SEIU 2020 Constitution and Bylaws
SEIU 2020 Constitution and Bylaws
SEIU 2020 Constitution and Bylaws
SEIU 2020
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CONTENTS
Article Page
Preamble............................................................................. 4
SEIU Mission Statement..................................................... 4
I Name................................................................................... 6
II Objects and Purposes.......................................................... 7
III Jurisdiction and Membership............................................. 8
IV Convention—Representation Therein.............................. 10
V Election of Officers............................................................ 15
VI Officers.............................................................................. 15
VII Filling Vacancies................................................................ 18
VIII International President—Duties and Powers................... 19
IX Duties of the International Secretary-Treasurer............... 24
X Duties of the Executive Vice Presidents........................... 25
XI Duties of the International Executive Board..................... 25
XII Strikes and Lockouts......................................................... 29
XIII Revenue............................................................................. 30
XIV Issuance of Charters......................................................... 34
XV Duties of Local Unions...................................................... 36
XVI Members’ Interests and Transfers.................................... 42
XVII Trials and Appeals............................................................. 43
XVIII Affiliations with Intermediate Bodies............................... 47
XIX Payments in Connection with Deaths of Members.......... 49
XX Pension Fund for Officers and Employees of
Local Unions and Affiliated Bodies............................... 49
XXI Local Enforcement of International Constitution.............. 53
XXII Nonliability of International Union................................... 53
XXIII Litigation........................................................................... 54
XXIV Amendments..................................................................... 55
XXV Dissolution........................................................................ 55
XXVI Savings Provision.............................................................. 56
Appendix A: SEIU Member Bill of Rights and
Responsibilities in the Union........................................ 56
Appendix B: SEIU Member Bill of Rights and
Responsibilities on the Job........................................... 57
Appendix C: Appendix C: SEIU Code of Ethics and
Conflict of Interest Policy.............................................. 58
Appendix D: Manual of Common Procedure..................... 73
4 CONSTITUTION AND BYLAWS
Article I
NAME
Name and This organization shall be known as the Service Employees
Organization International Union, affiliated with Change to Win and the Canadian
Labour Congress, and shall consist of an unlimited number of Local
Unions chartered by it, and the membership thereof, and such
SEIU 2020 7
Article II
OBJECTS AND PURPOSES
The objects and purposes of this International Union shall be to Goals of the
benefit its members and improve their conditions by every means, Union
including but not limited to:
A. By securing economic advantages, including better wages, Securing
hours and working conditions, through organization, collective economic
advantages
bargaining, legislative and political action, and the utilization of other
lawful means;
B. By organizing and uniting in this International Union all working Organizing and
men and women eligible for membership herein; uniting working
people
C. By engaging in all such civic, social, political, legal, economic,
cultural, educational, charitable, and other activities, whether Engaging in
on local, national, or international levels, as will advance this activities that
International Union’s standing in the community and in the labor advance union’s
standing in
movement and further the interests of this organization and its community and
membership, directly or indirectly; labor movement
D. By advancing and strengthening the rights of working men and
women to bargain collectively, and introducing innovative ways to Collective
carry out this work; bargaining
Article III
JURISDICTION AND MEMBERSHIP
Jurisdiction Section 1. The International Union shall be composed of and have
over Local Unions
jurisdiction over its affiliated bodies and all Local Unions composed
and affiliated
bodies of working men and women who are employed or engaged in any
phase of private, nonprofit or public employment, including without
limitation employees of colleges, schools or universities, public
employers (including cities, counties, states, provinces, territories,
commonwealths, governmental districts, federal agencies, and
multiple agencies or authorities and 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 companies
and all employees thereof, including clericals, technicians,
professionals, paraprofessionals and paramedicals, or those who are
engaged in maintenance, sales, servicing, protection or operation
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Special (c). With the approval of the International Union, Local Unions
categories of Local may establish different categories of membership and rates of dues
Union membership
authorized 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.
Resolution (d). Any dispute respecting membership or eligibility for
of membership membership shall be decided by the International President, with
disputes
the Local Union or the applicant having a right to appeal his or her
decision to the International Executive Board, in writing, within 10
days after notice of said decision is received.
Discrimination Section 4. No member shall discriminate or advocate
forbidden discrimination against any other member on the basis of race, creed,
color, religion, sex, gender expression, sexual orientation, national
origin, citizenship status, marital status, ancestry, age or disability.
Article IV
CONVENTION—REPRESENTATION THEREIN
International Section 1. The Convention of this International Union shall
conventions 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. If circumstances
outside of the International Union’s control would make it
impracticable, impossible or unsafe to convene the Convention, the
Emergency
provision
International Executive Board may postpone the Convention and/or
convene the Convention electronically or by other means consistent
with applicable law. In the event of a postponement, all officers and
members of the Board of Auditors shall remain in office until the
Convention convenes and successors are elected pursuant to this
Constitution and Bylaws.
Special Section 2. Special Conventions may be called upon order of the
conventions International Executive Board to convene at such time and place as
the Board may determine, and any and all business, including appeals
from suspensions and decisions of the International Executive Board,
may come before such Special Convention unless specifically limited
by the call. Notice of such call shall be given to each Local Union at
least 60 days prior to the date of the Special Convention along with
the number of delegates to which said Local Union is entitled. All
other provisions of this Article shall control all Special Conventions.
SEIU 2020 11
said Local Union is entitled, and shall furnish to the Local Union a Certification of
certification of delegation form containing the names of registered delegation forms
(credentials)
delegates to the Local Union and spaces for the signatures of the
President and Secretary of the Local Union.
Section 9. The certification of delegation form containing the Deadline for
receipt of
names of delegates to the International Convention and bearing the
credentials
signatures of the President and Secretary of the Local Union 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 name on a
certification of delegation form.
Section 10. In addition to the delegates selected in the manner Alternate
delegates
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 Membership
to do so; such alternates shall be selected or elected in the manner requirement
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 Protests of
any delegate or the right of any Local Union officer to serve as a delegate elections
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.
14 CONSTITUTION AND BYLAWS
Computation of Section 12. The number of votes which each Local Union shall be
voting strengths 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 regular monthly
per capita tax payments for members received by the International
Union, up to a maximum of twelve months. The computation of
voting strength shall not include associate members, life members
Exclusions from
or agency fee payers. Where there are two or more delegates in
voting strength attendance from one Local Union, the vote shall be divided equally
computation between them. In the case of a newly chartered local union created
as a result of a reorganization of members under Article XIV, the
International Executive Board shall determine the computation
of voting strength for the affected local unions in order that the
members are included in the voting strength of only one local union.
Credentials Section 13. The International President shall, before each
Committee
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.
Convention Section 14. All Resolutions to be acted upon by the Convention
resolutions 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.
Convention Section 15. Delegates representing one-fourth of the votes
quroum entitled to be cast at the Convention shall constitute a quorum for the
transaction of business.
Interim rules 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.
