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This exhibit was introduced into the trial of Michael Simmons vs. the El Paso and Southwestern Railroad Company through the deposition of John W. Hughes.

UA Special Collections AZ 114 box 1, folder 1A, exhibit 18


PREAMBLE AND CONSTITUTION of the INDUSTRIAL WORKERS OF THE WORLD

INDEX.

Index

2
 

Preamble

3
 

Art. I--Name and structure of organization

4, 5, 6, 7
 

Art. II--Officers, selection and duties thereof

7, 8, 9
 

Art. III--Duties of Genl. Executive Board

10, 11, 12, 13
 

Art. III--Contracts and Agreements

11
 

Art. IV--Conventions

13, 14, 15, 18
 

Art. V--The Label

18
 

Art. VI--Revenue, Fees and Dues

19
 

Art. VII--Membership, duties, qualifications, etc

19, 20, 21, 22, 23
 

Art. VIII--Defense Fund

23
 

Art. IX--Pledge for officers and members

23
 

Art. X--Amendments, publication of

24
 

Art. XI--Charter, number needed to get and hold

24
 

Art. XII--Repealing conflicting amendments

24
BY- LAWS.

Art. I--Membership, eligibility for

25
 

Art. II--Officers of unions and departments

25
 

Art. III--Officers, when elected and installed

25, 26
 

Art. IV--Vacancies.

26
 

Art. V--Duties of union officers

26, 27, 28
 

Art. VI--Charges, how preferred, etc

28, 29
 

Art. VII--Use of the seal

29
 

Art. VIII--Fees, dues and delinquents

29, 30
 

Art. IX--Withdrawal cards

30
 

Art. X--Transfers and back dues

30
 

Art. XI--Meetings of unions, etc

30
 

Art. XII--Repealing conflicting amendments

30,31
 

Art. XIII--Surrender of charter

31
 

Art. XIV-Quorum

31
 

Resolutions on political parties and propaganda leagues

31
 

Rules and Order of Business

32
 

I.W. W. PREAMBLE

The working class and the employing class have nothing in common. There can be no peace so long as hunger and want are found among millions of working people and the few, who make up the employing class, have all the good things of life. Between these two classes a struggle must go on until the workers of the world organize as a class, take possession of the earth and the machinery of production, and abolish the wage system. We find that the centering of the management of industries into fewer and fewer hands makes the trade unions unable to cope with the ever growing power of the employing class. The trade unions foster a state of affairs which allows one set of workers to be pitted against another set of workers in the same industry, thereby helping defeat one another in wage wars. Moreover, the trade unions aid the employing class to mislead the workers into the belief that the working class have interests in common with their employers. These conditions can be changed and the interest of the working class upheld only by an organization formed in such a way that all its members in any one industry, or in all industries, if necessary, cease work whenever a strike or lookout is on in any department thereof, thus making an injury to one an injury to all. Instead of the conservative motto, "A fair day's wages for a fair day's work," we must inscribe on our banner the revolutionary watchword, "Abolition of the wage system." It is the historic mission of the working class to do away with capitalism. The army of production must be organized, not only for the every day struggle with capitalists, but also to carry on production when capitalism shall have been overthrown. By organizing industrially we are forming the structure of the new society within the shell of the old. Knowing, therefore, that such an organization is absolutely necessary for our emancipation, we unite under the following constitution: Table of contents

CONSTITUTION

ARTICLE I.

