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JOSEPH L PALLER JR. (SBN 82613) ilpaller@gslaw.org ROBERTA. CAINfrORE (SBN 127462) rac@ cs1aw.org 3 MIC1AEL D. WEINER (SBN 240155) g mweiner gs a 4 GILBERT SACKMAN, A LAW CORPORATION 3699 Wilshire Boulevard, Suite 1200 Los Angeles, California 900 10-2732 I
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Tel:(323)938-3000 Fax: (323) 937-9139

Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MICHAEL McCARRON, an individual, ) Case-No. MICHAEL OLDS, an individual, and LINDSEY MALDOON, an individual, ) VERIFIED COMPLAINT FOR ) DECLARATORY AND INJUNCTIVE Plaintiffs, ) RELIEF AND DAMAGES FOR ) VIOLATIONS OF LABOR ) MANAGEMENT REPORTING AND v. ) DISCLOSURE ACT AND FOR ) BREACH OF CONTRACT ) UNITED BROTHERHOOD OF) DEMANDFORJURYTRIAL CARPENTERS AND JOINERS OF) AMERICA, an unincorporated association, DOUGLAS J. McCARRON, an individual, DOUGLAS BANES, an individual, and MICHAEL V. DRAPER, an individual,

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Defendants.

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24 Plaintiffs, complaining of defendants, aver as follows:

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JURISDICTION AND VENUE 1.

Jurisdiction of this Court is based on the jurisdiction of the district courts to

hear civil actions brought by a member of a labor organization pursuant to Section 304 of
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the Labor Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.s.c.

464, to redress any violation of Section 302 of the LMRDA, 29 u.s.c. 462.
2. Jurisdiction of this court also is based on Section 30 1(a) of the Labor Management Relations Act, 1947 (LMRA), 29 U.s.C.

185(a), which grants the district

courts original jurisdiction over suits for violations of contracts between labor organizations in an industry affecting commerce, without regard to the amount in controversy and the citizenship of the parties. 3. Jurisdiction of this court also is based on the Declaratory Judgment Act, 28

u.s.c.2201. 4. 29 u.s.c. Venue in this district is proper pursuant to 28 u.s.c.

139 1(b) and (c) and

464(b)(2) because this is the district in which plaintiffs and defendants reside

and/or conduct business, and in which the affairs of the trusteeship are being conducted by defendants and their officers and agents.

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INTRODUCTION
This is an action by members of an international labor organization against the labor organization and its principal officers for improperly imposing a trusteeship upon two of its subordinate bodies in violation of its own constitution and Title IV of the LMRDA, 29 u.s.c.

461, et seq. The trusteeships were imposed as a result of a family

squabble between defendant Douglas J. Mccarron (Doug), who heads defendant United Brotherhood of caenters and Joiners of America (caenters), and other members of his family, including his brother, plaintiff Michael Mccarron (Mike). The family feud was precipitated in part by the death of Dougs and Mikes mother, and a dispute over the disposition of her estate. 6. Because of Mikes and other family members refusals to bow to his demands,

Doug caused the caenters to impose an emergency trusteeship over the Southwest Regional council of carpenters, United Brotherhood of carpenters and Joiners of America (Regional council) in order to remove Mike from his democratically-elected position as
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the Regional Councils elected Executive Secretary-Treasurer and chief executive officer. For the same reason, Doug caused the Carpenters to impose an illegal defacto trusteeship over Carpenters Local Union 1506, United Brotherhood of Carpenters and Joiners of America (Local 1506), and to use force and threats of force to take over Local 1506s building and bar Mike from performing his duties as Local 1506s democratically-elected President and chief executive officer.
7.

As averred, below, the trusteeships not only were imposed for improper

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motives, they are also unlawful because (i) there was no emergency at the time they were imposed without a fair hearing on the trusteeships and (ii) they were imposed by the General Vice President of the Carpenters, who lacks the authority to do so. THE PARTIES AND RELEVANT NON-PARTIES 8. Defendant United Brotherhood of Carpenters and Joiners of America (Carpenters) is, and at all times mentioned in this complaint was, an unincorporated association maintaining its principal place of business at 101 Constitution Ave., NW, Washington, D.C. 20001. The Carpenters is an international labor organization as defined in Section 3(i) of the LMRDA, 29 U.S.C. 402(i), and as defined in Section 50 1(3) of the LMRA, 29 U.S.C. 142(3), and represents employees in industries affecting commerce. 9. Non-party Southwest Regional Council of Carpenters, United Brotherhood of Carpenters and Joiners of America (Regional Council) is, and at all times mentioned in this complaint was, an unincorporated association maintaining its principal place of business at 533 S. Fremont Ave., 10th Fl., Los Angeles, CA 90071, within the jurisdiction of this Court. At all times relevant, the Regional Council was and is an intermediate labor organization as defined in Section 3(i) of the LMRDA, 29 U.S.C. 402(i), and as defined in Section 50 1(3) of the LMRA, 29 U.S.C. 142(3), and represents approximately 65,000 employees in industries affecting commerce. At all times relevant, the Regional Council was and is chartered by and affiliated with the Carpenters and a subordinate body to the
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Carpenters. 10. Non-party Carpenters Local Union 1506, United Brotherhood of Carpenters

and Joiners of America (Local 1506) is, and at all times mentioned in this complaint was, an unincorporated association maintaining its principal place of business at 5164 Santa Monica Boulevard, Los Angeles, CA 90029, within the jurisdiction of this Court. At all times relevant, the Local 1506 was and is a local labor organization as defined in Section 3(i) of the LMRDA, 29 U.S.C. 29 U.S.C.

402(i), and as defined in Section 501(3) of the LMRA,

142(3), and represents employees in industries affecting commerce. At all

times relevant, Local 1506, as well as over thirty other local unions, was and is chartered by and affiliated with the Carpenters, affiliated with the Regional Council and a subordinate body to the Carpenters and the Regional Council. 11. Defendant Douglas J. McCarron (Doug) is, and at all times mentioned in

this complaint was, a resident of Las Vegas, Nevada. At all times relevant, Doug was and is the General President and the chief executive officer of the Carpenters. Doug also is the former Executive Secretary-Treasurer and chief executive officer of the Regional Council and, at all times relevant, is and was a member of Local 1506. 12. Plaintiffs are informed and believe and on the basis of such information and

belief aver that Defendant Douglas Banes (Banes) is, and at all times mentioned in this complaint was, a resident of Illinois. At all times relevant, Banes was and is the General Vice President of the Carpenters. 13. Plaintiffs are informed and believe and on the basis of such information and

belief aver that Defendant Michael V. Draper (Draper) is, and at all times mentioned in this complaint was, a resident of Oregon. At all times relevant, Draper was and is the District Vice President, Western District of the Carpenters. 14. Plaintiff Michael McCarron (Mike) is, and at all times mentioned in this

complaint was, a resident of Los Angeles, California, within the jurisdiction of this Court. At all times relevant, Mike was and is a member of the Carpenters and of Local 1506. At all times relevant, Mike also was and is the democratically elected Executive Secretary
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Treasurer and chief executive officer of the Regional Council and member of its Executive Committee, the democratically elected President and chief executive officer of Local 1506 and a democratically elected delegate to the Regional Council. Mike is Dougs younger brother. Mike brings this action on his own behalf and on behalf of the two labor organizations of which he is the duly elected chief executive officer, the Regional Council and Local 1506. 15. Plaintiff Michael Olds (Olds) is, and at all times mentioned in this complaint was, a resident of Garden Grove, California, within the jurisdiction of this Court. At all times relevant, Olds was and is a member of the Carpenters and of Local Union 2361, United Brotherhood of Carpenters and Joiners of America (Local 2361), a subordinate body of the Carpenters and of the Regional Council. At all times relevant, Olds also was and is the democratically elected Financial Secretary of Local 2361, a democratically elected delegate to the Regional Council and a democratically elected member of the Executive Committee of the Regional Council. At all times relevant, Olds also was employed as an Administrative Assistant by the Regional Council. Olds brings this action on his own behalf and on behalf of the Regional Council of which he is a member. 16. Plaintiff Lindsey Maldoon (Maldoon) is, and at all times mentioned in this complaint was, a resident of Simi Valley, California, within the jurisdiction of this Court. At all times relevant, Maldoon was and is a member of the Carpenters and of Local 1506 and is an elected delegate to the Regional Council. At all times relevant, Maldoon also was employed as a Special Representative of the Regional Council working out of the offices of Local 1506. Maldoon brings this action on his own behalf and on behalf of the Regional Council and Local 1506, both of which he is a member. THE REGIONAL COUNCILS TRUST FUNDS 17. As the exclusive bargaining representative for approximately 65,000 employees, the Regional Council, together with certain signatory employers, has
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established certain jointly trusteed trust funds to provide health, retirement, training and other benefits to covered employees pursuant to Section 302(c)(5) of the LMRA, 29 U.S.C.

186(c)(5).
18. Among the trust funds so established is the Southwest Carpenters Training Fund (Training Fund), which provides apprenticeship and other forms of training to the Regional Councils members and potential members. The Training Fund is an employee welfare benefit plan within the meaning of Section 3( 1)(A) of the Employee Retirement Income Security Act of 1974, as amended (ERISA), 29 U.S.C.

1002(1)(A). The

Training Fund maintains its principle place of business at 533 South Fremont Avenue, Suite 401, Los Angeles, CA 90071, within the jurisdiction of this Court. The seven employee-representative (i.e., union) trustees of the Training Fund include Doug, who is Co-Chairman, and Mike. 19. The Regional Council also has established the Southwest Carpenters Pension

Trust (Pension Fund). The Pension Fund maintains its principle place of business at 533 South Fremont Avenue, Los Angeles, CA 90071, within the jurisdiction of this Court. The Pension Fund is an employee pension benefit plan within the meaning of Section 3(2)(A) of the ERISA, 29 U.S.C.

1002(2)(A). The seven employee-representative (i.e., union)

trustees of the Pension Fund include Doug, who is Chairman, and Mike. 20. The Regional Council also has established the Southwest Carpenters Health

& Welfare Trust (Health Fund). The Health Fund is an employee welfare benefit plan within the meaning of Section 3(1)(A) of ERISA, 29 U.S.C.

1002(1)(A). The Health

Fund maintains its principle place of business at 533 South Fremont Avenue, Los Angeles, CA 90071, within the jurisdiction of this Court. The seven employee-representative (i.e., union) trustees of the Health Fund include Doug, who is Chairman, and Mike. 21. John T. DeCarlo (DeCarlo) of DeCarlo & Shanley (DeCarlo Firm) is a

California attorney and General Counsel to the Carpenters, to the Regional Counsel, to Local 1506 and to many other entities related to the Carpenters. DeCarlo also is co counsel to the Training Fund, the Pension Fund and the Health Fund (collectively, Trust
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Funds), having been designated as such by the employee-representative (i.e., union) trustees of the respective Trust Funds. The DeCarlo Firm maintains its principle place of business at 533 S. Fremont Ave., 9th Fl., Los Angeles, CA 90071.
22.

The Trust Funds are employee benefit plans as defined in Section 3(3) of

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ERISA, 29 U.S.C. 1002(3). Doug, Mike and the other employee-representative trustees of the Trust Funds are fiduciaries with respect to the Trust Funds on which they serve within the meaning of Sections 402(a), 404,406 and 407 of ERISA, 29 U.S.C. 1102(a),
1104, 1106 and 1107. 23. The Carpenters, the Regional Council, DeCarlo and the DeCarlo Firm are

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parties in interest with respect to each of the Trust Funds and each Trust Fund is a party
in interest with respect to the other Trust Funds as that term is defined in Section 3(14) of ERISA, 29 U.S.C. U.S.C.

1002(14), and within the meaning of Section 406 of ERISA, 29

1106.
FACTS COMMON TO ALL CLAIMS FOR RELIEF

24.

As an international labor organization, the Carpenters are governed by the

Constitution of the United Brotherhood of Carpenters and Joiners of America and Rules for Subordinate Bodies Under its Jurisdiction (Constitution), a true, correct and complete copy of which is attached hereto as Exhibit A. The Constitution is a contract between the

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Carpenters and the Regional Council, between the Carpenters and Local 1506 and between the Carpenters and its members, including Plaintiffs. The Constitution is a contract between any such labor organizations within the meaning of Section 301(a) of the LMRA, 29 U.S.C. 185(a). 25. Pursuant to Section 6, Paragraph D of its Constitution, the Carpenters:
. . .

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shall have the right to establish supervision [i.e., a

trusteeship] over and to conduct the affairs of any subordinate body (including the removal of any or all officers of such subordinate body) to correct financial irregularities or to assure
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the performance of collective bargaining agreements and the responsibility of the subordinate body as a bargaining agent or to protect the interests and rights of the members or whenever the affairs of the subordinate body are conducted in such a manner as to be detrimental to the welfare of the members and to the best interests of the [Carpenters]. Section 10, Paragraph H of the Constitution then provides as follows: Whenever it appears to the satisfaction of the General

President that any Local Union or member thereof, or any

Council is acting contrary to the welfare of the United Brotherhood of Carpenters and Joiners of America, or that supervision should be established over the conduct of the affairs of any subordinate body as set forth in Section 6D, the General

President may appoint a committee to hold a hearing, after due

notice to such subordinate body or member. Upon completion of the hearing, the committee shall report its findings and recommendations to the General Executive Board and to the member or subordinate body involved. The General Executive Board is empowered to take such action as is necessary and proper for the welfare of the United Brotherhood of Carpenters and Joiners of America, subject, however, to the right of appeal to the next General Convention, to the extent permitted by

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Section 53G. If the General President determines that an emergency situation exists, the General President may appoint a representative to assume supervision over any Local Union or Council pending the holding of a hearing and the completion of the proceedings as providedfor in this Section.
(Emphasis added).
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27.

As an intermediate labor organization, the Regional Council is governed by

its Bylaws and Trade Rules (Bylaws), a true, correct and complete copy of which is attached hereto as Exhibit B. Pursuant to Section 8 of its Bylaws, The Executive Secretary-Treasurer shall be the Chief Executive Officer of the Council. The Executive Secretary-Treasurer shall be responsible for the management and supervision of the field activities, business office(s), and for conducting the daily business of the Council. Pursuant to Section 10 of the Bylaws, Between meetings [of the delegates to the Regional Council], the Executive Committee shall have supervision of such Council business as has not otherwise been granted to officers of the Council. And pursuant to Section 11 of the Bylaws, The Trustees [of the Regional Council, not of any Trust Fund] shall have supervision of all funds and properties of the Council subject to such instructions from the Executive Committee as they may receive from time to time. The title to all property of the Council shall be held in the name of the Trustees of the Council and/or their successors in office. 28. On May 11, 2013, Eileen McCarron (Eileen), the elderly mother of Doug

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and Mike, fell and was hospitalized; she died on May 21, 2013. Mike and his wife have been the co-trustees of Eileens family trust since August 6, 2004. 29. Shortly after Eileens death, Doug demanded that Mike and his wife Doug then accused Mike and his wife of immediately liquidate Eileens family trust.

removing him as a co-trustee of their mothers family trust and accused Mikes wife of stealing from the trust. Mike denied the accusations; Doug was never a co-trustee of the family trust. Doug became furious. At Eileens funeral on May 24, 2013, Doug told Mike,
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Youre done. 30. On May 28, 2013, Mike approached DeCarlo about an investment in Union

Labor Life Insurance Company, a privately held insurance company domiciled in Maryland (ULLICO), that Doug and Eileen had made in the early 2000s, partially with family trust assets. DeCarlo did not provide Mike with any information. On or about May 29 or 30, 2013, DeCarlo informed Mike that, if he did not back down over ULLICO and the family trust, his brother [Doug] was going to go after him for certain lease agreements between the Regional Council and the Training Fund discussed below. 31. At approximately the same time, Doug, Mike and their siblings sought to During a telephone

arrange a meeting with the attorney for Eileens family trust.

conversation among Doug, Mike, and their siblings, Doug again demanded that Mike liquidate the trust and Mike confronted Doug concerning the money Eileens trust had lost as a result of the ULLICO investment. As a direct result of the animosity between Doug and Mike, the meeting with the attorney never took place.

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THE IMPROPER EMERGENCY TRUSTEESHIP OF THE REGIONAL COUNCIL 32. On June 28,2013, Doug caused Draper to bring internal union charges against Mike pursuant to Section 14, Paragraph D of the Constitution. A true, correct and complete copy of the internal union charges against Mike is attached hereto as Exhibit C. The internal charges essentially allege that Mike breached his fiduciary duty to the Regional Council by causing the overcharging of the Training Fund for rent. 33. Since long before Mike was elected as its Executive Secretary-Treasurer and including times when Doug was its Executive Secretary-Treasurer, the Regional Council has owned certain real property throughout the Southwest. From time to time during these many years, the Regional Council has rented some of these properties to the Training Fund.
34. Although the record owner of the property is CPT/SC Title Holding

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Corporation (CPTISC), Plaintiffs are informed and believe and on the basis of such
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information and belief aver that the Pension Fund is the beneficial owner of the real property and improvements located at 533 S. Fremont Ave., Los Angeles, CA 90071; CPT/SC, on behalf of and for the benefit of the Pension Fund, rents office space to the Regional Council, the DeCarlo Firm, the Pension Fund, the Training Fund and the Health Fund. 35. Each of the rental arrangements described above is and was a prohibited

transaction between a plan and a party in interest within the meaning of Section 406(a) of ERISA, 29 U.S.C. 36.

1106(a).

Each of the rental arrangements described above is and was subject to the

statutory exemptions from prohibited transactions provided in Section 408(b)(2) of ERISA, 29 U.S.C.

1 108(b)(2), and the Prohibited Transaction Exemption (PTE) 76-1(41 1108(a).

FR 12740, March 26, 1976, as corrected by 41 FR 16620, April 20, 1976), issued by the Secretary of Labor pursuant to Section 408(a) of ERISA, 29 U.S.C. 37. Beginning in or around 2011, other training funds related to the Carpenters At a meeting of the trustees of the Training Fund held on December 16, 2011

began being audited by the United States Department of Labor (DOL). 38. at which both Doug and Mike were present, DeCarlo recommended that the Training Fund engage the services of an auditor, Bernard Kotkin (Kotkin), to analyze transactions of the Training Fund. Kotkin was so engaged. Prior to this meeting, neither DeCarlo nor any other professional retained by the Training Fund had ever recommended performing an analysis of any transactions of the Training Fund while Mike was a trustee. 39. At a meeting of the trustees of the Training Fund held on March 16, 2012 at which both Doug and Mike were present, auditor Kotkin recommended that the Training Funds building leases and appraisals be updated. Prior to this meeting, neither DeCarlo nor any other professional retained by the Training Fund had ever recommended performing an appraisal of the Training Funds leases while Mike was a trustee. In May 2012, John M. Griffin, a consultant retained by the Training Fund to review its entire operation, also recommended that values of the Training Funds leases be determined by
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independent appraisers. 40. At a meeting of the trustees of the Training Fund held on June 15, 2012 at which both Doug and Mike were present, a motion was made, seconded and unanimously adopted to authorize the Director of the Southwest Carpenters Training Fund to update appraisals or obtain new appraisals of all real property owned by the Fund and to make recommendations to the Board regarding the possible renewal or revision of leases between the Southwest Regional Council of Carpenters and the Southwest Carpenters Training Fund. 41. By approximately March 2013, the final appraisals regarding most of the Training Funds leases were known to the Carpenters, the Regional Council, the Training Fund, Mike and Doug. The appraisals showed that the Training Fund was paying above market value for many rental properties owned by the Regional Council and other entities, including local unions affiliated with the Carpenters and the Regional Council and entities totally unrelated to the Carpenters. At a meeting of the Executive Committee of the Regional Council held in March 2013, Mike reported the possible overpayments to the Executive Committee and the Committee authorized the repayment to the Training Fund of any such overpayments. Mike further reported that the Training Fund hired a qualified professional asset manager (QPAM) and the QPAM would determine the rent overage amount owed to the Training Fund. 42. In May 2013, the final appraisals regarding all of the Training Funds leases were completed and fully analyzed by the Carpenters, the Regional Council, the Training Fund, Mike and Doug. By letter dated May 31, 2013, the Training Fund, by its property manager, requested a total refund due to the [Training] Fund from the [Regional] Council of $4,736,970.52 for the period from January 1, 2008 to December 31, 2012. On Upon receipt of the request, Mike caused his chief of staff to poll the Executive Committee regarding payment of the refund due to the Training Fund. The Training Fund was refunded the entire overpayment, including interest, that same day. Committee officially ratified the payment at its June 2013 meeting.
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The Executive

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43.

Plaintiffs are informed and believe and on the basis of such information and

belief aver that no appraisal of the leases to the Regional Council, the DeCarlo Firm, the Training Fund and the Health Fund at 533 S. Fremont Ave., Los Angeles, CA 90071, have been performed since Mike became Executive Secretary-Treasurer of the Regional Council and a Trustee of the Pension Fund.

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44.

No internal union charges have been brought against any other union member

who had served as a trustee of the Training Fund, including Doug. No internal union charges have been brought against any Trustee of the Regional Council, who had supervision of all funds and properties of the Council.

45.

On July 19, 2013, Banes placed the Regional Council into a so-called

emergency trusteeship and appointed Draper as the Regional Councils trustee. A true, correct and complete copy of Banes letter notifying the Regional Council and Mike of the trusteeship and of the appointment of Draper is attached hereto as Exhibit D. The primary purported basis for the emergency trusteeship were the internal charges against Mike. 46. On July 22, 2013, and acting in his purported authority as trustee of the Draper removed Mike from his elected positions as Executive

Regional Council,

Secretary-Treasurer of the Regional Council and a member of its Executive Committee. Draper subsequently changed the locks on the Regional Councils offices. 47. On August 6, 2013 and acting in his purported authority as trustee of the

Regional Council, Draper removed Olds from his appointed position as an Administrative Assistant of the Regional Council and from his elected position as a member of the Executive Committee, questioning Olds loyalty to the Brotherhood. The only loyalty actually in question was Olds loyalty to Doug. 48. The trusteeship was imposed upon the Regional Council as a result of the

family feud between Doug and Mike and not for any of the reasons authorized by Section 302 of the LMRDA, 29 U.S.C. 49.

462.

No emergency existed in the Regional Council at the time the trusteeship was

imposed upon it.

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50.

No fair hearing within the meaning of Section 304(d) of the LMRDA, 29

U.S.C. 464(d), and Paragraph H of Section 10 of the Constitution had been held before the trusteeship was imposed over the Regional Council. 51. Pursuant to Paragraph H of Section 10 of the Constitution, only the General President is authorized to determine that an emergency situation exists and suspend the democratic rights of a subordinate body. Nothing in the Constitution authorizes the General President to delegate such authority to the General Vice President, who pursuant to Paragraph A of Section 11 of the Constitution may only render such assistance to the General President as may be required. (Emphasis added). Under the Constitution, Banes had no power to impose the emergency trusteeship upon the Regional Council. THE BELATED AND IMPROPER NOTICE OF HEARING ON THE TRUSTEESHIP OF THE REGIONAL COUNCIL
52.

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On September 11, 2013, and claiming a dispensation presumably from the

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provisions of the Constitution, Banes notified members of Local Unions affiliated with the Regional Council that B anes had reason to believe that the emergency trusteeship he had improperly imposed upon the Regional Council should be continued and had appointed a hearing committee to determine the issue. A true, correct and complete copy of Banes letter notifying the membership of the appointment of the hearing committee and of the hearing on the trusteeship is attached hereto as Exhibit E. Plaintiffs are informed and believe and on the basis of such information and belief aver that, as late as September 20, 2013, many members of Local Unions affiliated with the Regional Council had not received Banes letter. 53. Pursuant to Paragraph H of Section 10 of the Constitution, only the General

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President is authorized to determine that any Council is acting contrary to the welfare of the United Brotherhood of Carpenters and Joiners of America, or that supervision should be established over the conduct of the affairs of any subordinate body as set forth in Section 6D and only the General President may appoint a committee to hold a hearing,
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after due notice to such subordinate body. Nothing in the Constitution authorizes any person or body to dispense with its provisions for any reason.

54.

Although most of the Regional Councils membership resides and works in

Southern California, the hearing improperly noticed by Bane is scheduled to take place beginning on October 16, 2013, in Las Vegas, Nevada, which is where Doug resides.

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THE DE FACTO TRUSTEESHIP OF LOCAL 1506 55. 56.

On the evening of Friday, August 16, 2013, Local 1506 was scheduled to have its regular meetings of its Executive Board and of its membership. Through the use of armed security guards hired by Draper for the Regional

Council, Doug barred Mike from presiding over the meetings of the Executive Board and of the membership of Local 1506. Doug has caused the locks on Local 1506s doors to be changed and Mike has been threatened with arrest if he enters Local 1506s building.

57.

On August 20, 2013, Doug caused Maldoon to be terminated as a Special

Representative of the Regional Counsel for causing Local 1506s gates to be locked open
th so that members could park their cars and attend the August 1 6 meeting.

58.

By denying Mike his right and his duty as the democratically elected President

of Local 1506 to preside over meetings of the Executive Board and of the membership, by changing Local 1506s locks and denying Mike access to Local 1506s offices and by firing Maldoon for allowing members of Local 1506 to attend their own meeting, Doug has placed Local 1506 into a defacto trusteeship without any fair hearing or declaration of emergency.

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FIRST CLAIM FOR RELIEF (RELATING TO THE TRUSTEESHIP OF THE REGIONAL COUNCIL): VIOLATION OF LMRDA 302
59. Plaintiffs repeat and reaver each and every averment contained in paragraphs 1 through 58 above as if repeated here in full.

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60.

By having the General Vice President impose a trusteeship upon the Regional

Council without a fair hearing and without an emergency, Defendants did not act in accordance with the Constitution and thereby violated Section 302 of the LMRDA, 29 U.S.C.

462.
By imposing an emergency trusteeship upon the Regional Council without a

61.

fair hearing for reasons other than stated therein, Defendants violated Section 302 of the LMRDA, 29 U.S.C. 62.

462.

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By having the General Vice President notice a hearing for a trusteeship of the

Regional Council in Las Vegas, Nevada and appoint a hearing committee, Defendants did not act in accordance with the Constitution and thereby violated Section 302 of the LMRDA, 29 U.S.C. 63.

462.

By virtue of Defendants violations of Section 302 of the LMRDA described

above, Plaintiffs are entitled to appropriate declaratory and injunctive relief. Plaintiffs and the membership of the local unions affiliated with the Regional Council have suffered and are likely to continue to suffer severe and irreparable harm. Unless Defendants are restrained by a temporary, preliminary and permanent injunction, Plaintiffs and the membership of the local unions affiliated with the Regional Council will continue to suffer severe, irreparable harm, in that they will continue to be deprived of their democratic rights under the LMRDA. Plaintiffs have no adequate remedy at law because monetary damages will not afford adequate relief for the denial of federally protected democratic rights. 64. By virtue of Defendants violations of Section 302 of the LMRDA described above, Plaintiffs and the Regional Council are entitled to be made whole for any losses or additional costs they have incurred as a result of the improper emergency trusteeship. 65. suit. By virtue of Defendants violations of Section 302 of the LMRDA described above, Plaintiffs are entitled to an award of their reasonable attorneys fees and costs of

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III III
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SECOND CLAIM FOR RELIEF (RELATING TO THE TRUSTEESHIP OF THE REGIONAL COUNCIL): BREACH OF CONTRACT 66. 67. Plaintiffs repeat and reaver each and every averment contained in paragraphs By having the General Vice President impose an emergency trusteeship upon 1 through 65 above as if repeated here in full. the Regional Council without a hearing and without an emergency, Defendants breached the terms of the Constitution. 68. By imposing an emergency trusteeship upon the Regional Council without a hearing for reasons other than stated therein, Defendants breached the terms of the Constitution. 69. By having the General Vice President notice a hearing for a trusteeship of the Regional Council in Las Vegas, Nevada and appoint a hearing committee, Defendants breached the terms of the Constitution. 70. 71. 72. By removing Mike, Olds and Maldoon from their elected and appointed As a direct result of the breaches of the Constitutions described above, By virtue of breaches of the Constitutions described above, Plaintiffs are offices and jobs, Defendants breached the terms of the Constitution. Plaintiffs and the Regional Council have suffered damages. entitled to appropriate declaratory and injunctive relief. Plaintiffs and the membership of the local unions affiliated with the Regional Council have suffered and are likely to continue to suffer severe and irreparable harm. Unless Defendants are restrained by a temporary, preliminary and permanent injunction, Plaintiffs and the membership of the local unions affiliated with the Regional Council will continue to suffer severe, irreparable harm, in that they will continue to be deprived of their democratic rights under their Constitution. Plaintiffs have no adequate remedy at law because monetary damages will not afford adequate relief for the denial of democratic rights. 73. By virtue of breaches of the Constitution described above, Plaintiffs and the Regional Council are entitled to damages in amounts to be proven at trial.
VERIHED COMPLAINT

6
7

8 9 10 11 12 13 14 15 16 17 18 19 20 21
22

23 24 25 26
27 28

17

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

74.

By virtue of breaches of the Constitution described above, Plaintiffs are

entitled to an award of their reasonable attorneys fees and costs of suit.

THIRD CLAIM FOR RELIEF (RELATING TO THE DE FACTO TRUSTEESHIP OF LOCAL 1506): VIOLATION OF LMRDA 302
75. Plaintiffs repeat and reaver each and every averment contained in paragraphs 1 through 58 above as if repeated here in full. 76. By having the General President impose a defacto trusteeship upon Local

1506 and thus depriving its membership of their democratic rights without a hearing and without declaring an emergency, Defendants did not act in accordance with the Constitution and thereby violated Section 302 of the LMRDA, 29 U.S.C. 77.

462.

By imposing a defacto trusteeship upon Local 1506 without a fair hearing for

reasons other than stated therein, Defendants violated Section 302 of the LMRDA, 29 U.S.C.

462.
By virtue of Defendants violations of Section 302 of the LMRDA described

78.

above, Plaintiffs are entitled to appropriate declaratory and injunctive relief. Plaintiffs and the membership of Local 1506 have suffered and are likely to continue to suffer severe and irreparable harm. Unless Defendants are restrained by a temporary, preliminary and permanent injunction, Plaintiffs and the membership of Local 1506 will continue to suffer severe, irreparable harm, in that they will continue to be deprived of their democratic rights under the LMRDA. Plaintiffs have no adequate remedy at law because monetary damages will not afford adequate relief for the denial of federally protected democratic rights. 79. By virtue of Defendants violations of Section 302 of the LMRDA described

above, Plaintiffs are entitled to an award of their reasonable attorneys fees and costs of suit.

26
27

III III II
VERIFIED COMPLAINT

28

18

FOURTH CLAIM FOR RELIEF (RELATING TO THE DE FACTO TRUSTEESHIP OF LOCAL 1506): BREACH OF CONTRACT
80. Plaintiffs repeat and reaver each and every averment contained in paragraphs 1 through 58 and 75 through 79 above as if repeated here in full. 81. By having the General President impose a defacto trusteeship upon Local

2
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1506 and thus depriving its membership of their democratic rights without a fair hearing and without an emergency, Defendants breached the terms of the Constitution. 82. By imposing a defacto trusteeship upon Local 1506 without a fair hearing for By virtue of breaches of the Constitutions described above, Plaintiffs are

reasons other than stated therein, Defendants breached the terms of the Constitution. 83. entitled to appropriate declaratory and injunctive relief. Plaintiffs and the membership of Local 1506 have suffered and are likely to continue to suffer severe and irreparable harm. Unless Defendants are restrained by a temporary, preliminary and permanent injunction, Plaintiffs and the membership of Local 1506 will continue to suffer severe, irreparable harm, in that they will continue to be deprived of their democratic rights under the Constitution. Plaintiffs have no adequate remedy at law because monetary damages will not afford adequate relief for the denial of these democratic rights. 84. By virtue of breaches of the Constitutions described above, Plaintiffs are

entitled to an award of their reasonable attorneys fees and costs of suit. WHEREFORE, PLAINTIFFS

PRAYS

FOR

JUDGMENT

AGAINST

DEFENDANTS AS FOLLOWS: a. On the first claim for relief: i. A declaration by this Court that: (1) Under the Carpenters Constitution, only the General President of the Carpenters may impose an emergency trusteeship upon a subordinate body, including the Regional Council;

III
VERIFIED COMPLAINT

19

1 2 3

(2)

Under its Constitution, the General President of the Carpenters may not delegate his authority to impose an emergency trusteeship upon a subordinate body, including the Regional Council, to the General Vice President;

4 5
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (6) (5) (4) (3)

Whether or not the General President of the Carpenters could delegate his authority to impose an emergency trusteeship upon a subordinate body, including the Regional Council, no emergency existed at the time the trusteeship was imposed upon the Regional Council; The emergency trusteeship of the Regional Council was not imposed for the purpose of correcting corruption or financial malpractice, assuring the performance of collective bargaining agreements or other duties of a bargaining representative, restoring democratic procedures, or otherwise carrying out the legitimate objects of such labor organization; The emergency trusteeship over the Regional Council imposed by Defendants was in violation of the provisions of Title III of the LMRDA (29 U.S.C.A. effect; The actions of Defendants in removing Mike as the elected Executive Secretary-Treasurer of the Regional Council and a member of its Executive Committee, removing Olds as an appointed Administrative Assistant and as an elected member of the Executive Committee and removing Maldoon as an appointed Special Representative of the Regional Council were likewise in breach of the terms of the Constitution and thereby violated Section 302 of the LMRDA, 29 U.S.C.

461,

et seq.) and was without

462; and

28

III
VERIFIED COMPLAINT

20

1 2 3 4 5 6
7

(7)

Under the Carpenters Constitution, only the General President of the Carpenters may determine cause to hold a trusteeship hearing regarding a subordinate body, including the Regional Council, and appoint a hearing committee;

ii.

A temporary, preliminary and permanent order by this Court: (1) Enjoining and restraining Defendants and the officers, agents, employees, attorneys, and all persons in active concert or participation with them from continuing the emergency trusteeship imposed upon the Regional Council; (2) Directing Defendants to restore all property, rights, privileges, and power of autonomy otherwise available to the Regional Council under the Constitution; (3) Directing Defendants to reimburse the Regional Council for all expenditures and disbursements made by them under the trusteeship for salaries and expenses of Defendants or any other officer or agent of the Carpenters, and all other improper expenditures of the Regional Councils funds made by them, including but not limited to changing the locks of the Regional Council and retaining security guards; (4) Directing Defendants to make Plaintiffs whole for their wrongful removals from their elected offices and/or appointed positions; (5) (6) Directing Defendants to reinstate Plaintiffs to their elected offices and/or appointed positions; and Enjoining and restraining Defendants and the officers, agents, employees, attorneys, and all persons in active concert or participation with the Carpenters from imposing any trusteeship or otherwise interfering with the power of autonomy available

8 9 10 11 12 13 14 15 16 17 18 19 20 21
22 23 24 25

26 27 28
VERIFIED COMPLAINT

21

1 2 3 4

to the Regional Council under the Constitution until such time as it has fully complied with the procedural requirements of the Constitution and a trusteeship is authorized after a fair hearing in accordance with the Constitution. b. On the second claim for relief: i. A declaration by this Court that: (1) Under the Carpenters Constitution, only the General President of the Carpenters may impose an emergency trusteeship upon a subordinate body, including the Regional Council; (2) Under its Constitution, the General President of the Carpenters may not delegate his authority to impose an emergency trusteeship upon a subordinate body, including the Regional Council, to the General Vice President. (3) Whether or not the General President of the Carpenters could delegate his authority to impose an emergency trusteeship upon a subordinate body, including the Regional Council, no emergency existed at the time the trusteeship was imposed upon the Regional Council; (4) The emergency trusteeship of the Regional Council was not imposed for the purpose of correcting corruption or financial malpractice, assuring the performance of collective bargaining agreements or other duties of a bargaining representative, restoring democratic procedures, or otherwise carrying out the legitimate objects of such labor organization; and (5) The emergency trusteeship over the Regional Council imposed by Defendants was in breach of the terms of the Constitution; and,

5
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

28

III
VERIFIED COMPLAINT

22

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
22

(6)

The actions of Defendants in removing Mike as the elected Executive Secretary-Treasurer of the Regional Council and a member of its Executive Committee, removing Olds as an appointed Administrative Assistant and as an elected member of the Executive Committee and removing Maldoon as an appointed Special Representative of the Regional Council were likewise in breach of the terms of the Constitution.

ii.

A temporary, preliminary and permanent order by this Court: (1) Enjoining and restraining Defendants and the officers, agents, employees, attorneys, and all persons in active concert or participation with them from continuing the emergency trusteeship it has assumed over the Regional Council; (2) Directing Defendants to restore all property, rights, privileges, and power of autonomy otherwise available to the Regional Council under the Constitution; (3) Directing Defendants to reimburse the Regional Council for all expenditures and disbursements made by them under the trusteeship for salaries and expenses of Defendants or any other officer or agent of the Carpenters, and all other improper expenditures of the Regional Councils funds made by them, including but not limited to changing the locks of the Regional Council and retaining security guards; (4) (5) Directing Defendants to reinstate Plaintiffs to their elected offices and/or appointed positions; and Enjoining and restraining Defendants and the officers, agents, employees, attorneys, and all persons in active concert or participation with the Carpenters from imposing any trusteeship or otherwise interfering with the power of autonomy available

23 24 25 26 27 28
VERIFIED COMPLAINT

23

1 2 3 4
5

to the Regional Council under the Constitution until such time as it has fully complied with the procedural requirements of the Constitution and a trusteeship is authorized after a fair hearing in accordance with the Constitution. iii. c. Damages in amounts to be proven at trial. A declaration by this Court that: (1) Under the Carpenters Constitution, the General President of the Carpenters may not impose a trusteeship upon a subordinate body, including Local 1506, without first declaring an emergency or conducting a hearing; (2) Whether or not the General President of the Carpenters could impose an emergency trusteeship upon a subordinate body, including Local 1506, without first declaring an emergency, no emergency existed at the time the de facto trusteeship was imposed upon Local 1506; (3) The defacto trusteeship of Local 1506 was not imposed for the purpose of correcting corruption or financial malpractice, assuring the performance of collective bargaining agreements or other duties of a bargaining representative, restoring democratic procedures, or otherwise carrying out the legitimate objects of such labor organization; and (4) The de facto trusteeship over Local 1506 imposed by Defendants was in violation of the provisions of Title III of the LMRDA (29 U.S.C.A. 461, et seq.) and was without effect; and, (5) The actions of Defendants in removing Mike as President of Local 1506 was likewise unlawful and without effect.
VERIFIED COMPLAINT

6
7

On the third claim for relief: i.