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Article V
ELECTION OF OFFICERS
Section 1. All nominations for International officers shall be Nomination
and election of
made in open Convention and elections shall be by roll call where
International Union
there is more than one candidate for any office. The roll call shall officers
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 No nonmember
support
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. Any member wishing to protest the election of Protests of
candidate
any International Officer pertaining to candidate eligibility or the eligibility or
manner in which the election was conducted must lodge a protest in manner of
conformity with the requirements of the Rules of the Convention. conducting election
Article VI
OFFICERS
Section 1. The officers of this International Union shall consist International
Union officers
of an International President, an International Secretary-Treasurer,
five full-time Executive Vice Presidents, 25 Vice Presidents (at least
two of whom shall be members of Canadian Local Unions), and 40
Executive Board Members (at least two of whom shall be members of
Canadian Local Unions and one of whom shall be a Retired Member).
16 CONSTITUTION AND BYLAWS
Board of Auditors shall examine and review the books and accounts
of the International Secretary-Treasurer at least once during each
twelve-month period, utilizing the assistance of Certified Public
Review books
Accountants designated by the International President. Such review and accounts,
of the books and accounts of the International Secretary-Treasurer reports to IEB and
shall include the books respecting all properties and facilities under Convention
the custodianship of the International Secretary-Treasurer. A copy of
such annual 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 Qualifications for
International Union
International Union who has not been a member in continuous
offices
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. Associate members, life members or those retired Exclusions
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 6. No full-time officer of the International Union may Multiple
receive compensation of any kind, except for benefits paid by compensation
barred
a pension plan, from any Local Union or from any entity owned
or controlled by a Local Union. Notwithstanding the foregoing,
18 CONSTITUTION AND BYLAWS
Article VII
FILLING VACANCIES
Filling officer In the event of a vacancy in the office of International President
vacancies by reason of death, resignation or otherwise, it shall be the duty
of the International Secretary-Treasurer, in addition to his or her
other duties, to assume the duties of International President. The
International Secretary-Treasurer shall serve in this capacity for a
President
period of not longer than 30 days during which time the International
Executive Board shall be convened for the purpose of filling the
vacancy for the unexpired term by majority vote. In the event of
a vacancy in the office of International Secretary-Treasurer by
reason of death, resignation or otherwise, it shall be the duty of
the International President, in addition to his or her other duties,
Secretary-
to assume the duties of International Secretary-Treasurer. The
Treasurer International President shall serve in this capacity for a period of not
longer than 60 days during which time the International Executive
Board shall be convened for the purpose of filling the vacancy for the
unexpired term by majority vote. In the event of a vacancy among
the Vice Presidents, or on the Board of Auditors, by reason of death,
SEIU 2020 19
Article VIII
INTERNATIONAL PRESIDENT—
DUTIES AND POWERS
Section 1(a). It shall be the duty of the International President to Presides at
preside at the Convention of the International Union and at meetings Conventions, IEB
meetings
of the International Executive Board, and conduct them in accordance
with parliamentary rules and in conformity with this Constitution. The Appoints
committees,
International President shall appoint all committees and boards and boards
be a member ex officio of all committees and boards.
(b). The International President shall have the deciding vote in Casts deciding vote
in case of tie
case of a tie on any question.
(c). The International President shall act to the best of his or her
ability in furthering the purposes and objects of the organization and
the interests of its members.
20 CONSTITUTION AND BYLAWS
Supervises (d). The International President shall have general supervision and
and directs direction over the affairs of the International Union. The International
Union affairs
President shall be authorized to call and make arrangements for
such meetings, seminars and conferences as he or she may deem
necessary; and shall direct all departments, functions and programs
of the International Union.
(e). The International President shall have general supervision
Supervises and
directs organizing and direction of the organizing efforts of this International Union.
efforts The International President shall have power to appoint organizers,
representatives, coordinators and organizing committees and to make
such loans or grant such subsidies to Local Unions and affiliated
bodies as he or she deems necessary.
Authority for (f). Consistent with the programs and policies adopted by the
collective bargainig SEIU Convention delegates, the International President shall be
empowered to negotiate and enter into national, regional, or
areawide collective bargaining agreements, including company-
wide or multi-employer agreements, and to coordinate activities
toward this end in consultation with the Local Unions involved, and
Coordinated is authorized to require and direct coordinated bargaining among
bargaining Local Unions. An industry division of the International Union also
process
may recommend to the International President situations in which
coordinated bargaining is warranted or where a comprehensive
unionwide strategy of employer relations is needed for key strategic
global, national or regional employers. Accordingly, the industry
Bargaining divisions shall develop a process to identify such circumstances
committees and in each case, the proposed structure for carrying out the
decisionmaking (including membership authorization for strike action
and membership voting on contract ratification), and the financing of
the bargaining process itself. The division’s recommendation shall
address whether there is a need for the delegation of bargaining
authority to the International Union or to a national or regional
bargaining committee, appointed by the International President. The
affected locals shall pay for the expenses of their participation after
their input into the elements of such financing.
Authority to (g). The International President shall be empowered to
employ staff employ necessary staff and retain counsel, accountants and
other professional personnel as he or she may require to assist in
the duties of the office and to fix their compensation. He or she
shall be empowered to fix the compensation of the International
International Executive Vice Presidents. With respect to the office of International
officer salaries Vice President and International Executive Board member, the
SEIU 2020 21
the International Executive Board to carry out the goals set by the
International Convention.
Officer Section 8. The International President shall have power to call
assistance upon any and all officers for assistance and advice when the occasion
demands or requires it.
Duty to report Section 9. The International President shall make a full report to
each International Convention and at Executive Board meetings.
Article IX
DUTIES OF INTERNATIONAL
SECRETARY-TREASURER
Record of Section 1. The International Secretary-Treasurer shall keep a
proceedings correct record of all the proceedings of the International Convention
and of the International Executive Board.
Safeguarding Section 2. The International Secretary-Treasurer shall receive
money and collect all moneys due to the International Union, which shall be
deposited in such banks as may be designated by the International
Executive Board.
Charter Section 3. The International Secretary-Treasurer shall conduct
applications all official correspondence, receive all applications for charters,
countersign and issue charters as may be granted, and have charge
of the official seal.
Expenditures Section 4. The International Secretary-Treasurer shall draw and
sign or authorize the signing of all checks covering expenditures of
the International Union, upon the co-signature or approval of the
International President.
Membership Section 5. The International Secretary-Treasurer shall maintain
records records of the membership of the International Union and shall report
to the International President and the International Executive Board
as required.
Convention Section 6. The International Secretary-Treasurer shall make a full
reports report of all matters relating to his or her office to each International
Convention.
Obligation to Section 7. The International Secretary-Treasurer shall, at the end
successor of his or her term of office, turn over to his or her successor in office
all books, moneys, property and other belongings of the International
Union.
SEIU 2020 25
Section 8. The books and records of the International Secretary- Officer inspection
Treasurer shall be open for inspection by the officers of the of books
International Union.
Section 9. The International Secretary-Treasurer shall keep Maintenance
all records pertaining to income, disbursements, and financial of Union records
transactions of any kind for a period of at least six years, or longer if
required by applicable law.
Article X
DUTIES OF THE
EXECUTIVE VICE PRESIDENTS
Section 1. The International Executive Vice Presidents shall work Supervision by
President
under the supervision of the International President.
