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January 29, 2023

Endorsed Constitutional Amendments

A compilation of proposed constitutional amendments endorsed by the UFCW Meet the Moment team

Endorsed Constitutional Amendments

The following proposed Constitutional Amendments are endorsed by the UFCW Meet the Moment team. They were submitted to the UFCW International by UFCW 3000 on January 20,2023, in accordance with Article 16(G)1 of the UFCW International Constitution.

Summary Description of Amendments Endorsed:

  1. Requiring International leadership to have held office at a local: Proposed by UFCW 7R, UFCW 3000, UFCW 5
  2. Limit staff on the board to 20% of the total board members: Proposed by UFCW 7R, UFCW 3000, UFCW 5
  3. No full-time staff on the board, outside of the five EVP positions: Proposed by UFCW 7R, UFCW 3000, UFCW 5
  4. Increase the board to 65 members with 15 slots reserved for rank-and-file workers: Proposed by UFCW 7R, UFCW 3000, UFCW 5
  5. One member one vote for International Officers: Proposed by UFCW 7R, UFCW 3000, UFCW 5
  6. Per Capita role call voting at convention: Proposed by UFCW 7R, UFCW 324, UFCW 770, UFCW 3000, UFCW 5
  7. Only require strike sanctions for locals seeking strike benefit and eliminate and standardize the approval process: Proposed by UFCW 7R, UFCW 324, UFCW 770, UFCW 3000, UFCW 5
  8. Close the “Final Proposal” loophole in the strike sanction process: Proposed by UFCW 7R, UFCW 324, UFCW 770, UFCW 3000, UFCW 5
  9. Reduce strike sanction requirement from 2/3 majority to majority vote: Proposed by UFCW 7R, UFCW 324, UFCW 770, UFCW 3000, UFCW 5
  10. First day strike benefit: Proposed by UFCW 7R, UFCW 324, UFCW 770, UFCW 3000, UFCW 5
  11. Add strike benefits for first contracts: Proposed by UFCW 7R, UFCW 324, UFCW 770, UFCW 3000, UFCW 5
  12. Limitation on local union staff compensation: Proposed by UFCW 7R, UFCW 3000, UFCW 5
  13. Add constituency group representatives to the board: Proposed by UFCW 7R, UFCW 770, UFCW 3000, UFCW 5
  14. Appoint neutral arbitrator to the trustee process: Proposed by UFCW 7R, UFCW 3000, UFCW 5
  15. Fair delegate apportionment: Proposed by UFCW 7R, UFCW 324, UFCW 770, UFCW 3000, UFCW 5
  16. SPUR program funding: Proposed by UFCW 324, UFCW 770, UFCW 3000, UFCW 5
  17. Ensure spending on organizing: Proposed by UFCW 7R, UFCW 3000, UFCW 5

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Proposed Amendment #1

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 3000, LOCAL 7R, LOCAL 5
ARTICLE TO BE AMENDED: Article 17

DESCRIPTION OF AMENDMENT: Add new 17(A)4 requiring prior local union leadership to be eligible to hold an International Executive Committee office. Specifically, only active members who have served 36 or months as President or Secretary-Treasurer of a Local are eligible to hold office.

PROPOSED CHANGE: Add new subsection (A)4 with the following specific language:

Only active members who have held the office of President or Secretary-Treasurer for no less than 36 months of a chartered local union or in the chartered local union of a merged organization are eligible to hold the offices constituting the International Executive Committee.

Proposed Amendment #2

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 3000, LOCAL 7R, LOCAL 5
ARTICLE TO BE AMENDED: Article 12

DESCRIPTION OF AMENDMENT: Modify Article 12(C) to increase the requirement for non-staff Vice Presidents from 50% to 80%.

PROPOSED CHANGE: Article 12(C)

A minimum of 50 80 percent of the International Vice Presidents shall not be in the primary employment of theInternational Union. A minimum of three International officers from Canada elected pursuant to Article 7(A) shall not be in the primary employment of the International Union. The International officers from Canada shall be residents of Canada and members of Local Unions chartered in Canada and the International Vice Presidents shall be nominated by Canadian Local Unions and elected by a majority vote of the delegates representing Canadian Local Unions at the next regular International Convention. The International Executive Vice President or, alternatively, the International Vice President designated number one for purposes of nomination and election of International Vice Presidents in Canada andelected by the delegates representing the Canadian Local Unions shall be appointed National Director, and may also hold the title of National President.

