(SEIU) Constitution and Bylaws

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    CONSTITUTION AND BYLAWS4

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    SEIU 2008 5 Contents Article

    Preamble ..................................................................................1

    SEIU Mission Statement .........................................................1I Name.......................................................................................3II Objects and Purposes ...............................................................3III Jurisdiction and Membership ...................................................4IV ConventionRepresentation Therein .....................................5V Election o Ofcers ..................................................................9VI Ofcers ..................................................................................10VII Filling Vacancies ....................................................................12

    VIII International PresidentDuties and Powers ..........................13IX Duties o the International Secretary-Treasurer ......................17

    X Duties o the Executive Vice Presidents ..................................17 XI Duties o the International Executive Board ..........................18 XII Strikes and Lockouts ..............................................................21 XIII Revenue .................................................................................21 XIV Issuance o Charters ...............................................................25 XV Duties o Local Unions ..........................................................26

    XVI Members Interests and Transers ...........................................32 XVII Trials and Appeals ..................................................................32XVIII Afliations with Intermediate Bodies .....................................36 XIX Payments in Connection with Deaths o Members ................37 XX Pension Fund or Ofcers and Employees o

    Local Unions and Afliated Bodies ........................................38 XXI Local Enorcement o International Constitution ..................40 XXII Nonliability o International Union .......................................41

    XXIII Litigation ...............................................................................41 XXIV Amendments .........................................................................42 XXV Dissolution ............................................................................42 XXVI Savings Provision ...................................................................43

    SEIU Member Bill o Rights and Responsibilitiesin the Union ..........................................................................43SEIU Member Bill o Rights and Responsibilitieson the Job ..............................................................................44

    Manual o Common Procedure .............................................45Debate ...................................................................................46Order o Business ..................................................................48

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    SEIU 2008 1

    Constitution and Bylaws

    PREAMBLE

    As almost every improvement in the condition of

    working people has been accomplished by the efforts oforganized labor and as the welfare of wage, salary, and

    professional workers can best be protected and advancedby their united action in one International Union, we haveorganized the Service Employees International Union andhave adopted the following Constitution:

    SEIU MISSION STATEMENT

    We are the Service Employees International Union,an organization of more than 2 million members united

    by the belief in the dignity and worth of workers and theservices they provide and dedicated to improving the livesof workers and their families and creating a more just andhumane society.

    We are public workers, health care workers, buildingservice workers, ofce workers, professional workers,

    and industrial and allied workers. We seek a strongerunion to build power for ourselves and to protect the

    people we serve.

    As a leading advocacy organization for working people,it is our responsibility to pursue justice for all.

    People of every race, ethnicity, religion, age, physicalability, gender, gender expression and sexual orientation,we are the standard-bearers in the struggle for social and

    economic justice begun nearly a century ago by janitorswho dared to dream beyond their daily hardships and toorganize for economic security, dignity and respect.

    Our vision is of a society:

    Where all workers and their families live and work indignity. Where work is fullling and fairly rewarded.

    Where workers have a meaningful voice in decisions

    that affect them.Where workers have the opportunity to develop their

    talents and skills.

    Where the collective voice and power of workers isrealized in democratic and progressive unions.

    Where union solidarity stands rm against the forcesof discrimination and hate and the unfair employment

    practices of exploitative employers.

    Where government plays an active role in improvingthe lives of working people.

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    CONSTITUTION AND BYLAWS2

    To achieve this vision:

    We must organize unorganized service workers,extending to them the gains of unionism while securingcontrol over our industries and labor markets.

    We must build political power to ensure that workers

    voices are heard at every level of government to createeconomic opportunity and foster social justice.

    We must provide meaningful paths for memberinvolvement and participation in strong, democraticunions.

    We must develop highly trained and motivated leadersat every level of the union who reect the membership inall its diversity.

    We must bargain contracts that improve wages andworking conditions, expand the role of workers inworkplace decision-making, and build a stronger union.

    We must build coalitions and act in solidarity withother organizations who share our concern for social andeconomic justice.

    We must engage in direct action that demonstrates ourpower and our determination to win.

    To accomplish these goals we must be uniedinspiredby a set of beliefs and principles that transcends our socialand occupational diversity and guides our work.

    We believe we can accomplish little as separateindividuals, but that together we have the power to createa just society.

    We believe unions are the means by which workingpeople build powerby which ordinary people accomplishextraordinary things.

    We believe our strength comes from our unity, and thatwe must not be divided by forces of discrimination basedon gender, race, ethnicity, religion, age, physical ability,sexual orientation or immigration status.

    We believe our power and effectiveness depend uponthe active participation and commitment of our members,the development of our leaders, and solidarity with each

    other and our allies.

    We believe we have a special mission to bringeconomic and social justice to those most exploited in ourcommunityespecially to women and workers of color.

    We believe our future cannot be separated from thatof workers in other parts of the world who struggle foreconomic justice, a decent life for their families, peace,dignity and democracy.

    We believe unions are necessary for a democraticsociety to prevail, and that unions must participate in the

    political life of our society.

    We believe we have a moral responsibility to leave theworld a better place for our childrenand everyoneschildren.

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    Article INAME

    This organization shall be known as the ServiceEmployees International Union, afliated with Change toWin and the Canadian Labour Congress, and shall consist

    of an unlimited number of Local Unions chartered by it,and the membership thereof, and such afliated bodies asmay be established from time to time. In order to add thestrength of this great union to the efforts of its members atevery level of the Union, the name of every Local Unionand afliated body shall begin with SEIU.

    Article IIOBJECTS AND PURPOSES

    The objects and purposes of this International Unionshall be to benet its members and improve their conditions

    by every means, including but not limited to:

    A. Securing of economic advantages, including betterwages, hours and working conditions, through organization,collective bargaining, legislative and political action, andthe utilization of other lawful means;

    B. By organizing and uniting in this International Unionall working men and women eligible for membershipherein;

    C. By engaging in all such civic, social, political, legal,economic, cultural, educational, charitable, and otheractivities, whether on local, national, or internationallevels, as will advance this International Unions standingin the community and in the labor movement and further

    the interests of this organization and its membership,directly or indirectly;

    D. By advancing and strengthening the rights of workingmen and women to bargain collectively;

    E. By providing benets and advantages to individualunion members, ofcers, and employees througheducation, training, access to new technology, memberresource centers, a 21st century communications system,

    pensions, and death and welfare benets;F. By helping Local Unions to share experiences, pool

    resources, learn from each others best practices, and beaccountable to each other;

    G. By cooperating with and assisting, by moral, monetaryor other means, other labor organizations, whether or notafliated with this International Union, or any other groupsor organizations, having objectives which are in any wayrelated or similar to those of this International Union, orwhich are of a nature benecial to this International Unionor to its members, directly or indirectly;

    H. By strengthening and safeguarding this InternationalUnion by every lawful means so that it may carry out its

    purposes, objects and obligations;

    Name andorganization

    Goals o theunion

    Organizing

    Wide range oactivities

    Collectivebargaining

    Benefts

    Cooperationwith otherorganizations

    Saeguardingthe union

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    I. By utilizing, in every lawful way, including but notlimited to every kind of use, expenditure and investment,the property and funds of this International Union, inorder to achieve its purposes and objects and performits obligations, and for such other purposes directly orindirectly furthering the interests of this International

    Union and its members; andJ. By afliating workers in independent organizations

    through agreements which recognize the long history,unique needs and traditions, and successes of suchorganizations, and making every effort possible to providesuch organizations the same types of services which have

    beneted our existing members.

    Article IIIJURISDICTION AND MEMBERSHIP

    Section 1. The International Union shall be composedof and have jurisdiction over its afliated bodies and allLocal Unions composed of working men and women whoare employed or engaged in any phase of private, nonprotor public employment, including without limitationemployees of colleges, schools or universities, public

    employers (including cities, counties, states, provinces,territories, commonwealths, governmental districts,federal agencies and multiple agencies or authoritiesand any subdivisions thereof), institutions or agencies,hospitals, nursing homes or other health facilities, and

    private and public utilities, department stores, industrial plants, law enforcement agencies, insurance companiesand all employees thereof including clericals, technicians,

    professionals, paraprofessionals and paramedicals, or

    those who are engaged in maintenance, sales, servicing, protection or operation of all types of institutions, buildings or structures, commercial, mercantile or otherestablishments, edices and grounds, and their environs,whether private, public or nonprot, and all categoriesof employees therein and thereabout, including places ofassembly, amusement, recreation, entertainment and the

    presentation of sporting events.