Section 2. The International Executive Vice Presidents shall Duties assigned
by President
perform such duties as are assigned to him or her by the International
President.
Article XI
DUTIES OF THE
INTERNATIONAL EXECUTIVE BOARD
Section 1. The International Executive Board shall hold sessions Meeting
at least two times within each year. The meetings of the International requirement
Executive Board shall be upon the call of the International President
at times and places which, in his or her judgment, best serve the
needs of the International Union. Whenever a majority of the Majority
International Executive Board requests the International President to may initiate
meeting
call a meeting thereof, it shall be mandatory upon him or her to do
so. A meeting of the International Executive Board may be held by
telephone or video conference at the discretion of the International
President. All necessary expenses for such meetings shall be paid
by the International Union. The International Executive Board shall
have power to transact all business of the International Union
between Conventions. A majority of the members of the International Quorum
Executive Board shall constitute a quorum for the transaction of its
business.
Section 2. The International Secretary-Treasurer shall notify Notification to
Local Unions
all Local Unions and affiliated bodies of the time and place of
26 CONSTITUTION AND BYLAWS
be thereby effectuated for such prices and upon such terms and
conditions or for such consideration as the Board in its discretion
determines;
Authority to H. Obtain loans from any banks, firms, corporations or institutions,
borrow
upon such terms and conditions as the Board shall determine, and for
the sums so borrowed, issue its promissory notes or other evidence
of indebtedness;
Mortgages I. Enter into, issue and create, effectuate and terminate such
and trusts
mortgages, deeds, trust agreements, and negotiable instruments,
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;
Affiliating J. Affiliate this International Union or otherwise enter into or
with other
discontinue a relationship with such organizations and bodies, local,
organizations
national and international, as the Board believes will effectuate the
objects and purposes of this International Union and the interests of
its members;
Bringing other K. Affiliate to this International Union by merger, partnership,
labor organizations alliance, consolidation, charter or otherwise any existing labor
into SEIU
organization or other organization as the Board may approve and
in connection therewith may grant to such labor organization until
the next International Convention such executive positions and/or
Waiving
constitutional
representation on the International Executive Board in the form of
provisions additional Vice Presidents and Executive Board Members in excess
of the total number provided in Article VI, Section 1. The terms and
conditions of such relationships, including affiliations, partnerships,
alliances, mergers, or consolidations may include waiver of other
provisions of this Constitution for such periods of time as shall be set
forth in the agreement;
Local Union L. Decide questions of jurisdiction relating to Local Unions and
jurisdiction other bodies affiliated to the International Union, and conclude
organizational and jurisdictional agreements with other labor
organizations;
Authority M. Make such loans, either direct or indirect, whether to
to lend individuals or organizations, as are lawful and not inconsistent with
this Constitution, with such security and with such arrangement
for repayment as the Board may deem appropriate, and as the
Board considers will effectuate the purposes and objects of this
International Union and the interests of its members;
SEIU 2020 29
Article XII
STRIKES AND LOCKOUTS
No Local Union or affiliated body shall strike without previous Strike notification
notification to the International President, or, where prior notice requirement
is not practicable, without notification as soon as possible after
commencement of the strike, in which notice the Local Union or
affiliated body has stated that it has complied with all applicable
notice requirements. If the Local Union or the affiliated body fails to
30 CONSTITUTION AND BYLAWS
Article XIII
REVENUE
Per capita Section 1(a). The revenue of this International Union shall be
taxes derived from per capita tax, initiation fees, charter fees, assessments
or from any other source that the International Executive Board may
determine.
The per capita tax from Local Unions shall continue to be $7.65
per member per month on all dues received by the Local Union.
Retired, For a retired member, associate member or organizing committee
associate and member paying less than the full dues required for working members
organizing
committee of his or her Local Union, the per capita shall be $1.00 per month.
members The International Union shall not set aside any segregated funds
from per capita tax payments received from Local Unions on behalf of
retired, associate or organizing committee members.
Per capita tax Upon the recommendation of the International President, the
for retired International Executive Board shall have the authority to adjust
and associate
members the per capita tax required from Local Unions (i) for nonworking
members, including retired members and associate members;
provided, however, that notwithstanding the provisions of Article XV,
Life Members granted such status pursuant to this Constitution on
or before May 1, 2000, shall have no continuing dues obligations,
but they shall nonetheless be eligible to enjoy all the benefits and
privileges of retired members in the International Union, including
continued participation in the International Union’s Death Gratuity
Program if otherwise eligible; and (ii) that are affiliated with another
international union.
Political fund (b). An amount of money which shall be determined annually by
the International Executive Board shall be set aside from the per
capita tax and shall be expended by the International Union directly
or indirectly for political education and political action purposes, but
solely in accordance with the provisions of applicable law.
SEIU 2020 31
(c). For 2012, the International Union shall continue to set aside Strike and
out of the per capita tax, the sum of 40 cents per member per month Defense Fund
on all monthly dues received by the Local Union as a Strike and
Defense Fund to aid Local Unions engaged in authorized strikes,
in defending against lockouts, and in defending the integrity and
welfare of the Local Union, as defined under criteria established by
the International Secretary-Treasurer, and shall credit each Local
Union with the amount which such Local Union has paid into the
Strike and Defense Fund. 25 cents of the 40 cents shall be used by
the International Union to maintain current programs and support the
implementation of the 2012 Convention program.
Beginning January 1, 2013, the International Union shall use Use of Strike
from the per capita tax the sum of 40 cents per member per month and Defense
Fund to support
on all monthly dues received by the Local Union in the Strike and International
Defense Fund for the purpose of maintaining a fund to support the program
International Union’s program to elect and hold accountable national
public officials for a pro-working family agenda.
Such moneys shall not be used from or set aside out of per
capita tax payments received from Local Unions on behalf of retired,
associate, or organizing committee members.
Prior to January 1, 2013, a Local Union may request approval from
the International Secretary-Treasurer to substitute an alternative
payment plan for the 25 cents. This plan may include the option for
the International Union to retain funds that would otherwise be paid
back to the local union under Article XV, Section 18.
For any amounts accumulated in the Fund prior to January Withdrawals
1, 2013, subject to the criteria established by the International from Strike and
Defense Fund
Secretary-Treasurer, a Local Union may after no less than one year
of contributions draw on the Strike and Defense Fund, or from such
other funds of the International Union as shall be determined by the
International Executive Board, to the extent of the total unexpended
funds remaining to its credit, plus an additional sum equal to the
amount set aside out of its required payments in the preceding
12 months. Once such an additional payment has been drawn by
the Local Union, no further payment shall be made to the Local
Union pursuant to this Section. The International Executive Board
is authorized to direct that a Local Union’s 2012 contributions to
the Strike and Defense Fund be used to satisfy the Local Union’s
outstanding financial liability to the International Union or, pursuant
to a decision of the International Executive Board after appropriate
32 CONSTITUTION AND BYLAWS
Article XIV
ISSUANCE OF CHARTERS
Application for Section 1. Twenty-five or more persons within the jurisdiction
charter of this International Union may apply to the International Secretary-
SEIU 2020 35
Article XV
DUTIES OF LOCAL UNIONS
Bonding of Section 1. All Local Unions and affiliated bodies shall secure
Locals
and maintain surety bonds in the amounts and the form required by
applicable statutes. The International Secretary-Treasurer may direct
an increase in the amount of any bond whenever he or she deems it
necessary and advisable and may direct bonding by any Local Union
not required by statute to secure a bond.
