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Laborers for JUSTICE is pleased to provide IUOE members with an electronic hyperlinked copy of the Constitution of the International Union of Operating Engineers. See Index for hyperlinked search terms.

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To All IUOE Members:

 

 

This International Constitution, as amended and revised by the 36th General Convention, sets forth your rights and obligations as members of this great International Union.

 

 

Our organization has a long and proud history to build on. I believe the future holds even more opportunities for the IUOE.

 

 

The continued vitality of our International lies in the collective strength of you, the members. Accordingly, I urge your active participation in the endeavors of your Local Unions and your International Union.

 

 



 

 

Fraternally yours,

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Frank Hanley
General President

 




 

The
CONSTITUTION
Governing
THE INTERNATIONAL UNION OF
OPERATING ENGINEERS
And
All Subdivisions, Bodies, Local Unions
and Members Thereof
The International Union of Operating Engineers
Organized December
7, 1896
Affiliated with AFL-CIO

Compiled by the Constitution Convention Sept. 30,
1938, and adopted by Referendum Vote of Entire
Membership Dec. 31, 1938.

 

Amended by 21st Int. Convention   
Amended by 22nd Int. Convention   
Amended by Referendum   
Amended by 23rd Int. Convention   
Amended by Referendum   
Amended by 24th Int. Convention   
Amended by 25th Int. Convention  
Amended by 26th Int. Convention   
Amended by 27th Int. Convention   
Amended by 28th Int. Convention   
Amended by 29th Int. Convention   
Amended by 30th Int. Convention   
Amended by Referendum  
Amended by 31st Int. Convention   
Amended by 32nd Int. Convention   
Amended by 33rd Int. Convention   
Amended by 34th Int. Convention   
Amended by 35th Int. Convention   
Amended by 36th Int. Convention   

April 1940
April 1944
September 1, 1947
April 1948
August 1, 1951
April 1952
 April 1956
April 1960
April 1964
April 1968
April 1972
April 1976
 September 28, 1977
April 1980
April 1984
April 1988
April 1993
April 1998
April 2003



 

CONTENTS

 

 

 

 

Preface 

Suggested Order of Business 

4

Art. I

 Name, Purposes, Government and Ritual    

5   

Art. II

 Emblem  

 7   

Art. III

 General Conventions, Powers, Delegates, Etc

 8

Art. IV

General Officers, Election, Etc

15

Art. V

General Executive Board  

18

Art. VI

General President  

21

Art. VII

General Vice Presidents  

25

Art. VIII

General Secretary-Treasurer 

25

Art. IX

 Board of Trustees

28

Art. X

 Membership

29

Art. XI

Income of International Union 

30

Art. XII

 Territorial Jurisdiction

33

Art. XIII

 Craft Jurisdiction

33

Art. XIV

 Charters

37

Art. XV

Transfer, Clearance, Service 
   Dues, Withdrawal Cards and
   General Office Membership .



43    

Art. XVI. 

Discipline and Expulsion  

56

Art. XVII.

Appeals

58

 

2

 

 


 

 

 

 

Art. XVIII.

Amending and Revising
Constitution, Initiative, and Recall

61

Art. XIX.

 Defense Fund, Lockouts, Strikes .

62

Art. XX.  

Death Benefits  

64

Art. XXI. 

Joint Executive Boards  

70

Art. XXII. 

District Councils

71

Art. XXIII. 

State, Interstate and Provincial Organizations  

 71

Art. XXIV

Government of Local Unions  

74

Art. XXV

Apprenticeship

105

Art. XXVI. 

District Administration Form of Local Union Government  

106

Art. XXVII.

The General Pension Fund Plan . .  

109

Art. XXVIII.

Honorary Positions Created  

109

Art. XXIX.

 Savings Clause

110

 

Index    

111

         3



 

PREFACE

SUGGESTED ORDER OF BUSINESS FOR
LOCAL UNIONS

1. Meeting called to order per Ritual.

2. Examination of clues books and/or cards by Conductor.

 

3. Roll call of officers.
4. (a) Minutes of the previous meeting.

 

(b) Minutes of the Local Executive Board.

