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As Indicated in Article VII of the International
Brotherhood of Teamsters Constitution
General Duties
Article VII, Section 1. The General Secretary-Treasurer
shall be custodian of all of the properties, funds, securities, and assets of
the International Brotherhood of Teamsters wherever located. He shall conduct
all financial correspondence involving or affecting the International Union and
all financial correspondence between the International Union and any affiliate
or subordinate body of the International Union, and his signature shall, as a
ministerial act, be required on all instruments, documents, deeds, or other
papers of any nature whatsoever requiring or involving the investment of any of
the funds of the International Union. The General Secretary-Treasurer shall keep
a correct record of the proceedings of the Conventions of the International
Union and of each meeting of the General Executive Board, preserve all important
documents, papers, letters received, and copies of all important letters
involving the International Union and which pertain to the functions and
responsibilities of the Office of the General Secretary-Treasurer. He shall
supply each delegate to the Convention of the International Union with a copy of
the correct record of the proceedings of any such Convention as soon as is
practicable following the Convention and shall supply each member of the General
Executive Board with a correct copy of the minutes of each meeting of the
General Executive Board as soon as is practicable following the meeting.
Section 2(a). The General Secretary-Treasurer shall have
primary responsibility for the payment from the general fund of all financial
obligations, commitments, and expenditures of the International Union. Requests
or requirements for payments from the general fund shall be submitted to the
General Secretary-Treasurer and shall be supported by written authorization in
the form of statement, bill, invoice, voucher, disbursement authorization, or
similar written instrument. All such requests or requirements for payment from
the general fund as indicated above shall, prior to payment, be reviewed and
approved as to the validity of such claim by the General President and as to the
adequacy of supporting data by the General President and the General
Secretary-Treasurer or by representatives duly appointed by each, provided such
representatives are appropriately bonded. Following approval as set forth above,
the General Secretary-Treasurer shall make payment by check under his individual
signature for the following classes of financial obligations of the
International Union:
(1). Routine or recurring expenditures incurred in the
operation of the General President’s and the General Secretary-Treasurer’s
offices such as general office expenses, administrative and clerical
salaries, building maintenance expenses, salaries or compensation of
officers, organizers and other representatives or staff members of the
International Union, including expenses of such individuals as authorized by
the International Constitution, real and personal property taxes, and other
types of taxes, interest payments, and all other similar regularly recurring
expenses of the International Union, provided that the General Executive
Board shall first have given general authorization for payment of such type
of financial obligations.
(2). Expenditures such as out-of-work benefits, or
advances or payments to Trade Conferences or Divisions, Local Unions or
Joint Councils, and other similar specific expenditures all of which have,
prior to payment thereof, been specifically authorized by the General
Executive Board or this Constitution.
(b). All expenditures from the general fund, other than
those provided in 2(a) above, relating to the operation of the International
Union, including, but not limited to, expenditures to further the Objects of
this International Union as set forth in Article I, Section 2 herein, shall be
approved by the General President and the General Secretary-Treasurer. Checks in
payment of such expenditures shall be signed by the General President and the
General Secretary-Treasurer. In the event of disagreement between the General
President and the General Secretary-Treasurer concerning the making of any
payment, the matter shall be submitted to the General Executive Board for
determination, which determination shall be final and binding.
(c). The General President and General Secretary-Treasurer
and all other representatives or employees of the International Union who handle
any funds of the International Union or subordinate body thereof or are involved
in the making of any expenditures from the general funds shall be bonded in an
amount sufficient to protect the International Union.
(d). In the event that the General Secretary-Treasurer is
temporarily unavailable during any period or periods of time, the General
President shall exercise all of the powers and duties of the office of the
General Secretary-Treasurer during such period or periods of temporary
unavailability, except for his powers to appoint and remove which, during such
period or periods, shall not be exercised without the prior approval of the
General Executive Board.
(e). In the event of the incapacity or unavailability of any
person authorized by this Constitution to sign checks or documents, the General
Executive Board shall designate another person to exercise such authority. This
provision shall also apply to situations resulting from the operation of Article
VI, Section 8 and Article VII, Section 2(d).