Proposed Amendment #3

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 3000, LOCAL 7R, LOCAL 5
ARTICLE TO BE AMENDED: Article 12

DESCRIPTION OF AMENDMENT: Modify Article 12(C) to prohibit International Vice Presidents to be in the primary employment of the International Union.

PROPOSED CHANGE: Article 12(C)

A minimum of 50  percent of the International Vice Presidents shall not No International Vice President shall be in theprimary employment of the International Union. A minimum of three International officers from Canada elected pursuant to Article 7(A) shall not be in the primary employment of the International Union. The International officers from Canada shall be residents of Canada and members of Local Unions chartered in Canada and the International Vice Presidents shall be nominated by Canadian Local Unions and elected by a majority vote of the delegates representingCanadian Local Unions at the next regular International Convention. The International Executive Vice President or, alternatively, the International Vice President designated number one for purposes of nomination and election ofInternational Vice Presidents in Canada and elected by the delegates representing the Canadian Local Unions shall beappointed National Director, and may also hold the title of National President.

Proposed Amendment #4

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 3000, LOCAL 7R, LOCAL 5
ARTICLES TO BE AMENDED: Article 7 and Article 12

DESCRIPTION OF AMENDMENT: Modify Article 7(A) to increase number of International Vice Presidents from 50 to 65.  

PROPOSED CHANGE:

Modify Article 7(A):

The officers of this International Union shall constitute the International Executive Board and shall consist of an International President, International Secretary-Treasurer, three International Executive Vice Presidents to be listed in order of their seniority on the International Executive Committee, and 50 65 International Vice Presidents to be listed in order of their seniority on the International Executive Board. In the event of a reduction in the number of International Vice Presidents between regular International Conventions as the result of vacancies which the International Executive Board pursuant to its authority in Article 17(P) has not filled or in the event of an increase in the number of International Vice Presidents in said period as the result of additions which the International Executive Board pursuant to its authority in Article 8(A)2 has made, the number of International Vice Presidents elected at the next regular Convention shall be the number serving on December 31 of the year preceding the year in which the Convention occurs. The number of International officers from Canada elected at the next regular Convention shall be six or the number serving on December31 of the year preceding the year in which the Convention occurs, whichever is greater. If the Convention will commence in a month prior to July, the date for determining the number of International Vice Presidents, as applicable in thisparagraph, shall be September 30 of the year preceding the year in which the Convention occurs.

Add New Article 12(D):

Fifteen of the sixty-five Vice President positions shall be designated for and held by rank-and-file membership of local unions and/or chartered bodies. Rank-and-file membership shall be defined as members in good standing of a local union who work in represented industries and are not in the primary employment of the International Union or a Local Union. The Executive Board of each Local Union and/or Chartered Body shall nominate up to one (1) of its members for election as a “Rank-and File Vice President.” No local union or chartered body may be represented by more than one “Rank-and File Vice President” and no Region (for purposes of this provision, Canada shall be considered a Region) may have more than three “Rank-and-File Vice Presidents”. Any vacancies that occur in a Rank-and File Vice President position shall be governed by the provisions of Section 17(P) except that any nominee to fill a vacancy must be confirmed within thirty (30) days by the Executive Board of his or her local union and/or chartered body.”

Proposed Amendment #5

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 3000, LOCAL 7R, LOCAL 5
ARTICLE TO BE AMENDED: Article 17

DESCRIPTION OF AMENDMENT: Replace 17(C) with provision requiring direct election of International Officers by members in good standing and providing for mail ballot process consistent with DOL voting regulations.

PROPOSED CHANGE: Delete Current 17(C) and replace with:

The election of International officers shall be conducted by a direct vote of the full membership following nominations at the regular Convention. This election shall be a mail-in, secret ballot election, held in compliance with regulations of the Department of Labor, with each member in good standing being entitled to one vote. Nominations shall be held on the second day of the Convention. International Executive Vice Presidents and International Vice Presidents shall be numerically designated for nomination and election purposes only.

