ARTICLE 8

Conventions

Page 13

  29.       Section 1. The 33rd Constitutional Convention
  30.   shall be held during the month of May, 2002, pro-
  31.   vided that the date of holding such Convention may
  32.   ne advanced or delayed two (2) months upon a reso-
  33.   lution to that effect adopted by the International
  34.   Executive Board.

  35.       Section 2.The business of the International
  36.   Convention shall proceed in the following order
  37.   unless otherwise ordered by the Convention:

  38.         (1) Call to Order.
  39.         (2) Report on Credentials.
  40.         (3) Reading of Convention Rules
  41.         (4) Appointing Committees
  42.         (5) Communications and Bills
  43.         (6) Resolutions, etc.
  44.         (7) Reports of Committees.

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  1.       (8) Report of officers and International Ex-
  2.             ecutive Board.
  3.       (9) Nomination and Election of officers and
  4.             International Trustee.
  5.       (10)Unfinished Business.
  6.       (11)New Business.
  7.       (12)Adjournment.

  8.     Section 3.Twenty-five per cent (25%) of all of
  9. the delegates seated at any International Conven-
  10. tion shall constitute a quorum. No business shall
  11. come before or be considered by the Convention
  12. at any session unless a quorum is present. In the
  13. event the Chairman of the Convention is unable
  14. to obtain a quorum on the last day of the Conven-
  15. tion, all unfinished business of the Convention shall
  16. be referred to the International Executive Board.

  17.     Section 4.Special Conventions of the Interna-
  18. tional Union shall be called by the International
  19. President: (1)When so instructed by a two-thirds
  20. (2/3) vote of the International Executive Board or
  21. in the event of the failure of the International Presi-
  22. dent to do so, by such other Board Members as the
  23. Board may designate; (2)by a referendum vote of
  24. the membership initiated upon the written request
  25. of at least (15)Local Unions from five(5)
  26. different states or provinces having an aggregate
  27. membership of not less than twenty per cent(20%)
  28. of the total membership as reported to the preced
  29. ing Convention. The Local Unions demanding a
  30. Special Convention must state the reason or rea-
  31. sons why such Convention is desired, the place and
  32. date for the Convention and the dates for mailing
  33. out and returning the ballots. It shall be the duty of
  34. the International President, or the person designated
  35. by the International Executive Board, to send out
  36. the Call, to state such reason or reasonsand the
  37. place and dates involved in transmitting the pro-
  38. posal to Local Unions for a referendum vote. The
  39. reasons for and against such Convention shall be
  40. published and forwarded to all Local Unions. Such
  41. Convention shall not have authority to consider any
  42. matter other than that which is specifically stated
  43. in the Call to the Convention. It shall be manda-
  44. tory that all Local Unions hold a secret vote on the
  45. question of calling a Special Convention. All Lo-
  46. cal Unions shall vote their decision on the ques-
  47. tion involved, through Local Union procedure, by
  48. secret ballot. Local Union election boards shall
  49. tabulate the ballots and send the Local Union's vote

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  1. to the International Secretary-Treasurer, who,
  2. within thirty(30)days after the setting of a dead-
  3. line of a return date, shall publish the "yes" and
  4. "no" vote of each Local Union in the "official pub-
  5. lication." If a majority of all members voting
  6. in all Local unions is in favor of a Special Con-
  7. vention, a Special Convention shall be mandatory.
  8. When the International Executive Board has di-
  9. rected the calling of a Special Convention pursu-
  10. ant to the provisions of (1) the first sentence of
  11. this Section, the delegates from each Local Union
  12. who had been elected to the preceeding regular
  13. Constitutional Convention shall serve as delegates
  14. to the Special Convention. Each Local shall
  15. carry the same total vote as it carried at such pre-
  16. vious regular Constitutional Convention. If the
  17. purpose, or one of the purposes, of a Special Con-
  18. vention is collective bargaining policies, the Presi-
  19. dent (and Bargaining/Negotiating Committee
  20. Chairperson, if it is a different individual), if not
  21. delegates under this provision may, by Local Union
  22. membership action, be made special delegates at
  23. such Special Convention with the right to be present
  24. on the Convention floor with voice but without any
  25. vote. Under the same circumstances in units of
  26. Amalgamated Local unions, with membership in
  27. excess of one thousand (1000),the Unit Chairper-
  28. son may, by unit membership action, be made such
  29. a special delegate. If there are vacancies in the
  30. voting delegation, they shall be filled in the fol-
  31. lowing manner:

  32.  (a)By alternates where the same were elected to
  33.       the preceding regular Constitutional Conven-
  34.       tion;
  35.  (b)If the number of delegates is insufficient after
  36.       applying(a), by reapportioning the votes of
  37.       the Local Union among the remaining del-
  38.       egates to the extent permitted by Section 7 of
  39. this Article;

  40.   (c)If the number of delegates is insufficient after
  41.       applying(a)and(b)and the purpose or one of
  42.       the purposes, of the Special Convention is
  43.       collective bargaining policies, by including
  44.       any special delegates which the Local Union
  45.       or unit membership may have provided for in
  46.       accordance with this paragrapg, with the Presi-
  47.       dent of the Local Union to precede the Bar-
  48. gaining/Negotiating Committee Chairperson;

  49.  (d)If the number of delegates is insufficient after

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  1.       applying(a),(b)and (c), by electing additional
  2.       delegates, these additional delegates to be
  3.       nominated and elected by secret ballot at suc-
  4.       cessive membership meetings; the required no-
  5.       tices for such nomination and election being
  6.       those set forth in Sections 22, 23 and 24 of
  7.       this Article.

  8.     This foregoing procedure shall be disregarded
  9. in the event of any Special Convention directed to
  10. be called by referendum vote pursuant to (2) of the
  11. first sentence of this Section, in which event the
  12. vote of each Local Union and the election of del-
  13. egates from each Local Union shall be the same as
  14. provided for in this Article for regular Constitu-
  15. tional Conventions; except that in applying Sec-
  16. tion 9 of this Article to determine the average
  17. monthly per capita taxes paid by a Local Union, a
  18. twenty-four (24) month period concluding with the
  19. Special Convention is to convene shall be used.

  20.     Section 5. Each Local Union shall have one
  21. (1)delegate for two hundred(200)members or less
  22. and one(1)additional delegate for the next three
  23. hundred(300)members or major fraction thereof,
  24. and one(1)additional delegate for each additional
  25. eight hundred(800)members or major fraction
  26. thereof, except Amalgamated Local Unions which
  27. elect as many delegates as they have units who
  28. average two hundred(200)dues-paying members
  29. or more, and that those units who have two hun-
  30. dred(200)members or more may elect their own
  31. delegates to the Convention and those with less
  32. than two hundred(200) shall be grouped together
  33. and vote as a miscellaneous group. In the event
  34. the miscellaneous group within an Amalgamated
  35. Local Union has less than two hundred(200), the
  36. International Secretary-Treasurer shall allocate
  37. such membership to some other unitof the Local
  38. Union in such a manner as will result in the maxi-
  39. mum number of delegates.

  40.     Section 6. Each unit of an Amalgamated Local
  41. Union shall be alloted its share of the number of
  42. delegates in proportion to the amount of per capita
  43. tax paid by the unit through the Amalgamated Lo-
  44. cal Union. And fractions remaining from the units
  45. following such allocations shall be allotted to the
  46. Local Union's Joint Council, where such body ex-
  47. ists. Delegates representing the total of all frac-
  48. tions shall be elected on the basis of one (1) for
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  1. each eight hundred(800)or major fraction thereof.
  2. Any member of the Local Union who has quali-
  3. fied may be nominated and elected by the Joint
  4. Council, provided s/he has not accepted nomina-
  5. tion in her/his unit. In order to be eligible for nimi-
  6. nation as a delegaterepresenting a unit of an Amal-
  7. gamated Local Union, s/he must be a member of
  8. such unit.

  9.     Section 7. Each Local Union shall have one
  10. (1) vote for the first one hundred(100)members
  11. or less and one (1)additional vote for each addi-
  12. tional one hundred(100)members or major frac-
  13. tion thereof, but no delegates shall have more than
  14. eight(8)votes. The votes shall be equally appor-
  15. tioned among the elected delegates of each Local
  16. Union, except that an Amalgamated Local Union
  17. may apportion its votes in such a manner as the Lo-
  18. cal Union decides with no delegates having more
  19. than eight(8)votes. The total number of votes of
  20. the units of an Amalgamated Local Union shall not
  21. exceed the total votes which the Local Union is
  22. entitled to under Section 9 of this Article of the
  23. Constitution.