Eligibility Section 2. No person shall be eligible for nomination as an
requirements officer, member of the Executive Board, delegate, or any other office
for Local officers
in a Local Union who has not been a member in continuous good
standing in the Local Union for at least two years immediately
preceding the nomination and has, during all of that time, paid the
full dues required for working members of the Local Union within
each month when due. Notwithstanding the above, a Local Union
may adopt a Local Union bylaw that reduces this continuous good
standing requirement from two years to no less than six months.
No person who has been convicted of a felony as defined in Section
504 of the Landrum-Griffin Act (or indictable offense in Canada)
shall in accordance with the provisions of applicable law be eligible
Waiver for nomination under the terms of this Section. If the Local Union
of eligibility has been chartered less than two years, the required period of
requirements continuous good standing shall be the entire time that the Local
Union has been chartered. The International President may waive
the foregoing requirements for good cause shown. Any Local Union
may provide in its Constitution and Bylaws for further limitations
upon eligibility for nomination, provided such provisions are approved
by the International Union. Upon the request of a Local Union
Executive Board, the International President may waive Local Union
eligibility requirements for good cause shown. Associate members,
life members, and those retired members paying less than the full
dues required for working members of the Local Union shall not
be eligible for nomination as an officer, member of the Executive
Board, delegate, or any other office in the Local Union. Proxy voting
shall not be permitted in any election for an officer, member of the
Proxies,
Executive Board, delegate or any other office in the Local Union.
write-ins Write-in candidates shall not be permitted in any election for an
prohibited officer, member of the Executive Board, delegate or any other office
in the Local Union, except if expressly approved by the International
President upon request of the Local Union Executive Board.
SEIU 2020 37
Dues receipt Section 10. Each member shall be entitled to receive a proper
receipt or acknowledgement for any payment of dues.
Withdrawal Section 11. Any Local Union may order that withdrawal cards be
cards taken out by members working outside the trade or jurisdiction of the
Local Union.
Notification Section 12. The International Union shall be notified in writing
of collective when any collective bargaining negotiations or memoranda of
bargaining
agreements understanding have been concluded and be advised of the number
of employees covered and the expiration date of the contract. For
the purpose of maintaining a file, and for informational uses, copies
of collective bargaining agreements and contracts entered into by a
Local Union shall, after signing, be sent to the Research Department
of the International Union. Such notification to or filing with the
International Union shall not operate to impose any liability on the
International Union or its officers or to make them parties to any such
collective agreement or memorandum of understanding.
Permission Section 13. No Local Union or affiliated body or any subdivision
to conduct thereof, or member or group of members, including Councils,
fundraising
Conferences, leagues, clubs or any association composed of
members of this International Union, or subdivision thereof, shall
in any manner, directly or indirectly, use, exploit, or trade upon the
name of this International Union, or Local Union or affiliated body or
any similar name or designation, nor in the name of this International
Union or Local Union, or affiliated body, levy or collect any tax,
dues, or other moneys, nor in the name of this International Union
or Local Union, or affiliated body, conduct any affair or other activity
for the purpose of raising funds, including programs or soliciting
advertisements in any publication, either directly or indirectly,
without first obtaining written permission from the International
President.
Authority to All of the aforesaid matters covered by this Section, including
audit without limitation funds, solicitations, gifts, and donations collected
in the name of this International Union, or Local Union, or affiliated
body, shall at all times be subject to audit by this International Union,
and all books, records and documents pertaining to matters covered
by this Section shall be available for inspection, copying and audit by
this International Union.
The International President shall have authority to formulate such
rules and regulations as he or she deems necessary and proper to
carry out the purpose of this Section.
SEIU 2020 41
Section 14. The Executive Board of each Local Union shall Local Union
appoint such committees as it deems necessary to carry out committees
the organizing, political action, social and economic justice and
retiree programs and policies of this International Union. Where a
committee(s) is not appointed for a specific purpose, the Local Union
Executive Board shall serve in that capacity.
Section 15. No Local Union shall establish its own registered Local Unions shall
not establish
federal political committee or any political candidates fund for
federal PACs
contributions in connection with federal elections, provided, however,
that the International President may in his or her discretion waive this
provision or establish such conditions as the International President
may deem necessary.
Section 16. (a). Every Local Union shall continue to implement Local Union 20%
organizing budget
an annual local union organizing budget equivalent to 20 percent of
the local’s budget (after payment of all per capita tax obligations),
to be spent consistent with the principles and plan of the applicable
industry division of the International Union. Each industry division
shall submit its principles and plan for approval by the International
Executive Board on an annual basis.
(b). Every Local Union shall establish a separate account or Separate
accounting for the money that comprises its annual organizing organizing account
budget.
(c). In the event that the applicable industry division of the International
review of use of
International Union believes that a Local Union has failed, without organizing budget
good cause, to implement this 20 percent organizing budget
commitment or to spend the Local Union’s organizing budget
consistent with the unionwide strategic unity plan and/or division
plan, it may refer the matter to the International Secretary-
Treasurer for a review of the Local Union’s organizing account
and expenditures. If the review reveals that the Local Union is not
implementing its organizing budget as obligated under this provision,
the Secretary-Treasurer may direct that only certain planned
expenditures may continue to be made by the Local Union from its
organizing account until the division and Local Union mutually agree
upon a broader resolution of the matter pursuant to an expedited
procedure established by the International Secretary-Treasurer.
(d). If no agreement is reached, the applicable division may Hearing on
refer the matter to the International President who may designate organizing budget
the matter for hearing before a hearing officer appointed by the
International Executive Board. Based on the hearing officer’s report,
42 CONSTITUTION AND BYLAWS
the International Executive Board may order the Local Union to pay
all or a portion of the organizing account and the local union’s next
annual organizing budget to an organizing campaign(s) identified in
the national plan for that particular division.
Performance Section 17. Industry Divisions of the International Union may
standards
establish additional Local Union performance and accountability
standards to ensure that Local Unions implement the democratically
and lawfully established policies of the Industry Divisions, subject to
their approval by the International Executive Board.
C.O.P.E. Section 18 (a). Every U.S. Local Union shall contribute an annual
contributions
amount equivalent to at least $6.00 per member per year, or as
determined annually by the International Executive Board, to support
the overall SEIU political education and action program. This annual
SEIU C.O.P.E. fund-raising obligation may be satisfied by voluntary
member contributions to SEIU C.O.P.E. or a designated organization
approved by the International President or a combination thereof. All
contributions to SEIU C.O.P.E. collected by local unions shall be sent
to SEIU C.O.P.E. Any contributions in excess of $6.00 per member
per year or such other amount as determined by the International
Executive Board shall be returned to the Local Union for its political
program. If a Local Union fails to meet its annual SEIU C.O.P.E.
fund-raising obligation, it shall contribute an amount in Local Union
funds equal to the deficiency plus 50 percent, or such other amount
determined by the International Executive Board, to support the
overall SEIU political education and action program.