5. Presentation of applications for membership.
6. Reports of committee on applications.

7. Reading of communications-by the Recording-Corresponding Secretary.

 

 

8. Reading of receipts for the per capita tax and other monies sent to the General Secretary-Treasurer.

 

9. Election and installation of officers.

10. Reports of sickness, accident and death of members.

11. (a) Reports pertaining to apprentices.

 

(b) Reports pertaining to Branch Locals.

12. Unfinished business.
13. New business.
14. Reports of (a) Officers

 

(b) Delegates

 

 

(c) Committees:

 

 

Safety and health

 

 

Legislation and political action

 

 

Other

 

 

(d) Business Representatives

 

 

(e) Trustees

 

 

(f) Auditors

 

 

(g) Treasurer.

15. Subjects for the good and welfare.

16. Appropriations for monies from the treasury (drawing orders signed by the President and the Recording-Corresponding Secretary authorizing the payment of bills and other expenses).

17. Motion or order for adjournment.

4



 

THE CONSTITUTION
OF
THE INTERNATIONAL UNION
OF
OPERATING ENGINEERS

ARTICLE I

NAME, PURPOSES, GOVERNMENT
AND RITUAL

Name
 

 

Art. I. Section 1.

This organization shall be known as the International Union of Operating Engineers  and it shall be the policy of this organization to be affiliated with the AFL-CIO and such of its departments as this organization may deem expedient.

Purposes

Art. I.  Section 2.

 The objects and purposes of this organization are to elevate the trade of operating engineers  (by which trade the membership thereon earn a livelihood for themselves and their dependents) to its proper position in all industrial activity and the ranks of organized workers; to encourage a higher standard of skill among its members; to cultivate feelings of friendship among the men of the craft and those who may employ its members; to organize all persons working in the jurisdiction of this International Union without regard to race, creed, color, sex, religion, age or national origin; to promote the health, welfare and-safety of its members and their families; to promote, foster and develop apprentice programs, training programs and other means to advance the skills, efficiency and working knowledge of its members; to assist its members in securing and stabilizing employment; to assist employers in obtaining skilled craftsmen; to secure improved wages, hours, and working conditions through assisting affiliated Local Unions in negotiating collective bargaining agreements and through legislative

 

 

 

 

5



 

 

 

action and other appropriate means; to further, directly and indirectly, the joint interest of the members of the International Union in the betterment of general economic and social conditions in the world, by engaging in legislative, political, educational, civic welfare, and other appropriate activities; while preserving the integrity and autonomy of this International Union, to work within the AFL-CIO and to cooperate with other International Unions for the advancement of the entire labor movement, and to assist and cooperate with free and democratic labor organizations through- out the world; to provide aid and assistance for and to bring about cooperation and coordination of effort among affiliated Local Unions; to insure the better protection of life and property by securing, the enactment of state, provincial and city Engineers License Laws and by other appropriate means; and to protect and strengthen our democratic institutions and to vigorously oppose the efforts of those who advocate the overthrow of the established order, either of government or of this organization, by force or violence or subversive tactics.

 

Government

 

Art. I. Section 3. 

   The International Union of Operating  Engineers shall be governed by the following bodies:

 

1

General Convention

 

2

General Executive Board

 

3

Officers

 

4

Board of Trustees

 

5

State and Provincial Organizations

 

6

Joint Executive Boards

 

7

District Councils

 

8

Parent Local Unions

 

and each of such bodies shall constitute a distinct entity each with its own separate identity but functioning in conformity to the Constitution and Ritual. No Local Union or its officers, employees or members, shall have power or authority to act, nor be deemed to act, on

6


 





 

 

 

behalf of or agent for, or legally bind any other Local Union or member thereof, the General Convention, the General Executive Board, any of the General Officers, or the International Union of Operating Engineers, unless such authority is expressly granted by the provisions of this Constitution or by the General Executive Board. No Local Union, officer or member thereof, Supervisor or Representative, shall be authorized or permitted to accept service of summons, subpoena, or make entry of appearance, for or on behalf of the International Union, any General Officer, the General Executive Board, the Board of Trustees, or any other Local Union or other subdivision of the International Union of Operating Engineers.



