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Article 3Convention and Representation Conventions The Convention of the International Brotherhood of Teamsters shall be held every five (5) years at such time and place as may be designated by the General Executive Board upon the recommendation of the General President. The General Secretary- Treasurer shall issue a Call for the Convention not less than ninety (90) calendar days prior to the date of meeting, unless otherwise directed by the General Executive Board. In the event of an emergency as determined by the General Executive Board which prevents the holding of a Convention in accordance with the provisions herein set forth, the same shall be held as soon thereafter as possible, in accordance with the intent and spirit of this Constitution. Any challenge to the Call of the Convention, the method of delegate selection, or the Convention procedures prescribed in such Call, must be filed in writing with the General President within fifteen (15) days of issuance of the Convention Call. Basis of
Representation Requisites
for Representation (b). No Local Union shall be entitled to representation in the Convention which, at the time of the Call of the Convention, is six (6) months or more in arrears in moneys due to the International Union or to any subordinate body thereof with which such Local Union is affiliated, or which, if less than six (6) months in arrears, has not paid all such arrearages in full at least three (3) days prior to the opening of the Convention, excepting those moneys due for the last month, which amounts must be paid by the beginning of the Convention. If the circumstances warrant, the General Executive Board may waive any of the foregoing requirements on a nondiscriminatory basis. (c). The General Executive Board is empowered to grant full representation to any Local Union which has been affiliated with the International Union for less than six (6) months when such Local Union was formerly an independent Local Union or was formerly affiliated with an international union other than the International Brotherhood of Teamsters, or was chartered as a result of split-off or merger. Expenses
of Delegates Election
of Delegates and Alternates (2). Local Unions in Trusteeship may send delegates to the Convention only if a secret ballot election is conducted in accordance with Article XXII. The General Executive Board may exercise its authority under Article II, Section 4(h) in connection with any such election conducted for delegates or alternate delegates. The amendment to Article III, Section 5(a)(l), (2) and (3), and to 5(b) shall not become effective until the month after the certification of the results of the 1991 election of International Union officers and the installation of the newly elected officers. Section 5 (a) (1). Officers and Business Agents elected in accordance with Article XXII shall by virtue of such election be delegates to any International Convention which may take place during their term of office. The principal officer of the Local Union shall have the first priority as a delegate. Local Unions must specify in their Bylaws the order in which the remaining elected officers and elected Business Agents (if any) shall be designated as delegates and alternates. Any Local Union which fails to adopt such a provision in its Bylaws prior to the last election before the Convention shall send delegates and alternates in the following order. After the principal officer, the remaining delegates shall be selected from the salaried elected officers and elected Business Agents (if any) in the following priority: President, Secretary-Treasurer, Vice President, Recording Secretary, Trustees in order of number of votes received in the most recent election; elected Business Agents in order of number of votes received in the most recent election. In the event either the Trustees or Business Agents have been elected by white ballot, their order of priority shall be determined by lot. If the number of delegates to which the Local Union is entitled is greater than the salaried elected officers and elected Business Agents, then additional delegates and alternates shall be sent from among the remaining non-salaried elected officers in the order set forth above. (2). If at the time of the receipt of the Convention Call it shall appear that the number of elected officers and/or elected Business Agents (if any) is less than the number of delegates which the Local Union will be entitled to at an International Convention, then arrangements shall be made for nomination and secret ballot election of an additional number of eligible members as Convention delegates. The Local Union Executive Board shall determine in all instances how many alternate delegates shall be designated, and this determination shall not be subject to membership disapproval. Where the election of additional delegates and/or alternates is required in the application of the above provisions, said alternates shall be separately nominated and elected and no eligible member shall be nominated for both delegate and alternate. To the extent that the Local Union sends additional delegates, they shall be selected in the descending order of the votes received, starting with the candidate receiving the highest number. The alternate receiving the highest number of votes shall be the first alternate and shall be entitled to substitute for any delegate unable to attend any session of the Convention; the alternate receiving the second highest number of votes shall be the second alternate and so forth. (3). If the total number of officers and elected Business Agents (if any) is greater than the number which the Local Union is permitted to send to the Convention, then the principal officer of the Local Union shall have the first priority as a delegate. The remaining delegates and alternates will be selected from among the elected officers and elected Business Agents (if any) in the order set forth in the Local Union Bylaws or Section 5 (a) (l) of this Article. (4). Local Unions in Trusteeship may send delegates to the Convention only if a secret ballot election is conducted after receipt of the Convention Call and in accordance with Article XXII. The General Executive Board may exercise its authority under Article II, Section 4(h) in connection