Into Agreements
Art. VI. Section 4	He shall be vested with full discretionary power to issue charters. Subject to the approval of the General Executive Board, he shall have the power, on such terms as he determines to be appropriate, to require the merger of Local Unions and to merge other labor organizations into the International Union. He shall have power to appoint Representatives of the International Union in such localities as shall appear to him to be for the best interest of the organization, as well as International Monitors of the administration of Local Unions. He shall have the authority to negotiate and enter into collective bargaining agreements binding on the Local Unions.
As Chairman of General Executive Board, Etc.

Art. VI. Section 5.	He shall preside as chairman of the General Executive Board and shall make a full report of the work in his office at each Board meet-in . He shall devote his full time to the duties of his office. He shall have power to call upon any and all subdivisions, officers and members for assistance and advice when occasion demands or requires it. He shall be strictly accountable and responsible for the faithful performance of his duties and shall administer and enforce every law, rule, regulation and requirement of the Constitution, Ritual and Obligation. He shall be

vested with unlimited discretion in the application and administration of his powers and duties. He shall be vested with such other powers and duties as the General Executive Board may from time to time specifically delegate to him.

Hearings for Members

Art. VI. Section 6.

Any and all members, Local officers and Local Unions affected or aggrieved by an act or decision of the General President, may demand a hearing thereon before the General Executive Board, with appeal to the General Convention in the manner hereinafter prescribed.

Compensation

Art. VI. Section 7.	The General President shall receive in semi-monthly installments an annual salary to be determined by the General Executive Board, which shall not be less than the annual salary in effect in April, 1980. Salary determinations by "the General Executive Board once made shall constitute the new minimum.
	When the conduct of his office requires the General President to travel outside the metropolitan area of Washington, D.C., within or without the continental limits of the United States, he is authorized, in his discretion, to have his spouse accompany him and the reasonable expenses of such spouse, when so traveling, shall be paid by the International Union.

The General President shall, by virtue of his office, be one of the delegates representing this Organization at the Conventions of the AFL-CIO or sessions of any of its departments.

To Make Visitations
Art. VI. Section 8.	Should any Local Union be involved in trouble or submit grievances to the General President or the General Executive Board, the General President shall visit such Local Union in person or send a deputy.

Vested With All Powers of General Executive Board in Interim, Etc.
Art. VI. Section 9.	All powers heretofore vested in the General Executive Board when in session shall, when the same is not in session, pass to and vest in the General President. All of the acts and decisions of the General President shall be reviewable by the General Executive Board and shall continue in full force and effect until revoked by action of the General Executive Board.
ARTICLE VII POWERS AND DUTIES OF VICE PRESIDENTS
Art. VII. Section 1.	Subject to revision pursuant to Article V, Section 2, the General Vice Presidents shall receive as salary in such capacity $33,500 per anum.
	The General Vice Presidents of the International Union of Operating Engineers shall be members of the General ExecutiveBoard. They shall assist the General President in the discharge of his official duties in such manner as he may direct and shall have such other powers and duties as from time to time may be specifically delegated to them by the General Executive Board.

ARTICLE VIII

POWERS AND DUTIES OF THE
GENERAL SECRETARY-TREASURER

To Keep Record of Minutes

Art. VIII. Section 1.

The General Secretary-Treasurer shall keep a correct record of the minutes and the proceedings of the General Convention and of the General Executive Board. On the first day of January

	preceding a General Convention he shall notify all Local Unions of the holding thereof, which notices shall set forth the provision of the Constitution relating to the basis of representation of delegates to the General Convention.
To Collect and Pay Monies
Art. VIII. Section 2	He shall collect and receive all monies and funds due from all Local Unions, subdivisions, officers, members or other persons to the General Office and deposit the same in such bank or banks as may be designated by the General Executive Board. He shall have custody of the Official Seal. He shall issue all drafts and checks in payment of general expenses, salaries and other bills in the manner and form provided by the General Executive Board and shall take receipts therefore. He shall maintain a General Office Membership and perform the duties incident thereto.
Furnish Bond and Make Investments
Art. VIII. Section 3.	He shall give bond for the faithful performance of his duties. Such bond shall be in such amount and with such bonding companies as required by applicable law. He shall, when authorized by the General Executive Board, invest the funds of the International Union in the manner and form directed.
Membership Records and Monthly Reports
Art. VIII. Section 4	He shall keep a correct record of the . membership of each Local Union and subdivision and issue quarterly to each Local Union a report as to his receipts and disbursements. He shall make a monthly report to the General President and the General Executive Board and the Board of Trustees. He shall transmit to the Financial Secretaries of Local Unions per capita tax dues stamps or other appropriate record of payment, as provided for in this Constitution and shall keep a record thereof.

Compensation
Art. VIII. Section 5.	The General Secretary-Treasurer shall receive in semi-monthly installments an annual salary to be determined by the General Executive Board, which shall not be less than the annual salary in effect in April, 1980. Salary determinations by the General Executive Board once made shall constitute the new minimum. When the conduct of his office requires the General Secretary-Treasurer to travel outside the metropolitan area of Washington, D.C., within or without the continental limits of the United States, he is authorized, in his discretion, to have his spouse accompany him and the reasonable expenses of such spouse, when so traveling, shall be paid by the International Union.
Editor of the Journal
Art. VIII. Section 6.	He shall edit and distribute the official journal subject to recommendations of the General Executive Board and the General President and shall promptly publish therein a record of the amendments to the International Constitution adopted by a General Convention and allow reasonable space for the inclusion of articles submitted by Local Unions upon any measure submitted to vote of the membership. He shall distribute to each Convention delegate a copy of the record of the proceedings and measures adopted by a General Convention promptly thereafter.
Reports to General Convention
Art. VIII. Section 7.	He shall, each month, pay all per capita taxes due from this organization to the AFL-CIO or other bodies with which this organization may be affiliated. He shall make a full report of all matters relating to his office, his official acts and work, the amount of monies received and disbursed by him, the balance on hand and where deposited, to each General Convention.

Accounting for Stewardship
Art. VIII. Section 8.	He shall at the end of his term of office deliver to the Board of Trustees all books, monies, property and other belongings of the International Union in his keeping. His books, records, transactions and affairs shall always be open for inspection by the General Officers.
Delegate to AFL-CIO, Etc.
Art. VIII Section 9.	He shall, by virtue of his office, be one of the delegates to represent the International Union at the convention of the AFL-CIO or its departments. He shall devote his full time to the duties of his office and shall have such other and further duties as may from time to time be delegated or assigned to him by the General Executive Board.
ARTICLE IX BOARD OF TRUSTEES Composition of Board
Art. IX Section 1.	There shall be a Board of Trustees consisting of five members elected in the manner hereinbefore stated. One of the members of the Board shall be elected by the Board to serve as Chairman thereof during the term of his office as a Trustee. The salary of the Trustees shall be set by the General President with the concurrence of the General Executive Board.
Meetings of the Board
Art. IX. Section 2.	Meetings of the Board of Trustees shall be held from time to time as the members thereof may designate or upon call of the General Executive Board.
Quorum
Art. IX. Section 3.	A quorum for the transaction of business by the Board of Trustees shall consist of a majority of the members thereof.

