Constitution

1199SEIU United
Healthcare Workers
East

As amended through
August 2017
 CONTENTS
MISSION STATEMENT ................................................................................... 1

ARTICLE I
Name and Affiliation ..................................................................................... 1
ARTICLE II
Jurisdiction ................................................................................................... 2
ARTICLE III
Objectives and Guiding Principles ................................................................ 2
ARTICLE IV
How Our Union is Organized ......................................................................... 3
Our Constitutional Regions Members of each
Region Each Region made up of Areas Administrative
Divisions and Councils Each Area made up of Chapters or
Groups Delegates

ARTICLE V
The Members ................................................................................................. 5
General Membership Regional Membership Area
Membership Chapter Membership Membership and
Delegates Meetings Eligibility for Membership; Becoming a
Member; Initiation Fees Members' Rights and Priviliges
Members' Duties Dues; Remaining a Member in Good
Standing Suspension and Reinstatement Termination and
Reinstatement Reapplication Withdrawal Cards Associate Membership

ARTICLE VI
Retired Members Division........................................................................... 10
Membership and Eligibility Delegates Retired Members'
Rights and Privileges Retired Members' Obligations

ARTICLE VII
Our Elected Officials and Delegate Assemblies .......................................... 11
Powers and Responsibilities of the Officers
President Secretary/Treasurer Executive Vice
Presidents Vice Presidents Organizers
No Dual Salaries or Membership Structure, Powers and
Responsibilities of the Executive Council Delegate
Assemblies; Regional Executive Boards
ARTICLE VIII
Elections...................................................................................................... 17
When Elections are Held Proportion of Delegates for each
Region Election Rules Election Board Nomination
Procedure Election Procedure Installations

ARTICLE IX
Hearings and Appeals .................................................................................. 21
Grounds for Filing Complaints Composition of Hearing
and Appeals Boards Procedures Complaints Against a
Member or Representative Chapter or Area Hearing Board
Regional Hearing and Appeals Board Unionwide Appeals
Board Hearing Board of the Executive Council Complaints
Against an Officer or other Executive Council Member
Appeals Relating to Arbitration Grievances

ARTICLE X
Affiliation .................................................................................................... 26

ARTICLE XI
Delegates to the SEIU Convention ............................................................. 26

ARTICLE XII
Amendments ............................................................................................... 26

ARTICLE XIII
Referendum ................................................................................................. 27
 Mission Statement

We are healthcare workers devoted to our patients. Our work is essential to the
welfare of society and we are proud of our contributions. We nurture, save and
extend lives. Patient satisfaction is our highest calling. No work is more
important than ours. We do this work because we care.

As America’s healthcare Union, we give voice to the frontline care-givers in our

institutions and our communities. Our primary missions are:

We are devoted to advancing the economic interests of our members and

all working people and protecting and enhancing the security of our
families through negotiating and enforcing our collective bargaining
agreements; growing our numbers and strengthening our organization;
and building our political influence to secure and defend the healthcare
institutions that we serve. Moreover, we seek to carry our message and
build our Union among all of America’s healthcare workers.

We are determined to protect and advance the lives of our members—not

only on the job, but also in our communities and in our society. We seek
not enrichment but dignity, respect and fairness for our members and
our families. We work to create a society rooted in economic and social
justice. And to build a political environment that expands quality
healthcare coverage to every person in society as a human right. A
strong and growing labor movement is essential to achieving these goals.

We strive to give our patients the highest degree of care and clinical
expertise at a critical and stressful time in their lives. Our primary goal of
patient satisfaction is best secured by a highly satisfied and motivated
workforce with high morale and a strong voice on the job. To this end,
we seek to build partnerships with our employers, in the belief that
labor-management cooperation--and a healthcare workforce treated with
dignity--is the best guarantor of sustained high-quality, patient-friendly
care delivery. Thus, together with our partners in the healthcare
industry, and our friends in our communities, we can build a political
environment that can expand access to affordable quality care to
everyone and work to create a more healthy--and a more just--society for
all.

ARTICLE I
Name and Affiliation
(a) This organization shall be known as 1199SEIU United Healthcare
Workers East and may be referred to hereinafter as "1199" or "the Union."
(b) As 1199 is a national affiliate of the Service Employees International
Union ("SEIU" or "International") this Constitution shall not be inconsistent

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 with the SEIU Constitution, except as provided in "the Affiliation Agreement"
between SEIU and 1199.

ARTICLE II
Jurisdiction
The jurisdiction of the Union shall extend to employees of medical centers,
hospitals, nursing homes, clinics, home care agencies, drug stores, surgical
stores, cosmetic shops and similar, related or comparable institutions and
shall embrace all professional, technical, clerical, service and maintenance and
all other employees in the health care and human services fields.

ARTICLE III
Objectives
Section 1 — Objectives
The objectives of the Union are:
(a) To organize and unite all workers within its jurisdiction without
regard to race, color, sex, sexual orientation, age, disability, religion,
national origin, political belief or affiliation.
(b) To promote the principles of affirmative action throughout the
workplace and within the Union itself; to implement the principles of
affirmative action by recommending Blacks, Latinos, Asians, and women,
among others, for leadership positions in the Union.
(c) To achieve for its members higher wages, shorter hours and improved
working conditions; to promote and safeguard the economic interests of its
members and their families and to assist members in obtaining
employment.
(d) To educate the workers in trade union principles; to unite and
empower the workers to achieve social and economic justice; to maintain,
preserve and extend the democratic processes and institutions of our
country; to advance, defend and protect civil liberties and civil rights; to
eliminate all forms of discrimination and racism; and to aid in the adoption
of legislation in the best interests of its members and the people generally.
(e) To protect and advance the technical and professional status of its
members; to aid and encourage members to acquire greater knowledge and
skill in the Health Care and human service fields and to help achieve high
quality health care and human services for all people regardless of their
economic status.
Section 2 — Guiding Principles
(a) The policy of the Union and its methods of operation shall be such as
to facilitate and stimulate the broadest possible rank and file participation
in the formulation and execution of the program of the Union, and, in
particular, to fully involve the members at every step of their grievance

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 procedure and in collective bargaining with their employer; and to
encourage development of the most effective leadership.
(b) Our Union seeks the widest possible membership participation in the
formulation and execution of our programs; in particular, through our
Labor-Management Program, we seek to encourage partnerships with our
employers to develop a patient-friendly, worker-friendly, more productive
job environment; even as we promote broad member involvement in the
collective bargaining process.
(c) There shall be full respect for all differences of opinion, and all
members shall have full freedom of expression.
(d) Majority rule as provided in this Constitution shall prevail, and all
members shall be bound by and respect and support the decisions of the
majority.
(e) Robert's Rules of Order shall control the conduct of all membership
meetings, except as otherwise provided by this Constitution.

ARTICLE IV
Organizational Structure
Section 1
For proper administration and effective functioning, the Union shall be
operated through Regions, Administrative Divisions and Industry Councils
thereof as hereinafter more specifically provided.
Section 2 — State Regions
The Union shall be administered through Regions that shall include all
members of the Union within each respective state’s boundaries.

Section 3 — Administrative Divisions

The Executive Council may establish administrative divisions for the
purpose of servicing the membership. Such administrative divisions may
consist of members employed by geography, industry, classification, or
profession within a Region.
Section 4 — Areas
The State Regions and administrative divisions shall be divided into Areas,
as determined by the State Executive Boards, subject to Executive Council
approval. The Areas shall either be by geography, by industry, classification or
profession.