    The International President is empowered to construe the

    jurisdiction above dened to embrace all classications ofworkers within any establishment anywhere in the world.

    Section 2(a). The International Union shall havejurisdiction over the Local Unions and their members andover all afliated bodies.

    (b). The term afliated bodies shall include State andProvincial Councils, Joint Councils, Service Councils,area, regional, or industry Conferences and Divisions,

    organizing committees, and provisional locals, and suchother bodies on the local, national or international level asthe International Union shall from time to time establish,

    but shall not include Local Unions. The term LocalUnion shall not include any other afliated body.

    Section 3(a). Any person employed in any employmentover which this International Union claims or exercises

    Afliations

    Jurisdiction

    Power toconstrue

    jurisdiction

    Authority oInternational

    Union

    Afliatedbodies defned

    Eligibility ormembership

    Financial goals

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    jurisdiction shall be eligible to be considered formembership in the International Union, a Local Union,organizing committee, provisional local or otherauthorized body of this organization.A Local Union mayadopt additional membership requirements in the LocalUnions Constitution and Bylaws. Jurisdiction may also

    be construed as including service within a Local Union orafliated body of the International Union but each LocalUnion shall have the option to determine whether a personwith such servicemay be eligible for membership in theLocal Union. The International Executive Board may seteligibility requirements and other criteria (including ratesof dues) for associate members and other special categoriesof membership in the International or in afliated bodiesestablished in accordance with this Constitution.

    (b). Self-employed individuals doing work within thejurisdiction of this International Union may be eligible formembership in Local Unions, subject to any additionalrequirements provided for in a Local Unions Constitutionand Bylaws, but unless a Local is entirely composed ofsuch self-employed workers, they shall not be eligiblefor election as Executive Ofcers of the Local nor shallthey be permitted to vote on acceptance or rejection of

    proposed collective bargaining agreements to cover theconditions of employment of other than self-employedworkers. The International President shall have the rightto make all necessary rules and regulations respectingself-employed workers, under the jurisdiction of thisInternational Union.

    (c). With the approval of the International Union, LocalUnions may establish different categories of membershipand rates of dues for persons represented and not

    represented by the Local Union for collective bargaining purposes including, but not limited to, life members,retired members and associate members.

    (d). Any dispute respecting membership or eligibilityfor membership shall be decided by the InternationalPresident, with the Local Union or the applicant havinga right to appeal his or her decision to the InternationalExecutive Board, in writing, within 10 days after notice ofsaid decision is received.

    Section 4. No member shall discriminate or advocatediscrimination against any other member on the basis ofrace, creed, color, religion, sex, gender expression, sexualorientation, national origin, citizenship status, maritalstatus, ancestry, age or disability.

    Article IVCONVENTIONREPRESENTATION THEREIN

    Section 1. The Convention of this International Unionshall meet every four years and shall convene at suchtime and place as the International Executive Board maydetermine upon the recommendation of the InternationalPresident.

    Sel-employedmembers

    Membershipcategoriesauthorized

    Membershipdisputes

    Discriminationorbidden

    InternationalConventions

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    Section 2. Special Conventions may be called uponorder of the International Executive Board to conveneat such time and place as the Board may determine, andany and all business, including appeals from suspensionsand decisions of the International Executive Board, maycome before such Special Convention unless specically

    limited by the call. Notice of such call shall be given toeach Local Union at least 60 days prior to the date of theSpecial Convention along with the number of delegates towhich said Local Union is entitled. All other provisions ofthis Article shall control all Special Conventions.

    Section 3. The International Convention shall consistof duly elected delegates from their Local Unions, andnone but delegates duly elected in accordance with allapplicable statutes and the provisions of this Constitutionand Bylaws shall be eligible to represent any LocalUnion at the International Convention or be entitled tovote except that all full-time International ofcers shall

    by virtue of their ofce be delegates with a voice but novote to any Convention which is held during their term ofofce. All ofcers of a Local Union elected in conformitywith all applicable statutes shall by virtue of such election

    be considered to be eligible delegates to any InternationalConvention which may take place during their term ofofce. If at the time of the receipt of the Convention call itshall appear that such number of elected ofcers is less thanthe number of delegates to which the Local Union will beentitled at an International Convention, then arrangementsmay be made at the option of the Local Executive Boardfor nomination and secret ballot election, if required, ofan additional number of eligible members as Conventiondelegates. Nominees for such position, if unopposed, shall

    be deemed elected without necessity for further procedures.The Local Union must designate in its Constitution andBylaws the order in which the ofcers would be designatedas delegates and alternates if less than all the ofcers areentitled to go to the Convention as delegates, providedthat the chief executive ofcer of the Local Union shall, ifotherwise eligible, be deemed entitled even in the event theLocal Union fails to so designate. Any Local Union may

    by provision in its Local Constitution and Bylaws dispensewith the foregoing provision that ofcers of the Local Union

    be ex ofcio delegates to the International Convention andmay provide for nomination and, if required, secret ballotelection of such delegates. Further, subject to applicablestatutes, the International Executive Board may establishrepresentation rules for delegates from groups of associatemembers or other special categories of membership orlocals, which shall be set forth in the notice of ConventionCall for the International or Special Convention. In noevent shall the basis of representation for such groups begreater in numbers than the formula set forth in Section 4

    below. Any voting rights extended to such delegates mustcomply with applicable law.

    Section 4. The basis of representation shall be onedelegate for 500 members or less, and one additionaldelegate for every additional 500 members or major

    Specialconventions

    Eligibility odelegates

    Additionaldelegates

    Conventionrepresentation

    and votingrights

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    fraction thereof up to 5,000 members, and then oneadditional delegate for every additional 1,000 members ormajor fraction thereof. A determination to be represented

    by less than a full complement of delegates shall not affectthe Local Unions eligible votes. The Executive Board of aLocal Union shall determine the number of delegates which

    shall represent it at the Convention. For the purpose ofvoting, the computation of membership for a Local Unionshall not include life members, retired members paying lessthan the full dues required for working members of theirLocal Union, associate members or agency fee payers.

    Section 5. In addition to the representation in Section 4,each Local Union with a retired members group of morethan 500 members shall be entitled to one retired memberdelegate who shall serve with a voice and a vote at theConvention. Only retired members who have been membersin good standing for 60 days prior to the Convention aseither members, retired members, or life members of theLocal Union shall serve as a retired member delegate. Theretired member delegate shall be selected by the procedures

    provided for in the Local Unions Constitution and Bylawsfor selecting such a retired member delegate or by theLocal Unions Executive Board where no procedures are

    provided for in the Local Unions Constitution and Bylaws.The retired member delegate shall not be permitted tovote on dues or to nominate or vote for ofcers at theConvention.

    Section 6. No delegate shall be permitted to representmore than one Local Union.

    Section 7(a). No Local Union that has not beenchartered, afliated, and in good standing for at leastone month prior to the opening of the Convention shall

    be entitled to representation in the Convention, and eachLocal Union to be entitled to said representation must have

    paid into the International treasury at least one months percapita tax prior to the opening of the Convention.

    (b). For a Local Union to be entitled to representation atthe Convention, all moneys (i) due the International Union,whether by per capita tax or otherwise, (ii) due to anyafliated bodies, whether by per capita tax or otherwise,

    as determined or waived by the International ExecutiveBoard and (iii) all moneys due for any pension or welfarefunds provided for in this Constitution, must be paid atleast 15 days prior to the opening of the Convention.

    Section 8. The International Secretary-Treasurer shallissue a Call for the Convention and notify each LocalUnion at least 100 days prior to the date of the Conventionof the number of delegates to which said Local Union isentitled, and shall furnish to the Local Union a certication

    of delegation form containing the names of registereddelegates to the Local Union and spaces for the signaturesof the President and Secretary of the Local Union.