Proposed Amendment #6

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 3000, LOCAL 7R, LOCAL 770, LOCAL 324, LOCAL 5
ARTICLE TO BE AMENDED: Article 16

DESCRIPTION OF AMENDMENT: Modify 16(J) to allow for full per capita roll call voting, calculate per capita votes on 12 calendar month average active membership and reduce the percentage of seated delegates necessary to call for a per capita roll call vote of delegates.

PROPOSED CHANGE:

Modify Article 16(J)

The International Secretary-Treasurer shall prepare, for the use of the Convention, a list containing the number of votes to which each Local Union is entitled. For the purposes of a roll call per capita vote, this number shall be the full per capita membership number of each local calculated by averaging monthly active membership for the 12 calendar months ending with the next to last month prior to the month in which the Convention call is issued. Voting shall be by a voice, standing, or a per capita roll call vote of the delegates. A per capita roll call vote shall be conducted upon a motion of adelegate, concurred in by 30 20 percent of the seated delegates, or directed by the presiding officer if the presiding officer is in doubt as to the vote. When a per capita roll call vote is conducted, the International Secretary-Treasurer, in callingthe roll of the Local Unions, shall call out the Local Union’s number and the number of votes to which it is entitled,which shall be based on their full number of active members, except as otherwise specified in Article 17(H) of this Constitution, and the chairperson of each Local Union delegation shall announce the votes of the delegates of that Local Union. Any delegate may request the presiding officer to conduct a roll call of the delegates of the Local Union which the delegate represents. The presiding officer may also order a roll call if the presiding officer is in doubt as to the Local Union’s vote.

Proposed Amendment #7

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 3000, LOCAL 5, LOCAL 7R, LOCAL 770, LOCAL 324, LOCAL 5
ARTICLE TO BE AMENDED: Article 23

DESCRIPTION OF AMENDMENT: Locals seeking strike benefits from the International.

PROPOSED CHANGE:

Modify Article 23 (E) 1

Following approval of a strike or other economic action by the Local Union, the President of the Local Union shall request authorization from the International Executive Committee to strike or take other economic measures, and shall advise it of the action taken by the affected membership and the Local Union and submit all information required forstrike authorization as determined by the International President Constitution and as contained in this Article and, upon request, any other information deemed necessary for facilitating disposition of such request by the International President. No Local Union shall be eligible to receive International strike, lockout, or defense benefits engage in a strike or other economic measures without first receiving the authorization of the International Executive Committee and otherwise complying with the applicable provisions of this Article.

Modify Article 23(E) 2

In the event of a dispute concerning the interpretation, application, or enforcement of a collective bargaining contract, efforts shall be made by the Local Union to amicably adjust the dispute, pursuant to the provisions of the collective bargaining contract. No affected members participating in a strike or other economic action respecting the foregoing shall take place shall be eligible to receive International strike, lockout, or defense benefits without the approval of the Local Union and the authorization of the International Executive Committee, to whom a request for such approval must be directed, accompanied by all information required for strike authorization as determined by the International President and, upon request, any other information deemed necessary for facilitating disposition of such request.

Proposed Amendment #8

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 3000, LOCAL 7R, LOCAL 324, LOCAL 770, LOCAL 50, LOCAL 5
ARTICLE TO BE AMENDED: Article 23

DESCRIPTION OF AMENDMENT: Remove requirement that strike sanction be granted only if employer’s final proposal was basis for authorization vote.

PROPOSED CHANGE:

Modify Article 23 (D) 3

The A proposal judged by the President of the Local Union or negotiating committee to be the employer’s final proposalfor a collective bargaining contract or renewal of an existing contract shall may be submitted to the affected membership for its consideration at the discretion of the Local Union President. A majority vote of those present and voting shall benecessary to accept or reject the proposal. No proposal shall be deemed to be accepted by a Local Union unless it is submitted to the affected membership as described herein.

Modify Article 23 (D) 7

The affected membership, for purposes of voting on the proposal judged to be the employer’s final offer for a collective bargaining contract or contracts or renewal of an existing contract or contracts or on a proposal to strike or take othereconomic action, shall be either the affected membership in a single Local Union or in two or more Local Unions, asseparately determined by the President of each Local Union involved prior to any such vote. Where such affected membership is in two or more Local Unions, the results of any such vote shall be determined by aggregating the votes ofall the affected members, by a majority of the Local Unions involved based upon a separate vote of the affected membership of each, or separately by each Local Union based upon a vote of each Local Union’s affected membership. Where the affected membership is in two or more collective bargaining units of the same Local Union, the results of anysuch vote shall be determined by aggregating the votes of all the affected members or separately by each unit based upon a vote of the affected membership in each unit, unless otherwise prohibited by law. The method of determining such results shall be separately determined by each Local Union President prior to any such vote.