Section 5— Chapters
Each Area of the State Regions shall be further subdivided into Chapters. A
Chapter shall consist of the members of an Area employed in one institution.
Section 6— Industry Councils
The Executive Council shall establish Industry Councils comprised of
members in the same or related industry and/or classifications or professions

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across Regional lines, which shall make recommendations to the Executive
Council and Delegate Assemblies with respect to issues of particular concern to
that segment of the membership.
Section 7 — Delegates
(a) Delegates shall be responsible for the execution of Union and
Regional decisions and the enforcement of the applicable collective
bargaining agreement on behalf of the members they represent.
(b) Delegates shall be members of the bargaining units they represent
and of the respective Regional Delegate Assemblies and are obligated to
attend all regular and special meetings of the Regional Delegate Assembly.
(c) Should a Delegate for any reason whatsoever cease to be a Delegate,
the position shall be declared vacant and an Officer or representative of the
Union shall arrange for the election of a new Delegate within four (4) weeks
from the date of vacancy. Such new Delegate shall be sworn in and shall
assume his/her responsibilities at the next meeting of the Regional
Assembly.
(d) A Delegate may be removed from his/her position by a majority vote
of the members comprising his/her group or department attending a
meeting noticed for this purpose.
(e) A Delegate who fails to attend two (2) consecutive meetings without
proper excuse shall be dropped as a Delegate.
(f) A Delegate shall have the duty to uphold this Constitution, to attend
all delegate and other Union meetings at which their attendance is required
or desirable, to faithfully enforce and implement the provisions of the
collective bargaining agreement at their institutions and to represent
members at grievance meetings in good faith to whom they are responsible.
Delegates shall have the responsibility of involving their members in all
affairs of the Union.
They must at all times act responsibly and in the best interest of the
Union and its members and to refrain from any acts detrimental to the
good and welfare of its members and to faithfully carry out the Delegate's
Pledge.
(g) To serve on any Board or Committee of Delegates, one must be a
member/Delegate in good standing.
(h) Delegates shall take the following oath upon assuming their
positions:

DELEGATE'S PLEDGE
"I, John/Mary Doe, do hereby accept the position of Delegate and member of
the (New York, Maryland/DC, Massachusetts) Regional Delegate Assembly. I
pledge to faithfully carry out the obligations of my office and secure for the
members I represent every right and privilege of Union membership. I pledge
to help build our Union and defend it from all its enemies. On this pledge, I
stake my good name, my honor and my conscience."

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 ARTICLE V
General Membership
Section 1
The term "General Membership" as used in this Constitution shall mean the
membership of all Regions of the Union. A decision of the General Membership
shall require a majority vote of those voting.
The General Membership of the Union shall be the supreme authority of the
Union in the following respects:
(a) It shall have the power and authority to adopt and/or amend the
Constitution, rules and regulations.
(b) It shall elect all general Officers of the Union, rank and file Executive
Council members and organizers, as provided in these by-laws.
(c) It shall vote on all general strikes and settlements.
(d) It shall have the power and authority to set dues and initiation fees
for the members of the Union.
(e) It shall have the power to expend such funds of the Union as it
deems necessary.
(f) It shall receive and act upon reports from the President of the Union.
(g) All petitions signed by the members to the Union must also include
social security numbers (last 4 digits), Region, and place of employment of
a member, except that the content of nominating petitions shall be
governed by Article VIII.
Section 2 — Regional Membership
The membership of each Region shall constitute the supreme authority of
the Region in the following respects:
(a) It shall have the power and authority to adopt rules and regulations
governing its membership not inconsistent with the rules, regulations and
policies of the Union as a whole.
(b) It shall vote on all Regional strike calls, Regional strike settlements
and collective bargaining contracts involving the membership of the Region
as a whole.
(c) It shall receive and act upon reports from officers of the Union.
(d) The membership of an Area may meet on an Area basis. They shall
receive and act upon reports from Officers and/or representatives of the
Union. They shall have the power to make decisions binding upon the
members of the Area provided such decisions are not inconsistent with the
rules, regulations, decisions or policies of the Region or the Union as a
whole.
Section 3— Chapter Membership
(a) The members of a Chapter shall meet regularly on a Chapter basis at
least every other month for the purpose of transacting such business as
they deem necessary or desirable. Decisions made by the Chapter shall not
be inconsistent with the rules, regulations, decisions or policies of the
Region or Union as a whole.

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 (b) The Delegates of a Chapter shall attempt to meet regularly and at
least twice monthly to review and act upon all matters affecting the
members of the Chapter in between the membership meetings. Members of
the Chapter shall be entitled to attend.
(c) The members of a Chapter shall receive and act upon reports on the
activities of the Chapter from an Officer or Representative of the Union.
(d) They shall have the right to vote on strike calls, strike settlements
and collective bargaining agreements directly affecting them.
Section 4 — Meetings of Members
Members of the Union shall meet on an Area or Chapter membership basis
at least once every two (2) months. Meetings need not be held during the
months of July and August.
Section 5 — Eligibility for Membership
(a) All persons working as employees in bargaining units in the trades,
crafts, occupations, industries or establishments within the jurisdiction of
the Union as defined in this Constitution shall be eligible for membership
in the Union. Persons employed by the Union and other related
organizations shall also be eligible for membership.
(b) An applicant for membership in the Union shall file an application
with the Union. To become a member of the Union entitled to rights,
privileges and benefits thereof, an applicant shall:
1. a. Pay an initiation fee according to the following schedule of weekly
earnings:
all workers who earn $400 per week or less: $75
all workers who earn more than $400 per week: $200

b. In new organization, accretions and mergers the employees employed

before the signing of an initial collective bargaining agreement or the
commencement of 1199SEIU representation of/in the bargaining unit, shall
not be required to pay an initiation fee.
c. A request for the waiver or modification of an initiation fee may be
referred to the Executive Council for determination.
2. Pay the first month's dues.
3. Attend a membership meeting and be inducted into the 1199
membership.
4. Applicants for membership shall take the following oath at the time of
their induction.
"I solemnly pledge and promise to be a loyal member of 1199.
"I will respect and abide by all of the provisions of our Constitution, and will
fully comply with all Union decisions.
" I will protect and support my fellow members and defend our Union's
name, its honor and its integrity.
"I will always favor and encourage the purchase and use of union made
products.
"All this I solemnly promise."