Powers and Duties of the Board of Trustees
Art. IX. Section 4.	The Board of Trustees shall be the auditors of both the General Executive Board and the General Officers of the International Union of Operating Engineers. They shall audit the books of the General Secretary-Treasurer at least once every six months and report thereon to the General Executive Board. They shall render a report of their duties to the General Convention. They shall take an annual inventory of the property belonging to the International Union of Operating Engineers and shall see that the finances of the International Union are safeguarded by proper bonds. They shall audit and examine all bills, expenditures and expense accounts and all receipts of the General Office. They shall recommend to and advise the General Executive Board and the General Officers upon bookkeeping methods and accounting systems. They shall be the custodians of all bonds of General Officers. Upon the termination of office of any General Officer or upon a vacancy occurring among the General Officers, they shall receive and hold the funds, books, papers, documents and other property in the possession of the said officer or officers and turn the same over to the General Officer succeeding to said position upon being given proper receipt. They shall perform such other duties as from time to time may be delegated and assigned to them by the General Convention, the General Executive Board or the General President.
ARTICLE X MEMBERSHIP Qualifications
Art. X. Section 1.	Any engineer engaged in the craft over which this organization exercises craft jurisdiction, or other person who may qualify to become a junior engineer, assistant engineer, or registered apprentice engineer therein, and any other engineer

	engaged as an inspector of boilers or other machinery or as an examiner of engineers, or any other person, may upon application, acceptance and initiation in the manner and form required in this Constitution, become a member of the International Union of Operating Engineers. No person who is otherwise eligible under the qualifications fixed herein, but who is opposed to organized labor, shall be admitted to membership. No person shall be denied membership on the basis of race, creed, color, sex, religion, age or national origin. No applicant for membership shall apply to or be accepted by any Local Union other than the one within the jurisdiction in which he is employed unless such Local Union shall consent to his affiliation therewith.
Minimum and Maximum Initiation Fees and Dues
Art. X. Section 2.	The minimum initiation fee in all Local Unions shall be not less than Five Dollars ($5.00) per applicant. The minimum monthly dues in all Local^. Unions that do not charge administrative, supplemental or working dues, shall not be less than Fourteen Dollars and Seventy-five Cents ($14.75) per month per active member effective July 1, 2003 and Fifteen Dollars and Twenty-five Cents ($15.25) per month per active member effective July 1, 2005. Maximum initiation fees and maximum dues charged by Local Unions to their applicants or members may, from time to time, be fixed by the General President. No proposed increase in initiation fees may be voted upon by a Local Union unless and until the proposed increase is approved by the General President.
ARTICLE XI INCOME OF INTERNATIONAL UNION Per Capita Tax
Art. XI. Section 1.	Each Local Union must pay the General Secretary-Treasurer a per capita tax of

$7.75 per month effective July 1, 2003 and $8.25 per month on and after July 1, 2005 for each member of the Local Union and its Subdivisions who has not been reported to the General Secretary-Treasurer as suspended, withdrawn, transferred or expelled, and in addition an amount equal to the per capita tax must be paid for each person making payments to the Local Union in lieu of dues under agency shop or similar provisions. The per capita tax report signed by the Financial Secretary must be transmitted to the General Secretary-Treasurer on or before the fifteenth day of the month following that for which the per capita tax is due.

A payment computed on the closing membership for the month ($7.75 per month effective July 1, 2003 and $8.25 per month on and after July 1, 2005) and the initiation fee tax (25% of the current initiation fee) on each member initiated for the month, must be submitted with the per capita tax report. Thereafter, the General Secretary-Treasurer shall transmit to the Financial Secretary a receipt for the initial amount remitted with a statement covering the remaining amounts due for the month for which the per capita tax was filed, for assessments and back per capita tax on suspended members reinstated, expelled members reinstated, members admitted on withdrawal cards, per capita tax for members deducted deceased and members deducted on withdrawal cards and differences of initiation fee tax. The per capita tax due shall immediately be remitted to the General Secretary-Treasurer by the Financial Secretary. The General Secretary-Treasurer shall return a receipt covering payment of balances due.

However, if in the judgment of the General Executive Board, a different form of billing procedure may be desired, such change may be made by the Board.

Distribution of Per Capita Tax

Art. XI. Section 2.

The General Executive Board shall maintain a General Fund, a Death Benefit Fund, a Defense Fund, a General Pension Fund, and such other Funds as it may determine. The per capita

	tax received for each member and other income of the International Union shall be allocated among these Funds as the General Executive Board shall determine.
Charter Fees and Assessments
Art. XI. Section 3.	Before the issuance of any charter to a Local Union, the Financial Secretaries in the cases of existing Local Unions and the applicants for charters in all other instances shall forward to the General Secretary-Treasurer the following:
(a)	Charter Fee – Twenty-five ($25.00) Dollars.
(b)	Assessment for each signatory to application –One ($1.00) Dollar.
	The same charter fee shall be paid in the case of the issuance of a charter to any other subdivision of the International Union, except that in the case of subdivisions of Local Unions the charter fee paid by Local Unions shall be Ten ($10.00) Dollars except for an '0' branch charter which shall be issued without fee.
Initiation Fee Taxes and International Initiation Fees
Art. Xl. Section 4.	The Financial Secretaries of Local Unions shall forward to the General Secretary-Treasurer with the report required by this Article for the month in which new members have been initiated into membership in the Local Union or any subdivision thereof the following for each newly initiated member: Initiation Fee Tax – Twenty-five (25) percent upon the initiation fee established as of the date of reporting the new member. The initiation fee shall be deemed to include all fees, assessments and other charges required to be paid upon admission to membership howsoever identified, butshall not be deemed to include any assessment for the maintenance of a Local Union death benefit fund.
Reinstatement Assessments
Art. XI. Section 5.	The Financial Secretaries of Local Unions shall forward to the General Secretary-

	Treasurer with the report required for the month in which members are reinstated^-the following: Five ($5.00) Dollars for each member reinstated to membership who has held a withdrawal card as provided in Article XV. Five ($5.00) Dollars for each member reinstated to membership after suspension or expulsion, plus per capita tax for each month required, and such other charges as may be provided for in Article XXIV.
Other Fees, Taxes and Assessments
Art. XI. Section 6.	Subject to applicable laws, other fees, taxes, assessments and other charges for obtaining income for the International Union :or any pu_rpose may be increased, decreased, changed or added from time to time by the General Convention or the General Executive Board.
ARTICLE XII TERRITORIAL JURISDICTION
Art. XII. Section 1.	The territorial jurisdiction of any Local Union heretofore or hereafter established shall be such as described on the face of the charter issued to such Local Union, together with any limitations, extensions and restrictions regarding such territorial jurisdiction as may be added thereto. No charter to a Local Union shall hereafter be granted unless the same shall distinctly state upon its surface a description of the territorial jurisdiction conferred, qualified by a statement that such territorial jurisdiction so conferred may be amended, restricted, or enlarged by the International Union of Operating Engineers.
ARTICLE XIII CRAFT JURISDICTION Division of Jurisdiction
Art. XIII. Section 1.	Jurisdiction of the International Union of Operating Engineers shall include but