Name and Structure. Section 1. This organization shall be known as THE INDUSTRIAL WORKERS OF THE WORLD. Sec. 2. The Industrial Workers of the World shall be composed of actual wage workers brought together in an organization embodying Industrial Departments, Industrial Unions and Industrial Unions with Branches, Industrial Councils, General Recruiting Union and Recruiting Unions. (a) Individual members, those actual wage-workers in isolated or unorganized localities, who desire to attach themselves to the Industrial Workers of the World shall become members of the General Recruiting Union until such time as an Industrial Union or branch of an Industrial Union shall be organized. Officers and employees of the General Office and Organizers under pay shall be members of the General Recruiting Union. The Secretaries of Recruiting Unions shall be empowered to initiate all wage-workers of any industry in their locality where an Industrial Union does not exist. Applications of all accepted members eligible for membership in existing Industrial Unions shall be forwarded to the Secretary of the General Recruiting Union, who shall transfer them to their proper Industrial Union. The Recruiting Union shall retain from each initiation fee the sum of ONE DOLLAR ($1.00) and from each due-stamp sold the sum of Twenty-five Cents (or any other sum that may be agreed upon) of each member sent in to an Industrial Union. Due-Books, Due-Stamps and Constitutions to be supplied by the Industrial Unions. (b) Recruiting Unions shall be composed of wage-workers in whose respective industry there does not exist during their membership an Industrial Union or Branch of their respective Industrial Union. (c) Industrial Unions shall be composed of all the actual wage workers in a given industry, welded together in trade or shop branches or as the particular requirements of said industry may render necessary. Whenever charters are issued for Branches of an Industrial Union, the Branches must, upon being chartered, form the Central Committee, or Executive Committee, of the Industrial Union. This Central Committee, or Executive Committee, of the Industrial Union shall maintain connection between the Industrial Union and all its Branches and the General Headquarters, Industrial Union or the Department Headquarters to which they belong. All moneys collected by the Branches for dues and supplies must be paid in to the Secretary of the Industrial Union, and all bills for expenses of carrying on the work of the Industrial Union shall be paid from the treasury of the Industrial Union. Funds raised by the Branches in any manner outside of the regular income of the organization for dues, assessments and supplies can remain in the treasury of the Branch which handles the raising of such funds. The Central Committee, or Executive Committee, of the Industrial Union shall be composed as follows: Each Branch of an Industrial Union shall be entitled to two delegates for the first fifty members or less, and one additional delegate for each 100 additional members or major fraction thereof; provided, however, that this basis for representation may be changed to suit industrial conditions. Each Delegate shall have one vote in the Central Committee, or Executive Committee. The officers of the Central Committee, or Executive Committee, of an Industrial Union shall be as follows: Chairman, Financial Secretary and Treasurer, and three Trustees, who shall hold office for a term of six months, or until their successors are elected and installed into office. The Chairman, Financial Secretary-Treasurer and Trustees of the Central Committee, or Executive Committee, shall be elected by the Central Committee, or Executive Committee, of the Industrial Union from the delegates to the Central Committee, or Executive Committee. The Central Committee, or Executive Committee, of the Industrial Union meet at least once every month, and shall hold at least one general membership meeting every three months, or on demand of any of the Branches, or when called for by a majority of the delegates. (d) An Industrial Department shall be made up of industrial Unions of closely kindred industries appropriate for representation in the departmental administration, and assigned thereto by the General Executive Board of the Industrial Workers of the World. (e) Industrial District Councils for the purpose of establishing general solidarity in a given district may be organized, and shall be composed of delegates from not less than five Industrial or Recruiting Unions, and shall maintain communication between said district and general Headquarters. (f) Industrial Unions and Recruiting Unions within the district defined in the charter of a district council shall be required to maintain affiliation with said council. (g) Industrial District Councils shall employ such organizers as may be deemed necessary, subject to the approval of the General Executive Board of the I.W.W. (h) Industrial District Councils shall hear all appeals on charges from members of Industrial Unions directly affiliated with the General Organization within their jurisdiction, and their decisions shall be binding in such matters unless appealed from to the General Executive Board or to the Convention. (i) All charters of Unions within the district defined by an Industrial District Council charter shall be first approved by said Council before application for charter is made to the G. E. B.; but no charter of a Union can be revoked by a District Council. Sec. 3. An Industrial Department shall consist of two or more Industrial Unions aggregating a membership of not less than 20,000 members. The Departments shall have general supervision over the affairs of the Industrial Unions composing same, provided that all matters concerning the entire membership of the I.W. W. shall be settled by a referendum. Sec. 4. The Departments shall be designated as follows:
Department of Agricultural, Land, Fisheries, and Water Products.
Department of Mining
Department of Transportation and Communication.
Department of Manufacturing and General Production.
Department of Construction.
Department of Public Service. Sec. 5. The financial and industrial affairs of each Industrial Department shall be conducted by an Executive Board of not less than seven (7) nor more than twenty-one (21), selected and elected by the general membership of said Industrial Department, provided that the Executive Board, and general membership of the said Industrial Department shall at all times be subordinate to the General Executive Board of the Industrial Workers of the World, subject to appeal, and provided the expense of such referendum shall be borne by the Industrial Departments, or Industrial Unions or Unions, involved. Table of contents

ARTICLE II.

Officers--Selections and Duties Thereof. Section 1. The General Officers of the I. W. W. shall be a General Secretary-Treasurer and a General Executive Board, composed of the above named officer and one member of each Industrial Department. A provisional General Executive Board, consisting of the above named and seven additional members shall be maintained until such time as the department organizations are formed. The General Secretary shall have voice but no vote in the affairs of the General Executive Board. Sec. 2. The General Secretary-Treasurer must be a member of the organization in continuous good standing for at least two years. The General Secretary-Treasurer shall be nominated from the floor of the Convention, and the three (3) candidates for the office receiving the greater number of votes in the Convention shall be submitted to the general membership of the organization for election. Sec. 3. The Provisional members of the General Executive Board shall be nominated from the general membership by the delegates on the floor of the Convention, and the three (3) candidates for each respective office receiving the highest number of votes in the Convention shall be submitted to the general membership of the organization through a referendum vote for election. Provided, however, that not more than three members of an Industrial Union shall go on the ballot, and that no more than one member of an Industrial Union shall be elected on the General Executive Board. Duties of the General Secretary-Treasurer. Sec. 4. The duties of the General Secretary-Treasurer shall be to take charge of all books, papers and effects of the office. He shall be nominated and elected as provided for in Article II, Section 2, and shall hold office until his successor is duly elected, qualified and installed, except in case he shall resign or be removed from office, when his place shall be temporarily filled by the General Executive Board. He shall furnish a copy of all proceedings to each Union regardless of their connection, if any, with any of the Departments of the Industrial Workers of the World. He shall conduct the correspondence pertaining to his office; he shall be custodian of the Seal of the Organization, and shall attach the same to all official documents over his official signature; he shall provide such stationery and office supplies as are necessary for the conducting of affairs of the Organization; he shall act as Secretary at all meetings of the General Executive Board and all conventions and furnish the Committee on Credentials at each convention a statement of the financial standing of each Industrial Department, Industrial Union, Industrial Council and General Recruiting Union. He shall have a voice but no vote in the governing bodies of the Organization. The General Secretary-Treasurer shall close his accounts for the fiscal year on the last day of the month preceding the Convention. He shall make a monthly financial report to the General Executive Board, and to the general membership, and he shall make a complete itemized report of the financial and other affairs of his office to each annual convention. He shall prepare and sign all charters issued by the General Executive Board. He shall receive all moneys for charters, dues, assessments and supplies from Industrial Departments, Industrial Unions, Industrial Councils and the General Recruiting Union; he shall receipt for same and care for and deposit all moneys as instructed to do by the General Executive Board in some solvent bank, or banks, which shall be drawn out only to pay indebtedness arising out of the due conducting of the business of the organization and then only after bill shall have been first duly presented by the creditor, when in payment thereof a check shall be drawn and signed by him. For the honest and faithful discharge of his duties he shall give a bond in such sum or sums as may be fixed by the convention or General Executive Board, the bond so given to be approved by the General Executive Board and kept in their custody. He shall devote his entire time to the affairs of the Organization, and shall at all times be under the supervision of the Executive Board and shall receive for his services four dollars per day, which shall be paid out of the funds of the Organization in the same manner as is provided for in the payment of other bills and indebtedness. He shall, with the approval of the General Executive Board, employ such assistance as is necessary to conduct the affairs of his office. Remuneration for such employee shall be fixed by the General Executive Board and paid as other bills and indebtedness, as hereinbefore provided for; he shall convene the General Executive Board as hereinafter provided. Table of contents

ARTICLE III.