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Section 6 — Rights and Privileges of Members
Every member of the Union in good standing shall have the right to enjoy
the full benefits of the Union without discrimination of any kind as follows:
(a) To vote on Union contracts directly affecting the members as
employees.
(b) To vote on all strike calls and strike settlements directly affecting the
members as employees.
(c) To receive such strike benefits as the Union shall in its judgment fix
and determine.
(d) To vote in all Union elections in accordance with this Constitution.
(e) To attend all regular and special membership meetings of the Union,
of his/her Region, Area and/or Chapter, and participate in discussion and
vote on all questions.
(f) To serve on any Board or Committee on which members are allowed
to serve.
(g) To be a candidate for elective office and/or position in accordance
with the provisions of this constitution.
(h) To seek employment through the Joint Employment Service, subject
to its rules and regulations.
(i) To utilize all services provided by the Union and to participate in all
social, educational and cultural activities.
(j) To receive a fair and open hearing in accordance with the provisions
of this constitution on any charge brought by or against the member.
Section 7 — Duties of Members
A member of 1199 shall have the duty and obligation to strengthen and
defend the Union and its membership.
(a) A member shall attend all General Membership Meetings of 1199 and
regular and special meetings of his/her Region, Area and/or Chapter.
(b) A member shall observe orderly procedure and decorum at all
meetings.
(c) A member shall comply with decisions of the Union made pursuant
to this Constitution.
(d) A member shall abide by and carry out all of the terms of the
collective bargaining agreement.
(e) A member shall assist in organizing the unorganized, and participate
in such activities as he/she may be called upon to perform by the Union.
Section 8 — Dues and Good Standing
Every member shall share in the cost of maintaining and operating the
Union as provided by this Constitution.
(a) Dues shall become due and payable in advance on the first day of the
current month.
(b) A member shall be considered to be in good standing if she/he pays
dues and initiation fees as required under the Constitution, or if she/he
authorizes the Employer to check-off dues and/or initiation fees pursuant
to a collective bargaining agreement.

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 (c) Members of the Union shall pay monthly dues based on the following
schedule of weekly earnings:
(1) Dues for all members, except homecare workers, shall be two
percent (2%) of monthly pay, not counting overtime, to a maximum
monthly cap of $75.oo, except that:
Effective October 1, 2017, dues shall be two percent (2%) of
monthly pay, not counting overtime, to a maximum monthly
cap of $100.00; and
Effective October 1, 2019, for members with monthly pay in
excess of $7,500.00 ($90,000 yearly), not counting overtime,
monthly dues shall be $125.00.
Monthly minimum payment for employed workers of $20;

(2) Dues for homecare workers (home attendants, housekeepers,

homemakers and home health aides, personal care attendants and other
similar titles) shall be:
2 percent of hourly pay for all hours worked per month, up to a
monthly maximum cap of 160 hours (even if more hours are
worked).
(3) In accretions, mergers and first contract situations where payment
of two percent (2%) dues would reduce the members’ pay, the Executive
Council may waive or authorize a lesser amount of dues, on a temporary
basis, that will constitute good standing for the affected group of
members for the authorized temporary period.
(d) A member in good standing who becomes unemployed may maintain
membership in good standing during the period of such unemployment by
the payment of dues of $3.00 per month, except unemployed members who
are participants in the Job Security Fund shall pay $6.00 per month.
Unemployed members in good standing shall have the same rights and be
governed by the same rules as a member on withdrawal, as provided in
Section 12. Notwithstanding any provision of Section 12 to the contrary,
an unemployed member in good standing who is actively seeking industry
work, is registered in the employment service if available in the member's
Region and checking in at least monthly shall have the right to be a
candidate for office, vote in Union elections in the last Chapter in which
they worked and nominate candidates for office for a period of one (1) year
from their last date of employment in an 1199 bargaining unit job.
(e) The term "Monthly Earnings" as used here shall mean the
contractual rate of pay and shall include Disability Benefits paid by the
National Benefit Fund and Workers' Compensation Benefits.
(f) All dues, initiation fees and assessments, if any, shall be paid to the
Union.
(g) Five per cent (5%) of all dues collected shall be set aside by the Union
for a Strike and Defense Fund. This amount can be adjusted based on the

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 determination of the Executive Council and its best estimates of the
Union's needs in this matter.
(h) Membership dues shall only be changed by a vote of the membership.
Section 9 — Suspension for Non-Payment of Dues
(a) Any member who shall fail to pay dues by the twentieth of the month
in which the same is due or who shall fail to pay any other financial
obligation by the due date shall be served with written notice of the amount
due, how the arrearage is calculated and shall be given 30 days to make
such payment. If the member fails to make a timely payment or appeal, the
member shall be deemed suspended and shall lose all rights, privileges and
benefits of membership. A member who wishes to contest the notice of
non-payment may appeal in writing to the Office of the Secretary-Treasurer
within fourteen (14) days of receipt of the notice of non-payment setting
forth the basis for his/her challenge. The Secretary-Treasurer's decision
shall be final.
(b) Whenever a member authorizes an Employer to check off his/her
dues and/or initiation fees pursuant to a collective bargaining agreement
and provided the Employer complies with such authorization within a
reasonable period of time, the member shall be considered to be in good
standing, and no such member shall become ineligible to run for office, to
nominate candidates, or to vote in a Union election solely by reason of an
Employer's failure to forward dues to the Union, within a reasonable period
of time.
Section 10 — Termination for Non-Payment of Dues
A member who has been suspended for non-payment of dues for a period of
two (2) months shall be sent a certified letter to the last known address
notifying the member that he/she must pay up all financial obligations to the
Union within ten (10) days from the date of mailing of such letter in which case
he/she shall be reinstated to good standing. Failure to make timely payments
or an appeal in accordance with Section 9(a) above shall result in termination
of membership.
Section 11 — Reinstatement from termination or Resignation
(a) A member whose membership has been terminated or who resigns
may apply for readmission to membership in the Union and if accepted,
shall pay all back dues and other monies due from him/her to the Union
plus a reinitiation fee of $150.
(b) Any other person applying for membership in the Union who ceased
being a member without obtaining a withdrawal card, shall pay the
reinitiation fee plus any monies owed to the Union at the time he/she
ceased being a member.
Section 12 — Withdrawal Cards
(a) A member who leaves a Union-represented bargaining unit or
becomes self-employed shall cease to be an active member of the Union. If
such a person has been a member of the Union for one (1) year or longer,

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 he/she shall be entitled to acquire the status of a member on withdrawal,
provided the member:
1. Applies for a withdrawal card within forty-five (45) days from the date
he/she ceased being an active member;
2. Pays the annual fee as provided.
(b) A member on withdrawal shall be entitled only to the following rights:
1. To participate in the social and cultural activities of the Union;
2. To receive the Union publication;
3. To be reinstated to active membership in the Union without paying an
initiation fee upon resumption of employment in an establishment covered by a
Union collective bargaining agreement and meeting the requirements for active
membership; and
4. To utilize an employment service affiliated with 1199, if available in
the Region and the right to maintain certain benefits under the National
Benefit Fund for Hospital and Health Care Employees subject to the Rules and
Regulations of each.
(c) The annual fee for withdrawal cards shall be $20.
(d) A withdrawal card may be denied or revoked by the Executive
Council. Crossing of an 1199 picket line or any other violation of this
constitution shall constitute grounds for denial or revocation of a
withdrawal card. The action of the Executive Council may be appealed
under Article IX, Section A(4). If revoked, a pro-rata reimbursement shall
be made.

Section 13 – Associate Membership

The Executive Council may enact policies, procedures and regulations to
implement the establishment of associate membership as an additional
classification of membership. Associate members may not be part of a
bargaining unit for which the Union is the recognized bargaining agent, and
must otherwise meet eligibility criteria set by the Executive Council.
Notwithstanding anything to the contrary in this Constitution, Associate
members shall not be eligible to hold office, vote in officer elections or
participate in other membership votes.