	not be limited to persons engaged in the following crafts:
	(a) Stationary Engineers' Craft Jurisdiction:
	All persons engaged in supervising, controlling, operating or assisting in operating, maintaining or assisting in maintaining (including apprentices to the craft) all boilers, nuclear reactors (fission or fusion types), solar or geothermal equipment or other devices (irrespective of pressure or heat source and including hot water and/or other hot liquid or gas systems); pressure vessels, engines (both internal and external combustion types), turbines (hydro, steam and gas types), motors, pumps, air compressors, generators, alternators, refrigeration and/or air conditioning machines, units, plants and systems (including cryogenic equipment and systems), fans and ventilating systems, siphons, heating systems and all components thereof, bridges (including turntable, jack-knife and span-lift types), and any and A instrumentation and controls (including remote instrumentation and controls) used on or in the above equipment, devices or systems including all equipment, controls and instrumentation used in the handling, preparing and delivery of fuel (irrespective of type) from and/or to storage bins, yards, tanks or reservoirs up to and into the equipment using, consuming or converting the fuel (irrespective of the motive power); (all instrumentation, controls and appurtenances utilizing energy from nuclear fission or fusion and its products, such as radioactive isotopes, including materials and processing); the supervision, operation an maintenance of all of the above when connected with and/or used in power and plant operation in all governmental, commercial and industrial activity including but not limited to railroads, utilities (public and private), hydroelectric plants, water filtration and purification plants, pump stations, reservoirs, control centers, garbage disposal plants and incinerators, waste water purification plants and systems (both active and passive types), fuel conversion plants or processes, breweries, distilleries, canneries, reduction plants, legitimate and motion picture theaters, ice and cold storage plants, coal

	yards, dairies, creameries, and other dairy products plants, office and municipal buildings, schools, hotels, apartment hotels, apartment houses and condominiums, hospitals, department stores, laundries, metal and other junk yards and junk segregating plants, oil drilling, refining and producing plants (including control of pressure an temperature ofgases, liquids and otherwise), chemical and petro-chemical plants, and pipe line pumping and boosting stations; the operation of valves, gates, locks and all machinery on dams or spillways; and bakeries, paper and pulp mills, newsprint plants, shipbuilding and ship repair yards; and all other persons engaged in capacities other than supervising, operating or maintaining capacities in the aforementioned plants, systems, industries, services and/or institutions.
	(b) Hoisting and Portable Engineers' Craft Jurisdiction:
	All persons engaged in supervising, controlling, erecting, dismantling and repairing, operating or assisting in operating, erecting, dismantling, or the repairing of: all hoisting and portable machines, all refrigerating machines or units and engines used on open and heavy construction work; all hoisting and portable machines and engines used in or upon wrecking, digging, boring, soil testing, building and erecting foundations, buildings, tunnels and subways, dams, reservoirs, disposal plants, bridges, railroads, streets (paving and repair), road building construction (including grading, repair and surveying), sewers, water, gas and oil lines, allotment development construction, harbor and river dredging, the construction and repair of all docks, wharves, piers, shipyards, and seawalls, all sand, gravel and stone pits; quarries and material yards (permanent and temporary, sand, rock and gravel screening machines; motor generators (when used for welding an cutting or for converting or transforming electric cur- rents, irrespective of their motive power; all machines used to sweep, clean and remove debris and snow from streets and roads; all mine hoists, telphers, grab buckets, pumps, siphons, pulsometers, generators, concrete mixers

(irrespective of capacity), concrete pumps of all sizes and capacities, stone crushers, air compressors, all water-test and blast-hole drilling machines; all sandblasting and other machines and boilers used in the cleaning and washing of buildings; all boilers (irrespective of size) used for furnishing temporary heat on buildings under construction, or for the heating of materials, or heating water, or furnishing steam for the operation of all machines, engines and other appurtenances herein specified; all locomotive, tractor and truck type cranes; all derricks, boom hoists (of all descriptions and capacities), and automatic hoists; house and all elevator (permanent and temporary) used for hoisting building material or lowering debris or carrying workmen from floor to floor in buildings under construction and repair; all street rollers, steam and other motive power shovels; all Le Tourneu and other types of scoops, pull shovels, mucking machines, draglines and cableways; all clam-shell andorange peel buckets when used in connection with any machine or with derrick or boom hoist for excavating, handling storing, loading or unloading materials; all land and floating pile drivers, floating derrick barges and boats, floating and self-propelled dredges and^- rock drilling plants; all dinkey and standard locomotives, derrick cars, tractors and all tractor-propelled machinery; all power and elevator graders, scarifiers, bulldozers, Barber Green loaders, all trenching and ditching machines, all mechanical hoe-type machines, back fillers and conveyors; all cranes, derricks, machines, engines and boilers used in asphalt and concrete mixing plants and all other engines and machines (irrespective of motive power) used on building and construction work, or in the loading, unloading or storage of commodities at or in terminals; all persons engaged in supervising, controlling, operating or assisting in operating, maintaining and assisting in maintaining all facilities, including all instrumentation and appurtenances utilizing energy from nuclear fission or fusion, and its pro^ducts, such as radioactive isotopes, all electronically controlled construction

	equipment, all nuclear powered equipment including all drilling for nuclear operations and methods, all equipment used in oil drilling, all Laser beams, all emulsion distributing machines, and all remote control machinery used in operating equipment; all persons engaged in or assisting in surveying; all operation and servicing of helicopters used in construction.
Art. XIII. Section 2.	The General Executive Board may from time to time as it deems proper for the protection of the jurisdiction of the International Union of Operating Engineers exercise and maintain jurisdiction over persons engaged in work other than described in this Article, including but not limited to public employees, and such jurisdiction over such persons shall have the same Constitutional force and effect as though fully defined and set forth in this Article.
Conflict of Jurisdiction
Art. XIII. Section 3.	In cases where there shall be conflict between the craft jurisdiction of the Stationary Engineers' Branch and the craft jurisdiction of the Hoisting and Portable Engineers' Branch of this organization and one of said branches has already assumed certain craft jurisdiction of the other branch and has organized the same and entered into contractual relations with third parties involving such craft jurisdiction, such status may remain as now in effect.
ARTICLE XIV CHARTERS Classification of Charters
Art. XIV. Section 1.	Charters of the International Union of Operating Engineers may be granted to Local Unions, District Councils, Local Joint Executive Boards, Local, State and Provincial Organizations, to Local Unions for junior and Assistant Engineers' Subdivisions, Registered Apprentice Engineers Subdivisions, and Branch Engineers' Subdivisions, and to

	such other subdivisions as may from time to time be authorized and established.
Application for Charters
Art. XIV. Section 2.	An application for a charter of a Local Union shall be upon the form prescribed by the International Union of Operating Engineers and shall be signed by not less than fifteen (15) applicants, none of whom shall be members of the International Union, which requirements may be changed by the International Union. The requirements for all other applications for charters shall be established by the General Executive Board.
Qualification of Applicants
Art. XIV. Section 3.	Upon receipt of an application for a charter, the General President shall proceed to satisfy himself that the applicants are qualified, and if found to be so he shall direct the General Secretary-Treasurer to issue the charter. In the formation of new Local Unions the members thereof shall be charged such charter fees, entrance fees and organization fees as the International Union shall establish.
Junior and Assistant Subdivisions, Registered Apprentice Subdivisions and Branch Subdivisions
Art. XIV. Section 4.	Local Unions as such may make application for sub-charters covering junior and assistant engineers, registered apprentice engineers and branch engineers in such manner and form as prescribed by the International Union and the said sub-charters shall confer no greater craft jurisdiction than that held by the parent Local Union making such application.
Government of Junior and Assistant Engineers' Subdivisions, Registered Apprentice Subdivisions and Branch Engineers' Subdivisions
Art. XIV. Section 5.	Any Junior and Assistant Engineers' Subdivision, Registered Apprentice Engineers' Subdivision or Branch Engineers' Subdivision heretofore

or hereafter created by the sub-charters referred to in this Article, shall function under the direction and control of the parent Local Union to which the same belongs. They shall be accountable to and function under their parent Local Union and they shall respond to, be under the control of and be governed by the said parent Local Union; provided, however, that the members of the said junior and Assistant Engineers' Subdivision, Registered Apprentice Engineers' Subdivision and the Branch Engineers' Subdivision, if in good standing as required by the International Union and credited with their per capita tax paid to and remitted by the parent Local^-Union, may vote upon such referendums as shall be submitted to the parent Local Union for them by the International Union. They shall be entitled to such participation in the Death Benefit Fund as may be provided for them by the International Union. Except as otherwise provided in this Constitution, they may not hold office in their parent Local Union. There shall be no officers in the subdivisions.

