By-Laws

PREAMBLE
Our aim shall be to promote and protect the interest of our membership, to elevate the
moral, intellectual and social conditions of all working men and women, to assist each other
in sickness and distress
To discourage piecework to encourage apprenticeship and a higher standard of skill, to
cultivate a feeling of friendship, and to assist each other to secure employment.
To aid and to assist all organizations to uphold the dignity of labor and resist oppression by
honorable means.
To hold it as a sacred principle, that union members, above all others, should set a good
example as good and faithful workers, performing their duties to their employer with honor
to themselves and to their organization.
We resent the principle of open shop association, and will continually strive for the
enactment of legislation, which will enable us to achieve our objectives.
Realizing that a blow to one organization is a blow to all, therefore, it shall be our duty as
union members to purchase union-made goods and patronize union shops and
establishments whenever possible to do so.
So with these aims and principles in mind, the Local Unions in the vicinity of New York City
affiliate ourselves into an organization that shall be known as the District Council for New
York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America, AFL-
CIO in conformity with the provisions of the Constitution of the United Brotherhood
BY-LAWS NAME AND TITLE Section 1.
This body is chartered and known as the District Council for New York City and Vicinity of
the United Brotherhood of Carpenters and Joiners of America, AFL- CIO. This Council is
organized in conformity with the Constitution of the United Brotherhood and shall exercise
the powers and privileges of a Council under the Constitution of the United Brotherhood.
OBJECTS Section 2.
The primary objects of this council shall be to promote and protect the interest of our
membership through broadly democratic institutions free from corrupt influence, to
discourage piecework, to encourage the apprenticeship system and higher standards of skill,
to reduce the hours of labor, to secure adequate pay for our work, to elevate the standard
of our craft, to cultivate a feeling of friendship among the members of this Brotherhood, to
assist our members in procuring employment and to protect our members by legal and
proper means against any injustice that may be done to them, and to improve the moral,
social and intellectual conditions of our members and all working people.
POWERS Section 3.
This Council, through a democratically elected governing body of delegates chosen by the
rank and file, shall be the central governing body and have legislative and executive power
on all matters relating to the general interest and welfare of affiliated Local Unions and their
members The Council shall establish working dues or monthly dues that are sufficient to
operate the Council payable to the Council and initiation fees. It shall have the power to
collect and retain all fines levied by the Council for violations of the laws, trade rules, and
other rules of the Council. The Council shall have the power to issue the quarterly work
card. It shall have the power to make agreements with kindred bodies or central
organizations and send Delegates to the same whenever deemed necessary. The Council
shall have the authority to review and approve, in its discretion, all personnel decisions and
to establish personnel and other policies. Except for clerical employees of Local Unions, all
persons employed on matters within the jurisdiction of the Council, including Business
Representatives and Organizers, shall be employees of the Council. No Council officer or
Executive Committee Delegate shall receive salary or other compensation or hold elected or
appointed position as an officer of an affiliated Local Union. The affiliated Local Unions may
employ and pay salaries to clerical employees
These By-Laws, Trade Rules and any other rules, resolutions and directives adopted by the
Council shall govern and be binding on each Local Union affiliated with the Council. Any
subject not covered by these By-laws and Trade Rules shall be governed by the Constitution
of the United Brotherhood and nothing in these By-laws shall in any way be construed to
conflict with the Constitution of the United Brotherhood.
COUNCIL REPRESENTATION Section 4
Each Local Union shall elect Delegates to the Council in accordance with the Constitution of
the United Brotherhood governing nomination and elections in subordinate bodies The ratio
of representation from each Local Union to the Council shall be determined by the Council. A
member who meets the qualifications of Section 3 1D of the Constitution of the United
Brotherhood shall not be ineligible to be a Delegate because he or she is a Business
Representative of the Council, nor shall an otherwise qualified Delegate be ineligible for
appointment as a Business representative because he or she is a Delegate Each Local Union
shall submit the correct number of members on their rolls month to month on and after the
first meeting of each month
The ratio of representation from each Local Union to the Council shall be as follows:
1 to 500 members = 5 delegates
501 to 1,000 members = 6 delegates
1,001 to l,500 members = 7 delegates
1,501 to 2,000 members = 8 delegates
2,001 to 2,500 members = 9 delegates
2,501 to 3,000 members = 10 delegates
3,001 to 3,500 members = 11 delegates
3,501 to 4,000 members = 12 delegates
4,001 to 4,500 members = 13 delegates
For each additional 500 members thereafter = one delegate
POWERS AND DUTIES OF DELEGATES Section 5
The Delegate Body shall have the exclusive authority to consider, vote upon and finally
approve decisions on all matters which are expressly delegated by the Delegate Body.
Without limiting the generality of this grant of authority, the Delegate Body shall have the
exclusive authority to: finally approve the budget and all expenditures of the Council, finally
approve the overall organizing plan of the Council, finally approve all recommendations of
the Executive Committee, finally approve all contracts of the Council, including, but not
limited to, those relating to the employment of service providers, outside legal advice or
other professional advice, finally approve collective bargaining agreements, finally approve
the appointment and removal of Trustees to the Trust Funds, and appoint the Council's Trial
Committee, Rules and Resolutions Committee, District Council Grievance Committee and
Election Committee and such other committees it deems necessary. The Delegate Body shall
also have unlimited authority to raise and finally resolve any matter within the jurisdiction
of this Council on its own initiative.