C.O.P.E. 20% (b). A goal of every Local Union shall be to enroll and maintain
goal at least 20 percent of its members as voluntary participants in an
employer check-off or regular deduction program assigned to SEIU
C.O.P.E. or to an organization approved by the International President.
Article XVI
MEMBERS’ INTERESTS AND TRANSFERS
Members’ Section 1. No member of this International Union shall injure
interests the interests of another member by undermining such member in
safeguarded
connection with wages or financial status or by any other act, direct
or indirect, which would wrongfully jeopardize a member’s office or
standing.
Transfers from Local Section 2. Any member may transfer from one Local Union to
Union to Local Union another within this International Union, subject to the approval of the
SEIU 2020 43
Local Union into which such member seeks admission, provided there
shall be no interruption of continuous payment of monthly dues if
continuous good standing is to be maintained or upon presentation of
a current withdrawal card.
Article XVII
TRIALS AND APPEALS
PREAMBLE. In order to ensure members’ protection from the
filing of frivolous charges, the following procedures shall apply:
Section 1. Local Unions, their officers or members, and officers Bases for charges
of any affiliated body, and officers of the International Union, as the against Locals,
officers, and
case may be, may be charged with: members
(Whenever used in this Article, the term “Local Union” shall
include any affiliated body or Local Union chartered by this
International Union.)
(1) Violation of any specific provision of this Constitution or of the
Constitution and Bylaws of the Local Union;
(2) Violation of an oath of office;
(3) Gross disloyalty or conduct unbecoming a member;
(4) If an officer, gross inefficiency which might hinder and impair
the interests of the International Union or the Local Union;
(5) Financial malpractice;
(6) Engaging in corrupt or unethical practices or racketeering;
(7) Advocating or engaging in dual unionism, including but not
limited to aiding a rival labor organization, or secession in violation of
Article XXV;
(8) Violation of democratically and lawfully established rules,
regulations, policies or practices of the International Union or of
the Local Union, including democratically and lawfully established
rules, regulations, policies and practices of the International Union’s
Industry Divisions, subject to their approval by the International
Executive Board.
(9) The wrongful taking or retaining of any money, books, papers
or any other property belonging to the International Union or Local
Union; or the wrongful destruction, mutilation or erasure of any
44 CONSTITUTION AND BYLAWS
Convention itself only with the consent of the Convention. The action
of the Convention on all appeals shall be final and binding.
Section 8. Subject to the provisions of applicable statutes, every Obligation
to exhaust
Local Union or member or officer thereof or officer of the International
remedies
Union against whom charges have been preferred and disciplinary
action taken as a result thereof or who claims to be aggrieved as a
result of adverse rulings or decisions rendered, agrees, as a condition
of membership or affiliation and the continuation of membership or
affiliation, to exhaust all remedies provided for in the Constitution
and Bylaws of the International Union and the Local Union and
further agrees not to file or prosecute any action in any court, tribunal
or other agency until those remedies have been exhausted.
Section 9. The SEIU Member Bill of Rights and Responsibilities Exclusive
enforcement
in the Union shall be enforced exclusively through the procedures
of Member Bill
provided in this Article and any decision rendered pursuant to the of Rights and
procedures provided for herein, including any appeals, shall be final Responsibilities
and binding on all parties and not subject to judicial review.
Article XVIII
AFFILIATIONS WITH INTERMEDIATE BODIES
Section 1. Local Unions shall affiliate with local, regional, Local Union
national or international bodies, where such exist, under rules to be obligation to
affiliate
established by the International Executive Board. The International
President may in his or her discretion waive this requirement for
individual Locals for good cause.
Section 2. The International Executive Board shall from time to Establishment
time establish intermediate bodies including, but not limited to, State of intermediate
bodies
and Provincial Councils, and Canadian Regional Conferences as well
as other bodies, when in its judgment such bodies are necessary
to further the aims of the International Union and the interests of
Local Unions. The International Executive Board shall establish the
jurisdiction of such bodies, and shall issue rules prescribing the
activities and financing of such bodies. For administrative purposes
of collection and distribution, the International Executive Board may
require Local Unions to forward to the International Union per capita
tax payments or other financial obligations owed by the Local Union
to affiliated bodies or entities. Upon receipt, the International Union
shall forward such payments to the applicable affiliated body or
entity.
48 CONSTITUTION AND BYLAWS
Article XIX
PAYMENTS IN CONNECTION WITH
DEATHS OF MEMBERS
For members of any Local Union who were in good standing in Death gratuities
connection with this Article XIX on September 1, 1984, the Service
Employees International Union Death Gratuity Program, as amended
effective September 1, 1984, shall be maintained in effect for those
members who meet the eligibility and participation requirements set
forth in such amended Program. When the International Executive
Board in its discretion determines that it is necessary or advisable to
abolish, curtail or limit any payments provided for in the Program or
to amend or modify any provisions governing such payments, it shall
have authority to do so. The International Union shall notify each
Local Union 60 days before the effective date of any changes in the
provisions of the Program.
Article XX
PENSION FUND FOR OFFICERS AND EMPLOYEES OF
LOCAL UNIONS AND AFFILIATED BODIES
Section 1. The Pension Fund known as the “SEIU Affiliates’ Maintenance of
Officers and Employees Pension Fund,” heretofore established pension fund
pursuant to mandate of this Constitution and existing by virtue of a
Trust Agreement entered into between the International Executive
Board and the Trustees shall continue to be maintained in accordance
50 CONSTITUTION AND BYLAWS
with the terms of said Trust Agreement. The SEIU Affiliates’ Officers
and Employees Pension Fund shall be divided into two distinct
sections, the United States Section and the Canadian Section.
Pension Section 2. The International Union shall be the “Plan Sponsor” as
sponsor that term is defined in the Employee Retirement Income Security Act
of 1974.
Executive Section 3. The International Executive Board shall have the
Board authority power to:
Designate (a). Designate the number and appoint all of the individual
pension trustees Trustees of the Pension Fund; and to remove any such Trustee
and to fill any vacancy as may exist from time to time; provided,
however, that at least two Trustees shall be officers or employees
of Local Unions and at least two Trustees shall be members of the
International Executive Board; and provided further that there shall be
no less than the number of Canadian Trustees required by Canadian
law.
Agreements (b). On behalf of the International Union, enter into agreements
to amend with the Trustees to amend the Trust Agreement in such manner as it
may deem necessary or desirable.
Local (c). Upon recommendation of the Trustees of the Pension Fund,
waivers waive participation in, or payments in whole or in part to, the Pension
Fund by any Local Union, or affiliated body, upon a finding that
contributions are not advisable or are not necessary or required, and
upon such terms as the International Executive Board may require,
including directing that participating Local Unions remit the amount
waived directly to the International for such purposes as the Board
deems appropriate and
Waivers (d). Waive, in whole or in part, or increase the payments required
upon by Section 8 of this Article XX, upon the merger or affiliation of any
merger or
affiliation labor organization or Local Union with the International Union or any
of its Local Unions, upon a finding that such action is necessary or
required.