Branch engineers and junior and assistant engineers shall have equal tights to nominate, vote for and be dele gates to General Conventions and to State, Interstate and Provincial Organizations. They shall have equal tights to nominate candidates and to vote in elections and referendums of the parent Local Union, to attend its membership meetings, and to participate in the deliberations and business of such meetings. Members of Registered Apprentice Engineers' Subdivisions shall have equal rights to vote for delegates to General Conventions and to State, Interstate and Provincial Organizations, to vote in elections and referendums of the parent Local Union, and to attend its membership meetings.

A Local Union may provide in its bylaws that any person applying for membership in a Junior and Assistant Engineers' Subdivision or a Branch Engineers' Subdivision shall, as a condition of acceptance and continuation of membership in such subdivisions, agree to pay in three yearly installments any differential in the initiation fee charged for membership in such

	Subdivision and that charged for membership in the parent Local Union. Upon the expiration of the three year period and upon payment in full of the differential in the initiation fee, if any, such member shall be transferred into the parent Local Union and shall, if otherwise qualified, be eligible for nomination and election to office in the parent Local Union. Any member initiated into a Junior and Assistant Engineers' Subdivision or a Branch Engineers' Subdivision whose membership therein continues for two consecutive years immediately prior to election shall be eligible, whether or not he has transferred into the parent Local Union, for nomination and election to office in the parent Local Union if he is otherwise qualified under the provisions of the International Constitution.
Definition of Junior and Assistant Engineers
Art. XIV. Section 6(a).	Junior and assistant engineers are defined as including all persons who work at the craft over which this organization exercises craft jurisdiction and who begin as oilers, firemen, or helpers under such tutelage and guidance as a parent Local Union may direct.
Definition of Registered Apprentice Engineers
Art. XIV. Section 6(b).	Registered apprentice engineers are defined as including all persons who aspire through training, effort and application to become masters of the craft over which this organization exercises craft jurisdiction and who are indentured as registered apprentice engineers under such tutelage and guidance as a parent Local Union may arrange. Registered apprentice engineers shall be admitted to the Registered Apprentice Engineers' Subdivision under the following conditions: (a) successful completion of a probationary period as an indentured apprentice, not to exceed six months; (b) tender of the regular, uniform initiation fee established for the Registered Apprentice Engineers' Subdivision. Registered apprentice engineers shall be entitled to

	transfer to the parent Local Union or to the appropriate branch of theirLocal Union upon application and fulfillment of the following requirements: (a) successful completion of a uniform period of apprenticeship within a Local Union as a member of a Registered Apprentice Engineers' Subdivision; (b) successful demonstration of capacity to meet reasonable and uniform qualifications as journeymen engineers as prescribed by the parent Local Union; and (c) tender of any differential in the initiation fee and dues fixed for membership in the parent Local Union of the appropriate branch, as the case may be. Cancellation of an apprentice's agreement, for a just cause, after written and specific notice and a full and fair hearing by the apprenticeship committee, shall automatically cancel his membership in the International Union of Operating Engineers and in the Local Union. The apprenticeship committee shall notify the Financial Secretary of^-the Local Union of all such cancellations. Other provisions of this Constitution notwithstanding, there shall be no appeal to the International Union by a registered apprentice engineer, for cancellation of his membership through action of the apprenticeship committee.
Definition of Branch Engineers
Art. XIV. Section 7	Branch Engineers are defined as those persons who, qualified by craft to become members of the International . Union of Operating Engineers, may desire to be constituted a Subdivision thereof through the application of a parent Local Union and who are employed in any class of employment existent within the territorial jurisdiction of a parent Local Union which class of employment shall not have become organized nor be engaged in employing members of said parent Local Union.
Property of Local Unions
Art. XIV. Section 8(a)	The supplies furnished with a charter for a Local Union will be a voucher and

	receipt book, one seal, Financial Secretary's book, Treasurer's book, one minutes book, one day book, three rituals, one hundred letterheads, one hundred envelopes (stock), fifty application cards and fifteen copies of the Constitution. Membership books and/or cards, the charter, seal and all books and other paraphernalia shall be the property of the International Union and shall be delivered to the General President of the International Union upon demand by the General Executive Board, or by order of the General Convention.
Art. XIV. Section 8(b).	If at any time a Local Union or other sub- division shall withdraw, lapse, dissolve, be suspended, placed under supervision or expelled from the International Union, or shall have its charter revoked, all of its real and personal property, paraphernalia, books, charter, seal, records, card indexes and funds shall immediately revert to the International Union and the General President shall at once, in person or by deputy, take possession of such property, paraphernalia, books, charter, seal, records, card indexes and funds of said Local Union or other subdivision, all of which he or his deputy shall receipt for, and he or his deputy shall forward the same to the General Office or hold as directed.
Art. XIV. Section 8(c)	The officers and members of said Local . Union or other subdivision, individually and collectively, shall be held strictly responsible for all such property, paraphernalia. books, charter, seal, records, card indexes and funds until they are turned over to the General President or his authorized representative and receipted for.
Art. XIV. Section 8(d).	They shall be individually and collectively accountable therefor to the International Union, and suit may be instituted through the General President to recover the real and personal property, paraphernalia, books, charter, seal, records, card indexes and funds, or for money damages if any of them have been concealed or destroyed.

Art. XIV. Section 8(e)	All supplies necessary for the proper functioning of Local Unions shall be uniform, and all Local Unions must secure such supplies from the General Secretary-Treasurer, application to be made therefor, on the official order blank, accompanied by the necessary monies to cover the cost of the same, and no Local Union, under penalty of expulsion, shall furnish any other Local Union with any of such supplies, nor use any such supplies unless furnished by theInternational Union.
Form of Charter
Art. XIV. Section 9.	No charter to a Local Union shall hereafter be granted unless the same shall distinctly state upon its face a description of the territorial and craft jurisdiction conferred, qualified by a statement that such territorial and craft jurisdiction so conferred may be amended, restricted or enlarged by the International Union. Charters issued in accordance with this Article shall be in such form as the General Executive Board shall prescribe, consistent with the Constitution and laws of the International Union of Operating Engineers.
ARTICLE XV TRANSFER AND CLEARANCE CARDS, SERVICE DUES, WITHDRAWAL CARDS AND GENERAL OFFICE MEMBERSHIP Transfer Cards
Art. XV. Section 1.	When a Local Union has been dissolved, suspended, or when its charter has been revoked or surrendered or otherwise becomes inoperative, any member in good standing of such Local Union may, through the General Secretary-Treasurer, upon application to and by consent of a majority of the General Executive Board, be given a transfer card

