BRITISH COLUMBIA PROVINCIAL COUNCIL OF CARPENTERS
CONSTITUTION AND LAWS (proposed, November 2000)

TABLE OF CONTENTS
SECTION 1 – NAME AND COMPOSITION
SECTION 2 – OBJECTS
SECTION 3 – OUR PRINCIPLES
SECTION 4 – JURISDICTION
SECTION 5 – TRADE AUTONOMY
SECTION 6 – LAWS
SECTION 7 – PROVINCIAL COUNCIL OFFICERS AND ELECTIONS
SECTION 8 – PROVINCIAL COUNCIL PRESIDENT
SECTION 9 – PROVINCIAL COUNCIL FIRST VICE-PRESIDENT
SECTION 10 – PROVINCIAL COUNCIL SECRETARY-TREASURER
SECTION 11 – DUTIES OF THE PROVINCIAL COUNCIL EXECUTIVE BOARD
SECTION 12 – DUTIES OF THE PROVINCIAL COUNCIL TRUSTEES
SECTION 13 – PROVINCIAL COUNCIL NEGOTIATING COMMITTEE
SECTION 14 – CONVENTION
SECTION 15 – DUTIES OF OFFICERS AT CONVENTION
SECTION 16 – UNION FUNDS
SECTION 17 – GENERAL FUND
SECTION 18 – STRIKE AND DEFENCE FUND
SECTION 19 – RULES FOR STRIKE PAY
SECTION 20 – RULES FOR PAYMENT OF DEFENCE COSTS
SECTION 21 – INTEREST ON STRIKE AND DEFENCE FUND
SECTION 22 – CONTINGENCY FUND
SECTION 23 – CARPENTRY WORKERS’ BENEFIT PLAN
SECTION 24 – CARPENTRY WORKERS’ PENSION PLAN
SECTION 25 – CARPENTERS’ DUES SUPPLEMENT FUND
SECTION 26 – CARPENTRY APPRENTICESHIP AND TRAINING COMMITTEE
SECTION 27 – CARPENTER-LATHER JOINT ADVISORY AND APPRENTICESHIP COMMITTEE
SECTION 28 – JURISDICTION AND POWERS OF LOCAL UNIONS
SECTION 29 – JURISDICTION AND POWERS OF DISTRICT COUNCILS AND REGIONAL COUNCILS
SECTION 30 – JURISDICTION OF PROVINCIAL COUNCIL
SECTION 31 – ADMISSION OF LOCAL UNIONS
SECTION 32 – SUSPENDED AND LAPSED LOCAL UNIONS AND COUNCILS
SECTION 33 – NOMINATION, ELECTION AND APPOINTMENT IN SUBORDINATE BODIES
SECTION 34 – VACANCIES IN LOCAL UNION, DISTRICT COUNCIL, AND REGIONAL COUNCIL OFFICES
SECTION 35 – PENSIONERS’ ASSOCIATIONS
SECTION 36 – RIGHT TO RECALL
SECTION 37 – DUTIES OF PRESIDENT IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
SECTION 38 – DUTIES OF VICE-PRESIDENT IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
SECTION 39 – DUTIES OF RECORDING SECRETARY IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
SECTION 40 – DUTIES OF FINANCIAL SECRETARY IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
SECTION 41 – DUTIES OF TREASURER IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
SECTION 42 – DUTIES OF CONDUCTOR IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
SECTION 43 – DUTIES OF WARDEN IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
SECTION 44 – DUTIES OF TRUSTEES IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
SECTION 45 – DUTIES OF COMMITTEES IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
SECTION 46 – QUALIFICATIONS FOR MEMBERSHIP
SECTION 47 – APPRENTICESHIP
SECTION 48 – ADMISSION OF MEMBERS
SECTION 49 – FINANCES AND DUES
SECTION 50 – TRANSFER CARD
SECTION 51 – RESIGNATION OF MEMBERS
SECTION 52 – REDUCED DUES
SECTION 53 – OFFENCES AND PENALTIES
SECTION 54 – CHARGES AND TRIALS
SECTION 55 – APPEALS AND GRIEVANCES
SECTION 56 – FUNDS OF LOCAL UNIONS
SECTION 57 – LABEL
SECTION 58 – PROPERTY
SECTION 59 – PENSION PLANS
SECTION 60 – METHOD OF AMENDING CONSTITUTION
SECTION 61 – REFERENDA
SECTION 62 – CODIFICATION

BRITISH COLUMBIA PROVINCIAL COUNCIL OF CARPENTERS CONSTITUTION AND LAWS (proposed)

SECTION 1—NAME AND COMPOSITION
A The name of this organization shall be the British Columbia Provincial Council of Carpenters. The authority of the British Columbia Provincial Council of Carpenters is mandated from the democratically arrived at decisions of the membership.
B The British Columbia Provincial Council of Carpenters shall be composed of affiliated Local Unions, District Councils, and Regional Councils within the Province of British Columbia.
C Local Unions and Constituent Councils within the Province of British Columbia must make application to and become affiliated with the British Columbia Provincial Council of Carpenters. The British Columbia Provincial Council of Carpenters shall have the power to adopt by referendum vote such laws as will assist in educating, organizing, and strengthening the Local Unions, District Councils, and Regional Councils within the Province of British Columbia.

SECTION 2 – OBJECTS
A The objects of the British Columbia Provincial Council of Carpenters are: to organize workers; to encourage an apprenticeship system and a higher standard of skill; to develop, improve, and enforce the program and standards of occupational safety and health; to cultivate friendship; to develop good public relations in the community; to assist each other to secure employment; to reduce the hours of daily labour.
B To obtain for such workers who become members of the Union the best possible standards of compensation and other conditions of employment and working life.
C To promote and further the interests of the members and of working people everywhere, directly or indirectly, through social, cultural, economic, financial, and educational activities.
D To act as a bargaining agent for workers.
E To make determinations on affiliating with other labour organizations.

SECTION 3 – OUR PRINCIPLES
A We, as a body, pledge ourselves to give full support to the objects of the Canadian Labour Congress consistent with the Objects and Principles of the British Columbia Provincial Council of Carpenters’ Constitution and Laws.
UNION-MADE GOODS
B Members of this organization should make it a rule when purchasing goods to call for those which bear the trademark of organized labour, and when any individual, firm, or corporation shall strike a blow at labour organizations members are earnestly requested not to patronize that individual, firm, or corporation.
LABOUR LEGISLATION
C It is of greatest importance that members vote intelligently, hence the members of this Union shall strive to secure legislation in favour of the workers who produce the wealth of the country, and all discussions and resolutions in that direction shall be in order at any regular meeting.
LABOUR DAY
D The working men and women of Canada are honoured each year on Labour Day. We therefore urge each member and each subordinate body of the British Columbia Provincial Council of Carpenters to observe Labour Day in a manner appropriate to its purpose, and urge each member to participate as fully as possible in Labour Day programs in which his or her Local Union takes part.
OTHER INTERESTS
E We recognize that the interests of all labour are identical, regardless of occupation, gender, nationality, sexual orientation, religion, or ethnic origin, for a wrong done to one is a wrong done to all. We object to prison contract labour because it puts the criminal in competition with honourable labour for the purpose of cutting down wages, and also because it helps overstock the labour market.

SECTION 4 – JURISDICTION
A The jurisdiction of the British Columbia Provincial Council of Carpenters shall include all sectors of the Union – Construction Workers, Floorlayers, the Industrial Sector, Millwrights, Piledrivers, School Board Employees, Shipbuilders – and any kind of work being performed by any members of the British Columbia Provincial Council of Carpenters. In it shall be vested the power, through the British Columbia Provincial Council of Carpenters, to establish and charter subordinate Local Unions, District Councils, and Regional Councils in all branches of the Union, and its mandates must be observed and obeyed at all times.
In view of technological developments and industrial diversification, no type of employment category shall be excluded from the jurisdiction of the British Columbia Provincial Council of Carpenters, whether or not spelled out in this Constitution.
The British Columbia Provincial Council of Carpenters is empowered, upon agreement of the Local Unions and Councils directly affected, where it is determined that it is in the best interests of the British Columbia Provincial Council of Carpenters and its members, locally or at large, to establish or dissolve any Local Union or Council; to merge or consolidate Local Unions or Councils; to establish or alter the trade or geographical jurisdiction of any Local Union or Council; to form Councils; and to permit, prohibit, or require the affiliation with or disaffiliation from any Council by any Local Union, including the right to establish province-wide and regional Local Unions or Councils having jurisdiction over specified branches or subdivisions of the Union. The vested rights of the members shall at all times be preserved, and where action as herein described is taken the President and Executive Board shall preserve the membership rights of the members of affected Local Unions, including their right to attend and participate in meetings, to vote, to nominate candidates, and to be nominated and run for office or business representative. In connection with the foregoing, the President, upon finding it appropriate, may appoint a committee to hold hearings upon due notice to directly affected Local Unions or Councils, and make findings and recommendations.
B The right is reserved to the British Columbia Provincial Council of Carpenters’ Executive Board to regulate and determine all matters pertaining to the various branches and subdivisions of the Union. The Provincial Council Executive Board may designate subdivisions of the Union and may provide such support as it deems appropriate to further the interests of the British Columbia Provincial Council of Carpenters and its membership in such subdivisions.
C To subordinate Local Unions, District Councils, and Regional Councils, the right is conceded to make necessary laws for Local Unions, District Councils, and Regional Councils that do not conflict with the Constitution of the British Columbia Provincial Council of Carpenters.
D The British Columbia Provincial Council of Carpenters’ Executive Board shall have the right to establish supervision over and conduct the affairs of any subordinate body for just cause as laid out below (including the removal of any or all officers of such subordinate body) to correct financial irregularities or to assure the performance of organizing objectives, collective bargaining agreements, and the responsibility of the subordinate body as a bargaining agent or to protect the interests and rights of the members or whenever the affairs of the subordinate body are conducted in such a manner as to be detrimental to the welfare of the members and to the best interests of the British Columbia Provincial Council of Carpenters. The subordinate body shall have the right to demand a hearing to be held, with a decision within six months, or to appeal to the Convention.
E The British Columbia Provincial Council of Carpenters shall enact and enforce laws for its governance and that of subordinate Local Unions, District Councils, and Regional Councils, and members thereof.

SECTION 5 – TRADE AUTONOMY
A The broad, evolving trade autonomy of the British Columbia Provincial Council of Carpenters includes, but is not limited to, the milling, fashioning, joining, assembling, erection, fastening or dismantling of all material of wood, plastic, metal, fibre, cork and composition, and all other substitute materials, as well as the handling, cleaning, erecting, installing, repair, renovation, maintenance, and dismantling of all machinery, equipment, and all materials used by members of the British Columbia Provincial Council of Carpenters.
B Our claim of jurisdiction, therefore, covers all kinds of work being performed by members of the British Columbia Provincial Council of Carpenters and includes, but is not limited to the following classifications: Carpenters and Joiners; Millwrights; Pile Drivers, Bridge, Dock and Wharf Carpenters, Divers, Underpinners, Timber Workers and Core Drillers; Shipwrights, Boat Builders, Ship Carpenters, Joiners and Caulkers; Cabinet Makers, Bench Hands, Stair Builders, Mill and Factory Workers; Wood and Resilient Floor Layers and Finishers; Carpet Layers; Shinglers, Siders; Insulators; Acoustic and Drywall Applicators; Shorers and House Movers; Loggers, Lumber and Sawmill Workers; Furniture Workers; Reed and Rattan Workers; Shingle Weavers; Casket and Coffin Makers; Box Makers, Railroad Carpenters and Car Builders; Show, Display and Exhibition Workers; and Lathers, regardless of material used; also Public Sector Workers, Health Care Workers, Tile, Marble and Terrazzo Industry Workers and Aerospace Workers; and all those engaged in the operation of woodworking or other machinery required in the fashioning, milling or manufacturing of products used in the trade, or engaged as helpers to any of the above divisions or subdivisions, and the handling, erecting and installing of material on any of the above divisions or subdivisions; burning, welding, rigging, and the use of any instrument or tool for layout work, incidental to the trade; the erection and placement of all materials used in lathing procedures; and all work with and on robotics, included but not limited to: rigging, handling, installing, maintaining, programming, and use of all stationary and/or portable robots; this includes all robots used in any industry, including the nuclear field.

SECTION 6 – LAWS
A The Constitution of this organization shall include general laws of the British Columbia Provincial Council of Carpenters and rules for subordinate bodies under its jurisdiction. The terms “Constitution” and “Constitution and Laws” shall have the same meaning.
B The Constitution and Laws can be amended or altered in conformity with the provisions of Section 60 of this Constitution.

SECTION 7 – PROVINCIAL COUNCIL OFFICERS AND ELECTIONS
A Resident Officers of the British Columbia Provincial Council of Carpenters shall consist of a President and a Secretary-Treasurer
B The Officers of the British Columbia Provincial Council of Carpenters shall consist of the President, the Vice-Presidents (one of whom shall be the First Vice-President), and the Secretary-Treasurer.
C The British Columbia Provincial Council of Carpenters’ Executive Board shall consist of the Officers and Executive Board Members.
D The regular terms of office for the elected Resident Officers, Vice-Presidents, Executive Board Members, and Trustees of the British Columbia Provincial Council of Carpenters shall be three (3) years. The compensation of a Resident Officer in effect at the time of nomination or appointment shall not be reduced during the term for which elected or appointed without his or her consent; provided, however, and notwithstanding the provisions of Section 7 E or prior action designating the term of an appointee, the term for which a Resident Officer is elected or appointed may be reduced or terminated, or the compensation therefor reduced, for valid economic reasons, subject to the approval of the Provincial Council Executive Board. All elected positions in the Provincial Council will be declared vacant at the end of the three-year term.
E The Provincial Council President and the Secretary-Treasurer shall be elected in that order by secret ballot at a Provincial Council Convention. Nominations shall be opened at the call of the chair on the second day of the Convention. Nominees will be given five minutes to address the Convention delegates. The vote shall be taken later in the day at a time decided by the Convention.
F The Provincial Council Vice-Presidents shall be elected as follows:
The Vancouver, New Westminster and Fraser Valley District Council of Carpenters will elect two Vice-Presidents. The Central British Columbia District Council of Carpenters, the Kootenay District Council of Carpenters, the Northwest British Columbia District Council of Carpenters, the Okanagan District Council of Carpenters, and the Vancouver Island District Council of Carpenters each will elect one Vice-President.
A caucus of Convention delegates representing Local Union 1928 (Industrial) and Local Union 506 (Marine & Shipbuilders) from the geographical area of the Vancouver, New Westminster and Fraser Valley District Council of Carpenters will elect one Vice-President. A caucus of Convention delegates representing the Okanagan Industrial Local Unions and all School Board Local Unions will elect one Vice-President. To be eligible to run for Vice-President, the candidates must be Executive Board Members, who have been elected by their respective Local Union or geographical Convention caucus delegates of their areas. Industrial, Shipbuilders, and School Board Local Unions are all Local Unions except Carpenter, Millwright, Floorlayer, and Piledriver Local Unions.
The Provincial Council Vice-Presidents shall meet at Convention under the chairmanship of the President, and elect one of their number to be First Vice-President, whose election as First Vice-President shall then be confirmed by the Convention.
G The Provincial Council Executive Board Members shall be elected as follows:
The Vancouver, New Westminster and Fraser Valley District Council shall elect two Executive Board Members, and the Vancouver Island District Council will elect one Executive Board Member.
The affiliated Millwrights’ Local Union(s) will elect one Executive Board Member. The affiliated Floorlayers’ Local Union(s) will elect one Executive Board Member. The affiliated Pile Drivers’ Local Union(s) will elect one Executive Board Member. The affiliated Marine & Shipbuilders’ Local Union(s) will elect one Executive Board Member. Industrial Local Union 1928 will elect one Executive Board Member.
Should a Millwright, Floorlayer, or Pile Driver representative be elected as a Provincial Council Vice-President by a District Council of Carpenters, then the respective Local Union(s) shall not be entitled to elect an Executive Board Member. However, in this case the District Council involved will elect an Executive Board Member for each such position from amongst the Carpenter Local Union delegates.
A caucus of Convention delegates representing all School Board Employees’ Local Unions shall elect one Executive Board Member. Should a School Board Employees’ representative be elected as a Vice-President by the Industrial Local Unions’ Convention delegates, then the respective Local Union(s) shall not be entitled to elect an Executive Board Member. However, in such case the caucus of Convention delegates representing Industrial Local Unions outside the geographical area of the Vancouver, New Westminster and Fraser Valley District Council shall elect an Executive Board Member from amongst the Industrial Local Union delegates.
H The District Councils shall elect their Provincial Council Vice-Presidents not later than February of the Provincial Council election year. The District Councils and, where applicable, Local Unions shall elect their Provincial Council Executive Board Members not later than February of the Provincial Council election year. The names and addresses of the elected Vice-Presidents and Executive Board Members will be reported to the Provincial Council Secretary-Treasurer after such election. The Vice-Presidents so elected by the District Councils will assume the office of Vice-President immediately, and will be the delegates of their respective District Councils to any Provincial Council Conventions held during their term of office. Official installation will take place at the Convention following election of the respective Vice-Presidents and Executive Board Members.
I Industrial Local Unions’ delegates to the District Councils shall not be entitled to participate in electing Provincial Council Vice-Presidents or Provincial Council Executive Board Members at the respective District Councils. Millwright, Floorlayer, or Pile Driver Local Unions’ delegates to the District Councils shall not be entitled to participate in electing Executive Board Members at the respective District Councils.
J Three Provincial Council Trustees shall be nominated and elected by Convention delegates at the same time as the election of Officers. Eligible candidates shall be the Provincial Council Vice-Presidents and Executive Board Members, excluding President, Secretary-Treasurer, and First Vice-President. An elected Trustee will not be eligible to be a signing officer of the Council.
K Any candidate for office of President, Secretary-Treasurer, or member of the Executive Board of the Provincial Council shall have the right to be represented at the count of the ballots and shall have the right to examine any ballot or other election record upon request.
L No member shall be elected or appointed to any office, representative, or deputy, or as a Convention delegate unless such member is a resident of Canada.
M To be eligible for nomination and election as a Resident Officer of the British Columbia Provincial Council of Carpenters, a member must be present at the time of nomination, unless prevented by accident or sickness or other substantial reason from being present, in which case the candidate shall submit a letter of acceptance if nominated. A member shall not be eligible unless working for a livelihood in a classification within the trade autonomy of the British Columbia Provincial Council of Carpenters as defined in Section 5 or in employment which qualifies him or her for membership, or is depending on the trade for a livelihood, or is employed by the organization as a full-time officer or representative; provided, further, that members who are life members, apprentices, trainees of probationary employees shall not be eligible. A member must have been twelve consecutive months a member in good standing in his or her Local Union and a member of the British Columbia Provincial Council of Carpenters for two years immediately prior to nomination. The member shall be required to establish eligibility to the Election Committee to qualify under these provisions of the Constitution and Laws at the time of nomination.
N The Officers and Executive Board Members shall be installed in office at such time and place as may be required or during the course of the Convention. The President and Secretary-Treasurer shall enter upon the duties of their offices not later than thirty (30) days after election and installation.
O Should a vacancy occur in the office of President or Secretary-Treasurer, the Executive Board shall have the authority to name a successor until the next Convention. Should a vacancy occur in the office of any Vice-President or Executive Board Member, the successor to such office shall be chosen in the same manner as the Vice-President or Executive Board Member being replaced. Should a vacancy occur in the office of Vice-President or Executive Board Member representing Industrial Local Unions, the Provincial Council Executive Board shall have authority to name a successor, in consultation with the Industrial Local Unions, until the next Convention.
P When election of the President and Secretary-Treasurer takes place, the Convention delegates will be advised by the Convention chair that one of these officers will be authorized to represent the Provincial Council at any Convention held during the term of office. The ballots for these positions also will contain this information.
Q Where the Provincial Council is entitled to seat only one delegate the Executive Board shall decide upon either the President or the Secretary-Treasurer to act in that capacity.
R Provincial Council Officers or Representatives can be charged only for just cause, through the Executive Board. The minutes of the Executive Board meeting dealing with the issue as to whether or not to proceed with charges against a Provincial Council Officer or Representative shall fully disclose the Executive Board’s reason for charging or not charging a Provincial Council Officer or Representative.
S Members who prefer charges against a Provincial Council officer must submit charges through their Local Union, District Council, or Regional Council. The Executive Committee of the Local Union, District Council, or Regional Council may dismiss the charges, or the charges shall be referred by the Local Union, District Council, or Regional Council to the Provincial Council Executive Board. The Provincial Council Executive Board may conduct an investigation and hearing and dismiss the charges or, if it finds that the accused has violated the Constitution and Laws, may issue a reprimand or may, by two-thirds vote, suspend or terminate the accused, subject to an appeal to the Convention.