  24.     Section 8. Local Unions may elect alternate
  25. delegates if they so desire. The number of alter-
  26. nates may be less but not more than the number of
  27. regular delegates. Local Unions shall determine the
  28. manner and order in which an alternate will re-
  29. place a regular delegate and shall so advise the
  30. Credentials Committee. Regular delegates may be
  31. replaced only if recalled by their Local Union in
  32. the manner they were elected or if unable to serve.

  33.     Section 9. The number of members in each
  34. Local Union, for the purpose of this Article, shall
  35. be determined by the average number of monthly
  36. per capita taxes paid by the Local Union to the
  37. International Union for the period from and includ-
  38. ing the sixth month preceding that in which the
  39. last triennial Convention was held to not less than
  40. six(6)months nor more than seven(7)months prior
  41. to the next Convention for whcih representation is
  42. to be determined. Per capita from Local Unions
  43. shall be accepted in the regular manner.

  44.     Local Unions or units of Amalgamated Local
  45. Unions which have engaged in authorized strikes
  46. or in lockouts shall have their representation to the
  47. International Convention determined be having
  48. subtracted from the base period the months of such
  49. authorized strikes or lockouts in which the mem-

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  1. bership of the Local Union or unit of an Amal-
  2. gamated Local Union did not work in the work-
  3. place forty(40)or more hours.

  4.     Section 10. Not less than sixty(60)days previ-
  5. ous to the convening of the Regular Convention,
  6. the International Secretary-Treasurer shall issue the
  7. Call to the Convention and shall furnish all Local
  8. Unions with credentials and alternate credential
  9. forms in contrasting colors, in duplicate, which
  10. must be attested as required on the forms. The origi-
  11. nal of each credential and alternate credential shall
  12. be retained by the delegate or alternate delegate
  13. and the duplicate copies shall be forwarded to the
  14. International Secretary-Treasurer. No credentials
  15. shall be accepted later than twenty-one(21)days
  16. prior to the date for the convening of the Conven-
  17. tion. In convening Special Conventions, not less
  18. than thirty(30)days shall be required to issue the
  19. Call.

  20.     Section 11. No member is eligible to serve as a
  21. delegatefrom her/his Local Union unless s/he has
  22. been in continuous good standing in this Interna-
  23. tional Union for twelve(12)months immediately
  24. preceding the first day of the month in which the
  25. Convention is held and shall also have been a mem-
  26. ber of the Local Union electing her/him for three
  27. (3)months immediately preceding the first day of
  28. the month in which the Convention is held. For
  29. the purpose of this Section of the Constitution,
  30. members must pay their dues or secure out-of-work
  31. receipts in accordance with the provisions of this
  32. Constitution.

  33.     Section 12. Local Unions in order to be entitled
  34. to representation at the Convention shall have been
  35. affiliated with the International Union for at least
  36. three(3)months prior to the holding of the Con-
  37. vention. New Local Unions shall have paid at least
  38. two(2)months' full per capita tax prior to the
  39. month in which the Convention is to be held. If
  40. such newly chartered Local Union has been in ex-
  41. istence since the preceding Convention, it shall be
  42. entitled to its full quota of delegates based upon
  43. the average number of months per capita tax paid
  44. to the International Union during the period of time
  45. since the preceding Convention. With respect to
  46. newly chartered Local Unions who received their
  47. charter subsequent to the last Convention, repre-
  48. sentation shall likewise be based upon the per capita
  49. tax paid to the International Union, averaged over

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  1. the period of time from the preceding Convention.
  2. In the case of an Amalgamated Local Union where
  3. a workplace has been organized for over a year
  4. and secures a seperate charter, it shall not be con-
  5. sidered a new Local Union. Members represent-
  6. ing Local Unions or unit organizations within
  7. Amalgamated Local Union which have not been
  8. in existence for twelve (12) months prior to the
  9. Convention, shall be exempt from the provisions
  10. of Section 11 of this Article, provided they become
  11. members of their Local Union or unit organization
  12. not later than thirty (30) days after the issuance of
  13. or acceptance under the charter thereof.

  14.     Section 13. Each member of the International
  15. Retired Workers Advisory Council shall automati-
  16. cally be a delegate to the UAW Constitutional Con-
  17. vention with voice and one (1) vote, as provided
  18. in Article 55, Section 4(f) of this Constitution.