	which will entitle him to make application for admission to the nearest Local Union in his vicinity.
Clearance Cards
Art. XV. Section 2(a)	Any member desiring a clearance card for the purpose of transferring his membership to another Local union shall apply to the Financial Secretary of his Local Union, and ifsuch member is in good standing in his Local Union, and no charges are pending against him, the Financial Secretary shall grant a clearance card upon the payment by the member of any unpaid dues, or other obligations, plus One ($1.00) Dollar Tor the clearance card.
Art. XV. Section 2(b)	If an applicant for a clearance card has been a member of the International Union for less than six months, then upon the granting of a clearance card he shall pay to said Local Union the sum of Fifteen (S15.00) Dollars as a fee therefor.
Art. XV. Section 2(c)	Thereafter a member obtaining a clearance card must present the same to the Local Union into which he desires to transfer, for acceptance by it, and the matter shall be referred to a committee of such Local Union, which shall report to the Local Union on the character and qualifications of the member making application for transfer, and said Local Union may, by a majority vote, accept or reject said clearance card, such acceptance or rejection to be entirely within the discretion of the Local Union.
Art. XV. Section 2(d)	No member desiring to transfer into another Local Union shall negotiate for, accept or commence work until his clearance card has been accepted or a service dues receipt shall have been issued to him as hereinafter provided. Enforcement of this provision shall be wholly a matter of internal discipline. A violation of this provision shall not be used as a basis for any action adversely affecting employment rights, except in accordance with the terms of a valid union security agreement. If and when his clearance card is accepted, he shall be governed by the wage

	scale, rules and bylaws of said Local Union and if the Local Union into which such member enters has a higher initiation fee and the bylaws of such Local Union require it, he may be required to pay the amount of the difference to the receiving Local Union, in which event, the initiation fee tax on such difference shall be charged and collected by the General Secretary-Treasurer. In the event the said bylaws waive the payment of this difference, then there shall be no initiation fee tax charged or collected by the General Secretary-Treasurer.
Art. XV Section 2(e).	Local Unions shall purchase clearance cards from the General Secretary-Treasurer and said cards shall be drawn up by the General Secretary-Treasurer in duplicate and designated "Coupon No. "1" and "Coupon No. 2." Upon entering the Local Union into which he may transfer the member shall sign both coupons, Coupon No. 1 being retained by the Financial Secretary of the Local Union into which he transfers and Coupon No. 2 being transmitted by the Financial Secretary of the Local^- Union into which he has transferred to the Financial Secretary of the Local Union which issued the card no later than the last day of the month in which the member was accepted. Thereafter the Financial Secretary of the Local Union into which the member has transferred, shall, on the next monthly report, set forth the name and membership number of the member so admitted.
Travel Service Dues

Art. XV. Section 3(a)

Members of one Local Union shall not seek employment, be employed, or remain at work at the craft within the territorial jurisdiction of another Local Union without the consent of such other Local Union, which consent may be evidenced by its acceptance of the clearance card presented to it by the member involved, as provided in the Constitution, or by the issuance of the service dues receipt hereinafter described. If the member involved

does not present a clearance card to such other Local Union, or the Local Union to which the clearance card is presented fails to act thereon, or the Local Union to which the clearance card is presented acts thereon and refuses to affiliate such member, and the Business Representative of such other Local Union, in such cases, shall thereupon consent to the issuance of the service dues receipt (described herein), then the member involved shall be entitled to receive and required to secure successively, during the period within which said consent be granted and his work continue, such number of weekly service dues receipts if he is a hoisting and portable engineer, or monthly service dues receipts if he is a stationary engineer, as shall be issued to him by the said Business Representative under the regulations established by the ^general Executive Board. Such service dues receipts shall, for the period issued, allow the holder thereof to seek, accept, and hold employment within the territorial jurisdiction of such other Local Union out of which said service dues receipts shall be issued, but subject always to such regulations as shall be imposed thereon by the General Executive Board.

Provided, however, that pursuant to the August 4, 2003 action of the General Executive Board, as authorized by the 36th General Convention, employers shall have the right to bring in four key employees—as the third, sixth, ninth, and twelfth person hired (other hires to be from Local in whose jurisdiction the work is performed). On projects where less than twelve employees are dispatched, key employees will be hired (referred or dispatched) according to this formula until the staffing requirements of the project are met. An employer wishing to exercise the ability to bring in key employees will be obligated to sign (if it is not already signatory to) the Local^-Union master agreement in the area in which the job is located, and have a pre-job conference before the start or move-in of each and every project. The purpose of the pre-job will be for the employer to identify by name each key employee it wishes to bring onto the project, as well as to address

fringe benefit issues, and any other issues that may arise. "Key employees" are defined as those operating engineer employees who have been covered by a collective bargaining agreement with the IUOE or one of its Local Unions and who are regularly and customarily employed by the employer whenever it has work or who have been employed by it sometime during the past six months, and who, because of their knowledge, experience, special skills and/or training, are critical to the success of the particular project; under no circumstances will a key employee be allowed to serve as a master mechanic unless agreed to at the pre-job. Key employees will be laid off^-in the same order in which they Were hired. All operators hired (referred or dispatched) after the twelfth person hired will be laid off prior to any key employee being laid off, unless the employer determines its need for the key employee is finished. The principle of "money follows the employee" will govern health and welfare contributions for all traveling employees; pension and annuity contributions will similarly be governed by "money follows the employee," and the applicable fringe benefit funds will be obligated to adopt any necessary provisions to make such a procedure possible. With respect to the rate of the fringe benefit contributions, the employer will contribute, on behalf of the key employee, at the rate of the home Local agreement, unless the rate is higher in the Local agreement of the Local in whose jurisdiction the work is being performed, in which event that higher rate will apply. Contributions to other funds (such as apprenticeship and training, industry advancement, labor-management cooperative trust, etc) will be made on behalf of the key employees to those relevant funds required by the agreement in the jurisdiction in which the work is being performed. The employer agrees that, as a condition of having key employees on its project, it will pay the key employees not less than the applicable wage rate called for in the Local agreement of the Local in whose jurisdiction the work is being performed, and it will recognize the local working dues

and or administrative dues, if any, and charge and collect from "key employees" those dues and forward them to the Local Union in whose jurisdiction the work is being performed.

The provisions of the preceding paragraph will apply to key employees, unless the Local Union in whose jurisdiction the relevant work is to be performed is a member of an IUOE Regional Conference subject to a conference-wide key employee agreement binding on each Local Union in the Conference, in which case the terms of the conference-wide agreement will apply.

Travel service dues collected pursuant to this Section shall have as their primary purpose the defraying of the additional administrative and collective bargaining cost incurred by a Local Union in providing services for traveling members from sister Local Unions who are working within its jurisdiction, and the International Union's cost of recording members' movements in the labor market. Payment of travel service dues is an obligation arising as an incident of membership in the International Union. Failure of a traveling member to comply with this requirement shall subject him to an appropriate penalty as provided by the International Constitution for the violation of an obligation under the Constitution. Failure of a traveling member to pay travel service dues shall not be used as a basis for any action adversely affecting employment rights, except in accordance with the terms of a valid union security agreement. Enforcement of the collection of travel service dues shall be wholly a matter of internal Union discipline.