Pension Section 4. The Trustees of the Pension Fund shall be the “Named
fiduciaries Fiduciaries” as that term is defined in the Employee Retirement
Income Security Act of 1974.
Pension plan Section 5. The Trustees shall be and the same are hereby
regulations empowered to adopt a Pension Plan or Plans and Rules and
Regulations for the administration thereof which they deem
appropriate, provided, however, that such Plan or Plans and Rules and
SEIU 2020 51
Pension Plan (c). To make all necessary amendments to the Pension Plan or
amendments Plans as may be required to render the Pension Trust Fund qualified
and tax exempt under applicable provisions of the Internal Revenue
Code and the Income Tax Act (Canada) or which may be deemed by
them to be necessary to conform the Pension Plan or Plans and Trust
Fund to all other applicable laws.
Exceptions (d). To provide exceptions from coverage in the case of officers
from coverage or employees who are entitled to be covered under an employee
pension benefit plan maintained by a public employer or public utility,
under such uniform and nondiscriminatory rules as the Board of
Trustees may establish, for the purpose of preventing duplication of
pension coverage or benefits for such persons, if such exceptions do
not conflict with applicable law or adversely affect the tax exempt
status of the Pension Plan or Trust.
Changing (e). To increase or decrease the payments required by Section 8 of
payments
Article XX as permitted by law.
General (f). To take all such steps as they deem necessary to effectuate
authority the purposes of this Article XX and to protect the rights and interests
of the participants of the Pension Fund.
Safeguarding Section 7. The Trustees shall keep all assets of the Pension Fund
of assets separate and distinct from all other revenue and income received
by the International Union; shall transfer said Pension Fund assets
to Corporate Trustee(s) or Corporate Custodian(s) which they may
appoint; may remove any such Corporate Trustee(s) or Corporate
Custodian(s) and appoint a successor; and may pay the fees of such
Corporate Trustee(s) or Corporate Custodian(s) from the Pension Fund.
Pension Section 8(a). Subject to any changes and amendments made by
contributions the International Executive Board or the Trustees pursuant to their
authority set forth herein, each Local Union and affiliated body within
the United States shall pay to the Pension Fund an amount equal
to 14 percent of the gross monthly compensation of each eligible
officer and employee, and each Local Union and affiliated body within
Canada shall pay to the Pension Fund an amount equal to 14 percent
of the gross monthly compensation of each eligible officer and
employee.
Time of (b). The contribution provided for above shall be paid to the
contribution to Pension Fund before the end of the month following the month in
Pension Fund
which the eligible officer or employee receives any compensation
on which a pension contribution is payable. Contributions shall
SEIU 2020 53
Article XXI
LOCAL ENFORCEMENT OF INTERNATIONAL
CONSTITUTION
Any Local Union or affiliated body willfully neglecting to enforce Obligation
the provisions of this Constitution and Bylaws shall be subject to to enforce
Constitution
suspension or revocation of its charter or such other sanctions as may
be determined by the International President.
Article XXII
NONLIABILITY OF INTERNATIONAL UNION
Except as is otherwise specifically provided in this Constitution, Lack of
no Local Union, or affiliated body, nor any officer, employee, authorization
to obligate
organizer or representative of a Local Union or affiliated body or International
of this International Union shall be authorized to make contracts
or incur liabilities for or in the name of the International Union
unless authorized in writing by the International President and the
International Secretary-Treasurer, or the International Executive
Board.
54 CONSTITUTION AND BYLAWS
Article XXIII
LITIGATION
Obligation A. Subject to applicable law, no member, Local Union or affiliated
to exhaust body shall bring any action against the International Union or any
procedural
remedies
other Local Union or affiliated body or any officers thereof, with
respect to any matter arising out of the affairs of the International
Union or its Local Unions or affiliated bodies unless he or she has
exhausted all procedures available under this Constitution and
the laws promulgated thereunder. Any member, or Local Union or
affiliated body, filing suit in violation of this provision may, in addition
to other penalties, be ordered to reimburse the organization or
officers sued for the costs and attorneys’ fees expended, or a portion
thereof.
Authority to B. The International Union is authorized upon affirmative vote of
defend the International Executive Board to pay all expenses for investigation
services, employment of counsel and other necessary expenditures
in any cause, matter, case or cases where an International Union
officer, representative, employee, agent or one alleged to have acted
on behalf of the International Union is charged with any violation or
violations of any law or is sued in any civil actions with respect to
any matter arising out of his or her official duties on behalf of the
International Union, except if such officer, representative, employee
or agent is charged with a breach of trust to the International Union,
or any affiliate or member thereof, in which event he or she may be
indemnified only if the action is terminated favorably to him or her.
Limitation C. Neither the International Union nor any of its officers shall be
of International responsible or liable for the wrongful or unlawful acts of any Local
liability
Union or affiliated body or officers, members, or agents thereof,
except where the International Union or its officers have actually
participated in or actually authorized such acts, or have ratified such
acts after actual knowledge thereof.
Service of D. Only the elected officers of the International Union are
process
authorized to be its agents for service of process. General organizers,
staff members and employees of the International Union and the
officers and employees of subordinate bodies are not authorized to
be agents of the International Union for service of process under any
circumstances.
SEIU 2020 55
Article XXIV
AMENDMENTS
This Constitution and Bylaws may be amended by action of any Amendment
regular Convention of the International Union or Special Convention procedure
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.
Article XXV
DISSOLUTION
Section 1. This International Union cannot dissolve while there Dissolution
are seven dissenting Locals. No Local Union, provisional local or procedure
organizing committee can dissolve, secede or disaffiliate while
there are seven dissenting members; no other affiliated bodies
can dissolve, secede or disaffiliate while there are two dissenting
Local Unions. The International Union shall be notified by registered
or certified mail of any meeting, scheduled by a Local Union or
affiliated body for the purpose of taking a vote on disaffiliation from Disaffiliation
the International Union at least 60 days prior to the date of such vote
scheduled meeting, and a representative of the International Union
shall be afforded an opportunity to speak at such meeting. The
International President shall direct whether the membership vote
shall be conducted by secret ballot at a membership meeting and/
or by mail referendum, and, if appropriate, a separate method by
which dissenting Local Unions or members may assert their dissent.
The vote shall be counted by an independent neutral party. In the
event of secession, dissolution or disaffiliation, all properties, funds Reversion of
and assets, both real and personal, of such Local Union or affiliated property, funds
body shall become the property of the International Union. Under no
circumstances shall any Local Union or affiliated body distribute its
funds, assets or properties individually among its membership.