The Council by majority vote of the Delegates present, either in regular or special session,
shall have the authority to adopt Operating Procedures to govern the Council and all Local
Unions, and to enact all measures, resolutions, trade rules, instruction to members and
Local Unions and all other actions that may be necessary to further the objectives and
purposes of the Council
Council Delegates shall be elected in accordance with the Constitution of The United
Brotherhood and the approved New York City District Council of Carpenters Election Rules
Council Delegates shall be elected for a term of not more than three years or until their
successors are elected, qualified and installed.
DELEGATE CREDENTIALS Section 6
Recording Secretaries of Local Unions must forward credentials of the Delegates from their
Local Union to the Council properly signed by the Local Union President and Recording
Secretary with the seal of the Local Union affixed. They shall be referred to the Executive
Committee who shall investigate the same and report their findings to the Council with
recommendations thereof
DELEGATES ATTENDING MEETINGS Section 7
All Delegates must sign in at all meetings of the General Delegate Body. Any Delegate to
this Council failing to attend its meetings shall upon the third (3 rd) offense, provided they
are successive and no reasonable excuse is presented and accepted by a majority vote of
the Council, stand suspended and his Local Union shall be so notified. No meeting of the
Delegate body shall be held without a majority of delegates present Forty five (45)
Delegates shall constitute a majority.
EXECUTIVE COMMITTEE Section 8.
The Executive Committee shall be a subcommittee of the Delegate Body and shall consist of
one member of each Local Union nominated and elected by secret ballot of the membership
directly, and the President, Vice-President and Executive Secretary-Treasurer. The Executive
Committee shall prepare an annual budget for the Council to be considered, voted upon and
finally approved by the Delegate Body. The Executive Committee shall review and make
recommendations to the Delegates on all major purchases by the Council such as
automobiles, computers and all personnel decisions, including salaries. The Executive
Committee shall serve as the collective bargaining committee for conducting negotiations
with employers. The Executive Committee shall have the authority to appoint additional
members to serve on any negotiating committee. The Executive Committee shall make
recommendations to the Delegates on the appointment and removal of Trustees to the Trust
Funds. The Executive Committee shall have the authority to conduct public and member
relations including the publishing of "The Carpenter". All changes or proposed changes to
the By-Laws or Trade Rules of this Council or any of the Local Unions affiliated therewith
shall be first referred to the Executive Committee for consideration and recommendation
pending final approval of the delegate body. Furthermore, in accordance with Section 11 B
of the Constitution of the United Brotherhood the same must be submitted to the First
General Vice-President for approval. The Executive Committee shall regularly review the
District Council's referral records to determine that job referrals and the appointment of
stewards are being conducted fairly and properly in accordance with the job referral rules
and shall report their findings to the Delegates The Executive Committee shall submit a
report on Council operations to each meeting of the Delegate Body
DISTRICT COUNCIL OFFICE Section 9A
There shall be a President, Vice-President, Executive Secretary-Treasurer. Warden,
Conductor, and three (3) Trustees. The term of these offices shall be four (4) years.
NOMINATIONS AND ELECTIONS Section 9B
The nomination, election and installation of members for such offices shall be governed by
the Constitution of the United Brotherhood, the approved Election Rules of this District
Council and in accordance with the following provisions
(A) Candidates for President, Vice-President, and Executive Secretary- Treasurer shall be
nominated and elected by secret ballot of the membership directly. Candidates for Warden,
Conductor and the Three (3) Trustees shall be nominated' and elected by the Delegate body
Candidates for all such offices must be working within the bargaining unit represented by
their Local Union, or employed full time within the framework of the United Brotherhood to
be eligible.
(B) Candidates duly nominated and elected, by virtue of their office, shall be deemed a
Delegate from their Local Union for the ensuing election of Local Union Delegates to the
Council
VACANCIES IN OFFICE Section 9(C)
1. In the case of a vacancy in the office of Executive Secretary- Treasurer. due to death,
retirement, or removal, the President shall become Executive Secretary- Treasurer Protem
until such time as an election may be held. In the case that there is one (1) year or less left
to the term of office the Executive Secretary- Treasurer protem shall complete said term of
office.
2 In the case of a vacancy in the office of President, due to death, retirement, or removal,
the Vice-President shall become President protem until such time as an election may be
held. In the case that there is one (1) year or less left to the term of office the President
Protem shall complete said term of office.
3. In the case of vacancy in the office of Vice-President, due to death, retirement or
removal, the Executive Secretary-Treasurer shall appoint one of the members of the
Delegate Body as Vice-President protem, until such time as an election may be held. In the
case that there is one (1) year or less left to the term of office the Vice-President protem
shall complete said term of office.
4. In the case of a vacancy in the office of Executive Delegate, due to death. retirement, or
removal, the Local Union President from the Local Union from which the vacated Executive
Delegate came shall appoint one of the elected Delegates from that Local as Executive
Delegate Protem, until such time as an election may be held. If there is one (1) year or less
left to the term of office the Executive Delegate Protem shall complete said term of office.
DUTIES OF THE PRESIDENT Section 10.
It shall be the duty of the President to preside at all meetings of the Council, enforce a due
observance of the Constitution of the United Brotherhood and the By-laws of the District
Council, conduct the same according to parliamentary rules, rules of the delegate body and
perform such other duties as designated by the body
DUTIES OF THE VICE-PRESIDENT Section 11
The Vice-President shall assist the President in the performance of his or her duties and
conduct meetings in his or her absence the same rules are to govern as are applied to the
President.
DUTIES OF THE EXECUTIVE SECRETARY-TREASURE Section 12
(A) The Executive Secretary shall be responsible for the management and supervision of the
field activities, business office (s), and for conducting the daily business of the Council in
accordance with the Council policies established by the Delegate Body. The Executive
Secretary- Treasurer shall assume all of the duties of the Recording Secretary and
Treasurer.