ARTICLE VI
Retired Members Division
The Union shall establish a Retired Members Division consisting of all
retired members of the Union.
Section 1 — Eligibility for Membership
A member who receives either Social Security retirement benefits and/or a
pension from a fund in which 1199 has an interest shall be eligible for
membership in the Retired Members Division. Where a member does not
receive either social security retirement benefits and/or a pension from a fund
in which 1199 has an interest the Executive Council may waive this
requirement. The retired membership fee shall be $5.00 per month in lieu of

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dues beginning with the first year of retirement. Membership status shall
continue so long as the member pays the monthly fee and does not violate any
of the provisions of this constitution or act in a manner detrimental to the
welfare of the Union.
Section 2 — Delegates
The Retired Members Division shall elect Delegates from their membership
on the basis of one (1) Delegate for each twenty-five (25) members or major
fraction thereof. Such Delegates may attend the Assembly of the Division from
which they emanated, as guests.
Section 3 — Rights and Privileges of Retired Members
(a) The Retired Members Division shall elect a representative to the
Executive Council, as provided in this Constitution.
(b) The Retired Members Division may enact such rules and regulations,
elect such officers and adopt such programs and policies as in its judgment
will best effectuate the purpose for which the Division was formed,
provided, however, that any such rules and regulations, programs and
policies are not in conflict with this constitution or policies and programs of
the Union. Every retired member in good standing shall have the right to
enjoy the following privileges:
1. To receive the Union's publication
2. To participate in all social and cultural activities
3. To utilize all the services provided by the Union including the right to
maintain certain benefits under the 1199 National Benefit Fund for Health and
Human Service Employees subject to its Rules and Regulations
4. To be reinstated to active membership, with the payment of an
initiation fee, upon resumption of work as an employee in a Union-represented
bargaining unit.
Section 4 — Obligations of Retired Members
Retired members shall be bound by the same standards of conduct as other
members.

ARTICLE VII
Section 1 — Officers
The officers of the Union shall be a President, a Secretary-Treasurer and
such Executive Vice Presidents and Vice Presidents as provided for in Article
VII, Sections 4 and 5.
Section 2 — President
(a) The President shall function as the Chief Executive of the Union. The
President shall direct, coordinate, guide and supervise all of the affairs of
the Union and the activities of its Officers, Organizers and personnel
subject to the review of the Executive Council.
(b) The President shall sign all official documents.

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 (c) The President may call regular and special meetings of the Union or
any of its subdivisions or governing bodies and shall have the right to
preside at such meetings or to delegate such right to another Officer.
(d) The President shall appoint Committees not otherwise provided for,
subject to the approval of the Executive Council. The President shall be an
ex-officio member of all committees.
(e) The President may recommend to the Executive Council sub-dividing
the Union into appropriate Areas for the proper and efficient administration
of the Union.
(f) The President shall be a member of the Region and the Regional
Delegate Assembly from which s/he emanates and shall be an ex-officio
member of all other Regional Delegate Assemblies.
(g) The President shall report to the Regional Delegate Assemblies and
the membership on behalf of the Executive Council.
(h) The President shall have the power, jointly with the Secretary-
Treasurer, to sign checks, promissory notes and other instruments for the
payment of money against the accounts of the Union.
(i) The President shall have the power to make such disbursements as
may be required by the Union subject to the approval of the Executive
Council.
(j) The President shall direct and be in charge of collective bargaining on
behalf of the Union.
(k) The President or his/her designee shall sign all collective bargaining
contracts on behalf of the Union.
(l) The President may appoint and assign Organizers, representatives
and such other staff personnel as the Union requires, subject to approval
by the Executive Council. Apart from those elected, The President may
terminate or discipline all such personnel subject to the approval of such
action by the Executive Council. In addition, the President may fill
vacancies which may occur subject to the approval of Executive Council.
(m) The President shall be responsible for the proper performance of
duties to the Executive Council, Regional Assemblies and the membership.
(n) The President may delegate such power to other Officers as he/she
deems proper for the good and efficient administration of the Union.
(o) The President shall be a member of the Executive Council.
Section 3 — Secretary-Treasurer
(a) The Secretary-Treasurer shall assist the President in the
administration of the Union.
(b) The Secretary-Treasurer shall preside at meetings in the absence of
the President.
(c) The Secretary-Treasurer shall have the power jointly with the
President to sign checks, promissory notes or other instruments for the
payment of money issued against the accounts of the Union.

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 (d) The Secretary-Treasurer shall be a member of the Region and the
Regional Delegate Assembly from which s/he emanates and shall be an ex-
officio member of all other Regional Assemblies.
(e) In case of a vacancy in the office of the President, the Secretary-
Treasurer shall assume the powers of the President. If less than two-thirds
(2/3) of the term remains, the Secretary-Treasurer shall serve out the term.
If more than two thirds (2/3) of the term remains, a special election will be
held and the Secretary-Treasurer shall serve until a successor is installed.
In either case, for the period of the Secretary-'Treasurer's service as Acting
President, the Executive Council shall appoint an Acting Secretary-
Treasurer upon the recommendation of the Acting President.
(f) The Secretary-Treasurer shall be a member of the Executive Council.
(g) The Secretary-Treasurer shall be responsible for the proper
performance of duties to the President, the Executive Council, Regional
Delegate Assemblies and the membership.
(h) The Secretary-Treasurer shall be the chief fiscal officer of the Union
and shall receive and collect all monies due the Union subject to review by
the Executive Council.
(i) The Secretary-Treasurer shall have the responsibility to disburse
such funds as authorized by the President and/or the Executive Council.
(j) The Secretary-Treasurer shall maintain and preserve proper books
and records of the membership, operations and finances of the Union.
Such books and records shall at all times be subject to inspection by the
President and Executive Council.
(k) The Secretary-Treasurer shall be in charge of, preserve and maintain
for safekeeping all monies, properties, securities and other evidences of
investment of the Union subject to review by the Executive Council.
(l) The Secretary-'Treasurer shall prepare and submit a certified annual
report to the President and the Executive Council and such other additional
reports as the President or the Executive Council may require.
(m) The Secretary-Treasurer shall submit all books and records of the
Union for certified audit, examination and inspection each year and at such
times as the President or the Executive Council may require.
Section 4 — Executive Vice Presidents
(a) The Union shall elect Executive Vice Presidents to serve as Heads
over Constitutional Regions or administrative divisions and/or to perform
such other assignments as the President shall determine, subject to
approval by the Executive Council. The number of Executive Vice
Presidents to be elected shall be determined by the Executive Council.
(b) The Executive Vice Presidents shall assist the President in the
administration of the Union.
(c) The Executive Vice Presidents shall be members of the Region and
the Regional Delegate Assembly from which they emanate or to which they
are elected or assigned and shall be ex officio members of all other Regional
Assemblies.