Proposed Amendment #9

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 3000, LOCAL 7R, LOCAL 324, LOCAL 770, LOCAL 5
ARTICLE TO BE AMENDED: Article 23

DESCRIPTION OF AMENDMENT: Reduce strike sanction requirement from 2/3 majority to majority vote.

PROPOSED CHANGE:

Modify Article 23 (D)5

No strike or other economic action shall be taken by any Local Union in connection with a contract proposal, unless the affected membership, at a meeting or meetings thereof, has approved the same through a two-thirds majority vote of members voting on the action separately or combined with the question of approval of the contract proposal. In the event the affected membership constitutes less than a majority of the membership of the Local Union, the Local Union ExecutiveBoard may disapprove such strike or other economic action.

Proposed Amendment #10

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 3000, LOCAL 7R, LOCAL 324, LOCAL 770, LOCAL 5
ARTICLE TO BE AMENDED: Article 23

DESCRIPTION OF AMENDMENT: Eliminate time threshold for strikers to receive strike benefit from 14 days to first day benefit.

PROPOSED CHANGE:

Modify Article 23 (F) 3

The financial aid allowed shall not be payable for the first seven days of the strike or lockout and shall apply only to those members who have been on strike or locked out for fourteen  days in succession. Only those members who are onauthorized strike or who are locked out shall be entitled to receive such benefits, except that the International Executive Committee is authorized to provide for the payment of financial aid to members who respect authorized and legitimate picket lines of the International Union or any of its chartered bodies.

Proposed Amendment #11

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 324, LOCAL 7R, LOCAL 3000, LOCAL 770, LOCAL 5
ARTICLE TO BE AMENDED: Article 23

DESCRIPTION OF AMENDMENT: Add new paragraph 7 to subsection F of Article 23 permitting unrepresented employees who are on strike or locked out as part of a first contract organizing campaign to receive strike benefits.

PROPOSED CHANGE: Add new subsection (F)7 with the following specific language:

References to “members” in Section F of Article 23 of this Constitution shall be understood to include unrepresented individuals who are on strike against or locked out by their employer in connection with an active organizing effort by the International Union or one of its chartered bodies to obtain a first collective bargaining agreement with the employer.

Proposed Amendment #12

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 3000, LOCAL 5, LOCAL 7R, LOCAL 5
ARTICLE TO BE AMENDED: Article 34

DESCRIPTION OF AMENDMENT: Limitation on Local Union Officer and Staff Compensation.

PROPOSED CHANGE:

Modify Article 34 (H)

Compensation and expenses, or the expense policy, for Local Union officers shall be established by the Local Union Executive Board, with such further approval as may be required by the Local Union’s bylaws. Provided that, annual salaries shall not exceed $250,000 (2023 dollars) per year for any Local Union Officer or Local Union Staff Member and provided that the combined salary of the top 3 paid staff or officers of any Local Union does not exceed $650,000 (2023 dollars) annually. The International Secretary-Treasurer shall publish, for calendar years starting January 1, 2024 and after, updated amounts to account for inflation as determined by the United States Bureau of Labor Statistics but not to exceed five-percent (5%) annually.

Proposed Amendment #13

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 3000, LOCAL 7R, LOCAL 770, LOCAL 5
ARTICLE TO BE AMENDED: Article 7 and Article 12

DESCRIPTION OF AMENDMENT: Modify Article 7(A) to increase number of International Vice Presidents and add an additional position for each constituency group.

