Changes to the Local 142 Constitution Adopted at the ILWU Convention
The Local Constitution contains the rules and policy by which this union is run. ILWU Local 142 members have the opportunity to amend or change the Constitution every three years at the union’s Local Convention. If these changes are adopted by the Convention and ratified by the ILWU general membership, they become part of the rules that govern the union. The following Constitutional amendments were adopted at this year’s Local Convention, held from September 21 to 25, 2015 at the Hilton Hawaiian Village Resort. Deletions are bracketed, and additions are underlined.
C-1 • ILWU Local 142 Constitution Housekeeping
This Convention hereby authorizes the Local to make non-substantive style, punctuation, grammar, typographical and renumbering corrections to the ILWU Local 142 Constitution.
C-2 • Article II - Officers, Committees and Staff
2.01 Elected and appointed full-time officials and Business Agents of the Local and Divisions, while on the Union’s payroll, shall not be permitted to hold any other gainful position unless authorized by the Executive Committee with the approval of the Local Executive Board. Gainful position shall not be defined by the profitability of any such venture but rather whether the objective was to earn income or derive some benefit or material gain from said position. Gainful position shall include any monetary or personal interests in any business or other undertaking in which such interest would be in conflict with the duties of the official or employee, the interest of the Union, or to the programs and activities of the Local. [Any official or business agent who is reported to be so engaged shall be suspended from their position forthwith pending an investigation of the facts by the Judicial Panel established under Article XXVII or be terminated from employment in cases of at will employees.] The Local President will immediately undertake an investigation upon receipt of a report regarding an elected or appointed full-time official holding any other gainful position.
C-4 Amended v2 • Article III - Local Negotiating Committees and Caucuses
3.01.1.2 Longshore Industrial Grouping. Each Division shall have (1) basic longshore delegate who shall be the unit chair or a duly authorized representative. Oahu shall have (3) additional delegates. Oahu Longshore Chair shall attend all West Coast Longshore negotiation caucuses. Unit 4201 shall have four (4) additional delegates with a total of five (5) delegates. Unit 4201/Statewide Longshore Chair and one (1) additional committee member shall attend all West Coast longshore caucuses.
3.02.1.2 Longshore. Each Division shall have (1) basic Longshore delegate who shall be the unit chair or a duly authorized representative. Oahu shall have (3) additional delegates. Unit 4201 shall have four (4) additional delegates with a total of five (5) delegates.
3.03.2 Longshore. Each Division shall have one (1) basic longshore delegate who shall be the unit chair or a duly authorized representative. Oahu shall have three (3) additional delegates. Unit 4201 shall have four (4) additional delegates with a total of five (5) delegates.
C-6 • Amended - Article IV - Local Convention
Conventions will be held on the following rotational basis in a host Division, except when an exception is granted by the Local Executive Board.
Maui Division 2018
Hawaii Division 2021
Oahu Division 2024
Kauai Division 2027
Maui Division 2030
C-7 • Article XIII - Nominations
13.01.1 However, regardless of the above, any good standing member with ten (10) or more years of cumulative good standing membership as a rank and file worker (verifiable by Local membership records) shall also be eligible to serve as a Local or Division officer provided that they are in good standing at the time nominations are closed.
C-8 • Article XIV - Elections
14.03.1.5 If there is any question as to a member’s right to vote by the Unit or Division Balloting Committee, the ballot may be cast from where the appellant came from under the challenged ballot procedure. The challenged ballot will be impounded and the appeal determined by the membership records of the Local as soon as possible [Division Balloting Committee if such challenged ballots could affect the results of the election].
C-9 • Amended - Article XIV - Elections
14.10.2. The Local Executive Board shall adopt such rules and regulations necessary to carry out elections for the ILWU Local 142[.] , which may include procedures for work site ballot box voting, mail ballot voting, in-person touch screen voting, internet voting, or any other method as determined and approved by the Local Executive Board, but in any case, election procedures for the Hawaii Longshore Division shall be conducted as determined by the Hawaii Longshore Division Executive Board. Such rules and regulations may be amended from time to time.
C-10 • Article XVIII - Unit Elections
18.05.3 Any question as to the right to vote shall be determined by the Unit Balloting Committee in a procedure in accordance with ARTICLE XIV Elections, Section [3.1.5] 14.03.1.5.
C-11 • Article XVIII - Unit Elections
18.10 Challenge of Elections 18.10.1 Candidates shall be given the opportunity to challenge the elections by filing such challenges in writing with the Unit Secretary, [and/or] who will submit the challenge to the Local SecretaryTreasurer [who will then submit it to the Judicial Panel chairperson ]not later than ten (10) days after the election results are announced. Challenges must specify reasons, such as violation of the voting procedure or a demand for a recount, and include any other information, such as evidence of wrongdoing or witness statements. The Local Secretary-Treasurer will make a ruling in accordance with the Constitution, policies, rules, and applicable laws. The determination of the Local Secretary-Treasurer shall be final and binding on the unit, subject to the determination of the Local Executive Board on appeal.
[18.10.2 The challenges must specify the reasons such as violation of the voting procedure or a demand for recount and any other information required under policies or rules of the Local. 18.10.3 All election challenges shall be referred to the Judicial Panel for determination 18.10.4 The Judicial Panel shall render its decision on all election challenges in accordance with the Constitution, policies, rules, and applicable laws. 18.10.5 A determination of the Judicial Panel on any election challenge shall be final and binding on the unit, subject to the determination of the Local Executive Board on appeal.]
C-12 • Article XXVIII - The Judicial Panel
28.01 The ILWU shall have a Judicial Panel pool consisting of at least five (5) members all in good standing, appointed by the Local Executive Board. At least [O]one (1) member will be appointed from each Division, and at least one (1) member appointed at large. The members shall serve a term concurrent with the terms of elected officers but remain until their replacement is named. The Local Executive Board shall also appoint at least two members in good standing to serve as alternate members. In the event a Division brings a challenge, the member(s) from that Division shall not sit to hear the charge. Instead the Judicial Panel shall designate the alternate member(s) to serve for that case. If any division member is disqualified, the Judicial Panel shall select one of the alternates to replace the disqualified member.
The Tourism Industrial Grouping caucus meets to nominate their Local Executive Board candidate.