    Section 9.The certication of delegation form containingthe names of delegates to the International Convention and

    bearing the signatures of the President and Secretary ofthe Local Union must be in the hands of the International

    Exclusions

    Retiredmemberdelegates

    No dualrepresentation

    Conventioncall

    Credentials

    Good standingrequirement

    One-monthrequirement

    Forwarding ocredentials

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    Secretary-Treasurer at least 30 days prior to the openingof the Convention. A delegate who is eligible to attend theConvention shall not be disqualied because of the failureof a Local Union ofcer to forward the delegates name ona certication of delegation form.

    Section 10. In addition to the delegates selected in themanner provided in Section 3 of this Article, a Local Unionmay provide for selection of such number of alternates as itmay determine are reasonably required to serve if regularlyelected delegates are unable to do so; such alternates shall

    be selected or elected in the manner provided in Section3 of this Article. Each delegate or alternate must be amember of the Local Union employed in the jurisdiction ofthe Local Union. This requirement, however, shall not beconstrued to bar any member who is an ofcer or employeeof the Local Union or of the International Union, or anyafliate thereof, or who is elected to public ofce or to a

    position with an organization with which this InternationalUnion is afliated.

    Section 11. Any member who wishes to protest theelection of any delegate or the right of any Local Unionofcer to serve as a delegate pursuant to Article IV,Section 3, must le a written protest with the International

    Secretary-Treasurer within 15 days after such electionor after the decision by a Local Union that no election isrequired pursuant to Article IV, Section 3. Any such protestshall be referred to the Credentials Committee, in care ofthe International Secretary-Treasurer. The CredentialsCommittee may waive the time limit for ling protestsupon a showing that the protesting member did not know ofthe basis for his or her protest within sufcient time to lea timely protest and he or she led a protest immediately

    upon discovery of the basis for his or her protest. TheCredentials Committee shall consider all timely protestsand shall include its decision on all protests in its report tothe Convention. It may, in its discretion, hold a hearing onany protest upon reasonable notice to all affected parties.

    Section 12. The number of votes which each LocalUnion shall be entitled to vote in the Convention shall bedetermined by averaging the 12 most recent regular monthly

    per capita tax payments for members which are received

    by the International Union on or before December 31 ofthe year immediately preceding the calendar year in whichthe Convention is held. In the case of a newly charteredlocal without a twelve month payment period beforeDecember 31, the number of votes shall be determined byaveraging the most recent regular monthly per capita tax

    payments for members received by the International beforethe Convention, up to a maximum of twelve months. Thecomputation of voting strength shall not include associate

    members, life members or agency fee payers. Where thereare two or more delegates in attendance from one LocalUnion, the vote shall be divided equally between them.Effective with the 2012 Convention, in the case of a newlychartered local union created as a result of a reorganizationof members under Article XIV, the International ExecutiveBoard shall determine the computation of voting strength

    Alternatedelegates

    Membershiprequirement

    Exceptions

    Protests odelegateelections

    Computationo votingstrength

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    for the affected local unions in order that the members areincluded in the voting strength of only one local union.

    Section 13. The International President shall, beforeeach Convention, appoint from the delegates-elect acommittee of at least seven to act as a committee oncredentials. The International President and InternationalSecretary-Treasurer shall be members of said committee.All credentials shall be referred to this committee.This committee shall submit its report in writing to theConvention.

    Section 14. All Resolutions to be acted upon by theConvention proposed by a Local Union must be submittedin writing to the International Secretary-Treasurer at least30 days prior to the Convention and unless so submitted

    may not be considered by the Convention except onunanimous consent of the delegates present. Resolutionsmay be presented to the Convention by the InternationalExecutive Board at any time during the Conventionwithout requiring unanimous consent.

    Section 15. Delegates representing one-fourth of thevotes entitled to be cast at the Convention shall constitutea quorum for the transaction of business.

    Section 16. The rules and order of business governing thepreceding Convention shall be enforced from the openingof any Convention of this International Union until newrules have been adopted by action of the Convention.

    Article VELECTION OF OFFICERS

    Section 1. All nominations for International ofcers

    shall be made in open Convention and elections shall beby roll call where there is more than one candidate for anyofce. The roll call shall be conducted by voice and/or openwritten ballot, as set forth in the Rules of the Convention.Ofcers shall be elected by plurality vote.

    Section 2. No candidate (including a prospectivecandidate) for any International ofce or ofce in a LocalUnion or afliated body or supporter of a candidate may

    solicit or accept nancial support or any other direct orindirect support of any kind from any nonmember of theInternational Union.

    Section 3. Any member wishing to protest the election ofany International Ofcer pertaining to candidate eligibilityor the manner in which the election was conducted mustlodge a protest in conformity with the requirements of theRules of the Convention.

    Section 4. Any member wishing to submit an electionprotest pertaining to any issue other than those governed by Section 11 of Article IV or Section 3 of this Articlemust le such protest within 15 days after the Convention.All such protests shall be led with the InternationalPresident. The International President shall endeavor tohave a hearing held within 30 days of the ling of the

    protest, if the International President deems a hearing to be

    Committee oncredentials

    Conventionresolutions

    Conventionquorum

    Interim rules

    Nominationand election oofcers

    Nononmembersupport

    Protests

    Other electionprotests

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    necessary, and shall attempt to render his or her decisionwithin 30 days thereafter. Within 15 days after the nalaction of the International President, a petition for reviewmay be led with the International Executive Board. Inthe alternative, the International President may forwardan election protest directly to the International Executive

    Board for decision.

    Article VIOFFICERS

    Section 1. The ofcers of this International Union shallconsist of an International President, an InternationalSecretary-Treasurer, six full-time Executive VicePresidents, 25 Vice Presidents (at least two of whom shall

    be members of Canadian Local Unions), and 40 ExecutiveBoard Members (at least two of whom shall be membersof Canadian Local Unions and one of whom shall bea Retired Member). The International President, theInternational Secretary-Treasurer, and the six ExecutiveVice Presidents shall be elected at large by all delegatesassembled at the International Convention. Two CanadianVice Presidents and two Canadian Executive BoardMembers shall be elected on the following basis: A VicePresident and Board Member shall be nominated andelected from all of the provinces other than the Provinceof Quebec. A Vice President and Board Member shall benominated and elected from the Province of Quebec only,

    provided, however, that the Vice President from Quebecand the Executive Board Member from Quebec may not bemembers of the same Local Union. These Canadian VicePresidents and Executive Board Members shall be elected

    by the Canadian Council at its Convention composed ofdelegates elected in accordance with this Constitution andapplicable law and which shall be held within 90 days priorto the International Convention at which the InternationalUnion ofcers are elected. All other Vice Presidents andExecutive Board Members (including the Retired Member)shall be nominated and elected at large.

    Section 2. These ofcers shall constitute theInternational Executive Board, and their term of ofce

    shall begin immediately following their election and theyshall hold ofce for four years or until their successors areduly elected and qualify.

    (a). Each Vice President and Executive Board Membershall be responsible for such duties as assigned by theInternational President.

    (b). The International President may appoint anExecutive Committee from among the members of the

    International Executive Board. The Executive Committeeshall meet at the call of the International President. TheExecutive Committee shall be charged with advisingthe International President on how best to carry out theadministrative duties of his or her ofce, and with makingrecommendations to the International Executive Boardon policies and programs for the International Union.The Executive Committee also may be delegated specic

    InternationalUnion ofcers

    IEB term oofce

    Duties

    Executivecommittee

    Retiredmember

    Canadianofcers

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    functions and powers of the International Executive Boardunder the Boards authority in Article XI, Section 6 B.Minutes of all meetings of the Executive Committee shall

    be kept by the International Secretary-Treasurer, who shallrender reports to the International Executive Board.

    Section 3. Each regular Convention of this InternationalUnion shall also elect a Board of Auditors consisting ofeight members. The Board of Auditors shall examineand review the books and accounts of the InternationalSecretary-Treasurer once during each six-month period,utilizing the assistance of Certied Public Accountantsdesignated by the International President. Such reviewof the books and accounts of the International Secretary-Treasurer shall include the books respecting all propertiesand facilities under the custodianship of the InternationalSecretary-Treasurer. A copy of such semiannual reports ofthe Board of Auditors shall be submitted to the InternationalExecutive Board. The Board of Auditors shall also givea written report to the International Convention. In theevent of the unavailability or temporary disability of anAuditor, the remaining Auditors shall perform the dutiesset forth herein. The Auditors shall receive such per diemcompensation and expense allowance as may be xed bythe International Executive Board.