All monies paid into the Council shall be deposited by the Executive Secretary-Treasurer in
the name of the Council in such bank or banks as properly designated by the Executive
Committee
The Executive Secretary-Treasurer shall furnish each Local Union with a copy of the
quarterly financial report of the Council certified by the proper committee this report shall
be signed by the Trustees of the Council. He shall perform such oilier duties from time to
time as the Executive Committee or the Council Delegates may direct.
The Executive Secretary-Treasurer shall furnish each Local Union a correct record of each
meeting of the Council, copies of which shall be made available to members upon request at
the Local Unions All collected claims shall pass through the hands of the Executive
Secretary-Treasurer and he shall keep a record of the same.
The Executive Secretary-Treasurer shall refer all bills to the Trustees for investigation, after
which they shall be presented to the Council Delegates for final approval.
The Executive Secretary Treasurer is specifically authorized to expend, subject to the
approval of the Executive Committee and, in accordance with the procedures of these By-
Laws and the budget approved by the Delegates, funds for any or all of the purposes and
objects of the Council established by the Delegate Body
The Executive Secretary-Treasurer shall have the authority to hire, discipline, suspend,
promote or terminate all clerical or custodial employees and shall determine their duties,
assignments, compensation, hours of employment and conditions.
The Executive Secretary- Treasurer shall have the authority to appoint, hire discipline,
suspend, promote or terminate Council representatives and organizers, subject to the
approval of the Executive Committee by majority vote.
The Executive Secretary - Treasurer shall determine the number of Business
Representatives, to be elected by the rank and file in a one member one vote election by
the affiliated Local Unions of the Council. He or she shall have the authority to appoint
additional Business Representatives to any Local Union if the need for such arises. Elections
of Business representatives shall be in accordance with the Constitution of the United
Brotherhood, the Consent Decree entered in United States v. District Council et al., 90 civ.
5722, and State and Federal Laws.
All officers, Business Representatives, and assistant Business Representatives, at the
expiration of their term of office, when removed or suspended, or when their offices are
declared vacant, shall deliver to their successors all books, papers, moneys, and other
property in their possession belonging to the District Council and they shall not be relieved
from their bonds or obligations until this provision is complied with. A financial officer shall
be entitled to have an audit made of his or her financial books and records before turning
them over to his or her successor. In the event an audit is not made in accordance with the
foregoing, a financial officer succeeding to office shall be entitled to have an audit made of
his or her predecessor's financial records. Delivery of financial books and records to the
Trustees or auditor selected by the District Council shall constitute compliance with this
Section. The cost of such audits is to be borne by the District Council.
(B) The Executive Secretary-Treasurer, by virtue of his or her office, shall automatically be
deemed as a Delegate from the Council to the conventions or meetings of the United
Brotherhood, State Building and Construction Trades Councils Labor Federations, and or any
other organizations, conferences or meeting in which the Council may participate or become
affiliated.
The Executive Secretary-Treasurer or his designee shall be chairman of all negotiating
committees
The Executive Secretary-Treasurer shall serve as a trustee on any and all trust funds
including but not limited to, health and welfare, pension, labor-management and Joint
apprenticeship and training funds
The Executive Secretary-Treasurer shall review with the Executive Committee all minutes of
any trust funds meeting and answer all questions put to him regarding such minutes, with a
copy of same to remain at the office of the Council.
The Executive Secretary-Treasurer shall notify each Local Union by mail, no later than April
15th. of the year of each general election of Local Union Delegates to this Council, the
correct number of Delegates each Local Union is entitled to have elected
The Local Union shall notify the Executive Secretary-Treasurer. by certified mail, of the
names of the elected Delegates within thirty (30) days of the election. It is compulsory that
the Executive Secretary-Treasurer of the Council notify (delete the following: these
Delegates by mail that nominations and elections of the Council Officers and the Executive
Committee will be held. at the regular Council meeting in August And add in its place the
following:) the membership by mail of the nominations and election of the Council officers
and the Executive Committee. Nominations and Elections will take place at a location chosen
upon the recommendation of the Election Committee, and passed by the Delegate Body This
election is to be a one member, one vote, rank and file election and shall be consistent with
the approved election rules of the New York City and Vicinity District Council of Carpenters
These By-Laws herein adopt said Election Rules.
The Executive Secretary-Treasurer shall keep a record of each meeting, keep all documents
and correspondence, issue all calls for a special meeting, keep a record of all charges, trials
and fines, take charge of the seal of the Council and affix same to all official documents,
sign all legal orders, keep a correct account between the Council and shall hold in his or her
possession a sum of money not to exceed $10,000.00 for contingent expenses He or she
shall issue quarterly work cards to the affiliated Local Unions
The Executive Secretary-Treasurer shall take charge of all the ballots cast in any election of
the Council and shall preserve said ballots and other records relating to the election for a
period of one year after the election date
The Executive Secretary-Treasurer may delegate any of his authority to a representative of
this Council when he deems it necessary
DUTIES OF THE WARDEN AND CONDUCTOR Section 13
The Warden shall take charge of the door at all meetings of the Council and allow no one to
enter except those who are entitled to do so. The Warden shall take charge of the Delegate
sign in sheets and hand them over to the Executive Secretary- Treasurer after all meetings
of the Delegate Body. The Conductor takes up the password at all meetings.
TRUSTEES (AUDITING AND FINANCIAL) Section 14.
