Article 2

Jurisdiction, Membership and Eligibility to Office

[ Article 1 ] [ Article 2 ] [ Article 3 ] [ Article 4 ] [ Article 5 ] [ Article 6 ] [ Article 7 ] [ Article 8 ] [ Article 9 ] [ Article 10 ] [ Article 11 ] [ Article 12 ] [ Article 13 ] [ Article 14 ] [ Article 15 ] [ Article 16 ] [ Article 17 ] [ Article 18 ] [ Article 19 ] [ Article 20 ] [ Article 21 ] [ Article 22 ] [ Article 23 ] [ Article 24 ] [ Article 25 ] [ Article 26 ]

Jurisdiction
Section 1 (a). This organization has jurisdiction over all workers including, without limitation, teamsters, chauffeurs, warehousemen and helpers; all who are employed on or around horses, harness, carriages, automobiles, trucks, trailers, aircraft and all other vehicles hauling, carrying, or conveying freight, merchandise or materials; automotive sales, service and maintenance employees; garage workers and service station employees; warehousemen of all kinds employed in warehouse work, stockmen, shipping room employees and loaders, that is, persons engaged in loading or unloading freight, merchandise, or other materials on, to, or from any type of vehicle; all classes of dairy employees, inside and outside, including salesmen, brewery and soft drink workers; workers employed in ice cream plants; all other workers employed in the manufacture, processing, sale and distribution of food, milk, dairy and other products; all truck terminal employees; cannery workers; all craft or classes of airline employees; office, technical and professional employees; health care employees; agricultural employees; public employees; and industrial employees.

(b). Where used in this Constitution, words in the masculine also shall be read and construed as in the feminine in all cases where such construction would so apply.

Membership
Section 2 (a). Any person shall be eligible to membership in this organization upon compliance with the requirements of this Constitution and the rulings of the General Executive Board. Each person upon becoming a member thereby pledges his honor: to faithfully observe the Constitution and laws of the International Brotherhood of Teamsters, and the Bylaws and laws of his Local Union; to comply with all rules and regulations for the government of the International Union and his Local Union; to faithfully perform all duties assigned to him to the best of his ability and skill; to conduct himself or herself at all times in such a manner as not to bring reproach upon the Union by violating any specific provision of this Constitution; to take an affirmative part in the business and activities of the Union and accept and discharge his responsibilities during any authorized strike or lockout; that he will not divulge to nonmembers the private business of the Union unless authorized to reveal the same; to never knowingly harm a fellow member; to never discriminate against a fellow worker on account of race, color, religion, sex, age, physical disability or national origin; to refrain from any conduct that would interfere with the Union's performance of its legal or contractual obligations; and at all times to bear true and faithful allegiance to the International Brotherhood of Teamsters and his Local Union.

(b). Persons who own, lease or operate a team or vehicle and/or perform any other work may be eligible for membership in this International Union. If, however, any Local Union can prove to the satisfaction of the General President that the membership of such individuals would be detrimental to the welfare of the Local Union, it may present such facts to the General President for authority to refuse to accept such persons as members. The General President shall consider all the facts and circumstances and render a decision in the matter, subject to appeal to the General Executive Board, which shall be binding on the Local Union.

(c). The foregoing provision shall apply with equal force to so-called "vendors" and "owner-equipment drivers." A "vendor" is a person who purchases products and sells the same on his own behalf. An "owner-equipment driver" is a person who, in connection with his employment, uses equipment sold or leased to him by his employer or equipment which he has purchased independently but which he uses in whole or in part in the service of his employer. When such persons apply for membership in the International Union, the Local Union and the International Union shall have the right and authority as a condition precedent to membership to approve or disapprove any contract pertaining to such form or similar form of employment.

(d). All contracts hereafter renewed or entered into pertaining to such form or similar form of employment shall likewise be subject to such approval or disapproval of the Local Union and International Union. If, in the judgment of the Local Union or International Union, such employment contract will constitute a reduction in the union wage scale then prevailing for such service without "owner equipment," the same shall not be approved by the Local Union, and such persons shall be ineligible to membership or, if members, shall cease to work under such conditions or be subject to suspension or expulsion by the Local Union or International Union.

(e). The General Executive Board is empowered, when necessity arises, to change, alter and amend any provision of paragraphs (b) through (d) inclusive of this Section.

(f). Local Unions and other subordinate bodies are authorized, through duly adopted Bylaws and with the approval of the General President, to place such specific limitations as the circumstances warrant on the right of members who hold supervisory positions to participate in the affairs of their organizations, but such members shall not be permitted to hold office, unless permitted by federal, state, local or provincial law.

(g). No Local Union or other subordinate body shall exclude or expel from membership or otherwise discriminate against any individual, or cause or attempt to cause any employer to discriminate against any individual, because of his race, color, religion, sex, age, physical disability or national origin, nor limit, segregate or classify its membership, or classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive any individual of employment opportunities or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment because of such individual's race, color, religion, sex, age, physical disability or national origin.

(h). No member seeking to resign from membership in any Local Union may do so except by submitting such resignation in writing to the Secretary-Treasurer of the Local Union. Any member who resigns before he has paid all dues, assessments, fines and other financial obligations owing to any subordinate body shall be obligated to pay such obligations to his former Local Union. All members acknowledge that any obligations owing at the time of resignation shall be collectible by the Local Union in any appropriate forum. This shall not relieve any member of any obligation to comply with any other provision of this Constitution regarding acquisition or maintenance of membership in good standing.