    Section 4. No person shall be eligible for ofce inthis International Union who has not been a member incontinuous good standing for at least two years immediately

    preceding his or her election in the International Union orLocal Unions chartered by this International Union or inany labor organization which becomes afliated with thisInternational Union. This requirement may be reduced bythe International Executive Board to no less than 60 days

    if necessary to expand eligibility for ofce to membersof organizations newly associated with the InternationalUnion pursuant to Article XI, Section 6. In the case of theRetired Member position on the International ExecutiveBoard, only retired members who have been members ingood standing for two years prior to the Convention aseither members, retired members or life members of theLocal Union shall be eligible to serve.No person who has

    been convicted of a felony as dened in Section 504 of the

    Landrum-Grifn Act (or an indictable offense in Canada)shall, in accordance with the provisions of applicable law,be eligible to hold ofce in this International Union.

    Section 5. Associate members, life members or thoseretired members paying less than the full dues requiredfor working members of their Local Union shall not beeligible for nomination as an International ofcer, exceptthat such retired members may be eligible for the RetiredMember position on the International Executive Board.

    Section 6. No full-time ofcer of the InternationalUnion may receive compensation of any kind, except for

    benets paid by a pension plan, from any Local Union orfrom any entity owned or controlled by a Local Union.

    Section 7. The International President shall appoint aRetired Members Advisory Committee which shall consistof leaders of local union retired members groups and

    Board oauditors

    Qualifcationsor ofcers

    Exclusions

    Multiplecompensationbarred

    Retired membersadvisorycommittee

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    retired International Executive Board Members. It shall bechaired by a retired member appointed by the InternationalPresident.

    Section 8. The future grant of emeritus status to anInternational ofcer shall be limited to an individualwho has been elected as International President at nofewer than three international conventions. Such statusshall entitle the individual to be an honorary guest atthe SEIU International Convention and he/she may beappointed by the International President as a delegate oralternate delegate on the SEIU delegation to a nationalor international federation convention. Additionalassignments may be made by the International President,upon mutual agreement.

    Article VIIFILLING VACANCIES

    In the event of a vacancy in the ofce of InternationalPresident by reason of death, resignation or otherwise, itshall be the duty of the International Secretary-Treasurer,in addition to his or her other duties, to assume the dutiesof International President. The International Secretary-

    Treasurer shall serve in this capacity for a period of notlonger than 30 days during which time the InternationalExecutive Board shall be convened for the purpose of llingthe vacancy for the unexpired term by majority vote. In theevent of a vacancy in the ofce of International Secretary-Treasurer by reason of death, resignation or otherwise, itshall be the duty of the International President, in addition tohis or her other duties, to assume the duties of InternationalSecretary-Treasurer. The International President shall

    serve in this capacity for a period of not longer than 60days during which time the International Executive Boardshall be convened for the purpose of lling the vacancyfor the unexpired term by majority vote. In the event ofa vacancy among the Vice Presidents, or on the Board ofAuditors, by reason of death, resignation or otherwise,the International Executive Board shall, within 90 daysafter such vacancy has occurred, ll the vacancy for theunexpired term by majority vote. In the event of a vacancy

    among the Executive Vice Presidents or InternationalExecutive Board Members, by reason of death, resignationor otherwise, the International Executive Board may in itsdiscretion ll such vacancy for the unexpired term by amajority vote. In the event of a concurrent vacancy in boththe ofce of the International President and the ofce ofthe International Secretary-Treasurer by reason of death,resignation or otherwise, the International ExecutiveBoard shall be convened in Washington, D.C., within 10

    days upon the joint call of at least four International VicePresidents for the purpose of lling the unexpired terms

    by majority vote. In the case of a vacancy in the ofce ofInternational President, International Secretary-Treasureror Executive Vice President, the vote of an ofcer on theInternational Executive Board (except for the full-timeofcers and the Retired Member) shall be proportionate tothe numerical strength of his/her local, as determined by

    Filling ofcervacancies

    President

    Secretary-Treasurer

    ExecutiveVice PresidentVice President

    Auditor

    ExecutiveBoard

    Concurrentvacancies

    Voting strength

    Emeritusstatus

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    the Locals payment of per capita tax to the InternationalUnion, excluding associate members, life members,retired members paying less than the full dues required forworking members of their Local Union, and agency fee

    payers. If more than one ofcer is from the same LocalUnion, the voting strength shall be divided equally among

    those ofcers for this purpose

    Article VIIIINTERNATIONAL PRESIDENT

    DUTIES AND POWERS

    Section 1(a). It shall be the duty of the InternationalPresident to preside at the Convention of the InternationalUnion and at meetings of the International Executive Board,and conduct them in accordance with parliamentary rulesand in conformity with this Constitution. The InternationalPresident shall appoint all committees and boards and be amember ex ofcio of all committees and boards.

    (b). The International President shall have the decidingvote in case of a tie on any question.

    (c). The International President shall act to the best ofhis or her ability in furthering the purposes and objects of

    the organization and the interests of its members.

    (d). The International President shall have generalsupervision and direction over the affairs of the InternationalUnion. The International President shall be authorized tocall and make arrangements for such meetings, seminarsand conferences as he or she may deem necessary; andshall direct all departments, functions and programs of theInternational Union.

    (e). The International President shall have generalsupervision and direction of the organizing efforts of thisInternational Union. The International President shall have

    power to appoint organizers, representatives, coordinatorsand organizing committees and to make such loans or grantsuch subsidies to Local Unions and afliated bodies as heor she deems necessary.

    (f). Consistent with the programs and policies adopted by

    the SEIU Convention delegates, the International Presidentshall be empowered to negotiate and enter into national,regional, or areawide collective bargaining agreements,including companywide or multiemployer agreements,and to coordinate activities toward this end in consultationwith the Local Unions involved, and is authorized torequire and direct coordinated bargaining among LocalUnions. An industry division of the International Unionalso may recommend to the International President

    situations in which coordinated bargaining is warranted orwhere a comprehensive unionwide strategy of employerrelations is needed for key strategic global, national orregional employers. Accordingly, the industry divisionsshall develop a process to identify such circumstancesand in each case, the proposed structure for carrying outthe decision-making (including membership authorizationfor strike action and membership voting on contract

    Presidingofcer

    Appointmento committees,boards

    Deciding vote

    Generalresponsibility

    Generalauthority

    Organizingauthority

    Authorityor collectivebargaining

    Coordinatedbargainingprocess

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    ratication), and the nancing of the bargaining processitself. The divisions recommendation shall addresswhether there is a need for the delegation of bargainingauthority to the International Union or to a nationalor regional bargaining committee, appointed by theInternational President. The affected locals shall pay for

    the expenses of their participation after their input into theelements of such nancing.

    (g). The International President shall be empowered toemploy necessary staff and retain counsel, accountants andother professional personnel as he or she may require toassist in the duties of the ofce and to x their compensation.He or she shall be empowered to x the compensation ofthe International Executive Vice Presidents. With respect tothe ofce of International Vice President and InternationalExecutive Board member, the International ExecutiveBoard has phased out salary entitlements and is authorizedto adopt an alternative compensation policy that recognizesany nancial hardship on locals by this change in policy, aswell as additional responsibilities that may be assigned to

    particular individuals.

    (h). The International President shall have authority tointerpret this Constitution and Bylaws and decide on all

    points of law submitted to him or her by Local Unions orthe membership thereof, or by afliated bodies, subject toappeal to the International Executive Board, and the nextConvention.

    Section 2. Any member or ofcer of a Local Unionaggrieved by any action of his or her Local Union orafliated body not covered by the provisions of ArticleXVII of this Constitution (including determinations ofelection protests) may petition the International President

    within 15 days after the act complained of, or may petitionthe International Executive Board, within 15 days after theaction of the International President thereon, to review theaction of the Local Union or afliated body. The Presidentwill endeavor to have a hearing held within 30 days of the

    petition or protest, if the President deems a hearing to benecessary, and shall attempt to render his or her decisionwithin 30 days thereafter.

    Section 3. The International President shall, by virtueof his or her ofce, represent the International Union atthe conventions of labor organizations with which thisInternational Union is afliated and shall appoint all otherdelegates to such conventions.