The Trustees shall have supervision of all funds and properties of the Council subject to
such instructions from the Executive Committee as they may receive from time to time. The
title to all property of the Council shall be held in the names of the Trustees of the Council
and / or their successors in office. The Trustees shall audit all books and accounts of the
Executive Secretary-Treasurer at least monthly and report their findings to the Delegate
Body and perform such other duties as the Council may require. The Trustees shall audit all
receipts and accounts of any other person authorized to collect funds. The Council shall
engage a certified or registered public accountant for periodic audits, but not less than once
a year, and such audits shall be done in accordance with generally accepted accounting
principles and procedures and examined by the Trustees for comparison with the Trustees’
audit who shall report their conclusions in writing to the Delegate Body
HIRING HALL OR JOB REFERRAL SYSTEM Section 15.
(A) The Executive Committee shall adopt, and all workers shall be governed by, uniform
rules and I or procedures consistent with the Consent Decree entered in United States v.
District Council, et al., 90 civ. 5722, for the registration and / or referral to employment of
unemployed workers. Workers shall have employment mobility throughout the territorial
jurisdiction of the Council.
(B) The referral of all workers to jobs shall be performed by the Executive Secretary-
Treasurer The Executive Secretary- Treasurer shall maintain records of all worker
registration and referrals may be reviewed by any member upon reasonable request
(C) Off-hour and emergency job dispatch by Local Unions shall be done in accordance with
the out-of-work list referral rules
APPOINTMENT OF STEWARDS Section 16.
In order to better service the contractor base, to better provide work opportunities for our
rank and file members, to maintain and protect our benefit funds and various other funds
contributions, and to protect and maintain our jurisdiction for our trade, each Local Union
must have the authority to send shop stewards from their home locals.
(A) Before a member can be appointed as a steward he or she must have completed the
following training:
Carpenters LU 20. 45. 157. 608. 926. & DockBuilders
1. UBC Construction Steward Training Class
2. 10-hour Construction Safety Course (OSHA)
3. First Aid Certified
4. CPR Certified
5. Sexual Harassment Prevention Course
6. Hazardous Communication (MSDS)
7. Hilti/Ramset Powder Tool activated certified
8. Certificate of Fitness Bureau of Fire Prevention NYC Fire Dept.
9. Laser Safety (NYS DOL)
10. District Council Work Session and I.D. Process
Floor Coverers. Timbermen. and Cabinet Makers
1. UBC Construction Steward training Class 2. 10- Hour Construction Safety Course (OSHA)
3. First Aid Certified 4. CPR Certified 5. Sexual Harassment Prevention Course 6. Hazardous
Communication (MSDS) 7. District Council Work Session and ID Process
Mill Wright
1. UBC Construction Steward Training Class 2. 10-Hour Construction safety Course (OSHA)
3. First Aid Certified 4. CPR Certified 5. Sexual Harassment Prevention Course 6. Laser
safety (NYS DOL) 7. Hazardous Communication (MSDS) 8. District Council Work Session
and ID. Process
(B) Stewards are charged with the responsibility to ensure that the General Constitution,
these District Council By-Laws. Working Rules, and provisions of the collective bargaining
agreements are enforced.
(C) The duties of a steward shall be as follows:
He or she shall see to it that only members in good standing and having dues receipts (work
card or dues book) and photo identification are permitted to work He or she shall promptly
ascertain and report to the Council, in writing, truthfully setting forth the name of every
person on the job and each day of the week. Noting the hours worked and he or she shall
report such additional facts as the Council may from time to time require. He or she shall
see to it that all union conditions are complied with and shall forthwith report all violations
to the Council. For failure to discharge the duties imposed on him or her by this Section,
namely, checking on the good standing of every member, sending in regular shop reports to
the District Council, tolerating abuses and or violations of the Agreement, he or she shall be
removed forthwith front the job as steward. In the event that a steward is to leave his or
her shop or job and start work for another employer he or she is to notify the District
Council immediately.
(D) On each and every job, there shall be a job steward appointed by the Union from the
out- of- work list
(E) All shop and job stewards must attend not less than 75% of all Local Union meetings
and shall attend all steward meetings as a condition to maintaining their credentials. These
stewards meetings shall be called by the Business Manager / Executive Secretary-Treasurer
at his or her discretion and shall act as a forum and means of instruction on picketing,
organizing, the District Council By-Laws, the trade Agreement and the General Constitution
of the United Brotherhood.
(F) All training shall be made available to all members in good standing.
COLLECTIVE BARGAINING Section 17
The Executive Committee shall have the exclusive power and authority to negotiate, the
Delegate Body to consider and finally approve, and the Executive Secretary-Treasurer to
execute Collective Bargaining Agreements for and on behalf of its affiliated Local Unions and
as per the Constitution of the United Brotherhood. (THE FOLLOWING IS TO BE DELETED)
except to the extent the International Union exercises its jurisdiction or authority.)
TRUST FUNDS Section 18.
The Delegate Body shall have the power and authority to appoint and remove
representatives for and on behalf of its Local Unions to act as Trustees for all negotiated
Employer / Union Trust Funds including, but not limited to, Health and Welfare, Pension.
Labor-Management Cooperation Committee, Vacation, Savings and Holiday Plan and
Apprenticeship, and to determine all allocations from negotiated total wage amounts to such
negotiated Trust Funds.
INITIATION FEES Section 19.
The initiation fee(s) in this Council shall be in accordance with the Constitution of the United
Brotherhood. The Initiation Fee for apprentices shall also be in accordance with the
Constitution of the United Brotherhood. Where an ex-member has violated any of the Rules
and Laws of this Council and has been tried and found guilty of same and where a fine has
been imposed, such fine must be paid before initiation.
WORKING CARDS Section 20.