Duties of the General Executive Board. Section 1. The General Executive Board shall be composed of the General Secretary-Treasurer and one member from each Industrial Department, as provided for in Article II, Section 1. The General Secretary-Treasurer shall be elected as provided for in Article II, Section 2, except in case of vacancy, when they shall be elected as provided for in Article II, Section 3. The other members of the General Executive Board shall be elected by their respective Industrial Departments Sec. 2. The General Executive Board shall have general supervision of the entire affairs of the organization between conventions, and watch vigilantly over the interests throughout its jurisdiction. They shall be assisted by the officers and members of all organizations subordinate to the Industrial Workers of the World. They shall appoint such organizers as the conditions of the organization may justify.
(a) The General Executive Board shall not appoint or cause to be appointed any delegate or organizer without first notifying the Union (if any) where the organizer or delegate is about to operate. Sec. 3. The General Executive Board shall not appoint as an organizer of the I.W.W. any one who is employed as organizer for any political party. All organizers shall at all times work under the instruction of the General Secretary-Treasurer. All organizers, while in the employ of the Industrial Workers of the World, shall report to the General Secretary-Treasurer in writing on blanks provided for that purpose at least once each week. They shall receive as compensation for their services twenty-one dollars per week and legitimate expenses. All organizers under pay must furnish the Secretary of the Industrial Union in the locality in which he is working an exact duplicate of the report that he sends in to the General Headquarters. Sec. 4. The decision of the General Executive Board on all matters pertaining to the organization or any subordinate part thereof shall be binding, subject to an appeal to the next convention, or to the entire membership of the Organization; provided, that, in case a referendum vote of the membership is demanded by any subordinate part of the Organization, the expense of submitting the matter to the referendum shall be borne by the Organization taking the appeal, except wherein the decision of the General Executive Board shall be reversed by a vote of the membership; then the expense shall be borne by the general organization. Sec. 5. The General Executive Board shall have full power to issue charters to Industrial Departments, Industrial Unions, Industrial Union Branches, Industrial Councils and Recruiting Unions, as provided for in Article I, Section 2. They shall also have power to charter and classify unions or organizations not herein provided for. Sec. 6. In case the members of any subordinate organization of the Industrial Workers of the World are involved in strike, regularly ordered by the Organization or General Executive Board, or involved in a lockout, if in the opinion of the General Executive Board it becomes necessary to call out any other union, or unions, or organization, they shall have full power to do so. Table of contents Agreements. Any agreement entered into between the members of any Union, or organization, and their employers, as a final settlement of any difficulty or trouble which may occur between them, shall not be considered valid or binding until the same shall have the approval of the General Executive Board of the Industrial Workers of the World. No Union of the General Organization, Industrial Department, or Industrial Union of the I.W.W. shall enter into any contract with an individual or corporation of employers binding the members to any of the following conditions:
(a) Any agreement wherein any specified length of time is mentioned for the continuance of the said agreement.
(b) Any agreement wherein the membership is bound to give notice before making demands affecting hours, wages or shop conditions.
(c) Any agreement wherein it is specified that the members shall work only for employers who belong to an association of the employers.
(d) Any agreement that proposes to regulate the selling price of the product they are employed in making.
(e) No Industrial Union or any part of the Industrial Workers of the World shall enter into any agreement with any Labor Organization. Sec. 7. (a) The Provisional General Executive Board shall meet only on call of the General Secretary-Treasurer or vote of the General Executive Board.
(b) The books of the General Secretary-Treasurer shall be audited twice within the fiscal year, the first time being audited by the General Executive Board members at their semi-annual meeting, and the second time by a committee of three (3), elected one from the Western Industrial Unions, one from the Middle States Industrial Unions, and one from the Eastern Industrial Unions. The General Secretary-Treasurer shall publish the Auditing Committee's report along with monthly report, and he shall give the names of the auditors, together with their card numbers and the numbers of the Industrial Unions of which they are members. Sec. 8. The General Executive Board shall, by a two-thirds vote, have power to levy a special assessment when subordinate parts of the Organization are involved in strikes and the condition of the treasury makes such action necessary; but no special assessment shall exceed 50 cents per member in any one month, nor more than six (6) such assessments in any one year, unless the same shall have been approved by a referendum vote of the entire membership. Sec. 9. The General Executive Board shall have full power and authority over the official organ and guide its policy. The Editor shall be nominated and elected in the same manner as the General Secretary-Treasurer and shall receive such compensation as in the judgment of the General Executive Board is just and proper. Sec. 10. The members of the General Executive Board shall have power to visit any subordinate body of the I.W.W. and have full authority to examine and audit all accounts of said subordinate bodies, and also to compel the use of the universal system of bookkeeping as adopted by the convention of the I. W. W. from time to time. Sec. 11. All business conducted by the General Organization in localities other than where headquarters are located that involve the handling of finances, shall be audited as follows: The General Organization shall appoint an auditor or auditors and the Unions of the locality shall elect an auditing committee to work with the auditor or auditors from the General Organization. Sec. 12. Charges Against General Officers--Charges against any of the General Officers shall be filed in writing with the G. E. B. or the General Convention, at the option of the person filing charges. If the charges are filed before the G. E. B. they shall at once have a copy of the charges sent to the accused, together with a notice of the date of the hearing of the charges. Charges filed before the General Convention must be sent to the General Secretary at least sixty days prior to the date of the convening of the convention. On receipt of the charges the General Secretary will forward a copy of the same to the accused and notice to appear at the convention for trial. Any decision of the G. E. B. on charges tried by them shall be subject to appeal to the next General Convention and from the General Convention to the general membership. The decision of the General Convention on charges can be appealed from to the general membership. The cost of appealing to the general membership shall be borne by the party taking the appeal. If the vote on appeal results in favor of the party taking the appeal then the General Organization shall refund the cost of the appeal. Table of contents

ARTICLE IV.