    Section 4. The International President shall sign allcharters and other ofcial documents of this InternationalUnion; shall have the authority to direct an examinationof the books and records of any Local Union or afliated

    body; and shall draw vouchers on the InternationalSecretary-Treasurer for such sums of money as his orher activities require, and the same shall be paid by theInternational Secretary-Treasurer.

    Section 5. The International President shall have powerto appoint upon recommendation of the International

    Authority toset salaries

    Salaryentitlement

    phase out

    Authority onquestions o

    law

    Right o appeal

    Right opetition to

    president

    Representinginternationalunion at

    conventions

    Charters,audits, and

    vouchers

    Appointmento assistants

    Authority toemploy sta

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    Secretary-Treasurer such ofce assistants as may fromtime to time be required.

    Section 6. All vouchers of the International Unionshall be submitted to the International President forapproval. The International President may at any timeappoint a member of the Board of Auditors or such otherrepresentative or accountant as he or she may designateto examine into any matter affecting the nances of theInternational Union.

    Section 7(a). Whenever the International Presidenthas reason to believe that, in order to protect the interestsof the membership, it is necessary to appoint a Trusteefor the purpose of correcting corruption or nancialmalpractice, assuring the performance of collective

    bargaining agreements or other duties of a bargainingrepresentative, restoring democratic procedures, orotherwise carrying out the legitimate objects of thisInternational Union, he or she may appoint such Trusteeto take charge and control of the affairs of a Local Unionor of an afliated body and such appointment shall havethe effect of removing the ofcers of the Local Unionor afliated body.

    (b). The Trustee shall be authorized and empoweredto take full charge of the affairs of the Local Union orafliated body and its related benet funds, to removeany of its employees, agents and/or trustees of anyfunds selected by the Local Union or afliated bodyand appoint such agents, employees or fund trusteesduring his or her trusteeship, and to take such otheraction as in his or her judgment is necessary for the

    preservation of the Local Union or afliated body andfor the protection of the interests of the membership.The Trustee shall report on the affairs/transactions ofthe Local Union or afliated body to the InternationalPresident. The Trustee and all of the acts of the Trusteeshall be subject to the supervision and direction of theInternational President.

    (c). Upon the institution of the trusteeship, allmoneys, books and property of the Local Union orafliated body shall be turned over to the Trustee.

    (d). The Trustee shall be bonded for the faithfuldischarge of his or her duties relating to the handling offunds or other property of the Local Union or afliated

    body.

    (e). The Trustee shall take possession of all the funds, books, papers and other property of the Local Unionor afliated body. The Trustee shall pay all outstandingclaims, properly proved, if funds are sufcient. When

    self-government is restored, the Trustee shall return allfunds, books, papers and other property to the LocalUnion or afliated body. If, however, the Local Unionor afliated body is dissolved by the revocation of itscharter, then any balance remaining to the credit of theLocal Union or afliated body shall be forwarded to theInternational Secretary-Treasurer and shall become the

    property of the International Union.

    Authorityto imposetrusteeships

    Powers and

    duties otrustee

    Responsibilityto president

    Moneys, books,property

    Bondingrequired otrustee

    Financialresponsibilitieso trustee

    Monitoringfnances

    Investigationo fnances

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    (f). In order to ensure that no trusteeship is imposedwithout an adequate right to be heard or without otherappropriate safeguards, prior to the imposition of atrusteeship the International President shall appoint ahearing ofcer or ofcers (who need not be a member ormembers of this organization), and shall issue a notice,

    which shall be distributed in a timely fashion, setting atime and place for a hearing, for the purpose of determiningwhether a Trustee should be appointed. Said hearing ofceror ofcers shall issue a report and recommendations,orally, or in writing, to the International President, whoshall thereupon make his or her determination; providedthat where in the judgment of the International Presidentan emergency situation exists within the Local Unionor afliated body, a Trustee may be appointed prior to a

    hearing; provided further that in an emergency situation,the International Executive Board shall appoint a hearingofcer or ofcers (who need not be a member or membersof the organization) who shall conduct such a hearing within30 days after imposition of the trusteeship, and a decision

    by the International Executive Board shall be made within60 days after the appointment of such Trustee, These timelimits may be extended by the International President forgood cause which decision shall be nal and binding.

    Pending the International Executive Boards decision, thetrusteeship shall remain in full force and effect.

    (g). The International President may appoint arepresentative to meet with the ofcials of Local Unionsor afliated bodies and to attend any meetings of LocalUnions or afliated bodies where in the judgment of theInternational President there is a need to assist the LocalUnions or afliated bodies with respect to their internalneeds. The International President may appoint a hearingofcer to examine the internal needs of the Local Union orafliated body, and to assist him/her in determining whatremedial action(s), if any, should be implemented by theLocal Union or afliated body. At any time, the InternationalPresident also may designate his/her representative asa Monitor with additional oversight responsibility toreview compliance with the International Presidentsrecommendations and/or otherwise assist in addressingthe internal needs of the Local Union or afliated body.Among the internal needs to be considered is whether aLocal Union or afliated body has met applicable standardsendorsed by the International Convention or satised such

    procedures, rules and/or regulations duly adopted by theInternational Executive Board to carry out the goals set bythe International Convention.

    Section 8. The International President shall have powerto call upon any and all ofcers for assistance and advice

    when the occasion demands or requires it.Section 9. The International President shall make a full

    report to each International Convention and at ExecutiveBoard meetings.

    Emergencytrusteeship

    Presidentspersonal

    representative

    Internal needs

    hearing

    Monitor

    Compliancewith

    applicablestandards

    Presidentsauthority

    to call orassistance

    Presidentsduty to report

    Procedureor imposing

    trusteeship

    Appointmento hearing

    ofcer

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    Article IXDUTIES OF INTERNATIONAL

    SECRETARY-TREASURER

    Section 1. The International Secretary-Treasurershall keep a correct record of all the proceedings of

    the International Convention and of the InternationalExecutive Board.

    Section 2. The International Secretary-Treasurer shallreceive and collect all moneys due to the InternationalUnion, which shall be deposited in such banks as may bedesignated by the International Executive Board.

    Section 3. The International Secretary-Treasurer shallconduct all ofcial correspondence, receive all applications

    for charters, countersign and issue charters as may begranted, and have charge of the ofcial seal.

    Section 4. The International Secretary-Treasurer shalldraw and sign or authorize the signing of all checkscovering expenditures of the International Union, upon theco-signature or approval of the International President.

    Section 5. The International Secretary-Treasurer shallmaintain records of the membership of the International

    Union and shall report to the International President andthe International Executive Board as required.

    Section 6. The International Secretary-Treasurer shallmake a full report of all matters relating to his or her ofceto each International Convention.

    Section 7. The International Secretary-Treasurer shall,at the end of his or her term of ofce, turn over to his or hersuccessor in ofce all books, moneys, property and other

    belongings of the International Union.Section 8. The books and records of the International

    Secretary-Treasurer shall be open for inspection by theofcers of the International Union.

    Section 9. The International Secretary-Treasurer shallkeep all records pertaining to income, disbursements, andnancial transactions of any kind for a period of at least sixyears, or longer if required by applicable law.

    Article XDUTIES OF THE

    EXECUTIVE VICE PRESIDENTS

    Section 1. The International Executive Vice Presidentsshall work under the supervision of the InternationalPresident.

    Section 2. The International Executive Vice Presidentsshall perform such duties as are assigned to him or her bythe International President.

    Proceedingso convention,

    executiveboard

    Saeguardingthe moneys

    Charters,ofcial seal

    Expenditures

    Membershiprecords

    Conventionreports

    Obligation tosuccessor

    Obligation toopen books

    Maintenanceo unionrecords

    Supervision bypresident

    Dutiesassigned bypresident

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    Article XIDUTIES OF THE INTERNATIONAL

    EXECUTIVE BOARD

    Section 1. The International Executive Board shallhold sessions at least two times within each year. The

    meetings of the International Executive Board shall beupon the call of the International President at times and

    places which, in his or her judgment, best serve the needsof the International Union. Whenever a majority of theInternational Executive Board requests the InternationalPresident to call a meeting thereof, it shall be mandatoryupon him or her to do so. A meeting of the InternationalExecutive Board may be held by telephone or videoconference at the discretion of the International President.