8 9 10 11 12 13 14 15 16 17 18 19 20 21
22 23 24

25 26
27

28

24

1 2 3
4

ii.

A temporary, preliminary and permanent order by this Court: (1) Enjoining and restraining Defendants and the officers, agents, employees, attorneys, and all persons in active concert or participation with them from continuing the emergency trusteeship it has assumed over Local 1506; (2) Directing Defendants to restore all property, rights, privileges, and power of autonomy otherwise available to Local 1506 under the Constitution; (3) Directing Defendants to reimburse Local 1506 for all expenditures and disbursements made by them under the trusteeship for salaries and expenses of Defendants or any other officer or agent of the Carpenters, and all other improper expenditures of Local 1506s funds made by them; (4) (5) Directing Defendants to reinstate Mike as President of Local
1506; and

5 6
7

8 9 10 11 12 13 14
15

16
17 18

Enjoining and restraining Defendants and the officers, agents,

employees, attorneys, and all persons in active concert or participation with the Carpenters from imposing any trusteeship

19 20 21
22

or otherwise interfering with the power of autonomy available to Local 1506 under the Constitution until such time as it has fully complied with the procedural requirements of the Constitution and a trusteeship is authorized after a fair hearing in accordance with the Constitution. d. On the fourth claim for relief: i. A declaration by this Court that: (1) Under the Carpenters Constitution, the General President of the Carpenters may not impose a trusteeship upon a subordinate body, including Local 1506, without first declaring an
VERIFIED COMPLAINT

23 24 25 26 27 28

25

1 2 3
4

emergency or conducting a hearing; (2) Whether or not the General President of the Carpenters could impose an emergency trusteeship upon a subordinate body, including Local 1506, without first declaring an emergency, no emergency existed at the time the trusteeship was imposed upon Local 1506; (3) The trusteeship of Local 1506 was not imposed for the purpose of correcting corruption or financial malpractice, assuring the performance of collective bargaining agreements or other duties of a bargaining representative, restoring democratic procedures, or otherwise carrying out the legitimate objects of such labor organization; and (4) The actions of Defendants in removing Mike as President of Local 1506 was likewise in breach of the terms of the Constitution. ii. A temporary, preliminary and permanent order by this Court: (1) Enjoining and restraining Defendants and the officers, agents, employees, attorneys, and all persons in active concert or participation with them from continuing the defacto trusteeship it has assumed over Local 1506; (2) Directing Defendants to restore all rights, privileges, and power of autonomy otherwise available to Local 1506 under the Constitution; (3) Directing Defendants to reimburse Local 1506 for all expenditures and disbursements made by them under the trusteeship for salaries and expenses of Defendants or any other officer or agent of the Carpenters, and all other improper expenditures of Local 1506s funds made by them;
VERIFIED COMPLAINT

5 6
7

8 9 10 11 12 13 14 15 16 17 18 19 20 21
22

23
24

25 26
27

28

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 e. f. iii.

(4)

Directing Defendants to reinstate Mike as President of Local 1506; and Enjoining and restraining Defendants and the officers, agents, employees, attorneys, and all persons in active concert or participation with the Carpenters from imposing any trusteeship or otherwise interfering with the power of autonomy available to Local 1506 under the Constitution until such time as it has fully complied with the procedural requirements of the Constitution and a trusteeship is authorized after a fair hearing in accordance with the Constitution.

(5)

Damages in amounts to be proven at trial.

For reasonable attorneys fees and costs of suit; and For such other and further relief as the Court may deem just and equitable. Respectfully submitted, Joseph L. Paller Jr. Robert A. Cantore Michael D. Weiner GILBERT & SACKMAN A Law Corporation

DATED: October 4, 2013

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VERIFIED COMPLAINT

Attorneys for Plaintiffs

27

_______________________________

1 2 3 4

VERIFICATION I, Michael McCarron, am a plaintiff in the above captioned matter. I have read the foregoing complaint and know the contents thereof. The same is true of my own

knowledge, except as to those matters which are therein averred on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

5
6 7

:
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Executed on October

2013. Michael McCarron

Complaint Final.wpd

28
VERWffiD COMPLAINT

28

DEMAND FOR JURY TRIAL

Plaintiffs hereby demand a trial by jury of all
issues

triable of right by jury.

3 4 5 6 7 Dated: October 4, 2013 Respectfully submitted, Joseph L. Paller Jr. Robert A. Cantore Michael D. Weiner GILBERT & SACKMAN A Law Corporation BY7z/ 1 4 L Attorneys for Plaintiffs

10 11

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
VERIHED COMPLAINT 29

V JIflIHXI

CONSTITUTION
ofthe

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMEIUcA

AND RULES FOR SUBORDINATE BODIES

UNDER ITS JURISDICTION

ESTABLISHED AUGUST

12, 1881

0 1 U13

Constitution as Amended at the 40th General Convention Effective November 1, 2010

By.

ORDER OF BUSINESS Call the Meeting to Order. 1. Warden, take Charge ofthe Door. 2. Salute the Flag. 3. Roll Call of Officers by the Recording Secretary. 4. Reading ofMinutes. 5. Report of new Members Initiated or Transferred in 6. Since Last Meeting. Communications and Bills. 7. Reports of Accidents, Sickness or Death. 8. Appropriations ofMoney (Drawing Orders lbr Bills). 9. Reading by President of Receipts from General 10. Secretary-Treasurer for Moneys Sent to the General Office (and from District Councils where such exists). Election and Installation of Officers. 11. Reports of Officers, Delegates and Committees. 12. Good ofthe Order. 13. 14. Any Member Out of Work? Can Anyone Report Where Members may Procure 15. Employment? 16. Unfmished Business. New Business. 17. 18. Detailed Receipts and Expenses (to be read by the Secretaries). 19. Adjournment.

TABLE of CONTENTS

Page Section Name of Organization I Objects 2 Our Principles 3 General Office Headquarters 3 Affiliations 4 Jurisdiction 6 Trade Autonomy 7 Laws 7 General Officers and Elections 10 General President 13 General Vice President 13 General Secretary-Treasurer 15 Board of Trustees 17 Board General Executive 22 Supplies for Local Unions 22 Revenue 22 General Convention 25 Order of Procedure 25 Duties of Officers at Convention 26 General President 26 General Secretary-Treasurer 26 General Executive Board 26 Board of Trustees 26 Period Covered By Reports 26 of Unions Powers Local Jurisdiction and 28 Jurisdiction and Powers of District and Regional Councils 31 Councils Provincial Jurisdiction of State and 32 Jurisdiction of Auxiliary Unions 32 Admission of Local Unions 33 Suspended and Lapsed Local Unions and Councils .33 Bodies. Subordinate in Nomination, Election and Appointment
.

NAME OF ORGANIZATION A Section 1. This organization shall be known as the United Brotherhood of Carpenters and Joiners of America, and shall consist of an unlimited number of Local Unions, Councils, and members subject to its laws and usages and shall not be dissolved while there are three (3) dissenting Local Unions. B The following abbreviations, when used in the United Brother hood, shall have these meanings, viz: U. B., U. B. C., or United Brotherhood United Brotherhood of Carpenters and Joiners ofAmerica 0. E. BGeneral Executive Board. B. of T.Board of Trustees. S. C.State Council. P. C.Provincial Council. D. C.District Council. R. C.Regional Council. 0. P.General President. 0. V. P.General Vice President. G. S. T.General Secretary-Treasurer. D. V. P.District Vice President. L. U.Local Union. R. S.Recording Secretary. F. S.Financial Secretary. G. O.General Office. B. R.Business Representative. OBJECTS Section 2. The objects of the United Brotherhood are: to orga nize workers, to encourage an apprenticeship system and a higher standard of skill, to develop, improve and enforce the program and standards of Occupational Safety and Health, to cultivate friend ship, to develop good public relations in the community, to assist each other to secure employment, to reduce the hours of daily labor,
I

Section Vacancies in Local and Council Offices. Duties of President of Local Union Duties of Vice President of Local Union Duties of Recording Secretary of LocalUn ion Duties of Financial Secretary of Local Union Duties of Treasurer of Local Union Duties of Conductor of Local Union. Duties of Warden of Local Union Duties of Trustees of Local Union Duties of Committees of Local Union Qualifications for Membership Apprenticeship Admission of Members Finances and Dues Transfers Resignation of Members Members Entitled to Funeral Donations Application For Donations Reduced Dues Offenses and Penalties Charges and Trials Appeals and Grievances Funds of Local Unions General Strikes and Lockouts Label Amendments Property Pension Plan Codification Standing Decisions of the General Executive Board Parliamentary Rules Obligation Installation Ceremony Page .39 .39 .40 .40 .41 .42 .43 .43 .43 .45 .45 48 49 52 59 61 63 64 65 66 68 73 77 79 80 83 .85 .86 .86 .87 88 92 94

to secure adequate pay for our work, to establish a weekly pay day, to promote the establishment of fringe benefit plans for our mem bers through the collective bargaining process, to coordinate bar gaining toward the goal of taking wages out of competition, and by legal and proper means to elevate the moral, intellectual and social conditions of all our members and to improve the trade in every way possible.

FAITHFUL WORK We hold it as a sacred principle that Trade Unionists, above should set a good example as good and faithful workers, others, all performing their duties to their employers with honor to themselves and their organization. We do not recognize the practice of grading skilled workers.

OUR PRINCIPLES

UNION MADE GOODS Section 3. Members of this organization should make it a rule to purchase goods and services which bear the trade-mark of organized labor or are made or provided by union members, and to support businesses and individuals that respect and honor the goals and prin ciples of the labor movement.

SHORTER HOURS OF LABOR We hold a reduction of hours for a days work increases the intel ligence and happiness of the laborer, and also increases the demand for labor and the price of a days work. We advocate the adoption of the Five-Day, Thirty-Hour Work Week and urge all Local Unions to put this into effect as soon as possible. OTHER INTERESTS We recognize that the interests of all labor are identical regard less of occupation, sex, nationality, religion, or color, for a wrong done to one is a wrong done to all. We oppose all unlawful discrimi nation and harassment against workers, whether based on race, gen der, nationality or any other basis. We object to prison contract labor because it puts the criminal in competition with honorable labor for the purpose of cutting down wages, and also because it helps over stock the labor market. GENERAL OFFICE HEADQUARTERS Section 4. The General Office Headquarters of the United Brotherhood shall be located in Washington, D.C. AFFILIATIONS Section 5. If the International Body is affiliated with the AFL ClO and the Canadian Labour Congress, Local Unions, with the consent of their affiliated Council, and Councils may affiliate with the appropriate Central, State and Provincial Bodies of the AFL-CIO and the Canadian Labour Congress. Tax to the AFL-CIO and Cana
3

LABOR LEGISLATION It is of the greatest importance that members should vote intelli gently, hence the members of this Brotherhood shall strive to secure legislation in favor of those who produce the wealth of the country, and all discussions and resolutions in that direction shall be in order at any regular meeting.

LABOR DAY The working men and women of the United States and Canada are honored each year on Labor Day. Labor Day is of special signifi cance to the members of the United Brotherhood because its founder (Peter J. McGuire), the father of Labor Day, was a General Officer of the United Brotherhood. We, therefore, urge each member and each subordinate body of the United Brotherhood to observe Labor Day in a manner appropriate to its purpose and urge each member to participate as fully as may be possible in Labor Day programs in which his or her Local Union takes part.
2

dian Labour Congress is to be paid directly from the General Office. If the International Body is affiliated with the AFL-CIO and the Canadian Labour Congress, Local Unions, with the consent of their affiliated Council, and Councils may affiliate with all Provincial, State and Local Building and Construction Trades Councils where such bodies exist. The General Executive Board may affiliate the United Brotherhood with or disaffiliate the United Brotherhood from any coalition, federation or other group of labor organizations if the Board determines that such affiliation or disaffiliation is in the best interest of the United Brotherhood and its members.

JURISDICTION A Section 6. The jurisdiction of the United Brotherhood of Car penters and Joiners ofAmerica shall include all branches of the Car penter and Joiner trade, the industrial sector, and any kind of work being performed by any members of the United Brotherhood. In it shall be vested the power through the International Body to estab lish and charter subordinate Local and Auxiliary Unions, District, Regional, industrial, State and Provincial Councils in all branches of the trade, and its mandates must be observed and obeyed at all times. In view of technological developments and industrial diversifi cation, no type of employment category shall be excluded from the jurisdiction of the United Brotherhood, whether or not spelled out in Section 7. The United Brotherhood is empowered, upon agreement of the Local Unions and Councils directly affected, or in the discretion of the General President subject to appeal to the General Execu tive Board, where the General President finds that it is in the best interests of the United Brotherhood and its members, locally or at large, to establish or dissolve any Local Union or Council, to merge or consolidate Local Unions or Councils, to establish or alter the trade or geographical jurisdiction of any Local Union or Council, to form Councils and to permit, prohibit or require the affiliation with
4

or disaffiliation from any Council by any Local Union, including the right to establish statewide, province wide and regional Local Unions or Councils having jurisdiction over specified branches or subdivisions of the trade. When action is taken pursuant to this Sec tion to establish or dissolve any Local Union or Council, to merge or consolidate Local Unions or Councils or to establish or alter the trade or geographical jurisdiction of any Local Union or Council, the General President shall have authority to transfer members from any Local Union to any other Local Union. The vested rights of the members shall be preserved and where action as herein described is taken, the General President and General Executive Board shall preserve the membership rights of the members of affected Local Unions, including their right to attend and participate in meetings, to vote, to nominate candidates and to be nominated and run for office. In connection with the foregoing, the General President may, upon finding it appropriate, appoint a committee to hold hearings upon due notice to directly affected Local Unions or Councils, and make findings and recommendations. B The right is reserved to the United Brotherhood through the International Body to regulate and determine all matters pertaining to the various branches and subdivisions of the trade. The General President may designate subdivisions of the trade and may provide such support as he deems appropriate to further the interests of the United Brotherhood and its membership in such trade subdivisions. C To subordinate Local or Auxiliary Unions, District, Regional, Industrial, State and Provincial Councils the right is conceded to make necessary laws for Locals and District, Regional, Industrial, State and Provincial Councils which do not conflict with the laws of the International Body. D The United Brotherhood of Carpenters and Joiners of America shall have the right to establish supervision over and to conduct the affairs of any subordinate body (including the removal of any or all officers of such subordinate body) to correct financial irregularities or to assure the performance of collective bargaining agreements and
5

the responsibility of the subordinate body as a bargaining agent or to protect the interests and rights of the members or whenever the affairs of the subordinate body are conducted in such a manner as to be detrimental to the welfare of the members and to the best inter ests of the United Brotherhood, subject, however, to the provisions of Paragraph H of Section 10. The authority granted to the United Brotherhood herein includes the authority to establish supervision to prevent secession or disaffiliation by any subordinate body or bod ies. E The United Brotherhood shall enact and enforce laws for its government and that of subordinate Locals and Auxiliary Unions and District, Regional, Industrial, State and Provincial Councils and members thereof

TRADE AUTONOMY A Section 7. The broad, evolving trade autonomy of the United Brotherhood of Carpenters and Joiners of America includes at its core, but is not limited to, the milling, fashioning, joining, assem bling, erection, fastening or dismantling of all material of wood, plastic, metal, fiber cork and composition, and all other substitute materials, as well as the handling, cleaning, erecting, installing, repair, renovation, maintenance, and dismantling of all machinery, equipment and all materials used by members of the United Brother hood.

mill Workers; Furniture Workers; Reed and Rattan Workers; Shingle Weavers; Casket and Coffin Makers; Box Makers, Railroad Carpen ters and Car Builders; Show, Display and Exhibition Workers; and Lathers, regardless of material used; also Public Sector Workers, Health Care Workers, Tile, Marble and Terrazzo Industry Workers and Aerospace Workers; and all those engaged in the operation of woodworking or other machinery required in the fashioning, milling or manufacturing of products used in the trade, or engaged as help ers to any of the above divisions or subdivisions, and the handling, erecting and installing material on any of the above divisions or subdivisions; burning, welding, rigging and the use of any instru ment or tool for layout work, incidental to the trade; the erection and placement of all materials used in lathing procedures; and all work with and on robotics, included but not limited to, rigging, handling, installing, maintaining, programming, and use of all stationary and! or portable robots, this includes the use of all robots used in any industry, including the nuclear field. When the terms carpenter(s) or carpenter(s) and joiner(s) are used, it shall mean all the divi sions and subdivisions of the trade.
LAWS A Section 8. The Constitution of this organization shall include general laws of the United Brotherhood and rules for subordinate bodies under its jurisdiction. The terms Constitution and Consti tution and Laws shall have the same meaning. All references in the Constitution to the masculine gender shall automatically include the feminine gender. B The Constitution and Laws can be amended or altered in con formity with the provisions of Section 57 except as provided for in Section 14A.

B Our claim of jurisdiction, therefore, covers all kinds of work being performed by members of the United Brotherhood and includes but is not limited to the following classifications: Car penters and Joiners; Millwrights; Pile Drivers, Bridge, Dock and Wharf Carpenters, Divers, Underpinners, Timber Workers and Core Drillers; Shipwrights, Boat Builders, Ship Carpenters, Joiners and Caulkers; Cabinet Makers, Bench Hands, Stair Builders, Mill and Factory Workers; Wood and Resilient Floor Layers, and Finishers; Carpet Layers; Shinglers, Siders; Insulators; Acoustic and Dry Wall Applicators; Shorers and House Movers; Loggers, Lumber and Saw6

GENERAL OFFICERS AND ELECTIONS A Section 9. General Officers of the United Brotherhood shall consist of a General President, General Vice President, a General
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twelve (12) consecutive months a member in good standing in his or her Local Union and a member of the United Brotherhood of Car penters and Joiners of America for five (5) years immediately prior to nomination. The member shall be required to establish eligibility to the Election Committee to qualify under these provisions of the Constitution and Laws at the time of nomination. To be eligible for nomination or election as a General Officer, a member must meet the requirements of Section 31 D. E No General Officer or Representative of the United Brotherhood shall be subject to charges or trial in any Local Union or Council. F Where charges are filed against a General Officer or represen tative of the General Office of the United Brotherhood, the Execu tive Committee of the District Council or the Local Union may dismiss the charges, or the charges shall be referred by the District Council or Local Union to the General Executive Board. The Gen eral Executive Board may conduct an investigation and hearing and dismiss the charges or, in the case of a General Officer, if it finds upon the entire record that the accused has violated the Constitution and Laws, may issue a reprimand or may, by a two-thirds vote, rec ommend suspension from office. No General Officer shall be fined or expelled and no General Officer shall be suspended from office except by a majority vote ofthe members voting in a general vote of the United Brotherhood taken in accordance with the Constitution and Laws; provided, however, that the General Executive Board may suspend the accused pending determination of the charges by a two-thirds vote of the General Executive Board. Prior to any gen eral vote taken under this Section, all Local Unions shall receive a copy of the charges, a summary of the evidence and position of the parties, and a report of the findings and recommendations of the General Executive Board, if any, and the same shall be fully published to the membership. If the General Executive Board finds a Representative guilty of charges, the Board may fine, suspend or expel the Representative and/or terminate his or her employ9

Secretary-Treasurer, and one District Vice President from each dis trict of the United Brotherhood, who shall be exempt from all duties in their respective Local Unions. B The General Officers shall be elected at the General Conven tion by a plurality vote of the delegates present and voting by secret ballot. The nominations shall be made on the third day of the first week of the Convention, and the election shall be held on the fourth day of the first week of the Convention. C The election shall be conducted by an Election Committee, the members of which shall be appointed by the General President. No nominee for General Office shall be eligible to serve on said Com mittee. Upon completion of the tabulation of the votes, the Election Committee shall report to the General President the names of the General Officers elected and same shall be reported to the Conven tion, and those elected shall hold office for a term of five (5) years or until their successors are duly chosen and qualified, whichever is later. Each newly elected officer shall be administered the oath of office at the General Convention and shall officially assume his office 45 days after the election or, in the event of an earlier vacancy, at the time such vacancy occurs. D A member to be eligible for nomination and election as a General Officer must be present at the time of nomination, or in the anteroom on authorized business, or out on official business, or prevented by accident or sickness or other substantial reason from being present in which case the candidate shall submit a let ter of acceptance if nominated, nor shall the member be eligible unless working for a livelihood in a classification within the trade autonomy of the United Brotherhood as defined in Section 7 or in employment which qualifies him or her for membership, or is depending on the trade for a livelihood, or is employed by the orga nization as a full-time officer or representative; provided, further, that members who are life members, apprentices, trainees or proba tionary employees shall not be eligible. A member must have been
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ment. The authority so granted to the Board does not supersede the authority of the General President to terminate a Representative.

GENERAL PRESIDENT A Section 10. The General President shall issue and sign all char ters, may grant dispensations in extraordinary cases and may fill any vacancies among the General Officers by consent of a majority of the General Executive Board. The General President shall have the authority to appoint any member as a Representative to assist in carrying on the affairs of the United Brotherhood. Such representa tive shall have the same qualifications as those required by General Officers. When directed by the General President, the Representa tive shall assist and advise the officers and Business Representatives of Local Unions and Councils. They shall also perform such other duties as directed by the General President. The compensation for Representatives shall be fixed by the General President. B The General President may personally, or by deputy, take pos session for examinations of all books, papers and other records, including all financial records, ofany Local Union, Council, or other subordinate body, summarily when necessary, and the same shall remain in possession of the General President within the jurisdic tion of the Local Union, Council, or other subordinate body until a complete report has been made and filed. During said examination a representative of the Local Union, Council, or other subordinate body may be present. C The General President may issue charters to Auxiliary Unions.

D The General President may authorize the formation of Retiree Clubs composed of retired members of the United Brotherhood no longer working at the trade. E The General President shall appoint a permanent Financial Oversight Committee comprised of Local Union and Council repre sentatives, and all other committees unless otherwise provided. All members of the Financial Oversight Committee shall be appointed
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for a three-year term and shall not serve consecutive terms. The General President shall designate a member of the Financial Over sight Committee as chair for a one-year period, and no member shall serve consecutive periods as chair. The compensation of all members of committees shall be regulated by the General Execu tive Board. F The General President shall have the authority to decide all points of law, grievances and election appeals, under Section 53G, except funeral donations. All other appeals shall be decided by the Appeals Committee established in Section 53, except as otherwise provided. The General President shall have the power to suspend any Local Union or Council for violation of the Constitution and Laws of the United Brotherhood, or for willfully or directly violat ing the Constitution and Laws or principles of this United Broth erhood, or acting in such a manner as to undermine its welfare, after due notice and hearing and subject to an appeal to the General Executive Board by the subordinate body involved. G The General President shall supervise the entire interest of the United Brotherhood, and perform such other duties as the Constitu tion and Laws of the United Brotherhood may require, and may by virtue ofthe office be a delegate to the Conventions of the AFL-CIO and the Building and Construction Trades Department, and such other Departments with which the United Brotherhood is affiliated, and shall submit a quarterly report to the General Executive Board and shall also submit monthly to the General Secretary-Treasurer an itemized account of all moneys expended by the General Presi dent on behalf of the United Brotherhood. H Whenever it appears to the satisfaction of the General Presi dent that any Local Union or member thereof, or any Council is act ing contrary to the welfare of the United Brotherhood of Carpenters and Joiners of America, or that supervision should be established over the conduct of the affairs of any subordinate body as set forth in Section 6D, the General President may appoint a committee to hold a hearing, after due notice to such subordinate body or mem
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N The General President shall have the authority to develop poli cies regarding the UBC membership processing system and other computer and technological matters pertaining to the United Broth erhood which shall be binding on all Local Unions and Councils affiliated with the United Brotherhood. O The General President shall have the authority to repudiate any jurisdictional agreement entered into by any subordinate body.
GENERAL VICE PRESIDENT A Section 11. The General Vice President, under the supervision ofthe General President, shall render such assistance to the General President as may be required and by virtue of the office may be a delegate to the Convention of the Union Label and Service Trades Department, AFL-CIO. In case of a vacancy in the office of the General President, the General Vice President shall become the General President and perform the duties of that office. B The General Vice President shall maintain headquarters at the General Office. The duties of the office shall be to examine and approve or disapprove of all Local Union and Council Laws. The General Vice President shall have charge of and issue the Label and keep a record of same in accordance with the Constitution and Laws of the United Brotherhood, also keep a record of all union and nonunion shops, mills and factories, their wages, hours and conditions for the General Office. This information shall be made available to Local Unions, Councils, Representatives, and Business Representatives. The General Vice President shall perform such other duties as may be assigned by the General President. In the event of a vacancy in the office of General Vice President, the Gen eral President may appoint a member to fill the vacancy by consent of a majority of the General Executive Board. GENERAL SECRETARY-TREASURER A Section 12. The General Secretary-Treasurer shall have the following responsibilities: preserve all important records, cor
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ber. Upon completion of the hearing, the committee shall report its findings and recommendations to the General Executive Board and to the member or subordinate body involved. The General Execu tive Board is empowered to take such action as is necessary and proper for the welfare of the United Brotherhood of Carpenters and Joiners of America, subject, however, to the right of appeal to the next General Convention, to the extent permitted by Section 53G. If the General President determines that an emergency situ ation exists, the General President may appoint a representative to assume supervision over any Local Union or Council pending the holding of a hearing and the completion of the proceedings as pro vided for in this Section. Where an Auxiliary, Local Union, or Council has asked the I assistance of the General Office, the General President may, with the consent of the General Executive Board, make settlement with employers, and the said Auxiliary, Local Union, or Council must accept the same. J Whenever, in the judgment of the General President, subor dinate bodies or the members thereof are working against the best interests of the United Brotherhood, or are not in harmony with the Constitution and Laws of the United Brotherhood, the General President shall have the power to order said body to disband under penalty of suspension. K The General President shall have the power to grant dispensa tion on all matters which will be beneficial to the United Brother hood. L No two subordinate bodies of the Brotherhood shall negotiate for the same contract with the same employer but if two subordinate bodies do open negotiations, the General President shall designate the proper bargaining unit of the Brotherhood which shall complete negotiations for said contract. M The General President shall have authority to appoint interim officers and delegates of newly established, consolidated or merged Local Unions or Councils.
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Secretary-Treasurer at reasonable salaries payable from the General Fund. The General Secretary-Treasurer shall assist the General Pres ident in the discharge of the duties of that office and shall perform such other duties as may be assigned by the General President. In the absence of the General President and the General Vice President from the General Office, the General Secretary-Treasurer shall per form the duties of the General President under the direction of the General President and when not engaged at the General Office shall devote full time to the interest of the United Brotherhood under the direction of the General President. hi the event of a vacancy in the office of the General Secretary-Treasurer, the General President may appoint a member to fill the vacancy by consent of a majority of the General Executive Board. B The General Secretary-Treasurer shall publish The Carpenter magazine pursuant to the schedule decided by the General Executive Board, and mail a copy of same to the home address ofeach member; publish and forward to the Secretary of each Local Union a quarterly Financial Statement of revenues and expenses; compile, and make available to each Local and Council, directory information including the addresses and meetings of Local Unions and Councils. C The General Secretary-Treasurer shall print the Constitution and Laws of the United Brotherhood in English and any other appropriate language as approved by the General Executive Board, and the inter pretation of the Constitution and Laws in the English language shall be the only one by which the United Brotherhood shall be governed. D The General Secretary-Treasurer shall make an annual report, and shall perform such other duties as are required by the Constitu tion and Laws of the United Brotherhood. The General SecretaryTreasurer may by virtue ofthe office be a delegate to the Conventions of the AFL-CIO and Building and Construction Trades Department.
BOARD OF TRUSTEES A Section 13. The General President, General Vice President, General Secretary-Treasurer, and the six (6) District Vice Presidents
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respondence and documents relating to the business of the United Brotherhood; conduct all official correspondence pertaining to the office; sign all charters, if in proper order; have charge of the seal of the United Brotherhood, and affix it to all important official docu ments; keep a record of membership status of the United Brother hoods members; receive all moneys due from Local Unions and other sources, giving credit for same; deposit all funds in the name of the United Brotherhood of Carpenters and Joiners of America in such banks or other financial institutions as may be designated by the General Executive Board; invest the funds of the United Broth erhood in accordance with the Investment Policies approved by the General Executive Board; make disbursements for general operat ing expenses, claims and bills legally due and those authorized by the General Executive Board, in accordance with the Disbursement Policies approved by the General Executive Board and using checks or similar instruments that are signed by the General SecretaryTreasurer and counter-signed by the General President or General Vice-President, or by those fiduciaries designated by the General President and approved by the General Executive Board or through the use of electronic transfers; examine and pay donation claims in accordance with the Laws of the United Brotherhood, order Local Unions to furnish such evidence and information as may be required to render decisions in donation claims, and may retain such evidence and papers on file as the case may warrant, furnishing copies upon the request of the Local Union; keep a correct financial account between Local Unions and the United Brotherhood, notifying the Local Unions when two months in arrears, before the fifteenth day of the third month; submit an itemized statement of revenues and expenses ofthe United Brotherhood to the General Executive Board at the quarterly meetings, submit to them all books and vouchers per taining to the office of the General Secretary-Treasurer for inspec tion and deliver to the General Executive Board all such books and vouchers when called on to do so; and perform such other duties as the General Executive Board may require. The General SecretaryTreasurer shall employ clerical assistance in the office of the General
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sibility, shall independently review the proposed sale, conveyance or encumbrance and report their recommendation in writing to the Board of Trustees; (3) approval shall be obtained by a secret bal lot vote of the combined committees of the Board of Trustees, the Financial Oversight Committee, and the additional seven members representing various Councils and Locals of the Brotherhood, or by a majority vote of the membership of the United Brotherhood vot ing in a referendum vote taken in accordance with the Laws of the United Brotherhood. G All legitimate expenditures in connection with said Headquar ters and real estate shall be paid by the General Secretary- Treasurer out of the funds of the United Brotherhood in accordance with the Constitution and Disbursement Policies approved by the General Executive Board. H All income received from rents, lease or sale of said property, or any part thereof; shall be received by the General Secretary-Treasurer as provided for in the Constitution and Laws of the United Brother hood of Carpenters and Joiners ofAmerica, and shall become a part of the General Fund of the United Brotherhood of Carpenters and Joiners ofAmerica. An accounting of all such receipts and expenses shall be published in the regular quarterly Financial Statement sub mitted by the General Secretary-Treasurer to the Local Unions. Members of the Board of Trustees shall receive no additional I compensation for their services in connection with the management of the Headquarters and real estate. GENERAL EXECUTIVE BOARD A Section 14. The General Executive Board between Conven tions, in addition to the powers set forth elsewhere in the Constitu tion and Laws, shall exercise all the executive and judicial power and authority of the United Brotherhood, except such power or authority as may be specifically delegated by the Constitution and Laws to General Officers and Trustees. The General Executive Board shall
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shall by virtue of their office constitute a Board of Trustees for the management and control of the Headquarters and real estate of the United Brotherhood of Carpenters and Joiners of America in the City of Washington, D.C. and elsewhere. B By virtue of their office, the General President shall be Chair person and the General Secretary-Treasurer shall be Secretary of the Board of Trustees and it shall be their duty to keep a record of the meetings of the Board ofTrustees. C The said Board of Trustees shall make a report to the General Convention of all business transacted in connection with the Head quarters and the real estate of the United Brotherhood of Carpenters and Joiners of America. D The said Board of Trustees shall authorize the General Presi dent and General Secretary-Treasurer to pay all legitimate expenses in connection with said Headquarters and real estate, subject to examination and approval of the Board when in session. E The title of the Headquarters and real estate now held by this United Brotherhood, or which may be hereafter acquired, shall be vested by proper conveyance in said Board ofTrustees and their suc cessors in office, to be held by said Board of Trustees in trust for the sole use, benefit and behalfof this United Brotherhood of Carpenters and Joiners ofAmerica or in the name of the United Brotherhood of Carpenters and Joiners of America. F Said Board ofTrustees shall have the management and control of all property, to sell, rent, lease and improve the same in such manner as the majority of said Trustees shall direct. However, the Headquar ters or real estate on which it is located shall not be sold, conveyed or encumbered except in accordance with the following steps: (1) a Headquarters Oversight Committee shall be appointed, including the members of the permanent Financial Oversight Committee and seven additional members from among officers or representatives of affiliated subordinate bodies of the United Brotherhood; (2) the Headquarters Oversight Committee, exercising fiduciary respon
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have authority to determine the number of District Vice Presidents, the number of Districts, the geographical area of the Districts and to make appropriate provisions for the administration of the various Districts. B One member of the General Executive Board shall be elected from each District Unless altered by the General Executive Board, the Eastern District shall consist of Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia. The Midwestern District shall consist of Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin. The Southern Dis trict shall consist of Alabama, Arkansas, North and South Carolina, Florida, Georgia, Louisiana, Mississippi, Oklahoma, Tennessee, Texas, Canal Zone, Virgin Islands, and Puerto Rico. The Western District shall consist of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Mon tana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. The Canadian District shall consist of the entire country of Canada.

C The General Executive Board shall be composed of the General President, General Vice President, General Secretary-Treasurei and one District Vice President from each of the above districts of the United Brotherhood, who between Board meetings shall devote their entire time to the interest ofthe United Brotherhood, under the super vision of the General President. The General President shall chair the General Executive Board and the General Secretary-Treasurer shall be its Secretary; they shall hold quarterly meetings, or when required, and shall hold special meetings at the call of the Chair. All correspondence and appeals for the General Executive Board shall be sent to the General Secretary-Treasurer, who shall present same at the next regular meeting of the Board. No General Officers shall vote on decisions rendered by themselves. Proceedings of the General Executive Board shall be published in pamphlet form and sent directly to Local Unions, District, Regional, Industrial, State and Provincial Councils.
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D The General Executive Board shall decide points of law and appeals that may be submitted to it. An appeal to the General Con vention shall not operate as a stay of the decision of the General Executive Board except, however, that the General Executive Board shall have the authority to grant a stay of its decision or a deci sion of the Appeals Committee when in its judgment such action is warranted. A member of the General Executive Board may file charges alleging a violation of the Constitution and Laws against any officer or member of any subordinate body and the process ing and trial of such charges shall be conducted under procedures to be established by the General Executive Board. The Chairperson of the General Executive Board shall from time to time designate members of the United Brotherhood to serve on a panel which shall constitute a standing Trial Committee, of which any three (3) or more members may be designated to conduct trial of a case. In all such trials a complete record of the proceedings shall be made. An accused found guilty of violating the Constitution and Laws may be fined, suspended or expelled by majority vote of the Trial Committee subject, however, to appeal to the General Executive Board and the Convention. Appeal ofany such decision must be filed with the Sec retary of the General Executive Board within thirty (30) days from the date on which notice of the Trial Committee verdict or penalty is mailed to the accused. During the period in which an appeal from such decision may be filed and while an appeal of such decision is pending before the General Executive Board, the penalty imposed shall be stayed. When an appeal is filed, a complete record of the proceedings together with the verdict and penalty of the Trial Com mittee shall be submitted to the General Executive Board. A finding, verdict or penalty of the Trial Committee may be affirmed, set aside or modified on appeal. A decision of the General Executive Board may be appealed to the Convention under Section 53H. E The General Executive Board shall have power to authorize strikes in conformity with the Constitution and Laws of the United Brotherhood, and when necessary to defend the organization in any locality against the attacks of employers, combinations or lockouts,
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or any attempt to disrupt or destroy the organization, to support such locality by levying a per capita assessment and by ordering a cessa tion of work for any employer involved, irrespective of where such work is located; enter into agreement with other organizations with reference to jurisdiction over work; or a general offensive or defen sive alliance. F The General Executive Board shall have power to protect the property and interest of the United Brotherhood in such a manner as they may deem helpful and beneficial.

and Trustees and such employees of the United Brotherhood as it may deem necessary. The General Executive Board shall require an annual audit of the accounts and books of the United Brotherhood by a Certified Public Accountant, and such audit shall be reported in writing to the General Executive Board. The General Executive Board shall perform such other duties as may be provided for in the Constitu tion and Laws of the United Brotherhood. J Whenever, by virtue of an increased death rate, a deficiency is likely to arise in the revenues provided for payment of Funeral Donations under the Constitution, the General Executive Board shall have the authority to draw from the funds of each Local Union such sum for each member in good standing as may be provided against such deficiency. K The General Executive Board shall provide for the bonding of the officers and personnel of the United Brotherhood. The General Executive Board shall have the authority to provide for the bonding of officers and personnel of subordinate bodies of the United Broth erhood. When the General Executive Board provides such bond coverage through the General Office, all such officers and person nel must be bonded thereunder to be eligible to hold any office or employment. The price of such bonds shall be a standing appropria tion to be paid to the General Secretary-Treasurer upon the receipt of notice from the General Office. L The General Executive Board shall have power to define in detail the trade autonomy and jurisdiction of the United Brotherhood. M The General Executive Board shall be empowered to autho rize contributions or expenditures in support of or in opposition to legislation or other political activity, including support of particular candidates for office, political parties and other entities, to the extent permitted by law, where such support is deemed by the General Executive Board to be in the best interests of the United Brotherhood or its subordinate bodies or members, or organized labor, generally
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G The General Executive Board shall have power to disavow agreements that may have been entered into by any subordinate Local Unions or Councils, unless such agreements have been approved by the General President.