with any election conducted for delegates or alternate delegates. (5). Any pre-election protest or protest concerning the eligibility of any candidate for delegate or alternate delegate shall be processed in accordance with Article XXII, Section 5(a). Any post-election protest concerning the procedures for electing delegates and alternate delegates shall be processed in accordance with Article XXII, Section 5(b) except that appeals from decisions of Joint Councils shall be filed with the Credentials Committee no later than forty-eight (48) hours after receipt of such decisions. (These procedures may be superseded in the event the Election Officer supervises the 1996 elections, or in the event that the Department of Labor supervises the election in 1996 or any election thereafter.) (6). Delegates to the Convention meet to legislate on matters affecting the entire International Union and they are not bound to follow instructions of their particular Local Unions relative to their voting. They are entitled to base their judgments and their votes upon facts and considerations presented to them at such conventions--material which may not have been previously within the knowledge of themselves or the membership of the Locals which they represent. Therefore, instructions and directions by Local Unions to their delegates relating to voting on matters which come before the Convention shall be advisory only. (b). Any pre-election protest or protest concerning the eligibility of any candidate for delegate or alternate delegate shall be processed in accordance with Article XXII, Section 5(a). Any post-election protest concerning the conduct of any election of delegates or alternate delegates shall be processed in accordance with Article XXII, Section 5(b), except that appeals from decisions of Joint Councils shall be filed with the Credentials Committee no later than forty-eight (48) hours after receipt of such decisions. (The provisions of this subsection may be superseded in the event that the Election Officer supervises the 1996 elections, or in the event that the Department of Labor supervises the elections in 1996 or any elections thereafter.) (b). The designation of Convention delegates by the Local Union Executive Board as provided in Section 5 (a) shall be made during the period from the receipt by the Local Union of the Convention Call up to the thirtieth (30th) day preceding the first day of the Convention. In the event of the inability of a delegate to attend any session of the Convention, the Executive Board of the Local Union may designate a substitute from the alternate delegates provided for above. (c) Each elected delegate or alternate must meet the same eligibility requirements as are imposed for election to Local Union office. This, however, must not be construed so as to bar the eligibility of salaried officers of Local Unions or officers of the International Union. All International officers, and, if authorized, representatives, organizers, and auditors who have worked continuously for one (1) year or more, shall be entitled to all the privileges of regularly credentialed delegates, but shall not be permitted to nominate or vote for officers at the Convention unless they have been elected as delegates in secret ballot delegate elections held by a Local Union; provided that this shall not be construed to make eligible for International office any organizer or auditor who is not otherwise eligible through having worked within the jurisdiction for such a length of time as to have made him eligible for International office as provided in this Constitution. (c). Each newly elected delegate or alternate must meet the same eligibility requirements as are imposed for election to Local Union office, unless the General Executive Board has exercised its authority under Article II, Section 4(h) in connection with a Local Union in Trusteeship. This, however, must not be construed so as to bar the eligibility of salaried officers of Local Unions or officers of the International Union. All International officers, and, if authorized, representatives, organizers, and auditors who have worked continuously for one (1) year or more, shall be entitled to all the privileges of regularly credentialed delegates, provided that this shall not be construed to make eligible for International office any organizer or auditor who is not otherwise eligible through having worked within the jurisdiction for such a length of time as to have made him eligible for International office as provided in this Constitution. (d). Joint Councils and State and Area Conferences are entitled to one (1) delegate each, to be selected by the Executive Board of the Joint Council or Policy Committee of the Conference from officers elected by secret ballot. Such delegates shall not be permitted to nominate or vote for officers at the Convention. (d). All secret ballot elections required by this Section shall be in compliance with Article XXII of this Constitution and applicable law relating to the nomination and election of Local Union officers. (e). Joint Councils and State and Area Conferences are entitled to one (1) delegate each, to be selected by the Executive Board of the Joint Council or Policy Committee of the Conference from officers elected by secret ballot as provided in Article III, Section 5(a). Credentials Section 6 (a). Upon receipt of the Convention Call and after the designation or election of delegates or alternates, if required, the Secretary-Treasurer of each Local Union shall forward the names of the delegates and alternates and a copy of their record of dues payment to the General Secretary-Treasurer. Each delegate shall present his credentials properly signed by the President or Secretary-Treasurer or, if both are unavailable, by any elected officer. He shall also present evidence establishing that he is a member in good standing and entitled to a seat in the Convention. The General Secretary-Treasurer shall publish a list of delegates at such time as it appears practicable to him to do so. (b). All credentials and ledger records must be in the Office of the General Secretary-Treasurer thirty (30) days prior to the opening of the Convention. Credentials