Section 3 (a). No person who actively advocates the overthrow of a federal, state or provincial government by force or violence, or is a member of any party or group and knows of and actively advocates its purpose to overthrow a federal, state or provincial government by force or violence, shall be allowed to hold membership in the International Union or any of its subordinate bodies. If any such person obtains Union membership, or after having been admitted to Union membership advocates the overthrow of a federal, state or provincial government by force or violence, or becomes a member of a party or group and knows of and actively advocates its purpose to overthrow a federal, state or provincial government by force or violence, he shall be expelled from membership upon the filing of charges and the conduct of a trial in accordance with the applicable procedures set forth in Article XIX.

(b). The action of the Local Union Executive Board is final and binding, with the understanding that either party has the right to appeal in accordance with this Constitution, subject to the following provision: if, in the opinion of the General President, the above Section has not been complied with in principle and intent by the Local Union or its executive officers, he or someone appointed by him or acting for him, shall be empowered to reopen and review the case and, if he deems it advisable, he or his representative shall be empowered to transfer the case to the General Executive Board. If the General Executive Board returns a decision of guilty, the decision shall be final and binding.

Eligibility to Office
Section 4 (a) (1). To be eligible for election to any office in a Local Union, a member must be in continuous good standing in the Local Union in which he is a member and in which he is seeking office, and actively employed at the craft within the jurisdiction of such Local Union for a period of twenty-four (24) consecutive months prior to the month of nomination for said office, and must be eligible to hold the office if elected. "Continuous good standing" means compliance with the provisions of Article X, Section 5, concerning the payment of dues for a period of twenty-four (24) consecutive months, together with no interruptions in active membership in the Local Union for which office is sought because of suspensions, expulsions, withdrawals, transfers or failure to pay fines or assessments. Provided, however, that if a member on withdrawal deposits his card in the month immediately following the month for which it was effective and pays his dues for both months in a timely manner as provided in Article X, Section 5 (c), such period of withdrawal shall not be considered a break in continuous good standing in the Local Union.

Failure of a Local Union to issue a withdrawal card shall not be conclusive proof that a nominee was actively employed at the craft within the jurisdiction of the Local Union during the required twenty-four (24) month period prior to his nomination if a challenge is made based on evidence to the contrary, in which event a determination shall be made on the facts presented. Periods of unemployment during the twenty-four (24) month period preceding the nomination shall not be considered a break in active employment at the craft within the jurisdiction of the Local Union if the nominee was actively seeking and available for employment in the craft, and not working outside the craft during such periods of unemployment.

(2). A Local Union in its Bylaws may require that a member, to be eligible for election to any office in the Local Union, must have attended a minimum number of the regular or divisional meetings of the Local Union, but not to exceed fifty percent (50%) during the twenty-four (24) consecutive months prior to nomination. Any Local Union in which a meeting attendance requirement is in effect shall keep accurate records reflecting those members who are in attendance at each meeting and shall enact, after proper notice to its members, either a bylaw amendment or an appropriate motion exempting from the attendance requirement any member who, because of illness, regular employment, or other good cause, is unable to attend a meeting. Any exemption system shall be uniformly and fairly applied.

(3). To be eligible for election to any office in the International Union, or a subordinate body other than a Local Union, a member must be in compliance with Article II, Section 4 (a) (1) and 4 (a) (2), if applicable, prior to nomination for said office.

(4). The requirement of continuous good standing and working in the jurisdiction and the obligation to take a transfer card or an honorable withdrawal card, as provided in this Constitution, shall not be applicable to any officer, employee or member during a leave of absence granted to such officer, employee or member with the approval of the Local Union Executive Board.

(b). In newly chartered Local Unions which have been in existence for less than twenty-four (24) months, a candidate for Local Union office must be a member and in continuous good standing in such Local Union and must have worked under its jurisdiction as a member for at least half of the period of time since the Local Union was separately chartered by the International Union.

(c). In newly chartered Local Unions, chartered as a result of split-off or merger, a candidate must be a member of the newly chartered Local Union, must have worked in the jurisdiction for a total period of two (2) years, and for a total period of twenty-four (24) consecutive months prior to nomination must be in continuous good standing on a cumulative basis in the newly chartered Local Union and the Local Union from which the newly chartered Local Union was split-off or with which the newly chartered Local Union was merged.

(d). To be eligible for election to any office in a Local Union a member who has been involuntarily transferred from one Local Union to another Local Union must have worked at the craft as a member under the jurisdiction of the Local Union from which he has been transferred, and must have been so employed and in continuous good standing on a cumulative basis in both Local Unions for a total of twenty-four (24) consecutive months prior to nomination.

(e). All officers and full-time employees of the International Union and of any affiliate (excepting licensed, professional personnel employed as such) shall be considered as meeting the requirement of working at the craft within the jurisdiction for the purpose of retaining active membership and to be eligible for election to office in a Local Union in which he is a member or the International Union or any subordinate body or as a delegate to International Conventions. However, officers who are not full-time employees of an affiliate and who are not otherwise employed at the craft shall not be considered to satisfy the working at the craft requirement by virtue of being an officer for longer than the term of office being served at the time full-time employment at the craft has been terminated.

(f). The eligibility requirements of subparagraphs (a) (1) and (2) of this Section 4 shall apply to elected members of Local Union Executive Boards, elected Business Agents of Local Unions, delegates to Central Bodies or other subordinate bodies of this International Union, and delegates to all conventions of labor and to the Conventions of the International Brotherhood of Teamsters.

(g). Elected officers of the International Union, Local Unions and other subordinate bodies shall be delegates to such subordinate bodies, and to conventions of such other subordinate bodies by virtue of their office and in accordance with applicable provisions of this Constitution and the Bylaws of such other subordinate bodies.

(g). Elected officers of the International Union, Local Unions and other subordinate bodies shall be delegates to other subordinate bodies, Conventions of the International Brotherhood of Teamsters, and all other conventions by virtue of their office and in accordance with applicable provisions of this Constitution and the Bylaws of such other subordinate bodies.

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