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 (d) The Executive Vice Presidents shall be members of the Executive
Council.
(e) The Executive Vice Presidents shall be responsible for the proper
performance of their duties to the President, the Executive Council, the
Regional Delegate Assemblies and the membership.
(f) The Executive Vice Presidents shall keep records of all activities of
the Region or the Departments to which they are assigned.
(g) The Executive Vice Presidents shall have the power to co-sign checks
together with the President and/or the Secretary-'Treasurer.
Section 5 — Vice Presidents
(a) The Union shall elect Vice Presidents. The number of Vice Presidents
to be elected shall be determined by the Executive Council.
(b) The Vice Presidents shall be assigned to administer Areas,
subdivisions and/or such other assignments as may be decided by the
President, in consultation with the Executive Vice Presidents.
(c) The Vice Presidents shall be responsible to the President, Executive
Vice Presidents, Executive Council, the Regional Delegate Assemblies and
the membership.
(d) The Vice Presidents shall chair Area membership meetings and may
chair Chapter membership meetings.
(e) The Vice Presidents shall keep records of all activities of the Areas or
the Departments to which they are assigned.
(f) They shall be members of the Executive Council.
(g) The Vice Presidents shall be members of the Region and the Regional
Delegate Assemblies from which they emanate or to which they are
assigned and ex-officio members of all other Regional Assemblies.
Section 6 — Organizers
(a) Organizers shall be responsible for the proper performance of their
duties to the Vice President, the Executive Vice President of the Region and
administrative division, the President, the Executive Council, the Regional
Delegate Assembly and the membership.
(b) The Executive Council shall determine the numbers of organizers
who shall be elected directly by the members. Such organizers shall be
elected by Area, except where they hold a Union-wide position, in which
case they will be elected Union-wide.
(c) The Organizers shall be members of the Region and the Regional
Delegate Assembly from which they emanate or to which they are assigned
and shall be ex-officio members of all other Regional Assemblies.
Section 7 — Salaries for Officers and Organizers
Officers, organizers and staff shall be salaried and paid by the Union.
Section 8 — No Dual Salaries or Membership
No paid organizer, officer or unlimited staff member shall hold any other
paid position or job within or without the Union. No officer or member of

14
 the Executive Council may be an active member, officer or employee of any
other labor organization.
Section 9 — Executive Council
(a) The Executive Council shall consist of all the Officers of the Union, a
representative elected by the Retired Members Division, one rank and file
member from each Area (or such other number as determined by the
Executive Council) and as ex-officio members, organizers elected by the
organizing staff of the Union, and other ex-officio members as determined
by the Executive Council.
(b) The Executive Council shall establish such standing and ad-hoc
committees of the Executive Council as it deems appropriate. Among such
standing committees shall be:
Executive Committee
Budget & Finance
Personnel
Communications
Education
Political Action
Social & Cultural
(c) There shall be an Executive Committee which shall be a standing
Committee of the Executive Council. The Executive Committee shall be
composed of the President, Secretary-Treasurer and the Executive Vice-
Presidents, and such other ex-officio staff and officers as the President and
Secretary-Treasurer shall invite. The Executive Committee shall be
responsible for implementation of Union policy and programs.
(d) The Executive Council shall have the following powers:
1. To adopt an annual budget for the Union.
2. To receive and act upon reports of the President and other Officers of
the Union on the state of each Region and the Union as a whole,
including, but not limited to the financial condition of the Union, its
collective bargaining situation and the status of the various funds in
which the Union has an interest.
3. To approve and authorize the disbursements of such funds as in its
discretion may be required to promote the aims and objects of the
Union.
4. To invest or reinvest the funds of the Union in such property, real or
personal, tangible or intangible, as it shall consider prudent,
necessary and desirable in the interest of the Union and its members.
5. To appoint Trustees or alternates of all trust funds established by or
in which the Union has an interest.
6. To interpret this constitution, and any such interpretation made by it
shall be final, binding and conclusive and shall remain in full force
and effect, unless reversed, modified or otherwise changed by each of
the Regional Delegate Assemblies.
7. To formulate plans, programs and policies for the Union.

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 8. To formulate the "order of business" for the General Delegate
Assemblies, the Regional Delegate Assemblies and the General
Membership Meetings.
9. To subdivide the Union into Areas and/or other subdivisions, and to
establish Councils and/or administrative divisions as the Executive
Council determines to be appropriate for the proper and efficient
administration of the Union.
10. To determine the assignments and responsibilities of Officers and all
staff positions consistent with, and in addition to, those already
provided in this Article.
11. To appoint and assign organizers, representatives and such other staff
personnel as the Union requires and to terminate and otherwise
discipline such personnel.
12. To fill any and all vacancies which may occur.
13. To implement the principles of affirmative action by recommending
Blacks, Latinos, Asians, women and others for organizing, technical,
professional and leadership positions in the Union.
14. To fix and authorize the expenditure of salaries of the Officers,
Organizers and paid local representatives, subject to approval of the
majority of the combined vote of all the Regional Delegate Assemblies.
15. To fix and authorize the expenditure of salaries of the office, technical
and professional employees of the Union.
16. To call strikes, subject to the approval of the members directly
involved.
17. To determine the number of officer and elected organizer positions.
18. The Executive Council shall meet at least monthly.

Section 10— Vacancies

In the event of a vacancy in the positions of Secretary-Treasurer, Executive
Vice President, Vice President, other elected member of the Executive Council,
and/or Organizer, the Executive Council shall either approve the President's
appointee to that position, designate a successor or hold a special election to
fill the vacancy for the unexpired portion of the term.
Section 11 —Regional Delegate Assemblies
1. (a) The Delegates of each Region (Article IV Section 2) shall constitute the
Regional Delegate Assembly. For the efficient administration of the Delegate
Assembly, the Regional Directors may sub-divide the Assembly into meetings
by geography, industry, classifications or professions. Wherever in this
Constitution an action requires approval of the Delegate Assemblies, it shall be
deemed to require a cumulative majority vote of all Delegates voting in their
respective Assemblies.
(b) The Regional Delegate Assemblies shall meet at least once a month,
except that meetings need not be held in the months of July and August. A
special meeting of the Regional Delegate Assembly shall be convened by the
President within fifteen (15) days upon presentation of a petition to the

16
 President bearing the signatures of not less than fifteen (15 %) percent of
the Regional Delegates.
(c) A Regional Delegate Assembly shall have the power to act upon any
matter affecting the members of the Region, except that in matters affecting
dues, initiation fees, assessments, collective bargaining agreements,
election of Officers and any other matters otherwise specifically provided for
by this constitution, its decisions shall be considered as recommendations.
(d) The Regional Delegate Assembly shall have the power to appoint
Committees, set up Boards and adopt such rules and regulations governing
its procedures as in its judgment will best effectuate its purposes.
(e) The Regional Delegate Assembly shall receive and act upon all reports
and decisions of Officers, Committees and Boards of the Union and its
Regions.
(f) The Regional Delegate Assembly shall have the power to call strikes in
its Region, subject to the approval of the members directly involved, and
the Executive Council.
(g) A Delegate desiring to include a matter on the agenda of the General
Delegate Assembly or a Regional Delegate Assembly shall forward such
request in writing to the Executive Council at least thirty (30) days prior to
such meeting. Should the Executive Council fail or decline to do so, the
Delegate may have the matter included in the agenda by submitting a
petition to the Executive Council signed by at least ten (10%) percent of the
members in good standing of the General Delegate Assembly or the
Regional Delegate Assembly. In addition, each member signing the petition
must include the last four (4) digits of his/her social security number,
administrative division/area and institution.
Section 12 — Regional Executive Boards
(a) In each Region there shall be an Executive Board composed of the
Region’s officers and Rank and File members elected to the Executive
Council. The Board may invite, ex officio, others to attend.
(b) The Executive Board shall oversee implementation of the Union’s
programs, and make policy and program recommendations to the Executive
Council.
(c) The Executive Boards shall recommend political endorsements and
participation on local labor councils and federations to the Executive
Council.