H The General Executive Board shall have power to make agree ments with employers covering our jurisdiction; provided such agreements require employers to conform with the trade rules of the district where the work is located, or which provide special terms and conditions found by the General Executive Board to be appro priate to a particular industry or type of work. In negotiating pen sion, health and welfare and other fringe benefit agreements, Local Unions and Councils shall wherever possible provide for participa tion therein by contractors and their employees working in the area under agreements with the United Brotherhood.

I The General Executive Board and its members are fiduciaries entrusted with responsibility for the assets ofthe United Brotherhood. In carrying out this responsibility, the General Executive Board shall establish and control the investment policy governing the investment of United Brotherhood assets. Such investments shall be made only with prior approval of the General Executive Board or by one or more investment managers who have been appointed by the General Executive Board. A written investment report shall be made to all Local Unions and Councils on a regular basis. The General Execu tive Board shall obtain proper surety bonds for all General Officers
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or in a particular area. This authority may be delegated by the Gen eral Executive Board to the General President. N Meetings of the General Executive Board may be conducted in person or by telephone. For any meeting of the General Executive Board, those present shall constitute a quorum, provided that at least one Resident Officer and a majority of the members of the General Executive Board are present.

SUPPLIES FOR LOCAL UNIONS Section 15. All Constitutions, cards and supplies shall be fur nished by the General Secretary-Treasurer, per order of the Financial Secretary or Recording Secretary of any Local Union or subordinate body in good standing, and the money for the same will be billed or shall accompany all orders for supplies when sent to the General Secretary-Treasurer.

REVENUE

Section 16. The revenue of the United Brotherhood shall be derived from a per capita tax from all Local Unions on all members, applicants and persons paying agency shop or similar fees, also the amount specified on each new member admitted, charter fees, rent of office building, interest on bank deposits, income from investments, subscribers to and advertisements in the Carpenter, fines, supply sales and other miscellaneous receipts.

GENERAL CONVENTION A Section 17. The United Brotherhood shall meet in General

Convention in 2000 and every five (5) years thereafter, on a date set by the General Executive Board, and the Board shall provide a suit able place for holding such Convention. The General Convention, while in session, shall be vested with all the executive, legislative and judicial authority of the United Brotherhood together with all powers necessary or incidental thereto.
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B A Special Convention may be called as follows: Whenever fifteen Local Unions, no two of which are located in the same State or Province, present to the General Executive Board a resolution calling for a Special Convention, the General Executive Board shall consider the matter no later than its next regular meeting. If the General Executive Board is satisfied that a Special Convention for the purpose requested is in the best interest of the United Broth erhood, it shall make provision for the holding of such a Conven tion at the earliest practical date. Whenever the General Executive Board shall decide that a Special Convention is necessary, it shall have authority by majority vote to issue a call for a Special Con vention. A Special Convention shall be subject to the same rules as a General Convention except that a Special Convention cannot consider any matter other than as may be stated in the Convention Call. C A Local Union shall be entitled to representation in the Convention for members in good standing in the month that the Convention Call is issued according to the General SecretaryTreasurers records, on this basis: 100 members or less shall be entitled to one delegate; more than 100 members and not more than 500, two delegates; more than 500 and less than 1,000, three del egates; 1,000 members and less than 1,500, four delegates; 1,500 members and less than 2,000, five delegates; 2,000 and less than 2,500, six delegates; 2,500 and less than 3,000, seven delegates; a Local Union with 3,000 or more members shall be entitled to eight delegates plus one additional delegate for every 500 mem bers over 3,000. State, Provincial, Regional, Industrial, and District Councils and the Canada Council shall be entitled to representation by election of one delegate. The General Officers of the Brother hood (as set forth in Section 9, Par. A) shall receive full accredited delegate credentials to the Convention from their respective Local Unions. Each duly elected delegate shall be entitled to one vote in the Convention, except that delegates elected by Councils shall not be entitled to vote in the election of General Officers.
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D General Officers shall be accredited delegates to any Gen eral or Special Convention of the United Brotherhood by virtue of their office. The designation of General Officers as delegates shall not affect the number of delegates to which their respective Local Unions shall otherwise be entitled.

E A Local Union shall not be entitled to representation which owes two months per capita tax to the General Office.

F The election of delegates and alternates shall be held by secret ballot within the time specified by the General Executive Board. All members shall be notified by mail to attend the meeting at which the delegates and alternates are to be elected. To be eligible for nomina tion or election as a delegate or alternate to a General Convention, a member must meet the requirements of Section 31 D.

G The Recording Secretary shall at once report to the Gen eral Secretary-Treasurer the name and post office address of the delegate(s) and alternate(s).

H Each delegate other than a General Officer shall establish claim to a seat by presenting proper identification and credentials, duly signed by the President and Recording Secretary ofthe Local Union or the President and Secretary of the State, Provincial, Regional, Industrial or District Council the delegate represents with seal attached. Eligibility of General Officers shall be certified by the General Secretary-Treasurer.

K A quorum for the transaction of business shall Consist of a majority of the delegates attending the Convention. Any delegate who refuses to recognize and obey the sound of the gavel in the hands of the presiding officer shall be debarred from further voice or vote during the session, and the action taken by the presiding officer shall be reported by the General Secretary-Treasurer to the Local Union or Council which elected the offending delegate as their representative. L The Committee on Constitution and the Committee on Griev ances and Appeals shall meet in advance of the Convention at a time and place designated by the General President. Members of the Gen eral Executive Board shall not be eligible to act on either of these committees. M The Committee on Finance shall examine the accounts of the General Secretary-Treasurer, and shall verif, the audits made by the General Executive Board, and shall meet at a time and place desig nated by the General President. N The General President shall appoint a Committee on Creden tials, consisting of not less than five members. The Committee shall meet at the call of the chair. In the event the credentials of a delegate are protested, the Committee on Credentials shall hear the protest and submit its findings to the Convention.
ORDER OF PROCEDURE Section 18. The order of procedure in Convention in the trans action of business shall be the same as at the preceding Convention until such time as the Committee on Rules reports.

I No proxy representation shall be allowed. A delegate to the Convention of the United Brotherhood, other than a General Officer, must hold credentials from the Local Union or Council he or she represents. No member may be a delegate from or represent more than one subordinate body.

J The mileage and expenses for the attendance of said delegates shall be defrayed by the Local Union or Council they respectively represent.
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DUTIES OF OFFICERS AT CONVENTION Section 19. The General Officers shall be required to attend the Convention and they shall have a voice and vote in same, except that General Officers shall not be permitted to vote in the election of General Officers. Their expenses for attendance at the Convention shall be paid out of the funds of the United Brotherhood.
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GENERAL PRESIDENT A Section 20. It shall be the duty of the General President to pre side at all Conventions ofthe United Brotherhood and conduct same according to parliamentary rules and in conformity with the laws of the United Brotherhood, and immediately after the opening of the Convention shall appoint a Committee on Rules. The General President shall appoint such other committees as may be necessary. Each committee shall consist of not less than five delegates. B The General President shall submit a report to the Convention.

GENERAL SECRETARY-TREASURER Section 21. The General Secretaiy-Treasurer shall keep a cor rect record of the proceedings of the Convention and shall submit a report to the Convention, including a report of the United Brother hoods revenues and expenses.

GENERAL EXECUTIVE BOARD Section 22. The General Executive Board shall submit a report to the Convention.

B Local Unions shall be governed by applicable uniform bylaws and have the power to make laws and trade rules which in no way conflict with the Constitution and Laws of the United Brother hood, and must be approved by the General Vice President before becoming law, and shall be filed with the General Vice President; likewise, all future amendments must be submitted and filed. Local Unions not affiliated with a District, Industrial or Regional Council shall have the power to conduct trials of members who have been charged with violating the Constitution and Laws or violating the Trade Rules in the Local Union when such violations occur within the Local Unions jurisdiction and impose such penalties as they may deem the case requires, subject to Sections 51 and 52, and the right of appeal under Section 53. Local Unions cannot debar their members from working for contractors or for employers who are not connected with the Employers or Builders Association, nor shall Local Unions affiliate with any central organization whose Constitu tion or Bylaws conflict with those of the United Brotherhood.

BOARD OF TRUSTEES Section 23. The Board of Trustees shall submit a report to the Convention.

PERIOD COVERED BY REPORTS Section 24. The reports required by Sections 20B, 21,22 and 23 shall cover the period beginning on January 1 of the year in which the last General Convention was held and ending on December 31 ofthe year preceding that in which the General Convention is held at which the reports are to be submitted.

JURISDICTION AND POWERS OF LOCAL UNIONS A Section 25. It is the continuing obligation of every Local Union to organize workers.
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C At any regular or special meeting of the membership of a Local Union, duly called for the transaction of any business, those present shall constitute a quorum, provided seven (7) or more members are present. For any regular or special meeting of the Executive Com mittee of a Local Union, those present constitute a quorum, provided a majority of the members of the Executive Committee are present The terms special meeting and special called meeting have the same meaning. D Local Unions shall have power to regulate and make payment of sick donations only by an established Bylaw of the Local Union. E A Local Union cannot dissolve itself. A Local Union cannot withdraw from the United Brotherhood so long as two members in good standing object thereto. F In communities where there are not a sufficient number of per sons eligible for membership in the United Brotherhood to form a Local Union, the Representative, or some other person designated by the General President, shall have the power to initiate applicants in
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such localities and provide such members with Dues Books, Consti tutions, etc. Members so initiated shall be under the jurisdiction and shall pay dues to the Local Union designated by the Representative. G Each Local Union is responsible for the carelessness or negli gence of its officers. H All Local Unions and Councils are prohibited from sending out circulars or appeals asking for financial aid from any other Local Union or Council of the United Brotherhood, except by and with the approval of the General Executive Board. The donation coverage of any member may not be changed I from Donation Schedule I to Donation Schedule 2, or from Dona tion Schedule 2 to Donation Schedule I without the written approval of the General President. Members may not change coverage status from Donation Schedule 2 to Donation Schedule I after reaching their fiftieth birthday. J The geographical or trade jurisdiction of any Local Union may not be changed without the written approval of the General President.

jurisdictional area and trade autonomy of such District or Regional Council subject to appeal. No Local Union may withdraw from such a District Council or Regional Council without approval of the Gen eral President. C District Councils and Regional Councils may be formed in localities other than in cities where two or more Local Unions in adjoining territory request it, or when in the opinion of the General President the good of the United Brotherhood requires it, No Local Union shall affiliate with or withdraw from such a District Council or Regional Council without the approval of the General President. District and Regional Councils so formed shall be governed by appli cable uniform Bylaws and have the power to make laws and Trade Rules which in no way conflict with the Constitution and Laws of the United Brotherhood and which are approved by the delegates of the Councils and the General Vice President. D At any regular or special meeting of a District or Regional Council, duly called for the transaction of any business, those present shall constitute a quorum, provided seven (7) or more delegates are present. For any regular or special meeting of the Executive Com mittee of a District or Regional Council, those present shall consti tute a quorum, provided a majority of the members of the Executive Committee are present. The terms special meeting and special called meeting shall have the same meaning. E The jurisdiction of District or Regional Councils shall be deter mined in accordance with the Constitution and Laws of the United Brotherhood. The title to all property of the District or Regional Council shall be held in the name of the Trustees of the District or Regional Council and/or their successors in office or in the name of the District or Regional Council. If the property is not directly held by the Council, but instead by an entity such as a corporation, the officers of that entity shall be officers of the Council and/or their suc cessors sufficient to control the Councils interest in that property. In the event that real property is held by a District or Regional Council through a building corporation or other entity that is wholly owned
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JURISDICTION AND POWERS OF DISTRICT AND REGIONAL COUNCILS A Section 26. It is the continuing obligation of every District and Regional Council to organize workers. B Where there are two or more Local Unions located in one city, they must be represented in a District Council or Regional Coun cil unless otherwise determined by the General President. District Councils and Regional Councils shall be composed of Delegates from Local Unions of the United Brotherhood. They shall be gov erned by applicable uniform Bylaws and have the power to make laws and trade rules which in no way conflict with the Constitution and Laws of the United Brotherhood and which are approved by the delegates of the Council and the General Vice President. The General President shall have power to order such Local Unions to affiliate with such District or Regional Council, and to determine the
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by the District or Regional Council, the officers ofsuch corporation or entity shall consist solely ofcurrent officers ofthe District or Regional Council who shall be officers of the corporation or entity by virtue of their District or Regional Council officer positions. District or Regional Councils having annual receipts amounting to Fifty Thousand Dollars ($50,000.00) or more from all sources shall engage a certified or reg istered public accountant for periodic audits, but not less than once a year, and such audits shall be examined by the Trustees for com parison with the Trustees audits who shall report their conclusions in writing to the District or Regional Councils. The Trustees of a District or Regional Council shall report annually to the General Secretaiy Treasurer on Bond Report Forms supplied by the General Office.

District Councils, Industrial Councils and Local Unions, not incon sistent with the Constitution and Laws, which shall be in full force and effect pending ratification or modification by the next General Convention. J The geographical or trade jurisdiction of any Council may not be changed without written approval of the General President.
JURISDICTION OF STATE AND PROVINCIAL COUNCILS A Section 27. State and Provincial Councils may be formed in accordance with Section 6A of the Constitution and Laws. All Laws of State and Provincial Councils must be submitted to the General Vice President for approval, and all officers and members of such Councils shall be held responsible for compliance with all Laws governing the United Brotherhood.

F A District Council or Regional Council shall have the power to conduct trials ofmembers or Local Unions within its jurisdiction who have been charged with violating the Constitution and Laws, violating the District Council or Regional Council Bylaws and/or Trade Rules or violating the Trade Rules of a Local Union when such violation occurs within the District Councils or Regional Councils jurisdic tion, and impose such penalties as they may deem the case requires, subject to Sections 51 and 52 and the right of appeal under Section 53. District Councils and Regional Councils cannot debar their mem bers from working for contractors or employers not connected with Employers or Builders Associations, nor shall District Councils or Regional Councils affiliate with any central organization whose Con stitution or Bylaws conflict with those of the United Brotherhood.

B State and Provincial Councils shall have the power to make laws to govern such State and Provincial Councils, which shall in no way conflict with the Constitution and Laws of the United Brother hood, and which must be approved by the General Vice President before becoming law. C The jurisdiction of State or Provincial Councils shall be the State or Province for which they are chartered, unless otherwise pro vided in the Constitution and Laws of the United Brotherhood.

G Examining Boards may be established by District or Regional Councils or Local Unions where no District or Regional Council exists.

H The General President may authorize and charter Regional Councils to be composed of two or more Local Unions and/or Dis trict Councils. There shall be a Canada Council, with Bylaws to be approved by the General Vice President. The General Executive Board may establish uniform Bylaws I to govern State Councils, Provincial Councils, Regional Councils,
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D The title to all property of the State and Provincial Councils shall be held in the name of the Trustees of the State and Provin cial Councils and/or their successors in office or in the name of the State or Provincial Council. Ifthe property is not directly held by the Council, but instead by an entity such as a corporation, the officers of that entity shall be officers of the Council and/or their succes sors sufficient to control the Councils interest in that property. In the event that real property is held by a State or Provincial Council through a building corporation or other entity that is wholly owned by the State or Provincial Council, the officers of such corporation or entity shall consist solely of current officers of the State or Pro31

vincial Council who shall be officers of the corporation or entity by virtue of their State or Provincial Council officer positions. State and Provincial Councils having annual receipts amounting to Fifty Thou sand Dollars ($50,000.00) or more from all sources shall engage a certified or registered public accountant for periodic audits, but not less than once a year, and such audits shall be examined by the Trustees for comparison with the Trustees audits who shall report their conclusions in writing to the State and Provincial Councils. The Trustees of a State or Provincial Council shall report annually to the General Secretary-Treasurer on Bond Report Forms supplied by the General Office.

SUSPENDED AND LAPSED LOCAL UNIONS AND COUNCILS

A Section 30. If;, at any time, a Local Union, Council or other subordinate body should withdraw, lapse, dissolve, be suspended or expelled, or otherwise cease to function as a subordinate body of the United Brotherhood, all Property, Books, Charter and Funds held by, or in the name of or on behalf of said Local Union or other subordinate body must be forwarded immediately to the General Secretary-Treasurer for such use or disposition in the interests of the membership of the United Brotherhood as the General President in the exercise of his or her discretion may direct or to such Local Union(s) or Council(s) as the General President in the exercise of his or her discretion may direct.

JURISDICTION OF AUXILIARY UNIONS A Section 28. Jurisdiction of Auxiliary Unions shall be as pro vided for by the Constitution and named in their Charter.

B Auxiliary Unions may make laws to govern their members in the same manner as Local Unions, provided that such laws are not in conflict with the Constitution of the United Brotherhood or the Local Union or Councils Bylaws in the area in which the Auxiliary operates.

B The officers and members of said Local Union, Council, or other subordinate body will be held responsible for compliance with the above Section, under penalty of being prosecuted by law, and forfeiture of membership and donation in this United Brotherhood.

C Any member in good standing is permitted to become a mem ber of a Ladies Auxiliary Union.

C A member of a lapsed or suspended Local Union, if in good standing, and upon payment of any dues or assessments then unpaid, can be cleared for transfer to the nearest Local Union in the vicinity, upon application to the General Secretary-Treasurer. Once a mem ber is cleared for transfer by the General Secretary-Treasurer, such member can be transferred to the nearest Local Union without the personal attendance of the member. D In no event shall the United Brotherhood be liable for the obli gations or debts of a subordinate body, including a subordinate body which has withdrawn, lapsed, dissolved, been suspended, expelled, or otherwise ceased to function as a chartered subordinate body of the United Brotherhood.
NOMINATION, ELECTION AND APPOINTMENT IN SUBORDINATE BODIES A Section 31. The officers of a Local Union shall be a President, Vice President, Recording Secretary, Financial Secretary, Treasurer,
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ADMISSION OF LOCAL UNIONS Section 29. Applicants who wish to organize a Local Union may apply to the General Secretary-Treasurer and request the outfit necessary for the institution of a Local Union. Issuance of a charter shall be discretionary with the General President under Section 1 OA. If after investigation issuance of a charter is approved, the General Secretary-Treasurer shall forward the Charter and any administrative materials necessary to begin operations as a Local Union under the Constitution of the United Brotherhood. The Charter is at all times the property of the United Brotherhood.
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Conductor, Warden and three Trustees. The officers shall constitute the Executive Committee of the Local Union. A Business Represen tative who is not a member of the Executive Committee shall attend the meetings of the Executive Committee with voice but without vote. No member may hold more than one office or be a candidate for more than one office in a regular election, in the same subordi nate body, unless dispensation to combine the two offices has been granted by the General President. The offices of Financial Secretary and Treasurer may also be combined by a properly adopted Bylaw of the Local Union that has been approved by the General Vice President. In elections held to fill vacancies, a member who holds an office must resign said office in writing before accepting nomina tion as a candidate for another office in the same subordinate body (unless the offices are combined by dispensation) and all existing vacancies, including those left by such resignations, shall be filled by the same nominations and election. Neither the President, Treasurer, Financial Secretary nor Recording Secretary can act as Trustee.

erhood. An appointed Business Representative, Assistant Business Representative, or Organizer shall serve at the discretion of the Dis trict, Industrial, or Regional Council. No member may be appointed to or hold the position of Business Representative, Assistant Busi ness Representative or Organizer while receiving a pension under the United Brotherhood of Carpenters Pension Plan. C The regular terms of elected officers shall be three years in Local Unions and three or four years in District, Industrial and Regional Councils, or until their successors are elected, qualified and installed. D A member cannot hold office or the position of Delegate or a Committee position, or be nominated for office, Delegate or a Com mittee position, if receiving a pension under the United Brotherhood of Carpenters Pension Plan, or unless present at the time of nomina tion, except that the member is in the anteroom on authorized busi ness or out on official business, or prevented by accident, sickness, or other substantial reason accepted by the Local Union or Council from being present; nor shall the member be eligible unless working for a livelihood in a classification within the trade autonomy of the United Brotherhood as defined in Section 7 or in employment which qualifies him or her for membership, or is depending on the trade for a livelihood, or is employed by the organization as a full-time officer or representative; provided, further, that members who are life members shall not be eligible. A member must have been twelve (12) consecutive months a member in good standing immediately prior to nomination in the Local Union and a member of the United Brotherhood of Carpenters and Joiners ofAmerica for two consecu tive years immediately prior to nomination, unless the Local Union has not been in existence the time herein required, and must remain a member in good standing at all times in order to remain in the position to which he is elected or appointed. A member who retires after being elected may complete the term for which elected unless receiving a pension under the United Brotherhood of Carpenters Pension Plan. Contracting members are not eligible to be nominated
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B Where Local Unions are affiliated with a District, Industrial or Regional Council, the services of any Business Representatives, Assistant Business Representatives, and Organizers shall be pro vided by and through such Council and such Business Represen tatives, Assistant Business Representatives, and Organizers shall be appointed by the Executive Secretary-Treasurer of the Council, subject to approval of the Executive Committee of the Council, and shall be employees of the Council. All Business Representatives and Assistant Business Representatives shall be required to participate in any training program for Business Representatives which shall be established by the United Brotherhood, and all Organizers shall be required to participate in any training program for Organizers that may be designated by the General President. Local Union officers shall be required to participate in any training program established by the United Brotherhood for the Local Union officer position they hold. Council delegates shall be required to participate in any train ing program for Council delegates established by the United Broth34

1
any Local Union, District, Industrial, Regional, State or Provincial Council. G All Local Union elections shall be conducted by an Election Committee appointed by the President of the Local Union. For Council elections, all elections shall be conducted by an Election Committee appointed by the Executive Secretary-Treasurer of the Council, or by the President ofthe Council if no Executive SecretaryTreasurer position exists or if such position is vacant. No nominee for office or nominee for delegate shall be eligible to serve on such Committee. To be eligible to nominate a member for a Local Union officer, delegate or Committee position, a member must be a mem ber in good standing of the Local Union at the time of nominations. The Financial Secretary shall be available with all necessary records to establish eligibility of members to be nominated for and to hold office and to vote in any election. For purposes of determining the eligibility of members to be nominated for and to hold office and to vote in any election, the UBC membership processing system shall be used to determine whether the length of membership and mem bership in good standing requirements have been met, along with other relevant information. If more than one polling place is used, a list of eligible members shall be available at each location. The Elec tion Committee shall tabulate the vote and report to the Local Union or Council. The Chairperson of the Election Committee shall declare the result of the balloting and announce the name of the elected can didate. In the event of a tie between two candidates, the tie shall be broken by a coin toss. In the event of a tie between more than two candidates, the tie shall be broken by a runoff election. If the runoff election is conducted on the same date as the original election, the notice of the election must have so indicated. When voting machines are used the Tellers shall examine the machines before the start of the voting to see that they are properly set. A candidate, or his or her observer, may also examine the machines in conjunction with the Tellers. After the polls have closed the Tellers shall review the result of the election, fill out and sign the teller sheets giving the names of the candidates and total vote each received, which sheet shall be held
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for or hold an officer, delegate, or Committee position, nor shall a member who has been a contracting member until six months have elapsed following notification by the member to his or her Local Union in writing that he or she has ceased contracting. E Nomination of officers and delegates of Local Unions shall take place in May and the election shall take place in June. All members shall be notified by mail of the time, date and place of the nomi nating meeting and of the election, and the notice(s) shall specify all offices to be filled. Notice shall be by letter or postcard, or by a notice conspicuously placed on the front page of the union news letter or newspaper, and must be sent to the members last known address as reported to the Recording Secretary under Section 44F. Notice in newspapers or similar publications shall not constitute proper notice, but may be used as a supplementary notice. Members shall receive not less than fifteen days notice of nominations and elections, and where a combined notice is used it shall be mailed not less than thirty days prior to the date of the election. Notices of nomination and election shall be mailed not more than sixty (60) days prior to the date of such nominations and/or election. Where District Council officers are to be elected by delegates to the Council in any year in which the affiliated Local Unions hold regular election of such delegates, the election of District Council officers shall be by the incoming delegates and not by the outgoing delegates. In Local Unions that are not affiliated with a District, Regional or Industrial Council, if Business Representatives or Assistant Business Repre sentatives are elected, their qualifications, nomination, and election shall be governed by the provisions ofthis section and the same rules which apply to Local Union officers shall apply to such Business Representatives. F The election of officers and delegates shall be by secret ballot. Ballots shall be prepared in advance listing the names of all can didates nominated for election. The nominees receiving a plurality of votes shall be declared elected. Write-in votes shall neither be authorized nor permitted in the election of Officers or delegates in
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in safe-keeping by the Recording Secretary. The Recording Secretary shall preserve all ballots used and unused and all records pertaining to the election for one year following the date of the election.

H Where required or permitted by law, a qualified candidate for office shall be permitted to examine the membership list contain ing the names and addresses of all the members once within thirty days prior to the election, and a Local Union or Council shall honor reasonable requests from candidates to have their campaign litera ture mailed by the Union at the candidates expense. A candidate for office may designate a member in good standing as an observer at the poii and tabulation of the ballots. More than one observer may be appointed by each candidate as needed to adequately observe the poils and tabulation. Observers must be members in good standing. The Election Committee shall determine the number of observers permitted in each election.

The installation of Local Union officers shall take place on the I first meeting in July. In case an officer does not appear for instal lation within two regular meetings thereafter, the office must be declared vacant. All Local Unions and Councils shall provide the United Brotherhood an accurate and current listing of their officers, Council delegates, organizers, and representatives immediately fol lowing their election or appointment by entering such information on the UBC membership processing system. Any interim changes shall be entered on the UBC membership processing system imme diately following such changes.

VACANCIES IN LOCAL AND COUNCIL OFFICES A Section 32. If any officer shall fail to discharge the duties of the office for three successive meetings, without satisfactory excuse, the office shall be declared vacant by the President. This provision shall also apply to the position of Business Representatives and delegates. Failure to attend a regular or special called meeting without satisfac tory excuse shall constitute failure to discharge duties of the office at that meeting. B When vacancies occur in any elective office of a Local Union or in the position of delegate to a Council from a Local Union, the President of the Local Union may appoint a qualified member to a fill the vacancy pro tern, until such time as an election is held to fill the vacancy. When a vacancy occurs in any elective office ofa Coun cil, the Executive Secretary-Treasurer of the Council may appoint a qualified member to fill the vacancy pro tern, until such time as an election is held to fill the vacancy. If no Executive Secretary-Trea surer position exists or such position is vacant, the President of the Council may make such pro-tern appointment. C Any officer or Business Representative may be removed after due trial upon charges preferred in conformity with Sections 51 and 52 of the Constitution and Laws. D In the absence of both the President and the Vice President, the Recording Secretary shall call the meeting to order and those present shall elect a President pro tern. E Any Local Union or District Council Officer, elected Business Representative, Delegate or committee member, who applies for and is issued a Transfer Card from his Local Union shall be deemed thereby to have resigned his office or position. DUTIES OF PRESIDENT OF LOCAL UNION A Section 33. The President shall preside at all meetings, preserve order and enforce the Constitution and Laws of the United Brother hood; shall decide all questions of order, subject to an appeal to the Local Union. The President shall determine all questions of eligibil
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J A Local Union or Council may adopt a Bylaw providing that an officer or representative duly nominated and elected in accordance with the Constitution and Laws shall, by virtue of his or her office, be a delegate to a General Convention of the United Brotherhood or any other subordinate body with which the Local Union or Council is affiliated. The notices of nominations and election, and the ballot, must advise the members that the candidate elected to the office or position will be a delegate to the General Convention of the United Brotherhood or other subordinate body.
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respondence, issue all summons for special meetings, have charge of seal and affix the same on all official documents, and conduct all official correspondence. Minutes of meetings shall be safely pre served as a permanent record ofthe Local Union, in a form approved by the General Office. B The Recording Secretary shall report to the Local Union the expenditures at the close of each meeting and perform such other duties as the Local Union may direct, or as prescribed in the Consti tution and Laws of the United Brotherhood. C The Recording Secretary, when properly instructed, shall notify all members of the Local Union to present their Dues Books to the Trustees during the first month of each quarter for the purpose of comparing them with the books of the Financial Secretary. DUTIES OF FINANCIAL SECRETARY OF LOCAL UNION A Section 36. The Financial Secretary shall receive all moneys paid into the Local Union and ensure that such moneys are entered on the UBC membership processing system and shall without undue delay see that same is deposited either by paying same to the Trea surer who shall give a receipt for money received, or by directly depositing same in the Local Unions name in such bank or banks as may be designated by the Local Union. The Financial Secretary shall keep a record of all applications for membership and a correct account of each member, with full name and address, on the UBC membership processing system. The Financial Secretary shall ensure that the names and addresses of all new officers are entered into the UBC membership processing system, with the correct beginning and ending dates for terms of office, and that such information is kept up to date. B The Financial Secretary shall enter and date each payment on the members Dues Book, if applicable, and sign the same, and shall record all receipts on the UBC membership processing system and report same to the Local Union.
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ity for office, subject to an appeal to the General President under Section 53G. The President shall have the deciding vote in case of a tie, except in cases of a secret ballot vote. B The President shall appoint all committees or such other offi cers as may be necessary, unless otherwise ordered, and shall have the power to order the Recording Secretary to call special meetings when requested in writing by five members in good standing, see that bonds are procured for officers and shall perform such other duties as are required by the office. Members must be notified of special meetings in writing sent to their last known address and stat ing the date, time and place of the meeting and the business to be transacted. No business not stated in the notice shall be transacted. Special meetings may be held in conjunction with regular meetings.

C Any member entering the meeting in a state of intoxication or who disturbs the harmony thereof, or uses profane or unbecoming language during the meeting shall be admonished by the Chair. If the member again offends, he or she shall be admonished again; and for the next offense may be excluded from the room. The fact that a member is admonished or excluded from the room under this Sec tion shall not constitute a bar to the filing and processing of charges against the member based on his or her conduct at the meeting. A visiting member shall be subject to these Laws. The Chairperson shall strictly enforce this Section.

DUTIES OF VICE PRESIDENT OF LOCAL UNION Section 34. The Vice President shall assist the President in the discharge of the official duties and shall perform the duties of Presi dentin the event of the absence of the President. In the event of the death, removal or resignation ofthe President, the Vice President shall fill the office of President, until such time as a President is elected.

DUTIES OF RECORDING SECRETARY OF LOCAL UNION A Section 35. The Recording Secretary shall keep the correct minutes of each meeting, read and preserve all documents and cor
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C The Financial Secretary shall report to the Local Union as to the numerical and financial standing of the Local Union for the pre ceding month at a membership meeting of the Local Union on a monthly basis and shall be bonded as required by the Constitution and Laws of the United Brotherhood.

B The Treasurer shall make an itemized statement the first meet ing of each quarter for the preceding quarter, to the Local Union, of all moneys received and paid out, and submit books and vouchers for inspection at any time when called upon, and perform such other duties as the Local Union may require. C All moneys shall be payable by check, money order; electronic transfer, or other form of payment as authorized by the General Secretary-Treasurer. If a disbursement is made by a Local Union by electronic transfer, in addition to any necessary approval of the membership required under Section 54, the disbursement by elec tronic transfer must be approved, in writing, by two officers of the Local Union prior to the disbursement and be in compliance with any additional requirements established by the General SecretaryTreasurer for payments by electronic transfer. D The Treasurer shall be bonded as required by the Constitution and Laws of the United Brotherhood. DUTIES OF CONDUCTOR OF LOCAL UNION Section 38. In the case of those Locals which desire to use the additional oral initiation ceremony, the Conductor shall obtain the names of all candidates awaiting initiation and report the same to the President and shall conduct the candidate through the initiation ceremony, and shall perform all duties pertaining to the office, and shall be furnished an assistant when necessary. DUTIES OF WARDEN OF LOCAL UNION Section 39. The Warden shall take charge of the doors at the meeting and see that no one but members shall enter. DUTIES OF TRUSTEES OF LOCAL UNION A Section 40. The Trustees shall have the supervision of all funds and properties of the Local Union, subject to such instructions as they receive from time to time from the Local Union. The title to all prop43

D Local Unions having an established business office shall have the power, by regularly passed motion, to designate the books and other property to be kept at the office, and to delegate such duties to the Financial Secretary as may be deemed expedient for proper transaction of its business. Where no established business office is maintained, the Financial Secretary and other officers shall securely maintain, on the Local Unions behalf, any records or other property that may be in their possession, and shall make such records and other property available to authorized officers and representatives upon request.

E The Financial Secretary shall have full control of all supplies, and shall issue the same, subject to orders of the Local Union.

F The Financial Secretary shall ensure that the per capita tax is promptly sent to the General Secretary-Treasurer each month for the month preceding, together with the portion of initiation fees payable to the United Brotherhood.

DUTIES OF TREASURER OF LOCAL UNION A Section 37. The Treasurer shall receive from the Financial Sec retary all moneys collected and give receipt for and deposit same in the name of the Local Union in such bank or banks as may be designated by the Local Union. The Treasurer shall make no dis bursement without the sanction of the Local Union. All checks of a Local Union must be signed by two or more officers of the Local Union. The Executive Committee ofthe Local Union shall designate which officers shall have authority to sign checks on behalf of the Local Union, except that the Trustees of a Local Union shall not be permitted to sign checks of a Local Union.
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erty of the Local Union shall be held in the name of the Trustees of the Local Union and/or their successors in office or in the name of the Local Union. If that property is not directly held by the Local Union, but instead by an entity such as a corporation, the officers of that entity shall be officers ofthe Local Union and/or their successors sufficient enough to control the Local Unions interest in the property.

In the event that real property is held by a Local Union through a building corporation or other entity that is wholly owned by the Local Union, the officers of such corporation or entity shall consist solely of current officers of the Local Union who shall be officers of the corporation or entity by virtue of their Local Union officer positions.

receipts amounting to Fifty Thousand Dollars ($50,000) or more from all sources shall engage a certified or registered public accoun tant for periodic audits, but not less than once a year. Such audits shall be examined by the Trustees for comparison with the Trustees Audits and the Trustees shall report their conclusions in writing to the Local Union. If a Local Union is affiliated with a Council, the audit report of the certified or registered public accountant shall be provided to the Council annually.
DUTIES OF COMMITTEES OF LOCAL UNION A Section 41. All Committees shall perform the duties assigned to them within the time specified, and shall report in writing. Eligibility to serve on a Committee is governed by Section 31 D, and no per son shall be exempt from serving on a committee when called upon, except the Recording and Financial Secretaries, unless excused by vote of the Local Union, or who is already a member of some other committee. B The first person named on a committee shall chair the commit tee until another is chosen by the committee. C Any committee member who neglects or fails to perform any duty required by the Constitution and Laws of the United Brother hood may be removed by the President, with the exception of mem bers of the Executive Committee. QUALIFICATIONS FOR MEMBERSHIP A Section 42. Members admitted before January 1, 1994 and before reaching age 60 shall be covered by Donation Schedule 1 or Donation Schedule 2 and may be eligible for a funeral donation under the provisions of Section 48. Members admitted on or after January 1, 1994 shall not be covered by Donation Schedule I or 2 and shall not be eligible for any funeral donation provided in the Constitution. B Members in good standing who, on or after January 1, 1987 have or attain 50 years of continuous membership in the United
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B It shall be the duty of the Trustees to see that the Treasurer or Financial Secretary deposits all moneys received in such bank(s) as the Local Union designates. The Trustees shall see that the Record ing Secretary of the Local Union notifies the bank(s) of the names of the officers duly authorized to sign checks for withdrawals on the account, and that all disbursements are made by check, money order, electronic transfer, or other form of payment as authorized by the General Secretary-Treasurer, except that a petty cash fund for either the Financial Secretary or the Treasurer is permitted. If a disburse ment is made by a Local Union by electronic transfer, in addition to any necessary approval of the membership required under Section 54, the disbursement by electronic transfer must be approved, in writing, by two officers of the Local Union prior to the disbursement and be in compliance with any additional requirements established by the General Secretary-Treasurer for payments by electronic transfer.

C The Trustees shall audit all books and accounts of the Financial Secretary and the Treasurer, audit all receipts and accounts of any other person authorized to collect funds, examine the bank book(s) monthly, and shall report to the Local Union monthly in writing, and annually to General Secretary-Treasurer on Bond Report Forms sup plied from the General Office; and shall perform such other duties as are provided for in the Constitution and Laws of the United Brother hood or as the Local Union may direct. Local Unions having annual
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Brotherhood shall not be required to pay dues to any Local Union and the Local Union in which they hold membership shall not be required to pay per capita tax with respect to them to the United Brotherhood. Such members shall, nevertheless, retain all rights and privileges as well as other obligations of membership, and shall pay working dues while working in the jurisdiction of any Local Union or District Council that has established such working dues, work fees or supplemental working dues pursuant to Section 45C.

C A candidate to be admitted to membership in any Local Union of the United Brotherhood must not be less than seventeen (17). D A candidate must be ofgood moral character and competent to command standard wages. Candidates shall not be denied the right to membership because of their particular sex, race, color, creed or national origin. E A candidate for membership cannotjoin any Local Union other than the one in the district in which the candidate is employed unless permission is granted by the Local Union or District, Regional, or Industrial Council where employed. F A member who has been expelled from any Local Union or by a District, Regional or Industrial Council ofthe United Brotherhood shall not be eligible for membership in any other Local Union with out consent of the Local Union or District, Regional or Industrial Council, and only then by a majority vote of the members present at a meeting of the Local Union or District, Regional or Industrial Council from which the member was expelled.