Issuance of Charter
Section 3. All charter applications must be signed by no
less than seven (7) prospective members employed within the jurisdiction of the
International Union, and before final issuance, must be approved by the General
President, the General Secretary-Treasurer, and the General Executive Board. All
Local Union charter applications must initially be submitted to the Joint
Council or to the State or Multi-State Conference (if there is no Joint Council)
having jurisdiction in the area, which shall then forward such application to
the General Secretary-Treasurer with an indication of whether such application
has the approval or disapproval of such body. All other charter applications
shall be submitted directly to the General Secretary-Treasurer. The General
Secretary-Treasurer shall submit all charter applications to the General
Executive Board. In determining whether to issue a Local Union charter, the
General President, the General Secretary-Treasurer, and the General Executive
Board shall take into consideration, but shall not be bound by the position of
the Joint Council or State or Multi-State Conference in the matter. If the
General President, the General Secretary-Treasurer, and the General Executive
Board approve the issuance of a charter, the General President and the General
Secretary-Treasurer shall sign, and the General Secretary-Treasurer shall issue
and deliver, the charter to the organization for which application for charter
has been made. Such charter shall be revoked unless within thirty (30) days
after the election of officers of the organization, the contract set forth below
has been signed by the President and Secretary-Treasurer of such organization
and returned to the General Secretary-Treasurer. Applications for revisions of
existing charters shall be processed in accordance with the procedures outlined
in this Section. Charters may be issued to a Local Union, the territorial
jurisdiction of which shall not be limited to any particular geographic area,
upon such terms and under such conditions as the General Executive Board shall
consider appropriate, notwithstanding any other provisions of this Constitution.
Affiliation with, and the issuance of a charter by, the International Union and
compliance with all the provisions and requirements of this International
Constitution are in no way conditioned upon the affiliation or nonaffiliation of
the International Union with any other organization either at the time of the
issuance of a charter or subsequent thereto. The General Executive Board shall
have the authority to change the jurisdiction granted or set forth in the
charter at any time in its sole discretion. The following Charter Contract and
the rights, duties, and obligations set forth therein are a part of this
Constitution as though set forth in a separate Article herein:
CHARTER CONTRACT
Know all men by these presents, that I, . . . . . . . .
. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . ,
Secretary-Treasurer of Local Union (Joint Council or other subordinate body)
..............., located at ..............., being authorized to act for
said Local Union (Joint Council or other subordinate body), in consideration
of the General Secretary-Treasurer’s issuing a charter to said Local Union
(Joint Council or other subordinate body) hereby agree: that said charter
shall remain the property of the International Brotherhood of Teamsters and
in consideration of the premises herein stated, when the charter is framed,
the frame shall immediately become the property of the International
Brotherhood of Teamsters; that said Local Union (Joint Council or other
subordinate body) shall have custody of said charter until it is demanded by
some person authorized to make such demand in accordance with the
International Constitution, and the charter and frame shall then be
delivered to the person so authorized to demand and procure the same; and
that any person so authorized may enter any premises occupied by the said
Local Union (Joint Council or other subordinate body) or any of its members
and take possession of and remove the said charter.
I do further recognize and acknowledge on behalf of
Local Union . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .
(Joint Council or other subordinate body) that the name and all rights and
privileges hereunder are granted this Local Union (Joint Council or other
subordinate body) by the International Union, and that all books, documents,
contracts, name, moneys, funds, and property of any nature and description
which may be obtained, accumulated, and maintained by this Local Union
(Joint Council or other subordinate body) will result, be obtained,
accumulated or maintained by the granting of this charter and the rights and
privileges thereunder; and that therefore, in the event this charter is
revoked, or this Local Union becomes defunct, all books, documents,
contracts, name, moneys, funds, and property shall belong to and shall be
delivered over to the International Union by it to be retained, as provided
for in Article X, Sections 13 and 14 of the Constitution, until the charter
is reinstated or a successor Local Union (Joint Council or other subordinate
body) or Local Unions (Joint Councils or other subordinate bodies) are
chartered.
I do further agree in behalf of Local Union . . . . . . . (Joint Council or
other subordinate body) that it will abide by the provisions of the
International Constitution and amendments thereto, all of which are
incorporated herein by reference.
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .
By Its Secretary-Treasurer
Financial Report
Section 4(a). The General Secretary-Treasurer shall issue
annually a financial report summarizing the assets and liabilities of the
International Union and stating the net worth of that organization and the
receipts and disbursements together with a Certified Public Accountant’s
statement as set forth in Section 1 of Article VIII.
Such a report shall be published annually in the official
Journal of the International Union. At any time a financial report is requested
by the General Executive Board, the General Secretary-Treasurer shall furnish
such a report consisting of a statement of assets, liabilities, and net worth of
the International Union.
(b). The General Secretary-Treasurer shall furnish the
Secretary of each subordinate body with a roster which shall be kept current at
least semi-annually, showing the International officers, Local Unions, Joint
Councils, Trade Conferences, and Divisions of the International Union.
Method of Determining Representation
Section 5(a). The General Secretary-Treasurer shall make an
initial determination of the number of delegates which a Local Union may be
entitled to send to the Convention by averaging the per capita tax paid on
members by said Local Union for a two-year period ending eighteen (18) months
prior to the first day of the month in which the Convention is convened.