SECTION 8 – PROVINCIAL COUNCIL PRESIDENT
A The President of the British Columbia Provincial Council of Carpenters shall issue and sign all charters, may grant dispensations in extraordinary cases, and shall fill any vacancies among the Provincial Council Officers by consent of a majority of the Executive Board on a pro tem basis not to exceed six (6) months. The President shall have the authority to appoint any member as a Representative to assist in carrying out the affairs of the Provincial Council. Such Representative shall have the same qualifications as those required by Officers and Executive Board Members. When directed by the President, the Representatives shall assist and advise the Officers and Business Representatives of Local Unions, District Councils, and Regional Councils. They also shall perform such other duties as directed by the Provincial Council President. The compensation for Representatives shall be determined by the Provincial Council Executive Board.
B The Provincial Council President, with the approval of the Executive Board, may personally, or by deputy, take possession for examination of all books, papers, and other records, including all financial records, of any Local Union, District Council, or Regional Council for just and reasonable cause, summarily when necessary, and the same shall remain in possession of the Provincial Council President within the jurisdiction of the Local Union, District Council, or Regional Council until a complete report has been made and filed. During said examination, a representative of the Local Union, District Council, or Regional Council may be present.
C The Provincial Council President, with the approval of the Executive Board, shall have the authority to decide all points of law, grievances, and election appeals, under Section 55 G, except as otherwise provided. The Provincial Council President, with the approval of the Executive Board, shall have the power to suspend any Local Union, District Council, or Regional Council for violation of the Constitution and Laws of the British Columbia Provincial Council of Carpenters, or for wilfully or directly violating the Constitution and Laws or principles of the British Columbia Provincial Council of Carpenters, or for acting in such a manner as to undermine its welfare, after due notice and hearing, and subject to an appeal to the Executive Board by the subordinate body involved.
D The Provincial Council President shall supervise the entire interest of the Union, and shall perform such other duties as the Constitution and Laws of the British Columbia Provincial Council of Carpenters may require. He or she shall by virtue of the office be a delegate to the Conventions of the Canadian Labour Congress and other labour bodies to which the British Columbia Provincial Council of Carpenters is affiliated. He or she shall submit a quarterly report to the Provincial Council Executive Board, and also shall submit monthly to the Secretary-Treasurer an itemized account of all moneys spent by the Provincial Council President on behalf of the British Columbia Provincial Council of Carpenters.
E Whenever it appears to the satisfaction of the Provincial Council President and Executive Board that any Local Union or member thereof, or any District Council or Regional Council is acting contrary to the welfare of the British Columbia Provincial Council of Carpenters, or that supervision should be established over the conduct of the affairs of any subordinate body as set forth in the Constitution and Laws of the British Columbia Provincial Council of Carpenters, the Provincial Council President may appoint a committee to hold a hearing, after due notice to such subordinate body or member. Upon completion of the hearing, the committee shall report its findings and recommendations to the Executive Board and to the member or subordinate body involved. The Executive Board is empowered to take such action as is necessary and proper for the welfare of the British Columbia Provincial Council of Carpenters, subject, however, to the right of appeal to the next Convention, to the extent permitted by Section 55 G If the Provincial Council President and Executive Board determine that an emergency exists, the Provincial Council President may appoint a Representative to assume supervision for just cause over any Local Union, District Council, or Regional Council, pending the holding of a hearing and completion of the proceedings as provided for in this Section.
F Where a Local Union, District Council, or Regional Council requests the assistance of the Provincial Council office, the Provincial Council President may, with the consent of the Executive Board, make settlement with employers, subject to the ratification of the affected Local Union, District Council, or Regional Council membership, and the said Local Union, District Council, or Regional Council must accept the same.
G Whenever, in the judgement of the Provincial Council Executive Board, subordinate bodies or the members thereof are working against the best interests of the British Columbia Provincial Council of Carpenters, or are not in harmony with the Constitution and Laws of the British Columbia Provincial Council of Carpenters, the Provincial Council Executive Board shall have the power to order said body to disband under penalty of suspension.
H The Provincial Council President, with the approval of the Executive Board, shall have the power to grant dispensation on all matters which will be beneficial to the British Columbia Provincial Council of Carpenters.
I No two subordinate bodies of the British Columbia Provincial Council of Carpenters shall negotiate for the same contract with the same employer, but if two subordinate bodies do open negotiations, the Provincial Council President shall designate the proper bargaining unit of the British Columbia Provincial Council of Carpenters, which shall complete negotiations for said contract.

SECTION 9 – PROVINCIAL COUNCIL FIRST VICE-PRESIDENT
A It shall be the duty of the Provincial Council First Vice-President to render such assistance to the President as is required, and in case of a vacancy in the office of President the First Vice-President shall assume the office and perform the duties thereof until a successor is named and installed. In the event of the First Vice-President permanently assuming the duties of President, the Executive Board shall select and name a First Vice-President to complete the unexpired term.
B In the event the Provincial Council President and/or the Secretary-Treasurer are the named delegates from the British Columbia Provincial Council of Carpenters to any body to which the Council is affiliated and the President and/or the Secretary-Treasurer are unable to attend, the First Vice-President shall assume the delegates’ duties.

SECTION 10 – PROVINCIAL COUNCIL SECRETARY-TREASURER
A The Provincial Council Secretary-Treasurer shall be engaged on a full-time basis by the Council. The Secretary-Treasurer’s wages and expenses shall be paid from the General Fund. He or she shall by virtue of the office be a delegate to the Conventions of the Canadian Labour Congress and other labour bodies to which the British Columbia Provincial Council of Carpenters is affiliated.
B The Provincial Council Secretary-Treasurer shall be responsible for administration of the British Columbia Provincial Council of Carpenters’ office, and shall oversee the work of the Provincial Council’s office support staff. The Secretary-Treasurer shall be responsible for keeping a correct record of the proceedings of the Convention and of the business conducted by the Executive Board and the Negotiating Committee. The Secretary-Treasurer shall be responsible for preservation of all important documents, letters and papers pertaining to the business of the Council. The Secretary-Treasurer shall conduct such official correspondence as is necessary, and shall ensure that copies of all such letters are retained on file.
C The Provincial Council Secretary-Treasurer shall be responsible for payment of all bills by cheque, signed by the President, the Secretary-Treasurer, and/or another authorized signing officer; for maintaining of a record of receipts for all monies received, including per capita tax; and for receipts being sent to all affiliated Local Unions for monies received.
D The Provincial Council Secretary-Treasurer shall be responsible for the recording and accounting of the financial affairs of the Council, including a breakdown of the source of all revenue and a record of the receipts and expenditures of the Council, and shall submit a semi-annual report of such transactions to the Executive Board and shall submit an annual audited financial statement to the Convention. For this purpose, a suitable fiscal year shall be agreed upon by the Executive Board.
E The Provincial Council Secretary-Treasurer shall be responsible for the Provincial Council maintaining a correct list of all affiliated Local Unions, together with the names and addresses of their respective Presidents, Secretaries, and Business Agents, meeting places and times, and post office addresses of Officers.
F The Provincial Council Secretary-Treasurer shall issue the convention call, which shall be sent to all affiliated Local Unions, District Councils, and Regional Councils ninety days before the British Columbia Provincial Council of Carpenters’ Convention. Delegates shall later be sent copies of all resolutions that have been submitted to the Convention. The Secretary-Treasurer shall at any time submit to the affiliated Local Unions information on matters deemed to be of importance to be considered by the Convention, or on such matters as the Executive Board may direct. Following the Convention, reports of the Convention proceedings shall be sent to all Local Unions, District Councils, and Regional Councils, and to any delegate who requests a copy during or immediately following the Convention.
G The Provincial Council Secretary-Treasurer shall be bonded by the Provincial Council in such amount as the Council may determine. The Secretary-Treasurer shall deliver to the successor to the office all books, papers, records, and other property of the Council that may be in his or her possession at the close of the official term.

SECTION 11 – DUTIES OF THE PROVINCIAL COUNCIL EXECUTIVE BOARD
A The Provincial Council Executive Board shall direct the business of the British Columbia Provincial Council of Carpenters in the interim between Conventions, and shall have authority to hold meetings when deemed necessary by the President or by a majority of the Executive Board. A majority of the Executive Board shall constitute a quorum for the transaction of business.
B The Executive Board shall have general supervision of the organizing work under the jurisdiction of the Provincial Council. At any time, the Executive Board, in consultation with the Negotiating Committee, may approve employment of organizers or other staff, who shall be subject to rules, work reports, salaries and expenses as determined by the Negotiating Committee and the Executive Board.
C The Executive Board shall present an Executive Board Report covering the work of the Board and the Resident Officers for the past year, copies of which shall be provided to the delegates prior to the Convention.
D Members of the Executive Board shall make regular reports to Executive Board meetings on conditions and activities affecting the members in their respective areas.
E The Industrial Local Unions’ Vice-Presidents shall act as chairperson and secretary whenever meetings or conferences of Industrial Local Unions are held. With each term of office the chairperson and secretary shall alternate between the two areas which elect the Industrial Local Unions’ Vice-Presidents. Industrial Local Unions are Industrial, Shipbuilders and School Board Local Unions.
F Credentialed Provincial Council Vice-Presidents and Executive Board Members attending British Columbia Provincial Council of Carpenters’ Conventions shall be entitled to receive expenses and wages from the Provincial Council for the days they are required to be in attendance prior to the convening of the Convention, as determined by the Provincial Council Executive Board. Officers and Executive Board Members attending meetings of the Executive Board shall be reimbursed for their necessary expenses.
G The per diem allowance for officers and other members of the union while acting on behalf of or attending functions of the Provincial Council shall be determined by the Executive Board.
H The Executive Board shall have authority to initiate charges for just cause related to members of the Executive Board for offences in violation of the provisions of Section 55 G of the Constitution.

SECTION 12 – DUTIES OF THE PROVINCIAL COUNCIL TRUSTEES
A The Provincial Council Trustees’ duties shall include examining the books and financial records of the British Columbia Provincial Council of Carpenters, assuring themselves that same have been properly kept and that all receipts and disbursements have been recorded and that expenditures have been approved. The Trustees shall make such recommendations to the Executive Board as in their judgement are conducive to good business practices and in the best interests of the Provincial Council.

SECTION 13 – PROVINCIAL COUNCIL NEGOTIATING COMMITTEE
A A Provincial Council Negotiating Committee shall negotiate all package issues of the British Columbia Provincial Council of Carpenters’ Standard Agreement, the Carpenter-Lather Addendum, the Millwright Addendum, and any related addendums, project agreements, or letters of understanding. The Committee shall be comprised of the President, the Secretary-Treasurer, the Vice-Presidents elected from the District Councils, and the Executive Board Members elected to represent Construction Local Unions.
B The Provincial Council President, Secretary-Treasurer, and those Vice-Presidents and Executive Board Members from Local Unions signatory to the Provincial Council of Carpenters’ Standard Agreement will form the Carpenters’ Negotiating Committee to negotiate all trade issues relating to the Standard Agreement, the Carpenter-Lather Addendum, and the Millwright Addendum. The Carpenters’ Negotiating Committee may establish a small committee to act between sessions of the full committee, a sub-committee to negotiate the Carpenter-Lather Addendum, and a sub-committee to negotiate the Millwright Addendum. The small committee and the sub-committees will at all times be under the full committee’s direction.
C The Floorlayers’ Local Union will establish a Floorlayers’ Trade Negotiation Committee, which will negotiate all trade issues relating to the Floorlayers Union Carpet and Resilient Floor Covering Agreement and the Hardwood Floor Agreement. The Floorlayers’ representative on the Provincial Council Negotiating Committee will act on the Trade Committee, as well as an additional representative named by the Provincial Council Negotiating Committee.
D The Pile Drivers’ Local Unions will establish a Pile Drivers’ Trade Negotiation Committee, which will negotiate all trade issues relating to the Pile Drivers’ Standard Agreement for British Columbia. The Pile Drivers’ representative on the Provincial Council Negotiating Committee will act on the Trade Committee, as well as an additional representative named by the Provincial Council Negotiating Committee.
E The Millwrights’ Local Union will establish a Millwrights’ Trade Negotiation Committee, which will negotiate all trade issues relating to the Millwright Addendum. The Millwrights’ representative on the Provincial Council Negotiating Committee will act on the Trade Committee, as well as an additional representative named by the Provincial Council Negotiating Committee.
F For the purpose of this Constitution and Laws, the following definitions will apply:
Package Issues: Those conditions being negotiated into one or more of the union agreements, which are common to all union agreements.
Trade Issues: Those conditions being negotiated into the union agreement that are peculiar to the individual trade.
G Where local negotiations for Carpenters or Carpenter-Lathers are required in areas other than the Lower Mainland, a Negotiating Committee may be established to include additional representatives from Local Unions and/or District Councils as may be decided by the Provincial Council Negotiating Committee. In any event, the Provincial Council President, Secretary-Treasurer, Vice-President(s), and Executive Board Member(s) for that area will be part of the local Negotiating Committee.
H There shall be no meetings with contractors or contractors’ representatives during negotiations for the purpose of discussing any new or proposed agreement unless the Provincial Council President, Secretary-Treasurer, Vice-President(s), and/or Executive Board Member(s) of the area of trade concerned are present. All decisions must be considered and be concurred in by the Provincial Council Negotiating Committee. All recommendations must be signed by the President and Secretary-Treasurer of the Provincial Council. The final draft of the Standard Agreement or any Memorandum of Understanding thereto shall be submitted to the full Negotiating Committee as set out above before any binding commitments or signatures take place.
I No Local Union shall sign any agreement, package proposal, recommended settlement, or undertaking that will affect the Provincial Council or act in any other way that will not be to the advancement of the British Columbia Provincial Council of Carpenters without the approval of the Provincial Council Negotiating Committee. No Carpenters’ Local Union shall sign any agreement other than the uniform Standard Agreement without the approval of the Provincial Council Negotiating Committee.
J The Provincial Council Negotiating Committee shall have the authority to enter into bargaining pacts or councils in co-ordination with the British Columbia and Yukon Territory Building and Construction Trades Council and/or other trades.