The Council shall have the power to issue quarterly working cards to the Local Unions for
each member of the United Brotherhood on the Local Unions books. No member shall be
entitled to receive a working card from a Local Union unless all arrearages for dues, fines,
and assessments are paid in full.
WORKING DUES (DUES CHECK-OFF), SPECIAL ASSESSMENTS AND PER CAPITA TAX
Section 21
(A) The Council shall receive working assessments in the amount of 1% of the members
total package rate as reflected in the current collective bargaining agreement covering the
members for each hour worked The working dues to this council shall be due on the first
day of the month and must be paid to the Council not later than the 15th day of the
following month.
(B) In case of a deficit in the funds of the Council, the Council may levy a special
assessment on each Local Union based on the number of members in the Local The Council
must give 30 days written notice to the Delegates and the principle office of each Local
Union prior to such special assessment and shall require a majority vote by secret ballot of
the Delegates to the Council at a Special Convention to adopt this special assessment which
must be approved by the first General Vice-President. The Executive Secretary-Treasurer
shall notify all Local Unions that said assessment must be paid within 60 days from the time
of approval
(C) The council may establish monthly dues or increase working dues payable to the Council
by a majority vote of the Delegates voting at a Special Convention of the Council held upon
not less than 30 days’ written notice to the principle office of each Local.
(D) If a member who owes working dues fails to pay them as provided by these By-Laws,
such working dues shall be charged to the member by notice in writing that same must be
paid within 30 days to entitle the member to any privilege, rights or donations If the
member does not make payment of arrears within the time prescribed, the member shall
not be in good standing and he or she shall be notified in writing that unless the amount
owing is paid within 30 days thereafter his or her name shall be stricken from the
membership. Notices shall be sent to the last known address of the member reported to the
Local Union.
(E) For any quarter in which less than 90% of a Local Union’s membership have not signed
authorization cards providing that working dues will be paid to the Council, per capita tax in
the amount of $ (fill in the amount) shall be payable by such Local Union to the Council
based on the number of non-participating members.
(F) The Council may impose a per capita tax on each Local in the amount of $5.00 per
member. The Council may increase the amount of the per capita tax by majority vote of the
Delegates voting at a special convention held by the Council upon not less than thirty days’
written notice to the principle office of each local union.
(G) It shall be mandatory that each active member provide at least 1 day and/or 7 hours of
Union activity (picketing etc. ) per calendar year when called upon by the New York City
District Council of Carpenters... any assessment, fine or penalty for failure to perform such
activity...shall be used to defray the expenses of organizing and shall not be used for any
other purpose. UBC Constitution provides: Any member found guilty of violating the BY-
Laws may be fined an amount not in excess of three hundred ($300) dollars.
MONTHLY DUES Section 22.
The monthly Dues payable to the Local Unions in this Council shall be established by the
Local Unions and must be adequate to enable the Local Union to operate in an efficient,
proper and solvent manner in the service aid best interests of its membership.
Monthly dues payable by the members to the Local Unions shall not be increased except
upon the approval by majority vote by secret ballot of the members in good standing voting
at a general or special membership meeting after reasonable notice or by majority vote of
the members in good standing in a membership referendum conducted by secret ballot. In
addition, monthly dues payable to Local Unions must be approved by the Council
Each Local Union shall furnish the Council with a correct monthly report of all members as
indicated by the International per capita sheet
All members of the United Brotherhood working within the jurisdiction of the New York City
District Council and its affiliated Local Unions must carry the work card of the current
quarter and shall be in possession of same no later than the fifteenth (15th.) day of the first
month of the quarter. Members who fail to comply with this Section shall be subject to
removal from the shop or job under the terms of the collective bargaining agreement there
applicable.
All members of local unions not affiliated with the New York City District Council of
Carpenters shall be required to obtain a work permit at the District Council office before
starting work
DELINQUENT LOCAL UNIONS Section 23.
A Local Union owing per capita tax for two months and the same not being paid by the end
of the third month, such Local Union Delegates shall not have a vote or voice in the Council.
When a Local Union owes a sum equal to three months per capita tax to the Council, its
Delegates will not be entitled to a seat in that body nor shall the members of the delinquent
Local Union be entitled to the work card of the Council.
MEETING NIGHTS Section 24.
The Delegate Body and the Executive Committee shall conduct formal meetings at least
monthly and sooner if necessary to carry out the duties and responsibilities imposed by
these By-Laws The regular meetings of this Council shall be held on the second (2nd.)
Wednesday of each month, and no business shall be transacted after 11.00 P.M. unless by a
majority vote of the Delegates present immediately after reading of the minutes. Special
meetings may be called by the President and Executive Secretary-Treasurer upon written
request of three Local Unions and the nature of the business shall be stated and no other
business shall be transacted except that for which the meeting is called. The Executive
Secretary-Treasurer shall notify each Delegate of the Council in advance to attend the
meeting. A quorum shall consist of a majority of all the Delegates.
Section 25. All meetings of the Delegate Body and the Executive Committee shall be in
executive session. Minutes of all Council meetings shall be taken and promptly distributed to
each Delegate and the Local Unions. Members may receive copies of minutes upon request
The Fiscal year for this Council shall be July 1st. to June 30th. All accounts shall be audited
and a complete financial report for the fiscal year be brought forth by the Trustees no later
than ninety days following the close of the fiscal year. Members may receive copies of
report upon request
OFFICERS BOND Section 26.
Every officer, agent or employee of the Council who handles funds and property thereof
shall be bonded through the General office for the faithful discharge of their duties.
SPECIAL DISPENSATION Section 27
The Executive Committee may require the personal appearance of the applicant before said
Committee prior to the granting of special dispensation.