No member ofthe United Brotherhood can remain in or become I a member of more than one Local Union, or any other organization of carpenters and joiners, or any mixed union of building trades workers, or any organization whose jurisdictional claims overlap or infringe upon those of the United Brotherhood, under penalty of expulsion. Any member who accepts employment under nonunion conditions during the time of a strike or lockout, or being employed as an armed guard during a strike or lockout, shall not be entitled to any donations. If a member is accused of holding membership con trary to this Section, the Executive Committee of the Local Union or District, Industrial or Regional Council shall give the member due notice of the charge, shall afford the accused a hearing and a full opportunity to present a defense. If after hearing the Executive Committee finds that the member holds membership contrary to this Section, the member shall be permitted thirty days in which to resign or withdraw from any conflicting membership and to so notify the Executive Committee. If the member fails to do so, his or her membership shall be revoked.

C Any member incapacitated by age or accident may be permit ted to obtain employment at less than the regular scale of wages with the consent of the union by obtaining a Privilege Card from the District, Industrial, or Regional Council or the Local Union where no such Council exists.

H Members who contract work or become supervisors must com ply with the Constitution and Laws of the United Brotherhood.
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J No member of a Local Union shall be eligible to vote for Offi cers or Delegates unless such member has been at least 12 consecu tive months a member ofthe Local Union and is in good standing in the Local Union at the time ofvoting, except where the Local Union has not been in existence the time here required. Retired members not working at or depending on the trade for a livelihood shall not be entitled to vote on trade movements affecting wages or working conditions or on ratifications of contracts. For purposes of deter mining eligibility to vote, the UBC membership processing system shall be used, along with other relevant information. The method of contract ratification, which may include a vote of the member ship, shall be decided by the Regional, Industrial or District Council where such a Council exists or by the Local Union if such Local Union is not affiliated with a Regional, Industrial, or District Coun cil and is not mandated by the Constitution and Laws.
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APPRENTICESHIP A Section 43. The United Brotherhood may establish Standards for apprenticeship and training programs, including skill upgrading, covering trades and industries within the United Brotherhoods juris diction. Where such Standards have been established, it shall be the responsibility of District Councils or Regional Councils, or of Local Unions where no District or Regional Council exists, to develop and implement programs complying with the Standards and approved by the United Brotherhood. A graduate of an approved apprentice ship program shall be recognized within the United Brotherhood as a journeyman at his or her trade. B Individuals participating in approved apprenticeship and skill training programs may be admitted to membership in the United Brotherhood prior to attaining journeyman certification, at the fol lowing reduced initiation fees: the initiation fee before attaining second year apprenticeship status shall be 20 per cent of the journey man fee; when admitted as a second year apprentice, 40 per cent of the journeyman fee; when admitted as a third year apprentice, 60 per cent of the journeyman fee; and when admitted as a fourth year apprentice, 80 per cent of the journeyman fee. Participants in apprenticeship and training programs shall be subject to the lawful agreements, conditions and procedures required by the Council or Local maintaining the program. Participants in approved appren ticeship and skill training programs who are members of the United Brotherhood shall comply with all lawful agreements, conditions, rules, and procedures of an apprenticeship program maintained by a Council or Local. Any member who violates this rule may be sub ject to a fine, suspension or expulsion after due notice of the charge, opportunity to defend, and hearing. C Each Regional and District Council, and each Local Union that is not affiliated with a Regional or District Council, shall contrib ute 10 cents ($. 10) per hour worked to the Carpenters International Training Fund (Training Fund) for each employee working in con struction under a collective bargaining agreement of the District or
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Regional Council or Local Union that does not provide for contribu tions to the Training Fund. In the event that a collective bargaining agreement of a Regional or District Council or Local Union that is not affiliated with a District or Regional Council provides for contri butions to the Training Fund and the required contribution for each employee working under the agreement in construction is less than 10 cents ($.10) per hour worked, the Regional or District Council or Local Union shall contribute to the Training Fund an amount equal to the difference between 10 cents ($10) and the amount of the per hour contribution provided for in the collective bargaining agreement for each hour worked under the agreement by an employee working in construction. Payments made to the Training Fund pursuant to this provision shall be due by no later than the first day of the third month following the month in which the work was performed. Con tributions to the Training Fund pursuant to this provision shall be a standing appropriation and shall not require the vote of the Local or Council. The General Executive Board is authorized to reduce the amount of contributions payable by any Local Union or Council pursuant to this section in the event that the Board determines, in its sole discretion, that a reduction is warranted. This provision shall be effective as of July 1, 2011.
ADMISSION OF MEMBERS A Section 44. The General President shall authorize the use of a Membership Application form containing the Obligation. Where an applicant signs such an application, and makes a payment, thereby becoming bound by the Obligation, action of the investigating committee or approval of the membership shall not be required for admission to membership. A candidate qualified and who desires to become a member of any local union of the United Brotherhood must fill out and sign the regular application. The Financial Secretary shall forward completed membership applications to the General Secretary-Treasurer and shall enter the names and addresses of all applicants and new members into the UBC membership processing system.

B The application ofthe candidate must be presented to the Finan cial Secretary, with the full initiation fee, which (except for appren tices) shall be not less than Forty Dollars ($40.00) for individuals who work in construction and not less than Twenty-Five Dollars ($25.00) for individuals who do not work in construction, and a sum equal to the current months dues. An applicant may be permitted to pay the initiation fee in installments over a period not to exceed 90 days. In such cases the applicant shall deposit dues for each month commencing with the month of application. When the applicant is accepted into membership his or her membership shall date from the day of application. If an applicant fails to complete payment of the initiation fee within 90 days (or such period not to exceed an additional period of 60 days which may be granted by the Local Union for good cause), the applicant shall forfeit all amounts paid for dues or initiation fees and can only join by filing a new applica tion to be processed in accordance with this Section. The initiation fee and dues paid shall be retained by the Local Union or District or Regional Council, except for per capita to the United Brotherhood for all months for which dues were deposited whether or not the applicant becomes a member. Applicants for membership permitted to pay the initiation fee in installments shall not be eligible to trans fer until six (6) months after completing all installment payments. While an applicant he or she shall not be eligible to transfer. C The new member shall be supplied with a Dues Book, or the equivalent, and a copy of the Constitution and Laws of the United Brotherhood and Bylaws and Working Rules of the District. Local Unions using check-offs are not required to issue dues books, except when a transfer is granted under Section 46, or as otherwise needed. D Each member will be entitled to all the rights and privileges ofthis Brotherhood as prescribed in the Constitution and Laws of the United Brotherhood by strictly adhering to the Obligation as prescribed. E

or deedany of the business of this United Brotherhoodunless legally authorized to do so. Ipromise to abide by the Constitution and Lawsand the will ofthe majorityobserve the By Laws and Trade Rulesestablished by Local Unions and Councilsaffiliated with the United Brotherhoodand that I will use every honorable meansto procure employment for brother and sister members. I agree that I will ask for the Union Labeland purchase union made goodsand employ only union laborwhen same can be had. And I further agree thatif at any time it should be discovered that I have made any misstatementsas to my qualfications for membershipI shall be forever debarredfrom membershipand donations in this order. I pledge myse(fto be obedient to author ity- orderly in the meetingsrespec(ful in words and actionsand charitable injudgement ofmy brother and sister members. To all ofthis I promise andpledgemy most sacred word and honorto observe and keepand the same to bind meas long as I remain a member ofthis Brotherhood. And Ifurther affirm and declare that I am not now affiliated withand never willjoin or give aid comfortor support to any organization that tries to disrupt any Local UnionDistrict CouncilRegional CouncilState or Pro vincial Council or the International Bodyofthe United Brother hood ofCarpenters and Joiners ofAmerica. Members in good standing may visit any Local Union.

OBLIGATION I do, of my own free will and accord, solemnly and sincerely promiseon my sacred honorthat I will never revealby word
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F Each member is required to keep the Recording Secretary and Financial Secretary properly notified of correct place of residence and any change of same, and shall be assessed administrative costs of One Dollar ($1.00) if this information is not kept current. G A member can remain a contractor or enter into the business of contracting, provided the member becomes signatory to and com plies with the United Brotherhood collective bargaining agreement covering his work, obeys trade rules and complies with the Constitu tion and Laws of the United Brotherhood. Any violation of this rule shall be punished after due trial by a fine or expulsion. A contracting member shall not be eligible as an officer, business representative,
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or delegate of a Local Union or eligible to vote for officers, business representative(s), and delegates and shall not be eligible to vote on the wage question. H An ex-member desiring to rejoin the United Brotherhood may be readmitted only as a new member, subject to such readmission fee as provided for in the Bylaws of the Local Union or Council where application for membership is made. The Local Union or Council readmitting the ex-member shall ascertain the reason he or she was dropped from membership and if dropped for nonpayment of dues, shall collect an additional sum of Fifty Dollars ($50.00). Also if said ex-member owed any fines or assessments at the time of being dropped from membership in the Brotherhood, the Local Union or Council readmitting such ex-member shall collect the amount of the indebtedness and forward it to the Local Union or to the Council to which it is due. If an ex-member does not pay any such indebtedness, the ex-member may not be accepted for readmission unless dispensa tion is granted by the General President. An ex-member desiring to rejoin a Local Union in the same subdivision of the trade in which he previously held membership shall not be required to take an examina tion with respect to his qualifications in that subdivision of the trade. The General Executive Board shall have the power to set the I maximum initiation fee for all Local Unions and District Councils. Special dispensation to lower the initiation fee may be granted by the General President for organizing purposes by written request for periods up to twelve months and same may be renewed.

FINANCES AND DUES A Section 45. The minimum dues in all Local Unions shall be established in an amount not less than Fifteen Dollars and Eighty Cents ($15.80) per month for Schedule I Local Unions and Thir teen Dollars and Ninety Cents ($13.90) per month for Schedule 2 Local Unions, to be paid by all members. The minimum dues shall be increased by the amount by which the per capita tax provided in Section 45D, E or F is increased by action of any Convention of the
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United Brotherhood, as of the effective date of any such increase in per capita tax. Whenever, in the judgment of the General President, the dues established by any Local Union or per capita tax by a Dis trict Council appear inadequate to enable the Local Union or District Council to function properly and in accordance with the Constitution and Laws of the United Brotherhood, the General President shall have the authority to make a survey of the finances of such Local Union or District Council. Upon completion of the survey the Gen eral President shall submit a report to the General Executive Board. The General Executive Board is authorized and empowered upon the basis of the survey to establish the proper amount of such dues. The General Executive Board is also authorized and empowered to establish a minimum fee to be paid by each member for a working card. The amount of monthly dues payable by each member to his or her Local Union shall be increased by the amount by which the per capita tax provided in Section 450, E or F is increased by action of any Convention of the United Brotherhood, as of the effective date of any such increase in per capita tax. When a Local Union raises its dues, initiation fee or levies an assessment, a secret ballot vote shall be taken at a special or called meeting. All members shall be notified by mail of time, place, and purpose of the vote. All members in good standing shall be eligible to vote. All assessments must be approved by the General President. B Monthly dues are due on the first day of each month, but a member does not fall in arrears until the last day of the month in which the member owes three months dues. No officer or mem ber shall be exempt from paying dues or assessments, nor shall the same be remitted or canceled in any manner. Credit for payment of any months dues will not be granted based on partial payments but only on full payment ofthat months dues. AlL non-checkoffmonthly dues shall be considered paid on the date that payment is received at the Local Union. C Any Local Union, District Council or Regional Council may establish working dues, dues checkoff, supplemental work dues or
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work fees payable to the Local Union or Council by members work ing in its jurisdiction. If a member who owes such dues or fees fails to pay them as provided by the Local Union, District Council, or Regional Council, such dues or fees shall be charged to the member by the Financial Secretary by notice in writing that same must be paid within 30 days to entitle the member to any privilege, rights or donations. If the member does not make payment of arrears within the time prescribed, the member shall not be in good standing and he or she shall be notified in writing by the Financial Secretary that unless the amount owing is paid within thirty (30) days thereafter his or her name shall be stricken from membership. Notices shall be sent to the last known address of the member as reported by the member to the Local Union. In cases of such assessments, working dues or fees owed to a District or Regional Council, notice to the member by the District or Regional Council shall satisfy the requirements of this Section. No officer or Business Representative, and no mem ber receiving benefits of a collective bargaining agreement, shall be exempted from paying dues or fees established pursuant to this Sec tion, nor shall the same be remitted or canceled in any manner. D Each Local Union shall pay to the General Secretary-Treasurer Forty Dollars ($40.00) on each new member admitted (except first year apprentices) who works in construction, and except as provided in Section 50, Eleven Dollars ($11.00) per month for each member in good standing working in construction and each non-member working in construction for whom an agency shop or similar fee is received. All such revenue shall be used for the general management ofthe United Brotherhood. E Each Local Union shall pay to the General Secretary-Treasurer Twenty-Five Dollars ($25.00) on each new member admitted who does not work in construction, and except as provided in Section 50, Seven Dollars ($7.00) per month for each member in good standing not work ing in construction and each non-member not working in construction for whom an agency shop or similar fee is received. All such revenue shall be used for the general management of the United Brotherhood.
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F Local Unions whose members were classified as Benefit Schedule I members as of December 31, 1993 shall be subject to the per capita rates set forth in Section 45D on January 1, 1994 and thereafter. Local Unions whose members were classified as Benefit Schedule 2 members as of December 31, 1993 shall be subject to the per capita rates set forth in Section 45E on January 1, 1994 and thereafter. Local Unions having members who, prior to January 1, 1994, received the United Brotherhood disability donation or joined at age 60 or older, shall pay Six Dollars and Ten Cents ($6.10) per month effective January 1, 1996, for each such member to be used in the general management of the United Brotherhood, and each such member who received a disability donation prior to January 1, 1994 shall pay the minimum dues set forth in Section 45A, unless eli gible for reduced dues under Section 50. No exception shall be made except upon written approval of the General President. G The per capita tax shall be held as a standing appropriation. An order for the same shall be signed by the President and Recording Secretary without requiring a vote of the Local Union. Per capita tax includes the amounts prescribed under Sections 45D, 45E, 45F and 50 for all members, applicants on applicant billing, persons for whom an agency shop or similar fee is received, and members on reduced dues as provided in Section 50. United Brotherhood of Car penters and Joiners of America Pension Plan contributions required under Section 59 shall also be a standing appropriation. H The term general management of the United Brotherhood as used in Sections 45D, 45E, 45F and 50 shall include the establishment and maintenance of a Defense Fund. The General Executive Board is authorized to establish and maintain such a Defense Fund, to allocate a portion of the assets of the United Brotherhood to establish such a Fund and to allocate a portion of the per capita tax of the United Brotherhood to the maintenance of such a Defense Fund. The alloca tion of the per capita tax to the Defense Fund may be increased or decreased from time to time as determined by the General Executive Board. The Defense Fund shall be established and maintained for the

purpose of enabling the United Brotherhood to combat the forces at work throughout our jurisdiction which seek to destroy or limit the United Brotherhood and its subordinate bodies in achieving our legal aims of protecting the rights of its members and prospective members and in carrying out the objects and principles of the orga nization. A member who owes three months dues shall be automatically I reported as in arrears on the UBC membership processing system on the last day of the third month and per capita tax deducted only for the third month. When the member pays dues to keep within the six months limit, but does not square the current month, starting with the third month of his or her arrearages or any month thereaf ter, arrears tax will be charged for the dues paid for that month or months. When the member squares his or her arrearage by paying all back dues and the current months dues, per capita tax for the unpaid months will be charged. J It is the duty of the members of a Local Union to see that the per capita tax of the Local Union is promptly paid. Therefore, when a Local Union is three months in arrears to the United Brotherhood or to a District Council in payment of per capita tax, the General President may suspend payment of all donations to the Local Union or its members, and such Local Union shall not be entitled to repre sentation in a District, State or Provincial Council or other chartered body of the United Brotherhood. When a Local Union is six months in arrears to the United Brotherhood or to a District, Industrial, or Regional Council in payment of per capita tax, its charter may be revoked by the General President. The Local Union shall be so noti fied and shall, upon notice by the General President, cease to exist and shall return its charter to the General Secretary-Treasurer, and the Local Union and its members shall comply with the provisions of Section 30. The General President may grant dispensation for the Local Union to continue to operate provided it agrees to and complies with arrangements established by the United Brotherhood for payment of arrearages.
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K A member who owes the Local Union two months dues shall be notified by mail, in an Address Correction Requested envelope, at last known address by the Financial Secretary, not later than the fifteenth th) day of the second month that such dues are late and that pay 5 (l ment should be made immediately. A member who owes the Local Union three months dues shall be notified by mail, in Address Cor rection Requested envelopes, at last known address by the Financial 15 ( day of the third month of Secretary, not later than the fifteenth th) paid before the last day not said delinquency, that if said arrearages are of the third month that the member will no longer be in good stand ing, will not be entitled to vote on union matters, will not be entitled to the Password, or a seat, or office in any meetings of any Local Union or Council, and will be suspended from benefits of funeral donation, until the member squares up entirely all of the indebtedness (including dues for the month in which the member squares up the arrearages). Such member shall further be notified that he or she will not be entitled to any donations during the time of such arrearages or for a three-month period from the date of squaring all arrearages. L A member who owes three months dues or who has not squared his or her arrearage in full shall not be entitled to a seat, or office in any meetings of a Local Union or Council and is not in good stand ing and is not entitled to vote. M A member who owes a Local Union five months dues shall be notified by mail, in Address Correction Requested envelopes, at the last known address by the Financial Secretary not later than the 15th day of the sixth month of said arrearage. Unless dues are paid by the end of the sixth month, the members name shall be stricken from the list of membership without a vote of the Local Union. N Local Unions may impose an assessment not to exceed Five Dollars ($5.00) for each notice mailed pursuant to the requirements of Paragraphs K and M, above, to be paid by the member to whom such notice is sent. O All fines imposed and assessments legally levied including strike assessments, and working dues, dues checkoft supplemental

performed. This per capita tax shall be held as a standing appropria tion and shall not require a vote of the Council or the membership of an unaffihiated Local Union. This per capita tax shall be in addition to any per capita tax owed by a Local Union that is not affiliated with a Council pursuant to Sections 45-D, 45-E, 45-F or 50. TRANSFERS A Section 46. A member who desires to transfer from one Local Union to another Local Union must surrender his or her working card to the Financial Secretary, who shall clear the member for trans fer on the UBC membership processing system if such member is eligible for transfer. Any Local Union or Council may make applica tion for a transfer on behalf of a member at the members request. To be qualified to be cleared for transfer, a member must have been a member of the United Brotherhood of Carpenters and Joiners of America for at least six (6) months, be in good standing, and have paid all monthly dues owed, including the current dues for the month in which the clearance is to be issued. It shall be compulsory, except in case of strike or lockout, for the Local Union to clear such member for transfer, providing the member has no charges pend ing and pays all arrearages, together with current months dues. All dues in excess of month of issue shall be refunded to the member or be refunded upon request to the Local Union accepting transfer. A member against whom charges are pending and who desires to trans fer may be required to deposit a sum not to exceed One Hundred Dollars ($100.00) in escrow with the District or Regional Council or Local Union where no District or Regional Council exists. Clear ances for transfer shall expire thirty (30) days from date of issue. It shall be optional with the Local Union or Council to clear a member for transfer in a jurisdiction where a strike or lockout is in effect. A member may leave such jurisdiction without a clearance for trans fer to seek work in another jurisdiction where no strike or lockout exists, provided the member presents a statement over the seal of the Local Union or Council in which membership is held, showing that a strike or lockout is in effect in said jurisdiction. A District or Regional Council may by a Bylaw properly adopted and approved
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work dues or work fees duly established under Section 45C, shall be charged by the Financial Secretaiy to the member from whom due, and the member shall be notified in writing that same must be paid within thirty (30) days to entitle the member to any privilege, rights or donations. If the member does not make payment within the time prescribed, the member shall not be in good standing and he or she shall be notified in writing by the Financial Secretary that unless the amount owing is paid within thirty (30) days thereafter his or her name shall be stricken from membership, except in case of a fine where an appeal is pending. Notices shall be sent to the last known address of the member as reported by the member to the Local Union. In cases of fines, assessments or such dues or fees owed to a District, industrial or Regional Council, notice to the member by the District, Industrial or Regional Council shall satisfy the requirements of this Section. P It shall be the duty of a members home Local Union to promptly charge and collect, in accordance with the provisions of Sections 45C and 450, all fines imposed and assessments legally levied, and all dues and fees imposed under Section 45C, against such member by any other Local Union, District Council, Industrial Council, or Regional Council, upon written request of such other Local Union or Council, and to forward same to the Local Union or Council to which the amount is owed. If a Local Union fails to comply with this duty the General President may suspend payment of all donations to the Local Union or its members. pay Q A member who owes a fine or assessment may continue to450. Section under membership from dues unless and until stricken R Effective July 1, 2011, all District and Regional Councils and Local Unions that are not affiliated with a Council shall pay a per capita tax to the General Secretary-Treasurer equal to Five Cents ($.05) for each hour worked by members of the United Brotherhood in construction under a collective bargaining agreement within the jurisdiction of the Council or unaffiliated Local, as applicable, per month. Such per capita tax shall be paid to the General SecretaryTreasurer for each month beginning with July of 2011 by the first day of the third month following the month in which the work was
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the member for transfer shall pay to the General Secretary-Treasurer the tax for said member for the month only in which the clearance for transfer is issued, and membership will remain in the Local Union clearing the member for transfer until the member transfers into another Local Union. When a Local Union transfers a member into its Local Union, the member shall be considered, for per capita tax purposes, a member of the Local Union effective the first day of the month following the month in which the transfer was issued. E Any General Officer, while employed by the United Brother hood, shall not be required to take a transfer from the Local Union in which the General Officer holds membership at the time of election or appointment. F On entering a Local Union a member who has been cleared for transfer shall present his or her Dues Book or its equivalent to the Local Union office. If the clearance for transfer on the UBC membership processing system and Dues Book are in order; and the identity of the member established, the member shall be admitted to the Local Union as a member thereof, provided there is no strike or lockout in effect in that district, and the membership shall be so notified at the next regular meeting. G The Local Union clearing the member for transfer shall refund to the member all dues in excess of the current month. The Finan cial Secretary who transfers the member into the Local Union shall immediately report the same to the Financial Secretary who cleared the member for transfer. RESIGNATION OF MEMBERS A Section 47. A member can withdraw or sever connection with the United Brotherhood by submitting a clear and unequivocal res ignation in writing to the Local Union. A member who resigns can only be readmitted as a new member. B A member in good standing who resigns with current dues paid may be given an Honorary Resignation Card indicating honorary withdrawal from the United Brotherhood if the member truthfully
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restrict the use of transfers among Local Unions within the District or Regional Council area. 13 It is compulsory for the member to report to the office of the Local Union or District or Regional Council, to request a transfer into the Local Union before securing work, and comply with all local laws. And, in no case shall the Financial Secretary accept dues other than to secure a transfer from a member working in the jurisdiction of any other Local Union or Council without the consent of such Local Union or Council. It shall be the duty of the Financial Secre tary accepting dues from a member for transfer who is working in another jurisdiction to immediately report same to the Council or Local Union where no Council exists. C A member who desires to work in another jurisdiction and who does not wish to transfer membership, shall before going to work notify the Local Union, District Council, or Regional Council in the jurisdiction where work is secured. The member shall be subject to any working dues or other charges established in the area pursuant to Section 45C or 55B. The member shall not be required to pay build ing or other assessments payable by members of the Local Union! District or Regional Council in the jurisdiction in which the work is secured, unless the General President approves of the application of such assessment to members from other areas who are working within the jurisdiction ofthe Local Union or Council. Such member will be required to notify the Local Union or Council upon his or her departure from their jurisdiction. The General Executive Board may establish procedures to govern Working Permits with respect to specially trained workers employed by specialty or specialized contractors who hold agreements with United Brotherhood. Subject to the approval of the General Executive Board, where the General President finds it to be in the best interest of the members, locally or at large, the General President may establish such policies or proce dures with respect to Working Permits as the General President may find to be appropriate. D No Local Union shall have the right to collect dues again for the month paid on a member in transfer status. The Local Union clearing
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affirms in writing that he or she is leaving the industry unless it is known that the resignation has been submitted for the purpose of violating Trade Rules. Such card shall be furnished by the General Secretary-Treasurer on application by the Local Union. Within 24 months of honorary withdrawal, an ex-member who in fact left the industry may be readmitted to membership without payment of any initiation fee. If such member pays all back dues for the period of withdrawal, he or she will maintain the previous initiation date and as per Section 45K will regain donation status three months after the date of readmission but time during which the member is on with drawal shall not be counted as time in good standing for the purpose of computing donations. If the member chooses not to pay all back dues but commences paying dues as of the current month, he or she will be given a new initiation date as of the date of readmission and shall be treated as a new member. In either event, voting rights in accordance with Section 42J will be reestablished upon completion of 12 months consecutive membership in the Local Union follow ing readmission, and such member cannot be nominated for or hold office under the terms of Section 31 until 24 consecutive months after readmission. The foregoing readmission privilege may not be used more than once in a 3-year period. When a member resigns, or is expelled, or an applicant as covered by the Constitution and Laws of the United Brotherhood, who works to the detriment of the United Brotherhood, the Local Union, District Council, or Regional Council may place a special initiation fee against such person, not to exceed Fifty Dollars ($50.00) over their regular initiation fee for new or ex-members as provided for in their Bylaws.

payment of initiation fee. If at the time the member so reactivates membership the member pays all back dues, he or she will maintain the previous initiation date and as per Section 45K will regain dona tion status three months after the date of reactivation of membership at the Local Union level but time during which the member is on conditional withdrawal will not be counted as time in good stand ing for the purpose of computing donations. If the member chooses not to pay all his or her back dues but commences paying dues as of the current month, he or she will be given a new initiation date as of the date of readmission and shall be treated as a new member. When any member on conditional withdrawal reactivates his or her membership, voting rights will be reestablished immediately after reactivating membership but such members cannot hold office or be nominated for office until 24 consecutive months after reactivation of membership at the Local Union level and must satisfy the require ments of Section 31.

CONDITIONAL WITHDRAWALS C A member employed under an industrial agreement (nonconstruction member) at time of layoff (involuntary cessation of employment) whose dues are paid up for the current month may request conditional withdrawal. If within 24 months the member reapplies, the member can reactivate his or her membership in the Local Union in which conditional withdrawal was granted without
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MEMBERS ENTITLED TO FUNERAL DONATIONS A Section 48. A funeral donation is payable for an eligible mem ber, according to the Donation Schedules below. An eligible member is a person admitted to membership in the United Brotherhood before January 1, 1994, who was not over sixty (60) years of age at the time of admission, who dies while in good standing and at least three months after fully squaring any arrearages in monthly dues, and who has at least thirty (30) years continuous membership under Schedule 1 or2 at the time of death. Members admitted before January 1, 1994 shall retain the Schedule classification they had as of December 31, 1993 subject to the provisions of Section 251, provided that members who work in construction shall not be eligible for Schedule 2 status. Donation Schedule 1: An eligible member with thirty (30) years continuous membership and Schedule 1 status at the time of death, qualifies for a $1,000 funeral donation. Donation Schedule 2: An eligible member with thirty (30) years continuous membership and Schedule 2 status at the time of death, qualifies for a $300 funeral donation.
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B The purpose of the funeral donation is to see that the deceased member is respectably interred; therefore, on the death of a member in good standing as defined in Section 45, the donation shall be paid in the following order of priority: (1) To any person (including the estate of the deceased member) presenting satisfactory proof that he or she has paid the funeral bill, in an amount not to exceed the full donation or the amount of the bill, whichever is the lesser; (2) if no satisfactory proof, as called for in (I), is received within sixty (60) days after the members death, or if there is a remainder after payment is made under (1), the full donation, or the remainder, may be paid to (a) the surviving spouse, if any; (b) if there is no surviving spouse, to one or more of the surviving children, if any, in amounts to be determined in the sole discretion of the General Secretary-Treasurer; (c) if there are no surviving spouse or children to the estate of the deceased. If it appears to the satisfaction of the General Secretary-Treasurer that there are insufficient assets of the deceased to warrant opening of an estate, payment may be made in the sole discretion of the General Secretary-Treasurer, to the person who has accepted responsibility to see that the deceased is respectably interred. C All revenues of the United Brotherhood, including those pro vided for payment of Donations under the Constitution, are part of the United Brotherhoods assets for the general management of the union and may be subject to the claims of general creditors of the United Brotherhood. If claims of general creditors of the United Brotherhood or other circumstances should require use of such rev enues, it could be necessary to reduce or terminate Donation pay ments provided for under the Constitution.

B All applications for donations with respect to members whose death occurs prior to January 1, 2006 must be filed with the General Secretary-Treasurer within six months from the date ofdeath, failure to do so shall invalidate the claim. All applications for donations with respect to members whose death occurs on or after January 1, 2006 must be filed with the General Secretary-Treasurer within twelve months from the date of death, failure to do so shall invali date the claim. If a claim is disapproved by the General SecretaryTreasurer, the party or parties shall have the right to appeal to the General Executive Board any time within three months from the date of disapproval. C Upon receipt of a claim, the General Secretary-Treasurer shall investigate the same and, if approved, shall at once forward to the Financial Secretary a bank check or draft for the amount of the dona tion due and payable to the person entitled to receive it. D Any officer, member or Local Union making use of improper means to obtain donations, or who shall make false statements or know ingly presents or signs any claim ofa fraudulent character for donations, upon proof thereof when properly charged and if found guilty, may be fined, suspended or expelled from the United Brotherhood.

APPLICATION FOR DONATIONS A Section 49. The person applying for donation shall present to the Local Union concerned a certificate of death, and, if approved by the Local Union, the same shall be forwarded by the Financial Secretary to the General Secretary-Treasurer, with the United Broth erhoods donation application form properly completed and with all other papers required.
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REDUCED DUES A Section 50. Dues for members who are no longer working at the trade, who are age 65 or oldet; and who have not less than 30 years con tinuous membership, shall be Six Dollars ($6.00) per month. The Local Union shall pay to the General Secretary-Treasurer Four Dollars ($4.00) per month per capita tax for each such member. All such revenue shall be used for the general management of the United Brotherhood. B Dues for members who are no longer working at the trade and who are totally disabled shall be Six Dollars ($6.00) per month. The Local Union shall pay to the General Secretary-Treasurer Four Dollars ($4.00) per month per capita tax for each such member. All such revenue shall be used for the general management of the United Brotherhood. For purposes of this section, a member shall be consid
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ered totally disabled if drawing a Social Security Disability pension, or a Canada Pension Plan or Quebec Pension Plan Disability Pen sion in Canada.

(9) Crossing or working behind a picket line duly authorized by any subordinate body of the United Brotherhood. (10) Failure to meet transfer procedures before going to work in a locality where a strike or lockout is pending or in effect. (11) Lumping for any owner, builder, contractor manufacturer or employer. (12) Violating the Obligation. (13) Soliciting or accepting contributions, by a candidate for any elective office or position, from other than members of the United Brotherhood. B Any member charged with violating the Bylaws and Trade Rules of the locality in which he or she is working may be charged and tried in accordance with Section 52, and if found guilty may be fined in an amount not in excess of Three Hundred Dollars ($300) by the Local Union, District Council, Regional Council, or Industrial Council having jurisdiction, except that no Industrial Local Union or Industrial Council may conduct a trial with respect to charges filed against a member or impose a fine against a member unless such member is an officer of a Local Union or Council. C No officer, representative or member ofthe United Brotherhood or any Council or Local Union shall be subject to charges or trial based on their actions in complying with or assisting or cooperating in implementing any instructions, directions or rulings ofthe United Brotherhood or any General Officer. D A member against whom charges have been preferred, may attend meetings until the charges have been disposed of. An offi cer, business representative, delegate, or committee member may be suspended from office by a majority vote of the members of a Local Union at a regular meeting, or by a majority vote of delegates to a District Council or Regional Council or members of the Executive Committee ofan Industrial Council while the case is pending. Where a Local Union is affiliated with a District or Regional Council, only the District or Regional Council shall have the authority to vote such
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OFFENSES AND PENALTIES A Section 51. Any officer or member found guilty after being charged and tried in accordance with Section 52, for any of the fol lowing offenses, may be reprimanded, fined, suspended or expelled only by a majority vote of the members of the Local Union present at a regular meeting, or of the delegates to the District or Regional Council having jurisdiction of the offense. No Industrial Local Union or Industrial Council, however, may reprimand, fine, suspend, or expel a member unless such member is an officer ofa Local Union or Council or was an officer of a Local Union or Council at the time of the alleged offense. In cases of Industrial Councils, reprimands, fines or suspensions of membership rights may be imposed by majority vote of the Executive Committee. Expulsions may be ordered only by majority vote of the delegates to the Industrial Council. (1) Causing dissension among the members of the United Brotherhood. (2) Advocating division of the funds of the United Brotherhood or any subordinate body thereof. (3) Advocating separation of any subordinate body from the United Brotherhood. (4) Misappropriating the funds of any subordinate body, or any moneys entrusted to him or her by a member or candidate for the account of any subordinate body. (5) Improper harassment of any member of the United Brotherhood. (6) Defrauding the United Brotherhood or any subordinate body. (7) Furnishing to any unauthorized person, without the consent of the Local Union, a list of the membership. (8) Divulging to any unauthorized person, the business of any subordinate body without its consent.
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a suspension. Where a Local Union is affiliated with an Industrial Council only the Industrial Council Executive Committee shall have the authority to vote such a suspension. An officer or Business Rep resentative may be suspended without pay but if such an officer or Business Representative is found not guilty of all charges, by a Trial Committee or on appeal, he or she shall be entitled to recover all back pay withheld from the Local Union, District or Regional Coun cil, or Industrial Council.

CHARGES AND TRIALS A Section 52. Any member charged with an offense under Section 51 or Bylaws or Trade Rules shall be given a fair and impartial trial, and must exhaust all remedies allowed by Sections 52 and 53 before taking the case to the civil courts.

promptly to the Executive Committee of the Local Union, District Council, Regional Council or industrial Council. (1) The Executive Committee shall dismiss any charge alleging a violation described in Section 51 A that is filed more than six (6) months after the date the violation occurred or reasonably should have been discovered; any charge alleging a Bylaw or Trade Rule violation that is filed more than thirty (30) days after the violation occurred or reasonably should have been discovered; and any charge that the Committee determines is without sufficient foundation or does not conform to the provisions of Paragraphs B and C above. (2) If the Executive Committee determines that charges conform to the provisions of Paragraphs B and C above, the member shall be notified in writing to appear before the Executive Committee. The charges shall then be processed according to one of the following alternatives: (a) The Executive Committee may dismiss the charges for a reason stated in Paragraph I above or because the accuser fails to appear before the Executive Committee after being notified in writing to appear before the Committee. (b) The Executive Committee may refer the charges for trial to the Local Union or District or Regional Council, or to the Trial Committee of the Industrial Council. (c) A Local Union, District Council, Regional Council, or Industrial Council may adopt a procedure whereby an accused may plead guilty to specific charges, agree to pay a fine or to a reprimand acceptable to the accused and Local Union or Council and waive trial and all appeals (other than an appeal alleging violation of the waiver agreement). The waiver agreement must recite the Sections allegedly violated and the specifications for the charges. E All charges referred to a Local Union, District Council, or Regional Council must be read at a meeting, and the member must
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B A member must be charged and tried within the jurisdiction of the Local Union, District Council, Regional Council, or Industrial Council where the offense was committed. Where a District Council, Regional Council or Industrial Council exists, all charges shall be filed in and tried by the District Council, Regional Council, or Indus trial Council. Provided, however, that the General Executive Board shall have jurisdiction to initiate and conduct trials pursuant to the provisions of Section 14D. Where a District Council, Regional Coun cil or Industrial Council is under supervision, the General President may authorize the filing and processing of charges in an affiliated Local Union. Furthermore, no charges may be filed in or tried by an Industrial Local Union or Industrial Council unless the member charged is an officer of a Local Union or Council or was an officer of a Local Union or Council at the time of the alleged offense.