PROPOSED CHANGE:

Modify Article 7(A):

The officers of this International Union shall constitute the International Executive Board and shall consist of an International President, International Secretary-Treasurer, three International Executive Vice Presidents to be listed in order of their seniority on the International Executive Committee, and 50 International Vice Presidents to be listed in order of their seniority on the International Executive Board. In addition, there shall be additional Vice President position held by each of the UFCW International Constituency Groups. New Constituency Groups may only be added by resolution process at the International Convention. In the event of a reduction in the number of International Vice Presidents between regular International Conventions as the result of vacancies which the International Executive Board pursuant to its authority in Article 17(P) has not filled or in the event of an increase in the number of International Vice Presidents in said period as the result of additions which the International Executive Board pursuant to its authority in Article 8(A)2 has made, the number of International Vice Presidents elected at the next regular Convention shall be the number serving on December 31 of the year preceding the year in which the Convention occurs. The number of International officers from Canada elected at the next regular Convention shall be six or the number serving on December31 of the year preceding the year in which the Convention occurs, whichever is greater. If the Convention will commence in a month prior to July, the date for determining the number of International Vice Presidents, as applicable in thisparagraph, shall be September 30 of the year preceding the year in which the Convention occurs.

Add New Article 12(E):

The President of each UFCW International Constituency Group shall, by virtue of their position within that constituency group, hold an International Executive Board Vice President position, in order to represent that constituency group. Should the President of a constituency group already hold a Vice President or Executive Vice President position on the board, or be otherwise unable to hold a board position, the constituency group shall be allowed to elect another board member of the constituency group to fill the position.

Proposed Amendment #14   

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 5, LOCAL 7R, LOCAL 3000, LOCAL 5
ARTICLES TO BE AMENDED: Article 9

DESCRIPTION OF AMENDENT: Modify Article 9(F) by replacing the decision to Trustee a Chartered Body from the International Union to that of an Arbitrator.

PROPOSED CHANGE:

(F) 1.   A Trusteeship may be imposed commenced through a due process proceeding initiated by the International Union upon a chartered body to correct corruption or financial malpractice, including mishandling or endangering Union funds or property, or the funds or property of any trust in which the Union has an interest; assure the performance of collective bargaining agreements or other duties of a bargaining representative; restore democratic procedures; or otherwise carry out the legitimate objectives of the International Union, including the proper administration of the finance or other affairs of the chartered body and the enforcement of compliance with federal, state, or provincial law, the Constitution or laws of the International Union, the approved bylaws of the chartered body, or the rules, decisions, or orders of the International Executive Board, the International Executive Committee, or International Officers made within the scope of their authority under this Constitution. Whenever in the judgment of the International Executive Committee such action is required, it shall immediately seek to employ an impartial arbitrator selected by agreement between the chartered body officers and the International Executive Committee. In the event the parties are unable to agree upon an arbitrator, he/she shall be selected by the strike-off method from a list of qualified and experienced labor arbitrators obtained from the American Arbitration Association (AAA). The arbitration shall be held in the jurisdiction in which the International Union has alleged the chartered body has engaged in one or more acts of misconduct described above. The arbitrator’s decision and award shall be forthcoming within 120 days after the selection of the arbitrator, unless mutually agreed between the parties to allow additional time, or for unforeseen circumstance delaying such decision. the power to place such chartered body in trusteeship or take such other temporary action as it deems necessary, provided that Any such action shall not be authorized in Canada unless concurred in by a majority of the International officers in Canada. Within 30 days following the imposition of a trusteeship, a hearing shall commence to determine whether the trusteeship is justified and shall be continued.

           2. a)     If the arbitrator determines a trusteeship is justified, such arbitrator shall also retain jurisdiction over the trusteeship. If such a trusteeship is imposed, the International President shall appoint a trustee, who shall administer the affairs of the chartered body during the trusteeship. If disputes arise between the members or former officers of the chartered body and the trustee that cannot be resolved the members or former officers may request the arbitrator to adjudicate such dispute. Any such request must first be duly signed by ten percent (10%) of the active members of the chartered body with a copy to the International President and trustee. The arbitrator shall have sole authority to decide any such request including the proper remedy to any such dispute without the right of appeal. In Canada, such trustee shall be a member of a Canadian Local Union who shall be appointed following consultation with the National Director, who may also hold the title of National Director, who may also hold the title of National President. The trustee shall act under the supervision of the International President, who may remove him or her at any time and appoint a successor.

               b)    The trustee shall take immediate charge of the affairs of the chartered body and shall have the right, upon demand, to all assets and records for the period that he or she is in charge, to be held in trust for the benefit of the members of the chartered body. During the trusteeship, the assets of the chartered body shall be expended for the conduct of its affairs.  If, after the trusteeship hearing, the International Executive Committee ratifies the imposition of the trusteeship, decision of the arbitrator to place the chartered body in trusteeship, the International President may require the chartered body to bear the expenses incurred in connection with the imposition, servicing, administration, and termination of the trusteeship including the arbitration. If the arbitrator finds no grounds for a trusteeship, the International shall bear all costs. The trustee shall be bonded in sufficient amount as determined by the International Secretary-Treasurer to safeguard the assets of the chartered body.