CHARGES AND TRIALS Section 28.
(A) The charges and trail procedures shall be set forth in the Constitution of the United
Brotherhood. Any officer or member who shall be found guilty of improper conduct, or who
wrongs a member or defrauds him, or who commits an offense discreditable to the United
Brotherhood shall be fined, suspended or expelled.
(B) There shall be a Trial Committee of eleven members of the District Council. They shall
try all charges of violation by officers or members of Local Unions, of the Constitution of the
United Brotherhood, By-Laws and Trade rules of this Council that may be submitted to
them. The conduct of all trials in the District Council shall be governed by Section 56 of the
Constitution of the United Brotherhood. and in accordance with the requirements of the
State and Federal Government In the event the Trial Committees members cannot fill the
quota of trial members needed, the Executive Secretary-Treasurer may draw upon
members of affiliated Local Unions.
(C) All charges must be signed by the members making the charges. If the Section of the
Constitution, By-Laws, and or Trade Rules violated has more than one provision, the
charges shall state the provision or the provisions violated and the time and place of
violation. The names and address of the witnesses must accompany the charges.
(D) On the Presentation of charges, the Trial Committee shall forward to the accused a copy
of the charges and notify him or her to appear to answer said charges on the date specified
by the summons. The charges, summons to appear, notice of trial, or any other notice may
be served by registered mail, certified mail or personally. The trial must be held not less
than fifteen (15) days nor more than ninety (90) days after the mailing of the charges.
(E) Any member that is party to the charges notified by the Trial Committee, who fails to
appear and testify, shall be held in contempt, and shall be fined not less than fifty dollars
($50.00) nor more than one Hundred dollars ($100.00) for each offense unless a reasonable
excuse is presented and excepted by the Trial Committee.
(F) All fines must be paid within thirty (30) days after notice personally served, or by
registered or certified mail to the accused of the decision of the Delegates to the District
Council on the report of the Trial Committee.
(G) All fines imposed by the Delegates to the District Council must be charged against the
member by the Financial Secretary of the Local Union to which the in member belongs and
when collected must be transmitted to the Executive Secretary-Treasurer of the Council no
later than ten (10) days thereafter. A Financial Secretary failing to comply with this Section
shall be fined the sum of fifty dollars ($50.00).
(H) Any member who has been found guilty of a charged violation under Section 52 of the
Constitution of the United Brotherhood may file an appeal with die General Secretary-
Treasurer in accordance with Section 53 of the Constitution of the United Brotherhood.
MISDEMEANORS AND PENALTIES Section 29.
Any Local union officer or member thereof who publishes or has published, in any form, any
of the business of the District Council or any member who shall make known to any person
or persons not entitled to knowledge thereof, any of the business of this District Council,
shall be judged and tried as provided for in these By-Laws, and upon conviction shall be
expelled. The matter referred to above shall be taken up and discussed at regular meetings
of the Local Unions or the District Council.
Any officer or member who shall be guilty of improper conduct, or who wrongs a member or
defrauds him, or who slanders a member or officer of the District Council, or who commits
an offense discreditable to the United Brotherhood shall be fined, suspended, or expelled.
REPRESENTATIVES AND ORGANIZERS Section 30.
All Representatives and Organizers working in the jurisdiction of the Council shall be
employed by and placed under the supervision and direction of the Council pursuant to the
plenary power of the Delegate Body. No Representative or Organizer shall have authority to
act as such until he or she receives the proper credentials from the Council through the
Executive Secretary-Treasurer.
Any member who represents himself or herself as a representative or any member acting as
such and not having received credentials from the Council, or a Business Representative
whose credentials have been canceled and who represents himself or herself as a
Representative of this Council or any Local Union, shall for the first offense, after having
been tried and found Guilty, be fined the sum of five hundred dollars ($500.00) and for the
second offense, if found guilty shall be expelled from the United Brotherhood.
APPRENTICES Section 31.
Apprentices shall be admitted to membership in accordance with the Constitution of the
United Brotherhood and applicable State and Federal laws. It shall be the Duty of the
Financial Secretary of the Local Union to have the apprentice submit his or her birth
certificate when he or she is making application for membership and see that such
certificate shall be read by the presiding officer before the apprentice is initiated.
FURTHER OBJECTIVES Section 32
The Council shall have the authority to organize and operate a special Political Action
Committee for the purpose of political objectives including, but not limited to, public
relations, political activities and contributions and furtherance of legislation.
LAWSUITS AGAINST THE COUNCIL Section 33.
No member fined, suspended or expelled by action of the Council shall file any lawsuit
against the Council, its officers or Representatives or its affiliated Local Unions without first
exhausting all appeal remedies provided for in these By-Laws and Constitution of the United
Brotherhood
AMENDMENTS Section 34.
(A) Any amendments to these By-Laws must be accomplished by a two-thirds vote of the
Delegate Body at a Special Meeting
(B) Proposed amendments may be submitted in writing by three (3) Local Unions with the
seal affixed provided that a Resolutions Committee has reviewed and approved the
resolution as to its legality in accordance with the Constitution of the United Brotherhood
and the applicable Collective Bargaining Agreement, and State and Federal Laws.
(C) All amendments to the By-Laws or Trade Rules of this Council or any of the Local Unions
shall first be referred to the Executive Committee for Consideration and recommendation,
and then referred to a By-Laws subcommittee, pending approval by the Delegate body and
in accordance with Section 11B of the Constitution of the United Brotherhood, the proposed
changes must be submitted to the First General Vice-President for approval. Any notice
required pursuant to Paragraph 12 of the Consent decree entered in United States v District
council et al., 90 civ. 5722, shall be given by the Executive Committee before any
amendment is submitted to the Delegate Body.