However, in cases of the split-off of Local Unions occurring during the two-year
period, the per capita averaging for each Local Union involved shall be based
upon the period beginning with the date of the split-off and ending eighteen
(18) months preceding the first day of the month in which the Convention is
convened. Where the split-off occurs within eight (8) months of the opening day
of the Convention, and the General Executive Board, pursuant to Article III,
Section 3(c), has determined that the newly chartered Local Union is entitled to
full representation at the Convention, the per capita averaging for both Local
Unions shall be based upon the period from the date of split-off through the
month immediately preceding the Convention Call. In the event it is not possible
to hold the Convention at the time prescribed by Article III, Section 1, because
of an emergency, the additional per capita tax payments involved shall be taken
into consideration in computing the average monthly membership for the
determination of the number of delegates to which the Local Union shall be
entitled. (See also Article III, Section 2.)
(b). The General Secretary-Treasurer shall make a final
determination of the number of delegates that a Local Union shall be entitled to
send to the Convention by averaging the per capita tax paid on members by said
Local Union for a two-year period ending three (3) months prior to the first day
of the month in which the Convention is convened. However, in cases of the
split-off of Local Unions occurring during the two-year period, the per capita
averaging for each Local Union involved shall be based upon the period beginning
with the date of the split-off and ending three (3) months preceding the first
day of the month in which the Convention is convened. Where the split-off occurs
within eight (8) months of the opening day of the Convention, and the General
Executive Board, pursuant to Article III, Section 3(c), has determined that the
newly chartered Local Union is entitled to full representation at the
Convention, the per capita averaging for both Local Unions shall be based upon
the period from the date of split-off through the third month immediately
preceding the month of the Convention.
Finances
Section 6(a). The General Secretary-Treasurer shall receive
moneys due from all sources and in the case of subordinate bodies shall give his
receipt therefor. All moneys shall be placed in banks, depositories, or vaults
approved by the General Executive Board in the name of the International
Brotherhood of Teamsters.
(b). At least twenty-five percent (25%) of the assets of the
International Union (exclusive of real estate, buildings, and furnishings) shall
be maintained in interest-bearing bank accounts and short-term investments as
directed by the General Executive Board.
International Auditors and Audits
Section 7(a). The books of all Local Unions may be audited
to the extent prescribed by the General Executive Board at least once between
Conventions by an International Union Auditor, or by a Chartered or Certified
Public Accountant, as directed by the General Executive Board, under the
supervision of the General Secretary-Treasurer. For that purpose, the General
Secretary-Treasurer shall appoint International Auditors, and their salaries,
per diem, and expenses shall be fixed in accordance with the provisions of
Article V, Section 1(d), (e), and (g) the number of such Auditors to be
determined by the General Executive Board. The General Secretary-Treasurer, when
he deems it for the best interest of the International Union, is hereby
empowered to remove any International Auditor with the approval of a majority of
the General Executive Board.
(b). All subordinate bodies and joint operations, whether
they be within this International Union or with other international unions,
which receive any donations, advances, matching funds, or special payments of
any nature from the International Union shall keep full financial records
respecting same and the manner in which they are expended.
The books of every subordinate body shall be audited by a
Chartered or Certified Public Accountant at least once a year. The books of
joint organizing funds may be audited by a Chartered or Certified Public
Accountant at the discretion of the General Secretary-Treasurer. Copies of all
annual or terminal audit reports, whether prepared by an International Auditor
or a Chartered or Certified Public Accountant, shall be forwarded to the General
Secretary-Treasurer. Also, all subordinate bodies must send to the General
Secretary-Treasurer copies of all financial reports setting forth a statement of
assets and liabilities and a statement of receipts and disbursements which are
required by law. (See also Article X, Section 10.)
Notification of Local Unions in Arrears
Section 8. It shall be the duty of the General
Secretary-Treasurer to notify the Secretary-Treasurer, the President, and the
three (3) Trustees of the Local Union when said Local Union becomes in arrears
for per capita tax.
Seals, Stamps and Supplies
Section 9(a). The General Secretary-Treasurer shall procure
all seals and supplies and furnish same to all Local Unions desiring them. It
shall become compulsory upon all Local Unions to procure from the International
Union, with the exception of letter paper and envelopes, all supplies carried by
the International Union, as listed from time to time on International Union
order blanks furnished for that purpose.
(b). Individual members of Local Unions shall not have the
power to duplicate the buttons or paraphernalia issued by the International
Union. Permission may be granted by the General Secretary-Treasurer to
subordinate bodies to procure other minor International supplies in their
several localities.
Other Duties
Section 10. The General Secretary-Treasurer shall perform
such other duties as are required of him by this Constitution.
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