  19.     Section 14. International Officers and Interna-
  20. tional Representatives of the International union
  21. shall have a voice but no vote in the Convention of
  22. the International Union unless they are duuly ac-
  23. credited delegates from Local Unions. Any mem-
  24. ber who is eligible may be elected to office whether
  25. or not s/he is a delegate to the International Con-
  26. vention.

  27.     Section 15. Copies of all resolutions and con-
  28. stitutional amendments to be considered by the
  29. Convention must be sent to the International Sec-
  30. retary-Treasurer not later than three(3) weeks prior
  31. to the date set for the Convention. These will then
  32. be sorted and distributed by the International Sec-
  33. retary-Treasurer not later than three(3)weeks prior
  34. to the date set for the Convention. These will then
  35. be sorted and distributed by the International Sec-
  36. retary-Treasurer among the chairpersons of the
  37. various and proper committees. Protests of delegate
  38. elections must be received by the International
  39. Secretary-Treasurer by whichever of the follow-
  40. ing dates occurs first: (1) Not more than seven (7)
  41. days after the Local Union delegate election or (2)
  42. not less than ten (10) days prior to the convening
  43. of the Convention. These protests shall be referred
  44. to the Credentials Committee and the Credentials
  45. Committee may waive failure to comply with the
  46. foregoing time limitations where the interests of
  47. justice would require.

  48.     Section 16. The International Executive Board
  49. shall select from the credentials of the delegates
  50. presented, a Constitutional Committee, which shall
  51. assemble at least two (2) weeks prior to the meet-
  52. ing of the Convention at the place designated. It

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  1. shall be the duty of said Committee to take up all
  2. recommendations concerning changes or additions
  3. to the Constitution submitted by the International
  4. Officers, International Executive Board and Local
  5. Unions to act thereon. This Committee shall have
  6. authority to originate amendments to the Consti-
  7. tution.

  8.     Section 17. (a) The International Executive
  9. Board shall select from the credentials of delegates
  10. a Credentials Committee, which shall assemble at
  11. least ten(10)days prior to the meeting if the Con-
  12. vention. The Committee shall examine all creden-
  13. tials received at the International Office and in-
  14. vestigate the standing of the delegates and the Lo-
  15. cal Unions they represent; they shall receive the
  16. original credentials of the delegates elected to at-
  17. tend the Convention, and be in a position to report
  18. at the opening of the Convention.

  19.     (b) All election protests regarding the elec-
  20. tion of any delegate to the Convention must be
  21. filed with the Credentials Committee not more
  22. than 7 days after the Local Union delegate elec-
  23. tion or not less than 10 days prior to the con-
  24. vening of the Convention, whichever occurs first,
  25. absent a waiver of those limits by the Cre-
  26. dentials Committee. The protest must be filed
  27. by a member of the Local in question, or may
  28. be reised by any member of the Credentials
  29. Committee itself. The protest may raise any
  30. subject related to the election of the Local's del-
  31. egates, including the conduct of the campaign,
  32. or use of union or employer assets.

  33.     (c) All other election protests of elections
  34. held under Article 10 (International Officers
  35. and Regional Director), even though not touch-
  36. ing the election of an identifiable delegate(s),
  37. must also be filed with the Credentials Com-
  38. mittee, which has exclusive jurisdiction. Thus,
  39. any protest of the conduct of the campaign for
  40. these offices, or the alleged use of union or em-
  41. ployer funds in the campaign, or of any other
  42. matter said to affect the election, must be filed
  43. with the Credentials Committee. Any such pro-
  44. test must be made in writing, as soon as pos-
  45. sible, even though the Credentials Committee
  46. is already in session. Such a protest may be
  47. made by any UAW member, or the issue
  48. be raised directly by any member of the Cre-
  49. dentials Committee itself.

Page 21

  1.     (d)If, prior to the holding of an election of del-
  2. egates, a clear violation of the International Con-
  3. stitution or the Local Union's Bylaws occurs in the
  4. pre-election procedures, the International President
  5. shall have the authority to order a correction of the
  6. violation prior to the holding of the election. Such
  7. action by the International President is subject to
  8. appeal to the Credentials Committee.
  9.     (e) While the Credentials Committee sits, it
  10. has full authority to receive such election pro-
  11. tests, evaluate them, and report its findings and
  12. recommendation to the full Convention. The
  13. Convention itself is the final authority, and so
  14. makes the final disposition of all election pro-
  15. tests, whether presented by the Credentials
  16. Committee, or directly entertained, by permis-
  17. sion of delegates under the Convention Rules,
  18. on the floor.

