Article IV
CONVENTION—REPRESENTATION THEREIN
Section
1. The Convention of this International Union shall meet every four
years and shall convene at such time and place as the International
Executive Board may determine upon the recommendation of the
International President.
Section 3. The International Convention
shall consist of duly elected delegates from their Local Unions, and
none but delegates duly elected in accordance with all applicable
statutes and the provisions of this Constitution and Bylaws shall be
eligible to represent any Local Union at the International Convention
or be entitled to vote except that all full-time International officers
shall by virtue of their office be delegates with a voice but no vote
to any Convention which is held during their term of office. All
officers of a Local Union elected in conformity with all applicable
statutes shall by virtue of such election be considered to be eligible
delegates to any International Convention which may take place during
their term of office. If at the time of the receipt of the Convention
call it shall appear that such number of elected officers is less than
the number of delegates to which the Local Union will be entitled at an
International Convention, then arrangements may be made at the option
of the Local Executive Board for nomination and secret ballot election,
if required, of an additional number of eligible members as Convention
delegates. Nominees for such position, if unopposed, shall be deemed
elected without necessity for further procedures. The Local Union must
designate in its Constitution and Bylaws the order in which the
officers would be designated as delegates and alternates if less than
all the officers are entitled to go to the Convention as delegates,
provided that the chief executive officer of the Local Union shall, if
otherwise eligible, be deemed entitled even in the event the Local
Union fails to so designate. Any Local Union may by provision in its
Local Constitution and Bylaws dispense with the foregoing provision
that officers of the Local Union be ex officio delegates to the
International Convention and may provide for nomination and, if
required, secret ballot election of such delegates. Further, subject to
applicable statutes, the International Executive Board may establish
representation rules for delegates from groups of associate members or
other special categories of membership or locals, which shall be set
forth in the notice of Convention Call for the International or Special
Convention. In no event shall the basis of representation for such
groups be greater in numbers than the formula set forth in Section 4
below. Any voting rights extended to such delegates must comply with
applicable law.
Section 4. The basis of representation shall be
one delegate for 500 members or less, and one additional delegate for
every additional 500 members or major fraction thereof up to 5,000
members, and then one additional delegate for every additional 1,000
members or major fraction thereof. A determination to be represented by
less than a full complement of delegates shall not affect the Local
Union’s eligible votes. The Executive Board of a Local Union shall
determine the number of delegates which shall represent it at the
Convention. For the purpose of voting, the computation of membership
for a Local Union shall not include life members, retired members
paying less than the full dues required for working members of their
Local 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 more than 500 members shall be entitled to one
retired member delegate who shall serve with a voice and a vote at the
Convention. Only retired members who have been members in good standing
for 60 days prior to the Convention as either members, retired members,
or life members of the Local Union shall serve as a retired member
delegate. The retired member delegate shall be selected by the
procedures provided for in the Local Union’s Constitution and Bylaws
for selecting such a retired member delegate or by the Local Union’s
Executive Board where no procedures are provided for in the Local
Union’s Constitution and Bylaws. The retired member delegate shall not
be permitted to vote on dues or to nominate or vote for officers at
the Convention.
Section 6. No delegate shall be permitted to represent more than one Local Union.
Section
7(a). No Local Union that has not been chartered, affiliated, and in
good standing for at least one month prior to the opening of the
Convention shall be entitled to representation in the Convention, and
each Local Union to be entitled to said representation must have paid
into the International treasury at least one month’s per capita tax
prior to the opening of the Convention. (b). For a Local Union to be
entitled to representation at the Convention, all moneys due the
International Union, whether by per capita tax or otherwise, and due to
any affiliated bodies, whether by per capita tax or otherwise, and all
moneys due for any pension or welfare funds provided for in this
Constitution, must be paid at least 15 days prior to the opening of
the Convention.
Section 8. The International Secretary-Treasurer
shall issue a Call for the Convention and notify each Local Union at
least 100 days prior to the date of the Convention of the number of
delegates to which said Local Union is entitled, and shall furnish
credential blanks in duplicate to the Local Union. Credentials issued
to delegates shall bear the signatures of the President and Secretary
of the Local Union.
Section 9. Credentials of delegates to the
International Convention must be in the hands of the International
Secretary-Treasurer at least 30 days prior to the opening of the
Convention. A delegate who is eligible to attend the Convention shall
not be disqualified because of the failure of a Local Union officer to
forward the delegate’s credentials.