SECTION 14 – CONVENTION
A A Convention of the British Columbia Provincial Council of Carpenters shall be held annually, time and location to be decided by the Executive Board.
A Special Convention of the British Columbia Provincial Council of Carpenters may be called at the request of a majority of Local Unions affiliated to the Provincial Council, based on a majority vote on a motion to that effect, by their respective members at regular or special-called meetings. The Provincial Council Executive Board, by a two-thirds majority vote on a motion to that effect, also may call a Special Convention. Time and place and cause for holding the Convention must be stated in the motions.
B The number of delegates each Local Union shall be entitled to shall be based on the average number of members upon which per capita tax was paid for the twelve months preceding the issuance of the Convention Call.
Representation by Local Union shall be on the following basis:
50 members or fewer - 2 delegates
51 members to 150 members - 3 delegates
151 members to 250 members - 4 delegates
251 members to 350 members - 5 delegates
351 members to 500 members - 6 delegates
501 members to 750 members - 7 delegates
751 members to 1,000 members - 8 delegates
and two (2) additional delegates for each additional five hundred (500) members or major fraction thereof.

C District Councils having paid the current year’s affiliation fee previous to the time of the Convention shall be entitled to seat delegates on the following basis:
The Central British Columbia District Council of Carpenters, the Kootenay District Council of Carpenters, the Northwest British Columbia District Council of Carpenters, the Okanagan District Council of Carpenters, and the Vancouver Island and Vicinity District Council of Carpenters: one delegate.
The Vancouver, New Westminster and Fraser Valley District Council of Carpenters: two delegates.
D The British Columbia Provincial Council of Carpenters will seat four delegates at large. The delegates shall be the Provincial Council President, the Secretary-Treasurer, and the two Industrial Local Unions’ Vice-Presidents. The designation of Provincial Council Officers as delegates shall not affect the number of delegates to which their respective Local Unions otherwise shall be entitled.
E Each delegate must qualify as per Section 33 D of the British Columbia Provincial Council of Carpenters’ Constitution. Delegates will be given credentials in original and duplicate form, as provided by the Provincial Council, by the Local Union or District Council being represented. The credentials shall contain the name of the delegate, the name of the alternate, and the number of the Local Union or name of the District Council. To be valid, the original and duplicate forms must be signed by the President and the Recording Secretary and must bear the stamp or seal of the Local Union or District Council. The original credentials must be delivered to the Provincial Council Secretary-Treasurer at least thirty (30) days before the opening of the Convention. The Provincial Council Secretary-Treasurer then shall prepare a preliminary roll call list. The duplicate credential and up-to-date dues book must be presented by the delegate to the Credentials Committee at the Convention.
F A Local Union that owes three months’ per capita tax to the Provincial Council shall not be entitled to representation at Convention.
G All Convention resolutions, to be considered, must be forwarded to the Provincial Council Secretary-Treasurer not later than thirty (30) days prior to the first day of the Convention. Each resolution must be submitted separately on the official stationery, must bear the stamp or seal of the Local Union or District Council, and must be signed by the President and the Recording Secretary.
H The Provincial Council President and Secretary-Treasurer, after consultation with the Vice-Presidents, shall have authority to appoint Convention committees from the credentials received prior to the Convention, and shall designate the initial meeting schedule.
I As soon as the Convention is organized for the transaction of business, the Provincial Council Secretary-Treasurer shall submit a list of the names of all appointed committee members for approval of the Convention. Such committees shall include a Credentials Committee, a Rules of Order Committee, a Resolutions Committee, and, dependent on resolutions submitted and other business before the Convention, such other committees as are necessary. The Provincial Council President shall appoint such special and standing committees as the Convention shall decide. All committees shall consist of at least three members and shall be given terms of reference by the President. The President also shall appoint such Convention staff as are required to ensure the correct recording of the proceedings and to assist with the functioning of the Convention. When committees are required to meet prior to the Convention, the members of such committees shall be entitled to receive expenses and wages paid as decided by the Provincial Council Executive Board.
J The Convention, while in session, shall be vested with all the executive, legislative, and judicial authority of the British Columbia Provincial Council of Carpenters, together with all powers necessary or incidental thereto.
K A majority of delegates attending the Convention shall constitute a quorum for the transaction of business. Each delegate shall be entitled to one vote. No proxy representation shall be allowed.
L The order of procedure in Convention in the transaction of business shall be the same as the preceding Convention until the Rules of Order Committee reports.
M All questions of a parliamentary nature not provided for in the Convention Rules of Order shall be decided by Robert’s Rules of Order.
N To equalize the transportation costs of Convention delegates from the various Local Unions and District Councils, all such costs will be tabulated and an equal amount per delegate established in the form of a pool fare, and each Local Union and District Council, as may be required, assessed or reimbursed accordingly. Such transportation costs shall be based on one and one-half times the bus fare. Pool fare shall be disallowed for any Local Union or District Council whose delegates fail to attend the Convention without just cause.

SECTION 15 – DUTIES OF OFFICERS AT CONVENTION
A PRESIDENT
It shall be the duty of the Provincial Council President to preside at all Conventions of the British Columbia Provincial Council of Carpenters and to conduct same according to parliamentary rules and in conformity with this Constitution and Laws, and immediately after the opening of the Convention to call upon the Rules of Order Committee to report.
B The President shall appoint all Convention committees, subject to the provisions of Section 14 E and the approval of the Convention.
C The President shall perform such other duties as the Convention may direct.
D SECRETARY-TREASURER
The Provincial Council Secretary-Treasurer shall keep a correct record of the proceedings of the Convention, and shall submit a report to the Convention, including the audited annual financial statements of the Provincial Council. For this purpose, the Executive Board shall agree upon a suitable fiscal year.
E EXECUTIVE BOARD
The Provincial Council Executive Board shall submit an Executive Board Report covering the work of the Board and the Resident Officers for the past year, copies of which shall be provided to the delegates prior to Convention.
F BOARD OF TRUSTEES
The Provincial Council Board of Trustees shall submit a report to the Convention.
G PERIOD COVERED BY REPORTS
All reports required by this Section shall cover the period beginning on January 1 of the year in which the last Convention was held, and ending on December 31 the year preceding that in which the Convention is held, at which the reports are to be submitted.

SECTION 16 – UNION FUNDS
A The revenue of the British Columbia Provincial Council of Carpenters shall be derived from a per capita tax and an hourly checkoff for each hour earned by members of affiliated Local Unions on all members, applicants, and persons paying agency shop or similar fees, as well as the amount specified on each new member admitted, charter fees, rent of office buildings, interest on bank deposits, income from investments, subscribers to and advertisements in the On the Level newspaper, fines, supply sales, and other miscellaneous receipts, as follows:
Construction Local Unions
Carpenter, Millwright, Floorlayer, and Pile Driver Local Unions
Construction Local Unions shall remit a monthly per capita tax to the Provincial Council Secretary-Treasurer. An hourly checkoff, in an amount decided from time to time by membership referendum, shall be payable to the Provincial Council for each hour earned.
Industrial Local Unions
All other Local Unions
Industrial Local Unions shall remit a monthly per capita tax equal to one-third of the combined per capita tax and hourly checkoff paid by the Construction Local Unions.
B An hourly checkoff for each hour earned by members of Construction Local Unions participating in the Strike and Defence Fund in an amount decided from time to time by membership referendum shall be payable monthly from the dues checkoff received. For Industrial Local Unions participating in the Strike and Defence Fund, the monies payable shall be the per capita equivalent of the checkoff payments from the Construction Local Unions.
C In addition, the participant Local Unions in the Strike and Defence Fund shall contribute such additional funds as decided by membership referendum.
D All monies received for the Strike Fund shall be deposited into the Strike and Defence Fund. All strike or special assessments levied shall be collected from the membership by the Local Unions according to the Constitution and Laws of the British Columbia Provincial Council of Carpenters.
E Monies accumulating in any Fund may be invested from time to time, and all returns from such investments shall be credited to such Fund as part thereof. When making investments, at no time shall the cash reserve of the Provincial Council be lower than fifty thousand dollars ($50,000.00).
F Any Local Union three (3) months in arrears in the payment of per capita tax or delinquent in payment of any outstanding Convention registration fees, pool fare assessments, or other amounts owing to the Provincial Council shall not be considered in good standing and shall not be entitled to representation at Convention, a vote on referenda conducted by the Provincial Council, or payments from any Provincial Council Funds except the Carpenters’ Dues Supplement Fund until all arrears are paid, unless the Provincial Council Executive Board or the Convention shall, by vote, exempt the Local Union from remitting the outstanding amounts.
G District Councils and Regional Councils shall be required to pay an annual affiliation fee of fifty dollars ($50.00).
H To offset Convention expenses, a registration fee as decided by the Provincial Council Executive Board is to be paid for each credentialed delegate by the Local Union or District Council he or she represents.

SECTION 17 – GENERAL FUND
A All moneys received for the Provincial Council’s General Fund will be accounted for and recorded accordingly and shall be used to pay salaries and expenses and general sundry and other authorized expenditures of the Provincial Council.
B The Provincial Council President and Secretary-Treasurer shall receive a salary for their services in such amount as may be set by the Provincial Council Executive Board from time to time, but in any event shall not receive less than the maximum rate of pay negotiated through the Construction Local Unions’ contracts, plus necessary travel expenses and the established per diem when away from home.
C The General Fund shall provide for expenses for the Construction Local Unions’ Standard Agreement negotiations such as publicity, rents, and sundry expenses, as approved by the majority of the Provincial Council Negotiating Committee.
D Provincial Council Negotiating Committee members will be reimbursed for expenses and wages for attending negotiating meetings, as decided and approved by the Provincial Council Executive Board.

SECTION 18 – STRIKE AND DEFENCE FUND
A The Provincial Council shall have a Strike and Defence Fund.
B The Strike and Defence Fund is established for the purpose of providing strike and lockout pay in accordance with Section 19 and for the payment of defence costs in accordance with Section 20.
C For the purpose of providing strike and lockout pay, the Strike and Defence Fund shall be administered by the Provincial Council Executive Board. No moneys shall be distributed from this Fund without the sanction of the Executive Board. The amount of entitlement from the Strike Fund to any Local Union or any group of Local Unions shall be determined by the Executive Board. The Executive Board may limit the number of days of strike or lockout pay in accordance with the moneys available.
D Notwithstanding any other provisions of this Constitution, the Provincial Council Executive Board shall have the authority to offer financial assistance to other unions which are involved in protracted disputes with employers, through loans from the Strike and Defence Fund
Loans to other unions will not exceed twenty percent (20%) of the gross assets of the Strike and Defence Fund. At no time will loans be approved to other unions if the Fund would be put in jeopardy to meet all of its obligations to members of affiliated Local Unions and to the Provincial Council.

SECTION 19 – RULES FOR STRIKE PAY
A Strike pay will be paid when members lose their employment as a result of legal strikes, lockouts, or other picket lines recognized by the British Columbia Provincial Council of Carpenters.
B Strike or lockout pay will be paid from the first day of registration following the commencement of a strike or lockout.
C Strike or lockout pay will be paid only to members doing their picket duty or other duties when called upon, and signing the daily strike sheets; such sheets to be provided by the Provincial Council.
D The amount of strike or lockout pay paid per day will be determined as provided for in Section 18 C.
E Strike or lockout pay will be paid for statutory holidays that occur on regular working days and will be paid on a five-day week basis.
F To prove entitlement to strike or lockout pay, the member must produce his or her dues book for examination by the Secretary-Treasurer or such other paymaster as has been appointed to make the strike or lockout payment, who shall examine the dues book to see that the member has paid any strike assessment and is a member in good standing.
G Each Local Union is to establish an Appeals Committee to deal with any disputes arising from claims on entitlement to strike/lockout pay.
H The Provincial Council Executive Board shall be the final level of appeal for the Strike and Defence Fund

SECTION 20 – RULES FOR PAYMENT OF DEFENCE COSTS
A The Provincial Council Executive Board shall have authority to pay from the Strike and Defence Fund on behalf of Local Unions, individually or collectively, that are participating in the Fund, for actions that affect the participants in the Fund, the cost of the following:
1. The wages and expenses of the Provincial Council Legal and Defence Co-ordinator.
2. Conducting campaigns opposing anti-labour legislation.
3. Fighting anti-union employers, including court and legal costs, and making or defending applications to the Labour Relations Board.
4. Pursuing or defending arbitration proceedings arising from a collective agreement.

B Moneys from the Strike and Defence Fund shall not be used for payment of costs incurred in inter-union disputes that involve District Councils or Local Unions affiliated to the Provincial Council.
C The wages and expenses of Provincial Council, District Council, or Local Union officials will be borne by the employing Council or Local Union. Wages and expenses may be paid for rank-and-file members when they are required to attend meetings or hearings in support of the union.
D All disputes which arise under Section 20 A 3 and 4, upon application of a Local Union requiring financial assistance, shall be referred for processing to a committee comprised of the Provincial Council President, Secretary-Treasurer, and Vice-President(s) representing the District Council involved.
E The Provincial Council Executive Board shall have the authority to approve or curtail the actions taken.
F A Local Union or District Council may appeal the decision(s) of the committee named in Section 20 D, first to the Provincial Council Executive Board, and secondly to the Provincial Council Annual Convention.
G The District Council or Local Union officer making the application, wherever possible, shall prepare and present the union’s case, including the obtaining of witnesses and relevant material. Members of the British Columbia Provincial Council of Carpenters shall act as appointees to arbitration boards wherever possible.
H Local Unions which have complied with the above shall be reimbursed for the following:
1. Legal fees and expenses.
2. One-half of the fees and expenses of arbitration board chairpersons.
3. Fees, expenses, and wages of union appointees to and witnesses appearing at arbitration boards.

SECTION 21 – INTEREST ON STRIKE AND DEFENCE FUND
A Unless authorized by the Provincial Council Executive Board, the maximum monies utilized for legal and defence purposes as defined in Section 19 A by the Strike and Defence Fund in any one year shall not exceed fifty percent (50%) of its annual interest income earned the previous fiscal year.
B Fifty percent (50%) of the interest income earned on the Strike and Defence Fund, referred to in Section 20 A, will be based on the audited figure for the previous fiscal year, as at June 30, 1986, and each succeeding year.
C At the end of each fiscal year, after payment of all expenses incurred by the Strike and Defence Fund in accordance with Section 20 A 1, 2, 3 and 4, the balance of the fifty percent (50%) of the annual interest income earned on the Fund for the previous year will be transferred to the Provincial Council Contingency Fund.
D At the end of each fiscal year, the balance of the interest income earned on the Strike and Defence Fund, other than that referred to in Section 20 A, will be distributed on the following basis:
1. Forty percent (40%) of the total interest earned on the Fund for the previous year to be transferred to a fund for distribution to the Local Unions participating in the Strike Fund, based on their total membership figures for each month. Such moneys are to assist in maintaining the Local Unions and to fund Local Union organizing programs.
2. Ten percent (10%) of the total interest earned on the Fund for the previous year to be transferred to the Provincial Council Contingency Fund.

SECTION 22 – CONTINGENCY FUND
A The Provincial Council Contingency Fund will be utilized to fund expenditures including but not limited to the following:
• stabilizing Provincial Council finances;
• special organizing programs;
• programs authorized by the Provincial Council Executive Board;
• presentations and briefs to government on issues of concern; e.g.: labour legislation, apprenticeship, fair wages;
• education and seminars;
• public relations campaigns and advertising;
• campaign donations.
B All decisions regarding the use of the Provincial Council Contingency Fund will be made by the Provincial Council Executive Board in consultation with and by recommendation of the Provincial Council Negotiating Committee.

SECTION 23 – CARPENTRY WORKERS’ BENEFIT PLAN
A The British Columbia Provincial Council of Carpenters shall at all times be the custodian of the Carpentry Workers Benefit Plan of British Columbia, as provided for in the Provincial Council of Carpenters’ Standard Agreement and the Carpentry Workers’ Welfare Plan of British Columbia Agreement and Declaration of Trust.
B There shall be seven Trustees, appointed by the Provincial Council Executive Board.
C The Trustees shall have a term of office of three years, and shall be rotated as provided herein and shall be selected from the six areas of the province, as follows:
Group A Area 1: Central British Columbia District Council;
Area 2: Vancouver, New Westminster and Fraser Valley District Council;
Area 3: Northwest British Columbia District Council.
(Commencing rotation date: September 1, 1992)
Group B Area 4: Vancouver Island District Council;
Area 5: Okanagan District Council.
(Commencing rotation date: September 1, 1993)
Group C Area 6: Vancouver, New Westminster and Fraser Valley District Council;
Area 7: Kootenay District Council.
(Commencing rotation date: September 1, 1994)
D Selection of a Trustee shall be the responsibility of the respective area prior to the expiry date of the term of office of the Trustee for that area. All Trustees selected must be from within the respective area.
E Each District Council shall be responsible for reporting to the Provincial Council Executive Board the name of the person elected as the Plan Trustee representing their respective area. The Executive Board shall make the appointment as provided for in the Carpentry Workers’ Benefit Plan of British Columbia Agreement and Declaration of Trust.
F Any District Council may make a written application to the Provincial Council Executive Board to recall their union Trustee of the Carpentry Workers’ Benefit Plan. The Provincial Council Executive Board shall investigate the application and by a majority decision resolve the question.
G The Trustees shall have power and authority to accept into the Plan any other Local Union affiliated to the Council which makes an application to join the Plan, provided such Local Union meets with qualifications set out in the Plan and complies with the terms of the Carpentry Workers’ Benefit Plan of British Columbia Agreement and Declaration of Trust, and provided the application has had the approval of the Provincial Council Executive Board.