SEVERABILITY Section 35.
If any Section or part of these By-Laws shall be held invalid by operation of law or by any
tribunal of competent jurisdiction. the remaining Sections of these By-Laws shall not be
affected thereby and shall remain in full force and effect
LOCAL UNION BY-LAWS Section 36.
By-Laws of Local Unions must be submitted to the Council for approval All By-laws of Local
Unions that are inconsistent with these By-Laws are superseded.
OFFICE OF EXECUTIVE SECRETARY- TREASURER EMERITUS Section 37.
The office of Executive Secretary-Treasurer Emeritus shall be bestowed upon a former
Executive Secretary-Treasurer of this District Council who shall have served in such capacity
for ten (10) years or more, and to whom such honor has been conferred upon by a majority
vote of the Delegate Body. There shall be no more that: one (1)) Executive Secretary -
Treasurer Emeritus at any one time, and he or she shall serve for the duration of his or her
lifetime or until such time as he or she may voluntarily relinquish his or her office. The
Executive Secretary- Treasurer Emeritus shall receive no salary but shall receive such other
emoluments as have been unanimously approved by the Delegates of the District Council.
The Executive Secretary-Treasurer Emeritus shall be a permanent Delegate to the District
Council with a voice but no vote, and shall serve in an advisory capacity to the District
Council and its delegates.
DISTRICT COUNCIL HEADQUARTERS Section 38.
The office and headquarters of the District Council shall not be used for any purpose other
than the business of the District Council. The Council shall not be liable or responsible for
any expense pertaining to day rooms.
TRADE RULES TO GOVERN ALL MEMBERS WORKING UNDER THIS JURISDICTION
ARTICLE 1 Hours
The hours constituting a day’s work shall be determined by the collective bargaining
agreements. A provision for a one half (1/2) hour lunch period shall be included in all such
agreements, as will a one half (1/2) hour dinner period when the hours of work demand If
overtime work is to be performed such as. after hours, contractual holidays. Saturdays or
Sundays the applicable overtime rate shall be paid and permission must be attained from
the District council before any overtime is performed Under no conditions shall work be
performed on Labor day. Holidays occurring on a Sunday shall be observed on the Monday
next following. Holidays occurring on a Saturday shall be treated as though it were a
working week day. Wages paid on work performed on a paid holiday shall be in accordance
with the Collective Bargaining agreement. Holidays shall be observed in accordance with
current Federal and State Laws and the applicable current collective bargaining agreements.
ARTICLE 2 Transportation
Where, for the benefit of an employer. a member must cross a body of water in order to
reach the job site. and where there is no public transportation to said site, then it shall be
the duty of the contractor to provide adequate safety and comfort for the member’s
transportation. The employer shall cover such members under a policy of Public Liability
Insurance, the certificate of which shall be posted in a conspicuous place on any conveyance
used by the employer. Should such transportation whether private or public require
extraordinary fare, such fare shall be paid by the contractor.
ARTICLE 3 Lumping
It will be a violation of the Trade Rules for a member to lump work, or to sub-contract or
work on a lob where a lumping condition exists. A member may contract work for an owner
of a premises provided said owner is not a builder. contractor or real estate speculator,
architect, or tenant and provided that the member furnishes the materials to be used.
Further, such member must sign a current collective bargaining agreement with the District
Council. The Executive Committee shall investigate charges of violating this article and if it
determines that there has been a violation shall refer the case to the District Council for due
process under the Laws of the United Brotherhood. Penalties upon conviction may range
from fines to expulsion in relation to the seriousness of the offense.
ARTICLE 4 Wages
1. No member shall accept wages less that: that set as a result of the collective bargaining
process between the employers or employer associations and the District Council. Wages
shall be paid during working hours not later than 3:30 P.M. on a specific weekday set by the
employer. Payment of wages shall be made on the job 3ite or in the shop of the employer
not later than 3:30 P.M. and if necessary the member shall be allotted sufficient time to
return to the shop or office of an employer to receive his or her pay. Not more than three
(3) days pay shall be withheld by an employer for book keeping or other reasons. Wages
shall be paid in cash, placed in envelopes upon the outside of which shall be plainly marked
the employer’s name and address, the member’s name, and pay number, if any, his social
security number, the number of hours worked, any deductions made for whatever reason,
and the net amount of wages enclosed. Payment may also be made by check either through
union permission or according to the terms of the collective bargaining agreement Should a
member be required to wait for his or her pay after the hours specified above, then in
addition he or she shall receive double time for the first two hours of waiting and single time
for any additional waiting time. However, such waiting time shall not exceed fourteen (14)
hours. A member wishing to make claim for waiting time shall be required to show proof
that he or she was actually present on the job during the waiting time claimed. Any member
who is aware of the violation of any of the rules it: reference to wages shall immediately
notify the District Council. Upon timely notification the District Council shall proceed to
collect the moneys due the member. A member who fails to report such violation to the
District Council within forty-eight (48) hours shall forfeit his claim. Forfeiture of claim is to
be strictly enforced by the District Council.
2. Members required to report at the shop in the morning in order to pick up labor or
material, or members engaged in constructing miter boxes, saw benches. filing of saws or
sharpening of tools, must confine their activities to the regular work hours, that is, 8 A.M. to
5 P.M. or according to the appropriate collective bargaining agreement The member shall
not engage in any of the above mentioned activities nor shall he or she move tools from one
job site to another site during the lunch period. When, for the benefit of an employer, a
member is required to work outside the jurisdiction of his or her own District Council, then
the member shall conform to the Trade Rules of the District or Region where he or she is
employed and he or she shall receive the negotiated wage scale of the New York City
District Council plus expenses.
