When in the judgment of the negotiating committee the involved employer has made a final offer of settle- ment, such negotiating committee shall have the author- ity, with the approval of the General Executive Board, to conduct agreement ratification votes and strike votes on such area, multi-area, multi-employer, national, compa- ny-wide, industry-wide, or Local Union basis as the committee shall determine, except that no such final offer shall be considered to be a contract offer subject to ratification by the membership until it has been reviewed by the Local Unions which are the bargaining represen- tatives of the involved members. In the event a strike is authorized, the said committee shall have the authority, with the approval of the General Executive Board, to direct that the strike be conducted on such area, multi- area, multi-employer, national, company-wide, industry- wide, Local Union, or such other selective basis as the committee shall determine. Results of ratification or rejection votes with respect to master agreements shall be determined by all involved voting members on a cumulative basis of all votes cast as follows:
(1) If at least one half of the members eligible to vote cast valid ballots then a cumulative majority of those voting in favor of the final offer shall result in accept- ance of such offer; and a cumulative majority of those voting against acceptance of the final offer shall author- ize a strike without any additional vote being necessary for such strike authorization. A tie vote shall be resolved as provided in Section 1(b)(l) of this Article.
(2) If less than half of the eligible members cast valid ballots, then a two-thirds (2/3) vote of those voting shall be required to reject such final offer and to authorize a strike. The failure of such membership to reject the final offer and to authorize a strike as herein provided shall require the negotiating committee to accept such final offer or such additional provisions as can be negotiated by it.
Once a strike is called, a contract thereafter may be accepted by a majority vote of the involved members voting either by secret ballot or by mail referendum as directed by the bargaining committee. Any question aris- ing from the application or interpretation of this Section shall be decided by the General President, whose deci- sion shall be final.
(e). If an employer whose employees are represented in, or affected by bargaining for a master agreement makes a proposal which, in the opinion of the negotiating com- mittee, or its duly authorized subcommittee, is not accept- able because not reasonably consistent with, or such employer insists on terms and conditions which are unac- ceptably inferior to, the standards set forth in a master agreement already approved as a result of votes conducted under this Section among all involved employees, includ- ing that employer’s own involved employees, the negotiat- ing committee, as agent of the Local Unions involved, may reject such proposal as contrary to the best interests of all involved employees. Such negotiating committee may, with the approval of the General Executive Board, author- ize a strike of such employer’s involved employees to maintain existing standards, attain approved standards, or to protest unfair labor practices of such employer, without any additional vote.
Strike votes shall not be required in any case where a collective bargaining agreement then in existence authorizes such strike for the purpose of enforcing the terms of such agreement. Nor shall a strike vote be required in support of demands that an employer agree to the terms and conditions of an agreement already negotiated and approved on a state, multi-state, multi- employer, national, company-wide, or area basis of which unit such employer is a member. In such case, the negotiating committee, subject to the approval of the General President, may call the strike in support of its position, and may also, with the approval of the General President, terminate such strike without a vote.
If it should appear to the negotiating committee that the process of ratifying by mail referendum ballot a final offer of settlement of a proposed master agreement involving more than one Local Union while a strike is in progress, which final offer carries a recommendation for acceptance by the negotiating committee, shall take a period of time which would impose unnecessary hard- ships on the strikers, the negotiating committee, with the approval of the General Executive Board, may direct the temporary suspension of such strike until the vote on acceptance or rejection is completed. If the final offer of settlement is rejected, the negotiating committee, with the approval of the General Executive Board, may order the resumption of such strike without a vote.
The negotiating committee shall also have the author- ity, with the approval of the General Executive Board, to temporarily suspend or terminate a strike on such area, multi-area, multi-employer, company-wide, industry- wide, national, Local Union, or such other selective basis as the Committee shall determine, without the vote of the involved employees and although no agreement may have been reached.
(friend). The General President, with the approval of the General Executive Board, shall also have the authority to take the actions set forth in the above Sections 2(d) and (e) when it shall appear to him that such action is neces- sary. If such action is taken by the General President, with the approval of the General Executive Board, it shall supersede any authority of the negotiating commit- tee.
All employers negotiating agreements with multi- union, multi-state, area, multi-area or national confer- ences, trade divisions or committees established hereun- der, or with subordinate bodies, shall be provided with a copy of this Article at the time negotiations are started so they will have notice of the approval necessary for a binding agreement.
Sections 2 and 3 of this Article shall be broadly inter- preted to carry out the intent and purpose of permitting master negotiations and master agreements in any indus- try in which the International Brotherhood of Teamsters shall determine.
Section 3. An area, multi-area, national, multi- employer, company-wide, or industry-wide agreement covering members in the building and construction industry shall be ratified by majority vote of the Local Unions having and exercising jurisdiction over the work covered by the agreement, with designated representa- tives of said Local Unions casting the vote of their respective Local Unions. If a majority of the Local Unions voting through such representatives approves such agreement, it shall become binding and effective upon all Local Unions involved and their members. When in the judgment of a majority of the representa- tives of the involved Local Unions, an employer has made a final offer of settlement, such offer must be sub- mitted to the representatives of the involved Local Unions and can be rejected by a majority of the repre- sentatives of the involved Local Unions voting or responding to a referendum mail ballot. Such a rejection shall constitute authorization for a strike.
Section 4. Prior to a Local Union becoming involved in a strike, boycott, lawsuit, or any serious difficulty, such Local Union shall immediately notify the Joint Council of which it is a member of any contemplated action, setting forth the action contemplated and the nature of the difficulty. The Joint Council shall then take steps to approve or disapprove such contemplated action. The Joint Council shall notify the General President of the steps it has taken in respect to such con- templated action. The General President is authorized to approve, disapprove, or modify the action of the Joint Council. Approval, disapproval, or modification of the action of the Joint Council, Local Union, or a master negotiating committee by the General President shall not operate to impose any liability on the International Union or its officers or to make them parties to any such action. The International Union does not assume any lia- bility of any nature to any person or persons simply by reason of such approval, disapproval, or modification. In taking any action under this Article the International Union is not required and does not undertake to inquire into or pass upon the legality of any strike, work stop- page, or lockout under contracts or applicable state, provincial, or federal law and assumes no responsibility in this respect.