SECTION 24 – CARPENTRY WORKERS’ PENSION PLAN
A The British Columbia Provincial Council of Carpenters shall at all times be the custodian of the Carpentry Workers’ Pension Plan of British Columbia, as provided for in the Provincial Council of Carpenters’ Standard Agreement and the Carpentry Workers’ Pension Plan of British Columbia Agreement and Declaration of Trust.
B The Trustees appointed and selected as provided in Sections 23 B and C of this Constitution and Laws shall be designated as the Trustees of the Carpentry Workers’ Pension Plan of British Columbia.

SECTION 25 – CARPENTERS’ DUES SUPPLEMENT FUND
A The British Columbia Provincial Council of Carpenters shall at all times be the custodian of the Carpenters’ Dues Supplement Fund, as provided for in the Provincial Council of Carpenters’ Standard Agreement and the Carpenters’ Dues Supplement Fund Trust Deed.
B The Carpenters’ Dues Supplement Fund is specifically established to supplement the basic dues structure of each Construction Local Union party to the Provincial Council of Carpenters’ Standard Agreement. Payments from the Fund shall be made monthly, based on the number of members shown on the Head Office report less those suspended, deceased or issued withdrawals; retired; or normally employed under agreements not providing for checkoff to the Carpenters’ Dues Supplement Fund (e.g.: floorlayers, shop workers). The amount of the monthly payment will be decided by the Provincial Council of Carpenters’ Executive Board, approved on recommendation of the Board of Trustees of the Fund.
C The Provincial Council of Carpenters shall have authority to make payments from the Carpenters’ Dues Supplement Fund of such additional moneys collected, through the checkoff, which are for purposes other than those of the Dues Supplement Fund. Payments will be made to the Provincial Council’s General Fund and the Provincial Council Strike and Defence Fund, of such amounts as may be endorsed at Convention and by referendum votes of the membership of the Local Unions party to the British Columbia Provincial Council of Carpenters’ Standard Agreement.
D The payments from the Fund to the eligible participating Local Unions shall be as decided by the Provincial Council Executive Board and the Fund’s Board of Trustees from time to time, in accordance with Section 25 B.
E Based on the experience of the Fund, the Fund’s Board of Trustees and the Provincial Council Executive Board are authorized to adjust the payments to the Local Unions by increasing or decreasing them. The Fund’s operation is to be reviewed each year at the Provincial Council Convention.
F Each month, participating Local Unions shall be required to complete and submit to the Provincial Council the approved Dues Supplement report form, along with a copy of their Head Office invoice for the related month.
G Local Unions shall be required to assist in the obtaining from each member of written authorization for a dues supplement checkoff, in conformity with the Labour Code, if such authorizations are necessary.
H Local Unions shall have the responsibility of establishing their basic dues as needed, and may require members on whose behalf contributions are not being made to the Dues Supplement Fund to pay an amount greater than basic dues.
I There shall be seven Trustees. Trustees shall have a term of office for a period of three years, and shall be rotated as provided herein and shall be selected from the six areas of the province, as follows:
Group A Area 1: Central British Columbia District Council;
Area 2: Vancouver, New Westminster and Fraser Valley District Council.
Area 3: Northwest British Columbia District Council.
(Commencing rotation date: September 1, 1992)
Group B Area 4: Vancouver Island District Council;
Area 5: Okanagan District Council.
(Commencing rotation date: September 1, 1993)
Group C Area 6: Vancouver, New Westminster and Fraser Valley District Council;
Area 7: Kootenay District Council.
(Commencing rotation date: September 1, 1994)
J Each area shall elect one Trustee, with the exception of the Lower Mainland, which shall elect two Trustees.
K Election of a Trustee shall be the responsibility of the respective area prior to the expiry date of the term of office of the Trustee for that area. All Trustees selected must be residents from within the respective areas.
L Each District Council shall be responsible for reporting to the Provincial Council Executive Board the name of the person elected as the Fund Trustee representing their respective area. The Executive Board shall make the appointment as provided for in the Carpenters’ Dues Supplement Fund Trust Deed.
M Any District Council may make a written application to the Provincial Council Executive Board to recall their Trustee of the Carpenters’ Dues Supplement Fund. The Provincial Council Executive Board in session shall investigate the application and by a majority decision resolve the question as they may deem necessary.
N Should a vacancy or vacancies occur on the Board of Trustees, the remaining members shall have the authority to administer the affairs of the Fund.
O The Trustees shall delegate wholly or in part administrative responsibilities for all receipts and disbursements from the Fund to the Provincial Council of Carpenters’ Secretary-Treasurer, or to any other union agency that may be established to assure minimum duplication and minimum administrative expenditures.
P Only actual administrative expenses will be paid from the Fund to the Provincial Council or any other union agency for carrying out affairs of the Fund.
Q The Trustees shall be responsible for an annual examination of the Fund’s books and financial records after the close of the Fund’s fiscal year. They shall receive remuneration from the Fund for reasonable and necessary expenses incurred in the performance of their duties.

SECTION 26 – CARPENTRY APPRENTICESHIP AND TRAINING COMMITTEE
A The British Columbia Provincial Council of Carpenters shall at all times be the custodian on the Union’s behalf of the Carpentry Apprenticeship and Training Committee Agency Agreement.
B There shall be seven Committee members appointed by the Provincial Council Executive Board.
C The Committee members shall have a term of office of three years, and shall be rotated as provided herein and shall be selected from the six areas of the province, as follows:
Group A Area 1: Central British Columbia District Council;
Area 2: Vancouver, New Westminster and Fraser Valley District Council;
Area 3: Northwest British Columbia District Council.
(Commencing rotation date: September 1, 1992)
Group B Area 4: Vancouver Island District Council;
Area 5: Okanagan District Council.
(Commencing rotation date: September 1, 1993)
Group C Area 6: Vancouver, New Westminster and Fraser Valley District Council;
Area 7: Kootenay District Council.
(Commencing rotation date: September 1, 1994)
D Each area shall elect one Committee member, with the exception of the Lower Mainland, which shall elect two Committee members.
E Election of a Committee member shall be the responsibility of the respective area prior to the expiry date of the term of office of the Committee member for that area. All Committee members selected must be residents from within the respective areas.
F Each District Council shall be responsible for reporting to the Provincial Council Executive Board the name of the person elected as the committee member representing their respective area. The Executive Board shall make the appointment as provided for in the Carpentry Apprenticeship and Training Committee Agency Agreement.
G Any District Council may make a written application to the Provincial Council Executive Board to recall their Committee member of the Carpentry Apprenticeship and Training Committee. The Provincial Council Executive Board in session shall investigate the application and by a majority decision resolve the question as they may deem necessary.
H The Provincial Council Executive Board may request the union members on the Committee to take specific action, provided the action requested is within the power granted to the Committee members under the Carpentry Apprenticeship and Training Committee Agency Agreement.
The union Committee members shall study each such request and as soon as possible send a written reply to the Provincial Council Executive Board. Such reply shall indicate either that the request has been or will be implemented, or give reasons why the union Committee members feel it should not be implemented.
The Provincial Council Executive Board may at any time request a meeting with the union Committee members, and the union Committee members may at any time request a meeting with the Provincial Council Executive Board.
I Union Committee members shall not act as employees of the Carpentry Apprenticeship and Training Committee. In the event a Committee member decides to accept employment with the Carpentry Apprenticeship and Training Committee, he or she shall first of all submit his or her resignation as a Committee member, in writing, to the Provincial Council Executive Board and the District Council which selected him or her.

SECTION 27 – CARPENTER-LATHER JOINT ADVISORY AND APPRENTICESHIP COMMITTEE
A The British Columbia Provincial Council of Carpenters shall at all times be the custodian on the union’s behalf of the Carpenter-Lather Joint Advisory and Apprenticeship Committee.
B There shall be eight Committee members, appointed by the Provincial Council Executive Board.
C The Committee members shall have a term of office for a period of three years, and shall be rotated as provided herein and shall be selected from the areas of the province, as follows:
Group A Area 1: Central British Columbia District Council;
Area 2: Vancouver, New Westminster and Fraser Valley District Council;
Area 3: Northwest British Columbia District Council.
(Commencing rotation date: September 1, 1992)
Group B Area 4: Vancouver Island District Council;
Area 5: Okanagan District Council.
(Commencing rotation date: September 1, 1993)
Group C Area 6: Vancouver, New Westminster and Fraser Valley District Council;
Area 7: Kootenay District Council
(Commencing rotation date: September 1, 1994)
D Each area shall elect one Committee member, with the exception of the Lower Mainland, which shall elect two Committee members. In addition, the Provincial Council of Carpenters shall appoint one additional Committee member.
E Election of a Committee member shall be the responsibility of the respective areas prior to the expiry date of the term of office of the Committee member for that area. All Committee members selected must be residents from within the respective areas.
F Each District Council shall be responsible for reporting to the Provincial Council Executive Board the name of the person elected as the committee member representing their respective area. The Executive Board shall make the appointment as provided for in the Carpenter-Lather Joint Advisory and Apprenticeship Committee Agreement.
G Any District Council may make a written application to the Provincial Council Executive Board to recall their Committee member of the Carpenter-Lather Joint Advisory and Apprenticeship Committee. The Provincial Council Executive Board in session shall investigate the application and by a majority decision resolve the question as they may deem necessary.
H The Provincial Council Executive Board may request the union Committee members to take specific action provided the action requested is within the power granted to the Committee members under the Trust Agreement.
The union Committee members shall study each such request and as soon as possible send a written reply to the Provincial Council. Such reply shall indicate either that the request has been or will be implemented, or give reasons why the union Committee members feel it should not be implemented.
The Provincial Council Executive Board may at any time request a meeting with the union Committee members, and the union Committee members may at any time request a meeting with the Provincial Council Executive Board.
I Union Committee members shall not act as employees of the Carpenter-Lather Joint Advisory and Apprenticeship Committee. In the event a Committee member decides to accept employment with the Carpenter-Lather Joint Advisory and Apprenticeship Committee, he or she shall first of all submit his or her resignation as a Committee member, in writing, to the Provincial Council Executive Board and to the District Council which selected him or her.

SECTION 28 – JURISDICTION AND POWERS OF LOCAL UNIONS
A Local Unions where no District Council or Regional Council exists shall be governed by applicable uniform bylaws and shall have the power to make laws and trade rules which in no way conflict with the Constitution and Laws of the British Columbia Provincial Council of Carpenters, and must be approved by the membership of the Local Union involved and the Provincial Council Executive Board before becoming law. They shall be filed with the Provincial Council; likewise, all future amendments must be submitted and filed. Such Local Unions shall have the power to conduct trials of members who have been charged with violating the Constitution and Laws or violating the Trade Rules in the Local Union when such violations occur within the Local Union’s jurisdiction, and to impose such penalties as they may deem the case requires, subject to Sections 53 and 54 and the right of appeal under Section 55. Local Unions cannot debar their members from working for contractors or for employers who are not connected with the Employers’ or Builders’ Association, nor shall Local Unions affiliate with any central organization whose Constitution and Bylaws conflict with those of the British Columbia Provincial Council of Carpenters.
B At any regular or special meeting of the membership of a Local Union, District Council, or Regional Council duly called for the transaction of any business, those present shall constitute a quorum, provided seven (7) or more members are present. For any regular or special meeting of the Executive Committee of a Local Union, District Council, or Regional Council, those present shall constitute a quorum, provided a majority of the members of the Executive Committee are present. The terms special meeting and special-called meeting shall have the same meaning. Members must be notified of special meetings in writing, sent to their last known addresses, stating the date, time, and place of the meeting and the business to be transacted. Special meetings may be held in conjunction with regular meetings.
C Local Unions shall have power to regulate and make payment of sick donations only by an established Bylaw of the Local Union.
D In communities where there is not a sufficient number of persons eligible to membership in the British Columbia Provincial Council of Carpenters to form a Local Union, the Representative or some other person designated by the Provincial Council Executive Board shall have the power to initiate applicants in such localities and provide such members with Dues Books, Constitutions, etc. Members so initiated shall be under the jurisdiction of and shall pay dues to the Local Union designated by the Provincial Council Executive Board.
E Each Local Union is responsible for the carelessness or negligence of its officers.
F The geographical jurisdiction of any Local Union, District Council, or Regional Council may not be changed without the written approval of the Provincial Council Executive Board.

SECTION 29 – JURISDICTION AND POWERS OF DISTRICT COUNCILS AND REGIONAL COUNCILS
A Where there are two or more Local Unions located in one city, they must be represented in a District Council or Regional Council unless otherwise determined by the British Columbia Provincial Council of Carpenters’ Executive Board. District Councils and Regional Councils shall be composed exclusively of Delegates from Local Unions of the British Columbia Provincial Council of Carpenters. They shall be governed by applicable uniform District Council or Regional Council Bylaws and shall have the power to make laws and Trade Rules that in no way conflict with the Constitution and Laws of the British Columbia Provincial Council of Carpenters and which are approved by the Local Unions and the Provincial Council Executive Board. The British Columbia Provincial Council of Carpenters shall have power to order such Local Unions to affiliate with such District Council or Regional Council, and to determine the jurisdictional area and trade autonomy of such District Council or Regional Council, subject to appeal to the Provincial Council Executive Board.
B District Councils may be formed in localities other than in cities where two or more Local Unions in adjoining territory request it. No Local Union shall affiliate with or withdraw from such a District Council without the approval of the majority membership vote of the Local Union at a special-called meeting and the approval of the Provincial Council Executive Board. District Councils so formed shall be governed by applicable uniform District Council Bylaws and shall have power to make laws and Trade Rules that in no way conflict with the Constitution and Laws of the British Columbia Provincial Council of Carpenters and that are approved by the Local Unions and the Provincial Council Executive Board.
C The British Columbia Provincial Council of Carpenters may authorize and charter Regional Councils to be composed of two or more District Councils, subject to the majority vote of the membership affected. Regional Councils shall be governed by applicable uniform Regional Council Bylaws and shall have power to make laws and Trade Rules that in no way conflict with the Constitution and Laws of the British Columbia Provincial Council of Carpenters and which are approved by the Local Unions and the Provincial Council Executive Board.
D When a Regional Council is established, its existence shall supersede that of the District Councils comprising it, and those District Councils shall be dissolved. The Regional Council then shall assume all power and authority formerly held by those District Councils. All provisions in this Constitution and Laws applicable to District Councils shall apply equally to Regional Councils.
E An annual audit/financial review shall be conducted at the Local Union, District Council, and Regional Council levels. A copy of the audit/financial review will be forwarded to the British Columbia Provincial Council of Carpenters in a timely manner. The audit/financial review will be made available to members of said Local Union upon request.
F The jurisdiction of the District Council or Regional Council shall be provided for by the Constitution and Laws of the British Columbia Provincial Council of Carpenters and named in their charter. The title to all property of the District Council or Regional Council shall be held in the name of the Trustees of the District Council or Regional Council and/or their successors in office. District Councils and Regional Councils having annual receipts amounting to one hundred thousand dollars ($100,000.00) or more from all sources shall engage a certified or chartered accountant for periodic audits, but not less than once a year. District Councils and Regional Councils having annual receipts of less than one hundred thousand dollars ($100,000.00) from all sources shall engage a certified or chartered accountant or a competent person with knowledge of bookkeeping at arms’ length from the union for periodic audits/financial reviews, but not less than once a year. Such audits/financial reviews shall be examined by the Trustees for comparison with the Trustees’ audits, and the Trustees shall report their conclusions in writing to the District Council or Regional Council and to the British Columbia Provincial Council of Carpenters.
G A District Council or Regional Council shall have the power to conduct trials of members of Local Unions within its jurisdiction who have been charged with violating the Constitution and Laws, violating the District Council or Regional Council Bylaws and/or Trade Rules, or violating the Trade Rules of a Local Union when such violation occurs within the jurisdiction of the District Council or Regional Council, and to impose such penalties as they may deem the case requires, subject to Sections 53 and 54 and the right to appeal under Section 55. District Councils and Regional Councils shall not affiliate with any central organization whose Constitution or Bylaws conflict with those of the British Columbia Provincial Council of Carpenters.