  19.     (f)If the Credentials Committee should decide
  20. that an election in any Local Union has been im-
  21. properly conducted and that delegates elected in
  22. such election should not be seated, the Credentials
  23. Committee may, jointly with the International
  24. President when s/he is satisfied that the necessary
  25. Constitutional interpretations have been reasonably
  26. applied, order the delegate election to be rerun in
  27. such Local Union prior to the opening of the Con-
  28. vention. This rerun of the initial election shall be
  29. supervised by a Sub-Committee of the Credentials
  30. Committee. All notices and other time limitations
  31. provided for in this Constitution shall be automati-
  32. cally waived for any such rerun election, provided
  33. that every effort shall be made to give the maxi-
  34. mum notices permitted by the circumstances.

  35.     (g) If the Convention approves the Credentials
  36. Committee's report and recommendation on the
  37. initial election, the delegates elected in the rerun
  38. shall be seated if confirmed by the Credentials
  39. Committee and Convention. If the Convention
  40. should reverse the Credentials Committee and ap-
  41. prove the initial election, the delegates elected in
  42. such initial election shall be seated and the Inter-
  43. national Union shall reimburse the Local Union
  44. for the cost of rerunning the election.

  45.     Section 18. The International Executive Board
  46. shall select from the credentials of delegates to each
  47. International Convention a Resolutions Commit-
  48. tee of not less than seven (7) members, which shall

Page 22

  1. assemble at least (10) days prior to the conven-
  2. ing of the Convention. It shall be the duty of the
  3. said Committee to consider such resolutions as may
  4. be properly referred to it under this Constitution.
  5. This Committee shall have authority to originate
  6. resolutions to be presented at the Convention.

  7.     Section 19. The International Executive Board
  8. shall select from the credentials of delegates to each
  9. International Convention, the several other com-
  10. mittees necessary to successfully promote and ex-
  11. ecute the efficient operation of the Convention.

  12.     Section 20. All Convention Committees shall
  13. have an add number of, and not more than thirteen
  14. (13) members.

  15.     Section 21. Following the issuance of the Con-
  16. vention Call by the International Secretary-Trea-
  17. surer, each Local Union shall issue a Call for the
  18. nomination of its delegates to the Convention. In
  19. the absence of a democratically elected standing
  20. Election Committee (Article 38, Section 10), an
  21. Election Committee shall be nominated and elected
  22. by the Local Union at a regular or a specially called
  23. meeting for that purpose of which at least seven
  24. (7) days' notice shall be given. The Election Com-
  25. mittee shall handle all the details insofar as they
  26. relate to the procedure of the election, and adopt
  27. such safegards as are necessary to insure a fair
  28. election.

  29.     Section 22. The nomination of delegates to the
  30. Convention may occur at the meeting at which the
  31. Election Committee is elected or at a later date,
  32. but in either case at least seven (7) days' notice
  33. shall be given. After the deadline on accepting
  34. nominations has expired, no election of so-
  35. called "sticker" or "write-in" candidates shall be consid-
  36. ered legal. A list of nominees shall be available to
  37. the membership. Candidates shall not serve on the
  38. Election Committee or as challengers or observ- ers.

  39.     Section 23. Delegates to the International Con-
  40. vention shall be elected by secret ballot of the Lo-
  41. cal Union of which they are members and in no
  42. case shall be appointed.

  43.     Section 24. At least seven (7) days shall elapse
  44. between the time of nomination of delegates and
  45. the date the election shall take place. All members

Page 23

  1. shall be duly notified, al least fifteen (15) days in
  2. advance, of the time and place of said election and
  3. the hours the polls will be open. Polling places
  4. must be open a sufficient number of hours on one (1) or
  5. more days to allow all members of the Local Union
  6. an opportunity to cast their ballots. Each member
  7. shall personally cast her/his vote at the polls.

  8.     Section 25. Local Union action to instruct a
  9. delegate does not serve to commit or bind the del-
  10. egate on any issue s/he may vote on at the Con-
  11. vention.