The SEIU Local 1 constitution

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20 CONSTITUTION AND BYLAWSreasonably learned, of the act or acts which are the basis ofthe charges.Section 2. All charges shall be filed in duplicate with theSecretary-Treasurer of the Local Union who shall serve a copythereof upon the member either personally or by certifiedmail, directed to the member’s last known address, at leastten (10) days before the hearing upon the charges.Section 3. The basis for charges shall be as specified in ArticleXVII of the International Constitution and Bylaws. Anymember of this Local Union against whom charges are filedmay appear before the Local Executive Board in person withwitnesses to answer the charges and may be represented byan attorney or by a fellow member of the Local Union, andshall be afforded a full and fair hearing before the Board orappointed hearing body. If the member is unable or unwillingto be present at the hearing before the Board or designatedhearing body, his defense may be presented in writing. Indefault of personal appearance or written defense, thehearing body shall proceed with the hearing regardless of theabsence of the member.Section 4. After the required due process has been afforded,such penalty as is deemed reasonable may be imposed. Thedecision shall be recorded in the minutes of the ExecutiveBoard and shall be presented at the next regular membershipmeeting. A member shall have the right to appeal from thedecision and judgment of the Local Executive Board ordesignated hearing body to the next regular membershipmeeting by filing a written appeal by certified mail withinfifteen (15) days thereafter with the Secretary-Treasurer. Adecision of the Board or hearing body in respect to chargesshall be sustained unless a majority vote of the memberspresent at such regular membership meeting shall overrulethe decision. If the membership sustains the decision of theLocal Executive Board, such decision shall become effectiveimmediately. All further appeals may be filed in accordancewith the provisions of Article XVII of the InternationalConstitution and Bylaws. If the charges are not sustained, theyshall be dismissed and the member shall be returned to fullrights of membership or office in the Local Union.Section 5. The trial body, after requisite due process has beenafforded, may impose such penalty as it deems appropriateand as the case required.Section 6. Subject to the provisions of applicable law everymember or officer of this Local Union against whom chargeshave been filed and disciplinary action taken agrees, as acondition of membership, to exhaust all remedies provided forin the Local and International Constitutions and Bylaws, andSEIU Local 1 21rules and regulations, and further agrees not to file orprosecute any action in any court, tribunal or other agencyuntil all such internal procedures have been fully exhausted.ARTICLE XIXMEETINGSSection 1. Regular membership meetings of the Local Unionshall be held at such places and at such times as designatedby the Local Executive Board and/or the President uponreasonable notice. A Membership meeting shall be held atleast once in each quarter in each metropolitan area withinthe jurisdiction of this local. A quorum shall consist of fifty(50) members assembled at a regular meeting in Chicago andten (10) members in each city within the jurisdiction of thelocal called in accordance with this Constitution, and theyshall be qualified to transact such business as may beconsidered at such meeting. In the absence of the President,the Secretary-Treasurer shall call the meeting to order andpreside at the meeting. If both are absent the President shalldesignate any other officer or member to preside at anymeeting.Section 2. All meetings shall be conducted in accordance withthe rules governing procedure and debate contained inAppendix A attached hereto.Section 3. Special meetings of the Local Union may be calledby the President or by a majority vote of the Local ExecutiveBoard upon reasonable notice to the membership. Suchnotice shall expressly state the business on the agenda, whichshall be the only business considered at such special meeting.Section 4. Each Division shall hold non-legislative meetingsand maintain councils, and advisory boards, subject to theapproval of the President. Any and all recommendations shallbe submitted to the Local Executive Board for action thereon.ARTICLE XXCOLLECTIVE BARGAININGSection 1. The authority to bargain collectively for the LocalUnion shall be subject to the mandate of the membership ofthe bargaining unit, and shall be vested in a NegotiatingCommittee which shall consist of an officer or unionrepresentative or other representatives appointed by thePresident.Section 2. The results of any collective bargainingnegotiations shall be subject to ratification by a majority ofthe members of the bargaining unit present at the ratification.Section 3. The International Union shall be notified in writingwhen any collective bargaining agreements or memoranda of