 

 

Ritual

Art. I.  Section 4.

The Ritual and Obligation shall form a part of this Constitution and shall be
administered in such form, and from time to time revised in such manner as the General President, with the approval of the General Executive Board, may direct.

 

 

ARTICLE II

EMBLEM

Description

Art. II.   Section 1.

The official emblem of the International Union of Operating Engineers,
   duly registered as a trademark, is as follows:

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Use of Emblem

 

 

Art. IISection 2.

This emblem shall be generally used on all printed matter, including charters, supplies and stationery of the organization and its various subdivisions, and in forms to be worn by members.

 

 

Seals and Facsimiles

 

 

Art. II.  Section 3.

The official seal of the organization shall bear this emblem. The seal of each General  Officer and subdivision of the organization shall likewise bear this emblem together with the title of such officer or the name of such subdivision using the same. No seal shall be held or used by any General Officer or subdivision of the organization, not shall the use or holding of any seal confer authority unless such seal shall have been furnished by the General Secretary-Treasurer. All seals shall be the property of the International Union of Operating Engineers. No facsimile of the emblem shall be used except such as are supplied by the General Secretary-Treasurer.

 

 

ARTICLE III

GENERAL CONVENTIONS

 

 

Powers

Art. III. Section 1.

All the sovereign power. including the legislative, executive, administrative and
 judicial, of the International Union of Operating Engineers shall be vested in its General Convention when in session. Specifically, but not in limitation of the power thus vested, the General Convention may grant and issue charters for Local Unions and subdivisions thereof and local, State and Provincial organizations and such other subdivisions of the International Union as from time to time may be deemed advisable; set the cost for said charters and necessary supplies issued with said charters; suspend and revoke any of said charters; adopt and issue a seal for the

8



 

 

 

 

 

International Union, its General Officers, its Local Unions, local, State and Provincial organizations and any other subdivisions; adopt, print and issue dues books and/or cards for the use of the membership; for and issue per capita tax dues stamps and collect for same; print, issue and mail an official journal; print and issue such books, stationery supplies and paraphernalia and sell the same to affiliated Local Unions, local, State and Provincial organizations and any other subdivisions for the proper keeping of their records and affairs; invest the funds of the International Union; buy and sell real estate (improved or otherwise) and bonds and other securities; establish, impose and collect per capita tax; establish, impose and collect assessments upon members, charter applicants, Local Unions, local, State and Provincial organizations and any other subdivisions as hereinafter provided; impose an initiation fee and an initiation fee tax; establish a Defense Fund and pay strike benefits; establish, revise, amend and from time to time change the Death Benefit Fund and pay regulated benefits therefrom; supervise the operation of Local Unions, local, State and Provincial organizations and any other subdivisions and appoint supervisors and receivers when necessary; prefer charges against Local Unions, local, State and Provincial organizations and any other subdivisions and officers (individually or collectively) or their members (individually or collectively) and order trials with authority to discipline those affected; prefer charges and order trials with authority to discipline any General Officer or any member of the Board of Trustees; register, copyright and trademark the name of its official journal, its emblem and any document of the organization; establish and maintain a general headquarters in Washington, D.C.; employ clerical and other help; employ organizers and deputies; confiscate and sue for the possession of all real and personal property, paraphernalia, books, charters, records, card indexes, seals and funds of a Local Union, local, State or Provincial organization and any other subdivision;

 

9



 

 

 

      

establish a General Executive Board with full powers of the Convention between Conventions; include and adopt as part of the Constitution a procedure for the government and regulation of Local. Unions, subdivisions thereof, local, State and Provincial organizations and any other subdivisions; establish, define, segregate, assign and amend craft jurisdiction and territorial jurisdiction to which Local Unions, their subdivisions, local, State and Provincial organizations and any other subdivisions already established or hereinafter chartered shall confine their activities; establish, enter into, amend or abrogate understandings or written agreements with other craft unions affiliated with the AFL-CIO; amalgamate competitive craft unions with the International Union of Operating Engineers and by such amalgamation compel all individual officers and members of the amalgamated union to be subservient to the Constitution, amendments thereto and decisions and orders of the General Executive Board and the General President of the International Union; review and decide appeals from decisions properly filed with provide for the general welfare of the organization and its members; take all steps necessary to protect the interests of the organization; make all disbursements necessary or appropriate in the exercise of the above powers or in the fulfillment of the objects and purposes of the International Union; together with all other rights, powers, privileges and immunities not herein specifically denied.