SECTION 30 – JURISDICTION OF PROVINCIAL COUNCIL
A The British Columbia Provincial Council of Carpenters shall be the central governing body and shall have legislative and executive powers on all matters relating to the general interest and welfare of affiliated Local Unions and their members.
B The title to all property of the British Columbia Provincial Council of Carpenters shall be held in the name of the Trustees of the British Columbia Provincial Council of Carpenters and/or their successors. When having receipts amounting to one hundred thousand dollars ($100,000.00) or more from all sources, the Provincial Council shall engage a certified or chartered accountant for periodic audits, but not less than once a year, and such audits shall be examined by the Trustees for comparison with the Trustees’ audits. The Trustees shall report their conclusions in writing to the British Columbia Provincial Council of Carpenters and the succeeding Convention.

SECTION 31 – ADMISSION OF LOCAL UNIONS
A Applicants who wish to organize a Local Union may apply to the British Columbia Provincial Council of Carpenters’ Secretary-Treasurer and send fifty dollars ($50.00) for the outfit necessary for the institution of a Local Union. Issuance of a charter shall be discretionary with the Provincial Council Executive Board, under Section 8 A. If, after investigation, issuance of a charter is approved, the Provincial Council Secretary-Treasurer shall forward charter and complete outfit according to the Constitution and Laws of the British Columbia Provincial Council of Carpenters. The outfit shall consists of the following articles: Seal, Ritual, Gavel, Minute Book, Ledger, Day Book, Treasurer’s Cash Book, Recording Secretary’s Order Book, Financial Secretary’s Receipt Book, Treasurers’ Receipt Book, pad of Official Letterheads, pad of Applications, twenty-five (25) Dues Books, twenty-five (25) Constitutions, and any other items deemed necessary by the British Columbia Provincial Council of Carpenters.
B More than one Local Union may be chartered in the same locality, provided the jurisdiction of an existing Local Union is not overlapped.

SECTION 32 – SUSPENDED AND LAPSED LOCAL UNIONS AND COUNCILS
A If at any time a Local Union, District Council, Regional Council, or other subordinate body should lapse, dissolve, be suspended or be expelled for just cause, all property, books, charter, and funds held by or in the name of or on behalf of said Local Union, District Council, Regional Council, or other subordinate body must be forwarded immediately to the British Columbia Provincial Council of Carpenters’ Secretary-Treasurer for such use or disposition in the interests of the membership of said Local Union, District Council, or Regional Council as the British Columbia Provincial Council of Carpenters in the exercise of their discretion may direct.
B The officers and members of said Local Union will be held responsible for compliance with the above section within thirty days after such dissolution, suspension, or expulsion, under penalty of being prosecuted by law, and forfeiture of membership and donation in this British Columbia Provincial Council of Carpenters.
C A member of a lapsed or suspended Local Union, if in good standing, and in payment of any dues or assessments then unpaid, can take a transfer card to a Local Union affiliated to the British Columbia Provincial Council of Carpenters upon application to the Provincial Council Secretary-Treasurer, who shall issue same. Said transfer card can be sent by mail to said Local Union and shall be accepted without requiring the personal attendance of the member.

SECTION 33 – NOMINATION, ELECTION AND APPOINTMENT IN SUBORDINATE BODIES
A The officers of a Local Union shall be a President, Vice-President, Recording Secretary, Financial Secretary, Treasurer, Conductor, Warden, and three Trustees. The officers shall constitute the Executive Committee of the Local Union. A Business Representative who is not a member of the Executive Committee shall attend the meetings of the Executive Committee with voice but without vote. No member may hold more than one office or be a candidate for more than one office in a regular election in the same subordinate body, unless dispensation to combine two or more offices is or has been granted by the British Columbia Provincial Council of Carpenters’ Executive Board. In elections held to fill vacancies, a member who holds an office must resign said office in writing before accepting nomination as a candidate for another office in the same subordinate body (unless the offices are combined by dispensation), and all existing vacancies, including those left by such resignations, shall be filled by the same nominations and election. Neither the President, Treasurer, Financial Secretary, nor Recording Secretary can act as Trustee.
B Every Local Union, District Council, or Regional Council whose members are employed in the construction industry shall have a full-time Executive Officer or Business Representative and such Assistant Business Representatives and/or Organizers as may be necessary. Where Local Unions are affiliated with a District Council or Regional Council, the services of such full-time Business Representative and Assistant Business Representatives and/or Organizers may be provided by and through the District Council or Regional Council. Where employment of a full-time Business Representative would be an undue financial burden upon any Local Union not affiliated with a District Council or Regional Council, or where conditions in an area permit, two or more Local Unions having jurisdiction in adjacent areas may agree to employ one Business Representative and such Assistant Business Representatives and/or Organizers as may be necessary to service their members. Every Industrial Local Union shall have a full-time Executive Officer or Business Representative if determined by the Provincial Council Executive Board to be necessary. Where Industrial Local Unions are affiliated with a District Council or Regional Council, the services of such full-time Business Representative may be provided by and through the District Council or Regional Council. All Business Representatives shall be required to participate in any training program for Business Representatives which shall be established by the British Columbia Provincial Council of Carpenters’ Executive Board, and all Organizers shall be required to participate in any training program for Organizers that may be designated by the Provincial Council Executive Board. Where there are two or more Business Representatives representing a Local Union, District Council, or Regional Council, provision shall be made for the designation of one elected Business Representative, who shall be in charge unless working under a full-time Executive Officer of the Local Union, District Council or Regional Council designated to have authority over personnel. Business Representatives and Assistant Business Representatives may be elected or appointed by Local Unions, District Councils, or Regional Councils. The qualifications of Business Representative and Assistant Business Representative of a subordinate body, whether elected or appointed, shall be governed by the provisions of this Section.
C The regular terms of elected Officers, Business Representatives, and Assistant Business Representatives shall be three (3) years in Local Unions and three (3) years in District Councils and Regional Councils. An appointed Business Representative or Assistant Business Representative shall serve at the discretion of the Local Union, District Council, or Regional Council unless a specific term is established at the time of appointment or by the Local Union, District Council, or Regional Council Bylaws. The compensation of an Officer, Business Representative, or Assistant Business Representative in effect at the time of nomination or appointment shall not be reduced during the term for which elected or appointed without his or her consent; provided, however, and notwithstanding the provisions of Section 33 C or prior action of a Local Union or Council designating the term of an appointee, the term for which an Officer or Representative is elected or appointed may be reduced or terminated, or the compensation therefor reduced, for valid economic reasons, subject to the approval of the President of the British Columbia Provincial Council of Carpenters, whose decision may be appealed to the Provincial Council Executive Board under Section 55 G. All elected positions in Local Unions, District Councils, and Regional Councils, including representatives/trustees to provincial plans and committees, shall be declared vacant at the end of the three-year term. If an election is not held within the prescribed time, the Provincial Council Executive Board shall have the authority to make pro tem appointments to fill all such vacancies. The term of such pro tem appointments shall not exceed six months. The Provincial Council Executive Board shall ensure that elections are held within the six-month period. All costs incurred by the Provincial Council to conduct such elections shall be borne by the Local Union, District Council, or Regional Council involved, and will constitute a preferred claim, payable prior to their per capita tax.
D A member who is receiving a pension from a Local Union pension plan or the Carpentry Workers’ Pension Plan cannot hold office or be nominated for office, Business Representative, or Delegate. A member cannot hold office or be nominated for office, Business Representative, or Delegate unless present, except that the member is in the anteroom on authorized business or out on official business, or prevented by accident, sickness, or other substantial reason accepted by the Local Union or Council from being present. The member shall not be eligible to hold office unless working for a livelihood in a classification within the autonomy of the British Columbia Provincial Council of Carpenters as defined in Section 5 or in employment which qualifies him or her for membership, or is depending on the trade for a livelihood, or is employed by the organization as a full-time Officer or Representative; provided, further, that members who are life members, apprentices, trainees, or probationary employees shall not be eligible unless dispensation has been granted by the Provincial Council Executive Board. To be eligible to serve in any such capacity, the member must have been twelve (12) consecutive months a member in good standing immediately prior to nomination in the Local Union, and a member of the British Columbia Provincial Council of Carpenters for two (2) consecutive years immediately prior to nomination, unless the Local Union has not been in existence the time herein required, and must remain a member in good standing at all times in order to remain in the position to which he or she is elected or appointed. A member who retires after being elected must resign the position for which they were elected. Contracting members are not eligible to hold office, nor shall a member who has been a contracting member until six months have elapsed following notification in writing by the member to his or her Local Union that he or she has ceased contracting. A contracting member is anyone who has his or her name or the name of a company of which they are a principal appear on a bid list.
E Nomination of Officers, Delegates, and elected Business Representatives and Assistant Business Representatives shall take place in May, and the election shall take place in June. All members shall be notified by mail of the time, date, and place of the nomination meeting, and the notice shall specify all offices to be filled. Notice shall be by letter or postcard, and must be sent to the members’ last known addresses as reported to the Recording Secretary under Section 48 F. Notice in newspapers or similar publications shall not constitute proper notice, but may be used as a supplementary notice. Members shall receive not less than fifteen days’ notice of nominations and elections, and where a combined notice is used it shall be mailed not less than thirty days prior to the date of the election. Notices of nomination and election shall be mailed not more than sixty days prior to the date of such nominations and/or election. This Section shall apply to District Council and Regional Council elections in which candidates are voted for by the members of the affiliated Local Unions. Where District Council or Regional Council officers or Business Representatives are to be elected by delegates to the Council in any year in which the affiliated Local Unions hold regular election of such delegates, the election of District Council or Regional Council officers shall be by the incoming delegates and not by the outgoing delegates.
F The election of Officers and elected Business Representatives shall be by secret ballot. Ballots shall be prepared in advance, listing the names of all candidates nominated for election. The nominees receiving a plurality of votes shall be declared elected. Mail-in ballots shall be permitted only with dispensation from the Provincial Council Executive Board. The written request must be submitted for dispensation to the Provincial Council Executive Board ninety days prior to election.
G All elections shall be conducted by an Election Committee appointed by the President of the Local Union. No nominee for office or Business Representative shall be eligible to serve on such committee. The Financial Secretary shall be available with all necessary records to establish eligibility of members to be nominated for and to hold office and to vote in any election. If more than one polling place is used, a list of eligible members shall be available at each location. The Election Committee shall tabulate the vote and report to the Local Union. The Chairperson of the Election Committee shall declare the result of the balloting and announce the name of the elected candidate. When voting machines are used, the Tellers shall examine the machines before the start of the voting to see that they are properly set. A candidate, or his or her observer, also may examine the machines in conjunction with the Tellers. After the polls have closed, the Tellers shall review the result of the election, fill out and sign the teller sheets giving the names of the candidates and total votes received by each; the sheets are to be held in safekeeping by the Recording Secretary. The Recording Secretary shall preserve all ballots, used and unused, and all records pertaining to the election for one year following the date of the election.
H A qualified candidate for office shall be permitted to examine the membership list containing the names and addresses of all the members once within thirty days prior to the election, and a Local Union or Council shall honour reasonable requests from candidates to have their campaign literature mailed by the Union at the candidates’ expense. A candidate for office may designate a member in good standing as an observer at the poll and tabulation of the ballots. More than one observer may be appointed by each candidate, as needed to adequately observe the polls and tabulation. Observers must be members in good standing. The Election Committee shall determine the number of observers permitted in each election.
I The installation of Officers shall take place on the first meeting in July. In case an officer does not appear for installation within two regular meetings thereafter, the office must be declared vacant. All Local Unions and Councils shall provide the British Columbia Provincial Council of Carpenters an accurate and current listing of their Officers and Representatives immediately following their election or appointment, on forms provided for this purpose, and shall notify the British Columbia Provincial Council of Carpenters by letter of any interim changes.
J A Local Union or Council may adopt a Bylaw providing that an Officer or Representative duly nominated and elected in accordance with the Constitution and Laws shall, by virtue of the office, be a delegate to the Convention of the British Columbia Provincial Council of Carpenters or any other subordinate body with which the Local Union or Council is affiliated. The notices of nominations and election, and the ballot, must advise the members that the candidate elected to the office or position will be a delegate to the Convention of the British Columbia Provincial Council of Carpenters or other subordinate body.

SECTION 34 – VACANCIES IN LOCAL UNION, DISTRICT COUNCIL, AND REGIONAL COUNCIL OFFICES
A If any Officer fails to discharge the duties of the office for three meetings within a twelve-month period, without satisfactory excuse, the office shall be declared vacant by the President. This provision also shall apply to the position of Business Representative and Delegate. Failure to attend an Executive Committee, regular or special-called meeting without satisfactory excuse shall constitute failure to discharge duties of the office at that meeting.
B When vacancies occur in any elective office or in the position of Business Representative, the Executive Board may appoint a qualified member to fill the vacancy pro tem, until such time as appropriate notices are sent to the membership for the holding of an election to fill the vacancy. The appointment may not last longer than six months; before the end of six months an election must be held or special dispensation obtained from the British Columbia Provincial Council of Carpenters to continue with the appointment or to combine offices.
C Any Officer or Business Representative may be removed after being found guilty after due trial upon charges preferred in conformity with Sections 53 and 54 of the British Columbia Provincial Council of Carpenters’ Constitution and Laws.
D In the absence of both the President and the Vice-President, the Recording Secretary shall call the meeting to order, and those present shall elect a Chairperson pro tem.
E Any Local Union, District Council, or Regional Council Officer, elected Business Representative, Delegate, or committee member who applies for and is issued a Transfer Card from his or her Local Union shall be deemed thereby to have resigned his or her office or position immediately.

SECTION 35 – PENSIONERS’ ASSOCIATIONS
A In recognition of the valuable contribution that retired members can continue to make to the British Columbia Provincial Council of Carpenters, the Provincial Council encourages Local Unions to form pensioners’ associations, and invites them to send observers to Provincial Council Conventions.

SECTION 36 – RIGHT TO RECALL
A A Resident Officer of the British Columbia Provincial Council of Carpenters will be subject to a recall referendum at any time by a petition of at least twenty-five percent (25%) of the membership of all the chartered Local Unions of the Provincial Council and endorsed by at least twenty-five percent (25%) of the chartered Local Unions. To be endorsed by an affiliated Local Union, the said question must be passed by a two-thirds majority at a special-called meeting. The Provincial Council shall have ballots printed and circulated by registered mail to all affiliated Local Unions for a referendum ballot within thirty-one (31) days of the receipt of said petition by the Provincial Council Secretary-Treasurer. The referendum ballot shall be conducted by the Local Union in accordance with the Provincial Council Constitution and Laws within forty (40) days of the receipt of the ballots. If a Local Union does not conduct the referendum ballot, then the Provincial Council will have the right to conduct the referendum ballot. All costs incurred by the Provincial Council to conduct the said referendum ballot shall be borne by the Local Union(s) that did not conduct the referendum, and will constitute a preferred claim, payable prior to their per capita tax. A two-thirds majority of the votes cast, at special-called meetings, shall be necessary to recall the Officer. All votes cast shall be counted within five (5) days of the last balloting.
B An Officer or Business Representative of a Local Union will be subject to a recall referendum at any time a petition of at least twenty-five percent (25%) of the Local Union’s membership is endorsed by the Local Union’s Executive Committee. A two-thirds majority of the votes cast at a special-called meeting shall be necessary to recall the Officer or Business Representative.
C An Officer or Delegate of the District Council or Regional Council may be recalled at any time by a petition of at least twenty-five percent (25%) of the membership of all the chartered Local Unions within the District Council or Regional Council and endorsed by at least twenty-five percent (25%) of the chartered Local Unions within the District Council or Regional Council. To be endorsed by an affiliated Local Union, the said question must be passed by a two-thirds majority at a special-called meeting. The District Council or Regional Council shall have ballots printed and circulated, by registered mail, to all affiliated Local Unions for a referendum ballot within thirty-one (31) days of receipt of said petition by the Secretary-Treasurer. The referendum shall be conducted in accordance with the British Columbia Provincial Council of Carpenters’ Constitution and Laws within forty (40) days. If a Local Union does not conduct the referendum ballot, the District Council or Regional Council will have the right to conduct the referendum ballot. All costs incurred by the District Council or Regional Council to conduct the referendum ballot shall be borne by the Local Union(s) that did not conduct the referendum, and shall constitute a preferred claim, payable prior to their per capita tax. A two-thirds majority of the votes cast, at special-called meetings, shall be necessary to recall the Officer or Delegate. All ballots cast will be counted within five (5) days of the last balloting.
D Only eligible members in good standing as per Section 33 D will vote in recall balloting.
E A vacancy as a result of recall in the positions named above shall be filled within thirty (30) days of the counting of the ballots.

SECTION 37 – DUTIES OF PRESIDENT IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
A The President shall preside at all meetings, preserve order and enforce the Constitution and Laws of the British Columbia Provincial Council of Carpenters, and shall decide all questions of order, subject to an appeal to the Local Union. The President shall determine all questions of eligibility for office, subject to an appeal to the Provincial Council Executive Board under Section 55 G. The President shall have the deciding vote in case of a tie, except in cases of a secret ballot vote, and shall sign all orders on the Treasurer authorized by the Local Union. The President shall be an ex-officio member of all committees in the Local Union.
B The President shall appoint all committees or such other officers as may be necessary, unless otherwise ordered, shall have the power to order the Recording Secretary to call special meetings when requested in writing by five members in good standing, shall see that bonds are procured for Officers, and shall perform such other duties as are required by the office. Members must be notified of special meetings in writing, sent to their last known addresses, stating the date, time, and place of the meeting and the business to be transacted. No business not stated in the notice shall be transacted. Special meetings may be held in conjunction with regular meetings.
C Any member entering the meeting in a state of intoxication, or who disturbs the harmony thereof, or uses profane or unbecoming language during the meeting shall be admonished by the Chair. If the member again offends, he or she shall be excluded from the room. The fact that a member is admonished or excluded from the room under this Section shall not constitute a bar to the filing and processing of charges against the member based on his or her conduct at the meeting. A visiting member shall be subject to these Laws. The Chairperson shall strictly enforce this Section.