ARTICLE VIII
Section 1 — Elections
(a) All general elections for Officers, other Executive Council members
and organizers and delegates shall be held every three (3) years.
(b) The election of Officers, other Executive Council members and
Organizers shall be held on the last Monday through Friday of April in an
election year, at places, dates and times designated by the Election Board,
unless the election is held by mail ballot at the direction of the Executive

17
 Council in which case the Election Board shall fix a date for return of
ballots no later than the last business day of April.
(c) The election of Delegates shall be conducted during the month of
April, preceding or concurrently with the General Election.
Each Chapter shall be entitled to and shall elect Delegates on the basis
of one (1) Delegate for each thirty (30) members or any major fraction
thereof. Wherever possible, Delegates shall be elected on a departmental
basis and for such purpose, a department with less than sixteen (16)
members may be combined with another department. In the Pharmacy and
Human Services Chapters, each group shall be entitled to and shall elect
one (1) Delegate.
(d) The election of Delegates shall be conducted by a Chapter election
committee in accordance with this constitution. Any challenge or appeal
shall be submitted to the Secretary-Treasurer who shall make a final
determination.
(e) The membership shall be informed of the dates, times, places and
offices to be filled in any election of Officers, other Executive Council
members and Organizers at least fifteen (15) days prior to the election.
Notice of such election in the Union publication shall be deemed sufficient.
(f) Voting shall be by secret ballot.
(g) The President, Secretary Treasurer and Executive Vice Presidents
shall be elected Union-wide. Vice Presidents who administer Areas shall be
elected by the membership of the Area. Vice Presidents who are
responsible for general Union functions shall be elected Union-wide. Rank-
and-file members of the Executive Council and Organizers shall be elected
by their respective Areas.
Section 2 — Election Board
(a) During the month of November in the year preceding an election
year, the Regional Executive Boards shall recommend to the Executive
Council an Election Board for appointment.
The Board shall consist of twenty (20) members and twenty (20) alternates,
composed from the number of members and alternates from each Region in
proportion to the Region’s membership in the Union. The Executive Council
shall determine the proportions. The Election Board shall designate three (3) of
its members as follows: one (1) each as Chairperson and Secretary. A third
shall be designated as Co-Chairperson who will preside only in the absence of
the Chairperson.
(b) To be eligible for the Election Board one must be:
1. a member of the Union in good standing for not less than six (6)
months; and
2. not a candidate for any of office in the election, except for the position
of Delegate.
(c) The Election Board shall conduct and supervise the Nominations and
Elections of the Union in accordance with the provisions made therefore by
this Constitution and in so doing the board may adopt such initial rules

18
 which are necessary to conduct the nominations and elections, subject to
the approval of the Executive Council.
(d) The Election Board shall make and announce to the candidates an
initial determination of eligibility of candidates. Any objection to the
Election Board’s determination of a candidate's eligibility must be filed by
that candidate in writing with the Board within three (3) days of such
announcement.
(e) The Election Board shall certify in writing the candidates who will
run in the election.
(f) The Election Board shall meet promptly after the holding of the
election and announce the results of the election.
(g) The Election Board shall hear and determine all objections to the
conduct of the elections. All such objections must be received by the Board
in writing within ten (10) days after the election has been conducted.
(h) The Election Board shall preserve the ballots and all other records
pertaining to the election for a period of not less than one (1) year.
(i) Any and all appeals from decisions of the Election Board regarding
the conduct of the election shall be deemed waived unless made in writing
and filed with the President of the Union within ten (10) days after the
announcement by the Election Board of its decision. All such appeals
timely made shall be considered and decided by the Executive Council and
its decision shall be final and binding.
Section 3 — Nominations for Officers and Delegates
(a) Not later than the last business day in January in an election year,
the Election Board shall make available to the membership nomination
petitions for Officers, Rank-and-File Executive Council members and
Organizers and Delegates.
(b) To be a candidate for office, as an Officer, Organizer, or Rank-and-
File Executive Council member, the Candidate must be a member of the
Union in good standing for at least one (1) year prior to the election,
excepting that this eligibility period shall be reduced to three (3) months
membership in good standing in the first election for an Officer, Organizer
or Rank-and-File Executive Council member of a newly created
administrative Division.
(c) To be a candidate as a Delegate one must be a member of the Union
in good standing for at least six (6) months. In any Group or Department
where no member meets the requirements or no member who does is
willing to serve, the requirement shall be relaxed.
(d) A nominating petition for a candidate as an Area Officer, Rank-and-
File Executive Council member and Organizers shall require the signatures
and last four (4) digits of the social security numbers of no less than two
percent (2%) of the appropriate members in good standing. For union-wide
office the number of signatures required shall be no less than one percent
(1%) of the members in good standing union-wide. The required numbers of

19
 signatures will be based upon the membership as of the month of October
immediately preceding the election.
(e) A nominating petition for a candidate as a Delegate shall require the
signatures and last four (4) digits of the social security numbers of a
minimum of eight (8) members in good standing from the Group or
Department in which the member seeks election in all Chapters except in
Pharmacy and Human Services, where a minimum of four (4) signatures is
required.
(f) Nominating petitions for Officers, Rank-and-File Executive Council
members and Organizers shall be submitted to the Election Board not later
than the last business day in February in the election year.
(g) Nominating petitions for Delegates shall be filed with the office of the
Secretary-Treasurer or his/her designee not later than the second
Wednesday in March in the election year. The signature of the members on
the nominating petition must be accompanied by the last four (4) digits of
their social security numbers, Region and institution.
(h) No individual may be a candidate for more than one office and/or
position in the elections for officers.
Section 4 — Elections
(a) To be elected to the position of President or Secretary-Treasurer the
candidate receiving the highest number of votes shall be declared elected.
(b) The number of Executive Vice President positions, as predetermined
by the Executive Council, shall be filled by the Executive Vice President
candidates who receive the highest number of votes. Such candidates shall
be declared elected by the Election Board.
(c) The number of Union-wide Vice President and Organizer positions, as
pre-determined by the Executive Council, shall be filled by the Union-wide
Vice President and Organizer candidates who receive the highest number of
votes.
(d) To be elected to the position of Area Vice President, Rank-and-File
Executive Council Member or Organizer the Area Vice President, Rank-and-
File Executive Council Member and Organizer candidates receiving the
highest number of votes in that Area shall be declared elected.
(e) If no candidate for the particular office receives the highest number
of votes, a run-off election shall be held within ninety (90) days thereafter to
fill a vacant office. In such run-off election the two (2) candidates who
received the highest total number of votes shall be placed on the run-off
ballot. In this run-off election, the candidate receiving a majority of the
votes cast shall be declared elected.
The term of the incumbent Officer whose office is involved in a run-off
election shall be deemed extended until the election of a successor to the
office.
(f) Every candidate shall have the right to an observer who is a member
of the Union at the polls and at the tabulation of the ballots and during the

20
 mailing, receipt and opening of mail ballots, subject to the rules of the
Election Board.
(g) The Delegate candidate in a Group or department receiving the
highest number of votes shall fill the vacancies in accordance with this
constitution.
Section 5 — Installations
(a) The newly elected officers, Organizers and Rank-and-File Members
and Delegates shall be installed no later than June 15th of the election year
and shall immediately thereafter assume their office.
(b) Incumbents who have not been reelected to a position and/or any
officer or organizer retiring or resigning shall turn over all Union records
and property of whatever nature appertaining to their office or position to
their successors immediately after the installation meeting, or leaving their
office, position or employment with the Union. The Union shall have the
right to withhold any severance pay and/or any other monies due any
person who fails to comply with the above.
(c) Departing rank and file Executive Council members and delegates
relinquishing their positions shall turn over to their successors all records
and property of whatever nature appertaining to their office or position.