Method of Holding Conventions

 

 

Art. III. Section 2.

A General Convention of the International Union of Operating Engineers shall be held during the month of April 1988 and every five (5) years thereafter during the month of April, or if the logistics of arranging the Convention so require, during any period between March 20 and May 10, at such place as the preceding Convention may determine, unless referred to the General Executive Board by the Convention for selection.

 

 


10



 

 

 Composition of Convention

Art. III. Section 3.

The General Convention shall be composed of legally elected General Officers, members of  the General Executive Board and the Board of Trustees and the duly elected representative delegates from Local Unions, and none but these shall be entitled to vote. Local Unions may choose to elect alternate delegates not to exceed one alternate for every five delegates nor more than a total of three alternates. The election of delegates and alternates shall be held at an election in the said Local Unions in February prior to the Convention, unless under the provisions of the Local Union bylaws they are elected prior thereto but in no event more than one (1) year prior to the first day of the Convention, except that Local Unions may by their bylaws designate as delegates to the Convention not more than six of their officers, elected sub-sequent to the adoption of such bylaws.

 

The election of delegates shall be conducted by secret ballot. In order to be eligible to be a candidate for delegate for those Conventions held after 1998, a member must, at the time of nomination, be in good standing with respect to payment of dues and meet the requirements contained in the second paragraph of Article XXIV, Subdivision 1, Section (b). Adequate safeguards to insure a fair election shall be provided by the Local Union in accordance with the International Constitution, applicable law, and such rules and regulations as may be promulgated by the General Executive Board. The ballots and all other records pertaining to the election of delegates shall be preserved for one (1) rear by the appropriate official or officials designated by the Local Union.
 

 

Where there are no more candidates nominated for delegates and alternates than are authorized by said local union signifying no opposition, the secret ballot election may be dispensed with and, in such event, the Recording- Corresponding Secretary shall be directed to cast one ballot for all the unopposed candidates for delegates and alternates, who shall then be declared duly elected.

 

11



 

 

Officers of the General Convention

Art. III. Section 4.

The duly elected General Officers of the International Union of Operating Engineers shall be the officers of the General Convention.

 

 

Basis of Representation

Art. III.  Section 5

The basis of delegate representation shall  be as follows:

 

 

 Local Union Membership

 


Minimum

 

 

UNDER 251

 

 

:Maximum

 

 

Number of Delegates

 

 

 

251

 

 

500

 

 

2

 

501

 

 

900

 

 

3

 

901

 

 

1,300

 

 

4

 

 

1.301

 

 

1,700

 

 

5

 

 

1,701

 

 

2,100

 

 

6

 

 

2,101

 

 

2,500

 

 

7

 

 

2,501

 

 

3,000

 

 

8

 

 

3,001

 

 

3,700

 

 

9

 

 

3.701

 

 

4,400

 

 

10

 

 

4,401

 

 

5,100

 

 

11

 

 

5,101

 

 

5,900

 

 

12

 

 

5,901

 

 

6,700

 

 

13

 

 

6,701

 

 

7,500

 

 

14

 

 

7,501

 

 

8,400

 

 

15

 

 

8.401

 

 

9,300

 

 

16

 

 

9,301

 

 

10,200

 

 

17

 

 

10.201

 

 

11.200

 

 

18

 

 

11,201

 

 

12,200

 

 

19

 

 

12.201

 

 

13,200

 

 

20

 

 

1:3,201

 

 

14,200

 

 

21

 

 

14,201

 

 

15,200

 

 

22

 

 

15,201