Prior Payments of Current Dues Required

Art. XV. Section 3(b).

The consent referred to in this Article shall not be granted by the said other Local Union or its Business Representative, nor shall travel service dues be collected^- from or service dues receipts be issued to, any said member who shall not, at the time when requesting a service dues receipt, have had his current monthly dues paid into the Local

	Union to which he belongs. Upon the issuance to him of the said service dues receipt the same shall always be available for inspection and certification as to its authenticity.
Applicants' Service Dues
Art. XV. Section3(c)	In each Local Union where applicants for membership engage at the craft upon work within the jurisdiction of said Local Union, the Local Union shall charge to and collect from each such applicant, applicants' service dues. Such dues shall be charged only so long as the applicant has not tendered full initiation fees and has not complied with the same requirements for admission generally applicable to other members. In no case, however, may applicants' service dues be charged for more than twelve (12) months after an individual has become an applicant for membership. Each Local Union retains the right to determine whether it will establish the procedure of accepting the payment of applicants' service dues as a temporary alternative to the payment of full initiation fees and regular periodic dues. Failure by an applicant for membership to pay service dues shall not be used by the Union as a basis for an action adversely affecting the employment rights of the applicant, except in accordance with the terms of a valid union security agreement. Under no circumstances shall payment of service dues be made a condition precedent to an applicant's obtaining employment in the first instance. Local Unions with Registered Apprentice Engineers' Subdivisions retain the right to determine if the provisions of this Section shall apply to Registered_ Apprentice Engineers during the probationary period prior to their initiation into the Registered Apprentice Engineers' Subdivision.
Amount of Applicant Service Dues
Art. XV. Section 3(d).	Each Local Union shall charge to and collect from all those persons within its territorial

	jurisdiction to whom this Article applies, applicant service dues in a minimum amount of two dollars ($2.00) per week, and, in addition, any amount paid by members of the Local Union as administrative, supplemental or working dues, or the monthly equivalent of said sum. The maximum amount of service dues to be charged and collected shall be five dollars ($5.00) per week or the monthly equivalent of said sum and, in addition, any amount paid by members of the Local Union as administrative, supplemental or working dues. In lieu of said amount, a Local Union may elect to charge and collect applicant service dues in an amount not to exceed the weekly equivalent of the amount of regular dues paid by members of the Local Union. Upon payment of the proper dues, there shall be issued an applicant service dues receipt for each applicant for membership.
Amount of Travel Service Dues
Art. XV. Section 3(e).	Each Local Union shall charge to and collect from all persons within its territorial jurisdiction to whom this Article applies, travel service dues in the amount of five dollars ($5.00) per week, and, in addition, any amount paid by members of the Local Union as administrative, supplemental or working dues, or the monthly, equivalent of said sum. In lieu of said amount, a Local. Union may elect to charge and collect travel service dues in an amount not to exceed the weekly equivalent of the amount of dues, including regular dues and administrative, supplemental or working dues, paid by members of the Local Union. Upon payment of the proper dues, there shall be issued a travel service dues receipt for each traveling member.
Form of Service Dues Receipt and Distribution of Copies

Art. XV. Section 3(f).

The form of the service dues receipt issued to traveling members and to applicants shall be
substantially as follows:

INTERNATIONAL UNION OF
OPERATING ENGINEERS

(Seal)
Date    20    Received from
Reg. No.     Member of Local No
City of   State

SERVICE DUES for

Week ending   through
Months of    Service dues paid in Local No.
City     State     Dues paid for month of
Initiation Fee being paid     If more than one week is paid for, then additional service dues receipts to cover must be attached hereto and serial numbers noted hereon.
No
The total number of weeks paid for shall be checked below and the serial numbers of all service dues receipts attached shall be entered hereon.
Weeks   Number
One       ❑   Serial No.
Two      ❑   Serial No _____________________
Three    ❑   Serial No.
Four      ❑   Serial No _____________________
Five      ❑   Serial No.
Six        ❑   Serial No     ____________________
Seven   ❑   Serial No.
Eight     ❑   Serial No _____________________
Nine      ❑   Serial No.
Ten      ❑   Serial No   _____________________
Amount paid
Representative __________________________

In case of applicants for membership the information required above with reference to register number and Local Union data shall be omitted.

Each service dues receipt shall be printed in duplicate labeled "Original" and "Duplicate." The original

	shall be issued to the member, the duplicate shall remain bound in the Service Dues Book.
Printing and Distribution of Service Dues Book
Art. XV. Section 3(g).	The General Secretary-Treasurer shall cause the service dues receipts described herein, or those Local Unions that do not utilize electronic data processing for processing service dues payments, to be printed and made available to Local Unions.
Art. XV. Section 3(h).	The General Executive Board is authorized and empowered to establish, amend, alter and administer the terms, conditions, and rates under which the service dues receipts herein provided shall be issued and enforced. No service dues receipt as described in this article shall be issued to or used by any person who is not, at the time, either a member of the Union of Operating Engineers or an applicant for membership therein, and the attempted issuance of such a service dues receipt above referred to by any officer or employee of the organization to any other person than those described herein shall be unauthorized, null and void. Registration fees, if charged by a Local Union, must bear a reasonable relationship to the service provided to the registrant by the Local Union and shall not be in excess of the fixed monthly dues.
Data Processing Service Dues
Art. XV. Section 3(i)	Local Unions that employ electronic data processing equipment may systematize the processing of service dues, including computer-generated service dues receipts.
Withdrawal Cards
Art. XV. Section 4(a)	Any member of the International Union . who ceases to perform the work of an engineer, may, at the option of his Local Union, be given a withdrawal card; but no withdrawal card shall be issued to any member of the International Union who is employed as an engineer. This section, however, shall not apply to any members of the International

	Union who are serving or acting in any capacity for a Local Union or the International Union, whose duties prevent them from working at the trade, or engineers-who hold positions as inspectors of boilers or other machinery, or examiners of-engineers.
Art. XV. Section 4(b).	A fee of not to exceed Five ($5.00) Dollars may be charged for each withdrawal card.
Art. .XV. Section 4(c).	Local Unions shall purchase withdrawal cards from the General Secretary-Treasurer. When a holder of such card desires to reinstate himself in full good standing membership, he shall present this card and it shall be acted upon in the same manner as hereinbefore provided in the case of clearance cards.
Art. XV. Section 4(d).	Any member entering a Local Union on a withdrawal card shall pay the difference in initiation fee as hereinbefore provided in the case of clearance cards. If he shall enter said Local Union within a period of time less than thirteen (13) months dated from the month in which the withdrawal card was issued, he shall be required to pay all dues and assessments accruing in such period of time in the Local Union which issued the same, and said clues and assessments shall be paid to the Local Union admitting the member and shall be forwarded to the Local Union which issued the withdrawal card. At the same time he shall pay an assessment of Ten ($10.00) Dollars or such amount as shall be fixed by the General Executive Board, Fifty (50) per cent of which assessment shall be forwarded by the Local Union to the General Secretary-Treasurer. Members who enter said Local Union during the thirteenth (13th) month following the month in which the withdrawal card was issued shall be considered as having been on withdrawal for exactly one (1) year. If the member shall enter said Local Union after more than thirteen (13) months since the issuance of the withdrawal card, he shall pay an assessment of Ten ($10.00) Dollars or such amount as shall be fixed by

the General Executive Board, and a similar amount for each successive year or part thereof. Fifty (50) percent of which assessment shall be forwarded by the Local Union to the General Secretary-Treasurer. Provided, however, the total payment so required shall not exceed the amount of the regular current initiation fee in the Local Union to which the application is made.