ARTICLE IX
Hearings and Appeals Board
It is the objective of 1199 to provide a democratic and orderly procedure for
its members in order to hear and determine grievances, complaints and/or
charges and appeals (hereinafter called collective "complaints") brought by or
against a member, Organizer, representative or Officer.
The following shall be included among the grounds for filing such
complaints: disloyalty of a member to the Union; incompetence, insubor-
dination or failure of an Organizer, representative or Officer to perform the
functions assigned to his office or position, corrupt or unethical practices, dual
unionism; conduct calculated to bring the Union into disrepute; violation of the
1199 Constitution, or any resolution, orders or directives of Union officers or
the 1199 Executive Council which are promulgated thereunder; failure to en-
force the collective bargaining agreements; violation of Union decisions;
scabbing; strike breaking or violation of wage or work standards established by
the Union or any activity detrimental to its good and welfare.
To this end, the following Hearing and Appeals Board procedures are
established:
(a) In each Chapter the Delegates shall elect a Hearing Board of not less
than three (3) and not more than seven (7) delegates.
(b) Each Regional Delegate Assembly shall elect five (5) of its Delegates to
act as a Regional Hearing and Appeals Board. Where, due to geographical
considerations, an administrative division cannot effectively participate in
the Regional Hearing and Appeal Board, the Executive Council may permit

21
 an administrative division Hearing and Appeals Board of three (3) or five (5)
members in lieu of the Regional Hearing and Appeals Board.
(c) The Unionwide Hearings and Appeals Board shall consist of twenty
(20) members composed from the number of members from each Region in
proportion to the Region's membership in the Union. The Executive
Council shall determine the proportions. The election of Board members
shall be held within six (6) months after the general election of officers and
delegates.
(d) Each Board shall have a chairperson and a secretary elected by the
members of the Board.
(e) The Board's decisions shall be in writing and shall require a majority
vote. A quorum necessary for a hearing or appeal to the Union-wide
Appeals Board shall be a minimum of five (5) members of the Board with at
least one member from each Region.
(f) Any other appeals Board hereinafter mentioned shall be constituted
as provided in this Constitution.
(g) No person shall sit on any Board who is directly or indirectly involved
in the subject matter of the hearing or appeals.
(h) All complaints and/or charges filed under this article shall be in
writing and shall include the name, last four (4) digits of social security
number, Region and institution of the member or members filing such
complaints or charges.
Parties by whom such complaints are made and against whom
complaints are preferred must appear personally at all stages of the
proceedings. They may select a member of the Union to act as spokesperson
on their behalf in presenting their evidence and argument. Should a party fail
to appear at a hearing, without having obtained a postponement of the hearing,
the Board may proceed in his/her absence and render its decision.
(i) It shall be a condition of membership and the continuation of
membership that a member must exhaust all remedies provided for in this
constitution, and that he/she will not file or prosecute any action in any
court, tribunal or other agency until those remedies have been exhausted.

A Complaints against a Member or Representative

Section 1 — Chapter or Area Hearing Board.
(a) A member shall have the right to bring a complaint against another
member, for any of the reasons set forth in this Constitution. A complaint
by a member against another member shall be filed with the Vice President
assigned to the Chapter or Area in which the member, against whom the
complaint is filed, is employed. A complaint against an Organizer or
representative shall be filed with the Vice President responsible for super-
vision of the Organizer or representative.
A hearing shall be held on any such complaint within sixty (60) days of
the receipt of the complaint by the Vice President. Notice of the hearing
date, time and place shall be sent by the Vice President to the parties

22
 concerned in the complaint. It shall be the duty of such Vice President to
convene the Board for the Hearing.
(b) The Board shall hear the parties and their witnesses and based on
all the evidence, oral and documentary, presented, shall render its decision.
The Board may dismiss the complaint, impose a reprimand, a censure
and/or fine up to a maximum of $25. It may also recommend to the
Regional Hearing and Appeals Board a greater fine and/or suspension or
expulsion.
(c) The Secretary of the Board shall maintain and preserve the records
of the hearing, including the Board's decision, copies of which shall be
forwarded to the parties, the Vice Presidents and the President of the Union.
A formal transcript of the hearing need not be made.
Section 2 — Regional Hearing & Appeals Board.
(a) In order to appeal from a decision of the Chapter or Area Hearing
Board, a member must make a request in writing to the Executive Vice
President in charge of the Region affected or administrative division, if
established, not later than fifteen (15) days from the date of mailing of the
decision of the Board below and forward a copy simultaneously to the
President of the Union. Upon receipt of a timely appeal and/or in the event
of a recommendation of greater fine and/or suspension or expulsion, as
provided in Section 1(b) above, the Executive Vice President shall convene
the Regional Hearing and Appeals Board within sixty (60) days from the
date of the Appeal.
(b) Notice of the date, time and place of hearing shall be sent to the
parties not later than ten (10) days prior to the date of the hearing.
(c) The Secretary of the Board shall maintain and preserve all records of
hearings and appeals. A formal transcript of the hearing or appeal need
not be made.
(d) The Board shall render its decision within ten (10) days from the date
of the conclusion of the hearing and shall forward copies of its decision to
the parties, the Executive Vice President and the President of the Union.
(e) The Board may sustain, modify or reverse the decision of the Chapter
or Area Hearing Board, and may accept, modify or reject the recommenda-
tions, if any, of the said Board.
(f) Any charge against an organizer or a delegate for any of the reasons
set forth in the constitution shall be filed with and heard by the appropriate
Regional Hearing and Appeals Board.
Section 3 — Unionwide Appeals Board
(a) In order to appeal from a decision of the Regional Hearing and
Appeals Board, a party must make a request in writing to the Secretary-
Treasurer of the Union not later than fifteen (15) days from the date of
mailing of the decision of the Board below. Upon receipt of a timely appeal,
the Secretary-Treasurer shall convene the Unionwide Appeals Board within
sixty (60) days from the date of the appeal. Notice of the hearing date, time

23
 and place shall be forwarded to the parties involved not later than ten (10)
days prior to the date of the hearing.
(b) The appeal before the Unionwide Appeals Board shall be limited to
deciding (1) whether the hearings below were held in conformity to this
constitution and, if so (2) whether the decisions rendered were fair and
reasonable. If the Board decides that the hearings below were improper, in
either respect, it may dismiss the complaint, or in the alternative order a
new hearing. If the Board decides that the hearings below were proper and
in accord with this constitution, it may either sustain, modify or reverse the
decision or decisions made below. The decision of this Board shall be
rendered within ten (10) days from the date of conclusion of the appeal and
shall be forwarded to the parties and the President of the Union.
Section 4 — Hearing Board of the Executive Council
(a) In order to appeal from a decision of the Unionwide Hearing and
Appeals Board, a party must make a request in writing to the Secretary-
Treasurer of the Union, not later than fifteen (15) days from the date of
mailing of the decision of the Board below. Upon receipt of a timely appeal,
the Secretary-Treasurer shall convene an Executive Council Hearing and
Appeals Board of no less than three (3) and no more than five (5) of its
members. The said Board, so elected, shall hold a hearing within sixty (60)
days from the date of the Appeal. Notice of the hearing date, time and
place shall be for-warded to the parties involved not later than ten (10) days
prior to the date of hearing.
(b) The secretary of the board shall maintain and preserve all records of
the hearing or appeal including the Board's decision, copies of which shall
be forwarded to the parties and to each of the members of the Executive
Council within ten (10) days from the conclusion of the hearing. The Board
may affirm, reverse or modify the decision of the Unionwide Hearing and
Appeals Board and may order any relief it deems appropriate under the
facts and circumstances.