Section 10. In addition to
the delegates selected in the manner provided in Section 3 of this
Article, a Local Union may provide for selection of such number of
alternates as it may determine are reasonably required to serve if
regularly elected delegates are unable to do so; such alternates shall
be selected or elected in the manner provided in Section 3 of this
Article. Each delegate or alternate must be a member of the Local Union
employed in the jurisdiction of the Local Union. This requirement,
however, shall not be construed to bar any member who is an officer or
employee of the Local Union or of the International Union, or any
affiliate thereof, or who is elected to public office or to a position
with an organization with which this International Union is affiliated.
Section
11. Any member who wishes to protest the election of any delegate or
the right of any Local Union officer to serve as a delegate pursuant to
Article IV, Section 3, must file a written protest with the
International Secretary-Treasurer within 15 days after such election or
after the decision by a Local Union that no election is required
pursuant to Article IV, Section 3. Any such protest shall be referred
to the Credentials Committee, in care of the International
Secretary-Treasurer. The Credentials Committee may waive the time limit
for filing protests upon a showing that the protesting member did not
know of the basis for his or her protest within sufficient time to file
a timely protest and he or she filed a protest immediately upon
discovery of the basis for his or her protest. The Credentials
Committee shall consider all timely protests and shall include its
decision on all protests in its report to the Convention. It may, in
its discretion, hold a hearing on any protest upon reasonable notice to
all affected parties.
Section 12. The number of votes which each
Local Union shall be entitled to vote in the Convention shall be
determined 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 of the year immediately preceding the calendar
year in which the Convention is held. In the case of a newly chartered
local without a twelve month payment period before December 31, the
number of votes shall be determined by averaging the most recent
regular monthly per capita tax payments for members received by the
International before the Convention, up to a maximum of twelve months.
The computation of voting strength shall not include associate members,
life members or agency fee payers. Where there are two or more
delegates in attendance from one Local Union, the vote shall be divided
equally between them.
Section 13. The International President
shall, before each Convention, appoint from the delegates-elect a
committee of at least seven to act as a committee on credentials. The
International President and International Secretary-Treasurer shall be
members of said committee. All credentials shall be referred to this
committee. This committee shall submit its report in writing to the
Convention.
Section 14. All Resolutions to be acted upon by the
Convention proposed by a Local Union must be submitted in writing to
the International Secretary-Treasurer at least 30 days prior to the
Convention and unless so submitted may not be considered by the
Convention except on unanimous consent of the delegates present.
Resolutions may be presented to the Convention by the International
Executive Board at any time during the Convention without requiring
unanimous consent.
Section 15. Delegates representing one-fourth
of the votes entitled to be cast at the Convention shall constitute a
quorum for the transaction of business.
Section 16. The rules
and order of business governing the preceding Convention shall be
enforced from the opening of any Convention of this International Union
until new rules have been adopted by action of the Convention.
Article V
ELECTION OF OFFICERS
Section
1. All nominations for International officers shall be made in open
Convention and elections shall be by roll call where there is more than
one candidate for any office. The roll call shall be conducted by voice
and/or open written ballot, as set forth in the Rules of the
Convention. Officers shall be elected by plurality vote.
Section
2. No candidate (including a prospective candidate) for any
International office or office in a Local Union or affiliated body or
supporter of a candidate may solicit or accept financial support or any
other direct or indirect support of any kind from any nonmember of the
International Union.
Section 3. Subject to §4 below, any member
wishing to protest the election of any International Officer must file
a written signed protest with the Roll Call Committee within the time
specified and at the place indicated in the Rules of the Convention at
which such officer was elected.
Section 4. Any delegate or
member wishing to submit an election protest pertaining to any issue
other than delegate credentials, candidate eligibility or the manner in
which the election was conducted must file such protest within 15 days
after the convention. All such protests shall be filed with the
International President. The International President shall endeavor to
have a hearing held within 30 days of the filing of the protest, if the
International President deems a hearing to be necessary, and shall
attempt to render his or her decision within 30 days thereafter. Within
15 days after the final action of the International President, a
petition for review may be filed with the International Executive
Board. In the alternative, the International President may forward an
election protest directly to the International Executive Board for
decision.
Article VI
OFFICERS
Section 1. The
officers of this International Union shall consist of an International
President, an International Secretary-Treasurer, four full-time
Executive Vice Presidents, 21 Vice Presidents (two of whom shall be
members of Canadian Local Unions), and 40 Executive Board Members (two
of whom shall be members of Canadian Local Unions and one of whom shall
be a Retired Member). The International President, the International
Secretary-Treasurer, and the four Executive Vice Presidents shall be
elected at large by all delegates assembled at the International
Convention. The Canadian Vice Presidents and Canadian Executive Board
Members shall be elected on the following basis: A Vice President and
Board Member shall be nominated and elected from all of the provinces
other than the Province of Quebec. A Vice President and Board Member
shall be nominated and elected from the Province of Quebec only,
provided, however, that the Vice President from Quebec and the
Executive Board Member from Quebec may not be members of the same Local
Union. Canadian Vice Presidents and Executive Board Members shall be
elected by the Canadian Council at its Convention composed of delegates
elected in accordance with this Constitution and applicable law and
which shall be held within 90 days prior to the International
Convention at which the International Union officers are elected. The
Canadian delegates shall not participate in the nomination or the
election of Vice Presidents or Executive Board Members, at the
Convention except for the Retired Member. All other Vice Presidents and
Executive Board Members (including the Retired Member) shall be
nominated and elected at large.