               c)     When a trusteeship is imposed the officers of the chartered body shall be suspended immediately removed from office and their functions shall pass to the trustee, who may delegate such functions to deputy trustees, and others as deemed necessary, subject to the approval of the International President. If the International Executive Committee determines after a hearing that the trusteeship is justified, and thereby ratifies the trusteeship, all officers within the chartered body shall immediately be removed, and the trustee may continue to delegate their functions as provided above. If the International Executive Committee determines that the trusteeship was not justified, or should not continue, the suspended officers shall be restored to their prior offices without loss of salary or benefits, unless otherwise determine in accordance with the procedures set forth in this Constitution.

              d)     At any time after the trusteeship has been ratified, the trustee shall have authority to bring disciplinary proceedings, including the filing of charges, against any member or former officer of the chartered body whom he or she has reasonable grounds to believe has contributed to the conditions leading to the establishment of the trusteeship. The trustee may also file charges against any member provided that in such case the trustee files charges with the International President within six months after the basis for the alleged violation has been discovered or should have been discovered. In any disciplinary proceeding held during the trusteeship, including any proceeding involving charges which were pending at the time the trusteeship was imposed, the accused shall be tried before a representative appointed by the International President. Trial proceedings shall be in accordance with the applicable provisions of Article 26(A), provided that such provisions are not inconsistent with the provisions of the Article. The representative appointed to conduct the trial shall, upon its completion, submit his or her findings and recommendations to the International Executive Committee with the trial record. The International Executive Committee is thereupon authorized to issue its decision and take such disciplinary measures as the circumstances warrant. Appeals from the decision of the International Executive Committee may be taken to the International Executive Board in accordance with the applicable provisions of the Article 26(C), provided that such provisions are not inconsistent with the provisions of this Article.

              e)      The autonomy of the chartered body shall be suspended during the period of the trusteeship, except that membership votes shall be held where required under Articles 23 and 38 and as otherwise required under this Article

              f)      The trustee shall make periodic reports to the International President on the progress of the trusteeship. He or she shall also hold meetings of the membership not less than quarterly for the purpose of reporting to the membership on the affairs and transactions of the chartered body.

           3. a)     The trusteeship hearing shall be conducted in the vicinity of the chartered body involved. by a hearing officer appointed by the International President, provided that the hearing officer shall be a member of a Canadian Local Union if the chartered body is located in Canada.

              b)     Adequate notice of the time, place and subject including the reasons for the proposed trusteeship of the arbitration hearing shall be sent by the International President to the members of the chartered body.

              c)      The chartered body shall have the right to be represented by its officers or suspended officers, an attorney representing the officers who subject to rules formulated by the hearing officer to prevent undue repetition, shall have the right to examine and cross-examine witnesses, present other evidence, and argue the case for or against trusteeship. The officers of the chartered body shall compensate the attorney representing them through the funds of the chartered body.No more than two (2) attorneys may be employed at any one time to represent the chartered body and their officers, and such attorney compensation shall be fair and reasonable.

              d)     Members shall have a right to testify, subject to rules formulated by the hearing officer to prevent undue repetition. If a member alleges that the officers or suspended officers of the chartered body cannot adequately represent his or her interests, the hearing officer may determine, upon a sufficient showing, to permit the member to participate in the examination and cross-examination of witnesses, the presentation of other evidence, and the argument.

              e)      Any officer of the chartered body who refused to produce any document relevant to the hearing shall be subject to charge and immediate suspension from office by the International Executive Committee pending proceedings under Article 9(G). Any employee who refuses to produce such records shall be subject to immediate suspension or termination form employment, as determined by the International Executive Committee.

              f)      The hearing officer may formulate whatever additional rules may be required to ensure a full, fair, ad expeditious hearing

              d)     All testimony shall be taken under oath and a verbatim transcript shall be made of the hearing.

              h)     The hearing officer shall submit his or her findings and recommendations to the International Executive Committee with he hearing transcript and exhibits.

              i)       Within 45 days from the date the hearing closes, the International Executive Committee shall issue its decision and order, which shall include its findings and determinations. Such decision and order shall be sent to the chartered body and made available to its members.

              e)      The International President shall make available for examination by the members of the chartered body, at the office of the chartered body, a copy of the hearing officer’s findings and recommendations. arbitrator’s decision and award, the hearing transcript and the hearing exhibits.