    All necessary expenses for such meetings shall be paid by the International Union. The International ExecutiveBoard shall have power to transact all business of theInternational Union between Conventions. A majority ofthe members of the International Executive Board shallconstitute a quorum for the transaction of its business.

    Section 2. The International Secretary-Treasurer shallnotify all Local Unions and afliated bodies of the timeand place of International Executive Board meetings. AnyLocal Union or afliated body may present any grievanceor matter which it deems to be for the welfare of theInternational Union or any of its Local Unions or afliated

    bodies at any meeting of the International ExecutiveBoard.

    Section 3. The International Executive Board shall actupon and decide all appeals presented to it by Local Unionsor individual members or by afliated bodies.

    Section 4. The International Executive Board shallprovide for the bonding of ofcers and employees of theInternational Union in accordance with the requirementsof applicable statutes or as the International ExecutiveBoard shall deem necessary.

    Section 5. When the International Executive Boardis not in meeting and the International President deemsit necessary for the International Executive Board to act

    promptly, the International Secretary-Treasurer shall poll the International Executive Board and such actionand vote may be taken by letter, telegram, teletype,facsimile, telephone or any other appropriate means ofcommunication. Such action so taken on vote of themajority of the International Executive Board shallconstitute ofcial action of the International ExecutiveBoard.

    Section 6. The International Executive Board shall,

    subject to action of an International Convention, be thenal authority and the highest governing body of thisInternational Union.

    The Board is hereby authorized and empowered totake any and all lawful action not inconsistent with thisConstitution to safeguard and protect this InternationalUnion, the rights, duties and privileges of the ofcers

    Quorum

    Notifcation tolocal unions

    Right topresent

    grievances

    Right to decideappeals

    Bondingprovisions

    Polling byinternational

    president

    Executive

    board ishighest

    authority

    Duties andresponsibilities

    Meetingrequirement

    Majoritymay initiate

    meeting

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    and members of this International Union and its LocalUnions or any of its afliated bodies; to guide, manage,conduct and direct the activities, affairs, and functions ofthis International Union and to, in every way, including butnot limited to expenditure, investment, and management,utilize the property and funds of this International Union

    towards the fulllment of the purposes and objects of thisorganization. In addition to the general and specic powersconferred upon the Board elsewhere in this Constitution,and in addition to any lawful powers appertaining thereto,the Board is specically authorized to:

    A. Establish, adopt, prescribe and order such procedures,rules and regulations, consistent with this Constitution, asare required for the direction and management of the affairsof this International Union and its constituent subordinate

    bodies and to repeal or amend the same;

    B. Delegate, consistent with this Constitution, to any ofits ofcers or agents any of the functions and powers hereinset forth, except the power to ll vacancies in ofce;

    C. Establish and/or approve the payment of salaries,wages, expenses, allowances, and disbursements for itsofcers, agents and employees; and adopt, maintain oramend any pension or health and welfare trust agreement

    or plan which it deems to be in the interest of the ofcersand employees of the International Union or its LocalUnions or other afliated bodies or employees represented

    by the International Union or any of its Local Unions orother afliated bodies and the families of said ofcers andemployees, provided that no accrued rights of a participantshall be impaired;

    D. Take such legal action as it deems necessary to

    protect the interests of this International Union, itsofcers, representatives, agents, employees, members, orconstituent Local Unions or its afliated bodies, includingthe initiation, prosecution, and defense of lawsuits andarbitrations, the settlement or compromising of any claimwhether defended or prosecuted, and the payment ofexpenses and costs of all such proceedings and actions; orabstain from enforcing any claim;

    E. Invest or reinvest the funds of this International

    Union in such property, real or personal, tangible orintangible, as it shall consider desirable for the effectuationof the purposes and objects of this International Union andthe interest of its members, or permit such funds to remainuninvested;

    F. Lease, buy, and in every lawful manner acquire, onbehalf of this International Union, all property, rights, andprivileges, as it shall think desirable for the effectuation

    of the purposes and objects of this International Unionand the interests of its members, at such prices, terms andconditions as this Board shall, in its discretion, determine;

    G. Sell, lease, rent, mortgage, pledge, exchange, orotherwise dispose of any property, real or personal, tangibleor intangible, and any rights or privileges appertainingor belonging to or in the possession of this International

    Establishmento rules andregulations

    Delegation opowers

    Salaries andtrusts

    Authority

    to take legalaction

    Investment o

    unds

    Acquisition oproperty

    Disposal oproperty

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    Union or its membership, whenever in its discretion theBoard considers that the purposes and objects of thisInternational Union and the interests of its members will

    be thereby effectuated for such prices and upon such termsand conditions or for such consideration as the Board in itsdiscretion determines;

    H. Obtain loans from any banks, rms, corporations orinstitutions, upon such terms and conditions as the Boardshall determine, and for the sums so borrowed, issue its

    promissory notes or other evidence of indebtedness;

    I. Enter into, issue and create, effectuate and terminatesuch mortgages, deeds, trust agreements, and negotiableinstruments, however secured, as the Board in its discretion

    believes will effectuate the objects and purposes of this

    International Union and the interests of its members;J. Afliate this International Union or otherwise enter

    into or discontinue a relationship with such organizationsand bodies, local, national and international, as the Board

    believes will effectuate the objects and purposes of thisInternational Union and the interests of its members;

    K. Afliate to this International Union by merger, partnership, alliance consolidation, charter or otherwise

    any existing labor organization or other organization asthe Board may approve and in connection therewith maygrant to such labor organization until the next InternationalConvention such executive positions and/or representationon the International Executive Board in the form ofadditional Vice Presidents and Executive Board Membersin excess of the total number provided in Article VI,Section 1. The terms and conditions of such relationships,including afliations, partnerships, alliances mergers, or

    consolidations may include waiver of other provisions ofthis Constitution for such periods of time as shall be setforth in the agreement;

    L. Decide questions of jurisdiction relating to LocalUnions and other bodies afliated to the InternationalUnion, and conclude organizational and jurisdictionalagreements with other labor organizations;

    M. Make such loans, either direct or indirect, whether

    to individuals or organizations, as are lawful and notinconsistent with this Constitution, with such securityand with such arrangement for repayment as the Boardmay deem appropriate, and as the Board considers willeffectuate the purposes and objects of this InternationalUnion and the interests of its members;

    N. Establish, adopt and order such procedures as it deemsnecessary for the International Union, Local Unions, andafliated bodies pertaining to agency shop fees, fair share

    fees and similar fees, and repeal or amend the same; andO. In order to build strength for working women and

    men in the 21st century, the International Executive Boardis authorized to enter into new types of arrangementsincluding, but not limited to, partnerships, afliations and/or alliances on a national or global scale, for expanding theUnions outreach to, and involvement with, organizations

    Terms oafliation

    Authorityto waive

    constitutionalprovisions

    Jurisdictionalquestions and

    agreement

    Authority to

    lend

    Agency andother ee

    procedures

    Newarrangements

    to expandoutreach

    Mortgages andtrusts

    Afliations

    Authority toborrow

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    and people with common goals. Accordingly, the authorityset forth in this Article should be broadly interpreted tocarry out the intent and purpose of this mission as well asto take advantage of new opportunities available throughadvances in technology and the internet. In entering sucharrangements, the International Executive Board may grant

    such waivers from the provisions of the Constitution untilthe next Convention as will advance this objective.

    The International Executive Board shall be the nalauthority in fullling, interpreting and enforcing thisConstitution, subject to review by an InternationalConvention.

    The opinion of any attorney, accountant, or other professional consultant or expert hired pursuant to this

    Constitution shall be full and complete authority and protection with respect to any action taken, suffered oromitted by this Board or any member thereof in good faithand in accordance with such opinion. The InternationalExecutive Board, or any member of it, shall not be liableto any person or organization, for any act, which is notwillful misconduct or in bad faith, done by this Board orsaid member in effectuation of the purposes and objects ofthis Constitution and the interests of the members of this

    organization.Article XII

    STRIKES AND LOCKOUTS

    No Local Union or afliated body shall strike without previous notication to the International President, or,where prior notice is not practicable, without noticationas soon as possible after commencement of the strike, inwhich notice the Local Union or afliated body has stated

    that it has complied with all applicable notice requirements.If the Local Union or the afliated body fails to give suchnotice, the International President may withhold sanctionfor the strike called by the Local Union or afliated body.Based on the recommendation of the industry divisions ofthe International Union, the International Executive Boardmay limit this strike notication to fewer situations.