Section 2. These officers shall
constitute the International Executive Board, and their term of office
shall begin immediately following their election and they shall hold
office for four years or until their successors are duly elected and
qualify. (a). Each Vice President and Executive Board Member shall be
responsible for such duties as assigned by the International
President. (b). The International President may appoint an Executive
Committee from among the members of the International Executive Board.
The Executive Committee shall meet at the call of the International
President. The Executive Committee shall be charged with advising the
International President on how best to carry out the administrative
duties of his or her office, and with making recommendations to the
International Executive Board on policies and programs for the
International Union. The Executive Committee also may be delegated
specific functions and powers of the International Executive Board
under the Board’s authority in Article XI, Section 6 B. Minutes of all
meetings of the Executive Committee shall be kept by the International
Secretary-Treasurer, who shall render reports to the International
Executive Board.
Section 3. Each regular Convention of this
International Union shall also elect a Board of Auditors consisting of
eight members. The Board of Auditors shall examine and review the books
and accounts of the International Secretary-Treasurer once during each
six-month period, utilizing the assistance of Certified Public
Accountants designated by the International President. Such review of
the books and accounts of the International Secretary-Treasurer shall
include the books respecting all properties and facilities under the
custodianship of the International Secretary-Treasurer. A copy of such
semiannual reports of the Board of Auditors shall be submitted to the
International Executive Board. The Board of Auditors shall also give a
written report to the International Convention. In the event of the
unavailability or temporary disability of an Auditor, the remaining
Auditors shall perform the duties set forth herein. The Auditors shall
receive such per diem compensation and expense allowance as may be
fixed by the International Executive Board.
Section 4. No person
shall be eligible for office in this International Union who has not
been a member in continuous good standing for at least two years
immediately preceding his or her election in the International Union or
Local Unions chartered by this International Union or in any labor
organization which becomes affiliated with this International Union.
This requirement may be reduced by the International Executive Board to
no less than 60 days if necessary to expand eligibility for office to
members of organizations newly associated with the International Union
pursuant to Article XI, Section 6. In the case of the Retired Member
position on the International Executive Board, only retired members who
have been members in good standing for two years prior to the
Convention as either members, retired members or life members of the
Local Union shall be eligible to serve. No person who has been
convicted of a felony as defined in Section 504 of the Landrum-Griffin
Act (or an indictable offense in Canada) shall, in accordance with the
provisions of applicable law, be eligible to hold office in this
International Union.
Section 5. No more than two members from
any one local union, excluding those persons serving as full-time
officers of the International Union, may serve on the Executive Board
at the same time. This limitation shall be increased to five members
for any Local Union with more than 200,000 members.
Section 6.
Associate members, life members or those retired members paying less
than the full dues required for working members of their Local Union
shall not be eligible for nomination as an International officer,
except that such retired members may be eligible for the Retired Member
position on the International Executive Board.
Section 7. No
full-time officer of the International Union may receive compensation
of any kind, except for benefits paid by a pension plan, from any Local
Union or from any entity owned or controlled by a Local Union.
Section
8. The International President shall appoint a Retired Members Advisory
Committee which shall consist of leaders of local union retired members
groups and retired International Executive Board Members. It shall be
chaired by a retired member appointed by the International President.
Section
9. The future grant of emeritus status to an International officer
shall be limited to an individual who has been elected as International
President at no fewer than three international conventions. Such status
shall entitle the individual to be an honorary guest at the SEIU
International Convention and he/she may be appointed by the
International President as a delegate or alternate delegate on the SEIU
delegation to a national or international federation convention.
Additional assignments may be made by the International President, upon
mutual agreement.
Article XXIV
AMENDMENTS
This
Constitution and Bylaws may be amended by action of any regular
Convention of the International Union or Special Convention called for
that purpose. Amendments may be proposed at such Convention in the same
manner as is provided herein for the submission of Convention
resolutions. A majority of the Convention votes cast on such amendment
shall be necessary for adoption. Except as otherwise provided, all
amendments shall be effective immediately upon adoption by the
Convention.