ALLIED BUILDING INSPECTORS
Section 1a. The Constitutional Officers of this Local Union shall consist of the following: The President-Business Manager; Vice President; Recording-Corresponding Secretary; Financial Secretary; Treasurer; and three (3) Trustees. Officers of the Local may not seek, be elected to or hold more than two (2) offices in the Local Union, and any two (2) offices may be combined and be held by one person, except that the offices of Financial Secretary and Treasurer shall not be combined or be held by the same person.
Section 1b. In addition, the Local shall elect three (3) Auditors, a Conductor, a Guard; and may elect up to three (3) Executive Vice Presidents and Delegates (other than delegates to the General Convention and to State, Interstate or Provincial Organizations) as it deems advisable and consistent with applicable law.
Section 2. The term of all elective officers shall be for a period of three (3) years, except that when and if permitted by applicable law, the terms of Local Union office may be a period of four (4) years.
Section 3. Because of the special burdens and heavy responsibilities imposed on the President-Business Manager of a Local Union, no member shall be eligible for election, or be elected, or hold the office of the President-Business Manager unless he/she shall have been a member continuously in good standing in the Local Union electing him/her for a period of two (2) years preceding the month of nominations, in addition to fulfilling any other qualifications for Local Union office. No member shall be eligible for election, or be elected, or hold any other office unless he/she shall have been a member continuously in good standing in the Local Union electing him/her for a period of one (1) year preceding the month of nominations; and provided that no member shall be eligible for election, be elected, or hold office unless he/she shall also have been a member of the organization for two (2) years immediately prior to the month of nominations.
Section 4. The nominations of candidates for Local Union officer shall be made at the June regular meeting, prior to the election. Within five (5) days after the nominations have been concluded, the Recording-Corresponding Secretary of the Local Union shall mail to each member nominated, at his/her last known home address, notice of his/her nomination and of the office to which he/she has been nominated, and shall read or cause to be read the name of each nominee and identify the office to which such nominee seeks election at each regularly scheduled Local Union membership meeting held after receipt of the nominees written acceptance of nomination. Each nominee shall also have filed a written acceptance of his/her nomination to Local Union office with the Recording-Corresponding Secretary which acceptance must be received by the Recording-Corresponding Secretary within ten (10) days of the date after having been notified by the Recording-Corresponding Secretary of his/her nomination to Local Union office and, in addition, shall have been in regular attendance at all regularly scheduled Local Union membership meetings after nominations and
before elections, subject, however, to a reasonable excuse based upon good cause such as physical incapacity or death in family.
No member shall be eligible for election, be elected nor hold office who has not during the year, and in the case of one seeking the office of President-Business Manager two (2) years, immediately prior to the month of nominations, been continuously employed at the trade, or who has not actively sought continuous employment at the trade. This restriction, however, shall not apply to any member employed by or working for a Local Union or the International Union, or who has been assigned by his/her
Local Union or the International Union to perform work in furtherance of the interests of organized labor, in either case in a sufficiently time-consuming capacity so as to preclude meeting the requirement of continuous employment at the trade or active seeking of continuous employment at the trade.
If no member fulfills the foregoing conditions of eligibility for a particular office, any member currently in good standing in the Local Union, and otherwise eligible, shall, upon being nominated, be eligible to be elected to, and to hold, that office.
Notwithstanding any other provision of these By-Laws, no retired member shall be eligible for election, be elected nor hold office in any Local Union, as such term "retired member" is interpreted under the International Constitution. This restriction does not prohibit or preclude the Local Union from naming any officer as "Emeritus" or from using the peculiar talents of a given retired individual for the best interests and advancement of the Local Union.
No member shall be eligible for election, be elected nor hold office, who engages in the conduct prohibited by Section VI(A) of the Union of Operating Engineers' Code of Ethics.
In the event of the death, between nomination and the time of the last meeting preceding the election, of any constitutional officer who has been nominated to office in the forthcoming election, any member of the Local Union, who is otherwise eligible, shall be eligible to be nominated and, upon his/her filing with the Recording-Corresponding Secretary of his/her acceptance of such nomination, shall be eligible to be elected to, and if elected, to hold the office to which the deceased nominee had been nominated. If the death occurs after the last meeting preceding the election, nomination shall be effected by filing a statement of candidacy with the Recording-Corresponding Secretary prior to the election, but in no event more than five (5) days after the deceased nominee's death.
Section 5. The election of officers of the Local Union shall be held in the month of August, and the nomination shall be made at the June regular meeting prior to the election. The installation of newly elected officers shall take place at the first regular meeting in September after the election, unless an earlier installation is directed by the General President of the International Union. On the date of the election,the election shall be held through referendum conducted by mail. The election shall be conducted by secret ballot. Officers shall be elected by a plurality of votes cast, except that the three (3) candidates receiving the highest number of votes for the office of Trustee and the position of Auditor shall be elected. Adequate safeguards to insure a fair election shall be provided by the Local Union, in accordance with the International Constitution, applicable law, and such rules and regulations as my be promulgated by the General Executive Board.
No candidate (including a prospective candidate) for Local Union office, and no supporter of a candidate for Local Union office, may solicit or accept any direct or indirect financial support from any non-member of the International Union of Operating Engineers or from any foundation, corporation or other entity whose funds derived in whole or in part from any person not a member of the International Union.
Where all candidates duly nominated to Local Union elective office are unopposed for election, a Local Union may dispense with a secret ballot vote and, in such event, the Local Union may direct the Recording-Corresponding Secretary to cast one ballot for the nominees, who shall then be declared duly elected to their office. Where any single candidate is duly nominated to Local Union elective office, and he/she is unopposed for election to that office, a Local Union may dispense with a secret ballot vote for that office and, in such event, the Local Union need not place on the ballot the name of such candidate or the office to which he/she has been nominated, and may direct the Recording-Corresponding Secretary to cast one ballot for the nominee who shall then be declared duly elected to such office.
Section 6. A vacancy in any office of the Local Union shall be filled by appointment for the unexpired term thereof, upon vote of a majority of the following officers, VIZ: President-Business Manager, Vice President, Recording-Corresponding Secretary, Financial Secretary
and Treasurer. In the event the said officers shall fail to fill said vacancy within thirty (30) days after the same shall occur, then said position shall be filled by secret ballot vote of the majority of the membership in good standing present at the next regular meeting of the Local Union following the expiration of the said thirty (30) days. In order to fill a vacancy under this section, a member must, at the time of election, be in good standing with respect to payment of dues and meet the requirements contained in Section 5 of Article II of these By-Laws. The office of any officer who shall fail to discharge the duties of his/her office for four (4) successive meetings may be declared vacant by a majority vote of the membership in good standing. Any officer or representative of a Local Union may be removed after due trial, for causes provided in this Article, upon an affirmative vote of three-fourths of the membership in good standing in the same manner and form provided in the trial of members in these By-Laws.