Article 26

Saving Clauses

[ 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 ]

Section 1. The provisions of this Constitution relating to the payment of dues, assessments, fines or penalties, etc., shall not be construed as incorporating into any union-security contract those requirements for good standing membership which may be in violation of applicable law, nor shall they be construed as requiring any employer to violate any applicable law. However, all such financial obligations imposed by or under this Constitution and Local Union Bylaws (and in conformity therewith) shall be legal obligations of the members upon whom imposed and enforceable in a court of law.

The General Executive Board is authorized to adopt any plan or arrangement relating to such requirements and obligations which may be imposed by applicable law.

Section 2. If any provision of this Constitution shall be declared invalid or inoperative by any competent authority of the executive, judicial or administrative branch of a state, provincial or federal government, the General Executive Board shall have the authority to suspend the operation of such provision during the period of its invalidity and to substitute in its place and stead a provision which will meet the objections to its validity and which will be in accord with the intent and purpose of the invalid provision. If any Article or Section of this Constitution should be held invalid by operation of law or by any tribunal of competent jurisdiction, the remainder of this Constitution or the application of such Article or Section to persons or circumstances, other than those as to which it has been held invalid, shall not be affected thereby.

Section 3. The General Executive Board shall have the authority to consider changes to this Constitution which may be necessary to resolve any pending or threatened litigation. However, the General Executive Board shall not have authority to agree to amend any provision of this Constitution concerning the rights of any affiliated subordinate body without first obtaining approval from a majority of delegates attending a Special Convention. In such circumstances, a Special Convention must be called if a majority of the members of the General Executive Board agrees to recommend the adoption of any such amendment to this Constitution as a means of resolving pending or threatened litigation. Any Special Convention convened under this Section shall be limited to consideration of the amendment(s) proposed as a means of resolving the matters at issue in the pending or threatened litigation. The delegates to any such Special Convention shall be those members who were delegates to the most recent Convention of the International Union. Any such Special Convention shall be convened and shall consider and reach a final decision with respect to all such proposed amendments within three (3) weeks of the General Executive Board's vote requiring a Special Convention to be convened.

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