Conventions. Section 1. The annual convention of the Industrial Workers of the World shall be held on the third Monday of November each year in the city where the General Headquarters is located. Sec. 2. The General Executive Board shall draw up a list of delegates against whom no contest has been filed at the general office. The General Secretary-Treasurer shall call the convention to order and read the aforesaid list. The delegates on the said list shall proceed to form a temporary organization by electing a temporary Chairman and a Committee on Credentials. Sec. 3. Delegates to the annual convention shall be as hereinafter provided for. The General Secretary-Treasurer and other members of the General Executive Board shall be delegates-at-large with one vote each, but shall not be accredited delegates nor carry the vote of any union or organization. No delegate shall cast more than one vote when voting on seating of a contested delegate or delegates. Sec. 4. Industrial Departments shall have two delegates for the first 10,000 of its members, and an additional delegate for each additional 5,000 members or major portion thereof. Sec. 5. Unions, chartered directly by the Industrial Workers of the World shall have one delegate for 200 members or less and one additional delegate for each additional 200 or major fraction thereof. Sec. 6. When two or more delegates are representing the General Recruiting Union, any Industrial Union or Industrial Department in the convention, the vote of their respective organization shall be equally divided between such delegates. Sec. 7. Representation in the convention shall be based on the national dues paid to the General Organization for the last six months of each fiscal year, and each union and organization entitled to representation in the convention shall be entitled to one vote for the first fifty (50) of its members and one additional vote for each additional fifty (50) of its members, or major fraction thereof. Sec. 8. On or before the 10th day of September of each year the General Secretary-Treasurer shall send to each Union and Industrial Department credentials in duplicate for the number of delegates they are entitled to in the convention, based on the dues for the last six months. Sec. 9. The Unions and Industrial Departments shall properly fill out the blank credentials received from the General Secretary-Treasurer and return one copy to the general office not later than November 1. The other copy shall be presented by the delegates to the Committee on Credentials when the convention assembles. Sec. 10. Delegates to the convention from the General Recruiting Union and Industrial Unions or Departments shall be in continuous good standing in the general organizations at least one year and in their local union at least ninety days prior to the nomination and election of delegates. Sec. 11. The expenses of delegates attending annual conventions shall be borne by their respective unions except mileage, which shall be paid by the General Organization out of a fund raised as hereinafter provided. On or before February 28th of each year the General Secretary-Treasurer shall issue a special voluntary assessment stamp at 25 cents to all Departments, Industrial Unions and General Recruiting Union. The secretaries of all Departments, Industrial Unions and the General Recruiting Union shall dispose of these voluntary assessment stamps, and remit all moneys so collected to the General Secretary-Treasurer at the end of each month. Sec. 12. Two or more Unions in the same locality, with a total membership of 500 or less, may jointly send a delegate to the convention, and the vote of said delegate shall be based on the representation hereinbefore provided for, provided said delegate is a member in good standing of one of the unions so sending him. Sec. 13. No union shall be admitted to representation unless it has been duly chartered three months before the assembling of the convention, and is otherwise in good standing. No Industrial Department, Industrial Union or General Recruiting Union that is indebted to the official organ or Publishing Bureau controlled by the * General Organizational be entitled to representation in the General Convention. Sec. 14. No union shall be entitled to representation at any convention that has not paid tax on at least twenty members for the six months prior to the convention. Sec. 15. The convention of the Industrial Workers of the World is the legislative body of the organization, and its enactments are of legal force when sustained by a referendum vote of the membership touching any and all amendments to the organic law which the convention may adopt. As to such amendments, they shall be submitted to a referendum vote by the General Executive Board within thirty days after the adjournment of the convention. The vote shall close thirty days after the date of the call for the referendum. Table of contents

ARTICLE V.

The Label. Section 1. There shall be a Universal Label for the entire Organization. It shall be of a crimson color and always the same in design. The use of the Universal Label shall never be delegated to employers, but shall be vested entirely in our Organization. Except on stickers, circulars and literature proclaiming the merits of the Industrial Workers of the World, and emanating from the general offices of the Industrial Workers of the World, the Universal Label shall be printed only as evidence of work done by I.W.W. members. When the label is so printed it shall be done by the authority of our Organization, without the intervention of any employer. Whenever the Universal Label is placed upon a commodity as evidence of work done by Industrial Workers, it shall be accompanied by an inscription underneath the label stating what the work is that Industrial Workers have done, giving the name of the Industrial Department to which they belong and the number or numbers of their Unions; and the Universal Label shall never be printed as evidence of work performed without this inscription. Table of contents

ARTICLE VI.