22 CONSTITUTION AND BYLAWSunderstanding have been concluded and the number ofemployees covered thereby and the expiration date of thecontract.ARTICLE XXISTRIKES AND LOCKOUTSNo Local Union or affiliated body shall strike without previousnotification to the International President, or, where priornotice is not practicable, without notification as soon aspossible after commencement of the strike, in which noticethe Local Union or affiliated body has stated that it hascomplied with all applicable notice requirements. If the LocalUnion or the affiliated body fails to give such notice, theInternational President may withhold approval for such strike.In order to initiate a strike against an employer, a majorityvote is required from the membership of the affectedbargaining unit. The majority requirement will be determinedfrom among those members who cast their ballot and aremembers in good standing of Local 1.ARTICLE XXIIDISPUTES, GRIEVANCES AND LITIGATIONEXHAUSTION OF UNION REMEDIESSection 1. Subject to the provisions of Section 2, the Presidentshall be empowered to decide disputes between membersrelating to their work or their responsibilities to each other orto the Local Union and to decide the claim of membersconcerning the adjustment of their grievances againstemployers or Union Representatives. The decision of thePresident shall be final and binding in such matters, exceptthat a member who is not satisfied with such decision shallhave the right to appeal as provided in Section 2 hereof. It isexpressly understood that, as a condition of membership,each member agrees to be bound by the provisions ofSections 1 and 2 of this Article and to exhaust all proceduresand remedies provided therein and to refrain from theinstitution or prosecution of any action in any court, tribunalor other agency until the procedures and remedies therein arefully exhausted. Any member who brings any action inviolation of this provision may, in addition to other penalties,be required to reimburse the Local Union or its officers for thecosts and attorneys fees incurred in defending such action.Section 2. Any member who has a dispute as defined inSection 1 shall, within ten (10) days from the date such disputearises, appeal in writing to the President by certified mail. Ifsuch member is not satisfied with the decision of thePresident, or if the President has not rendered a decisionwithin fifteen (15) days following receipt of the appeal, themember may appeal his or her case to the AppealsSEIU Local 1 23Committee of the Local Executive Board. The AppealsCommittee shall consist of five (5) Executive Board Membersassigned by the President. Any such appeal to the AppealsCommittee of the Executive Board shall be filed in writing bycertified mail with the Secretary-Treasurer. The decision of theAppeals Committee shall be due or rendered not later thanthirty (30) days after receipt of the appeal. The decision ofthe Appeals Committee of the Executive Board shall besubject only to such further appeal as may be permissibleunder the Constitution and Bylaw of the International Union.ARTICLE XXIIIAFFILIATIONSThis Local Union shall be a member of the Service EmployeesState Councils in all states within its jurisdiction and, otherlocal and state labor organizations and federations includinglocal labor councils affiliated with the AFL-CIO and CTW,where appropriate, and other such bodies as the InternationalUnion may from time to time direct.ARTICLE XXIVDISSOLUTIONThis Local Union cannot dissolve, secede or disaffiliate if thereare seven (7) dissenting members and must comply with theprocedures contained in Article XXV of the InternationalConstitution and By-Laws. In the event of secession,dissolution or disaffiliation, all properties, funds and assets,both real and personal, of this Local Union shall become theproperty of the International Union. Under no circumstancesshall this Local Union distribute its funds, assets, or propertiesindividually among its membership.ARTICLE XXVPROPERTY RIGHTSMembership in the Local Union shall not vest any memberwith any right, title or interest in or to the funds, property orother assets of the Local Union, now owned and possessed, orhereafter acquired, and each member hereby expresslywaives any right, title or interest in or to the funds, property orother assets of the Local Union. The title to all property, fundsand other assets of this Union shall at all times be vested inthe Executive Board of the Local Union but no member shallhave any severable proprietary right, title or interest therein.ARTICLE XXVIAMENDMENTSSection 1. This Constitution and By Laws shall be amended bysubmitting the proposed amendment(s) to the LocalExecutive Board. The Executive Board shall vote on whetherto recommend approval of the proposed amendment(s) to
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The SEIU Local 1 constitution

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