SECTION 38 – DUTIES OF VICE-PRESIDENT IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
A The Vice-President shall assist the President in the discharge of the official duties, and shall fill the office in case of absence, death, removal, or resignation of the President until such time as a President is elected.

SECTION 39 – DUTIES OF RECORDING SECRETARY IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
A The Recording Secretary shall keep the correct minutes of each meeting, shall read and preserve all documents and correspondence, shall issue all summons for special meetings; shall have charge of the seal and affix the same to all official documents; shall draw and sign all legal orders on the Treasurer; and shall conduct all official correspondence. Minutes of meetings shall be safely preserved as a permanent record of the Local Union, in a form approved by the British Columbia Provincial Council of Carpenters’ Executive Board.
B The Recording Secretary shall send a list of the names and addresses of all new officers to the Provincial Council Secretary-Treasurer; also, of all charges; shall report to the Local Union the expenditures at the close of each meeting; and shall perform such other duties as the Local Union may direct, or as prescribed in the Constitution and Laws of the British Columbia Provincial Council of Carpenters.
C The Recording Secretary, when properly instructed, shall notify all members of the Local Union to present their Dues Books to the Trustees during the first month of each quarter for the purpose of comparing them with the books of the Financial Secretary.

SECTION 40 – DUTIES OF FINANCIAL SECRETARY IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
A The Financial Secretary shall receive all monies paid into the Local Union and immediately make entry of same in a receipt book, and shall without undue delay see that same is deposited either by paying same to the Treasurer, who shall give a receipt for money received, or by directly depositing same in the Local Union’s name in such financial institution as may be designated by the Local Union. The Financial Secretary shall keep a record of all applications for membership, and a correct account of each member, with full name and address.
B The Financial Secretary shall enter and date each payment on the member’s Dues Book, and sign the same, and shall enter in the Ledger the exact date and full amount of each payment, and report same to the Local Union.
C The Financial Secretary shall make a membership activity report to the British Columbia Provincial Council of Carpenters’ Secretary-Treasurer not later than the tenth day of the following month, and shall report not later than the following meeting of the Local Union as to the numerical and financial standing of the Local Union for the preceding month. He or she shall be bonded as required by the Constitution and Laws of the British Columbia Provincial Council of Carpenters.
D Local Unions having an established business office shall have the power, by regularly passed motion, to designate the books and other property to be kept at the office, and to delegate such duties to the Financial Secretary as may be deemed expedient for proper transaction of its business. Where no established business office is maintained, the Financial Secretary and other officers shall securely maintain, on the Local Union’s behalf, any records or other property that may be in their possession, and shall make such records and other property available to authorized Officers and Representatives as required.
E The Financial Secretary shall have full control of all supplies, and shall issue the same, subject to orders of the Local Union.

SECTION 41 – DUTIES OF TREASURER IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
A The Treasurer shall receive from the Financial Secretary all monies collected, and give receipt for and deposit same in the name of the Local Union in such financial institutions as may be designated by the Local Union. The Treasurer shall make no disbursement without the sanction of the Local Union, and only on an order issued by the Recording Secretary and signed by the President.
B The Treasurer shall make an itemized statement to the Local Union the first meeting of each quarter for the preceding quarter of all monies received and paid out, shall submit books and vouchers for inspection at any time when called upon, and shall perform such other duties as the Local Union may require.
C The Treasurer shall send the per capita tax to the British Columbia Provincial Council of Carpenters’ Secretary-Treasurer promptly each month for the month preceding. All monies shall be payable by post office money order, bank draft, or cheque to the Provincial Council Secretary-Treasurer.
D The Treasurer shall be bonded as required by the Constitution and Laws of the British Columbia Provincial Council of Carpenters, and shall receive a salary of not less than one dollar ($1.00) per annum.

SECTION 42 – DUTIES OF CONDUCTOR IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
A The Conductor shall examine all present at the meeting and report to the President all who are not members of the Local Union. In the case of those Local Unions that desire to use the additional oral initiation ceremony, the Conductor shall obtain the names of all candidates awaiting initiation and report the same to the President, and shall conduct the candidate through the initiation ceremony, and shall perform all duties pertaining to the office, and shall be furnished an assistant when necessary.

SECTION 43 – DUTIES OF WARDEN IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
A The Warden shall take charge of the doors at the meeting and ensure that no one but members enters. Special guests will be referred to the Vice-President.

SECTION 44 – DUTIES OF TRUSTEES IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
A The Trustees shall have the supervision of all funds and properties of the Local Union, subject to such instructions as they may receive from time to time from the Local Union. The title to all property of the Local Union shall be held in the name of the Trustees of the Local Union and/or their successors in office.
B It shall be the duty of the Trustees to ensure that the Treasurer or Financial Secretary deposits all monies received in such financial institutions as the Local Union designates. The Trustees shall ensure that the Recording Secretary of the Local Union notifies the financial institutions of the names of the officers duly authorized to sign cheques for withdrawals on the account, and that all disbursements are made by cheque, except that a petty cash fund for either the Financial Secretary or the Treasurer is permitted.
C The Trustees shall audit all books and accounts of the Financial Secretary and the Treasurer, shall audit all receipts and accounts of any other person authorized to collect funds, shall examine the bank books monthly, and shall report to the Local Union in writing, and semi-annually to the British Columbia Provincial Council of Carpenters’ Secretary-Treasurer on Bond Report Forms supplied by the Provincial Council office, and shall perform such other duties as are provided for in the Constitution and Laws of the British Columbia Provincial Council of Carpenters or as the Local Union may direct. Local Unions having annual receipts amounting to one hundred thousand dollars ($100,000.00) or more from all sources shall engage a certified or chartered accountant for periodic audits, but not less than once a year. Local Unions having annual receipts of less than one hundred thousand dollars ($100,000.00) from all sources shall engage a certified or registered public accountant or a competent person with knowledge of bookkeeping at arm’s length from the union for periodic audits/financial reviews, but not less than once a year. Such audits/financial reviews shall be examined by the Trustees for comparison with the Trustees’ audits, and the Trustees shall report their conclusions in writing to the Local Union.

SECTION 45 – DUTIES OF COMMITTEES IN LOCAL UNIONS, DISTRICT COUNCILS, AND REGIONAL COUNCILS
A All committees shall perform the duties assigned to them within the time specified, and shall report in writing. No person shall be exempt from serving on a committee when called upon, except the Recording Secretary and the Financial Secretary, unless excused by vote of the Local Union or already a member of some other committee. No member can be appointed to a committee unless present at the time of appointment, except that the member is in the anteroom on authorized business or out on official business, or prevented by accident, sickness, or other substantial reason accepted by the Local Union or Council from being present. The President is a de facto member of each committee for the Local Union.
B Committees incurring expenses in the performance of their duties shall not be discharged until all bills are paid and the committee members are reimbursed for their expenses or paid for time lost, if any, providing the Local Union had originally agreed to do so.
C The first person named on a committee shall chair the committee until another chair is chosen by the committee.
D Any committee member who neglects or fails to perform any duty required by the Constitution and Laws of the British Columbia Provincial Council of Carpenters may be removed by the President, with the exception of the Executive Committee.

SECTION 46 – QUALIFICATIONS FOR MEMBERSHIP
A Members in good standing who, on or after January 1, 1987 have or attain 50 years of continuous membership in a Local Union of the British Columbia Provincial Council of Carpenters shall not be required to pay dues to any Local Union, and the Local Union in which they hold membership shall not be required to pay per capita tax with respect to them to the Provincial Council. Such members, nevertheless, shall retain all rights and privileges as well as other obligations of membership, and shall pay working dues while working in the jurisdiction of any Local Union, District Council, or Regional Council that has established such working dues, work fees, or supplemental working dues pursuant to Section 49 C.
B A candidate, to be admitted to membership in any Local Union of the British Columbia Provincial Council of Carpenters, must be of legal age.
C A candidate must be of good character and competent to command standard wages. Candidates shall not be denied the right to membership because of their particular gender, race, colour, religion, political affiliation, sexual orientation, creed, or national origin, in accordance with Human Rights legislation.
D A candidate for membership cannot join any Local Union other than the one in the district in which the candidate is employed, unless permission is granted by the Local Union, District Council, or Regional Council where employed.
E A member who has been expelled from any Local Union or by a District Council or Regional Council of the British Columbia Provincial Council of Carpenters shall not be eligible for membership in any other Local Union without consent of the Local Union, District Council, or Regional Council, and only then by a majority vote of the members present at a meeting of the Local Union, District Council, or Regional Council from which the member was expelled.
F Members who contract work or become supervisors must comply with the Constitution and Laws of the British Columbia Provincial Council of Carpenters.
G No member of a Local Union of the British Columbia Provincial Council of Carpenters can remain in or become a member of more than one Local Union. Any member being employed as an armed guard during a strike or lockout, or working as a strikebreaker, shall be disciplined. If a member is accused of actions contrary to this Section, the Executive of the Local Union, District Council, or Regional Council shall give the member due notice of the charge, shall afford the accused a hearing and a full opportunity to present a defence. If after the hearing the Executive of the Local Union, District Council, or Regional Council finds that the member’s actions are contrary to this Section, the member shall within 24 hours resign or withdraw from any conflicting membership or action, and so notify the Executive of the Local Union, District Council, or Regional Council. If the member fails to do so, his or her membership shall be revoked.
H No member of a Local Union shall be eligible to vote for Officers, Business Representatives, Assistant Business Representatives, or Delegates unless such member has been at least 12 consecutive months a member of the Local Union and is in good standing in the Local Union at the time of voting, except where the Local Union has not been in existence the time here required. Retired members not working at or depending on the trade for a livelihood shall not be entitled to vote on trade movements affecting wages of working conditions or on ratifications of contracts. In contract ratification votes, only those affected by the contract shall be eligible to vote, without regard to their length of membership. The method of contract ratification, which shall include a vote of the membership, shall be decided in the Local Union or Council and is not mandated by the Constitution and Laws.

SECTION 47 – APPRENTICESHIP
A The British Columbia Provincial Council of Carpenters may establish apprenticeship and training programs, including skills upgrading, covering trades and industries within the Provincial Council’s jurisdiction. Where such standards have been established, it shall be the responsibility of District Councils or Regional Councils, or Local Unions where no District Council or Regional Council exists, to develop and implement programs complying with the standards and approved by the Provincial Council. A graduate of an approved apprenticeship program shall be recognized within the Provincial Council as a journeyperson in his or her trade.
B Individuals participating in approved apprenticeship and skills training programs may be admitted to membership in the British Columbia Provincial Council of Carpenters prior to attaining journeyperson certification, at the pro-rated journeyperson rate. Participants in apprenticeship and training programs shall be subject to the lawful agreements, conditions, and procedures required by the Provincial Council, District Council, Regional Council, or Local Union maintaining the program.

SECTION 48 – ADMISSION OF MEMBERS
A The President of the British Columbia Provincial Council of Carpenters shall authorize the use of a membership application form containing the Obligation. Where an applicant signs such an application, thereby becoming bound by the Obligation, action of the investigating committee or approval of the membership shall not be required for admission to membership. A candidate qualified who desires to become a member of any Local Union of the Provincial Council must fill out and sign the regular application blank in duplicate and a support card. The Local Union shall send the original Membership Application to the President of the Provincial Council, and the support card shall be sent to the Provincial Organizing Program Co-ordinator. The duplicate Membership Application shall be filed by the Local Union for future reference. The Local Union may request an applicant to attend a regular meeting to take the Obligation where practical.
B The application of the candidate must be presented to the Financial Secretary, with the full initiation fee and a sum equal to the current month’s dues. An applicant may be permitted to pay the initiation fee in instalments over a period not to exceed 90 days. In such cases, the applicant shall deposit dues for each month commencing with the month of application. When the applicant is accepted into membership, his or her membership shall date from the day of application. If an applicant fails to complete payment of the initiation fee within 90 days (or such period not to exceed an additional period of 60 days which may be granted by the Local Union for good cause), the applicant shall forfeit all amounts paid for dues or initiation fees, and can only join by filing a new application to be processed in accordance with this Section. Initiation fee and dues paid shall be retained by the Local Union, District Council, or Regional Council, except for per capita tax to the Provincial Council for all months for which dues were deposited, whether or not the applicant becomes a member. Applicants for membership permitted to pay the initiation fee in instalments shall not be eligible to receive Transfer Cards until six months after completing all instalment payments.
C The Financial Secretary shall place the name of the new member on the books of the Local Union. The new member shall be supplied with a Dues Book, or the equivalent, and a copy of the Constitution and Laws of the British Columbia Provincial Council of Carpenters and the Rules and Bylaws of the Local Union and the District Council or Regional Council. Local Unions using checkoff are not required to issue dues books, except as needed.
D Each member will be entitled to all the rights and privileges of the British Columbia Provincial Council of Carpenters as prescribed in the Constitution and Laws of the Provincial Council by strictly adhering to the Obligation as prescribed.
OBLIGATION
I do, of my own free will, sincerely promise on my honour that I will support organizing, and I will not reveal by word or deed the business of this Union, unless legally authorized to do so. I promise to abide by the Constitution and the will of the majority, to observe the Bylaws established by Local Unions and Councils affiliated to the British Columbia Provincial Council of Carpenters. I will use every honourable means to procure employment for brother and sister members. I pledge myself to be obedient to authority, orderly in the meetings, and charitable in judgement of my brother and sister members. To all this I promise and pledge my honour.
E Members in good standing may visit any Local Union, provided they identify themselves to the chair of the meeting and are seated by a majority of members present.
F Each member is required to keep the Local Union properly notified of correct place of residence and all pertinent information.
G A member can remain a contractor or enter into the business of contracting, provided the member becomes signatory to and complies with the British Columbia Provincial Council of Carpenters’ collective bargaining agreement covering his or her work, obeys trade rules, and complies with the British Columbia Provincial Council of Carpenters’ Constitution and Laws. Any violation of this rule shall be punished after due trial by a fine or expulsion. A contracting member shall not be eligible as an officer, business representative, or delegate of a Local Union, or eligible to vote for officers, business representatives, or delegates, and shall not be eligible to vote on the wage question or a collective agreement. A contractor is defined as being on a bid list competing with signatory contractors.
H An ex-member desiring to rejoin a Local Union of the British Columbia Provincial Council of Carpenters may be readmitted only as a new member, subject to such re-admission fee as provided for in the Bylaws of the Local Union, District Council, or Regional Council where application for membership is made. The Local Union, District Council, or Regional Council readmitting the ex-member shall ascertain the reason he or she was dropped from membership. Also, if said ex-member owed any fines or assessments at the time of being dropped from membership in a Local Union of the British Columbia Provincial Council of Carpenters, the Local Union, District Council, or Regional Council readmitting such ex-member shall collect the amount of the indebtedness and forward it to the Local Union, District Council, or Regional Council to which it is due. If an ex-member does not pay any such indebtedness, the ex-member may not be accepted for readmission unless dispensation is granted by the Provincial Council President. An ex-member desiring to rejoin a Local Union in the same subdivision of the trade in which he or she previously held membership shall not be required to take an examination with respect to his or her qualifications in that subdivision of the trade.
I The Provincial Council Executive Board shall have the power to set the maximum initiation fee for all Local Unions, District Councils and Regional Councils. Dispensation to lower the initiation fee may be granted by the Provincial Council President for organizing purposes by written request.