ARTICLE 5 Apprentices
1. A member shall commence his apprenticeship it: accordance with the Constitution and
Laws of the United Brotherhood and applicable State and Federal laws. The number of
apprentices to be assigned to a journeyman shall be set by the Executive Committee of the
District Council in the absence of a negotiated clause in the collective bargaining
agreement..
ARTICLE 6 Working Conditions
1. No member of this organization shall furnish benches, clamps, handscrews, power tools,
or any other special equipment for the use of the employer, nor shall they move benches or
other equipment into or out of any shop. 2. No foreperson shall allow or permit others that:
members of the United Brotherhood to do any work that falls under the jurisdiction of the
United Brotherhood. 3. All members who work at the trade shall use reasonable precaution
for the safety of their own tools. They shall provide themselves with a tool box containing a
suitable lock At the end of each day the member shall have locked his or her tool box and
placed them in a suitable locker, to be provided by the employer. 4. A member shall notify
the District Council of loss of tools or clothing caused by fire or theft Notice shall consist of a
written notarized affidavit listing the tools or clothing and cost of same. Such notification
must be given within forty-eight (48) hours after the loss. Failure to give such timely notice
will cause the member to forfeit the protection of the District Council. A member shall
become personally responsible for the safety of his or her tools forty-eight (48) hours after
any lay-off in the absence of re-hiring.
5. When a claim has been duly made, the District Council shall forward the information to
the Business Representative in the appropriate area. The Business Representative shall
investigate the facts and if he or she ascertains that the claim is valid, he or she shall use
the power of the organization to collect same.
The allowance for tools and clothing shall be as fixed by the collective bargaining
agreement.
6. Overtime work shall be performed only after permission has been granted by the District
Council. Members may not work overtime either in evenings. Saturdays. Sundays or
holidays for any employer other than the regular employer. If additional workers are
required after the regular workers have been assigned to overtime work, then additional
workers must be supplied from the ranks of the unemployed or according to the applicable
collective bargaining agreement and or Past practice.
7. Any officer or member who is guilty of improper conduct, or who wrongs. defrauds, or
slanders a fellow member or officer who acts in a manner discreditable to the United
Brotherhood member shall be liable to, removal from office, fine, suspension or expulsion.
8. A member guilty of returning or rebating any part of his wages to his employer or an
agent of his employer shall suffer the penalty of expulsion from the Brotherhood. A member
shall not accept less than minimum rate of wages as agreed upon between the employer
and the District Council through the regular collective bargaining process. A member found
guilty of violating this section shall be fined for the first offense in an amount fixed by the
Delegates to the District Council and for the second offense, he or she shall be expelled and
forever debarred from the membership in the Brotherhood.
9. Any member obstructing a business representative in the lawful discharge of his or her
duties or who willfully violates a lawful strike shall be subject to charges and penalties by
the District Council.
10. Any member-foreperson who shall unlawfully ask for or receive any money from a
member shall be subject to charges and penalties of the District Council.
11. The commencement of a job either on the outside or in a shop, shall be immediately
reported to the District Council and the proper Local Union by telephone by the first member
on said job. Such member shall act as job steward until the business representative for that
area appoints a certified job steward. If necessary, the business representative may appoint
more than one job steward. No member shall refuse to serve as job steward whet: so
appointed by the business representative.
12. The full protection of this organization shall be afforded to any job steward in the proper
performance of his or her duties or when there is evidence of discrimination against him or
her because of his or her position as a job steward. In such case the Council shall make a
proper investigation of all the facts
13. Refusal by a member to show his or her work card and or his or her most recent record
of wages and benefits when called upon to do so by the business representative or job
steward shall subject such member to charges and penalties.
14. Where a business representative is authorized to call a strike and in fact does so. he
shall take the names and Local Union numbers of each member ordered to strike.
15. Picketing shall be permitted only upon approval by the District Council.
16. All matters presented to this Council for action shall be in writing, signed by the
applicant.
17. Any member charged, tried and found guilty of violating any of the foregoing Laws or
Trade Rules, shall be fined a sum fixed by the District Council Delegate Body or such other
penalty as the District Council may decide.
18. All requirements in these Trade Rules which are placed upon due employers are
negotiated requirements and are part of the local agreements of record.
RULES OF ORDER To Govern Delegates Seated in the District Council
1. Delegates desiring to speak shall rise and address the Chair; upon recognition by the
presiding officer they shall be allowed to proceed.
2. No delegate shall speak more than once upon any question, until all others have spoken
who so desire, nor more than twice without unanimous consent of the delegates present
and then only at the discretion of the presiding officer.
3. No delegate shall be allowed to speak more than five (5) minutes upon any question,
except by unanimous consent of the delegates present, and then only at the discretion of
the presiding officer.
4. Should he desire the floor, the maker of a motion or a resolution shall be recognized first
by the presiding officer immediately after the question is put
5. Any delegate refusing to come to order after being called twice by the chairman, shall be
suspended for the balance of the meeting from voice or vote, after being called to order a
third time by the chairman the delegate shall leave the root:: or be removed from the room
for the remainder of the meeting. Charges may be filed against said delegate if the call for it
is just
The Parliamentary Rules as set forth in the Constitution of the United Brotherhood and
thereafter Robert’s Rules of order shall govern all meetings of the District Council Delegate
Body as well as meetings of the Executive committee.
DISTRICT COUNCIL FOR NEW YORK CITY AND VICINITY, UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA, AFL-CIO 395 Hudson Street New York, New York
10014 Telephone (212) 366-7500