Revenue of the Organization. Section 1. The revenue of the Organization shall be derived as follows: Charter fees for Industrial Departments shall be $25.00. Charter fees for Industrial Unions, Branches of Industrial Unions, Industrial Councils and Recruiting Unions shall be $10.00. Sec. 2. Industrial Departments shall pay as dues into the General Treasury at the rate of Five (5) cents per month per member. Industrial and Recruiting Unions shall pay at the rate of fifteen (15) cents per month per member. Industrial Branches shall purchase all due-stamps and other supplies from the headquarters of their Industrial Union, but shall fill out the quarterly report blanks and forward same regularly to the General Secretary-Treasurer. Sec. 3. The initiation fee for members of Unions shall not exceed $5.00. The regular dues of Unions directly united with the General Organization shall not be less than 50 cents nor more than $1.00 per month, together with such assessments as may be levied, as provided for in Article III, Section 8, provided no part of the initiation fee or dues above mentioned shall be used as a sick or death benefit, but shall be held in the treasury as a general fund to defray the legitimate expenses of the Union. Sec. 4. Industrial Departments and Industrial Unions shall charge for initiation fee an amount not exceeding $5.00. Sec. 5. All Industrial Departments subordinate to the Industrial Workers of the World shall collect from the membership of their Organization a per capita tax at the rate of not more than 25 cents per month, provided that no part of the above mentioned moneys shall be used for sick, accident or death fund, but shall be held in the treasury of the Industrial Departments for the purpose of paying the legitimate expenses of maintaining the organizations. Table of contents

ARTICLE VII.

Membership, Etc. Section 1. None but actual wage workers shall be members of the Industrial Workers of the World. Sec. 2. A majority vote cast shall rule in the General Organization and its subordinate parts, except as otherwise provided for in this Constitution. Sec. 3. No member of the Industrial Workers of the World shall be an officer of a pure and simple trade union. Sec. 4. No one employed in an industry which is organized is eligible for membership in a Recruiting Union, and no member of a Recruiting Union can remain a member of the same after an industrial union of the industry in which he works has been organized. Sec. 5. The General Executive Board, or not less than ten Unions in at least three industries, may initiate a referendum on any subject. (a) Any Union in good standing with the General Office may institute or initiate a call for a referendum to be submitted to the General Office at once with reasons and arguments for same. (b) Upon the receipt of the initiative call for a referendum the General Office shall publish same with arguments for and against and must submit it to all Unions and Industrial Departments for seconds within thirty days. (c) Before any referendum shall be submitted the call for the same must be seconded by at least ten Unions in good standing in at least three different industries. (d) All seconds from Unions must be in the General Office within forty-five days from the date the call is submitted to the Unions for seconds. Should sufficient seconds not be received at the General Office within forty-five days the call for referendum shall be null and void. (e) After sufficient seconds are received the General Office must submit the motion for referendum vote within fifteen days. Tabulated returns of the vote of the Unions must be returned to the General Office within sixty days from the date the referendum is submitted to the Unions. (f) The returns of the referendum vote shall remain in the headquarters in sealed envelopes until the election committee as provided for in Paragraph g, meets. Such committee shall meet not later than ninety days from the date the referendum is submitted to the Unions. The General Secretary-Treasurer shall notify the Unions or body initiating referendum of date set for committee meeting. (g) The election committee to canvass the vote on referendum shall be composed as follows: Four members of at least one year's standing in the Organization, and in good standing, shall be elected by the Industrial Unions in the city in which General Headquarters are located, to act as an election committee. They shall have charge of all elections and referendums. In reporting through the monthly bulletins the results of referendums and elections the General Secretary-Treasurer shall give the names of the Election Committee, together with their card numbers and the number of the industrial Unions of which they are members. (h) The Union or body initiating the referendum shall pay the expenses of its own delegate on election committee unless the referendum is carried, in which event the expenses shall be paid by the General Organization as provided for in the Constitution under the "Officers' Salaries." Referendums initiated to change dates for any action or to defer action or postpone dates already set, must have sufficient endorsements to be operative and to allow the vote to be sent out at least sixty days prior to date which referendum seeks to change. Referendum returns from Unions or Departments can not exceed the paid up membership of the Union or Department for the three months previous to the vote on the referendum in question. Sec. 6. As soon as there are two or more Industrial Unions in closely kindred industries with an aggregate membership of not less than 20,000, the General Executive Board shall immediately proceed to call a convention of these Industrial Unions and to organize them as an Industrial Department of the I.W.W. Sec. 7. All unions, departments and individual members must procure supplies, such as membership books, official buttons, labels, badges and stamps, from the General Secretary-Treasurer, all of which shall be of uniform design. Sec. 8. There shall be a free interchange of cards between all organizations subordinate to the Industrial Workers of the World, and any Union or Industrial Department shall accept, in lieu of initiation fee, the paid up membership card of any recognized labor union or organization. Whenever an applicant wishes to retain his membership in another labor union said applicant shall be required to pay an initiation fee. Sec. 9. All departments and other subordinate organizations of the Industrial Workers of the World shall use the official Industrial Workers of the World stamps in membership books. All stamps shall be paid for as provided in Article VI, Section 2, and no member shall be considered in good standing who fails to pay dues and assessments inside of sixty days. Sec. 10. Editors of papers not controlled by the I. W. W. shall not be eligible to membership in the I.W.W. Sec. 11. No member of the I.W.W. shall represent the organization before a body of wage earners without first having been authorized by the General Executive Board or a subordinate part of the I.W.W. Sec. 12. No Organizer of the I.W.W. while on the platform for this Organization shall advocate any political party or political party platform. Sec. 13. All Organizers in the employ of the General Organization must be members of the General Recruiting Union during the term of their employment. Sec. 14. The General Organization, Industrial Departments, Industrial Unions and Recruiting Unions shall be prohibited from employing or reinstating expelled members, unless as provided for in Article VI of the By-Laws of the Industrial Workers of the World Constitution, until such expelled members shall have been reinstated and placed in good standing by the union from which they were expelled. Sec. 15. All persons hired by the I.W.W. shall be members of the I.W.W. for at least 90 days wherever possible. Table of contents

ARTICLE VIII.