SECTION 49 – FINANCES AND DUES
A Effective upon ratification, minimum dues in all Local Unions shall be established in an amount not less than fourteen dollars and twenty-five cents ($14.25) per month for Local Unions, to be paid by all members. The minimum dues shall be increased by the amount by which the per capita tax provided in Section 49 D is increased by referendum vote of the members, as of the effective date of any such increase in per capita tax. When a Local Union raises its dues or initiation fees, or levies an assessment, a secret ballot vote shall be taken at a special or called meeting. All members shall be notified by mail of time, place, and purpose of the vote. All members in good standing shall be eligible to vote. All assessments must be approved by the British Columbia Provincial Council of Carpenters’ Executive Board.
B Monthly dues shall be charged on the books on the first of each month, but a member does not fall into arrears until the end of the month in which the member owes three months’ dues. No officer or member shall be exempt from paying dues or assessments, nor shall the same be remitted or cancelled in any manner. Credit for payment of any month’s dues will not be granted based on partial payments but only on full payment of that month’s dues.
C Any Local Union, District Council, or Regional Council may establish working dues, dues checkoff, supplemental work dues, or work fees payable to the Local Union, District Council, or Regional Council by members working in its jurisdiction. If a member who owes such dues or fees fails to pay them as provided by the Local Union, District Council, or Regional Council, such dues or fees shall be charged to the member by the Financial Secretary 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 by the Financial Secretary that unless the amount owing is paid within thirty (30) working days thereafter, his or her name shall be stricken from membership. Notices shall be sent to the last known address of the member as reported by the member to the Local Union. In cases of such assessments, working dues, or fees owed to the District Council or Regional Council, notice to the member by the District Council or Regional Council shall satisfy the requirements of this Section. No Officer or Business Representative and no member receiving benefits of a collective bargaining agreement shall be exempted from paying dues or fees established pursuant to this Section, or shall the same be remitted or cancelled in any manner.
D The per capita tax shall be held as a standing appropriation. An order for the same shall be signed by the President and Recording Secretary without requiring a vote of the Local Union. Per capita tax includes the amounts prescribed under Sections 49 A and 52 for all members and members on reduced dues as provided in Section 52.
E The term “general management of the British Columbia Provincial Council of Carpenters” as used in Sections 49 A and 52 shall include the establishment and maintenance of the Legal and Defence Fund. The Provincial Council Executive Board is authorized to establish and maintain such a Legal and Defence Fund, to allocate a portion of the assets of the Provincial Council to establish such a Fund, and to allocate a portion of the Provincial Council Strike and Defence Fund to the maintenance of such a Legal and Defence Fund. The allocation to the Legal and Defence Fund may be increased or decreased from time to time as determined by the Executive Board. The Legal and Defence Fund shall be established and maintained for the purpose of enabling the Provincial Council to combat the forces at work throughout our jurisdiction which seek to destroy or limit the British Columbia Provincial Council of Carpenters and its subordinate bodies in achieving our legal aims of protecting the rights of its members and prospective members and in carrying out the objects and principles of the organization.
F A member who owes three months’ dues must be reported on the Monthly Statement as delinquent at the end of the third month, and per capita tax deducted only for the third month. The member shall not be reported again until: (1) the member is dropped from membership for owing six months’ dues; or (2) when the member pays dues to keep within the six months’ limit, but does not square the current month, starting with the third month of his or her arrearages or any month thereafter, dues paid for that month or months must be reported on the Monthly Statement, giving date (day and month), and arrears tax will be charged; or (3) when all back dues including the current month are paid, the Financial Secretary shall report same on the Monthly Statement as squaring arrears, and per capita tax for the unpaid months will be charged.
G It is the duty of the members of a Local Union to ensure that the per capita tax of the Local Union is promptly paid. Therefore, when a Local Union is three months in arrears to the British Columbia Provincial Council of Carpenters or to a District Council or Regional Council in payment of per capita tax, the President may suspend any payments to the Local Union or its members, and such Local Union shall not be entitled to representation in a District Council or Regional Council or the Provincial Council or any other body affiliated to by the Provincial Council. When a Local Union is six months in arrears to the Provincial Council or a District Council or Regional Council in payment of per capita tax, its charter is lapsed. The Local Union shall be so notified and shall, upon notice by the Provincial Council President, cease to exist and shall return its charter and membership records to the Provincial Council Secretary-Treasurer, and the Local Union and its members shall comply with the provisions of Section 32. The Provincial Council President may grant dispensation for the Local Union to continue to operate, provided it agrees to and complies with arrangements established by the Provincial Council Executive Board for payment of arrearages.
H A member who owes the Local Union two months’ dues shall be notified by mail, at the last known address, by the Financial Secretary not later than the fifteenth day of the third month of said delinquency, that if said arrearages are not paid before the last day of the third month the member will be suspended from benefits until the member squares up entirely all of the indebtedness (including dues for the month in which the member squares up the arrearages).
I A member who owes three months’ dues or who has not squared his or her arrearages in full shall not be entitled to a seat, or to hold office in any meetings of a Local Union, District Council, or Regional Council, and is not in good standing and not entitled to vote.
J A member who owes the Local Union five months’ dues shall be notified by mail, at the last known address, by the Financial Secretary not later than the fifteenth day of the sixth month of said arrearages. Unless dues are paid by the end of the sixth month, the member’s name shall be stricken from the list of membership without a vote of the Local Union.
K Local Unions may impose an assessment not to exceed five dollars ($5.00) for each notice mailed pursuant to the requirements of Paragraphs H and J above, to be paid by the member to whom such notice is sent.
L All fines imposed and assessments legally levied, including strike assessments, working dues, dues checkoff, supplemental work dues, or work fees duly established under Section 49 C, shall be charged by the Financial Secretary to the member from whom due, and the member shall be notified in writing that same must be paid within thirty (30) days to entitle the member to any privileges, rights, or donations. If the member does not make payment within the time prescribed, the member shall not be in good standing, and he or she shall be notified in writing by the Financial Secretary that unless the amount owing is paid within thirty (30) days thereafter his or her name shall be stricken from membership except in case of a fine where an appeal is pending. Notices shall be sent to the last known address of the member as reported by the member to the Local Union. In cases of fines, assessments, or such dues or fees owed to a District Council or Regional Council, notice to the member by the District Council or Regional Council shall satisfy the requirements of this Section.
M It shall be the duty of a member’s home Local Union, in accordance with the provisions of Sections 49 C and L, to promptly charge and collect all fines imposed and assessments legally levied, and all dues and fees imposed under Section 49 C, against such member by any other Local Union, District Council, or Regional Council upon written request of such other Local Union or District Council, and to forward same to the Local Union, District Council, or Regional Council to which the amount is owed. If a Local Union fails to comply with this duty, the President may suspend all payments to the Local Union or its members.
N A member who owes a fine or assessment may continue to pay dues unless and until stricken from membership under Section 49 L.

SECTION 50 – TRANSFER CARD
A A member who desires to transfer from the jurisdiction of the Local Union, District Council, or Regional Council to work in another jurisdiction must surrender working card and present dues book to the Financial Secretary, who shall fill out the Transfer Card and affix seal thereto. Any Local Union, District Council, or Regional Council may make application for a Transfer Card on behalf of a member at the member’s request. To be qualified to receive a Transfer Card, a member must have been a member of the Local Union granting the Transfer for at least six (6) months as per Section 48 B. It shall be compulsory, except in case of a strike or lockout, for the Local Union to issue said card, provided the member has no charges pending and pays all arrearages, together with current month’s dues. All dues in excess of month of issue shall be refunded to the member or be refunded upon request to the Local Union accepting transfer. A member against whom charges are pending and who desires a Transfer Card may be required to deposit a sum not to exceed one hundred dollars ($100.00) in escrow with the District Council or Regional Council, or Local Union where no District Council or Regional Council exists. Transfer Cards shall expire one month from date of issue. It shall be optional with the Local Union, District Council, or Regional Council to issue Transfer Card in a jurisdiction where a strike or lockout is in effect. A member may leave such jurisdiction without a Transfer Card to seek work in another jurisdiction where no strike or lockout exists, provided the member presents a statement over the seal of the Local Union, District Council, or Regional Council in which membership is held, showing that a strike or lockout is in effect in said jurisdiction. The member shall pay the prevailing charge for a Working Permit in the jurisdiction where work is secured. District Councils and Regional Councils may, by a Bylaw properly adopted and approved, restrict the use of Transfer Cards among Local Unions within the District Council or Regional Council area.
B It is compulsory for the member to report and deposit the Transfer Card at the office of the District Council or Regional Council, or Local Union where no District Council or Regional Council exists, before securing work, and to comply with all local laws. In no case shall the Financial Secretary accept dues other than to secure Transfer Card from a member working in the jurisdiction of any other Local Union, District Council or Regional Council without the consent of such Local Union, District Council, or Regional Council. It shall be the duty of the Financial Secretary accepting dues from a member for Transfer Card who is working in another jurisdiction to immediately report same to the District Council or Regional Council, or Local Union where no District Council or Regional Council exists.
C A member who desires to work in another jurisdiction and who does not wish to transfer membership shall, before going to work, secure a Working Permit in writing from the Local Union, District Council, or Regional Council in the jurisdiction where work is secured. All Working Permits shall be made valid for not less than thirty days from date of issue. The member shall present his or her dues book with current month’s dues paid and may be required to pay for such Working Permit, and shall be subject to any working dues or other charges established in the area pursuant to Section 49 C. The Executive Board, in consultation with the respective Local Union, may establish procedures to govern working permits with respect to specially trained workers employed by specialty or specialized contractors who hold agreements with the British Columbia Provincial Council of Carpenters. Non-members desiring to work under the jurisdiction of the Local Union, District Council, or Regional Council shall be placed on application and shall pay initiation fee and dues as provided in Section 49 B. (Non-members shall not be issued Working Permits.)
D No Local Union shall have the right to collect dues again for the month paid on a Transfer Card. The Local Union issuing the card shall pay to the Provincial Council Secretary-Treasurer the tax for said member for the month only in which the card is issued, and membership will remain in the Local Union issuing Transfer Card until card is deposited in another Local Union, whereupon the member becomes a member of the Local Union wherein deposited.
E Any Officer or member employed by the British Columbia Provincial Council of Carpenters shall not be required to take a Transfer Card from the Local Union, District Council, or Regional Council in which the Officer or member holds membership at the time of election or appointment.
F On entering a Local Union, a member with a Transfer Card shall present same with Dues Book to the Local Union office. If the Card and Dues Book are in order, and the identity of the member established to whom the Card is granted, the member shall be admitted to the Local Union as a member thereof, provided there is no strike or lockout in effect in that district, and the membership shall be so notified at the next regular meeting.
G On deposit of said card, the Financial Secretary receiving it must sign and affix the seal to the coupon and forward copies to the Provincial Council Secretary-Treasurer at the close of the meeting as evidence of its deposit. The Local Union issuing the Transfer Card shall refund to the member all dues in excess of the current month. The Financial Secretary receiving the Transfer Card shall immediately report the same to the Financial Secretary issuing the Card.
H A member who re-deposits a Transfer Card must present Dues Book to the Financial Secretary, who shall report the return of said Card to the Provincial Council Secretary-Treasurer at the close of the meeting.

SECTION 51 – RESIGNATION OF MEMBERS
A A member can withdraw or sever connections with the British Columbia Provincial Council of Carpenters by submitting a clear and unequivocal resignation in writing to the Local Union. A member who resigns can be readmitted only as a new member.
B A member resigning with current dues paid may be given an Honorary Resignation Card indicating honorary withdrawal from the British Columbia Provincial Council of Carpenters if the member truthfully affirms in writing that he or she is leaving the industry, unless it is known that the resignation has been submitted for the purpose of violating Trade Rules. Such card shall be furnished by the Provincial Council Secretary-Treasurer on application by the Local Union, on payment of fifty cents ($.50) for each card. Within 24 months of honorary withdrawal, an ex-member who in fact left the industry may be readmitted to membership without payment of any initiation fee by re-depositing the Honorary Resignation Card with the issuing Local Union. If such member pays all back dues for the period of withdrawal, he or she will maintain the previous initiation date, as per Section 49 H. If the member chooses not to pay all back dues but commences paying dues as of the current month, he or she will be given a new initiation date as of the date of readmission and shall be treated as a new member. In either event, voting rights in accordance with Section 46 H will be re-established upon completion of twelve months’ consecutive membership in the Local Union following readmission, and such member cannot be nominated for or hold office under the terms of Section 33 until 24 consecutive months after readmission. The foregoing readmission privilege may not be used more than once in a three-year period. When a member resigns or is expelled, or an applicant as covered by the Constitution and Laws of the British Columbia Provincial Council of Carpenters, who works to the detriment of the Provincial Council, the Local Union, the District Council, or the Regional Council may place a special initiation fee against such person, not to exceed fifty dollars ($50.00) over their regular initiation fee for new or ex-members as provided for in their Bylaws.
CONDITIONAL WITHDRAWAL
C A member employed under an industrial agreement (non-construction member) at the time of layoff (involuntary cessation of employment) whose dues are paid up for the current month may request conditional withdrawal. If within 24 months the member reapplies, the member can reactivate his or her membership in the Local Union in which conditional withdrawal was granted without payment of initiation fee. If at the time the member so reactivates membership the member pays all back dues, he or she will maintain the previous union initiation date, as per Section 49 H. If the member chooses not to pay all his or her back dues but commences paying dues as of the current month, his or her initiation date will be changed to the date of reactivation of membership at the Local Union level and the member’s standing will be computed as if the member were a new member. When any member on conditional withdrawal reactivates his or her membership, voting rights will be re-established twelve (12) months after reactivating membership, and such a member cannot hold office or be nominated for office until twenty-four (24) consecutive months after reactivation of membership at the Local Union level and must satisfy the requirements of Section 33. Affiliates desiring to use this procedure shall submit a written request to the Provincial Council Secretary-Treasurer.

SECTION 52 – REDUCED DUES
A Dues for members who are no longer working under a collective agreement or the jurisdiction of the British Columbia Provincial Council of Carpenters, or collecting benefits from a recognized Pension Plan, and who have not less than 30 years’ continuous membership, shall be six dollars ($6.00) per month. The Local Union shall pay to the Provincial Council Secretary-Treasurer two dollars ($2.00) per month per capita tax for each such member. All such revenue shall be used for the general management of the British Columbia Provincial Council of Carpenters, subject to the provisions of the Constitution and Laws.

SECTION 53 – OFFENCES AND PENALTIES
A Any Officer or member found guilty after being charged and tried in accordance with Section 54, which may include but is not limited to the following offences, may be fined, suspended, or expelled after due process and a fair and impartial trial has been conducted. The following shall be considered offences:
1) Causing dissension among the members of the British Columbia Provincial Council of Carpenters.
2) Advocating division of the funds of the British Columbia Provincial Council of Carpenters or any subordinate body thereof.
3) Misappropriating the funds of any subordinate body, or any monies entrusted to him or her by a member or candidate for the account of any subordinate body.
4) Harassment of any member of the British Columbia Provincial Council of Carpenters as defined by the British Columbia and Canadian Human Rights decisions.
5) Defrauding the British Columbia Provincial Council of Carpenters or any subordinate body.
6) Furnishing any unauthorized person, without the consent of the Local Union, a list of the membership.
7) Divulging to any unauthorized person the business of any subordinate body without its consent.
8) Crossing or working behind a picket line duly authorized by any subordinate body without its consent.
9) Failure to deposit Transfer Card before going to work in a locality where a strike or lockout is pending or in effect.
10) Violating the Obligation.

Any member charged with violating the Bylaws and Trade Rules of the locality in which he or she is working may be charged and tried in accordance with Section 54, and if found guilty may be fined in an amount established by the Local Union, District Council or Regional Council having jurisdiction.
C No officer, representative, or member of the British Columbia Provincial Council of Carpenters shall be subject to charges or trials based on their actions in complying with or assisting or co-operating in implementing any instructions, directions, or rulings of the Provincial Council, District Council, Regional Council, or Local Union unless such actions are illegal or contravene the Constitution and Laws of the British Columbia Provincial Council of Carpenters.
D A member against whom charges have been preferred may attend meetings until the charges have been disposed of. An officer, business representative, delegate, or committee member may be suspended from office by majority vote of the members of a Local Union at a special-called meeting or by a majority vote of delegates to a District Council or Regional Council while the case is pending. Where a Local Union is affiliated with a District Council or Regional Council, only the District Council or Regional Council shall have authority to vote such a suspension. An officer or business representative may be suspended without pay, but if such officer or business representative is found not guilty of all charges by a Trial Committee or an appeal, he or she shall be entitled to recover from the Local Union, District Council, or Regional Council all back pay withheld.