         4. a)       A The decision and order of the International Executive Committee following the hearing specified in Article 9(F)3 may be appealed to the International Executive Board in accordance with the applicable provisions of Article 26(C) governing appeals to the International Executive Board. of the arbitrator shall be final and binding upon the parties including the chartered body and the International without right of appeal.

              b)      A decision and order of the International Executive Committee determine that a trusteeship is justified shall constitute ratification or authorization of the trusteeship by the International Union, unless reversed on appeal.

           5. a) The trusteeship shall continue for such period as the International Executive Committee shall consider necessary for the reorganization or stabilization of the affairs of the chartered body to achieve the purposes of the trusteeship subject to the approval of the arbitrator.  provided, however, that the body in trusteeship shall have the right to petition for removal of the trusteeship at intervals of not less than six months following the establishment of the trusteeship. Any such petition must first be duly signed by a majority of the active members of the chartered body and then filed with the International President.

              b)      Upon receipt of such petition, the International President shall at the earliest practicable time hold an inquiry to determine whether the trusteeship shall continue. The inquiry shall be conducted by a representative appointed by the International President, under rules formulated to ensure a full, fair, and expeditious inquiry. Due notice of the time and place of the inquiry shall be given to the members of the chartered body.

              c)      The representative holding the inquiry, at its conclusion, shall submit findings and recommendations to the International Executive Committee. The decision of the International Executive Committee shall include its findings and recommendations and shall be sent to the members of the chartered body.

              d)      The decisions of the International Executive Committee may be appealed to the International Executive Board by any member of the chartered body in accordance with the applicable provisions.

           6.         Prior to the conclusion of the trusteeship, the trustee shall review the bylaws of the chartered body and shall submit his or her recommendations for amendment to the membership in accordance with the applicable provisions of Article 32(A). Prior to the conclusion of the trusteeship, the trustee shall conduct a new election for all offices of the chartered body in accordance with the Constitution of the International Union and the bylaws of the chartered body.

           7.         When the trusteeship is terminated upon order of the International Executive Committee or the arbitrator, the trustee shall return all assets and records to the chartered body and shall make an accounting of his or her trusteeship to the International Executive Committee and the chartered body.

           (G)      Whenever the activities of any member or officer of a chartered body involve, in the judgment of the International Executive Committee, an emergency situation injurious to the welfare or best interests of the International Union or a chartered body, the International Executive Committee is authorized to assume original jurisdiction in such matter, even though charges may have been filed with another body and are pending. Under such circumstance, the International Executive Committee may suspend the person from membership or office, but it shall be required to accord such member or officer a hearing before an impartial arbitrator pursuant to the provisions contained in 9(F) 1. upon notice of the charges against him or her, and the hearing shall commence within 30 days of such suspension. The International Executive Committee shall have authority to appoint a temporary successor to any office thus suspended, to serve until a decision is forthcoming from the impartial arbitrator. The decision and award from the arbitrator is final and binding upon the parties with no right of appeal. the charges are disposed of. Such hearing shall be conducted by a representative appointed by the International President, and the proceedings shall be in accordance with the applicable provisions of Article 26(A), provided that such provisions are not inconsistent with the provisions of this paragraph. Following such hearing the International Executive Committee is authorized to take such disciplinary action as the circumstances warrant, including removal from office. Appeal from the decision of the International Executive Committee may be taken to the International Executive Board. Procedure on appeal shall be governed by the applicable provisions of Article 26 (C).

           (H)      Whenever, in the judgment of the International Executive Committee, a chartered body is working against the best interests of the International Union, including, but not limited to, violation of the provisions of the Constitution and laws of the International Union, the International Executive Committee shall have the authority to expel such chartered body after a hearing conducted pursuant to the applicable provisions of Article 9(F) 1; subject to an appeal to the International Executive Board; provided that any such action shall not be authorized in Canada without consulting with the National Director, who may also hold the title of National President and having the support of a majority of the International officers in Canada.