Section 2. Except as may be expressly permitted under an No officer
affiliation agreement or approved by the International Union, no support
officer of a local union or affiliated body shall support or assist any
efforts to dissolve, secede or disaffiliate from the International
Union. Except for these two limited circumstances, the International
56 APPENDIXES
Article XXVI
SAVINGS PROVISION
If any provision of this Constitution shall be modified or declared
Executive invalid or inoperative by any competent authority of the executive,
Board authority judicial or administrative branch of a state, provincial or federal
government, including, but not limited to, any provision concerning
dues or per capita tax, the Executive Board shall have the authority
to suspend the operation of such provision during the period of its
invalidity or modification and to substitute in its place and stead a
provision which will meet the objections to its validity and which will
be in accord with the intent and purposes of the invalid or modified
provision. In the case of a challenge to a dues or per capita tax
provision, this authority shall also apply in the event the Executive
Board determines that such actions are necessary at an earlier
stage of judicial or administrative proceedings in order to ensure
the effective implementation of the intent of the Constitutional
provision at issue. If any Article or Section of this Constitution should
be modified or held invalid by operation of law or by any tribunal
of competent jurisdiction, the remainder of this Constitution or the
application of such Article or Section to persons or circumstances,
other than those as to which it has been held invalid or modified,
shall not be affected thereby.
(a) The assets and funds of a labor organization are held in trust
for the benefit of the membership. Members are entitled
to assurance that those assets and funds are expended for
proper and appropriate purposes. The Union shall conduct
its proprietary functions, including all contracts for purchase
or sale or for the provision of significant services, in a
manner consistent with this Code. All officers, executive
board members and employees of SEIU and SEIU Affiliates,
whether elected or appointed, have a trust and high fiduciary Fiduciary duty
duty to honestly and faithfully serve the best interests of the
membership.
62 APPENDIXES
Family
PART E: FAMILY AND PERSONAL RELATIONSHIPS
and Personal Section 11. Purpose of Rules Governing Family and Personal
Relationships
Relationships. SEIU does not prohibit the employment of qualified
relatives of current officers or employees, or of individuals with
whom an officer or employee has a romantic or intimate personal
relationship. SEIU also does not prohibit the retention of qualified
vendors that employ relatives of current SEIU officers or employees
or individuals with whom an officer or employee has a personal
relationship.
However, SEIU recognizes that the existence of such relationships
can lead to problems, including favoritism or the appearance of
favoritism toward relatives or those who are involved in a personal
relationship.
Giving these individuals special treatment – or creating the
impression that they receive special treatment – is inconsistent with
our principles of stewardship and accountability and with our duty to
responsibly conduct the business of SEIU. The provisions of this part
Purpose of
rules
are designed to ensure that family or personal relationships do not
influence professional interactions between the employees involved
and other officers, employees and third parties.
Section 12. Definitions. For purposes of this part:
Section 14. Ethics Officer. The office of the Ethics Officer is Ethics Officer
established to provide independent assistance to SEIU in the
implementation and enforcement of the Code. The Ethics Officer shall
be an individual of unimpeachable integrity and reputation, preferably
68 APPENDIXES
(a) Any covered individual or member may file a written complaint Submission
concerning alleged violations of the Code. Oral concerns and
complaints shall be reduced to writing for further processing
as a complaint. Complaints should be signed or contain the
name of the complainant(s), and shall be kept confidential
pursuant to Section 24. Complaints alleging violation of
the Code shall not be enforced under SEIU or Affiliate Enforcement
constitutions and bylaws unless they also allege violations of under
constitution
the constitutions and bylaws.
(b) The International Union shall post contact information for Contact
submission of ethics complaints on the SEIU website and shall information
provide that information on request.
(c) Each Affiliate shall provide its staff and membership with
contact information for its Ethics Liaison.
Section 18. Complaints Handled by the International Union. Complaint
handling,
Complaints alleging violation of the Code that are submitted to the
International
International Union or the Ethics Officer shall be referred initially
to the SEIU Ethics Ombudsperson. The Ethics Ombudsperson shall
review ethics complaints submitted to the International Union and
shall respond to them in his or her discretion, including but not
limited to providing advice or guidance, resolving them informally,
directing them to resources outside the ethics office, and referring
them to the Ethics Officer or Affiliate for further processing. The
individual submitting the complaint shall be notified of the status
of the complaint as appropriate in the discretion of the Ethics
Ombudsperson but in all events upon its conclusion.
70 APPENDIXES
MEMBERSHIP OBLIGATION
“I, (name) __________________, pledge upon my honor that I
will faithfully observe the Constitution and Bylaws of this Union and
of the Service Employees International Union.
“I agree to educate myself and other members in the history of the
labor movement and to defend to the best of my ability the principles
of trade unionism, and I will not knowingly wrong a member or see a
member wronged if it is in my power to prevent it.
“As an SEIU member, I will take responsibility for helping to
achieve the Union’s vision for a just society where all workers are
valued and people respected, where all families and communities
thrive, and where we leave a better and more equal world for
generations to come.”
PRESIDENT: “You are now members of the Service Employees
International Union.”
DEBATE
The following rules shall be used to govern debate unless the
Local Union has adopted its own rules or regulations:
Rule 1. The regular order of business may be suspended by a vote
of the meeting at any time to dispose of urgent business.
Rule 2. All motions (if required by the chair) or resignations must
be submitted in writing.
Rule 3. Any conversation, by whispering or otherwise, or any
other activity which is calculated to disturb or may have the effect
of disturbing a member while speaking or disturb the conduct of the
meeting or hinder the transaction of business shall be deemed a
violation of order.
Rule 4. Sectarian discussion shall not be permitted in the
meetings.
Rule 5. A motion to be entertained by the presiding officer must
be seconded, and the mover as well as seconder must rise and be
recognized by the chair.
Rule 6. Any member having made a motion can withdraw it
with consent of the seconder, but a motion once debated cannot be
withdrawn except by a majority vote.
Rule 7. A motion to amend an amendment shall be in order,
but no motion to amend an amendment to an amendment shall be
permitted.
Rule 8. A motion shall not be subject to debate until it has been
stated by the chair.
Rule 9. A member wishing to speak shall rise and respectfully
address the chair, and if recognized by the chair, he or she shall be
entitled to proceed.
Rule 10. If two or more members rise to speak, the chair shall
decide which is entitled to the floor.
Rule 11. Any member speaking shall be confined to the question
under debate and avoid all personal, indecorous or sarcastic
76 APPENDIXES
language.
Rule 12. Attending meetings under the influence of liquor or any
controlled substance not lawfully prescribed is basis for removal.
Rule 13. No member shall interrupt another while speaking,
except to a point of order, and the member shall definitely state the
point, and the chair shall decide the same without debate.
Rule 14. Any member who is called to order while speaking shall
be seated until the point of order is decided, after which, if decided in
order, such member may proceed.
Rule 15. Any member who feels personally aggrieved by a
decision of the chair may appeal such decision to the body.
Rule 16. When an appeal is made from the decision of the chair,
the Vice President shall act as chairperson; the appeal shall be stated
by the chair to the meeting in these words: “Shall the decision of the
chair be sustained as the decision of this Union?” The member will
then have the right to state the grounds of appeal and the chair will
give reasons for its decision; thereupon the members will proceed
to vote on the appeal without further debate, and it shall require a
majority vote to overrule the chair.
Rule 17. No member shall speak more than once on the same
subject until all who wish to speak have spoken, nor more than twice
without unanimous consent, nor more than five minutes at any one
time without consent of a two-thirds vote of all members present.
Rule 18. The presiding officer shall not speak on any subject
unless such officer retires from the chair, except on a point of order
or to make an official report or give such advice and counsel as the
interests of the organization warrant. In case of a tie the presiding
officer shall have the deciding vote.