Defense Fund. Section 1. The dues received by the General Organization shall be divided as follows: Ten per cent of all dues received shall be placed in a defense fund. The remaining 90 per cent shall be placed in the general fund. Sec. 2. A Union shall be entitled to assistance from the General Organization in cases of strike only when the General Organization has allowed or endorsed the said strike. Table of contents

ARTICLE IX.

Pledges for Officers, Etc. Section 1. All officers in the I.W.W., when being installed into office shall be required to give the following pledge: "Having been entrusted by my fellow wage workers with the position I am about to assume, I do solemnly pledge my word and honor that I will obey the constitution, rules and regulations of the Industrial Workers of the World, and that, keeping always in view its fundamental principles and final aims, I will to the best of my ability perform the task assigned to me. I believe in and understand the two sentences, 'The Working Class and the Employing Class have nothing in common,' and 'Labor is entitled to all it produces'." Sec. 2. Obligation to new members shall be printed on the application blanks. Sec. 3. No general officer of the Organization or parts thereof, or any salaried organizer, shall be permitted to accept any office in any political organization, nor shall they be allowed to accept any nomination for any political office except permission be granted by a referendum vote of the entire Organization. Table of contents

ARTICLE X.

Amendments. Section 1. Proposed amendments to the Constitution shall be in the hands of the General Secretary and printed in the official publication at least two months before the assembling of the convention. Sec. 2. All proposed amendments to the Constitution and By-Laws shall clearly state the Article, Section and Paragraph to which the amendment applies. New articles and sections shall be so stated. Each clause to be amended shall be on a separate sheet. Table of contents

ARTICLE XI.

Charters. Section 1. The number of signers required on application for charter shall not be less than twenty. Sec. 2. Any Union or Department of the I. W. W. that fails to pay its per capita tax for a period of ninety days shall be considered defunct, and all property, books, moneys and effects shall be surrendered to the General Office of the I. W. W. to be held in trust for a period of one year pending the reorganization of such Union or Department. At the end of that period the funds and property shall become the property of the General Organization. Sec. 3. The charter of a Union shall not be surrendered so long as ten members who agree to abide by the rules and regulations of the General Organization object thereto, nor shall the funds of any organization be divided among its membership. Table of contents

ARTICLE XII.

All parts of the Constitution conflicting with amendments ratified by a referendum vote are thereby declared null and void. Table of contents

BY-LAWS

ARTICLE I.

Membership Eligibility. Section 1. No working man or woman shall be excluded from membership in Unions because of creed or color. Sec. 2. Unions shall define the eligibility of their membership, not conflicting with the provisions of this Constitution. Sec. 3. Candidates who do not appear for initiation or present satisfactory reasons within thirty days after being notified of their election to membership shall forfeit their initiation fee. Table of contents

ARTICLE II.

Officers. Section 1. The officers of each Industrial Department shall be governed by such Industrial Department. Sec. 2. Officers of Unions paying tax directly to the Industrial Workers of the World shall comprise the following: Chairman, Recording and Corresponding Secretary, Financial Secretary-Treasurer Conductor, Warden and a board of at least three Trustees. Table of contents

ARTICLE III.

Election of Officers. Section 1. Officers of Unions shall be elected semi-annually, and shall be nominated at two regular meetings immediately preceding December 1 and June 1. Election shall take place the last regular meetings of December and June. Sec. 2. Officers-elect shall be installed at the first regular meeting in January and July. Immediately after installation the Corresponding Secretary shall furnish the Secretary-Treasurer of the Industrial Workers of the World with a complete list of all local officers, with their post office addresses or street numbers, for the purpose of compiling and revising a directory of all unions. Sec. 3. At the semi-annual election it shall be the duty of the Recording and Corresponding Secretary to furnish ballots in sufficient numbers for the purpose of election, said ballots to contain the names of all candidates to be voted for at said election. Sec. 4. When an election is held for any office the presiding officer shall act as judge, and shall appoint two members to serve as tellers. The Recording Secretary shall keep a register of all votes cast. Only members in good standing may vote. Table of contents

ARTICLE IV.

Section 1. The officers-elect who have duly qualified shall be installed at the first regular meetings of January and July of each year by the Chairman. If any officer-elect, unless prevented by sickness or unavoidable occurrences, does not comply with the above provisions, such office shall be declared vacant. Sec. 2. After officers are regularly elected, qualified and installed they shall continue in office until their successors are regularly elected, qualified and installed. Table of contents

ARTICLE V.