Proposed Amendment #15

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 324, LOCAL 770, LOCAL 3000, LOCAL 7R, LOCAL 5
ARTICLES TO BE AMENDED: Article 15

DESCRIPTION OF AMENDENT: Make the distribution of delegates more equitable while continuing to give smaller locals a larger share of delegates than their per capita size.

PROPOSED CHANGE:

Modify ARTICLE 15 (B)(1) as follows:

(B) 1. Local Unions shall be apportioned Convention delegates and votes in accordance with the following formula:

Number of                                     Number of

Active Members                          Delegates

in Local Union                              and Votes

1  -         500................... 1

501  -       1,000................... 2

1,001  -       1,750................... 3

1,751  -       2,500................... 4

2,501  -       3,250................... 5

3,251  -       4,000................... 6

4,001  -       4,750................... 7

4,751  -       5,500................... 8

5,501  -       6,250................... 9

6,251  -       7,000................. 10

7,001  -       7,750................. 11

7,751  -       8,500................. 12

8,501  -       9,250................. 13

9,251  -      10,000................. 14

10,001  -      10,750................. 15

10,751  -      11,500................. 16

11,501  -      12,250................. 17

12,251  -      13,000................. 18

13,001  -      13,750................. 19

13,751  -      14,500................. 20

14,501  -      16,000................. 21

16,001  -      18,000 17,500........ 22

17,501 18,001  - 21,000 19,000... 23

19,001 21,001  - 24,000 20,500... 24

20,501 24,001  - 29,000 22,000... 25

22,001 29,001  - 34,000 23,500... 26

23,501 34,001  - 39,000 25,000... 27

25,001 39,001  - 44,000 26,500... 28

26,501 44,001  - 49,000 28,000... 29

28,001  -      29,500................. 30

29,501  -      31,000................. 31

31,001  -      32,500................. 32

32,501  -      34,000................. 33

And an additional delegate and vote for each 5,000 1,500 active members, or fraction thereof, above 49,000 34,000 active members.

Proposed Amendment #16

LOCAL UNION SUBMITTING PROPOSAL: UFCW 770, LOCAL 3000, LOCAL 5
ARTICLE TO BE AMENDED: Article 18

DESCRIPTON OF AMENDMENT: Add new 18(G) to allocate a portion of additional funds raised by increase of monthly per capita to Special Project Union Representatives (SPUR) program to fund further organizing efforts

PROPOSED CHANGE: Add new subsection (G) with the following specific language:

If the International Union, through its authority under Article 18(A)(3), increases the monthly per capita payable by Local Unions on each active and nonactive member, one-half of the funds raised by the per capita increase shall be allocated to funding Local union organizing campaigns through the Special Project Union Representatives (SPUR) program.

Proposed Amendment #17

LOCAL UNION(S) SUBMITTING PROPOSAL: UFCW 7R, LOCAL 3000, LOCAL 5
ARTICLE TO BE AMENDED: Article 10

DESCRIPTION OF AMENDMENT: Modify Article 10 (D) to ensure mandatory spending on organizing.

PROPOSED CHANGE:

Modify Article 10 (D):

The International President, in consultation with the International Secretary-Treasurer, shall have the authority to manage and control all assets of the International Union, except as otherwise provided in Article 9 of this Constitution. The International President shall have the authority, between meetings of the International Executive Board, to direct and approve the expenditure of funds of the International Union as shall be necessary or advisable in carrying out the principles and objective of the International Union and for any additional purposes and objectives not inconsistent therewith which will further the general interest and welfare of the International Union. The International President, in consultation with the International Secretary-Treasurer, shall ensure that each fiscal year not less than twenty (20%) percent of the regular expenditures of the International Union shall be directed towards organizing new members of the Local Unions and Chartered Bodies. Such expenditures shall be paid from the funds of the International Union and shall be paid by check cosigned, or electronic transfer authorized, by the International President and the International Secretary-Treasurer, provided that, in the event of a vacancy in either of such offices, the seniority provisions of Article 17(Q) shall govern as applicable. The International President shall have the authority to invest the surplus funds of the International Union where the International President deems it advisable, subject to the approval of the International Executive Committee. No expenditure of International Union funds shall be made except upon authorization of the International President, except as otherwise provided in this Constitution.