PREAMBLE
We join together for the following purposes; To cultivate a spirit of harmony and understanding between all guards, watchmen, and all persons whose duties are to enforce, against employees and other persons, rules and regulations to protect the safety of persons on assigned premises; To safeguard the property committed for protection from theft, pilfering, espionage or sabotage of any kind; and, To instill within our members a sense of individual obligation toward our employers upon a basis of equity, justice, and mutual understanding.
CONSTITUTION
ARTICLE I. NAME AND ADDRESS
Section 1: NAME. The name of this organization shall be INTERNATIONAL GUARDS UNION OF AMERICA, hereinafter referred to as "this Union."
Section 2: ADDRESS. The headquarters of this Union shall be designated by the Executive Board at a meeting to be held immediately following each General Convention or at any time such Executive Board may deem necessary.
ARTICLE II. PURPOSE
The purpose for which this Union has been formed is as follows:
a) To operate as a nonprofit employee representative organization.
b) To promote the interest of members and to safeguard their rights individually and collectively.
c) To establish and exercise the right of collective bargaining for the purpose of making and maintaining agreements between employee members and their employer covering wages, hours, and conditions of employment, and for other mutual aids of members of this Union, and to settle, promptly, disputes and grievances which may arise between members and their employer.
d) To grant charters to local, state, regional or national groups of members.
e) To do such other things, within legal limits, which will promote and protect the interest of this Union and its members.
ARTICLE III. DURATION AND DISSOLUTION
Section 1: DURATION. The duration of this Union shall be perpetual or until dissolved as provided for in Section 2 of this article.
Section 2: DISSOLUTION. This Union or any Affiliate Local may be dissolved at any time by two-thirds (2/3) majority vote of all members in good standing, excluding withdrawal members, at the time such vote is taken. Such vote shall be conducted by the Executive Board of this Union or any Affiliate Local and in such a manner, time and place as may be prescribed by a majority of the members of the Executive Board. Upon dissolution any Affiliate Local will forward all files and records to the International Secretary within one hundred and twenty (120) days after dissolution.
Section 3: METHOD OF DISSOLUTION. In the event of a favorable vote for dissolution in accordance with the provisions of Section 2 of this Article, the Executive Board of this Union or any affiliate Local shall take immediate steps to liquidate all fixed assets of this Union or any Affiliate Local by selling or otherwise disposing of all real and personal property and paying all outstanding obligations including expenses of liquidation. After payment of all obligations has been made, all remaining cash shall be distributed/prorate to all members in good standing, exclusive of withdrawal members, as of the date of the vote for dissolution.
ARTICLE IV. ORGANIZATION
Section 1: This Union shall be organized in accordance with the following:
a) International, which shall be the parent or headquarters office;
b) Regions, which shall be geographical subdivisions of the International;
c) Locals, which shall be individual groups of members employed by one or more employers within the geographical boundaries of the Region.
ARTICLE V. JURISDICTION AND AFFILIATION
Section 1: JURISDICTION. The jurisdiction of this Union shall extend to all persons employed as Guards, Watchmen, a retired guard or officer who is no longer employed who’s dues are current can also hold office in this union and all persons assigned to protect the property of employers or property assigned to the care of the employer under contract with IGUA; or an elected officer of this union, to enforce the rules and regulations of an employer and to protect the safety of employee's and persons on the premises of an employer.
Such jurisdiction shall be limited to such persons permitted to become members of this Union under the provisions of the National Labor Relations Act, as amended, or under the provisions of the laws of the country in which the employee is working.
Section 2: AFFILIATION. In the event of change in existing laws to permit affiliation with Federated or Major Labor Organizations, such affiliation may be proposed at a General or a Special Convention and can be approved only after a two-thirds (2/3) majority vote of the delegates present and voting at such convention.
ARTICLE VI: MEMBERSHIP
Section 1: QUALIFICATION. Only such persons employed as described in Article V hereof, who are of good moral character and citizens of the country in which employed or under the legal jurisdiction of the home country of the employer or who have declared their intention or become such a citizen shall be eligible for membership in this Union.
Section 2: CHANGE OF QUALIFICATION. The Executive Board shall at all times have the power and authority to define or change the qualifications for membership in this Union.
Section 3: RESTRICTION.
a) No person shall be eligible for membership or be eligible to hold any office in this union or any Region or Local if a member of the Communist Party or subscribes to its doctrines or believes in or advocates the overthrow of the government by force, violence or illegal or unconstitutional means.
b) No person who is or has been a member of the Communist Party, or who has been convicted of or served any part of a prison term resulting from his conviction of robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which inflicts grievous bodily injury, or a violation of title II or III of the LMRDA of 1959 or conspiracy to commit such crimes, shall serve . . .
. . . As an officer, director, trustee, member of any Executive Board or similar governing body, Business Agent, Manager, Organizer or any other employee (other than as an employee performing exclusively clerical or custodial duties) of any labor organization. . .
during or for five years after the termination of his/her membership in the Communist Party, or for five years after such conviction, or after the end of such imprisonment, unless prior to the end of such five-year period, in the case of a person so convicted or imprisoned, (A) his citizenship rights, having been revoked as a result of such conviction, have been fully restored, or (B) the Board of Parole of the United States Department of Justice determines that such person's service in any capacity referred to [above] would not be contrary to the purposes of this Act. . . No Labor organization or Officer thereof shall knowingly permit any person to assume or hold any office or paid position in violation of this [Provision] . . .