Duties of Officers. Section 1. The Chairman shall preside at all meetings of the Union, preserve order therein and enforce the laws, rules and regulations of the Union; decide all questions of order, subject to appeal to the Union; act as judge of election and declare the result to the Union. All committees shall be elected from the floor. He shall, with the Financial Secretary-Treasurer, sign all checks or warrants drawn on the local treasury after accounts have been approved by a majority vote. He shall be entitled to vote at the election of officers, and in the event of a tie vote shall have the deciding vote. He shall see that all officers of the Union attend strictly to their duties. He shall see that all moneys are placed to the credit of the Union in a bank, or properly safeguarded, as designated by the Union. He may, for good reasons, call a special meeting of the Union at any time, and he shall call a special meeting upon a written request of one-tenth of the number of members in good standing. He shall, at the expiration of his term of office, turn over to his successor all property and effects entrusted to his keeping. Sec. 2. The Recording and Corresponding Secretary shall keep a record of the minutes of the Union, and shall at all times have his books ready for investigation by the Trustees or other authorized persons. Sec. 3. The Financial Secretary-Treasurer shall execute to the General Secretary-Treasurer a bond to be approved by him in such sum or sums as the General Secretary-Treasurer shall designate. It shall be the duty of the Financial Secretary-Treasurer to keep accurate accounts between the Union and the Industrial Workers of the World, and between the Union and its members. He shall receive all initiation fees, dues, fines and assessments, and for all dues and assessments collected by him he must place a separate stamp in the membership book for each month's dues or assessments paid, and shall cancel same with a dating stamp showing date of month and year when payments are made. He shall deposit all money belonging to the Union in some bank or other institution designated by the Union. He shall at all times have his books ready for inspection by the Trustees or a committee appointed for that purpose. He shall give a full report monthly to his Union and to the General Secretary-Treasurer. At the expiration of his term of office he shall turn over to his successor all the books, papers and property of the Union. Sec. 4. In cases where Unions have a Treasurer, or where there are no banks, a Financial Secretary and a Treasurer may be elected, provided both officers are bonded as provided in Section 3. Sec. 5. It shall be the duty of the Conductor to examine every person's book at meetings and see that they are correct and paid up, and shall report every member who is delinquent to the Chairman. Sec. 6. It shall be the duty of the Warden to take charge of the door and see that no one but members in good standing enter except by order of the Chairman. Sec. 7. The Board of Trustees shall hold in trust all bonds, securities and property of the Union, examine all books and accounts of the Financial Secretary-Treasurer once every three months, and report their findings at the next meeting of the Union. Should any of the Trustees leave or retire from office between elections, the Chairman shall see that their places are kept filled, and that all property kept m their care is turned over to their successors. Table of contents

ARTICLE VI.

Charges--Procedure. Section 1. Whenever any member of the Industrial Workers of the World violates any of the principles or rules of the Organization, he shall be proceeded against in the following manner: Charges shall be filed against the member in writing setting forth the facts in the offense with which the member is charged. The charges shall be read before the Union at the next regular meeting after the same have been filed. Upon the reading of the charges the Union shall appoint or elect a Trial Committee of five members from the floor of the meeting. The Trial Committee shall furnish the accused with a copy of the charges and a notice of the date set for the hearing of the same. Copy of the charges and notice of trial shall be sent by registered mail if mailed. If delivered in person they must be delivered in the presence of witnesses and an acknowledgment secured from the accused that he has received a copy of the charges and notice of the date of trial. The Trial Committee shall keep a complete record of the evidence pro and con of the trial. The Trial Committee shall report their findings to the next regular meeting after the conclusion of the trial, together with a record of the trial, and the Union shall affirm or reject the findings of the committee. Either party involved may take an appeal from the decision of the Union within 60 days from the date of the meeting passing on the report of the Trial Committee, by filing a notice of appeal with the Secretary of the Union in writing. The Secretary of the Union shall immediately forward the appeal, together with all the evidence of the case, to the General Secretary-Treasurer, who shall submit the same to the General Executive Board, unless the Union to which the accused belongs is a Branch of an Industrial Union. In this case the appeal shall be submitted to the Secretary of the Industrial Union or by him to the Executive Committee of the Industrial Union for their action. Either party can take an appeal from the action of the Executive Board to the Convention and General Convention, and from the Convention to the general membership, if they so desire. The expense, if any, in appeals on charges shall be borne by the party taking the appeal, unless the charges are dismissed. In which case the expense shall be borne by the respective organizations to which the charges are transmitted on appeal. In the event that a member of one Union desires to prefer charges against a member belonging to another Union, charges shall be disposed of in the following manner: The member preferring the charges shall present the same in writing before the Union of which he is a member, and the Secretary of that Union shall transmit a copy of the charges to the Secretary of the Union to which the accused belongs. Thereupon that Union shall proceed as hereinbefore provided. Table of contents

ARTICLE VII.

Section 1. Each Union shall be provided with a Seal by the General Secretary-Treasurer, which shall bear the number of the Union, and all official papers from the Union must bear an imprint of this Seal, and none will be legal without such impression. Table of contents

ARTICLE VIII.

Fees, Dues, Delinquency. Section 1. The initiation fees, and other fees, dues and assessments may be determined by Unions, but shall not conflict with the General Constitution. Sec. 2. Monthly dues are payable on the first day of each month. Members who do not pay dues or assessments for sixty days shall be in bad standing. Members in bad standing are not entitled to benefits of any kind from the Union, nor from the Industrial Workers of the World. Sec. 3. Members who become delinquent for dues and assessments for sixty days or more shall not again be entitled to any benefits until thirty days after such dues and assessments shall have been paid. Table of contents

ARTICLE IX.

Withdrawal Cards. Section 1. On application, withdrawal cards may be granted to members in good standing whose dues and assessments are paid, provided said member has ceased to be a wage worker. Table of contents

ARTICLE X.

Transfers. Section 1. Members wishing to be transferred from one Union to another shall show their card to the Secretary of the Union of which he wishes to become a member, and upon paying all dues and assessments the Secretary shall receipt for same, and shall immediately send for the transfer. Sec. 2. When a Union to which a member transfers collects for delinquent dues and assessments, none shall be remitted to the Union to which the member formerly belonged, but the same shall be retained by the Union making the collection. Table of contents

ARTICLE XI.

Meetings. Section 1. All Unions shall hold at least one regular meeting each month, and as many additional meetings as the Union may decide upon. VSec. 2. Recording and Corresponding Secretaries shall advise the General Secretary-Treasurer immediately of changes by Unions in time and place of meetings, so that the official directory of. the Industrial Workers of the World may be corrected at all times. Table of contents

ARTICLE XII.

Section 1. Unions shall have power to enact such laws for their government as they may deem necessary, provided they do not conflict with the Constitution and By-Laws of the Industrial Workers of the World. Table of contents

ARTICLE XIII.