C All charges must be in writing, must specify the particular Para graph of Section 51 or the particular Bylaw or Trade Rule violated, and must contain a brief statement ofthe facts upon which the charge is based. D When charges are filed in the Local Union, District Coun cil, Regional Council or Industrial Council, they shall be referred
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I
case, the names of the challenged members shall be stricken from the list. After the time for challenges has expired, the Local Union, District Council, or Regional Council President shall appoint five members of the standing Trial Committee to hear the case and the case shall be given to them for trial. (3) The President of an Industrial Council shall appoint a standing Trial Committee consisting of eleven members from among the members of the Local Unions affiliated with the Industrial Council. If the Secretary receives timely notice of challenges in any case, the names of the members challenged shall be stricken from the list. After the time for challenges has expired, the Secretary shall appoint five members of the standing Trial Committee to hear the case and the case shall be given to them for trial. G Any officer or member who is a party to or directly interested in any case in a Local Union, District Council, Regional Council, or Industrial Council, shall not be permitted to act as a member of the Trial Committee. Members of the Local Union Executive Com mittee (where charges are processed in a Local Union), or mem bers of the District Council, Regional Council or Industrial Council Executive Committee (where charges are processed in a District Council, Regional Council or Industrial Council) shall not be per mitted to act as members of the Trial Committee. Where sufficient eligible delegates are not available to form a Trial Committee panel, a District or Regional Council may draw upon members of affiliated local unions. H At the request of the Chairperson of the Trial Committee, the Recording Secretary of the Local Union or the Secretary of a Dis trict Council, Regional Council, or Industrial Council, shall, without delay, summon the accused and accuser in writing, together with all witnesses whose names have been submitted in writing, and the case shall be tried on such date(s) as the Chair shall determine. The accused and the accuser may appear before the Trial Com I mittee in person and/or by counsel (who shall be a member of the
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be notified by registered or certified mail by the Recording Secretary of the Local Union or Council to be present at such meeting, and at the same time shall be furnished by the Recording Secretary with a copy of the charges specified. If a standing Trial Committee has been established, the notice shall list the names of the members of the Trial Committee and advise the accused member of his right to strike from said list any three names which appear thereon, and the accuser shall at the same time be furnished with that list and notified of his right to strike three names, The notice shall be sent to the members last known address. In the case of an Industrial Council, the accused shall be furnished by the Secretary of the Executive Committee with a copy of the charges, sent to the members last known address, together with a list ofthe names of the members of the standing Trial Committee and the member shall be advised of his right to strike from said list any three names which appear thereon. At the same time the accuser shall also be furnished with a list of the names of the members of the standing Trial Committee and notice of his right to challenge three members thereof. F A Trial Committee consisting of five members of the Local Union or five delegates to the District or Regional Council shall be selected as follows: (1) The Local Union, District Council, or Regional Council shall nominate eleven members or delegates. The Recording Secretary of the Local Union or District Council shall place their names in the ballot box and the Vice President shall draw the same from the box and call the names aloud until five have been drawn. The accused and the accuser shall have the alternative of each challenging any three members of the Trial Committee; the member so challenged shall not serve. When the five have been selected, they shall constitute the Trial Committee and the case shall be given to them for trial. (2) In the alternative a Local Union, District Council, or Regional Council may appoint or elect a standing Trial Committee consisting of eleven members. If the Local Union, District Council, or Regional Council receives timely challenges in any
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United Brotherhood), and shall be entitled to be present at all times when the Trial Committee is receiving evidence. All testimony shall be accurately recorded in writing. There shall be only one official transcript of the proceedings as authorized by the Local Union, District Council, Regional Council, or Industrial Council Executive Committee and the Trial Committee Chairperson shall prohibit the recording or other transcription of the proceedings other than by the designated official reporter. Persons who are not members may be called as witnesses by either side. No member shall be suspended, expelled or fined in an amount in excess of Two Hundred and Fifty Dollars ($250.00) unless the proceedings of the Trial Committee shall have been properly recorded by a competent stenographer who need not be a member. If the accused fails to appear, the Trial Com mittee shall proceed with the trial as though the accused were pres ent. In the event that the accuser fails to appear, costs of the trial not exceeding Fifty Dollars ($50.00) may be charged against the accuser and the charges shall be dismissed by the Chairperson of the Trial Committee forthwith.

J The following trial procedure shall be observed: (1) The Chairperson shall read the charges and ask the accused if he or she is guilty or not guilty. if the plea is guilty the Trial Committee shall so find and shall report its verdict to the Local Union, District Council, Regional Council, or Industrial Council Executive Committee without further proceedings. If the plea is not guilty the trial shall then proceed. (2) The accusers case shall be presented first. (3) Witnesses shall be called into the trial room one at a time, and will leave upon completing their testimony, subject to recall by either the Trial Committee or any of the parties.

(6) Before the Trial Committee shall begin their deliberations, all other persons shall leave the trial room. K When the committee has come to a decision in the case, the Chairperson of said committee shall so notify the Local Union, District Council, Regional Council, or Industrial Council Executive Committee. The committee shall submit a full report ofthe case with their verdict in writing to the Local Union, District Council, Regional Council or Industrial Council. The Local Union, District Council, Regional Council or Industrial Council Executive Committee shall notify the accused of the meeting at which the committees report will be presented, and that if the finding is guilty that any penalty to be imposed will be considered at that meeting. The notice shall be mailed to the accused and accuser at their last known addresses not less than ten (10) days before the meeting at which the committee will report. L If the finding is guilty, the Trial Committee shall recommend in its report such legal penalty as it deems proper, which then must be approved by a majority of the members present. There shall be no debate or review of the case by the Local Union, District Coun cil, Regional Council, or Industrial Council Executive Committee, except that the accused and the accuser shall be allowed to plead for or state their side. The Chair shall announce the penalty. The accused member and the Local Union to which the member belongs shall be promptly notified of the verdict and the penalty. M The penalty imposed upon a member may be set aside or reduced by a majority vote of the members of the subordinate body which imposed it before an appeal is filed. After an appeal is filed the penalty may be reduced or set aside only with the approval of the General Executive Board. APPEALS AND GRIEVANCES A Section 53. A member who has been found guilty of a charged violation under Section 52 may file an appeal with the General Sec retary-Treasurer in accordance with the provisions of this Section.
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(4) The accusers witnesses shall be called first. (5) Each party or his or her counsel shall have the right to crossexamine witnesses presented by the other party.
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($50.00) on account, to be held until the appeal is decided by the Appeals Committee, and if said appeal is decided against the appellant, the full amount imposed must be paid before a further appeal can be taken. (2) In all cases where the fine is Fifty Dollars ($50.00) or less, the member fined shall pay the full amount to the Local Union, District Council, Regional Council, or Industrial Council imposing same. (3) When a fine is imposed by the Local Union, District Council, Regional Council, or Industrial Council and an appeal is taken, any payment of said fine shall be held by the body assessing same until said appeal is finally and completely decided. D An appeal to the Appeals Committee shall be filed within sixty (60) days from the date the penalty was imposed. (An appeal is considered as filed on the date it is received at the General Office of the United Brotherhood as provided in Section 531.) A copy of the appeal shall be mailed or delivered to the Local Union, District Council, Regional Council, or Industrial Council imposing the pen alty. Every appeal shall contain: (1) Abriefstatement of the case and the grounds relied upon by the appellant. (2) The penalty, the date imposed and the Local Union, District Council, Regional Council, or Industrial Council which imposed it. All appeals must be sworn to before a Notary Public. If a fine is involved, the appeal must be accompanied by a receipt showing pay ment of the amount required by Paragraph C above. E When an appeal is filed, the Local Union, District Council, Regional Council, or Industrial Council shall file an answer which shall include the following: (1) A copy of the charges.
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No appeal shall be permitted from a verdict of a Trial Committee finding a member not guilty of charges filed against him or her. All appeals received in proper form shall be referred by the General Secretary-Treasurer to an Appeals Committee for decision, subject to a final appeal to the General Executive Board; provided however, that cases involving expulsions from membership may be appealed to the General Convention. B The Appeals Committee shall be appointed by the General President and shall consist of five (5) members. The Chairperson of the Appeals Committee shall be designated by the General President and all members of the Appeals Committee shall serve at the discretion of the General President. Three (3) members shall constitute a quorum of the Appeals Committee and the Appeals Committee may decide any case referred to it by a majority vote of the members present and voting at any meeting at which a quorum is present. Where the circumstances warrant, and subject to the approval of the General President, the Chairperson of the Appeals Committee may designate one or more members of the Appeals Committee to conduct a hearing or other investigation in any case and report findings and recommendations to the next meeting ofthe Appeals Committee. The decisions of the Appeals Committee shall be reported by the Chairperson to the General Secretary-Treasurer who shall notify the parties of said decisions.

C The penalty imposed by a Local Union, District Council, Regional Council, or Industrial Council shall not be effective while an appeal to the Appeals Committee is pending except as provided herein. Except as provided in Sections 53C(l) and (2) below, penal ties shall be stayed and shall not be enforced during the time pro vided for filing an appeal under Section 53D. (1) No appeal can be entertained by the Appeals Committee where any sum ofmoney in excess of Fifty Dollars ($50.00) is involved unless the appellant has first paid to the Local Union, District Council, Regional Council, or Industrial Council Fifty Dollars
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involving geographical jurisdiction, mergers, consolidations, and formation of Councils shall be final. H All appeals from decisions of the General President or the Appeals Committee to the General Executive Board must be filed with the General Secretary-Treasurer within thirty (30) days from the date of receipt of the General Presidents decision or notice of the decision of the Appeals Committee. Also, any appeal from a decision of the General Executive Board to the General Convention must be filed with the General Secretary-Treasurer within thirty (30) days from the date of receipt of the decision of the General Executive Board. An appeal, protest, grievance or answer shall be considered as I filed under this Section on the date it is received at the General Office of the United Brotherhood; if received on a Monday or the day after a holiday they shall be considered as filed on the last preceding day on which the General Office was open for business. J All members and all Local Unions and Councils are required to exhaust the administrative remedies provided in this Section before commencing proceedings in any court or any agency provided by law. This provision shall not supersede or limit the right to petition law enforcement authorities to remedy alleged violations of criminal law.
FUNDS OF LOCAL UNIONS A Section 54. The General Funds or property of a Local Union or Council shall be used only for such purposes as are specified in the Constitution and Laws of the United Brotherhood and as may be required to transact and properly conduct its business, viz.: Payment of salaries and donations to sick members; purchasing stationery, books, cards, printing, payment of rent, or any legally authorized bill against the Local Union or Council. But under no circumstances shall any ofthe General Funds be used for loans or donations to members, Contingent Funds, credit union sponsored by the Local Union or Council, or for political or religious purposes, except as approved by the General President. Violation ofthis Section subjects the offending
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(2) A copy of the minutes and/or transcript of the Trial Committee setting forth the evidence submitted at the trial. (3) The report of the Trial Committee. (4) The penalty placed against the appellant, the vote thereon, and the date imposed. (5) The Councils or Local Unions response to the appeal filed by the accused. (6) If the charges alleged violations of Bylaws or Trade Rules, a copy of the applicable Bylaw or Trade Rule provisions. The answer must be sworn to before a Notary Public and must be filed with the General Secretary-Treasurer within thirty (30) days after notice that the appeal has been accepted. A copy of the answer, together with a complete record of the Trial Committee proceedings, shall be served upon the appellant by the Local Union or Council that approved of the penalty.

F If a Local Union, District Council, Regional Council, or Indus trial Council fails to file an answer in accordance with the require ments of Section 53E, the Appeals Committee shall nevertheless have the power to decide the appeal on the evidence before it.

G Any member, or any Local Union, District, Regional, State or Provincial Council or Industrial Council having any grievance may appeal to the General President within thirty (30) days from the date the grievance occurred. All protests directed to the conduct of nomi nations or elections, or election procedures, in any subordinate body may be appealed to the General President within thirty (30) days from the date of the election. All grievances and election protests shall be in writing and shall contain a brief statement of the grounds relied upon. Decisions of the General President on protests directed to the conduct of nominations or elections, or election procedures, shall be final. Decisions of the General President on grievances may be appealed to the General Executive Board, whose decision shall be final. Also, decisions of the General Executive Board in all cases
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to a candidate for state, provincial or local office provided such sup port or contribution is not contrary to law, is approved by vote of the members or delegates to the body, and is based not on party politics or the candidates political affiliation but is based on the candidates position as a supporter and advocate of objects, principles and legis lative goals of our organization. GENERAL STRIKES AND LOCKOUTS A Section 55. Strikes and lockouts in Local Union or Council areas shall be financed by the Local Union or Council as provided in Paragraph B of this Section, together with such funds of the Local Union or Council as it may appropriate or provide for by separate assessment. The United Brotherhood shall not be financially respon sible for such strikes or lockouts and shall not, by approving strike action in a Local Union or Council area or by assigning a repre sentative to assist a Local Union or Council in settling a dispute or negotiating an agreement, assume financial responsibility for a strike or lockout. The General Executive Board may, in its discretion, grant supplemental financial assistance to a Local Union or Council in the event of a strike or lockout, in such amount and under such terms as the General Executive Board shall determine to be appropriate and consistent with the interests of the entire United Brotherhood. A Local Union or Council seeking or obtaining such supplemental financial assistance shall comply with the following provisions set forth in Section 55. The authority of the General Executive Board as established in this Section may be exercised by the General Presi dent, in consultation with the General Secretary-Treasurer, subject to such rules as the General Executive Board may from time to time adopt. Requests for financial assistance, together with all supporting information, shall be submitted to the General President. B Members affected by a strike but who are permitted to work in a bargaining area where a strike is in progress shall pay an assessment to the District Council, Regional Council, or Local Union an amount not less than two hours pay for each day worked during the strike
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Local Union or Council to the penalty of suspension. Funds to be used for any other purpose must be handled through a Contingency Fund. B No donation for any purpose, except sick donations, shall be given except by a majority vote of members present, and cannot be declared valid at the meeting of its introduction, but must lay over to the next meeting (except in case of appeals for aid from Local Unions on strike with sanction of the General Executive Board). C The funds or property of a Local Union cannot be divided in any manner among the members individually, but shall remain the property of the Local Union for its legitimate purpose. D All moneys paid out of the funds of a Local Union with the exception of per capita tax, cost of bonds of financial officers and payments required under Section 59B must be by majority vote of the members present. No appropriation of money can be voted after 10:30 p.m. E Any Local Union charging more than the minimum dues as prescribed in Section 45A or any Council may create a special Relief and Contingent Fund for use aside from the General Fund. Local Unions may use all dues in excess of the above dues, proceeds of entertainments, and may levy an assessment for said fund in accor dance with the provisions governing special assessments. Councils may use any revenue in excess of that required for proper operation of the Council for such Contingency Fund. F This fund may be used for the reliefof aged members, organiza tions, or for any other purpose the Local Union may decide, except to support a dual organization, for partisan politics, religious purposes, or investments in a credit union sponsored by the Local Union, or for any purpose that may be inimical to the interests ofthe United Broth erhood; provided, however, if property is purchased with said fund the property shall be held in the name of the Local Union or Council of the United Brotherhood of Carpenters and Joiners of America, as specified in the Constitution of the United Brotherhood. The term partisan politics does not include support of or financial contribution
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for the purpose of establishing a strike and defense fund. Such fund shall be used to provide benefits for members unemployed because of the strike and to pay bills and other expenses incurred in connection therewith. A Local Union or Council which has an adequate reserve in its strike fund may request dispensation from the General President to reduce the amount of the assessment payable under this Section.

LABEL A Section 56. The following design shall be the official label of this United Brotherhood.

are entitled to same, and all labels must be secured from the General Office, which shall furnish them at cost under the conditions set forth herein. D No agreement shall be made or renewed with any firm granting the use of the label after April 1, 1916, unless all shops and mills of the firm have an eight-hour work-day or less and employ only mem bers of the United Brotherhood, except where dispensation has been granted by the General President upon application from the District Council, Regional Council, or Local Union.

B The following design shall be the official emblem of the United Brotherhood.

Each shop, mill or factory shall have a Shop Steward who shall have supervision over the label, stamp, or die; it shall be the duty of the Steward to see that said label, stamp, or die shall not be placed on any manufactured article other than that which is made under the agreement. Said label must be applied to the article in the shop or mill where manufactured and must at no time be removed for use from the shop or mill. It shall be the duty of the Shop Steward to see that the agreement with the District Council, Regional Council, or Local Union is carried out in its entirety. F The Shop Steward shall be appointed by the Business Repre sentative or elected by the employees of the shop, mill or factory where employed. G Under no circumstances shall employers be permitted to handle labels or have them in their charge, nor shall anyone but a member of the United Brotherhood be permitted to attach them, and the Shop Steward shall at all times keep them securely locked up, so that no one else may have access. All labels shall be attached to finished product by members of the United Brotherhood in such a manner that they cannot be removed therefrom without destroying the label. H Each label except decal shall have the factory, shop or mill number stamped thereon. Wherever a label except decal is applied without the factory number thereon it shall be regarded as forged. The factory number, in conjunction with the name of the District Council, Regional Council, or Local Union issuing said label, will
8!

C The General Office shall, as soon as possible, through the good offices of some District Council, Regional Council, or Local Union in each State or Province, have the label registered. Registry is to be in the name of the United Brotherhood of Carpenters and Joiners of America, and the expense to be borne by the General Office. After such registry, each District Council, Regional Council, or Local Union where no District or Regional Council exists, shall apply to the General Vice President for sanction to use the label and give such information pertaining to conditions in that district as required, and after receiving sanction from the General Vice President, shall issue labels of the foregoing design, with name or number of the District Council, Regional Council, or Local Union issuing same, printed in its proper place on the label, to such shops and mills in that district as
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thus pemit recognition of the product of any particular factory in any part of the jurisdiction of the United Brotherhood. It shall be the duty of the Secretary of each District Council, I Regional Council, or Local Union issuing labels to keep a correct and accurate account of all labels received from the General Office, their numbers and the shops to which they have been issued, and to furnish all information regarding the use of the label which may be called for by the Council or the General Vice President. J The Shop Steward shall receive and account for the use of the labels and make a report to the District Council, Regional Council, or Local Union monthly, or oftener if required, and to the General Vice President upon request. K Upon request of the General Vice President, a representative shall be sent to investigate the conditions of any mills using the label, and upon receipt of report the General President shall furnish a copy of same to the General Vice President. L In case ofany violation of an agreement or grievance against an employer, the label shall be withdrawn when ordered by the General Vice President. M The General Vice President, with the sanction of the General Executive Board, shall have the power to order the withdrawal of the label from any factory, shop or mill, upon charges duly made, and shall have power to regulate and investigate the issuance of the label in accordance with the Constitution and Laws of the United Brotherhood. The General Vice President shall have power to grant dispensation for use of the label, stamp or die where such will be beneficial to the Organization. N It shall be the duty of all District Councils, Regional Councils, Local Unions and each member to promote the use and installa tion of trim and shop-made carpenter work, hotel, bank, bar, store, and office fixtures, and of church, school, household furniture, etc., bearing the Union Label, and to make it generally known to the members of the Local Union that it is necessary to all mill and shop
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members and the United Brotherhood that products made in facto ries, shops or mills where only members of the United Brotherhood are employed should be installed by fellow-members. O Where owner or architect specifies that union materials shall be used on any job or building, none other shall be handled by the membership of our Brotherhood, under penalty of suspension from the United Brotherhood. P The misuse of the Union Label or Stamp by the Shop Steward shall subject the Shop Steward to charges and if found guilty, after being charged and tried, he or she shall be fined not less than Fifty Dollars ($50.00) and removed as Shop Steward for the first offense, and for the second offense shall be expelled. Q No member shall use or authorize the use of any copy or replica or other duplication of the label or emblem of the United Broth erhood or any part thereof for any personal, commercial or other unofficial use without the express written approval of the General Executive Board or the General Vice President. AMENDMENTS A Section 57. The Constitution herein contained can be amended or altered at regular sessions of the Convention by a majority vote of the delegates present. B All amendments to the Constitution submitted by Local Unions, District, Regional, Industrial, State or Provincial Councils for the consideration of the Convention shall be filed with the General Sec retary-Treasurer not later than sixty days preceding the holding of the Convention, and the said amendments shall be published in The Carpenter in the issue immediately following the expiration of the filing deadline by the General Secretary-Treasurer. Proposed amend ments must list the Section and paragraph that is to be amended and must be typewritten, signed by the President and Secretary of the Local Union or Council, and under Official Seal. No further amend ments shall be considered by the Constitution Committee, other than those submitted in accordance with the above or submitted to the

Constitution Committee by the General Executive Board; however, amendments offered from the floor to any Section while it is being reported on by the Constitution Committee may be taken under advisement by the Constitution Committee.

C At any time the General Executive Board deems a new law or amendment is necessary to govern the United Brotherhood, they may recommend a clause to the Local Unions to be submitted to a general vote in accordance with this Section; and should a majority vote of the members voting at a special called meeting support the recom mendation, it shall become a law. No new laws or amendments shall be submitted for a vote of the Local Unions between Conventions in which the result of such vote would not become a law six months prior to the holding of the General Convention. D Any Local Union may submit an amendment to the Constitution of the United Brotherhood. The proposed amendment must be sent to the General Secretary-Treasurer, who shall publish it in The Car penter one month prior to the next regular meeting of the General Executive Board, and if approved by that body, it shall be submit ted to a general vote. A proposed amendment which is endorsed at meetings called for that purpose by at least thirty (30) Local Unions located in as many States and/or Provinces, and provided further that the members of the Local Unions which endorse the proposed amendment constitute at least twenty-five (25) percent of the total membership of the United Brotherhood as of the date the proposal is submitted, approval of the General Executive Board shall not be required. E All proposed amendments to the Constitution must be submitted separately listing the section and paragraph that is to be amended. F Whenever a general vote of the members is taken, a statement shall be submitted along with it by the parties sending it out, giv ing their reasons why such amendment should become a law, and the General Secretary-Treasurer shall state the number and location of the Locals that have endorsed same. It shall require a majority
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vote of the members voting, by secret ballot to decide, and said gen eral vote, under Seal of the Local Union, shall be returnable to the General Secretary-Treasurer within six weeks from date of circular calling for the vote, and the result, pro and con, in each Local Union shall be published in pamphlet form containing a copy of amend ment or amendments voted on and distributed to all Local Unions in the same manner as the monthly Financial Statement. It shall be unlawful for any Local Union to report members as having voted on any referendum unless they are present and voting. Any Local Union or Union official that conspires to wilfully make a false report on votes cast on a referendum shall be subject to charges under Section 51 of the Constitution of the United Brotherhood of Carpenters and Joiners ofAmerica. PROPERTY Section 58. All officers, Business Representatives and assistant Business Representatives, at the expiration of their term of office, when removed from their offices or positions, when suspended under Section 51 D, when they resign from their offices or positions, or when their offices or positions are declared vacant, shall deliver to their successors or to the Local Union, Council, or the United Broth erhood, as applicable, all books, papers, records, moneys and other property in their possession belonging to the Local Union, Council, or the United Brotherhood, and they shall not be relieved from their bonds or obligations until this Law is complied with. A member who has served as a financial officer of a Local Union or Council shall be entitled to have an audit made of his or her financial books and records after he or she ceases to hold the financial officer position, provided that he or she submits a timely written request for an audit to the Local Union or Council involved. Any request for such an audit must be submitted to the Local Union or Council involved, in writing, by no later than thirty (30) days after the member ceases to hold the financial officer position involved. In the event an audit is not made in accordance with the foregoing, a financial officer suc

ceeding to office shall be entitled to have an audit made of his or her predecessors financial records. Delivery of financial books and records to the Trustees or auditor selected by the Local Union or Council shall constitute compliance with this section. The cost of such audit is to be borne by the Local Union or Council.

r
STANDING DECISIONS OF THE GENERAL EXECUTiVE BOARD 1887 February 15A Union not holding meetings at least once a month forfeits its charter and is not eligible to donations. September 17Grading wages is demoralizing to Union principles and to the welfare of the trade and no Local Union should adopt the system of grading wages.

1888 1891

March 10A Local Union can fix a fine as penalty for non-attendance of members at a monthly meeting.

1897

July 16All donations are forfeited by a suspended Union the same as a suspended member. A suspended Union cannot be entitled to any donations other than those prescribed for a new Union. April 7Working Cards can only be issued through the Local Unions or District Councils ofthe United Brotherhood and without discriminating charge in any locality against outside members. April 9Every part of the Ritual is just as binding on members as is the Constitution and Laws of the United Brotherhood.

PENSION PLAN A Section 59. There shall be established and maintained by the United Brotherhood a Pension Plan for such officers and representa tives as may be eligible, including such other employees as may be necessary to maintain qualification of the Plan as a tax exempt trust within the meaning of the U.S. Internal Revenue Code. The Pension Plan shall be known as United Brotherhood of Carpenters and Join ers of America Pension Plan. B The United Brotherhood and each Local Union, District, Regional, State, Provincial and other Councils shall pay each month to the Trustees of the Pension Plan the contributions owed with respect to each officer, representative, and employee covered by the Plan, which shall be a standing appropriation and shall not require a vote of the United Brotherhood, Local Union or Council. The General Executive Board is authorized to determine the amount of contributions payable to the Pension Plan.
1898

C The Trustees ofthe Pension Fund shall be appointed by the Gen eral President with the approval of the General Executive Board.

April 5Members violating Trade Rules and called out on strike are not entitled to strike donations.

CODIFICATION Section 60. All Laws or parts of Laws previously enacted by the United Brotherhood, and standing decisions of the General Execu tive Board, in conflict with the Constitution of the United Broth erhood, are hereby repealed and the General Executive Board is hereby authorized and empowered to make any needed changes as required by the vote of the delegates to the Convention of the United Brotherhood.
86 87

PARLIAMENTARY RULES Rule 1. On motion, the regular order of business (see inside front cover) may be suspended by a two-thirds vote of the meeting at any time, to dispose of any urgent business. Rule 2. All resolutions and resignations must be submitted in writing. Rule 3. Any conversation by whispering or otherwise, which is cal culated to disturb a member while speaking, or hinder the transaction of business, shall be deemed a violation of order. Rule 4. Partisan politics or sectarian discussion shall not be pennit ted in the meeting under any circumstances. Rule 5. All questions of a parliamentary nature not provided for in these Rules shall be decided by Roberts Manual.

MOTION Rule 6. A motion to be entertained by the presiding officer must be seconded, and the mover as well as the seconder must rise and be recognized by the Chair. Rule 7. Any member having made a motion can withdraw it by consent of the seconder, but a motion once debated cannot be with drawn except by a two-thirds vote. Rule 8. A motion to amend an amendment shall be in order, but no motion to amend an amendment to an amendment shall be permit ted. Rule 9. Any member may call for a division of a question when the sense will admit thereof

DEBATE Rule 10. A motion shall not be subject to debate until it has been stated by the Chair. Rule 11. A member who wishes the floor shall rise and respectfully address the Chair, and if recognized by the Chair, shall be entitled to the floor.
88

Rule 12. Iftwo or more members shall rise to speak at the same time, the Chair shall decide which is entitled to the floor. Rule 13. Each member, when speaking, shall confine his or her remarks to the question under debate and avoid all personal, indeco rous or sarcastic language. Rule 14. No member shall interrupt another while speaking, except to a point of order, and shall definitely state the point, and the Chair shall decide the same without debate. Rule 15. If a member while speaking be called to order, he or she shall take his or her seat until the point of order is decided, when, if decided in order, he or she may proceed. Rule 16. If any member shall feel personally aggrieved by a decision of the Chair, he or she may appeal to the Local Union from the deci sion. Rule 17. When an appeal is made from the decision of the Chair, the Vice President shall then take the Chair, and shall state the appeal to the meeting in these words: Shall the decision of the Chair be sustained as the decision of the Union? The member will then have the right to state the grounds of appeal, and the Chair will give the reason for the decision, thereupon the Union will proceed to vote on the appeal, without further debate, and it shall require a majority vote to sustain such appeal. Rule 18. No member shall speak more than once on the same subject until all the members desiring the floor shall have spoken, nor more than twice, without unanimous consent, nor more than five minutes at any one time. Rule 19. The presiding officer shall not speak on any subject unless he or she retires from the Chair, except on points of order and appeals from the decision of the Chair, and in case of a tie shall have the deciding vote.

89

PRIVILEGED QUESTIONS Rule 20. When a question is before the meeting, no motion shall be in order except: (1) to adjourn; (2) to lay on the table; (3) for the previous question; (4) to postpone to a given time; (5) to refer or re-commit; (6) to amend. And these motions shall have precedence in the order herein arranged. The first three of these motions are not debatable. Rule 21. When the previous question is moved and seconded, it shall be put in this form: Shall the main question be now put? If this is carried, all further motions, amendments and debate shall be excluded and the main question put without delay. Rule 22. If a question has been amended, the question on the amend ment shall be put first. If more than one amendment has been offered, the question shall then be put as follows: (1) amendment to the amendment; (2) amendment; (3) original proposition. Rule 23. When a question is postponed indefinitely it shall not come up except by a two-thirds vote. Rule 24. A motion to adjourn shall always be in order, except: (I) when a member has the floor; (2) when members are voting; (3) when it has been decided to take the previous question.

Rule 27. Before the presiding officer declares the vote on a question, any member may ask for a division of the house; then the Chair is in duty bound to comply with the request, and a standing vote shall then be taken, and the Conductor shall count the same. Rule 28. Every member present shall vote on all questions before the Union, unless personally interested or excused by the Union. Rule 29. When a blank is to be filled, the question shall be taken first upon the largest sum or number, or the longest or latest time. Rule 30. When a question has been decided it can be reconsidered only at the same meeting or on the next regular meeting night. Rule 31. A motion to reconsider must be made and seconded by two members who voted with the prevailing side. Rule 32. All questions, unless otherwise provided, shall be decided by a majority of all votes cast.

TAKING THE VOTE Rule 25. Before putting a question to vote, the presiding officer shall ask: Is the Union ready for the question? Then it shall be open for debate. If no member arises to speak, the presiding officer shall then put the question in this form: All in favor of the motion say Aye, and after the affirmative vote is expressed, Those of the contrary opinion say No. After the vote is taken the Chair shall immediately announce the result. Rule 26. When the presiding officer has commenced taking a vote, no further debate or remarks shall be allowed unless a mistake has been made, in which case the mistake shall be rectified and the pre siding officer shall again take the vote.
90 9

OBLIGATION

[After that the President will return to his (her) chair, give ONE DISTINCT RAP, when the members take their seats. He (she) will address the Conductor. j

PRESIDENT.Brother (Sister) Conductor, you will now lead the newly initiated Brother (Sister) to the Financial Secretary s desk, where he (she) will hand in his (her) name and address, and comply with all other requirements ofthe Constitution and the laws ofthis union. He (she) will then obtain his (her) card ofmembership.
[NOTEThe Financial Secretary in the meantime should have the card of membership prepared, to avoid delay. After complying with this, the Conductor will escort the new member to his (her) seat.]

I do, of my own free will and accord, solemnly and sincerely promiseon my sacred honorthat I will never revealby word or deedany of the business of this United Brotherhoodunless legally authorized to do so. I promise to abide by the Constitu lioti and Lawsand the will of the majorityobserve the By Laws and Trade Rulesestablished by Local Unions and Councils affiliated with the United Brotherhoodand that I will use every honorable meansto procure employment for brother and sister members. I agree that I will ask for the Union Labeland pur chase union-made goodsand employ only union laborwhen same can be had And Ifurther agree thatfat any time it should be discoveredthat I have made any misstatementsas to my qua!jfications for membershipI shall be forever debarred from membershipand donations in this order I pledge mysef to be obedient to authorityorderly in the meetingsrespectful in words and actions-and charitable injudgemeni ofmy brother and sister members. To all ofthis Ipromise andpledgemy most sacred word and honorto observe and keepand the same to bind meas long as I remain a member of this Brotherhood. And I further affirm and declarethat I am not now affiliated with-and never will join or give aidcomfortor support to any organization that tries to disrupt any Local UnionDistrict CouncilRegional CouncilState or Provincial Council or the International Body ofthe United Brotherhood ofCarpenters and Joiners ofAmerica.

PRESIDENT.[To Newly Initiated Member.jYou have now been admitted into the United Brotherhood of Carpenters and Joiners ofAmerica and you are entitled to all the rights, benefits and privileges as a member thereof as specfied in the Constitu tion, and having assumed the duties and honors ofa member ofthe United Brotherhood, we extend to you the hand offellowship.
93

92

____________,

INSTALLATION CEREMONY (For Installation of all General, Local or District Officers.) PLATFORM

1.

Municipal service wholly divorced from partisan politics. Tenure of office during good behavior, and promotion for meritorious services.
Eight-hour service for all employees engaged directly or indirectly on municipal work. Payment of wages weekly, and equal pay to women for equal work performed with men. Revision and simplification of all municipal laws.

[NOTE The President shall appoint an Installing Officer who will take the Presidents Chair and call the officers elect to take their places in front ofhim (her). He (she) will RAP THREE TIMES, and the members will all arise and remain standing. He (she) will then administer the following obligations to them collectively:]

2.
3. 4. 5. 6. 7.

INSTALLING OFFICER.Brothers (Sisters): Please raise your right hand and repeat after me the following obligation: You will each ofyou use your name where fuse mine:

I,

Direct legislation, through the initiative and referendum.

Sanitary and safety inspection of all places where labor is employed.

Abolition of contract prison labor. Prohibition of child labor under 17 years.

Compulsory education.

8.
9.

do hereby solemnly and sin cerely pledge my honor in the presence ofthe members ofthis Order here assembled to perform the duties ofmy office as prescribed in the Constitution and Laws--unless prevented by sickness or some unavoidable accident-that I will deliver to my successor in office all books, papers, and otherpropertyofthe United Brotherhood that may be in my possession at the close ofmy official term. All of this I most sincerely promise with a full knowledge that to violate this pledgeis to stamp me as a person devoid ofprincipleand destitute of honoronly worthy of the scorn and contempt of my Brothers and Sisters.

10. Payment of wages in lawful money. 11. Prohibition ofalien ownership of land. 12. Adoption of legislation requiring the election of all public officials by direct vote of the people.

[At the close of the obligation, the Installing Officer will RAP ONCE, and the members will be seated. He (she) will then say to the officers elect:]

INSTALLiNG OFFICER.Brothers (Sisters) you have been cho sen by this Order to each one serve it in his (her) respective official capacity, and you may wellfeel proud of the honor conferred upon you. You will now proceed to your respective official stations, and enter upon the duties assigned to you by the Constitution and the laws ofthis union.

[The installing Officer will then surrender the Chair to the incoming President.1
94

II J111111X3

The United Brotherhood of Carpenters and Joiners of America

SOUTHWEST REGIONAL COUNCIL OF CARPENTERS

Representi n Over 65M0() Carpenters In Soul bern California. Nevada. Arizona. Utah and New Mexico/West Texas
Mike McCarron. Executive Sccrctarv-Treasuret

Building America Strong

Since 1881

BYLAWS AND TRADE RULES

.Ackpd May 5. 2(X)7

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Southwest Regional Council Bylaws

ThbIe of Contents Page PREAMBLE BYLAWS NAME AND TITLE Section I OBJECTS Section2 POWERS Secfion3 OFFICERS OF THE COUNCIL Scction4 NOMINATIONS AND ELECTIONS SectionS DUTIES OF THE PRESIDENT Section 6 DUTIES OF THE VICE PRESIDENT Section 7 6

DUTIES OFTHE EXECIJrIVE SECRErARY-TREASURER 10 Section 8

DUTIES OF WARDEN AND CONDUCTOR Section 9 EXECUTiVE COMMITTEE Section 10

.13

TRUST FUNDS Section 19 DELEGATES MEflINGS Section 20 Section2l OFfiCERS BOND Section 22 SPECIAL DISPENSATION Section 23 CHARGES AND TRIALS Section 24 INITIATION FEES Section 25 WORKING CARDS Section 26 REPRESENTATIVES AND ORGANIZERS Section 27 FURTHER OBJECTIVES Section 28 LAWSUITS AGAINST THE COUNCIL Section 29

23

13

23 25

TRUSTEES (AUDITING AND FINANCIAL) Section II WORKING DUES (DUES CHECKMFF); SPECIAL ASSESSMENT AND PER CAPTFA TAX Section 12 MONTHLY DUES Section 13 COUNCIL REPRESENTATION Section 14 DEUNQUENT LOCAL UNION Section 15 DELEGATE CRFDENTIALS Section 16 DELEGATES ATTENDING MEflINGS Section 17 COLLECTIVE BARGAINING Section 18

14

.zs

15

26

IS

.26

.20

26

21

21

.21

28

22

29

AMExDMENTh Section 3(1 SEVERABILiTY Scction3l MISCELLANEOUS Section 32

.29

SOUTHWEST REGIONAL COUNCIL BYLAWS

PREAMBLE
Our aim will be to pronxte and ixotect the jnrest of our membership, to elevate the moral, intellectual and social conditions of all working men and women, and to assist each other in sickness and

.30

.30

HIRING HALL OR JOB REFERRALSYSTEM Section 33 TRADE RULES RULE 1 Jot, Site Jnstnictions
RULE 2 Maintaining the Contracts Standards RULE 3 Upholding Union Principles RULE 4 General Rules DIRECTORY

.31 .32

32

dimess. To cncowage apprenticeship and a higher standard of skill, to cuhivate a feeling of friendship, and to assist eadi c*her to seatre employment. To aid and assist all organizations to uphold the dignity of labor and resist oppression by honorable means. To hold it as a sacred principle, that union members, above all others, should set a good example as good and fhithful wodrers,
peifomiing their duties to their empk,er with honor to themselves and to their organization. We resent the principle of open shop asseciation, and will continually strIve for the enactment of legislation, which will enable us to achieve our objectives. Realizing that a blow at one organization is a blow to all, therefore, it shall be our duty as union members to purchase unionmade goods and patronize union shops and business establishments whenever possible to do so. So with these aims and principles in mind, the Local Unions in the vicinity of Southern California, Nevada, Arizona, Utah and New MexicolWest Ixas (El Paso, Hudspeth, Culbertscsi, Jeff Davis and Presidio counties tefened to herein as West 1xas) affiliate ourselves into an organization that shall be known as the Southwest Regional Council of Carpenters in conformity with the provisions of the Constitution of the United Biuthethood of Carpenters and Joiners of America.

33

.34

35
36

MEMBER OBLIGATION

44

BYLAWS
NAME AND TITLE
Sedion L This body is chartered and known as the Southwest Regional Council of Carpenters, United Brotherhood of Carpenters and Joiners of America. This Council is organized in conformity with the Constitution of the United Brotherhood and shall exereise the pow ers and privileges of a Council under the Constitution and Laws of the United Brotherhood.