All members of the International Union who have been granted withdrawal cards by their Local Unions and were then in good standing in the Death Benefit Fund may continue their good standing therein by paying on or before June 1 of each year, in advance and directly to the General Secretary-Treasurer, the sum of Nine ($9.00) Dollars per annum; but they shall not be in good standing in any other respect. Provided, however, members initiated on or after July 1, 1973, shall not participate in the Death Benefit Fund.

Art. XV. Section 4(e).

However, members holding withdrawal cards and desiring to continue in good standing in the Death Benefit Fund must make application to the General Secretary-Treasurer within thirty (30) days from the date the withdrawal card was issued and he must be paid up to and including the month of his death, or his death must have occurred within thirty (30) days after his dues and obligations shall have become due and payable, in order that his beneficiary may be entitled to the death benefits. In the event any member granted a withdrawal card violates any of the Articles of this Constitution, any Local Union or the General Executive Board shall cancel said withdrawal card, and he and his beneficiaries automatically lose his and their rights under the Death Benefit Fund.

General Office Membership

Art. XV Section 5.

When a Local Union has lapsed, been dissolved, suspended or had its charter

revoked, or has otherwise become inoperative, any member thereof who was in good standing at the time of such dissolution, suspension or revocation shall become a member of the General Office Membership, provided that within thirty (30) days from the date of such dissolution, suspension or revocation he pays to the General Secretary-Treasurer any unpaid dues or other obligation due to said Local Union from him, or due to the International Union from said Local Union in his behalf, including per capita tax, together with a fee of Five ($5.00) Dollars, or such other fee as mar be fixed by the General Executive Board, and at the same time makes application to the General Secretary-Treasurer for a transfer card to another Local Union as provided for in Section 1 of this Article; and he shall remain in the General Office Membership only until his transfer card is accepted by another Local Union, and while a member of the "General Office Membership he shall pay dues to the General Office, monthly in advance, in the amount of Five ($5.00) Dollars per month or such other amount as may be fixed by the General Executive Board. The General Secretary-Treasurer may suspend or expel any such member for non-payment of dues to the General Office or for any violation of the Constitution.

Junior and Assistant Engineers' Subdivision
Clearance Cards

Art. XV. Section 6.

Any member of a Junior and Assistant Engineers' Subdivision desiring a Junior and Assistant Engineers' Subdivision clearance card for the purpose of transferring his membership to another Junior and Assistant Engineers' Subdivision of another Local Union, shall do so in the same manner as prescribed in Section 2 of this Article, provided the Local Union in which he is a member of the Junior and Assistant Engineers' Subdivision shall, by a majority vote, consent to the issuance of said clearance card.

ARTICLE XVI DISCIPLINE AND EXPULSION IN GENERAL Penalty for Issuing Defamatory Literature
Art. XVI. Section 1.	In addition to the provisions of this Constitution setting forth the causes and the manner and form in which Local Unions, officers and members thereof may be disciplined and penalties may be invoked, any Local Pinion, subdivision or member thereof publishing or circulating literature of a defamatory nature in violation of their responsibility toward the International Union or any of its subordinate bodies as an institution, or engaging in conduct that would interfere with the performance by the International Union or any of its subordinate bodies of their legal or contractual obligations, may be tried by the General Executive Board upon charges filed with it, and upon conviction, may be disciplined or expelled as the General Executive Board may determine.
Penalty for False Applications
Art. XVI. Section 2.	Any person making a misrepresentation or misstatement in his application for membership, or who shall belong to more than one Local Union of this organization, on trial therefor and conviction thereof, be expelled from the International Union of Operating Engineers.
General Executive Board May Prosecute
Art. XVI. Section 3.	Any violation of the Constitution, Laws, Obligation and Ritual, or the rules, regulations and edicts issued by any officer or subdivision thereunto authorized by any Member, subdivision or officer, may, if not prosecuted by the subdivision thereunto authorized, or if no provision has been made therefor, be prosecuted, heard and penalized by the General Executive Board.

Penalty for Disruption, Radicalism, Etc.
Art. XVI. Section 4.	Any member who is found guilty after trial of advocating or otherwise supporting the overthrow of the established order, either of the Government or of this organization, by force or violence or subversive tactics, shall forthwith be expelled from membership or otherwise disciplined as the circumstances may require, which action may be taken and penalty imposed by either the Local Union of which the guilty party is a member or by the General President.
Charges by General Officers

Art. XVI. Section 5.

Any General Officer may file charges in any Local Union against any member thereof.

Good Standing Required of Officers

Art. XVI. Section 6.

No person shall become or remain President, Vice President, Secretary, Treasurer, Business Manager, Business Agent or other officer or representative of any Local Union unless he is a member thereof in good standing. In the event such person shall cease to be a member in good standing or holds a withdrawal card, he shall be disqualified from further serving in such official capacity and the exercise by him of all rights, powers, privileges, authority and duties connected with his office shall automatically be revoked and cease.

Violations of Welfare Plans Administration

Art. XVI. Section 7.

Where a salaried union official serves as employee representative or trustee in the administration of a health, welfare, retirement, training or death benefit program, or any other fund of a similar nature, such service should be regarded as one of the functions expected to be performed by a union official in the normal course of his duties and not as an extra function requiring further compensation, over and above his salary, from die funds of such programs. Therefore, officials who already receive full time pay from their union

	shall not receive fees or salaries from the funds of such programs. However, the provisions of this Section shall not bar the receipt of per diem and other reasonable expense allowances for such positions. Union officials, employees, or any other persons acting as agent, representative or officer of the union who exercise responsibility or influence in the administration of health, welfare, retirement, training or death benefit programs or any other fund of a similar nature, or the placement of insurance contracts must be entirely free of any compromising personal ties, direct or indirect, with outside agencies such as insurance carriers, brokers, consultants and others doing business with the welfare and death benefit plans. Such ties cannot be reconciled with their duty to be guided solely by the best interests of the membership in any transactions with such agencies. Any union official found to be involved in such ties to his own personal advantage, or to have accepted inducements, benefits or favors of any kind from such outside agencies, or who induces or directs associates or subordinates to accept financial participation and remuneration from health, welfare, retirement, training or death benefit programs or any other fund of a similar nature shall be deprived of privilege to hold office in Local Unions and the International Union.
ARTICLE XVII APPEALS Appeals to General Executive Board
Art. XVII. Section 1(a).	Any General Officer who shall have filed in a Local Union charges against a member thereof, and any officer or member of a Local Union, may appeal to the General Executive Board from the adoption of an action by said Local Union, or from a decision rendered by the General President, where such action or decision is not committed to the exclusive discretion of the Local Union or a particular officer. Any Local Union or member thereof which

belongs to a Local, State or Provincial Organization, Joint Executive Board or District Council may appeal to the General Executive Board from an act or decision of said Local, State or Provincial Organization, Joint Executive Board or District Council. Notice of such appeal must be in writing and filed with the General Secretary-Treasurer within thirty (30) days from the date of the adoption of said action or the rendition of said decision by the General President.