    Article XIII

    REVENUE

    Section 1(a). The revenue of this International Unionshall be derived from per capita tax, initiation fees,charter fees, assessments or from any other source that theInternational Executive Board may determine.

    The per capita tax from Local Unions shall continue tobe $7.65 per member per month on all dues received by

    the Local Union.For a retired member associate member or organizing

    committee memberpaying less than the full dues requiredfor working members of his or her Local Union, the percapita shall be $1.00 per month.

    The International Union shall not set aside anysegregated funds from per capita tax payments received

    Constitutionalauthority

    Protectionrom liability

    Strikenotifcationrequirement

    Per capitataxes

    Specialmembershipcategories

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    from Local Unions on behalf of retired, associate ororganizing committee members.

    Upon the recommendation of the InternationalPresident, the International Executive Board shall have theauthority to adjust the per capita tax required from LocalUnions (i) for nonworking members, including retiredmembers and associate members; provided, however,that notwithstanding the provisions of Article XV, LifeMembers granted such status pursuant to this Constitutionon or before May 1, 2000,shall have no continuing duesobligations, but they shall nonetheless be eligible to enjoyall the benets and privileges of retired members in theInternational Union, including continued participationin the International Unions Death Gratuity Program ifotherwise eligible; and (ii) that are afliated with anotherinternational union.

    (b). An amount of money which shall be determinedannually by the International Executive Board shall beset aside from the per capita tax and shall be expended bythe International Union directly or indirectly for politicaleducation and political action purposes, but solely inaccordance with the provisions of applicable law.

    (c). The International Union shall set aside out of the

    per capita tax, the sum of 40 cents per member per monthon all monthly dues received by the Local Union as aStrike and Defense Fund to aid Local Unions engaged inauthorized strikes, in defending against lockouts, and indefending the integrity and welfare of the Local Union,as dened under criteria established by the InternationalSecretary-Treasurer, and shall credit each Local Unionwith the amount which such Local Union has paid into theStrike and Defense Fund.

    Such moneys shall not be set aside out of per capita taxpayments received from Local Unions on behalf of retired,associate, or organizing committee members.

    For the years 2009 and 2010, 25 cents of the 40 centsshall be used by the International Union to maintain current

    programs and support the implementation of the Justicefor All program. The International Executive Board shalldetermine whether to continue to utilize all or a portion

    of the 25 cents for these purposes in the following years,taking into account that the per capita tax has not beenincreased since the 2000 SEIU Convention.

    Prior to the applicable year, a local union may requestapproval from the International Secretary-Treasurer tosubstitute an alternative payment plan for the 25 cents.This plan may include the option for the InternationalUnion to retain funds that would otherwise be paid back to

    the local union under Article XV, Section 18.Subject to the criteria established by the International

    Secretary-Treasurer, a Local Union may after no less thanone year of contributions draw on the Strike and DefenseFund, or from such other funds of the International Unionas shall be determined by the International ExecutiveBoard, to the extent of the total unexpended fundsremaining to its credit, plus an additional sum equal to

    Strike anddeense und

    Withdrawalsrom strikeand deense

    und

    Authority toadjust tax

    Political und

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    the amount set aside out of its required payments in thepreceding 12 months. Once such an additional paymenthas been drawn by the Local Union, no further paymentshall be made to the Local Union pursuant to this Sectionuntil an amount equal to such additional payment, plus

    payment for one additional year, has been again paid

    into the credit of such Local Union. Interest and incomecredited to the Strike and Defense Fund shall be used insupport of strikes conducted for organizational purposesor for other defense purposes. In addition to the foregoing

    provisions, the International President shall in his or herdiscretion be authorized to return to such Local Union allor part of its Strike and Defense contributions to be usedfor such defense purposes or other purposes as he or shemay determine. Any refund or return to a Local Union

    under the terms of this paragraph shall be made only oncea year, after the end of such year, upon the prior requestof the Local Union. The International Executive Board isauthorized to direct that a Local Unions contributions tothe Strike and Defense Fund be used to satisfy the LocalUnions outstanding nancial liability to the InternationalUnion or, pursuant to a decision of the InternationalExecutive Board after appropriate proceedings, to anotherafliated body or Local Union if such liability is at least

    90 days past due. In such circumstances, the Local Unionwill receive 15 days notice before such action is initiated.

    Questions concerning the application or interpretationof this subsection shall be resolved by decision of theInternational Secretary-Treasurer, subject to appeal to theInternational Executive Board.

    (d). In addition to the per capita tax set forth in Section1(a), each Local Union, except those based in Canada,

    shall pay to the International Union a per capita tax tonance the Unity Fund. Through the Unity Fund, alllocal unions will pool resources in order to have the newstrength to win improved pay, benets and security formembers in the 21st century. This additional per capitatax per member per month shall be as follows:

    On dues received by the Local Union in the monthof January 2004, and through the month of December2004$4.00.

    On dues received by the Local Union in the month ofJanuary 2005, and thereafter$5.00.

    Notwithstanding the above, this additional per capitatax for the Unity Fund shall not be paid on dues from anymember who is paid gross wages of less than $433 permonth. The additional per capita tax for the Unity Fundshall also not be payable on dues from members who havenot achieved a rst collective bargaining agreement.

    (e). Based on the recommendation of the CanadianCouncil, the International Executive Board may requireeach Local Union based in Canada to pay to the InternationalUnion a per capita tax in addition to the per capita tax setforth in Section 1(a) to nance a Canadian Unity Fund.Through this Unity Fund, all Canadian local unions will

    pool resources in order to have the new strength to win

    Discretionaryreunds

    Use o undto satisyoutstandingliabilities

    Unity Fund(except

    Canada)

    Low-wageworker

    CanadianUnity Fund

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    improved pay, benets and security for members in the21st century. The amount of the additional per capita taxshall be determined by the International Executive Board,

    based on the recommendation of the Canadian Council.

    (f). For the purposes of this section, the term membershall include agency fee payer and Rand Formula payer andcomparable fee payers, and the term dues shall includeagency service fees, Rand Formula fees and comparablefees.

    Section 2. Dues of members are due and payable on orbefore the last day of the current month and in order for amember to be in good standing his or her dues must be paidon or before the last day of each month. All other nancialobligations of the Local Union must likewise be paid on or

    before the last day of the month in which they fall due.Section 3. For a Local Union to be considered in good

    standing, per capita tax and all other fees and paymentsmust be paid by each Local Union to the InternationalUnion before the end of the month following the monthin which the Local Union received dues or other paymentson account of which per capita tax or fees are payable tothe International Union. If the monthly per capita tax, orany part thereof, is not submitted by the end of the month

    following that in which it is due, the Local Union shallbe deemed delinquent in its payment and shall be chargeda late payment fee, at an interest rate to be determined

    periodically by the International Executive Board, on thatportion of the per capita tax which has not been paid by thedue date, except that the International President may waivethis penalty charge for good cause shown. If a Local Unionfails to make the payments herein required within 30 daysof the date due, the International Secretary-Treasurer shall

    notify the Local Union that it is no longer in good standingand shall within 30 days thereafter refer the matter to theInternational President for such action as the InternationalPresident shall deem appropriate, including withoutlimitation, suspension of the Local Union, revocation ofits charter, or the appointment of a Trustee as provided inArticle VIII, Section 7 of this Constitution and Bylaws. TheInternational President, and in the event of an appeal fromhis or her decision, the International Executive Board, may

    lift any suspension or stay revocation of the charter uponsuch terms and conditions as may be prescribed.

    Section 4. No Local Union shall have any right to payany bills before it pays its full obligation to the InternationalUnion each month.