OBJECTS
Sedion 1 The objects of this Council shall be to promote and protect the inter est of our membership, to encourage the apprenticeship system and higher standard of skill, to reduce the hours of labor, to secure ade quate pay foe our work, to elevate the standard of our craft, to culti vate a feeling of friendship among the members of this Brotherhood, to assist our members in procuring employment and to protect our members by legal and proper means against any injustice that may be done to them, and improve the moral, social and intellectual con ditions of our members and all working people.

lion fees, It shall have the power to collect and retain all tines levied by the Council for violation of the laws, trade and other rules of the Council. The Council shall have the power to issue the Working Card. It shall have the power to make agreements with kindred bod ies or central organizations and send Delegates to same whenever deemed necessary. The Council shall have the power to hire, disci pline, promote, and tire all employees of the Council, including Representatives and Organizers. Except for clencal employees of Local Unions, all persons employed on matters within the jurisdic tion of the Council, including Representatives and Organizers, shall be employees of the Council. No person shall be an employee of an affiliated Local Union except for persons employed in clerical posi tions. Upon approval of these Bylaws, all Local Union employment positions, except for clerical positions, shall cease to exist. Furthermore, the Council shall have all other powers provided foe in the Bylaws.

Athkndum to Stction 3 Ma4mum Remuneration a) Compensation of Officers shall be decided by the Local with the maximum remuneration being eight (8) hours per mooth at the appropriate journeyman straight time rate.
b) Compensation of Delegates to the Regional Council or Local Union Comrsittees shall be decided by the Local with the maximum remuneration being eight (8) bours at the appropriate journeyman straight time rate for each Council r meeting attended.

POWERS
Sedion i This Council shall be the central governing body and shall have leg islative and executive powers on all matters relating to the general interest and welfare of affiliated Local Unions and their members. The Council shall establish working dues or monthly dues that are sufficient to operate the Council, payable to the Council, and initia

OCERS OF THE COUNCIL

Seetlon 4 The officers of this Council shall consist of President. Vice President, Executive Secreuuy-Tressurer. seven (7) Executive Committee Members. Warden, Conduotor and three (3) Trustees. The term of these offices shall be four (4) years. Addendum to S&on 4 Au& Conunilke The three Trustees shall he the Councilc Standing Audit Committee

c)

The Local Union shall notify the Executive Secretary. ileasurer, by certified mail, of the names of the elected Delegates before July 1st of each year. It is compulsory that the Executive Secretary-Treasurer of the Council noti fy these Delegates by mall that nominations and elections of the Council offlccys will be held at the regular Council meeting in August.

Addendum to Srelion S Campaign Litendu,e Each Candidate shall follow uniform procedures established by the Reg.onal Council in allowing candidates for any office of the Council. including Council Delegate, to mail campaign literature to the Delegates of the Council.

NOMINATIONS AND ELECTIONS

Sedinn S. The nomination, election and installation of officers of the Council shall be governed by the Constitution and Laws of the United Brotherhood in accordance with the following provisions: a) Officers of this Council shall be nominated and elected by the delegate body of the Council, and must be working within the bargaining unit represented by their Local Union, or employed full time; within the framework of the United Brotherhood of Carpenters to be eligible. Council Delegates shall be elected in accordance with the Constitution of the United Brotherhood. Council Delegates shall be elected for a term of not more than three (3) years.

DUTIES OF THE PRESIDENT

Sedion 6. It shall be the duty of the President to preside at all meetings of the Council, enforce a due observance of the Constitution and Laws of the United Brotherhood, conduct the same according to parliamen tary rules, and perform such other duties as designated by the body.

DUTIES OF THE VICE PRESIDENT

b)

Sedion 7.
The Vice President shall assist the President in the performance of his/her duties and conduct meetings in his/her absence. The same rules are to govern as are applied to the President.

DUTIES OF THE EXECUTIVE SECRETARY-TREASURER

Seelinn & a) The Executive Secretary-Treasurer shall keep a correct record of each meeting, keep all documents and correspon dence, issue all calls for a Special Called Meeting, keep a record of all charges, trials and fines, take charge of the seal of the Council and affix same to all official docu ments, sign all legal orders, keep a correct account between the Council and the Local Unions, receive all monies paid to the Council and shall hold in his/her pos session a sum of money not to exceed five hundred dollars ($500) for contingent expenses. He or she shall issue Working Cards to the affiliated Local Unions. The Executive Secretary.Tteasurer shall take charge of all ballots cast in any election of the Council and shall pre serve said ballots and other records relating to the election for a period of one (1) year after theelection date. The Executive Secretary-Treasurer shall be the Chief Executive Officer of the Council. The Executive Secretary-Treasurer shall be responsible for the manage ment and supervision of the field activities, business office(s), and for conducting the daily business of the Council. The Executive Secretary-Treasurer shall assume all of the duties of the Recording Secretary and Treasurer. All monies paid into the Council shall be deposited by the Executive Secretary-Treasurer in the name of the Council in such bank or banks as properly designated by the Executive Committee. 10

The Executive Secretary-Treasurer shall furnish each Local Union with a copy of the quarterly financial report of the Council certified by the proper Auditing Committee. This report shall be signed by the Trustees of the Council. He/she shall perform such other duties from time to time as the Executive Committee or the Council may direct. The Executive Secretary-Treasurer shall furnish to each Local Union a correct record of each meeting of the Council. All collected claims shall pass through the hands of the Executive Secretary-Treasurer and he/she shall keep a record of same. The Executive Secretary-Titeasurer shall refer all bills to the Trustees for investigation, after which they shall be presented to the Council for approval. The Executive Secretary-Treasurer is specifically author ized to expend, in accordance with the procedures of these Bylaws, funds for any or all of the puiposes and objects of the Council. lie Executive Secretary-Treasurer shall have the authori ty to hire, suspend, promote or terminate all clerical or cus todial employees and shall determine their duties, assign ments, compensation, hours of employment and condi tions. The Executive Secretary-fleasurer shall have the authori ty to appoint, hire, suspend, promote or terminate Council Representatives and Organizers, subject to the approval of the Executive Committee of the Council. 11

b)

The Executive Secretary-Treasurer shall have the power and autho4-ity to appoint and remove Representatives for and on behalf of its Local Unions to act as Trustees for all negotiated Employer/Union Trust Funds, including, but not limited to, Annuity, Health and Welfare, Pension, Apprenticeship and Training, Labor-Management Cooper ation Committees, Vacation Savings and Holiday Plans. In addition, the Executive Secretary-Treasurer has the power and authority to appoint and remove Representatives on Apprenticeship and Training Committees sponsored by Local Unions. Accordingly, all Trust agreements andlor Plan documents shall be amended by the authorized Representatives of the Local Unions to reflect the forgoing appointment and removal process. The Executive Secretary-Treasurer, by virtue of election to his/her office, shall automatically be deemed as an elected Delegate from the Council to the conventions or meetings of the United Brotherhood, State Building and Construction Ttades Councils, Labor Federations, and any other organizations, conferences or meetings with which the Council may participate or become affiliated with. The Executive Secretary-Treasurer or his designee shall be Chairman of all Negotiating Committees and shall appoint such committees. The Executive Secretary-Treasurer shall serve as a Trustee on any and all Thist Funds including, but not limited to, Health and Welfare, Pension, Labor Management, and Apprenticeship and fl-aining Funds.

The Executive Secretary-Treasurer shall review with the Executive Committee of the Council all minutes of any Trust Funds with a copy of same to remain at the office of the Council. The Executive Secretary-Treasurer may delegate any of his/her authority to a Representative of this Council when he/she deems it necessary.

Addemlum to Sec Won 8 Emjioymei Authtrity The Executive Secretary-Theasurer shall have the exclusive authori ry to make employment decisions. consistent with these Bylaws, with respect to Council employees, which includes but is nor limited to: Determining Assignments, Compensation, Hours and Other Terms
and Conditions ofemployment without the approval of the Executive Committee of the Council.

c)

DLTIES OF WARDEN AND CONDUCTOR

Sedion 9. The Warden shall take chaage of the door at all meetings of the Council and allow no one to enter except those who are entitled to do so. The Conductor takes up the password at all meetings.

EXECUflVE COMMa rIEE

Sedion 10. The Executive Committee shall consist of seven (7) elected mem hers and the President, Vice President and Executive Secretary. 13

12

fleasurer. Between meetings, the Executive Committee shall have

supervision of such Council business as has not otherwise been granted to officers of the Council. All changes or proposed changes in the Bylaws or Trade Rules of this Council or any of the I_neal Unions affiliated therewith shall be first referred to the Executive Committee for consideration and recommendation pending approval by the Council. Furthcnnore, in accordance with Section I lB of the Constitution and Laws of the United Brotherhood same must be sub mitted to the General Vice President for approval. The Executive Committee shall submit a report to each meeting of the Council. Addendum to Section 10 Standing Unfix and Directives The &recurive Committee shall hove the power to issue Standing Orders and Directives clarifying procedures on suhfectr comained in the Byiaws. or subjects that are not expressed either in the constitution or these Bylaws.

and/or their successors in office. The Trustees shall audit all books and accounts of the Executive Secretary-fleasurer at least monthly and report their findings to the Council and perform such other duties as the Council may require. The Trustees shall audit all receipts and accounts of any other person authorized to collect funds. The Council shalt engage a certified or registered public accountant for periodic audits, but not less than once a year, and such audits shall bcexaniined by the Thstecs forcomparison with the Thistees audit who shall report their conclusions in writing to the Council.

WORKING DUES (DUES CHECK-OFF); SPECIAL ASSESSMErlr AND PER CAPITA TAX
SectIon 12.
a) The Council shall receive working dues in the amount set by the Council. In case ofadeficit in the funds of the Council, the Council may levy a special assessment on each Local Union based on the number of members in the 1_neal. The Council must give thirty (30) days written notice to the Delegates and the principal office of each Local Union prior to such special assessment and shall require a majority vote by secret bit]lot of the Delegates to the Council at a Special Called Meeting to adopt this special assessment which must be approved by the General Vice President. The Executive Secretaty-Treasurer shall notify all I_neal Unions that said assessment must be paid within thirty (30) days from the time of final approval.

Meeting Requirements The Executive Committee shall mccl nor less than quarterly and six (6) members of the Executive Committee, one of which must be the President or the Executive Secretary-Treasurer, shall constitute a quorum.

b)

TRUSTEES (AUDITING AND FINANCIAL) Section 1L

The Trustees shall have supervision of all funds and properties of the Council subject to such instructions from the Executive Committee as they may receive from time to time.The title to all property of the Council shall be held in the name of the Trustees of the Council 14

15

c)

The Council may establish monthly dues or increase work ing dues payable to the Council by a majority vote of the Delegates voting at a Special Called Meeting of the Council held upon not less than thirty (30) days written notice to the principal office of each Local Union.

Mdendum to Section 12 Supplemental Dues

a) b) Supplemental dues shall be paid directly to the Council. There will be a .cupplemenral dues check-offfor all persons working under a Collective Bargaining Agreement in the amount ofthe current supplemental dues per hour for each hour worked or paid for by a contractor. For each increase in the hourly wage rate under the Southern California Collective Bargaining Agreements there will be an increase in the hourly supplemental dues check-off in the amount of one cent ($0.01) per hour for each twenty cents ($0.20) per hour increase in the wage package per ear (including any contributions to the Vacation Fund). For each increase in the hourlv wage rare under the Nevada, Arizona. Utah or New Mexico/West Texas Collective Bargaining Agreements there will be an increase in the hourly supplemental dues check-off in the amount of one cern ($01)!) per hour for each twenty-five cents ($0.25) per hour increase in the wage package per year (including any cornributions to the Vacation Fund).

d)

If a member who owes working dues fails to pay them as provided by these Bylaws, such working dues shall be charged to the member by notice in writing that same must be paid within thirty (30) days to entitle the member to any privilege, rights or donation. If the member does not make payment of arrears within the time prescribed, the member shall not be in good standing and he or she shall be noti fied in writing that unless the amount owed is paid within thirty (30) days thereafter his/her name shall be stricken from the membership. Notices shall be seat to the last known address of the member reported by the member to the Local Union.
For any quarter in which less than ninety (90) percent of a Local Unions membership have not signed authorization cards providing that working dues will be paid to the Council, a per capita tax lathe appropriate amount shall be payable by such Local Union to the Council based on the number of non-participating members.

c)

d)

e)

0 The Council may impose a per capita tax on each Local in

e)

the appropriate amount. The Council may increase the amount of the per capita tax by majority vote of the Delegates voting at a Special Called Meeting held by the Council upon not less than the thirty (30) days written notice to the principal office of each Local. 16

Local Unions, who for any quaner in which less than nineiv (90) percent of that Local Union r membership has signed authoritartan cams providing that the supplemental dues will be paid to the Council, such Local shall pay the Regional Council a per capita tax of nvo-hundred-fifty dol lars ($250) per month per active member who has not signed an authorirprion card. 17

I)

The Executive Commirte shall have the authority to make exceptions to the payment of per capita ax or supplemen tal dues to this Regional council.

g)

When a member in arrears squares up, his/her L.ocal Union shall pay his/her back per capita tax/supplemental dues to the Regional Council.
b)

and administrative office and operating expenses. These c.rprnses are no, limited to but shall include office equip mem. supplies. printing. postage. utilities, rents, etcetera and all membership per capita taxes and other casts associ ated with membership functions such as Officer and Delegate expenses, pin ceremonies, picnics and the like. The Execi4tive Secretary-Treasurer may at his/her discre tkm,at the end ofeach fiscal year, require any Local Union to transfer any cash, stock, bonds and such cash equivalents that are deemed to he excessive provided the Local Union is left with at least iwo-hundred-fifty thousand dollars ($250,000) in liquid assets.

MONTHLY DUES Sedion 13. The monthly dues payable to the Local Unions in this Council shall be established by the L.ocal Unions and must be adequate to enable the Local Unions to operate in an efficient, proper and solvent manncr in the service and best interests of its membership.
Monthly dues payable by the members to the Local Unions shall not be increased except upon the approval by majority vote by secret ballot of the members in good standing voting at a general or special membership meeting after reasonable notice or by majority vote of the members in good standing in a membership referendum conduct. ed by secret ballot. In addition, monthly dues payable to Local Unions must be approved by the Council.
Each Local Union shall furnish the Council with a correct monthly report of all members m indicated by the International per capita sheet.

Legal Counsel Each affiliate Local Union shalibe required to pay amounts necessary to maintain legal counsel for the Regional Council and its affiliated Local Unions. These amounts shall be set by the Executive Committee. Sodal Ewnis Expense Lindis A Local c expenses for social events in a fiscal year shall not exceed an wuount equal a, its prior June mnnbership times $10.00. Any exceptions to this limit must be approved in advance by the Regional Council Executive Bawd Nevada Organizing And Defense Fund The Local Unians in Nevada shall maintain the Organizing and Defense Fund so be financed bya $3.00 per member monthly per capi ta, assessed on each Local Union.

Addendum to Sttion 13 Local Funds andAssets

a)

Each Local will be responsible for paying its own general 18

19

COUNCIL REPRESENTATION
Sedion 14. Each Local Union shall elect a Delegate or Delegates to the Council in accordance with the Constitution and Laws of the United Brotherhood governing nomination and elections in subordinate bod ies. The ratio of representation from each Local Union to the Council shall be determined by the Council. A member of a Local Union who meets the qualifications of Section 31 D of the Constitution and Laws of the UnIted Bmthethood shall not be ineligible to be a Delegate because he or she is a Representative of the Council, nor shall an oth erwise qualified Delegate to the Council be ineligible for appointment as a Representative becanse hen she is a Delegate. Each Local Union shall submit the conact number of members on their rolls from month to month on and afler the first meeting of each month. The ratio of representation from each Local Union to the Council shell be as fdlows: each Local shall have one (I) Delegate for its chatter and one (I) additional Delegate for each three hundred (300) members or each major fraction thereof, not to exceed a maximum of twentyfive (25) Delegates from any one Local. The Executive Secretary-Treasurer shall notify each Local Union by mail, no later than April 15th of the year of each General Election of Local Union Delegates to this Council, the correct number of Delegates each Local Union is entitled to have elected.
Ad&ndn,.m to Section 14

DELINQUENT LOCAL UNION

Sedlms 15. A Local Union owing per capita tax for two (2) months and the same not being paid by the end of the third month, such Local Union Delegates shall not have a vote or voice in the Council. When a Local Union owes a sum of equal to three (3) months per capita to the Cotucil, its Delegates will not be entitled to a seat in that body nor shall the members of the delinquent Local Union be entitled to the Working Card of the Council.

DELEGATE CREDENTIALS
Seotion 1. Reourding Secretaries of Lca1 Unions must forward credentiaia of Delegate or Delegates from their Local Union to the Council properly signed by the President arid Recording Secretary with the seal of the Local Union affixed. They shall be referred to the Executive Committee who shall investigate the same and report their findings to the Council with recommendation thereof.

DELEGATES ATEND1NG MEETINGS

Sedin 17. Any Delegate to this Council falling to attend its meetings, shall, upon the third (3rd) offense provided they are successive and no reasonthle excuse is presented and accepted by a ns*jocity vote of the Council, stnid su,enderj and his/her Local Union shall be so notified.

Representation Ratio The number of Delegates a Local is entitled shall not change between ierm.s and shall remain fixed until the Lacals next General Nominations and Elections of Delegates.

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COLLECTIVE BARGAINING
Section IA. TheCouncil shalt have the exclusive pov.r and authority to negotiate, ratify and execute Collective Bargaining Agreements for and on behalf of its affiliated Local Unions, except to the extent the International Union exercises its jurisdiction or authority. The Executive Secrettay 11earorer may mrdce exceptions for inthvidtarl Locals. The method of collective bargaining ratification, which may include a vote of the membership, shall be decided by the Council. Rirthermore, theCouncil shall have the authority to ulopt rules and ixocedtxes gay. eming the method of ratification. Addendum to Section 18 Contract Ratification The Southwest Regional Council shall ratify all Master Collective mner: The Delegates for the Bargaining Agreements in the fofiow.ng m area affected by the contract shall make a reccanmendarion on the rat ification to the Council; Delegates from Southern California on Southern California agreements: Nevada Delegates on Newida agree ments: Arizona Delegates on Arizona agreements: Utah Delegates on Utah agreements: New Mexico/West Texas Delegates on New Mexico/West Texas Agreements. Upon receipt ofthe recommendations the Delegates of the full Council shall vote as soon as possible on the final ratification. Pending ratification the Executive Committee may authorize the signing ofa Master Agreement subject to final approval by the Delegates f the full Council. The Executive Committee shall have the authority to approve and sign any minor modifications to the Master Agreements as well as any ancillary specialized or project agreements.

The Executive Secretary-Treasurer may make exceptions to allow for specialty contracts to he ratified by the affected members q the Local Unions.

TRUST FUNDS
Sedion 19. All allocations from negotiated total wage amounts to Annuity, Health and Welfare, Pension, Funds sponsored by the International. Apprenticeship and miming, Labor-Management Cooperation Committees, Vacation Savings and Holiday Plans, shall be determined by the Council.

DELEGATES MEETINGS
Sedion 20. a) The meetings of this Council shall be held quarterly, and no business shall be transacted after 11:00 p.m. unless by a majority vote of the Delegates present immediately after the rctaling of the minutes. Special meetings may be called by the Resident and Executive Secretary-Treasurer upon writ ten request of three (3) Local Unions and the nature of the business shall be stated and no other business shall be truns acted except that for which the meeting is called. The Executive Secretary-Treasurer shall notify earh Delegate to the Council in advmce to attend the meeting. Reports set forth in (B), (C), and (D) below must be pro vkled to the Delegates at every regular meeting. 23

22

Organizing Report The Director of Organizing for the Council shall report to the Delegates on organizing activi ties within the Council. including, but not limiting his report to, indusby targets, developments in ongoing pio grams, obstacles faced and the involvement of Volunteer Organizing Committees with Organizers in job site actions and house calling. The ieport shall include specific targets, the specific number of job site actions and the specific number of house calls made to non-union carpenters since the la report, the names of any contractors signed and the number of mem bers brought in with that contractor.

not limiting his report to, political organizing activities; cur rent legislation on the lderaI, State, Provincial and Local levels: and the involvement of Volunteer Organizing Conimittees in the oraJl Coumil political program. When appmpriate, the prmentation will include political camplagn activities, membership voter registration, membership voter edneation programs, md reports of contacts with govern ment officials. Sedion 21. All meetings for this Council shall be of executive session. The fiscal year for this Council shall be July 1st to June 3Oth.All accounts shall be audited and a complete financial report for the fiscal year be brought forth by the Auditing Committee no later than ninety (90) days following the close of the fiacal year.

c)

The Senior Business Membership Retention Report Agent, or a Service Representative appointed by the Executive Secretary-Treasurer, shall report to the Delegates on membership retention efforts. The report, based on the Ultra Growth and Retention Report, will include, but is not limited to, the cunent number of members; the number of members initiated, on withdrawal or transferred since (he last report; and specifically the number of members brought in through organizing activities. For members leaving the Brotherhood, the report should include an overview of the reons as well as all efforts at membership contact, includ ing contacts to encourage membership participation, and contact to members in arrears or on withdrawal to encourage their continued membership. Political and Legislative Report The Council Political Director shall report to the Delegates on political organizing and legislative activities within the Council including, but

OFFICEkS BOND
Sedion Every officer, agent or employee of the Council who handles funds and property thereof shall be bonded through the General Office for the faithful discharge of their duties.
.

d)

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25

SPECIAL DISPENSATION
Section 23. Any member incapacitated by old age or accident desiring special dis pensation may make application for same ttrough the Executive Cosrsnittee of the Council.

America (IJBC) Constitution. Amsngements may be made for the pay. meat of initiation fees by installments. The initiation fee for appren tices shall be in aecordance with the Constitution and Laws of the IJBC. Where an ex-member has violated any of the Rules and Laws of this Council and has been tried and found guilty of same and where a fine has been imposed, such fine must be paid before initiation.

Dispensation Locals may appy for temporary dispenxrkin ofanvpnwixion of there Bylaws by making their request in withig to the Executive Comminee.

WORKING CARDS
Section 26. The Council shall have the power to issue Waking Cards to the Local Unions for each member of the United Brotherhood on the Local Unions books. No member shall be entitled to receive a Working Card fran a Local Union unless all arrearapes for dues, fines and assessments are paid in full.

CHARGES AN]) TRIALS

SectIon 24. The chasEes and trial procedures shall be as set forth in the Con stitution of the United Brotherhood.
10

,)erunn

Local Union Dials A .separate Trial Panel may be established in a Local Union fbi pro cescing charges within their jurisdiction where the General President has gramed Special Dispensation from this Cowicll:s Trial Procedures.

Addendum to Section 26 Council Membeiship Trunsfexe Any member a*o wants to transfer their membership fran the juris diction of one Local Union to another within the geographical area covered by the Regional Council must have such transfer ofmember ship approved by ihe Ret kinol Councilr Executive Committee.

REPRESENTATIVES AND ORGANIZERS

SectIon 27. All Representatives and Qganizers workir in the jwisdiction of the Council shall be employed by and placed under the supervision and direction of the Exectaive Secretaiy-fleastwer of the Council. No Representative, Oigani.zer or Special Representative shall have

INITIATION FEES
SedInn The initiation fee(s) in this Council is set by the Council ennsistent with the emts of the Unind Brotherhood of Carpenters and Joiners of

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27

authority to act as such until he or she receives the preper credentials from theCouncil. The Local Unions shall not be allowed to employ anyone other than clerical employees. Any member who represents himself or herself as a Representative or any member acting as such and not having received credentials from the Council, or a Business Representative whose credentials have been canceled and who represents himself or herself as a Representative of this Council or any Local Union, shall for the first (1st) offense, after having been tried and found guilty, be fined a sum of not less than fifty dollars ($5000) and for the second (2nd) offense, if found guilty, shall be expelled fiom the UBC.

Nevada Political Action Fund Nevada revenues for the Public Relations and Political Action Conanittee shall be funded by a minimum of one dollar ($1.02) per month per member paid on all members in Nevada Local Unions. These funds will be segregated into a non-interest bearing account and will be used exclusively in Nevada.

LAWSUITS AGAINST THE COUNCIL

Sedon No member fined, suspended or expelled by action of the Council shall file any lawsuit against the Council, its Officers or Re jzesentati yes, or its affiliated Local Unions without first exhausting all appeal remedies provided for in these Bylaws and the Constitution of the United Brotherhood.
.

FURTHER OBJECTIVES Seetlon 28. AMENDMES

Sedlon 30. a) Any amendments and changes to these Bylaws may be put into effect by the action of the Delegates at a Special Called Meeting of the Council.
b)
-.

The Council shall have the authority to organize and operate a special Political Education Committee for the pulpose of political objectives including, but not limited to, publk relations, political activities and contributions and fiirthenmce of legislation. Addendum to Section 28 Public Relaims and Political Educdion Funds The Regional Council shoil have the authority a organize and oper. ate Public Relations and Political Education Funds for Southern California, Nevada. Arizona. Utah and New Mexico/West Texas as allowed for by all applicable law and authorized by the Erecutive

!.

Conuniiree.

Ajxoposed change must be submited in writing by three (3) Local Unions with the seal affixed provided that the Resolutions Cemmittee consisting of three (3) or nxre members has reviewed and approved the resolution as to its legality in accorcbnce with the Constitution and Lows of the United Brotherhood and the applicable Collective Bargaining Agreement, and State and Federal laws.

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29

c)

Al) changes or proposed changes to the Bylaws or Trade Rules of this Council or any of the Local Unions shall be first referred to the Execilive Committee for consideration and recommendation, and then referred to a Bylaws Corranittee, pending approval by the Council and in acax dance with Section 1 lB of the Constitution and Laws of the United Brotherhood, the proposed changes must be submrt Lcd to the General Vice President for approval.

c)

Any subject not covered by these Bylaws and Tiade Rules shall be governed by the Constitution of the United Brotherhood and nothing in these Bylaws shall in any way be construed to conflict with the Constitution of the United Brotherhood. The Executive Committee of the Council shall have the authority to call a Special Called Meeting. Written notice of a Special Called Meeting must be given to all Delegates and the principal office of ench Local Union at least thirty (30) days prior to such Special Called Meeting.The Delegates of any Special Called Meeting of this Council shall consist exclusively of the Delegates to this Council. All current Bylaws of Locals must be submitted to the Council for aroval. All Bylaws of Local Unions that are inamsistent with these Bylaws are superseded.

d)

SEVERABILITY
Section 31. If any section or part of these Bylaws thall be held invalid by opera tion of law or by any tribunal of competent jurisdiction, the remaining sections of these Bylaws shall not be affected thereby and shall remain in full force and effect.

e)

MISCELLANEOUS
Section 32. a) The Council by majority vote of the Delegates present, either in regular or special session, shall have the authority to adopt operating procedures to govern the Council and all Local Unions, and to enact all measures, resolutions, trade rules, instruction to members and Local Unions and all other actions that may be necessary to further the objectives and purposes of the Council.
b) These Bylaws. Trade Rules and any other roles, resolutions and directives adopted by the Council shall govern and be binding on each Local Union.

Addendum to Stion 32 Ap1icubk Lawr These Bylawsandorher related rules and regulations will be interpret ed and implemented in accordance to all applicabk governing docu ments and law. fIRING HALL OR JOB REFERRAL SYSTEM Section 33. The Exeartive Committee of the Council shall adopt, and all workers shall be governed by, unif&m rules and/or procedures for the registra tion andlor referral to employment of unemployed workers. Workers shall have employment mobility throughout the territorial jurisdiction of the Council. 31

30

Ad&ndum to Seclian33 Hiring Hall,

b)

Amemborshalinotrefuse tocease work orleaveajobby order of a Council credentialed Business Representative. No member shall work on any job to which access during working hours is denied to the Bininess Representative unless instructed to do so by the Business Reixesecaative. It shall be the duty of all members to support the Unions effort in monitoring the job by cooperating with the Job Steward andlor Business Representative. When a job has an appointed Steward, no member shall work on that job without the Steword or without obtaining a Business Representatives approval. MaIntaining the Contracts Stanthrds

a)

The rules and procedures for job referrals out ef a hiring hail shall be applied uniformly in relation to any given Collective Bargaining Agreement. The Regional Council or Local Union may establish a fee for the u. of the hiring hail sy.uem. For all non-members the fee shall be the lesser of the equivaloit ofmomhly dues induding check-offor the actual cost of operation ofthe hir ing hall.

c)

b)

d)

e)

TRADE RULES
Note: It is understood that where portions of the Bylaws and Tmdc Rules or Executive Committees Standing Orders are in conflict with a Collective Bargaining Agreement, the Collective Bargaining Agreement supersedes such rules. A member violating any portion of this Councils Bylaws and Trade Rules or Executive Committees Standing (ders or Bylaws of their Local Union or the Collective Bargaining Agreement they are work ing under, shall be subject to charges in accordance with the Constitution of the United Brothethood of Carpenters and Joiners of America and if found guilty shall be fined or disciplined by an appro priate penally under said Constitution. RULE-i Job Site Instnscticais a) All members shall honor a duly authorized picket line sanc tioned by the Southwest Regional Council of Carpenters by refbsing to work behind it.

RULE -2 a)

Without prior written proval from the Council, members shall only be allowed to work for employers who are signed to a Collective Bargaining Agreement with the Southst Regional Council of Carpenters, its affiliated Local Unions or an International Agreement with our Biutheibood.
Early starts and latc roil-ups are prohibited. Any member found working at a job site before the regular starting time of that project and/or after the regular quitting time except in the case of an emergency shall be in violation of this rule.

b)

c)

Any member found working for less than scale shall be sub ject to a minimum fine of a full days wages at scale.

d) Where more than one shift is worked in twenty-four (24)

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hours, members shall not work more than one shift at the straight time rate. c) Members mutt show proof of their weekly wages when requested to do so by a Business Representailve or lob Steward.

c)

No member working as an Apprentice, Journeyman, Foreman andlcr Superintendent shall willfully violate or cause the Occupational Safety and Health Act (OSHA) to be violated so as to endanger the lives or physical safrty of other members on the job.
No member shall establish a pace setting sate of work for the crew.

d) I) No member shall provide transportation or equipment, other than authorized hand tools. Members shall not be permitted to furnish, rent, lend or provide tools in any manner, unless so provided in the Collective Bargaining Agreement. Any member working for an employer and falling to receive their weeks wages on the regular payday shall immediately notify the Rcgional Council office. The Council shall assign the Representative who has jurisdiction of the work to pro ceed to collect the back wages. Any member failing to report the failure of wage payment within forty-eight (48) hours (2 working thys) from the regular payday shall forfeit the serv ices of the Union in collecting back wages. Forfeiture will be strictly enforced.

e)

No member shall be allowed to solicit a piecework contract for labor only.

g)

RULE -4 General Rules a) Every member who is working is required to carry a Working Card showing dues paid for the current month. Any member who is shown a United Brotherhood of Carpenters Work Dues Card and is asked by that person to see hislher Woticing Card is obligated to produce their Working Card for inspection.
A member shall not give, lend or sell their Wodcing Card to another person. Standing Orders of the Regional Councils Executive Conanittee shall be observed and enforced in the same man ner as these Bylaws.

b)

RULE -3 Upholding Union Principles

a) All members shall actively protect and enforce the United Brotherhood of Carpenters trade jurisdiction. Foremen and!orSupenntendents are held to a higher level of reonsibility for protecting the trade jurisdiction and to ensure that work they supervise is performed by none other than United Brotherhood of Carpenters members. c)

b)

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Southwest Regional Council

of Carpenters

DIRECTORY
SOUTHWEST REGIONAL COUNCIL
OF CARPENTERS
533 S. Fiemont Avenue. 10th Floor Los Angeles, CA 90071 Phone:(213)385-1457. Fax:(213)385-3759 501 N. Lamb Boulevard Las Vegas, NV 89110 Phone: (702)531-1800. Fax:(702)531-1844 1150 Terminal Way Reno, NV 89502 Phone: (775) 323-1409 Fax: (775) 323-6561

4
Representing Over

4547 W. McDowell Road Phoenix, Arizona 85035 Phone: (602) 272-2700 e Fax: (602) 272-1928
8149 S. Welby Park Drive West Jordan, UT 84088 Phone: (801)280-0292. Fax: (801)280-0370 1021 Canienas Drive,N.E. Albuquerque. NM 87110 Phone: (505) 256-3396 Fax: (505) 268-9066 37

65,000 Carpenters
in Southern California, Nevada, Arizona, Utah and New Mexico/West Texas
36

SENIOR AFF Mike McCarron Mare Furman Wayne Catalano James Flores Hal Jensen Rick Mills Randy Thornhill

Executive Secrctary-lleasurer
Sr. Administrative Assistant Administrative Assistant Administrative Assistant Administrative Assistant Administrative Assistant Director. Special Projects

COUNCIL OFFICERS & EXECIJflVE COMM1TEE

Mike McCaffon Jackie Barnett Hal Jensen Wayne Catalano James Flores Herb Friedenthal Marc Fusman Rick Mills Randy Thornhill Ruben Zuniga

Executive Secretary-fleasurer President

Vice President Executive Board Member Executive Board Member Executive Board Member Executive Board Member Executive Board Member Executive Board Member Executive Board Member Warden Conductor Thistec Thstec

DIRECTORY ()f

LOCALS

Mike Magallanes
Bill Hirschi John Foster BJ. Hayden

Dan Langford

Thstee

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SOUTHERN CALIFORNIA
Local Union 150 412 Dawson Drive Camarillo, CA 93012 (805) 482.1905 (805) 389-0707 Fax Local Union 209 15881 Valley View Court Sylmar, CA 91342 (818) 364-9303 Fax (818) 364.2986 Local Union 409 533 S. Fremont Avenue, #410 Los Angeles, CA 90071 (213) 385-3510 (213)488-1697 Fax Local Union 440-L 1605 N. Susan Street Santa Ana, CA 92703 (714) 554-1644 (714) 554-2044 Fax Local Union 547 8595 Miralani Drive, SB San Diego, CA 92126 (858) 621-2674 (858)621-2683 Fax Local Union 630 341 E. Wardlow Road Long Beach, CA90807 (562) 427-0977 (562) 595-4187 Fax Local Union 721 10015 Rose Hills Road, #100 Whittier, CA 90601 (562) 695-0571 (562)695.1159 Fax Local Union 743 911 20th Street Bakerafield,CA 93301 (661) 327.1429 (661) 322-8577 Fax Local Union 803 1918 W. Chapman Ave.. #200 Orange, CA 92868 (714)978-6232 (714)937.8928 Fax Local Union 944 3250 E. Shelby Street Ontario, CA 91761 (909) 887-2524 Fax (909) 880-3724

Local Union 1062 403 B. Montecito St., SC Santa Barbara, CA 93101 (805) 965-1031 (805) 962-1293 Fax Local Union 1506 5164 Santa Monica Boulevard Los Angeles. CA 90029 (323) 660-1506 (323) 660-0382 Fax Local UnIon 1506 8595 Miralani Drive, #A San Diego, CA 92126 (858) 621-2670 (858)621-2673 Fax Local Union 1553 13144 S. Prairie Avenue Hawthome,CA 90250 (310) 219-3800 (310)219.3818 Fax Local Union 1607 932 S. Gerhart Ave., #200 Los Angeles, CA 90022 (323) 724-0178 (323) 724-3844 Fax

Local Union 1800 117 Poole Street Arroyn Grande, CA 93420 (805) 473-1800 (805) 473-2423 Fax Local Union 2007 19l6 W.ChapmanAve.,#B Orange, CA 92868 (714) 385-2257 Fax (714) 385-2260 Local Union 2361 1916W. Chapman Avenue Orange, CA 92868 (714) 978.2361 Fax (714)978-3791 Local Union 2375 728 N. Lagoon Wilmington, CA 90744 (310) 830.5300 Fax (310) 830-2375

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NEVADA
Local Union 897 2071 Highway 95,#3 Bullhead City, AZ 86442 (928) 763-1221 (928)763-1131 Fax
Local Union 971 1150 Terminal Way Rcr,o, NV 89502 (775) 323-8492 Fax (775) 323-8724 Local Union 1780 501 N. Lamb Boulevard Las Vegas, NV 89110 (702) 531-1803 (702)531.1846 Fax

ARIZONA
Local Union 408 Central 4547 W. McDowell Road Phoenix, AZ 85035 (602) 484-0444 Fax (602) 272-1977 Local Union 408 Northern 2126 Walgreen Street Flagstaff,AZ 86004 (928) 714-9778 Fax (928)714-9779 Local Union 408 Southern 3985 N. Benan Venture Drive Tucson, AZ 85705 (520) 624-5551 Fax (520) 670-0070
Local Union 1506 4547 W. McDowell Road Phoenix, AZ 85035 (602) 643-l506 Fax (602) 643-1507

Local Union 1827 501 N. Lamb Boulevard Las Vegas,NV 89110 (702)531-1827 (702)531.1844 Fax Local Union 1977 501 N. Lamb Boulevard Las Vegas, NV 89110 (702)531.1805 (702)531.1847 Fax

Local Union 1506 3985 N. Benan Venture Drive Tucson, AZ 85705 (520) 624-5551 Fax (520) 670-0070
Local Union 2093 4547 W. McDowell Road Phoenix, AZ 85035 (602) 272-2700 Fax (602)272.1928

UTAH
Local Union 184 8149 &Welby Park Drive West Jordan, UT 84088 (801) 280-0292 (801) 280.0370 Fax

NEW MEXICOIWEST TEXAS

Local Union 1245 1880 N. Solano Las Cruccs,NM 88001 (505) 525-0685 Fax (505) 525-8648 Local Union 1319 1021 Cardenas Dr. N.E. Albuquerque,NM 87110 (505) 2684380 Fax (505) 268.9066
Local Union 1353 492 W. Water Street Santa Fe,NM 87501 (505) 982-0912 Fax (505)982-4477

Local Union 1507 8149 S. Welby Park Drive West Jordan, UT 84088 (801) 280-0292 (801)280.0370 Fax

Local UnIon 1498 51 S. University Drive, 3ll Provo, UT 84601 (801) 373-7220 (801) 373-3702 Fax

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OBUGATION
I do of my own free will and accod solemnly and sincerely promise on my sacred honor, that I will never reveal by word or deed any of the business of this United Brotherhood unless legally authorized to do so. I promise to abide by the Constitution and Laws, and the will of the majority observe the Bylaws and Trade Rules established by the Local Unions and Council affiliated with the United Brotherhood, and that I will use every honorable means to procure employment for broth er and sister members. I agree that I will asl< for the union label and purchase union made goods. and employ only union labor when the same can be had. And I further agree that If at any time it should be discovered that I have made any misstate ments as to my qualifIcations for membership, I shall be for ever debarred from membership and donations in this order. I pledge myself to be obedient to authority. orderly in meetings. respectful in words and actions. and charitable in judgment of my brother and sister members. To all of this I promise and pledge my most sacred word arid honor, to observe and keep. and the sanietobindme as long asl remain amemberof this Brotherhood. And further affirm and declare that I am not now affiliated with and never will join to give aid, comfort or support to any organization that tries to disrupt any Local Union. District Council. State or Provincial Council or the International Body of the United Brotherhood of Carpenters and Joiners of America.
SWONN TO Y EVERY IMBER ON TIR MEMBEFSHP APPUCATEON)

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3 1IflIHXI

IJMlTlll) BB.OTlllflHOOD oi CAItPENTER S AIJ) JOINERS OF AMERICA

Oeneral Srctary-Treaurer June 28, 2013

VIA FIRST CLASS MAIL,AND RETURN RECEIPT REOU ESTED, AND HAND DELI VERY Mr. Mike MeCarron do Southwest Regional Council of Carpenters 533 S. Fremont Avenue, t0 Floor Los Angeles, CA 90071-1712

j%zdris j.