Rule 19. When a question is before the meeting, no motion shall
be in order except:
1. To adjourn;
2. To lay the question on the table;
3. For the previous question;
4. To postpone to a given time;
5. To refer or commit;
6. To amend.
These motions shall have precedence in the above order. The first
three of these motions are not debatable.
SEIU 2020 77
ORDER OF BUSINESS
1. Opening.
2. Roll call of officers.
3. Reading of minutes of the previous meeting.
4. Applications for membership.
5. Initiation of new members.
6. Communications and bills.
7. Reports of officers, executive board and committees.
8. Unfinished business.
9. New business.
10. Good and welfare.
11. Adjournment.
SEIU 2020 79
Index
Affiliate’s Officers and Employees Pension Fund, 49-53
Amendements, 52
Contributions, and nonpayment, 52-53
Fiduciaries, 50
International Executive Board, 50
Liability, and indemnification, 53
Participants, 51
Plan sponsor, 50
Trustees, 50-52
Waiver, 50
Affiliated bodies, 7-9, 12, 15, 20-32, 34, 36-37, 40, 43, 48, 49-56, 60
Defined, 9
Affiliations, 8, 21, 28-29, 47-49, 50, 55-56
Agency and other fee procedures, 29
Amendments, to Constitution, 42
Appeals, 10, 21, 26, 32-33, 38, 43-47
Audit, authority to, 40
Auditors, Board of, 10, 16-17, 18-19, 21
Duties, 16-17
Election, 16-17
Vacancies, 18-19
Bargaining Committees, 20
Bill of Rights and Responsibilities in the Union, 47, 56-57
Enforcement, 47
Bill of Rights and Responsibilities on the Job, 57-58
Bonding, 22, 26, 36
Local unions, 36
Trusteeship, 22
80 INDEX
Special, 10
Voting, 11, 12-14
International Officers, 11
Retired members 12
Voting strength, 14
Coordinated bargaining process, 20
C.O.P.E., 30, 42
Executive Board, International, 9-11, 14, 15-17, 18-19, 21, 22, 23-24,
25-29, 30-35, 36, 38, 39, 40, 41-42, 43-49, 50-53, 54, 55-56
Affiliates’ Officers and Employees Pension Fund, 49-53
Affiliations, 28, 29, 47
Agency and other fee procedures, 29
Appeals, 21, 26, 43-47
Authority, 25-29
Bonding, 26
Charters, 35-36
Constitutional authority, 29
Delegation of powers, 16, 27
Duties, 18-19, 25-29
Eligibility for office, 17
Executive Committee, 16
Expenses, 22
Financial matters, 27-28
Grievances, right to present, 25-26
Initiation of meetings, 25
Jurisdiction, 28, 35
Legal action, 27, 54
Liability, 29, 40
Loans, 28
Meetings, 25
Mergers or consolidations, 28, 35
Notification to Local Unions, 25-26
Polling by International President, 26
Property, acquisition and disposal of, 27-28
Quorum, 25
Reports, 16, 17, 24
Retired Board Member, 15-16
86 INDEX
Exhaustion of remedies, 54
Limitation of liability, 29, 40, 53, 54
Non-liability, 53
Service of process, 54
Local Unions, 10, 11-12, 13, 14, 20, 21, 22, 24, 26, 28, 30, 31-
34, 35-42, 43, 47, 48, 49-53, 54, 55, 56, 60, 62
Audit, 34, 40
Bonding, 22, 26, 36
Charter, 21, 30, 34-35, 53
Charter revocation, 22, 24, 33, 34
Collective bargaining agreements, 20, 22, 40, 60
Committees, 41
Consolidation, 28, 35
Constitution, 37
Approval by International Union, 37
International Constitution prevails in dispute, 37
C.O.P.E. requirements, 42
Delegates to International Convention, 11-12, 13
Alternate delegates, 13
Eligibility, 11
Protests of delegate elections, 13
Dissolution, 55-56
Duties, 32, 33-34, 36-42
Average Wage Reporting, 34
C.O.P.E., 42
New Strength Unity Fund, 32
Reporting, 33-34
Election of officers, see Elections
Eligibility for officers, 36
Eligibility for membership, see Eligibility
SEIU 2020 89
Vacancies, 18-19, 27
Order of business, 14, 75, 78
Organizing, 7-9, 20, 30-31, 35, 37, 39, 41-42, 55, 57, 74
Account, 41-42
Budget, 41-42
Committee, 9, 20, 30, 31, 35, 39, 55
New forms of, 8
Outreach, 29
Coordinated bargaining, 20
Deciding vote, 19
Disputes, 10, 18
Election protests, Local Union, 15
Eligibility for office, 17
Emeritus status, 18
Finances, 21-22, 35
Judicial powers, 21
Member complaints, 21
Organizing, 20, 35
Original jurisdiction, 45, 70-71
Personal representative, 23
Staff, 20-21
Subsidies, 20
Term of office, 16
Trials and appeals, 45-46
Trusteeships, 22-24
Vice Presidents’ salaries, 20-21
Waivers, 33, 36, 38-39, 41, 47, 48
Dues, 37, 39
International Executive Board Member, 15-17, 19
Per capita tax, 30, 31
Revenue of International Union, 30-34, 37-40
Authority to adjust per capita, 30
Definitions of “member” and “dues,” 32
Dues, 30-33, 37-40
Per capita tax, 30-34
Priority of per capita payment, 33
Reporting requirements and examination of Local Union records, 34
Special funds, 31-32 (see individual listings)
Savings provision, 56
Secretary-Treasurer, International, 12-19, 21, 23, 24-26, 31-36, 38, 41,
45-46, 53, 63, 68
Charters, seal, 24, 34-35
Convention proceedings, 12-14, 24
Duties, 24-25
Eligibility for office, 17
Expenditures, 24
Records, 24
Report to convention, 24
Safeguarding of moneys, 24
Trials and appeals, 45-46
Self-employed individuals, 9
Strike and Defense Fund, International, 31
Strike Fund, use of, 31
Strikes and lockouts, 29
Transfers, 42-43
Trials and appeals, 43-47
Absence of accused, 46
Against a Local Union or officer of International Union, 43-44, 45
Appeals, 46-47
Charge must be specific, 44
Charges, 43-44, 45
Decisions, 44-46
Discipline, penalties, 44, 46
Exhaustion of remedies, 47
Filing of charges, 44
Hearing held by International Executive Board, 45
Original jurisdiction, 45
Procedures, 44, 47
Recusal, 46
Suspension of local union officers, 45
Time period for filing charges, 44
Trial body, 44, 45, 46
Trusteeship, 22-23
Benefit funds, 22
Emergency, 23
Grounds for imposition, 23
Hearing, after emergency trusteeship, 23
Hearing, before non-emergency trusteeship, 23
Hearing Officer, appointment and duties, 23
Procedure for imposition, 23
Trustee, 22-23
Authority, power and duties, 22
Supervision and direction, 22
SEIU 2020 95
Unity Fund, 32
Canadian, 32
Exemption, 32