SECTION 54 – CHARGES AND TRIALS
A Any member charged with an offence under Section 53 or Bylaws or Trade Rules shall be given a fair and impartial trial, and must exhaust all remedies allowed by Sections 54 and 55 before taking the case to the civil courts.
B A member must be charged and tried within the jurisdiction of the Local Union, District Council, or Regional Council where the offence was committed. Where a District Council or Regional Council exists, all charges shall be filed in and tried by the District Council or Regional Council. Provided, however, the British Columbia Provincial Council of Carpenters’ Executive Board shall have the jurisdiction to initiate and conduct trials pursuant to the provisions of Sections 53 and 54. Where a District Council or Regional Council is under supervision, the President may authorize the filing and processing of charges in an affiliated Local Union.
C All charges must be in writing, must specify the particular Paragraph of Section 53 or the particular Bylaw or Trade Rule violated, and must contain a brief statement of the facts upon which the charge is based.
D When charges are filed in the Local Union, District Council, or Regional Council they shall be referred promptly to the Executive Committee of the Local Union, District Council, or Regional Council.
1) The Executive Committee shall dismiss any charge alleging a violation described in Section 53 A that is filed more than six (6) months after the date the violation occurred or reasonably should have been discovered; any charge alleging a Bylaw of Trade Rule violation that is filed more than thirty (30) days after the violation occurred or reasonably should have been discovered; and any charge that the Committee determines is without sufficient foundation or does not conform to the provisions of Paragraphs B and C above.
2) If the Executive Committee determines that charges conform to the provisions of Paragraphs B and C above, the member shall be notified in writing to appear before the Executive Committee.
The charges then shall be processed according to one of the following alternatives:
a) If it appears to the satisfaction of the Executive Committee that the violation occurred, the Executive Committee may reprimand the member and make such action a part of the record of the Local Union, District Council, or Regional Council. The Executive Committee shall have no authority to impose penalties. When any member is charged with violating the Bylaws and Trade Rules of a Local Union, District Council, or Regional Council, and the records of the Local Union, District Council, or Regional Council show that the member has previously been reprimanded, the charges shall be referred for trial and/or plea, as the case may be.
b) The Executive Committee may refer the charges for trial to the Local Union, District Council or Regional Council, or to their Trial Committees.
c) A Local Union, District Council, or Regional Council may adopt a procedure whereby an accused may plead guilty to specific charges, agree to pay a fine acceptable to the accused and the Local Union, District Council, or Regional Council, and waive trial and all appeals (other than an appeal alleging violation of the waiver agreement). The waiver agreement must recite the Sections allegedly violated and the specifications for the charges.
E All charges referred to a Local Union, District Council, or Regional Council must be read at the meeting and lay over until the next meeting, and the member must be notified by registered or certified mail by the Recording Secretary of the Local Union, District Council or Regional Council to be present, and at the same time shall be furnished by the Recording Secretary with a copy of the charges specified. If a standing Trial Committee has been established, the notice shall list the names of the members of the Trial Committee and advise the accused member of his or her right to strike from said list any three names which appear thereon, and the accuser shall at the same time be furnished with the list and be notified of his or her right to strike three names. The notice shall be sent to the member’s last known address.
F A Trial Committee consisting of five members of the Local Union or five delegates to the District Council or Regional Council shall be selected as follows:
The Local Union, District Council, or Regional Council shall nominate eleven members or delegates. The Recording Secretary of the Local Union, District Council, or Regional Council shall place their names in the ballot box, and the Vice-President shall draw the same from the box and call the names aloud until five have been drawn. The accused and the accuser shall have the alternative of each challenging any three members of the Trial Committee; the member so challenged shall not serve. When the five have been selected, they shall constitute the Trial Committee and the case shall be given to them for trial.
In the alternative, a Local Union, District Council, or Regional Council may appoint or elect a standing Trial Committee consisting of eleven members. If the Local Union, District Council, or Regional Council receives timely challenges in any case, the names of the challenged members shall be struck from the list. After the time for challenges has expired, the Local Union, District Council, or Regional Council President shall appoint five members of the standing Trial Committee to hear the case, and the case shall be given to them for trial.
G Any officer or member who is a party to or directly interested in any case in a Local Union, District Council, or Regional Council shall not be permitted to act as a member of the Trial Committee. Members of the Local Union Executive Committee (where charges are processed in a Local Union), or members of the District Council or Regional Council Executive Committee (where charges are processed in a District Council or Regional Council) shall not be permitted to act as a member of the Trial Committee. Where sufficient eligible delegates are not available to form a Trial Committee panel, a District Council or Regional Council may draw upon members of the affiliated Local Unions.
H At the request of the Chairperson of the Trial Committee, the Recording Secretary of the Local Union or the Secretary of a District Council or Regional Council shall, without delay, summon the accused and the accuser in writing, together with all witnesses whose names have been submitted in writing, and the case shall be tried on such date(s) as the Chair shall determine.
I The accused and the accuser may appear before the Trial Committee in person and/or by counsel (who shall be a member of the British Columbia Provincial Council of Carpenters), and shall be entitled to be present at all times when the Trial Committee is receiving evidence. All testimony shall be accurately recorded in writing. There shall be only one official transcript of the proceedings as authorized by the Local Union, District Council or Regional Council Executive Committee, and the Trial Committee Chair shall prohibit the recording or other transcription of the proceedings other than by the designated official reporter. Persons who are not members may be called as witnesses by either side. No member shall be suspended, expelled, or fined in an amount in excess of two hundred and fifty dollars ($250.00) unless the proceedings of the Trial Committee have been properly recorded by a competent stenographer who need not be a member. If the accused fails to appear, the Trial Committee shall proceed with the trial, as though the accused was present. In the event that the accuser fails to appear, costs of the trial not exceeding fifty dollars ($50.00) may be charged against the accuser, and the charges shall be dismissed by the Chair of the Trial Committee forthwith.
J The following trial procedure shall be observed:
1) The Chair shall read the charges and ask the accused if he or she is “guilty” or “not guilty.” If the plea is “guilty,” the Trial Committee shall so find and shall report its verdict to the Local Union, District Council, or Regional Council without further proceedings. If the plea is “not guilty,” the trial then shall proceed.
2) The accuser’s case shall be presented first.
3) Witnesses shall be called into the trial room one at a time, and will leave upon completing their testimony, subject to recall by either the Trial Committee or any of the parties.
4) The accuser’s witnesses shall be called first.
5) Each party or his or her counsel shall have the right to cross-examine witnesses presented by the other party.
6) Before the Trial Committee begins their deliberations, all other persons shall leave the trial room.
K When the committee has come to a decision in the case, the Chair of said committee shall so notify the Local Union, District Council, or Regional Council Executive Committee. The Trial Committee shall submit a full report of the case with their verdict in writing to the Local Union or District Council. The Local Union, District Council, or Regional Council Executive Committee shall notify the accused of the meeting at which the committee’s report will be presented, and that if the finding is guilty any penalty to be imposed will be considered at that meeting. The notice shall be mailed to the accused and the accuser at their last known addresses not less than ten (10) days before the meeting at which the committee will report.
L If the finding is guilty, the Trial Committee shall recommend in its report such legal penalty as it deems proper, which then must be approved by a majority of the members present. There shall be no debate or review of the case by the Local Union, District Council, or Regional Council, except that the accused and the accuser shall be allowed to plead for or state their side. The Chair shall announce the penalty. The accused member and the Local Union to which the member belongs shall be notified of the verdict and the penalty.
M The penalty imposed upon a member may be set aside or reduced by a majority vote of the members of the subordinate body which imposed it before an appeal is filed. After an appeal is filed, the penalty may be reduced or set aside only with the approval of the Provincial Council Executive Board.

SECTION 55 – APPEALS AND GRIEVANCES
A A member who has been found guilty of a charged violation under Section 54 may file an appeal with the British Columbia Provincial Council of Carpenters’ Secretary-Treasurer in accordance with the provisions of this Section. No appeal shall be permitted from a verdict of a Trial Committee finding a member not guilty of charges filed against him or her. All appeals received in proper form shall be referred by the Provincial Council Secretary-Treasurer to an Appeals Committee for decision.
B The Appeals Committee shall be appointed by the Provincial Council President and shall consist of five (5) members. The Chairperson of the Appeals Committee shall be designated by the President, and all members of the Appeals Committee shall serve at the discretion of the President. Three (3) members shall constitute a quorum of the Appeals Committee, and the Appeals Committee may decide any case referred to it by majority vote of the members present and voting at any meeting at which a quorum is present. Where the circumstances warrant, and subject to the approval of the President, the Chair of the Appeals Committee may designate one or more members of the Appeals Committee to conduct a hearing or other investigation in any case and report findings and recommendations to the next meeting of the Appeals Committee. The decisions of the Appeals Committee shall be reported by the Chair to the Provincial Council Secretary-Treasurer, who shall notify the parties of said decisions.
C The penalty imposed by the Local Union, District Council, or Regional Council shall not be effective while an appeal to the Appeals Committee is pending except as provided herein. The penalty of expulsion or suspension shall be enforced during the time provided for filing an appeal under Section 55 D.
1) No appeal can be entertained by the Appeals Committee where any sum of money in excess of fifty dollars ($50.00) is involved unless the appellant has first paid to the Local Union, District Council, or Regional Council fifty dollars ($50.00) on account, to be held until the appeal is decided by the Appeals Committee, and if said appeal is decided against the appellant, the full amount imposed must be paid before a further appeal can be taken.
2) In all cases where the fine is fifty dollars ($50.00) or less, the member fined shall pay the full amount to the Local Union, District Council, or Regional Council imposing the same.
3) When a fine is imposed by the Local Union, District Council, or Regional Council and an appeal is taken, any payment of said fine shall be held by the body assessing same until said appeal is finally and completely decided.
D An appeal to the Appeals Committee shall be filed within sixty (60) days from the date the penalty was imposed. (An appeal is considered as filed on the date it is received at the office of the British Columbia Provincial Council of Carpenters, as provided in Section 55 I.) A copy of the appeal shall be mailed or delivered to the Local Union, District Council, or Regional Council imposing the penalty. Every appeal shall contain:
1) A brief statement of the case and the grounds relied upon by the appellant.
2) The penalty, the date imposed, and the Local Union, District Council, or Regional Council that imposed it.
All appeals must be sworn to before a Notary Public. If a fine is involved, the appeal must be accompanied by a receipt showing payment of the amount required by Paragraph C above.
E When an appeal is filed, the Local Union, District Council, or Regional Council shall file an answer, which shall include the following:
1) A copy of the charges.
2) A copy of the minutes and/or transcript of the Trial Committee, setting forth the evidence submitted at the trial.
3) The report of the Trial Committee.
4) The penalty placed against the appellant, the vote thereon, and the date imposed.
The answer must be sworn to before a Notary Public and must be filed with the Provincial Council Secretary-Treasurer within thirty (30) days after notice that the appeal has been accepted. A copy of the answer, together with a complete record of the Trial Committee proceedings, shall be served upon the appellant.
F If a Local Union, District Council, or Regional Council fails to file an answer in accordance with the requirements of Section 55 E, the Appeals Committee nevertheless shall have the power to decide the appeal on the evidence before it.
G Any member, or Local Union, District Council, or Regional Council having any grievance may appeal to the Provincial Council Executive Board within thirty (30) days from the date the grievance occurred. All protests regarding the conduct of nominations and elections, or election procedures, in any subordinate body may be appealed to the Provincial Council Executive Board within thirty (30) days from the ate of the election. All decisions on grievances or protests regarding the conduct of nominations or elections, or election procedures, geographical jurisdiction, mergers, consolidations, and formation of Councils may be appealed to Convention.
H All appeals from decisions of the Appeals Committee to the Provincial Council Executive Board must be filed with the Secretary-Treasurer within thirty (30) days from the receipt of the Appeals Committee decision or notice of the decision of the Provincial Council Executive Board. Also, any appeal from a decision of the Executive Board to the Convention must be filed with the Provincial Council Secretary-Treasurer within thirty (30) days from the date of receipt of the decision of the Executive Board.
I An appeal, protest, grievance, or answer shall be considered as filed under this Section on the date it is received at the office of the British Columbia Provincial Council of Carpenters. If received on a Monday or the day after a holiday, it shall be considered as filed on the last preceding day on which the Provincial Council office was open for business.
J A final appeal may be heard by an independent arbitrator from outside the British Columbia Provincial Council of Carpenters from a pre-approved list. This decision will be binding on both parties. The costs incurred will be borne by the party seeking the independent hearing.
K All members and all Local Unions, District Councils, and Regional Councils are required to exhaust the administrative remedies provided in this Section before commencing proceedings in any court or any agency provided by law. This provision shall not supersede or limit the right to petition law enforcement authorities to remedy alleged violations of criminal law.

SECTION 56 – FUNDS OF LOCAL UNIONS
A The General Funds or property of a Local Union, District Council, or Regional Council shall be used only for such purposes as may be required to transact and properly conduct its business; e.g.: Payment of salaries; purchasing supplies, stationery, books, cards, printing; payment of rent; or any legally authorized bill against the Local Union, District Council, or Regional Council. Under no circumstances shall any General Fund monies be used for loans to members, or for political or religious purposes. Funds to be used for any other purpose must be handled through a Contingency Fund.
B No donation for any purpose, except sick donations, shall be given except by a majority vote of members present, and cannot be declared valid at the meeting of its introduction but must lay over to the next meeting (except in cases of appeals for aid from Local Unions on strike with sanction of the Provincial Council Executive Board).
C The funds or property of a Local Union, District Council, or Regional Council cannot be divided in any manner among the members individually, but shall remain the property of the Local Union, District Council, or Regional Council for its legitimate purpose while ten members remain therein.
D All monies paid out of the funds of a Local Union, District Council, or Regional Council, with the exception of per capita tax, cost of bonds of financial officers, and payments required under Section 59 B must be authorized by majority vote of the members present. No appropriation of money can be voted after 10:30 p.m.
E Should the membership of a Local Union, District Council, or Regional Council fall below ten, the Local Union, District Council, or Regional Council will cease to exist, and the remaining funds shall be transferred to the nearest appropriate Local Union, District Council, or Regional Council. This transfer shall be consistent with Section 32.

SECTION 57 - LABEL
A The design of the union label shall be the official label and emblem of the British Columbia Provincial Council of Carpenters.
B Each shop, mill, or factory shall have a Shop Steward who shall have supervision over the label, stamp, or die; it shall be the duty of the Steward to see that said label, stamp, or die shall not be placed on any manufactured article other than that which is made under the agreement. Said label must be applied to the article in the shop, mill, or factory where it is manufactured, and must at no time be removed for use from the shop, mill, or factory. It shall be the duty of the Shop Steward to ensure that the agreement with the Local Union, District Council, or Regional Council is carried out in its entirety.
C The Shop Steward shall be appointed by the Business Representative or elected by the employees of the shop, mill, or factory where employed. The Shop Steward shall not be removed except for good cause, and then only in the same manner in which he or she was selected.
D Under no circumstances shall employers be permitted to handle labels or have them in their charge, nor shall anyone but a member of the British Columbia Provincial Council of Carpenters be permitted to attach them, and the Shop Steward at all times shall keep them securely locked up, so that no one else may have access. All labels shall be attached to finished product by members of the British Columbia Provincial Council of Carpenters in such a manner that they cannot be removed therefrom without destroying the label.
E Each label shall have the shop, mill, or factory number stamped thereon. Wherever a label is applied without the factory number thereon, it shall be regarded as forged. The factory number, in conjunction with the name of the Local Union, District Council, or Regional Council issuing said label, thus will permit recognition of the product of any particular factory in any part of the jurisdiction of the British Columbia Provincial Council of Carpenters.
F Where owner or architect specifies that union materials shall be used on any job or building, none other shall be handled by the membership.
G No member shall use or authorize the use of any copy or replica or other duplication of the label or emblem of the British Columbia Provincial Council of Carpenters or any part thereof for any personal, commercial, or other unofficial use without the express written approval of the Executive Board.

SECTION 58 – PROPERTY
A All Officers, Business Representatives, and Assistant Business Representatives, at the expiration of their terms of office, when removed or suspended under Section 53 D, or when their offices are declared vacant, shall deliver to their successors all books, papers, monies, and other property in their possession belonging to the British Columbia Provincial Council of Carpenters, and they shall not be relieved of their bonds or obligations until this law 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 Local Union, District Council, or Regional Council shall constitute compliance with this Section. The cost of such audit shall be borne by the Local Union, District Council, or Regional Council.

SECTION 59 – PENSION PLANS
A All paid Officers, Business Representatives, and other employees are entitled to participate in the Carpentry Workers’ Pension Plan of British Columbia or any other appropriate pension plan registered in the Province of British Columbia.
B For each member qualified in Section 59 A, the relevant Local Union, District Council, Regional Council, or Provincial Council shall pay each month to their appropriate pension plan an amount equal to the negotiated contribution as set forth in the collective agreement under which the majority of their members are employed.

SECTION 60 – METHOD OF AMENDING CONSTITUTION
A Proposed amendments to this Constitution and Laws shall be submitted in writing by affiliated Local Unions or District Councils to the Provincial Council for submission to the Convention, in accordance with the provisions of Section 14 G. If approved by a majority of Convention delegates, the proposed amendment shall be submitted to a referendum vote of the membership within six months following the Convention. To become law, the proposed amendment must receive a majority of all votes cast.
B The Provincial Council Executive Board may, at any time, submit any proposed amendment deemed necessary to a referendum vote of the membership. To become law, the proposed amendment must receive a majority of all votes cast.
C Any three Local Unions, whose combined membership is not less than twenty-five percent of the total membership of affiliated Local Unions, may present a proposed amendment to the office of the Provincial Council Secretary-Treasurer. The proposed amendment shall be submitted to a referendum vote of the membership, unless it is presented within six months of convening of the Convention; then it shall be laid over and shall be submitted to the Convention, unless withdrawn by its sponsors. To become law, the proposed amendment must receive a majority of all votes cast.
D This Constitution and Laws and all amendments thereto shall go into effect when approved by membership referendum.

SECTION 61 – REFERENDA
A A secret ballot will be taken on all referenda. The ballots shall be counted by the British Columbia Provincial Council of Carpenters’ Tabulating Committee, and then given to the Provincial Council, who will publish only the totals for the province as a whole. All Local Unions must have at least twenty-one clear calendar days in which to have called carded meetings for any referendum vote conducted under the auspices of the British Columbia Provincial Council of Carpenters.
B Participating Local Unions shall be required to report the number of members in attendance at such meetings, from which a local-by-local attendance list will be compiled and sent to the Local Unions, together with the results of the referendum.

SECTION 62 – CODIFICATION
A All Laws or parts of Laws previously enacted by the British Columbia Provincial Council of Carpenters, and standing decisions of the Provincial Council Executive Board, in conflict with the Constitution and Laws of the British Columbia Provincial Council of Carpenters, are hereby repealed, and the Provincial Council Executive Board is hereby authorized and empowered to make any needed changes as required by the vote of the delegates to the Convention of the Provincial Council.