Committee Section 7 (a). The General President shall, at least sixty (60) days preceding each Convention, appoint from the delegates-elect a committee of not less than seven (7) to act as a Credentials Committee. No delegate whose election is subject to challenge shall be appointed. Said Committee shall meet at the place of holding the Convention at least five (5) days prior to the opening of the Convention. The General President or his representative and the General Secretary-Treasurer shall also be members of said Committee. To this Committee shall be referred all credentials and all appeals regarding any challenges to any delegate's credentials. This Committee shall have a partial or complete report in writing ready for the Convention when it opens. All hearing of the Credentials Committee shall be held in the Convention city or, at the discretion of the Committee, by telephone conference call. The Committee shall have access to all records necessary to resolve appeals concerning delegate elections which have been referred in accordance with Section (5) a (5) of this Article. Appeals from decision of the Credentials Committee shall be taken to the Convention for final and binding decision. (These provisions regarding resolution of delegate eligibility appeals may be superseded in the event the Election Officer supervises the 1996 elections, or in the event that the Department of Labor supervises the election in 1996 or any elections thereafter.) (b). At the Convention, it shall be the duty of the Credentials Committee to examine credentials and to make decisions on challenges. It shall be presumed that all delegates who have submitted credentials in the form required to the General Secretary-Treasurer or to the Credentials Committee and whose election is not the subject of a pending challenge or appeal have been properly selected as delegates from their subordinate body. Such delegates may vote upon the acceptance or rejection of the Credentials Committee's report, in whole or in part, and on other matters which come before the Convention. No delegate whose election is the subject of an appeal to the Convention shall vote on any matter coming before the Convention until the appeal is resolved. Only those delegates who are present and seated at the time the report of the Credentials Committee is submitted may vote upon the acceptance or the rejection of such report. (The procedures in Section 7 (a) and (b) for resolving challenges to delegates may be superseded in the event that the Election Officer supervises the 1996 elections, or in the event that the Department of Labor supervises the elections in 1996 or any elections thereafter.) (b). At the 1996 Convention, it shall be the duty of the Credentials Committee to examine credentials and to make decisions on challenges. It shall be presumed that all delegates who have submitted credentials in the form required to the General Secretary-Treasurer or to the Credentials Committee and whose election is not the subject of a challenge or appeal pending before any Union entity or committee, have been properly selected as delegates from their subordinate body. Such delegates may vote upon the acceptance or rejection of the Credentials Committee's report, in whole or in part, and on other matters which come before the Convention. No delegate whose election is the subject of an appeal to the Convention shall vote on any matter coming before the Convention until the appeal is resolved. Only those delegates who are present and seated at the time the report of the Credentials Committee is submitted may vote upon the acceptance or the rejection of such report. (These provisions for resolving challenges to delegates may be superseded in the event the Election Officer supervises the 1996 elections, or in the event that the Department of Labor supervises the election in 1996 or any elections thereafter.) (c). The appointed members shall receive as compensation for their extra services such expenses and remuneration as the General Executive Board may determine. Constitution
and Other Committees Amendments
to Constitution; Resolution (b). Amendments to the Constitution and all other action of the Convention shall be adopted by a majority vote of the delegates present, seated and voting at the time of submission of the amendment or other proposed action to the Convention. Amendments shall become effective immediately upon their adoption unless otherwise specified in any particular amendment adopted by the Convention or except as required to comply with the terms of paragraph L.17 of the Consent Decree in United States v. International Brotherhood of Teamsters, et al., 88 Civ. 4486 (S.D.N. Y.) (DNE), to the extent said Consent Decree remains in effect. (c). The General Executive Board shall have the power, following Convention adoption of amendments to this Constitution, but prior to printing thereof, to make such typographical, grammatical, and punctuation corrections, rearrangements and renumbering of articles and sections, or otherwise, including the supplying or remedying of inadvertent omissions or errors, as are necessary to carry out the spirit and intent of any amendments so adopted. (d). The General President, subject to the Rules of the Convention as approved by the delegates, shall determine and may change the order of business at the Convention at any time. (e). The time within which certain actions must be taken as set forth in this Article, other than the time of holding the International Convention, may be waived by the General President and General Secretary-Treasurer upon good cause shown, with a right of appeal to the General Executive Board. Quorum International
Tellers b. The International Tellers shall be responsible for supervising the 1996 election of International Union officers. They shall draft rules for conducting the 1996 election, which may include appropriate portions of the Rules for the IBT International Union Delegate and Officer Election utilized in the 1991 election. The rules for the 1996 election shall be reviewed and approved by the General Executive Board. The International Union shall provide reasonable use of facilities and staff support. (The provisions of this Section may be superseded in the event that the Election Officer supervises the 1996 elections, or in the event that the Department of Labor supervises the elections in 1996 or any elections thereafter.) |
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