Disbandment. Section 1. A Union shall not surrender its charter if ten members who agree to abide by the rules and regulations of the general Organization object thereto. Sec. 2. Upon a Union surrendering its charter, the General Secretary-Treasurer shall appoint a representative of the Industrial Workers of the World to take charge of the charter, supplies, property and funds of said Union. Members or Officers of said Unions refusing to deliver charter, supplies, property or funds of Unions surrendering their charters to the authorized representatives of the Industrial Workers of the World shall be expelled from the Organization and prosecuted. Table of contents

ARTICLE XIV.

Quorum. Section 1. Not less than seven members shall constitute a quorum for the transaction of business of a Union. Table of contents

RESOLUTIONS.

Political Parties and Discipline. "Whereas, The primary object of the Industrial Workers of the World is to unite the workers on the industrial battlefield, and "Whereas, Organization in any sense implies discipline through the subordination of parts to the whole and of the individual member to the body of which he is a part, therefore, be it "Resolved, That to the end of promoting industrial unity and of securing necessary discipline within the Organization, the I. W. W. refuses all alliances, direct or indirect, with existing political parties or anti-political sects, and disclaims responsibility for any individual opinion or act which may be at variance with the purposes herein expressed." Table of contents

ORDER OF BUSINESS.

  1. Opening and Calling Meeting to Order.
  2. Roll Call of Officers.
  3. Reading of Minutes.
  4. Reading of Applications for Membership.
  5. Initiation of Applicants.
  6. Reports of Committees, Standing and Special.
  7. Reports of Delegates and Officers.
  8. Reading of Communications and Bills.
  9. Monthly Report of Financial Secretary.
  10. Reading of the Receipts and Expenses since the Last Meeting by the Financial Secretary.
  11. Unfinished Business.
  12. New Business.
  13. Nominations, Elections and Installation.
  14. Good and Welfare.
  15. Adjournment.

Table of contents *Note: This table is between these pages in the original document. Back to text.

Table Containing Answers to Two Hundred Questions Upon Rules Relating to Motions Used in Business Meetings. Explanation:-A star (*) indicates that the rule at the top of the column it is placed in, applies to the motion after which it stands, blanks indicate that rules in those columns do not apply; a member in- dicates that the rule only partly applies, the number has reference to the note showing the limitations. Example-The table shows that the notion to "Take from the Table" "cannot be amended"; that it is "undebatable"; and that an affirmative vote (as shown in the note) "cannot be reconsidered", blanks in the other columns after this motion show that it does NOT "open the main question to debate", that it is NOT "in order when another member has the floor", that it does NOT "require a 2/3 vote"; but that it DOES "require to be seconded".

 

  Cannot be
amended.
Cannot be recon-
sidered.
Undeba-
table.
Opens main question to debate. In order when another has the floor. Requires a 2/3 vote - See Note 9. Does not require to be seconded
Adjourn * * * .. .. .. ..
Adjourn, Fixing the time at which to .. .. 1 .. .. .. ..
Amend (2) .. .. .. .. .. .. ..
Amend an Amendment * .. .. .. .. .. ..
Amend the Rules .. .. .. .. .. * ..
Appeal, Relating to Indecorum, etc. (3) * .. * .. * .. ..
Appeal, all other cases * .. .. .. * .. ..
Call to Order * .. * .. * .. *
Close Debate, A motion to .. .. * .. .. * ..
Commit or Refer .. .. .. * .. .. ..
Extend the Limits of debate, to .. .. * .. .. * ..
Leave to Continue speaking after indecorum * .. * .. .. .. ..
Lay on the Table * 4 * .. .. .. ..
Limit debate, Motion to .. .. * .. .. * ..
Objection to consideration of a question (5) * .. * .. * * *
Orders of the Day, to proceed to * .. * .. * .. *
Postpone to Certain Time .. .. 6 .. .. .. ..
Postpone Indefinitely * .. .. * .. .. ..
Previous Question, Motion calling for (7) * .. * .. .. * ..
Reconsider a Debatable Question * * .. * 8 .. ..
Reconsider an Undebatable Question * * * .. 8 .. ..
Rescind .. .. .. * .. .. ..
Special Order of Business, To make .. .. .. .. .. * ..
Substitute (Same as Amend) .. .. .. .. .. .. ..
Suspend the Rules * * * .. .. * ..
Take from Table * 4 * .. .. .. ..
Take up Question out of its proper order * .. * .. .. * *
Withdrawal of a Motion * * * * * * *
               

(1) Undebatable if another question is before the body. Back to table (2) An amendment may be either by "adding" or "striking out" words or paragraphs; or by "striking out certain words and inserting others"; or by "substituting" a different motion on the same subject; or by "dividing the quetion" into two or more questions, so as to get a separatevote on any particular point. Back to table (3) An appeal is undebatable only when relating to indecorum, or transgressions of rules of speaking, or the priority of business, or when made when the Previous Question is pending. When debatable only one speech is permitted from each member. On a tie vote the chair is sustained. Back to table (4) An affirmative vote on this motion cannot be reconsidered. Back to table (5) The objection can only be made when the quetion is first introduced, before debate. Back to table (6) Allows of but limited debate upon the propriety of postponement. Back to table (7) The Previous Question, if adopted, cuts off debate and brings the body to a vote on the pending question only, except when the pending motion is an amendment or a motion to commit, when it also applies to the question to be amended or committed. Back to table (8) Can be moved and entered on the record when another has the floor, but cannot interrupt business then before the body; must be made on the day, or the day after, the original vote was taken, and by one who voted with the prevailing side. Back to table (9) Every motion in this column has the effect of suspending some rule or established right of deliberative bodies, and therefore requires a two-thirds vote, unless a special rule to the contrary is adopted.