Sums

Dear Sir and Brother: This is to notify you that charges have been filed against you by Michael V Draper, District V ice Prcsidcnt, Western District, of the United Brothe rhood of Carpenters and Joiners of America (U BC), under Section 1 4D of the UBC Constitution. (A copy of the charges is

enclosed.)

In accordance with the UBC Constitution, you have the right to present your case before a Trial Committee appointed pursuant to Section 14D of the UBC Consti tution. Furthermore, you will be notified as to when to appear before the Trial Committee for a trial on the abovementioned charges. The date, time and location of the trial will be determ ined soon.

The trial will be conducted in accordance with Section 140 Trial Proced ures established by the tJBC General Executive Board. A copy of these procedures is enclos ed for your review. In accordance with Section 52(1) ol the UJ3C Constitution, if you fail to appear at this trial the Trial Coimnittee will proceed with the trial as though you were presen t. Furthermore, p Lease be advised of the requirements provided for under federal law regarding the use of union assets. Specifically, 501 of the Labor Management Reporting and Disclosure Act of 1959 (29 USC 401 el seq.) provides, in part, that: (a) (t)he officers,.. .of a labor organization occupy positions of trust in relation to such organizations and its members as a group. It is, therefore, the duty of each such person, taking into accoun t the special problems and functions of a labor organization, to hold its money and property solely for the benefit of the organization and its members and to manage, invest, and expend the same in accordance with its constitution and bylaws and any resolutions of the govern ing bodies adopted thereunder.... A general exculpatory provision in the
Washington, DC 20001

WI Constitution Avenue. N.W.. 10 Floor

Phone (202) 546-6206

Fo.c: (202) 54:3.r1724

Mike Mc(arron June 28, 2013 Page No.2 constitution and bylaws of such a labor organization or a general exculpatory resolution of a governing body purporting to relieve any such person of liability for breach of the duties declared by this section shall be void as against public policy.
(c) Any person who embezzles, steals, or unlawfully and willful ly abstracts or converts to his own use, or the use of another, any of the moneys, funds, securities, property, or other assets of a labor organi zation of which hc is an officer, or by which he is employed, directly or indirectly, shall be fined not more than $10,000 or impris oned for not more than five years, or both.

Please see, e.g. Ifighway Truck Drivers arid Helpers Local 107 v. (ahen, 215 F. Supp. 938 (ED. Pa. 1963). As an officer of the Southwest Regional Council of Carpenters (Council) and Local Union 1506, you are rcquircd to abide by the requirements of the LMRDA, including, but not limited to, 501. Accordingly, it would be unlawful for any assets of the Council and/or Local Union 1506 to be used to help provide a dcfcnse to these charge s. Failure to comply with applicable law and/or the UBC Constitution may result in further action being taken. Fraternally yours,

AndrisJ.Si mis General Sccrctaty-Treasurer lnclosures: Charges, Trial Procedures cc: Michael V Draper, District Vice President, Western Distric t (w/cnclosures)

__________________________________________________________________________________)

To:

Andris J.

Sums,

General

Secretary-Treasurer

United

Brotherhood

of Carpenters and

Joiners

of America

101

Constitution

Avenue,

N.W.

Washington, D.C.

20001

For Submission to the Trial Committee ofthe United Broiherhood of Carpenters and Joiners of America General Executive Board

In the Matter of
Michael V Draper, UBC District Vice President, Western District

) ) ) ) ) ) ) )
)

Charges: UBC Constitution, Sees. 51 (A)(4), (6),and(12)

-against-

Mike McCarrori. a member of the United Brotherhood of) Carpenters and Joiners of America, ) at all relevant limes. )

Pursuant to Section 14 (D) of the UBC Constitution, 1, Michael V Draper, in my capacity as District Vice President, Western District, United Brotherhood of Carpenters and Joincrs of America (IJBC), hereby charge Mike McCarron (MeCarron), at all relevant times a member of the UBC, with violations of the URC Constitution as set forth below. INTRODUCTION McCarron is the Executive Secretaiy-Treasurer the Southwest Regional Council of Carpenters (the SWRCC). Ihe SWRCC has experienced serious financial uncertainty under McCarron. In 2009 and 2010, it suffered operating losses totaling $43.3 miLlion. During this time period, the SWRCC secretly improved its financial position (we now have learned) by charging the Southwest
of

Carpenters Training Fund (the Training Fund) inflated, above-market rents to leasc real estate for more than five years. These transactionswhich are illegal under federal law grossly favored the SWRCC at the Training Funds expense. McCarron reviewed and approved each of the illegal transactions, in most cases personally signing the lease documents on behalf of the SWRCC. (Jntbrtunately, McCarron is not just an officer of the SWRCC. He also serves as a trustee for the Training Fund. As a trustee, he owes the Training Fund and its individual participants and beneticiaries duties of the utmost loyalty, diligence, and care. Under federal law, McCarron was required to ensure that the Training Fund paid no more than reasonable compensation. 29 U.S.C. I 106(a)(l )(A). I 108(b)(2). McCarron has an obvious conflict of interest when the SWRCC (which pays his nearly $300,000 salary) negotiates multi-million dollar commercial transactions with the Training Fund, wbich he has a duty to protect. Yet McCarron did not seek outside appraisals when negotiating the above-market rent the Training Fund would pay the SWRCC. lLstead, he personally approved transactions through which the SWRCC drained more than $5.1 million from the Training Fund. Although McCarron has now caused the SWRCC to repay the money, he did so only in response to a United States Department of Labor investigation that remains ongoing. As detailed below, these related-party transactions violated the UJ3C Constitution as well as federal law. In view of these significant violations, and pursuant to Section 14(D) of the UBC Constitution, a Trial Committee of the UBC should he convened to consider the evidence and, if warranted, to impose an appropriate sanction, including expulsion from the UBC and its subordinate bodies. FACTS A. Mike McCarron. McCarron has been a member of the IJBC since 1978. He has served as Executive Secretary-Treasurer of the SWRCC, a subordinate body of the UBC, for more than a decade. In addition to being an officer of the SWRCC, McCarron also has served as a trustee of the Training Fund.
2

B. Pertinent Federal Laws. The SWRCC qualifies as a labor organization under the Labor Management Reporting and Disclosure Act (29 U.S.C. 401 et seq.), and the Training Fund qualifies as a welfare plan under the Rmployee Retirement Income Security Act (29 USC 1001 et seq.). Federal law imposes stringent fiduciary duties of loyalty and care on trustees and officers of organizations such as the Training Fund and SWRCC: A fiduciary. shall not cause the plan to engage in. leasing, of any property between the plan and a party in interest unless no more than reasonable compensation is paid therefor. 29 U.S.C. 11 06(a)(1 )(A), 11 08(b)(2). (The SWRCC is a party in interest with respect to the Training Fund. See 29 U.S.C. 1002(14)(D).)
. .

..

A fiduciary. . . shall not cause the plan to engage in a.. direct or indirect.. . transfer to. a party in interest, of any assets of the plan unless no more than reasonable compensation is paid therefor. 29 U.S.C. I 106(a)(I)(D), I 108(b)(2).
.
.

It is a federal crime punishable by up to five years imprisonment to un1awftlly and willfuy abstract or convert[] to 1s own ue or the ue of another, any of t moneys.. . of any employee welfare benefit plan. . or any fund connected therewith. [8 USC 664 (emphasis added); see also 29 U.S.C. 50 1(c).
.

[A] fiduciary shall discharge his duties with respect to a plan solely for the in the interest of the participants and beneficiaries and exclusive purpose of. . . providing benefits to participants and their beneficiaries. . with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use. . . 29 U.S.C. I 104(a)(l)A)(i).
. .. . .

[Al fiduciary with respect to a plan shall be liable for a breach of fiduciary responsibility of another fiduciary with respect to the same plan. . if he participates knowingly in, or knowingly undertakes to conceal, an act or omission of such other fiduciary. 29 U.S.C.
.

 I l05(aXl).
[Al hduciarv with respect to a plan shall be liable for a breach of liduciary responsibility of another liduciary with respect to the same plan if he has knowledge of a breach by such other fiduciary, unless he makcs reasonable ctThrts under the circumstances to remedy the breach. 29 U.S.C. llO5(a(1).
. .

shall not... in his individual or in any other capacity A. fiduciary act in any transaction involving the plan on behalf of a party (or represent a party) whose interests are adverse to the interests of the plan or the interests of its participants or beneficiaries. 29 U.S.C. 1106(b)(2).
.

The officers, agents,.. and other representatives of a labor organization occupy positions of trust in relation to such organization and its members as a group. It is, therefore, the duty of each such person. to hold its money and property solely for the benefit of the organization and its members... [and] to refrain from dealing with such organization as an adverse party or in behalf of an adverse party 29 U.S.C. 501(u). in any matter connected with his duties,
.

..

ii is federal policy that labor officials adhere to the highest standards of responsibility and ethical conduct in administering the affairs of their organizations. 29 U.S.C. 40 1(a). C. The Ulegal Leases. The SWRCC has experienced serious financial uncertainty under McCarron. The SWRCC suffered a $35.2 million operating loss in 2009 and an $8.1 million operating loss in 2010, according to Annual Reports that McCarron (as Executive Secretary-Treasurer) signed and submitted to the Department of Labor. The SWRCC has a number of assets, including real properties that it owns or manages at the following locations: 3250 l. Shelby Street, Ontario, California 91764; 10015 Rose Hills Road, Whittier, California 90601;
4

15885 Valley View Court, Sylmar, California 91342; 2831 W. First Street, Santa Ana, California 92703; 412 Dawson Drive, Camarillo. Calilbmia 93012; 3985 N. Bcnan Venture Drive, Tucson, Arizona 85705; 8149 S. Welby Park Drive, West Jordan, Utah 84088; and 8525 Miralani Drive, San Diego, California 92126.

McCarron approved a series of lcascs, sublcascs, and lease addenda whereby the SWRCC leased or subleased these properties to the Training Fund. The lease documents (most of which McCarron personally signed on behalf of the SWRCC) provide for the payment of monthly rent by the Training Fund to the SWRCC. For SpproxiiiweJy $90,000 pr example, the T nEianwo py Ojario, CaWonaia. month fotthe use The rents paid by the Training Fund to the SWRCC from 2008 to 2013 were not established through competitive bidding, arms-length negotiations between disinterested representatives, or recent appraisals. Nor did McCarron recuse himself from participating in these transactions. To the contrary, MeCarron personally approved the amount of rent that the Training Fund paid to the SWRCC. As a result, the Training Fund paid the SWRCC amounts that grossly exceeded fair market value for these properties for a period of at least five years. Retrospective appraisals by Cushman & Wakefield and CBRE show that the SWRCC, under McCarron, drained $5.1 million from the Training Fund in the form of above-market rent from 2008 through June 2013. (The fair market values, rent payments, and overcharges for each property are set forth on Exhibit I attached hereto.) expenses increased from $290,974 (in 2008) to $307,055 (in 2012). Rather than reduce officer salaries and expenses to help meet the financial difficulties, McCarron allowed those expenses to grow.
During this period of financial uncertainty, McCarrons own salary and

1). Discovery of the Overpayments. ss of the Training Funds When questions were raised about the rent payments in 2011, MeCarron failed to haJs When the Training
5

Funds direc,iffilly hfted appraisers (be ni.githe s meltofk2(fl2), it was discovered that the SWRCC had systematically overcharged the Training Fund by h-vndrcds of thousands of dollars per month at eight different properties for a number ofycars. The Training Funds Qualified Professional Asset Manager whom the Training Funds Board hired in December 2012 in part because of concerns about the rent reported that the overcharges to1appoximajety $5. nillicn. See Exhibits 2-3. Even when the ovcrpaymcnts became known, rcarron did not. irirniediate1y agree to the SWRCCs repaying h moze tj$5.1 miWo1 oiercharge. Only after being intbrmed that the United States Dcpartrnent of Labor would he conducting an investigation did McCarron cause the SWRCC to repay t-ie $5.1 million, plus approximately $260,000 in compound interest. MeCarron nadc the trst payment (tbr $4,736,970.52) to the Training Fund on behalf of the S WRCC on May 31, 2013. See Exhibit 4. The Department of Labor investigation, which commenced on November 6, 2012, remains ongoing. See Exhibit 5. It could result in serious lines and other sa.nctions against the SWRCC or the Training Fund. L Violations of Federal Law. The transactions approved by McCarron violated federal laws and policies quoted above. For example, McCarron was a fiduciary of the Training Fund, yet he cause[d] the plan to engage in.. leasing, of any property between the plan and a party in interestthe SWRCCfor which more than reasonable compensation Iwals paid in violation of 29 U.S.C. 1106(a)(1)(A).
.

VIOLATIONS OF THE UBC CONSTITUTION The transactions approved by McCarron also violated the U13C Constitution. The Constitution prohibits a member from: Using General Funds or property of a.. Council... for. purposes [other than those] specified in the Constitution and Laws of the United Brotherhood [or] required to transact and properly conduct its business, UE3C Const. 54(A);
. . .

Misappropriating the ftinds of any subordinate body, or any moneys entrusted to him or her by a member or candidate for thc account of any subordinate body, id. 51(A)(4); Defrauding the United Brotherhood or any subordinate body, Id. 51(A)(6); and Violating the Obligation, Id. 51A(12), which requires a member to abide by the Constitution and Laws of the UBC, id. 44(D).
.

By approving the illegal, related-party transactions, McCarron caused the property of a. Councilthe SWRCC real estateto be used for.. purposes fother than thosci required to transact and properly conduct [the SWRCCs] business in violation of Section 54(A). UsliTTh SWRCOirjstet cfraIj the TPining Fund of asset in illegal transactions was not required to transact and propr1y conduct [the SWRCCsl business. The illegal transactions likewise required the SWRCCafter the wrongdoing was discoveredto make payments of coxnpound interest to compensate the Training Fund, another use of SWRCC funds for. purposes [other than those] required to transact and properly conduct its business. Id. 54(A). Thus, by violating Section 54(A) of the UBC Constitution, MeCarron also has violated, and is hereby charged with violating, Section 51(AXI2) (Violating the Obligation), which requires members to abide by the Constitution and Laws.
. .
. .

The illegal transactions approved by McCarron also had the effect of [m]isappropriating the funds of any subordinate body, or any moneys entrusted to by a member. for the account of any subordinate body, Id. IMcCarronl any subordinate body, Id. 51(A)(6). The and of[d]efrauding 5 l(A)(4), SWRCC negotiates employer payments to the Training Fund on behalf of bargaining unit members The illegal transactionfttively diveid suc1 empkyer payments away from members, to the Council, and then to McCarron and o1her SjCC officers in the form ofhigher salaxles and expense reimbursii Th illegal transactions made tlI SWCCs financial positio appear stroer than it really was. Thus, McCarron has violated, and is hereby charged with violating, Sections 51 (A)(4) and/or (6) of the UBC Constitution. Furthermore, because McCarron has violated Sections 5 l(A)(4) andJor (6) of the
. . ..

tJBC Constitution, he has also violated Section 51(A)(12) (Violating the Obligation), which requircs members to abide by the Constitution and Laws. WhEREFORE, the Charging Party respectfully rcqucsts that a Trial Committee be convened to consider the evidence pursuant to Section 14(0) of the UBC Constitution, and, if warranted, impose an appropriate sanction, including expulsion from the UBC and its subordinate bodies.

Resp

Ily

ml

iehaelV Draper UC District Vice President Western District

Dated:

This 28th day of June, 2013

___________

_________

SOUtI4WST CARPENTE3S TRAINWG FUND 2008- 2013 Reots Paid vi. M*rkci Reoli
(A)-(B) (B) (.4) c.-- VL8E 2013 _______ Market Reel Difirreoc, Real Paid 269,839.78 237,253,92 527.09370 97,711.72 230,480.64 328,192.36 84,412.48 273,499.20 351,931.68 306,464.42 109,296.00 215,760.42 38,394.78 97,31140 135,507.18 53,760.48 40,03500 93,195.48 36,229.94 69,636.80 85,846.74 9,823.34 99,64R00 109,47L14 (52,332.71) 74jO4 326,432.75 624,344.03 1303,314,71 1,911,718.74
-

(A)
<--

Pruperde, leased from Soutliw& Regional Council of C.rpeatcn; IropertyAddrela [)cicrlpilon Oninr;o 3250 Shelby St;cot I Ontario Wiittier I00l5RoseHllsRaad 2 Whiuic,8112 Sylrntr 15885 Vtillcy View Court 3 Sylniar Santo Ans 2831 V Firzitreet 4 SiintaAne Cornsrilio 412 DaweonOnve 5 Vciitura luc,on 3985 N Berain Venture Drive 6 Tu,.aon Wed Jordan 8149$ Welby Park Drive 7 Utah San Diego S San Diego #28525 852.5 Mirulani Drive Litnd Adjeceni to 10035 Roco I 111k Whittitr 9 Whittier 83

CA CA CA (A CA AZ UT (A CA

91764 90601 93342 92703 93032 85705 84088 92126 90603

Aoomiset C&W C&W C&W CuRE C&W CBRb C&W C13Ri C&W

Rent Paid 1,026.041.59 638,821.01 695.013,00 423.14180 263.094. 16 183.01994 166.692,72 215,753.82 45,72 343 3,7,9.4S

(B) YEAR 2012 Market Rt 514.30784 460.96128 546.99840 218.59200 194,224.80 80,070.00 139,233.60 99.296.00 252,865.50 2,606,749.42

(ii) Market 1iaI 504,660.80 384,13440 420,768.00 237,600.00 1)8,732.00 36,867.20 136,702.08 174,384.00 252,865.50 2,326,753.98

(A)

Iteni Paid Olifereac, 965,577.49 491,496.10 602,150.03 236,080.16 655,116.48 254,00t.i6 398,851.76 173,217.32 249,876.72 118,641.00 173,355.36 100,822.06 157,123.92 25,135.56 203,368.62 35,085.72 137,35&3S (111,388.45) 1,323,091.43 j,$42,776.73

(A)-QJ) (B) YiAR 2010 .--> Stark,, Dlfferencc Rent 350,137.49 615,440.00 243,624.59 358,525.44 l)9,284.48 455,832.00 137,491.76 261,360.00 111,144.72 (38,732.00 89,281.86 84,073.50 20,421.84 136,702.08 19,019.82 184,348.80 (115,509.15) 252865.50 1,054,897.41 2,487,879.32
.

(A)
<.

Rent Paid 891,472.08 503,359.14 626,772.72 389,151.72 244,404.72 t68,379.74 152,614.20 194,612.40 133,684.98 3,304,451.70

(A)(B) (B) YIAR 2009-> Marhd DIfference Rent 226,796,88 664,67520 119,224.74 384,134.40 170,940.72 455,832.00 127,791.72 261,360.00 105,672.72 138,732.00 88,309.74 80,070.00 10,849.08 141,765.12 5,281.20 189,331.20 (119,180.52) 252,865.50 735,686.28 2,568,765.42
.

(A)
<--

Rent Paid 824,473.80 420,684.24 617,510.04 383,400.72 240,792.84 163,404.12 148,104.48 188,861.64 131,709.36 .3,118,941,24

(A).(B) (B) YIAR 2008 .----> Market Dlffer.oce heat 110,060.85 714,412.95 (70,154.16 490,838.40 126,614.04 490,896.00 98,280.72 285,120.00 64,224.84 176,568.00 47,302,62 116,101.50 3,807.84 144,296.64 (2.960.76 191,822,40 (163,300.39 295,009.75 213 2,905,065.64

S Oco
3250 VISta D1a Rd 1.w.d. C, 92933-2014

SIR AT 13 C I ( P1OF13RTY AOVTSERS, (NC.

Tkphviif (619) 669.6688 Fax (619) 669.4844

spodvlsoq)

May3I,2013 Via UPS Mike MoCarron Executive Secretary-Treasurer Southwest Regional Council of Carpenters 533 Fremont Avenue Los A.ngeles, CA 90071 Re: Dear Mike: As you may recall on December 1,2012, Strategic Property Advisers was retained by the Fund to be its Investment Martager/QPAM (i.e., its asset manager) for (i) four real pEoporties in which the Fund holds a fee interest, (ii) eleven leasehold interests leased from the CounciL and (iii) two leasehold interests leased from local carpenters unions which fall within the jurisdiction of the Council. AIer reviewing the October 2012 fair rental values for the 13 leasehold interests Leased from the Council and local carpenter unions, we concentrated on the nine leasehold interests listed on Page 2 of Exhibit A. The nine leaseholds consist of nine leaseholds leased from the Council. We concluded that as to these nine leaseltolds (where it appcarcd.that market rental values were Lower thati contract rents), we sbould obtain fair rental value appraisals back to 2007. After we received the fair rental appraisals from 2007 through 201 1, we reviewed and analyzed the fair rental values for the nine Icaseholds from 2007 through 2012. We concluded that from 2003 through 2012, the Fund overpaid rent to the Council for these nine properties by $4,4S01 00.75. We then calculated current irnerest and annual compounded interest on these year-end overpayment balances at the then prevailing December 31st 1 0year Treasury rates. Our calculations indicated that the cumulative, compounded total interest due as ofOccember 31, 2012 was 5256,869.77. SW Can,enter Training Fund (Fundi Leases with Southwest Realonal Council nfCarpenters (CpunctlT

MAy31, 2013 Page2 U.pmduces a Adding together the overpaid back rent of $4A80,100.75 p total red due to the Fund from the Council of$4 i36,91O52 ftfUiild finm January l 2008 to December31, 20)2, We would apptvcii attention to thia matter. If you or your staff has any questions or cotun3ents on our enclosed calaladons please do nothsftat to contactrne,

Encbsuze cc: Curt Couyers (w/ cue).) Ed Ripley (w/ one).) V

\\

SI IS

\(

June 19, 2013 kI VJS Mike McCarron Executive Secretary-Treasurer Southwest Regional Council of Carpenters 533 Fremont Avenue. 10th Floor Los Angeles, CA 90071 Re: Dear Mike: As you may recall on December 1, 2012, Strategic Property Advisers was retained by the Fund to be its Tiwestment Manager/QPAM (i.e., its asset manager) for (i) fOur real properties in A)jch the Fuad holds a fee interest. (ii) eleven leasehold interests leased from the Council, and (iii) two leasehold interests leased from local carpenters unions which fall within the jurisdiction of the Council. We previously reviewed the October 2012 fair market rental values for the 13 leasehold interests leased from the Council and local carpenters unions. We concentrated on the nine leasehold interests listed on Page 2 of Echibit A. The nine Ieaseholds consist of nine leaseholds leased from the Council. As described in our May 31, 2013 letter to you, we concluded that from 2008 through 2012, the Fund overpaid rent to the Council. for these nine properties. Our May 31, 2013 letter jnformed you that from 2008 through 2012, the Fund overpaid rent to the Council by $4,480, 100.75 and that the current and compounded interest due was $256,869.77. SW Carpenter Training jJFund) Leases with Southwest Regional Council o[Carpeiitcrs (Coucil1

As a result of our May 31st letter, the Council promptly delivered a check made payable to the Fund for $4,736,970.52. The check represented the full amount of overpaid rent plus interest due to the Fund for the period of January 1,2008 to December 31, 2012.
M U.NT ADVIsE:Is:

Mike MeCarron June 19, 2013 Page 2 Tn 2013, the Fund contirnied to overpay rent to the Council for these nine properties. We concluded that &orn January I, 2013 through June 30, 2013, the Fund overpaid rent w the Council by S624,344.03. We then calculated interest on these overpayments balances at the month end prevailing 10-year Treasury rates, except in June where we used the June 17th rate. Our calculations indicated that the total interest due as of June 30, 2013 is $3,655.55. Adding together the overpaid back rent of $624,344.03 plus the interest due produces a total refund due to the Fund from the Council of $621,999.58 for the period from January 1, 2013 to June 30, 2013. Please promptly pay the Training Fund $627,999.58. We have instructed the Training Fund to pay the fair market rent for the nine leaseholds beginning July I, 2013 to cnsure that no further overpaymcnts are made. if you or your staff has any questions or comments on our encIs.)sed calculations, please do not hesitate to contact me.

Enclosure cc: Curt Conyers (w/ end.) Ed Ripley (w/ end.)

a
FOR DEPOSIT ONLY 2100873058 JATC
t2Z06

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CU

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Exhibit 5

US. Deparftttent of Labor

\ T i

Empiaye. 8oa5 $easftyAUes Los MgsIi. Aalai Orna. 1056 seat Ccoio 5ou1emzd, $ie o ThtophoascG10OO

// \

CFT 1RUT

iq,iy to the Attou ot Ca No. 72-034870 ChophBsfl,1nvestlghtor Direct DiaI (626) 7294016

Noveinber6, 2012

Ronald Schoes Southwest Carpeait&s Training. Fund 533 SotxthPreaiont Avenue Los Angeles, CA 90071
R.ec Southwest Carpenters Training Fund EIN/PN: 95-2106266

Doer fr Schoenc
The Departmsst of Labor bat responsibility tbr the administration and enfi,rcemeit of Title I of the Employee Rethetnent Income Security Act of 1974 (ERJSA). Title I establishes standards governing the oparatlon of apprenticeship plans audi as the Southwest Carpenters Training Fund

(the Plan).
The Plan l scheduled %r Investigation by this office.. investigative authority Is vested in the Secrstaq ofLabor by Section 504 of ERJSA, 2 ILS.C. section I t34, which states Ia part The Secretary (of Labor] shall have the power, border to determine whether any person hss violated or Is about to violate any provision of flis tile or any to make an investigation, and in connection regulationororder thereunder therewith t requite the submission ofpota, books, and records, and the filing of data in suppozt of any nlbnnatbn required to be flied with the Secretary under this title...
...

and provide an explanation.

We have finmd in the past that submission of relevant documents to our office prior to the inception ofan on-site field investigation cun lessen the time subsequently spent with, and the administrative bnrdefl placed on, plan and corporate officials and nay eliminate the ucod r an on-site visit entirely To that end, we ask that you submit to this office, within tan bsumnessdqs / ofyour receipt ofthls letter, the documentation identified on the eardoed Domant Request List with respect to the above-mentioned Pbn. If any items are not applicabin, please so indicate

aId Schoi Re: Sm*hw carpntat Irahifng Puizd

Pge2

ded at (626) 229-1016.

flmnk you hi advDnce T yow cOGpef8dOfl. Should you have any quaatiois, please ootzct the

S!ncue!3 aritophu afl rti&ator Enc

DOCUMENTS TO RE AVAILARLE FOR USPECTION AND RETENtION Southwest Carpenters Training Fund Note: Unles. otherwise specified, the documents to be provided should include those covering (he entire period under review, January 1, Z009 through the present dale. 1. 2. Plan Docwuenl, Adoption Agreement. Tnut Agreement and all amendments with aIied Sgflthw pages for each. Any written policy statements, guidelines or other documents governing the operation or athnizxiatntlon ofthe Plan, hcludlng, but not flmfted to, employer contribution collection pdures investment policy, claims procedure, forfeiture provisions, policy regarding the allocation ofeapenses tretween multiple uusts etc. St.msry Plan Description (SPD), all Summaries ofMaterial Modiflcatloim (SMMs), and any other notices distributed to pailicipants regarding their rights hi the Plan. Most recent IRS detmmination Letter. FIdelity bond, Including declarations page and riders/endorsenients identifying the Plan as a named lnsured amount of coverage, period covered, and neofthsurety company. FIduciary liability Insurance policy, ifany. Copy ofwritten Apprenticeship and Training Plan fi cmptlozz Notice and any other notices filed with the Departuect of Labor. Please also innhidc the fhllowing a) documentation of disclosure of the contentS ofsuch notices to employees of employers that are contributing to the program, and established procedures and records peituimng to the availability ofthe notices to employees upon request If applicable, Annual RutumlR.eport Forms 5500 for each year with signed signature pages and afl schedules and attaduneute. including (Wapplicablc) the accc4ultaats opinions, financial statements, notes to the financial statements, and management letters. Sununary Annual Reports (SARa). I,) LIst of Individuals responsible, directly or indirectly, for the operation and administration ofthe Plan during the period under review, specificaliy Plan Trustees, Mmlnfstratora, and Fiduciaries; members of a Plan ovaslght committee or Board ofDlrectoxs and accounting human resources, or other personnel of the Plan sponsor who Inocees payroll withholding, respond to participant Inquiries about the Plan, or Interface with service providers. List should include names, titles, ibiritics. and em contact information. List ofservice provIders to the Plan Including but not limited to any accomtnf, attonm3 actuary, third-party administrator, trust custodian, record keeper Investment adviser, Independent auditora payroll vendor, etc. together with applicable contracts, service agreements, and e schedules. List should Include company names as well as names and

3. 4. 5.

6. 7.

8.

9.

10.

11.

12.

13.

direct contact lnfbimatfcm for individual pointe.of-contact 1 account rcpreseutst1vea LIst of employers that are contributing to the program. List should include company names as well as names and dfrect contact Informaflon fbi indivIdual polnts-o6 cnuta representatives. Plans correspondence file, Including Internally generated niemaranda and notas. This should Include aU correspondence with persons providing services to the Plan end!oi coeponderice relating to any matter Involving the Plan, dkectly or indirectly. 1flmias of any Plan Trustee, Plan Committee, Joint Trust Board, or Board of Dfreotom mectp in which the Plan was discussed. IRS Fomi 990 filings with all applicable schedules and attachments Copies ofiii applicable Collccswc Bargaining Agreemmts, including all amendments, addenda, schedules, signature pages, etc. CopIes of all Prevailing Wage/Service Contract Act-subject contacts fbr which prevailing wage contributions were made to 11w Plan, including itli addenda, schedules, signature pages, and wage determinations tr the period under review. Domanitation confirming the Plans receipt of any prevailing wage contributions and xpnatlnn ofthe process used for veriiIng the accuracy ofthose utx*utIons. Stmmmy of Plan investments, including descriptions of all assets held sod their tacatfons (eg, name ofnvestment company. flhtancial Institution, etc. where trust assets am deposited). There should be no category marked othet where ass ere aggregated. AimuaL (or qiarter1y) Trusticustodlal statements. All Invoices paid by tho Plan with documentation insufficient detail to determine rrcdeiinburssd, and bow all services rendered, tasks peribrmed, or qamcs payments tie to experees reported on Pomis 5500 and/or Pomm 990. Apprenticeship standards, Including a scherlule otwork procesees In which atices am to receive training and experience on thc job, along with domuuecatbu of the applicable progressivcly-Ineresslng schedule of wages. Deser,tlon of the apprenticeship eligibility and selection procedures, including sample apprenticeship applications, Indenture agreements, nvgrcss evaluatims, promissesy notes, and scholarship loan agreements, if any.

14. 15. 16. 17.

18. 19.

ID. 2).

fl.

23.

UIC CONSTITUTION SECTION 14(D) TRIAL PROCEDURES, ESTABLISHED BY TNE UNED BROTHERHOOD OF CARPENTERS GENERAL EXECUTIVE BOARD
I. FILING CfLZRGBS PURSUANT TO SECTION 14(0)

Officers or Members of any subordinate body ccused, A. puxsuant to Section 14(D), of violating the Constitution end Laws h1l be served with written notice of the charge(s) ainst them, and the charge(s) shall specify the particular section of the Constitution and Laws alleged to have been violated, and contain a brief statement of the facts upon which the charge(s) is based. Service of the charge(s) upon the accused shaLl be B. The General Secretaryaccomplished by return receipt mail.. Treasurer of the United Brotherhood of Carpenters and Joiners of America UBC), shall be responsible for service of the chrge(s) on the accused.

II.

4 PRQEDURZB TRIAl

A. Trials held pursuait to Section 14(D) shall commejlce no ear-her than thirty (30) days from the date that the charge(s) ar mailed by the UBC General SecretaryTreasurer to the accused. d.4 J)rovded for in Section lIE), above. The trial procedures provided tot in UBC Constitution B. Sections 52(1) and (J) shall be observed by the Trial Committee, which is established pursuent to Seton 14(D), when conducting a trial pursuant to Section 14(D). C. The Trial Committee shall make a complete record of the
tzrI .al proceedings.

Section 14(0) trials shall be conducted at the I3BCs D. offices located at 101 Constitution A.venue, N.W., Washington, imlcss circumstances require that the trial be conducted D.C at, or near, the location where the alleged violation(s) Provided that, the General Secretary-Treasurer shall occurred. coneider requests by the accused or the accuser that the trial be conducted at a location other than the UBCs Washington, D.C. offices. Provided further that, the request be made in writing to the UBC General SecretaryTreasurer no later than twenty-one Decisions regarding (21) days prior to the scheduled trial date. change of venue shall be made by the General Secretary-Treasurer. It shall be the responsibility of the Trial Committee to B. maintain and preserve the record of the trial, including exhib In the event that an appeal of the Trial Committees its decision is filed, the Chair of the Trial Committee shall be responsible for submitting a complete record of the proceedings,

1 including exhibits, together with the verdict and penalty General Executive Board.
III. DT8 AND PENLTX

to the

A. Upon reaching a verdict, the Trial Committee shall issue a full, written report of its findings, specifically stating the The Trial verdict, and the penalty to be imposed, if any. Committee shall submit its report to the General SecretaryTreasurer. B. It. shall be the responsibility of the General SecretaryTreasurers office to notify the accused and the accuser of the verdict and penalty, if any, by return receipt mail.
TV. S 4 APPZAJ

An accused. found guilty pursuant to charges filed under A. Section 14(0) may appeal the guilty verdict to the General Execu tive Board, as provided for under UBC Constitution Section 14(0). The requirements for filing an appeal under Section 14(D) shall be the same as required for filing an appeal under UBC that appeals filed pursuant to Constitution Section 53 (0), Section 14(0) must be filed with the Secretary of the General Executive Board (DEC General Secretary-Treasurer) within thirty (30) days from the date on which notice of the Trial Committee verdict or penalty is mailed to the accused. Provided that, the part of Section 53(D) that reads, (a) copy of the appeal shall be mailed or delivered to the Local Union, District Council or Industrial Council imposing the penal ty, shall not apply to appeals filed pursuant to Section 14(D). Provided further that, if the penalty imposed by the Trial Committee includes a fine, UBC Constitution Section 53(C) shall apply, excep that any payments required to be made under Section 53(C) shall be payable to the United Brotherhood of Carpenters and Joiners of fgnerica. B. Any appeal filed pursuant to Section 14(D) shall be considered filed as provided for in UBC Constitution Sectioh 53 (1)
The General Executive Board Member that brought the C. charges that resulted in the appeal, and any General Executive Board Member Uat participated in the underlying proceedings that resulted in the appeal, shall not participate in the consid eration of the appeal.

D. The General Secretary-Treasurer shall notify the accused of the decision of the General Executive Board regarding the appeal.

A decision of the Gerexa1 Executive Board may be E. appealed to the Convention, as provided for under UBC Constitution Section 14(0).