Requests to modify, continue, amend, withdraw or invoke International Supervision, together with official actions or inaction thereon shall constitute appealable matters and be processed in the manner and form regulating appeals under the Constitution. Any such request, when signed by not less than twenty-five (25) percent of the members in good standing of a Local Union, shall cause a referendum on the subject to be submitted to the membership by the General President, who shall be guided by the results thereof in his decision on the question involved therein.

Art. XVII. Section 1(b).

The party making such appeal must file with the notice of appeal a written statement covering the decision of the General President complained of, together with sufficient facts to permit the General Executive Board's consideration of the same, or a complete statement of the evidence, exhibits and decision in the case of an appeal from the act of a Local Union or subdivision herein referred to, and at the same time file a copy of said evidence, exhibits and decision with the said Local Union or subdivision affected. The General Secretary-Treasurer shall thereupon notify the party against whom the appeal is taken, which party shall be allowed thirty (30) days from such notice within which to file an answer or defense. When both parties have properly filed the matters hereinbefore required, or upon the expiration of the period allowed for such filing, the General Executive Board shall proceed to hear the appeal, either upon the record or upon retrial, or both, and render its decision thereon.

Art. XVII. Section 1(c).	All interpretations and decisions by the General Executive Board involving the organic law of the International Union of Operating Engineers shall be subject to review only by the General Convention, and all findings of facts by the General Executive Board shall be final, conclusive and binding.
Appeals to General Convention
Art. XVII. Section 2.	Any subdivision within the International Union of Operating Engineers, and any officer or member thereof, and any General Officer may appeal from the decision of the General Executive Board to the General Convention. Notice of such appeal, together with a complete statement of the record, Findings and exhibits in the case must be filed within thirty (30) days from the rendition of a decision by the General Executive Board by delivery of said documents and notice of appeal to the General Secretary-Treasurer.
Pendency of Appeals
Art. XVII Section 3.	Except as otherwise provided in this Constitution, pending the termination of any appeal, the action or decision appealed from shall remain in full force and effect.
All Court Actions Superseded

Art. XVII. Section 4.

To the extent not limited by law, no suit or other action at law or equity shall be brought in any court and no proceeding shall be initiated before any administrative agency by any member, officer or subdivision of the International Union of Operating Engineers until and unless all rights, remedies and reasonable provisions for hearing, trial and appeal within the Organization shall have been properly followed and exhausted by the member, officer or subdivision complaining. This provision shall only require resort to internal remedies for a period not exceeding four (4) months. Any member violating this provision, shall, in addition to the penalties prescribed in the Constitution

and Ritual, be subject to a fine equal to the full amount of the costs incurred in the defense of any such action by the Union, together with such costs additional as the court may fix or assess against said member.

ARTICLE XVIII

METHODS OF AMENDING AND
REVISING CONSTITUTION AND
INVOKING INITIATIVE AND RECALL

Amending Constitution at General Convention

Art. XVIII. Section 1	The Constitution may be amended or revised at a General Convention provided the proposal to amend or revise be made in writing and be filed with the General Secretary-Treasurer not less than seventy-five (75) days prior to the date of the calling of said Convention. Such proposal to amend or revise the Constitution shall emanate from a Local Union in good standing or a General Officer of the Organization and must bear the seal of the Local Union or General Officer proposing the same. The General Secretary-Treasurer shall submit all such proposals properly filed with him to the General Executive Board and to all Local Unions in good standing not less than thirty (30) days prior to the date of the General Convention.
Initiative and Recall
Art. XVIII. Section 2.	Whenever forty (40) percent of all Local Unions in good standing and representing at least forty (40) percent of the entire membership of the International Union in good standing, by a majority vote of the entire membership of each, shall file with the General Secretary-Treasurer a petition requesting the recall from Office of any General Officer, the General Secretary-Treasurer shall thereupon submit the same to the membership and a vote shall be taken thereon. Upon receipt of such petition the General Secretary-Treasurer shall set the time within which the Local Unions shall

	vote. No recall petition shall prevail unless there shall be cast thereon the votes of not less than fifty-five (55) percent of the entire membership of the International Union in food standing and a majority vote of the entire membership in good standing cast in favor thereof.
Method of Voting

Art. XVIII. Section 3.

The voting upon any proposition arising under this Article shall be conducted by the General Secretary-Treasurer upon tally sheets and ballots transmitted by the General Secretary-Treasurer to the Local Unions. Ballots shall be transmitted by the Local Unions to all members in good standing. The referendum shall be conducted by mailed secret ballot. Adequate safeguards to insure a fair vote shall be provided by the Local Union in accordance with the International Constitution, applicable law and such rules and regulations as may be promulgated by the General Executive Board. The General Executive Board shall appoint three (3) tellers and retain a Certified Public Accountant to certify and announce the results of the voting on the basis of the tally sheets transmitted to them by the Local Unions. After the vote shall have been taken by the Local Unions in the manner herein prescribed, the report of said vote upon the tally sheets shall be transmitted by the Local Unions to the tellers and a Certified Public Accountant appointed by the General Executive Board, and the tellers and Certified Public Accountant shall report the result of said vote to the General Secretary-Treasurer, who shall cause it to be published in the next issue of the journal.

ARTICLE XIX

DEFENSE FUND, LOCKOUTS
AND STRIKES

Defense Fund

Art. XIX. Section 1

There shall be a Defense Fund which shall be drawn upon for the purpose of

	defending the International Union and its members in efforts to prevent lockouts and strikes, by assisting in sustaining the members in cases of lockouts and authorized strikes, in protecting, and defending the International Union and its members in any legal proceedings brought against it or its members, to employ counsel, and for any other purpose which the General President, subject to the approval of the General Executive Board, shall deem necessary for the further protection of the International Union and its members.
Lockouts and Strikes
Art. XIX. Section 2.	When a strike has been authorized by the General President, and a lockout, including lockouts caused by strike action of an affiliated union have been reported and investigated by the General President, upon good cause shown, he shall instruct the General Secretary-Treasurer to remit to the Financial Secretary of the Local Union involved, strike benefits in the amount of not less than Thirty-Five ($35) Dollars per week per member affected, for the purpose of assisting in sustaining such Local Union during the pendency of the lockout or strike. The continuance of such payments shall be until further order of the General President, subject to a review by him in the event the strike or lockout exceeds thirty (30) days.
Strike Benefits

Art. XIX. Section 3.

No financial assistance shall be given to any Local Union or Unions until a period of one (1) week has elapsed from the time a lockout or strike began; but thereafter it shall continue for such period of time as in the judgment of the General President may be necessary. Those members entitled to strike benefits shall be reported to the General President by the Financial Secretary of the Local Union or Unions involved in such lockouts or strikes on forms provided for such purpose by the General Secretary-Treasurer. No strike benefits shall be paid to any member who is not actually a striker or a victim of

	a lockout, and such benefit shall cease when the member involved secures employment.
ARTICLE XX DEATH BENEFITS

Art. XX. Section 1.

All death benefits, or claims shall be paid from the Death Benefit Fund in conformity with the provisions of this Article only, and no other funds or property of the International Union shall be liable for the payment thereof, nor shall the International Union be liable beyond the amount at any time available in the Death Benefit Fund.

Art. XX. Section 2.

Effective August 1, 1968, the amount of death benefits payable to the beneficiary or beneficiaries of a member who has been granted a withdrawal card prior to that date shall be computed on the basis of the number of years such member has been in good standing as of August 1, 1968, and shall not thereafter be increased during the period such member remains on withdrawal card. 'The amount