    Section 5(a). The Local Union by its Secretary-Treasurershall forward to the International Secretary-Treasurer thecorrect names and addresses (including e-mail address and

    phone number, if available) of all its members, and othermembership information as specied by the InternationalExecutive Board. Each month it shall submit all changesof addresses; the names, addresses and Social Securityor Social Insurance numbers of all members initiated orreadmitted, of all other persons from whom revenue isderived, and of those suspended for nonpayment of dues

    Priority oper capita

    payment

    Reportingrequirements

    o locals

    (membershiplists)

    Defnition

    Payment odues

    Maintenanceo good

    standing

    Sanctions ornonpayment

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    or for any other cause; and a correct list of those who taketransfer or withdrawal cards. In addition, the InternationalUnion must be notied of the names and addresses of allofcers elected to ofce within 15 days of such action.The proper ZIP code shall be included for each address.Each Local Union must provide the same membership

    list to the State Council with which it is afliated. Basedon the recommendation of the International SecretaryTreasurer, the International Executive Board may approvea modication to this section which limits the frequencyand/or content of this requirement.

    (b). Each local shall forward to the InternationalSecretary-Treasurer, by April 1 of each year, informationand supporting documentation showing the average grosswage rate of its membership for the previous calendar year.The Secretary-Treasurer may issue specic guidance onthe nature of the supporting documentation required.

    Section 6(a). Local Union ofcers or the ofcers of anyother afliated body shall furnish to any person designated

    by the International President to examine its books andrecords, all of its books, records, accounts, receipts,vouchers and nancial data whenever requested. All LocalUnions and other afliated bodies shall promptly forward

    to the International Secretary-Treasurer copies of all annualaudit reports and copies of all nancial reports settingforth a statement of assets and liabilities and a statement ofreceipts and disbursements which are required by law.

    (b). All records of a Local Union or other afliated body pertaining to income, disbursements and nancialtransactions of any kind whatsoever must be kept fora period of at least six years or longer if required byapplicable law.

    Section 7. When the charter of a Local Union or otherafliated body is revoked, the Local Union or otherafliated body and its ofcers shall return all books,documents, property and funds to the International Union.

    Section 8. The revenue from per capita taxes paid byCanadian Local Unions shall be spent by InternationalUnion for activities that support Canadian Local Unions.

    Article XIVISSUANCE OF CHARTERS

    Section 1. Twenty-ve or more persons within the jurisdiction of this International Union may apply tothe International Secretary-Treasurer for the issuanceof a charter. In any event, the International President orthe International Executive Board may issue a charter

    whenever it is deemed advisable. The application for acharter shall be accompanied by the required initiation feesand charter fee.

    Section 2. The International Executive Board shallestablish the policy and procedures governing the issuanceof charters and shall determine all questions of jurisdiction

    between Local Unions. Local Unions in existence at thetime of the formation of the International Union shall retain

    Average grosswage rate

    Examinationo local booksand records

    Annual auditreports

    Maintenanceo local records

    Requirementson revocationo charter

    Canadianlocals percapita

    Application orcharter

    Charteringprocedures andjurisdiction

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    the jurisdiction which they held at that time. If there be anycontested question in connection with the matters referredto in this Section, action of the International ExecutiveBoard shall be after a hearing upon reasonable notice

    before it or a hearing ofcer or ofcers (who need not bea member or members of this organization) designated by

    the International Executive Board.Section 3. The International Executive Board may

    consolidate or merge existing Local Unions under suchterms and conditions as the International Executive Boardmay determine when in the opinion of the InternationalExecutive Board the interests and welfare of theInternational Union and the membership thereof will be

    better served by such action.

    Section 4. Such merger or consolidation of existingLocal Unions shall be conditioned upon the consent ofthe Local Unions or shall be effectuated after a hearingupon reasonable notice before the International ExecutiveBoard or a hearing ofcer or ofcers (who need not be amember or members of this organization) designated bythe International Executive Board.

    Section 5. The International President may designatesuch coordinators and establish such organizing committees

    or provisional Local Unions for the purpose of organizingworkers, and may establish other bodies for other purposeshe or she deems appropriate, with or without requiring the

    payment of dues, initiation fees or per capita tax, as he orshe may deem advisable, and the International Presidentshall be authorized and empowered to name provisionalofcers for and to expend and control the nances of suchorganizing committees or provisional Local Unions orother bodies. The International President shall thereafter

    report such matters to the International Executive Board.

    Article XVDUTIES OF LOCAL UNIONS

    Section 1. All Local Unions and afliated bodies shallsecure and maintain surety bonds in the amounts and theform required by applicable statutes. The International

    Secretary-Treasurer may direct an increase in the amountof any bond whenever he or she deems it necessary andadvisable and may direct bonding by any Local Union notrequired by statute to secure a bond.

    Section 2.No person shall be eligible for nomination asan ofcer, member of the Executive Board, delegate, or anyother ofce in a Local Union who has not been a memberin continuous good standing in the Local Union for atleast two years immediately preceding the nomination and

    has, during all of that time, paid the full dues required forworking members of the Local Union within each monthwhen due. Notwithstanding the above, a Local Union mayadopt a local union bylaw that reduces this continuousgood standing requirement from two years to no less thansix months. No person who has been convicted of a felony

    Bonding olocals

    Eligibilityrequirements

    or local ofcers

    Contestedquestions

    Consolidationand merger

    Mergerhearings

    Provisionalorganization

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    as dened in Section 504 of the Landrum-Grifn Act (orindictable offense in Canada) shall in accordance with the

    provisions of applicable law be eligible for nominationunder the terms of this Section. If the Local Union has

    been chartered less than two years, the required periodof continuous good standing shall be the entire time that

    the Local Union has been chartered. The InternationalPresident may waive the foregoing requirements forgood cause shown. Any Local Union may provide inits Constitution and Bylaws for further limitations uponeligibility for nomination, provided such provisions areapproved by the International Union. Upon the request of aLocal Union Executive Board, the International Presidentmay waive Local Union eligibility requirements for goodcause shown. Associate members, life members, and those

    retired members paying less than the full dues required forworking members of the Local Union shall not be eligiblefor nomination as an ofcer, member of the ExecutiveBoard, delegate, or any other ofce in the Local Union.Proxy voting shall not be permitted in any election for anofcer, member of the Executive Board, delegate or anyother ofce in the Local Union. Write-in candidates shallnot be permitted in any election for an ofcer, memberof the Executive Board, delegate or any other ofce in

    the Local Union, except if expressly approved by theInternational President upon request of the Local UnionExecutive Board.

    Section 3. The Constitution and Bylaws of all LocalUnions and afliated bodies and amendments theretomust be submitted to the International Union and beapproved before they become valid; provided, however,that notwithstanding such approval, the Constitution andBylaws of all Local Unions and afliated bodies shall atall times be subordinate to the Constitution and Bylaws ofthe International Union as it may be amended from time totime. If a Local Union or an afliated body shall not havesecured the approval of a valid Constitution and Bylaws,the provisions contained in the Constitution and Bylawsof the International Union as it may be amended fromtime to time shall govern said Local Union and afliated

    body insofar as applicable. Regardless of approval, ifany conict should arise between the Constitution andBylaws of a Local Union and afliated bodies or anyamendments thereto, and the Constitution and Bylaws ofthe International Union as it may be amended from time totime, the provisions of the Constitution and Bylaws of theInternational Union shall govern.

    Section 4. Each Local Union shall provide its membersupon request with a copy of the Constitution and Bylawsof the International Union and the Local Union. Copies of

    the International Constitution and Bylaws will be providedby the International Union to the Local Unions at cost.

    Section 5. All Local Unions must provide for meetings ofthe membership on a general, division, chapter or worksite

    basis at least once every two months, except during themonths of July and August.The Executive Board of each

    Exclusions

    Waiver

    Proxies, write-ins prohibited

    Approvalo localconstitutions

    Priority oInternationalConstitution

    Distribution oConstitution

    Local meetingrequirements

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    Local Union shall in any case meet at least once a month.However, if approved by the Local Union membership,the requirements of this section may be modied in theLocal Unions Constitution and Bylaws.

    Section 6(a). Effective January 1, 2009, for all membersof Local Unions who have annual earnings of $16,000or more, the minimum dues shall be equal to $29.00

    per month. Effective January 1, 2009, for all memberswith annual earnings between $5,500 and $16,000, theminimum dues shall be equal to $24.00 per month.

    Effective January 1, 2010, through January 1, 2012,the minimum monthly dues for all members with annualearnings, of $5,500 or above shall be increased by $1.00annually, effective January 1 of each year.

    No