U JIHIHX3

IrNITEL1 BROrHFRHnoD

flF

CARPENTERS

AND

JOINERS oz AMERICA

Douglas J. 13anes
(eneral Vtee President BY HANP Mike McCarron, Exccutive Secretary-Treasurer Southwest Regional Council of Carpenters dm floor 533 South Fremont Avenue, 10 Los Angeles, CA 90071 Dear Sir and Brother:

July 19, 2013

This letter is formal notice of action being taken by the United Brotherhood of Carpenters and Joiners of America (UBC), pursuant to the authority delegated to me by the General President. as provided for under the UBC Constitution, regarding its affiliate, the Southwest RegionalCouncil of Carpenters (Regional Council). Based upon information brought to my attention, it appears that the affairs of the Regional Council are being conducted in a manner detrimental to the welfare and best interests of the Regional Council, the IJBC, and its members and contrary to the provisions and requirements of the UBC Constitution. It appears that there have been financial irregularities and malpractice. It appears that there is a failure to assure the performance of collective bargaining agreements and a failure in the Regional Councils responsibility as bargaining agent. It further appears that there is a need to protect the interests and rights of members, as well as a need to restore democratic procedures and to protect other legitimate objects of the Union. I have determined that an emergency situation exists, and that the continued effective operation of the Regional Council is in jeopardy. I have spoken to individuals, including Randy Sowefl, Justin Weidner arid Mike Draper, and reviewed and considered information provided to me, including the following: (1) the Section 1 4D Charges and exhibits (enclosed); (2) the CSAC letter and resolutions (enclosed);(3) information provided by Justin Weidner, the Regional Councils former Chief of Staff who began employment with the UBC this week, including the threatening and intimidation of UBC general counscl taking unilateral actions and withholding timely information from the Regional Councils Executive Board; (4) information provided by Randy Sowell, UBC Director of Real Estate, including intimidation of Mr. Sowell; (5) memorandum from the Executive Director of the Millwright Employers Association, and from John Foster, former Regional Council staff and Business Manager of Millwright Local 1607, describing the Regional Councils lack of attention to its collective bargaining relationships with millwright contractors and members; and (6) a grievance response involving Yatsmin Aguilar, the former receptionist of DeCarlo & Shanley. P C, and close personal friend of yours, including a California Court decision involving Yatsmin Aguilars preious boyfriendJhushand,who is currently in jail for gang-related murder, and brother, who cued cn ad awaiting tria! for murder, and Yatsmin, who drove a cover-up vehicle. Yatsmin nas been descnbed by you as being connected, and from the Street, due to her gang connections.
Iii cntniccn
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This information shows that you are intimidating witriess(es) and individual(s) with knowledge of your wrongful conduct. It shows that you are running the Regional Council undemocratically and keeping timely information from the Regional Councils leadership. It shows that you are improperly spending Regional Council assets in violation of your fiduciary duties. It shows that you are using your position to interfere with the operations of orgaruzations, like CSAC. In fact, you have yet to respond to the letter sent by Curtis Conyers, as Chair of the CSAC Board of Directors. The information provided also shows that the Regional Council is failing to provide sufficient attention to its collective bargaining relationships and obligations. Finally, your behavior shows you to be acting erratic and unstable, and unable to properly and lawfully pertbrm your duties.
Afler duly considering the information provided, 1 have determined, pursuant to my delegated authority under Section IOH of the IJBC Constitution, that an emergency situation exists. Immediate action is required by the UBC to protect and preserve the welfare and interests of the membership, UBC, and the Regional Council. Accordingly, I hereby appoint as supervisor Michael V Draper, District Vice President, Western District, to immediately assume supervision over the Regional Council. District Vice President Draper is hereby granted full supervisory authority, according to the UBC Constitution and Laws, effective Immediately. District Vice President Draper is empowered to assume and exercise full and complete authority over the conduct of the Regional Councils affairs, including, but not limited to: the authority to hire, tire, and give direction to, all service providers and vendors to the Regional Council; the authority to enforce collective bargaining agreements; the authority to administer all of the Regional Councils assets (in that regard, no assets of the Regional Council are to be expended without the express, written approval of District Vice President Draper); the authority to appoint assistant supervisors to assist him in the completion of his duties; the authority to conduct and cancel all meetings; the authority to remove and hire any and all officers, delegates, stewards and employees; and exercise all other authority as may be deemed necessary to insure the proper exercise of the supervisors authority in carrying out the purposes of the supervision and insuring the proper functioning of the Regional Council. All officers, Executive Committee members, and employees, of the Regional Council are directed to fully cooperate with District Vice President Draper and any appointed assistant supervisors. Furthermore, in accordance with Sections 61) and I OH of the UBC Constitution, a hearing will be conducted into the Regional Councils affairs to determine if supervision by the UBC over the Regional Council should be continued. In accordance with Section 1OH, I will appoint a committee to conduct a hearing. All members of local unions affiliated with the Regional Council will be notified of the date, time and place of the hearing, and advised of their opportunity to appear at the hearing and present testimony, their views, and other information regarding the conduct of the affairs of the Regional Council.

temally yours,

Dougi J. Banes, General Vice President United Brotherhood of Carpenters and Joiners of America

Enclosures Michael V Draper, District Vice President, Western District cc:

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I3oard of Trustees of Southwest Carpenters Health & Welfare Trust, Southwest Carpenters Pension Trust, Southwest Carpenters Vacation Trust, and Southwest Carpenters Training Fund; Board of Directors of the Carpenters Southwest Administrative Corporation and Ron Schoen, Executive Administrator, LaNell Petersen, Assistant Executive Administrator and Nina Gutlerrez, Controller and Chief Financial Officer From:
Mike Draper, Carpenters

twest Regional Council of

Re: Cc: Dated:

Removal of Mike McCarron as Trustee and Appointmi Draper as Trustee Don Meaders, Manatt, Phelps & Phillips; John DeCarlo, DeCarlo & Shan ley July 22, 2013

Pursuant to my authority under the United Brotherhood of Carpenters Constitution, the Notice ot Emergency Trusteeship, which gives me immediate and complete supervisory authonty over all matters pertaining to the operations and affair of the Southwest Regional Council of Carpenters (see Attached Letter from Doug Banes, UBC General Vice President, dated July 19, 2013), Title Ill of the LMRDA, and the Trust Agreements for the above-referenced Trust Funds, I hereby remove Mike McCarron as trustee and appoint myself, Mike Draper, as trustee, effective immediately.

Subscribed and sworn before me on this by

2) day of J

.-.

2013,

r 7 6r

.provedtomeon

the basis of satisfactory evidence to be the person who appeared before me.
COMM. 1g43387 z Notary Public Ca)itorn,a Los Angeles County comm Ex8.2O51
.

VARDANSTEPANYAN

L , .1 J Signature of Notary Public

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I.

1
I

I iLl iI{t)IHERHOOD OF GARPETERS AND JOINRS OF AM FRtA

?flichcjet V I)rczpr
Vii v Irsdeiit. Wistezti Ditrlet

Mike McCarron, Executive Secretary-Treasurer Southwest Regional Council of Carpenters th Floor 10 533 South Frcrnont Avenue, Los Angeles, CA 90071 Re: Removal from all Council Related Offices and Positions, Including Trust 1-unds and Committees, and Return of All Council Property Brother Mc{arron: By virtue of my authority under the United Brotherhood of Carpenters Constitution. the Notice of Emergency Trusteeship, which gives me immediate and complete supervisory authority over all matters pertaining to the operations and affairs of the Southwest Regional Council of Carpenters (see attached Letter from I)oug Banes, USC Guneral Vice President, dated July 19, 2013), Title ifi of the LMRDA, and the lrust Agreements for the above-referenced Trust Funds, I hereby remove you from any and all Council and Council-related positions, including Executive Secretary-Treasurer to the Council and trustee to the Southwest Carpenters Health & Welfare Trust, Southwest Carpenters Pension Trust, Southwest Carpenters Vacation Trust, and South wcst Carpenters Training Fund. Please return immediately Jj Council property, including but not limited to ehicles. credit cards, keys, access key cards, FOBs, garage access cards, phones, computers. etc.

Fratemall Yours,
/

Mi e Draper, \ i e-President Western District and Supervisor of the Southv est Regional Council of Carpenters

805 SW Industrial Way

*iD1 Plai-icl Strt

Suite #1

Bend, Oregon 97702 Phone: (541) 388-2342 Fax: (541) 330.5890 Las Vegas. Nrvadn 89119 Phone: (702) 938-1111 Fax: (702) 407-1032

EL JIHIHX3

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA

DouglasJ. l anes 3
(icneral Vice Presi(Ient

TO:

AU Members of Local Unions Affiliated with the Southwest Regional Council of Carpenters Douglas J. Banes NOTICE OF SUPERVISION HEARING September 11,2013

FROM:
RE: DATE:

Dates and TImes: Location:

October 16-17, 2013 8:30 a.m.-9:00 p.m. October 18, 2013 8:30 a.m.-4:30 p.m.

UBC International Training Center 6801 Placid Street Las Vegas, Nevada 89919

The purpose of this letter is to advise all members that a supervision hearing will be held over three consecutive days. On October 16 & 17, 2013, there will be three sessions: 8:30 11:30 a.m.; 1:30 4:30 p.m.; and 6:00 9:00 p.m. On October 18, 2013, there will be two sessions: 8:30 11:30 a.m. and 1:30 4:30 p.m. The hearing will be held at the Grand Ballroom in the UBC International Training Center, located at 6801 Placid Street, Las Vegas, Nevada 89919. AlL members of Local Unions affiliated with the Southwest Council can attend and testiI if they choose. Individuals who are not UBC members will not be allowed to attend.

The hearing committee shall consist of Chairman Dennis Donahou, Mike Capelli and Bill Waterkotte. They are Executive Secretary-Treasurers from Regional Councils outside the Western District of the IJBC, which is where the Southwest Council is located. They will preside over the supervision hearing and independently report the hearing committees recommendations and findings to the LJBC General Executive Board and Southwest Council. The Chairman shall have the authority to extend or shorten the hours and days as necessary. The purpose of the hearing will be to determine whether supervision over the Southwest Council should continue. The grounds that the hearing committee will consider are those set forth in my July 19, 2013, letter (a copy of which is attached as Exhibit A) and in this letter, which details additional instances of misconduct that continuing the supervision can correct and prevent in the future.

The attachments to GVP Banes letter, as well as other documents referenced in this letter, are available on the secured members portion of the Southwest Councils website, www.swcarpenters.org. You will need your member ID to create a password to sign in. If you do not have computer access, please contact the Council at 213385-1457 to request a hard-copy of these attachments be mailed to you. Avenue. N.W. Washington. 1).(. 21)001
Phone: (202) 546-2{)6 Fax: (202) 543-724

101

(onstittition

MVD Rebuttal Exhibit C

Memo Re Notice of Supervision Hearing September 11,2013 Page 2 I. INTRODUCTION

The UBC imposed emergency supervision over the Southwest Regional Council of Carpenters on July 19, 2013. 1 conducted an emergency investigation within days of the resignation of the Southwest Councils Chief of Staff; Justin Weidner Brother Weidner and others provided invaluable evidence and insight into the dis-functioning and autocratic leadership of Southwest Councils Executive Secretary-Treasurer, Mike McCarron, which had taken it far from sound fiscal, democratic and orderly management. Because Mike McCarron, then Executive Secretary-Treasurer of the Southwest Council, is brother to General President, Douglas McCarron, I was granted dispensation to assume the powers of the General President to determine whether to exercise supervisory authority under the UBC Constitution with respect to the Southwest Council. What I found required immediate action, and is set forth in my July 19 letter. Accordingly, I placed the Southwest Council under emergency supervision and appointed Western District Vice President, Mike Draper, Supervisor. Since imposing supervision, the UBC has uncovered even more information that is detrimental to the interests of the UBC, the Southwest Council and the membership. For example, Supervisor Draper uncovered hundreds of thousands of dollars in additional hidden losses, as well as wasteful and unapproved expenditures. The financial mismanagement, lack of democratic process and autocratic rule by EST Mike McCarron was widespread and financially damaging to the Council and its membership. So much so that the Southwest Councils own Executive Committee, who had been kept in the dark about Mike McCarrons actions, voted unanimously to approve, support and maintain the Supervision. (See the August 13,2013, Executive Committee minutes.) The Executive Committee also voted unanimously to seek recovery of over $260,000 from Mike McCarron related to illegal lease transactions he entered into, and will consider seeking further recoveries as well.
IL FINANCIAL MALPRACTICEAND IRREGULARITIES

A.

LINES OF CREDIT TO COMPANY/COUNCIL COLLATERAL

EST Mike McCarron unilaterally pledged millions of dollars of Southwest Councils assets, in the form of Certificates of Deposit, to provide collateral for lines of credit extended by the bank to the following contractors: Santa Clarita Interiors, Best Interiors, Garner Morrison, and Towne Construction. Without these pledged CDs, the banks would not have given these contractors lines of credit. The total amount currently pledged is almost $3 million dollars. Currently, there remain extensions of collateral of $2,200,000 to Best Interiors, $400,000 to Gamer Morrison, and $300,000 to Towne Construction. The purpose of these extensions of collateral remain unclear. But with the extension of collateral to Towne Construction we learned that one of the owners used the Line of Credit to pay off his private airplane hangar debt, fund his divorce settlement and to purchase his fathers interest in the company. This violates the Objects set forth in the Bylaws (pg. 6) because the purpose of the financial assistance had nothing to do with serving the interests of our members. In none of these collateral transactions did the Southwest Council properly document or obtain security from the contractor.

Memo Re Notice of Supervision Hearing September 11, 2013 Page 3 The Southwest Council also pledged $200,000 in collateral to Santa Clarita Interiors. This amount has been totally lost. After the contractor defaulted on its line of credit, the bank seized the entire pledged CD. The contractor then declared bankruptcy. Without any proper documentation or security from the contractor, the Southwest Council had no recourse to recover on its $200,000 loss. In each of these significant financial transactions, EST Mike McCarron acted without the advice of a financial advisor and against the advice of the Southwest Councils attorneys. For instance, based on prior financial transactions involving pledged collateral that was converted into a secured loan to John Jory, EST Mike McCarron knew that he should consult a financial adviser and legal counsel to properly structure and document these types of financial transactions. EST Mike McCarrons failure to disclose such transactions to, or seek approval from, the Southwest Councils Executive Committee, and failure to disclose, or adequately disclose, such transactions to the Southwest Councils Trustees, violated the Southwest Councils Bylaws. (Executive Committee, Section 10, pp. 13-14; Trustees, Section 11, pp. 14-15.) All Council business is to be supervised by the Executive Committee and all Council finds are to be supervised by the Trustees. Not only did EST Mike McCarron violate the Councils Bylaws in expending its assets, he also violated Section 501 of the Labor Management Reporting and Disclosure Act (LMRDA) which requires, among other duties, union officials to expend union assets in conformity with its Bylaws. Also, with respect to the Best Interiors extensions of credit, the EST affirmatively represented, and directed others to misrepresent, to the bank that the Executive Committee had approved the transactions. This was false. The Executive Committee had no knowledge of the Best Interiors transactions.

B.

SOUTHWEST COUNCIL EST FAILS TO PROVIDE RECEIPTS OR ADEQUATE DOCUMENTATION FOR CREDIT CARD EXPENSES

The Southwest Council has given credit cards to certain officers and employees. To protect against improper credit card use, the Southwest Council policies and practices required its officers and employees to submit credit card receipts for all job-related expenses, or provide a Lost Receipt Form explaining the charge. These policies and practices were violated. For example, over substantial periods of time, EST Mike McCarron failed to provide any receipts to support his credit card expenses. For instance, fiscal years ending June 30, 2010 and 2013, EST Mike McCarron provided absolutely no receipts to back-up his credit card expenses. EST Mike McCarron also provided no Lost Receipt Forms covering this period. The amounts paid by the Southwest Council without receipts for these periods exceeded $115,000 (2010- $64,648 & 2013 $50,600).
-

While EST Mike McCarron did provide some credit card receipts in other years, the receipts were routinely incomplete. For instance,, EST Mike McCarron failed to provide receipts, in fiscal year ending June 30, 2012, for 30% of the credit card charges which total over $15,000, and, in fiscal year ending in June 30, 2011, for 34% of the credit card charges which total over $17,000. Without receipts, the Southwest Council has no way to verif whether any of the credit card purchases were improper.

Memo Re Notice of Supervision Hearing September 11, 2013 Page 4

C. NO INVESTMENT/REAL ESTATE ADVISER OR MANAGER In fiscal year ending June 30, 2012, the Southwest Council had almost $250 million dollars in assets. Included were over $95 million dollars in marketable securities and over $125 million dollars in real estate holdings. Because EST Mike McCarron did not want anyone questioning his unilateral handling of the Southwest Councils investments and assets, he refused to employ any investment professionals to monitor or advise the Council on how to prudently manage these substantial holdings. EST Mike McCarron had no special training or expertise in managing and/or investing these amounts or types of assets. EST Mike McCarron also kept the Councils Executive Committee and Trustees in the dark about how he monitored, invested and managed these substantial financial assets. D. COuNCIL ENGAGES IN NUMEROUS PROHIBITED TRANSACTIONS WITH THE SOUTHWEST CARPENTERS TRAINING TRUST

Over the years, the Southwest Council would lease existing and/or build new training facilities to Lease to the Training Trust. EST Mike McCarron would unilaterally decide what rents the Southwest Council would charge the Training Trust, and for the majority of properties leased to the Training Trust overcharged rent. EST Mike McCarron was also a trustee of the Training Trust. Because the Southwest Council overcharged rents, this violated ERISA. Because EST Mike McCarron refused to believe the two independent appraisals, a third review and then a fourth review was obtained, all confirming that the Southwest Council had overcharged rents. Consequently, the Southwest Council was forced to repay over $5 million dollars in overcharged rents and interest. In none of the lease transactions did EST Mike McCarron disclose to, or seek approval from, the Southwest Councils Executive Committee. In none of the lease transactions did the Southwest Councils EST disclose to, or seek approval from, the Southwest Councils Trustees. These failures violated the Southwest Councils Bylaws. (Executive Committee, Section 10, pp. 13-14; Trustees, Section 11, pp. 14-15.) All Council business is to be supervised by the Executive Committee and all Council properties are to be supervised by the Trustees. The EST was also required to present all bills to the Southwest Councils Trustees for investigation before payment. (Executive Secretary-Treasurer, Section 8, pg. 11.) However, when EST Mike McCarron received the Training Trusts bills for over $5 million dollars he did not submit them to the Trustees for investigation. Instead, he unilaterally and immediately sent them 2 checks for the entire amount billed. And, when he finally notified the Southwest Councils Executive Committee, he failed to disclose that interest had been paid. This violated the Southwest Councils bylaws, and also violated Section 501 of the LMRDA. E. IMPROPER PERSONNEL PRACTICES

Vacation Policy/Payouts: At the beginning of each year, EST Mike MeCarron front-loaded all staff with three weeks of vacation before any days were actually worked. An employee could take three weeks

Mento Re Notice of Supervision Hearing September ii, 2013 Page 5 of vacation in February, and if let go in March, that employee would have already used their entire years worth of vacation before actually having earned it. This does not make sense. Nor have we been able to ascertain any proper justification for this practice. In addition, Southwest Council policy allows for an accrual of three weeks vacation only. This policy, however, was never followed or enforced by EST Mike McCarron. In fact, vacation payout was used by EST Mike McCauon as a reward system for himself and his favored staff. For instance, in 2011, EST Mike McCarron took 70 hours of vacation and still received at the end of the year a vacation payout for 90 hours of supposedly unused vacation time. Either EST Mike McCarron stole vacation time or carried more than he should have been allowed under the policy. Similarly, Mike Olds, a Southwest Council Executive Committee member, in 2012, cashed out 174 hours of vacation time. Either Mike Olds stole vacation time or carried more than he should have been allowed. Further, the ability to cash out ones vacation time was not given to all staff but rather only a limited number hand-picked by EST Mike McCarron.

New Hire/Raise: Within days before the UBC imposed emergency supervision over the Southwest Council, EST Mike McCarron hired retired staff member, Ken Molock, at $115,442 per year. At the time of his retirement, Ken Molock was earning only $95,000 per year. There was no business or legitimate purpose to hire Ken Molock or to pay him that amount of money. When the supervision began, Ken Molock could not adequately explain why he had been re-hired and actually had to ask staff for things to do because he did not know.
Within days before the supervision, EST Mike McCarron also gave Mike Olds a $20,000 raise. Brother Olds could not explain why he got the raise. The hiring of Ken Molock and the raise to Mike Olds appeared to be an attempt by EST Mike McCarron to buy loyalty in the face of the impending Section 14D charges and hearing, and thus was not proper. Also, neither the hiring of Ken Molock, nor the raise to Mike Olds, was disclosed to or approved by the Executive Committee. The failure to obtain Executive Committee approval for the hiring of Ken Molock violated the Bylaws. While the EST has the authority to hire, he must do so only with the approvaL of the Executive Committee. (Executive Secretary-Treasurer, Section 10, pg. II.) This also violated Section 501 of the LMRDA. F. INADEQUATE REVIEW OF SOUTHWEST COUNCIL FINANCES BY iTS TRUSTEES

Under the Bylaws, the Southwest Council Trustees have the duty and responsibility to supervise and audit all its funds and property. The Trustees would periodically review and audit the Southwest Councils financial statements which had been prepared at the direction of the EST. However, little to no underlying and supporting documentation was ever provided the Trustees. As indicated above, EST Mike MeCarron routinely failed to provide any receipts justiing his expenses. This procedure does not comply with the Trustees duties under the Bylaws, which include auditing all receipts of the EST and others. (Trustees, Section .) 15 14 pp.

Memo Re Notice of Supervision Hearing September 11,2013 Page 6

G.

LACK OF DOCUMENTATION/PROCEDURES FOR WORK PRESERVATION PROGRAM

Each year the Southwest Council provides millions of dollars in work preservation to its signatoiy contractors. EST Mike McCarron managed much of this program on an ad hoc basis with little to no supporting documentation or explanation. For instance, when the supervision began, it was discovered that EST Mike McCarron had given market recovery to a contractor in Denver in the form of payment by the Southwest Council for all fringe benefits on the job. Within just a few months, the amounts owed quickly escalated to over $300,000. And, because the Southwest Council had not paid anything, it was being threatened with a collection action. There was little to no supporting documentation for this work preservation grant. No one on the Executive Committee could explain whether or why such a grant had been made.

H.

LONG-TERM PARKING AT PHOENIX, LAS VEGAS AND DENVER AIRPORTS AND THE BUILDING OF THE DENVER GARAGE

For the convenience of EST Mike McCarron and Larry OBrien, a staff member of the Southwest Council, the EST purchased three vehicles to be permanently stationed at the Denver, Phoenix and Las Vegas airports. The Southwest Council not only had to pay substantial amounts of money for each of the extra vehicles, it then had to pay the high airport daily parking rates. For instance, some parking costs exceeded $1,000 per stay (e.g., Phoenix $1,284.00 [10/11/20121 & $1,150.00 [1/15/2103]). Looking only at the last two years for the most expensive stays reveals that the Southwest Council paid over $14,600.00 for such convenience. Also, for the convenience of EST Mike McCarron and Larry OBrien, EST McCarron had the Training Trust build a $78,OaO garage in Denver to store the vehicle they used. However, they rarely, if ever, used the garage because it was not close to the airport. Instead, they continued to use expensive airport parking to ensure that a vehicle was close for their arrival. Further, the Southwest Council had the Training Fund staff flown in and housed while they worked on building the garage. Neither the expensive extra vehicle purchases, nor the expensive building project, were ever disclosed to, or approved by, the Southwest Councils Executive Committee or Trustees. This violated the Southwest Councils Bylaws. (Executive Committee, Section 10, pp. 13-14; Trustees, Section 11, pp. 14-15.) All Council business is to be supervised by the Executive Committee and all Council funds are to be supervised by the Trustees. Further, neither the vehicle purchase bills, nor theTraining Trust construction bills, were ever presented to the Southwest Councils Trustees for investigation before payment in violation of the Bylaws. (Executive Secretary-Treasurer, Section 10, pg. 11.) These actions and omissions by EST Mike McCarron also violated Section 501 of the LMRDA. I. CHIEF OF STAFF CARRIED DOZENS OF PRE-SIGNED BLANK CHECKS

At the instruction of the EST, the Southwest Councils Chief of Staff, Justin Weidner, carried with him a dozen or so pre-signed blank checks. Using one of these pre-signed blank checks, EST Mike McCarron had Justin hand fill-out one the same day he received the bill from the Training Trust to pay the almost $5 million dollar overcharged rent and interest.

Memo Re Notice of Supervision Hearing September 11, 2013 Page 7

This practice presented grave financial risk to the Southwest Council. For instance, before 2012, if any of these pre-signed checks were lost or stolen, they couLd be negotiated by anyone for large sums of money without raising suspicions. After 2012, the bank was notified not to cash any check unless first called by the Council. EST Mike McCarron also kept the Councils Executive Committee and Trustees in the dark about these checks. J. MONTHLY FLOWER BILLS

Every month and on special occasions, the EST would direct that flowers be delivered to the Southwest Councils Los Angeles offices and elsewhere. Some months the flower bill was as high as $2,300 dollars. Other months, the flower bills ranged from $14004700 doLlars [July 2012-May 2013]. EST Mike McCarron even gave the monthly flower delivery person a $250 Christmas Bonus out of the Southwest Councils assets. EST Mike McCarron not only bought flowers for the Southwest Councils offices, in May 2013, he personally directed that $1,300 dollars worth of flowers be ordered and sent to his sisters house and for his mothers funeral, and further directed that the costs be paid for by the Southwest Council. These flower orders were not disclosed to, or approved by, the Executive Committee, nor were the bills presented to the Southwest Councils Trustees for investigation in violation ofthe Bylaws. (Executive Secretary-Treasurer, Section 10, pg. 11.) This also violated Section 501 of the LMRDA. III. NEED TO RESTORE THE DEMOCRATIC PROCESS

As can be seen in the preceding section, which details the Southwest Councils financial malpractice and irregularities, there was little disclosure by the EST to the Executive Committee and Trustees ofthe Council. The EST unilaterally ran the Southwest Council Like an autocrat. Over the years Executive Committee members became intimidated from asking questions for fear of retaliation and discipline by Mike McCarron. Accordingly, the democratic process for oversight in all areas of the Regional Council suffered, including concerning Collateral for Lines of Credit, Leases/Rent Overcharges, Pre-Signed Blank Checks, Lack of Credit Card Receipts, Vacation Payouts/Violation of Employment Policies, Request for New Union CounseliTrust Co-Counsel, Ignoring Advice to Retain Investment Professionals to Help Manage Assets and Advice to Retain a Human Resources Professional. Supervision is necessary to restore the democratic process for governing the Southwest Council. W. NEED TO PROTECT OTHER LEGITIMATE OBJECTIVES OF THE UNION/BEST INTEREST OF THE MEMBERSHIP

Improper Trust FundActions: Not only did EST Mike McCarron unilaterally and autocratically rule the Southwest Council, he circumvented the Boards of Trustees of the jointly managed Taft-Hartley Trust Funds to attempt the same. One such example was when Mike McCarron directed that certain contractors be removed from the Trust Funds delinquency list which resulted in financial losses to the Trust Funds. For instance, Mike McCarron directed that Santa Clarita Interiors be removed from the delinquency list.

Memo Re Notice of Supervision Hearing September 11,2013 Page 8 Santa Clarita Interiors owed the Trust Funds over $350,000.After Santa Clarita Interiors declared bankruptcy, the Trust Funds were unable to collect and were unable to go after the general contractor for the fringes owed because it had not been on the delinquency list. EST Mike McCarron directed pension staff to re-instate participants suspended pensions after being caught working in the trade while on a pension and to give others unearned pension credits to qualify for extra benefits. EST Mike McCarron had installed throughout the building, in which it was merely a tenant, panic buttons and lights, even though the ESTs offices were only on the tenth floor of the building. EST Mike McCarron had installed in the Councils floor computer access to the building monitoring system of those who accessed the building. This allowed the EST to monitor the comings and goings of those who he had no legitimate business monitoring. EST Mike McCarron, as a means to punish the trust funds Long standing union co-counsel, solicited new counsel without any authority to do so. Because EST Mike McCarrons unilateral actions were improper, the Trust Funds administrative corporations Board of Directors passed a Resolution condemning his actions and warning him against further improper actions. Improper Intimidation and Threats of Violence: EST Mike McCarron has also engaged in a pattern of intimidation and threats of violence immediately preceding and arising out of his I 4-D charges. On July 5, 2013, EST Mike McCarron and Yatsmin Aguilar visited the UBC Director of Real Estate, Randy Sowell, in an attempt to intimidate him from testifying in the 14D hearing. Afterwards, Mr. Sowell took precautions to protect his family. EST Mike McCarron also made numerous threats and acts of physical intimidation towards the UBC General Counsel, John DeCarlo, including threatening that he could make him disappear. When EST Mike McCarrons Chief of Staff, Justin Weidner, heard this, he found it chilling and credible. EST Mike McCarron has used his ties with Yatsmin Aguilar to imply his threats were to be taken seriously because she is connected to street. Ms. Aguilars husband and father of her children is in jail for gangrelated murder, and her brother died in jail awaiting trial on the murder. Ms. Aguilar, in a reported court decision, was driving a car and present when her brother was arrested for murder. Because of firsthand knowledge about the irrational, erratic, and threatening behavior, the Southwest Councils Chief of Staff, Justin Weidner, resigned on July 15, 2013. During the last few months of employment, Mr. Weidner saw the rapid deterioration of EST Mike McCarrons mental capabilities and ability to function as the leader of the largest Regional Council in the UBC. He saw EST Mike McCarrons inability to stay focused on the business at hand and make rational decisions on important matters. Afterwards, Mr. Weidner, like Mr. Sowell, took precautions to protect his familys safety due to prior threats and erratic behavior of EST Mike McCarron.

Memo Re Notice of Supervision Hearing September 11,2013 Page 9 V. FAILURE TO ASSURE PERFORMANCE OF COLLECTIVE BARGAINING AGREEMENTS OR OTHER DUTIES OF A BARGAINING REPRESENTATIVE

EST Mike McCarron subordinated the needs and interests of the Southwest Councils Pile Driver, Millwright and Concrete locals in favor of goals he viewed as being more important. In general, EST Mike McCarron required Pile Driver and Millwright business agents to precipitously decrease, and in some cases cease their efforts in servicing their members and signatories and, instead, demanded that they assist in other Council-driven tasks such as organizing in other fields. EST Mike McCarron also ceased or scaled back significantly organizing in these areas. Due to this forced neglect imposed by EST Mike McCarron, Pile Driver and Millwright business agents could not properly dispatch members to jobs to ensure that signatories were timely and adequately staffed with skilled labor. This neglect also impacted the locals ability to police collective bargaining agreements for contract compliance. In turn, this affected their ability to process grievances to meet the locals statutorily mandated duty of fair representation. Other consequences of this neglect resulted in the locals inability to stop raiding efforts by other unions, including the Laborers. Not surprisingly, the divergence of the goals contained in EST Mike McCarrons dictatorial agenda of neglect, on the one hand, and the locals pursuit of legitimate goals serving their members needs, on the other, caused an acrimonious rift between the business agents and EST Mike McCarron. These issues did not go unnoticed by millwright signatories. Michael J. Vlaming, the Executive Director of the Millwright Employers Association, recounted several instances where signatories gave ample notice to the local of manpower needs on their projects, but did not receive the millwrights they required. One contractor noted that he knew millwright business agents did not have time to meet dispatch requests, and that this was not a problem in past years. Another signatory observed that the local could not provide cost information on projects because millwright business agents were not spending time in their offices marshaling such data, but were instead in the field organizing non-millwright contractors.

Contractors have also noted that millwright agents failure to conduct job visits, much less undertake organizing campaigns in the field, result in projects being done non-union and, ultimately, in the loss of market share. The lack of resources devoted to millwright interests also result in other untoward effects such as the lack ofjoint labor-management efforts in recruiting competent individuals with mechanical and mathematic aptitude to enter the Millwright apprenticeship program.
In addition, EST Mike McCarron routinely forced the Millwrights to place transfer journeyman carpenters high on their apprenticeship scale, even when such journeyman did not have sufficient skills and training. For these and other reasons, the Southwest Council may have failed to assure performance of collective bargaining agreements or other duties of a bargaining representative with respect to its Piledriver, Millwright and Concrete locals.

S I

UNITED BROTHERHOOD OF CARPENTERS

AND

JOINERS OF AMERICA

nes 3 Douglas J. a
(ienerai Vice President

July 19, 2013

BY H. Mike MeCarron, Executive Secretay-Treasuier Southwest Regional Council of Caipenters th Floor 533 South Fremont Avenue, 10 Los Angeles, CA 90071 Dcar Sir and Brcther: TLi !tier is formal naticc f action being taken by the United Brotherhood of Carpenters and Toiner r.f America (U13C), pursuant to the authority delegated to me by the General Preskien., as provided for under the UBC Constitution, regarding its affiliate, the Southwest Rn.lCouncil of Carpenters (Regional Council). 3sed upon information brought to my attention, it appears that the affain; o:he Reioriai (ouicil are being conducted in a manner detrimental to the welfare and 5es nercs olibc ionai Council, the UBC. und its members and contrary to the provisior: ziid rec;uireinuts of the UBC Constiiution. It appears that there have been financial irreguhlrilie3 id mahraz:ticc. it appears that there is a failure to assure th performance of culiectht barinii greernents and a failure in the Regional Councils responsibility as irgainii ageni. Tt dirther appears that there is a need to protect the interests and rights of n1er!1hes, a; well as a !eed to restore democratic procedures and to protect other legitimate objecL Union. I have determined that an crnergency situation exists, and that the continued effei..ivt operation .ithe Regional Council is in jeopardy. t have spoken to in4ividuals, including Randy Sowell, Justin Weidner and Mike Lraoer, and reviewed and considered information provided to me, including the following: (1) t!. Section 14D Charges and exhibits (enclosed); (2) the CSAC letter and rcso1tnins (i.Joed);3) information prorided by Justin Weidner, the Regional Councils former Chaf of Staff who began employment with the UBC this week, including the threatening and intimidatI! fiJBC general counsel, taking unilateral actions and withholding timely information from the Regional Councils Fxccutive Board; (4) information provided by Randy Sowell, UBC Director vt Real Estate, including intimidation of Mr. Sowell; (5) memorandum from the Executive Director of the Millwright Employers Association, and from John Foster, former Regional Couiici staff nd Business Manager of Millwright Local 1607, describing the Regional Couucif a hick oiatemi.>n to its collective bargaining relationships with millwright contractors and 1!Lit1bers; .nd (6) a gi-ievance response involving Yatsrnin Anilar, the former receptionist of DeCarlo & Shaniey, P.C., and close personal friend of yours, including a California Court decision itwol vin Ya...inin Aguilars previous boyfriendIhusbaitd,vho is currently in jail for gang-related murde. and brother, who died in jail awaiting i iid fur murder, and Yatsmin, who drove a eovr-up viit. Yatsnun has been described by you as being connected, and iom the sret dne;; ilcr connections.
101
(onstit.iu(ion Avenue.

N.W.

Washington. L).(. 20001

Phone: (202) 5466206

Fax: (202) 54:1-5724

This ivior !iows that you are t;&:ing V1tnes(t,s) d individual(sIw!th knowkgeirvcLu- wr,if;II conduct. ! sh>w that yci! P.Iflfl!! ; Regotal C:nci undemcratcally and keeping timely innr.iatio fron the R.gion& Q..unciPs k&rslup. t shows that u 2rrnproperly spending Regional Council assetr i Iation ofyour liduciary duties. It hws that you ae using our posthu to inteifere ith ti .peratins frgzaton. Ithe CSA(. In fat, you have yet to nspond o the ictter sent hyCurs Conyers, as Chair.f the CSAC Board of Directors. The information provided also shows th tie Region&. Council is failing to provide suificint attention to its collective bargaining re ticiships and ohation. Finally, your behavior shows you to he acting erratic. and unstable, uI unablto properly and jawiully perforni..yotir dlLt7es
eonsktenng the information provided, I hae defer-;ned, pursnant.to mY Section 1 (JH ofne UI3C Contrtutioii thi ai emergeucy si1atkn) ists. immediate action, is required by the UBC to protect and pt;t:zi7e the weIfar and intress of the meinberslip, (JHC. and the Regional Council. Accordingly, 1 Lreb.y appoint as supervisor rvltchael V Draper, District Vice President, Western Disrit, to immediately assume supervision ovet- the Regional Council. District Vice President Draper is hereby granted full super Ls y authority, according tc hcU Contitntion and Laws, fective immediately. District V-:- President Draper is einped tc assume an.i exercise fill and complete authority over tu conduct of the Regiona iifrs, inciudig, but not limited tcv the adthorit) to ILILe. ie, anc giio clircciiaw t i; enforce coliectvt id.ts iil eudois to the Regional Council; the authont ihe authontv w administer all of the Regiott ouneil a;set tIfl thu; )aring ic of the Regional Council are to be expended without :ue express. written apptal of District Vice President Draper); the authority to appoint assistant stipervisoric asais hint in the comptetion of his duties; the authority to conduct. arii cancel all meetings. fw authority to remove and hire any and all officers, delegates, stewards td employees; and exercise all other authonty as may be deemed necessary to insure the 2roper exercise of tho supervisors authority n carrying out the purposes of the supervision d insuring the proper lhnctionrng of the Regional Council, All officers, Executive Committee members. and Distrkt Vice Prsidein employees, othe Regional Cou,cil are directed o fully cooperate DTaper arid any. appoinied assistant supervisors.
-

After

Furthermort Iii accordance with Sections 61) sid 1011 fthi. 3C Constitution, a hearing wilt e ondueted into the Regional Coin.ils affatrs o det:-;ine if supervision by Ue UBC over the Regional C.cil should be conti!ued. In accrdanc th Section 1 OH, 1 will appoint a committee to conduct a hearing. All members of local uniias affiliated with the Regional (ouncil will he notified of the date, time and place of the h;ififlg, and advis.:I of their and other rii;ratioi opporlunity II; appear t1 the hearing and jresent testimony, their vie affairs ofhe R-ional Council. regarding the conduLt,f rim

(
i)cugI 3. Gicr Vice Prcsidejr tjjted Broth hoi! ifCarpnrers and Joiners oc Arneika
.

l3oc!osures x MihaeI V Draper, District Vice President,

fr iiri 1