B Complaints against an Officer or Rank-and-File Executive Council

member
Section 5 — Unionwide Hearing & Appeals Board
(a) A complaint against an officer or Rank-and-File Executive Council
member shall be filed with the Secretary-Treasurer of the Union unless the
complaint is against the Secretary-Treasurer, in which case it shall be filed
with the President. The President or the Secretary-Treasurer, as the case
may be, shall convene the Unionwide Hearings and Appeals Board within
sixty (60) days of receipt of the complaint. Notice of the hearing date, time
and place, together with a copy of the complaint, shall be sent to the
parties-involved not later than ten (10) days prior to the date of hearing.
(b) The Board shall hear the parties and witnesses and based on all of
the evidence presented, both oral and documentary, shall render its
decision. The Board may dismiss the complaint, issue a reprimand or

24
 censure, impose a fine or a suspension or expulsion or make any other
decision or ruling it deems appropriate or necessary under the facts and
circumstances. The Secretary of the Board shall maintain and preserve the
records of the hearing, including the Board's decision, copies of which shall
be forwarded to the par-ties and the President or the Secretary-'Treasurer
of the Union, as the case may be. A formal transcript of the hearing need
not be made.
(c) Any further appeals by an officer or Rank-and-File Executive Council
member shall be in accordance with the procedure set forth in Sections 4
and 5 above.
Section 6 — Appeals Relating to Arbitration of Discipline Grievances
(a) This Section shall be limited to complaints against an organizer
and/or officer of the Union in respect solely to arbitration of a member's
grievance of discipline and matters of contract application limited to the
particular complainant member, but shall not apply to issues of contract
interpretation affecting bargaining unit members other than the
complainant. No member shall file a charge of unfair representation at the
NLRB or start a law suit based on unfair representation against the Union
unless and until such employee has exhausted the internal remedies
provided hereunder.
(b) Whenever an organizer and/or officer, after completion of the
grievance procedure and when the contract time limitation for arbitration
commences, decides that there is not basis for arbitration, the organizer
and/or officer in charge shall immediately advise the employee, in writing,
of his or her right to appeal this decision to the Chapter and/or Area
Board. If the employee indicates by written notice to the Organizer and/or
Officer within 72 hours thereafter that he or she desires to appeal the
decision of the organizer and/or officer, the said organizer and/or officer
shall see to it that the applicable Chapter and/or Area Hearing Board shall
be convened without delay to hear the member's version of the matter and
make a prompt determination whether to sustain or reverse the organizer
and/or officer who made the decision against arbitration. If the Chapter
and/or Area Hearing Board decides in favor of arbitration, the Union shall
be obligated to proceed with the arbitration. If thereafter, the Employer
makes an offer of Settlement that the Union recommends, but which the
member rejects, the Union may convene the Chapter and/or Area Hearing
and Appeals Board to determine whether arbitration is warranted in light of
the settlement offer. If the Chapter and/or Area Hearing and Appeals
Board determines that the offer is fair and reasonable then the Union may
withdraw the arbitration. If the Chapter and/or Area Hearing Board
decides to sustain the organizer and/or officer, then and in that event:
(c) The member shall be promptly advised, in writing, of his or her right
to a further hearing before the Regional Hearing and Appeals Board. If the
member decides to pursue such further appeal, the member must, within
72 hours of the aforesaid notice, notify in writing the organizer and/or

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 officer of his or her desire to make such appeal to the Regional Hearing and
Appeals board. In the latter case, the organizer and/or officer shall
promptly convene the Regional Hearing and Appeals Board for a hearing
and the member involved shall be given written notice of the date, time and
place of the hearing. If the Regional Hearing and Appeals Board decides in
favor of arbitration, the Union shall proceed to arbitration. If, on the other
hand, the Regional Hearing and Appeals Board sustains the decision not to
arbitrate, said decision by the Regional Hearing and Appeals Board shall be
final and binding.
(d) In view of the contract time limitation to initiate grievance arbitration
the above procedure shall be followed by all parties without delay.
However, the Union, despite the organizer's and/or officer's decision to
forego arbitration may, pending any appeals as above set forth, in order to
avoid the possibility of exceeding the contract time limitations initiate an
arbitration and in the event the organizer's and/or officer's decision not to
arbitrate is sustained on appeal, the Union may then withdraw the arbitra-
tion as if it had never been initiated.

ARTICLE X
Affiliation
The Union may affiliate with or disaffiliate from such central labor bodies
and/or other organizations as the Executive Council may, from time to time,
determine.

ARTICLE XI
Delegates to the SEIU Convention
All officers of the Union, including President, Secretary-'Treasurer,
Executive Vice Presidents and Vice Presidents shall be elected delegates to the
SEIU Convention by virtue of their election as officers.
According to the number of delegates the Union is entitled to, it shall
endeavor to elect additional delegates to the convention who are representative
of the membership.

ARTICLE XII
Amendments
(a) Amendments to this Constitution may be initiated by:
1. A majority vote of a Regional Delegates Assembly
2. A majority vote of the Executive Council or
3. A petition signed by two (2%) percent of the members of the Union
who are in good standing.
(b) The Executive Council shall submit the proposed amendment(s) to a
vote of the Union membership within one hundred and twenty (120) days from
the date of initiation of the amendment(s) or receipt of a valid petition. The
vote may be conducted at membership meetings or by mail ballot.
(c) A copy of the proposed amendment(s) shall be mailed to the members of

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 the Union at least fifteen (15) days before the meeting(s) at which such
amendment(s) are to be submitted to a vote. A copy of any proposed
amendment(s) appearing in the Union publication and mailed at least fifteen
(15) days before such meeting shall be deemed good and sufficient notice for
this purpose. A mail ballot setting forth the proposed amendments mailed at
last fifteen (15) days before the deadline for mailing back the ballot shall be
deemed good and sufficient notice.
(d) These amendment(s) shall become effective upon its adoption unless
otherwise provided for.

ARTICLE XIII
Referendum
(a) The members shall have the right to reverse any policy or action of
the Executive Council by a majority vote of the members participating in a
referendum. Such a referendum may be initiated by a petition signed by
fifteen percent (15%) of the members of the Union who are in good
standing.
(b) The Executive Council shall submit the proposed referendum issue to
a full vote of the Union membership - at a meeting(s) or by mail ballot -
within one hundred and twenty (120) days from the date of receipt of a
valid petition.
(c) A copy of the proposed referendum shall be mailed to the members of
the Union at least fifteen (15) days before the meeting at which such a
referendum is to be submitted to a vote. A copy of any proposed
referendum appearing in the Union publication and mailed at least fifteen
(15) days before such a meeting shall be deemed good and sufficient notice
for this purpose. A mail ballot setting forth the proposed referendum
mailed at last fifteen (15) days before the deadline for mailing back the
ballot shall be deemed good and sufficient notice.
(d) Any referendum approved by a majority of the members voting shall
become effective upon its adoption unless otherwise provided for.

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