. . . for the purpose of this [provision] any person shall be deemed to have been "convicted" from the date of the judgment of the trial court or the date of the final sustaining of such judgment on appeal, whichever is the later event, regardless of whether such conviction occurred before or after the date of enactment of this Act.
(It should be noted.) Some courts have held that the phrase "period of imprisonment" includes not only the period of actual confinement in prison but also any period of parole. The Board of Parole has held, however, that "imprisonment" refers only to the period of actual confinement, in prison. A labor organization may within reasonable limits adopt stricter standards than those contained in sections 504 (a) by extending the period beyond five years or by barring from office persons who have been convicted of crimes other than those specified.
The following guidelines should be adhered to:
A. Reasonable opportunity for nominating candidates must be provided.
B. Reasonable notice must be provided of offices to be filled and of the time, place and proper form for submitting nominations.
C. Notice may be by mail, timely publication in the Union newspaper, or other effective means.
D. All members in good standing may be candidates and hold office, subject to the restrictions of section 504 (a) of the act and to reasonable qualifications uniformly imposed.
In general, persons convicted of crimes listed in section 504 (a) of the act may not hold office for five years after conviction if there was no imprisonment.
Section 4 EXPULSIONS. The Executive Board shall have full power and authority to issue any order to prevent any person from becoming a member, expel from membership or remove from office any person who is found to be in violation of section 3 of this article.
Section 5 OATH. A member accepted into membership into any affiliated Local of this Union shall subscribe to the following affirmation:
I______do solemnly promise that in consideration of being admitted into membership of this Union I will fully and faithfully carry out the duties and obligations of the International, Region, and Local of the International Guards Union of America of which I am a member. I further promise that I will at all times act as a true Union member and be faithful to the obligations, duties and requirements of such a Union member. That I will aid my fellow members and fellow Unionists in the attainment of the ideals of true trade unionism in every honorable and legal manner and that I will obey and follow the lawful directions and orders of the officers of this Union.
ARTICLE VII: OFFICERS AND EXECUTIVE BOARD
Section 1: NUMBERS AND TITLES. The officers of this Union shall consist of a President, Region Vice-President's, General Secretary/Treasurer and three (3) Trustees. The Senior Trustee shall be the Trustee elected with the most seniority as a trustee. If all three are newly elected then the Senior Trustee shall be the one with the most seniority in terms of membership in the I.G.U.A.
Section 2: OFFICERS AND METHOD OF ELECTION.
a) The President, Secretary Treasurer and Trustees of this Union shall be elected at each General Convention of this Union by a majority vote of the voting strength represented at such convention. In case no candidate receives a majority of the vote the candidate with the least number of votes will be stricken from the ballot. The process will be repeated until a candidate receives a majority of the vote.
b) The Vice-President's shall be elected by the Regional council in the respective region in accordance with the Provisions of the Constitution and By-Laws of the Region and Title IV of the LMRDA. The term of a Vice-President shall not exceed 5 years.
Section 3: ELIGIBILITY.
a) In order to be eligible to hold office in this Union a candidate shall be a member in good standing of a chartered Local affiliated with this Union or meet the provisions under Article V Section 1 and shall remain in good standing during his term of office. If any officer, during his term of office becomes ineligible because of not being in good standing, the office shall be declared vacant by the President.
b) A member in good standing is defined as a person who: (1) has fulfilled membership requirements of the Union, (2) has not withdrawn voluntarily, and (3) has not been expelled or suspended. If his dues are checked off and by his/her employer, his/her eligibility to vote as a member in good standing is not canceled because the dues have not been received by the Union.
ARTICLE VIII: GRANTING CHARTERS AND REVOCATION OR SUSPENSION
Section 1: ELIGIBILITY. Individual groups of eligible members in this union may apply to the President for a charter to form an affiliate Local provided that there are no less than seven (7) members who have signed the application for such charter. The issuance of a charter to such a group, or groups, shall be upon the recommendation of the Region Vice-President, subject to the approval of the General President.
Section 2: FORM. The wording and design of the Charter shall be designated by the Executive Board.
Section 3: APPROVAL. All applications for Charters shall be approved by a majority of the Executive Board before such Charter is granted.
Section 4: REVOCATION OR SUSPENSION OF CHARTER. The Executive Board shall have the power and authority to suspend or revoke, any charter granted by this Union for just cause and any such action shall be final and binding until the next General Convention of this Union, at which time the action of the Executive Board may be appealed, provided such notice of appeal is made in writing and served by registered or certified mail delivered to the headquarters office of this Union not less than thirty (30) days prior to the date of the first scheduled session of the General Convention.
Section 5: PENALTY. When the charter of an affiliate Local has been suspended, or revoked, by action of the Executive Board such Local shall immediately surrender its charter and all money, records and property rightfully belonging to the Local to the Region Vice-President. When the Charter of a Region has been suspended, the Region Vice-President shall surrender its charter and all money and records to the President or to the General Secretary Treasurer, who shall place all such items in Trust in accordance with the provisions of the LMRDA. All rights, privileges and benefits afforded by such Charter shall be suspended until a hearing by the Executive Board.