3F Construction, Earth and Environmental Workers Union
Articles of association for BJMF
§ 1 Name
The name of the union is: 3F Construction-, Earth-, and Environmental Workers Union Copenhagen (BJMF), based in Copenhagen or Frederiksberg municipalities.
§ 2 Organizational area of the union:
The municipalities of Copenhagen and Frederiksberg with additional organizational agreements.
§ 3 Purpose
The purpose of the union is:
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To organize all workers, apprentices and young workers within the organizational fields of United federation of Danish workers (3F) who are under employment within the organizational field of the Union, cf. § 2
- To make and maintain collective agreements and to make sure they are kept.
- To work for better pay and work conditions, to work for a secure and healthy work environment, to secure adequate education of high quality and to work for better conditions of life.
- To work for solidarity between all workers and other suppressed individuals, both nationally and internationally.
- To influence society, through union and political actions, towards a socially just and sustainable direction on a democratic socialist foundation.
§ 4 Membership
Pc. 1 The Union accepts as members, workers who work on workplaces, that are within the geographic, organizational and professional fields of the union.
Pc. 2 Members under the age of 18 has the right to vote, but are not due for election according to § 10 or other positions of trust since they require that the person should be of legal age.
Pc. 3 At enrolment the member will be contacted and informed of the rights and obligations as a member. Besides that, a membership certificate is sent out by the Federation (3F).
Pc. 4 Becoming a member of the union entails an obligatory membership of the relevant trades club. Likewise, membership of the workplace club (if any) is obligatory.
§ 5 Membership fee
Pc. 1 The money for the operation of the union is collected through membership fees that are set at the general assembly in the 2nd quarter. The membership fees are paid as settled in the laws of 3F. Extra membership fees can only be charged after the decision of a general assembly.
Pc. 2 Besides the fees set by the federation (3F), the union and the unemployment benefit fund, every member pays a fee to a club of their trade and maybe a workplace club.
Pc. 3 Missing payment leads to exclusion according to the rules of the unemployment law.
Pc. 4. Members, whose ability to work has substantially decreased, can get their membership fee reduced, after application, and settled by the daily leadership.
Pc. 5. Members who get a job outside of the organizational field of the union, can be moved to another union within 3F or another federation, when the membership certificate is in order and there are no arrears.
Pc. 6. Does a member want to leave the union, it has to happen by filling and signing a special withdrawal contract. By withdrawing from the union, a person cannot lay claim to the funds of the union.
§ 6 Rights and duties/ obligations of members
Rights for the members.
Pc. 1 As member of BJMF you have the right to the following:
- Counselling and guidance concerning pay and the terms of employment.
- Relevant assistance in case of disputes with employers.
- Counselling and guidance regarding the rules concerning work environment.
- Help to educate and elect trade union representatives and/or work environment representatives.
- Assistance with work related injuries and work related social cases.
- Assistance when bankruptcy or payments stop.
Pc. 2 When a worker has earned, but has not been paid salary, the union can make a loan according to §§ 5 and 6. This will, in every single case, be determined by the daily management.
To obtain a loan, the member has to inform the union immediately of the lacking payment of salary.
Duties of the member.
Pc. 3 Change of name, place of residence and employer must be communicated to the union as quickly as possible.
Pc. 4 It is the duty of every member to register the workplace with the union, if this has not happened.
Pc. 5 Members who are employed by an employer who does not have a collective agreement with 3F, has to report this to the union, which will then demand a collective agreement.
Pc. 6 It is the duty of the member to try to get unorganised colleagues to join the union.
Pc. 7. As soon as the necessary number of members have been reached on a workplace - according to general agreements and other relevant legislation, a shop steward and a work environment representative must be elected.
The result of the elections must be reported to the union as soon as possible.
Pc. 8 If a member violates these laws, works against the interests of the union or acts in disloyalty towards colleagues, the board has the right to nominate the member for exclusion of the union, cf. the laws of 3F.
Pc. 9 Members of the union must report unsolved or inconclusive disagreements with the employer to the shop steward/the union right away.
Pc. 10 No members can work under inferior conditions than those set forth by the general agreements.
Pc. 11 Strikes must not occur without the consent of the union.
Pc. 12 Members have the duty to contribute with all information the union needs to examine terms of the general agreement, payment and other terms of working.
Pc. 13 Members are required to contact the union immediately when situations arise in which it is warranted according to the “Normen § 17” to stop working.
§ 7 Ordinary General Assembly
Pc. 1 The general assembly is the highest authority of the union.
Pc. 2 The general assembly is held in the 2nd quarter of each year.
Pc. 3 The general assembly is to be announced at least 14 days ahead, with the indication of time, place and agenda. The annunciation has to be in the paper of the union or by letter /mail and by posters in the union and on the website of the union.
Pc. 4 All members have access to the general assembly as well as the right to speak. Every paying member has the right to vote in the general assembly.
Pc. 5 The agenda of the general assembly must at least include the following points:
- Election of conductor and voting committee.
- Approval of the agenda and rules of procedure.
- Protocol.
- Report from the year and work plan.
- Financial accounting, budget and membership fee.
- Received suggestions.
- Election according to the laws.
- Optional extra points.
Pc. 6 At every general assembly a voting committee of at least 6 persons is elected. Their time of election is until next ordinary general assembly.
Pc. 7 2 persons are elected as record controllers as well as 2 as substitutes and 2 as carriers of the banner of the union. They are elected for 2 years at a time. One of each is elected in even years and one of each in uneven years.
Pc. 8 Nobody can stand for election without being present at the general assembly or have made a written declaration that they will accept election. Situations of force majeure have to be approved by the general assembly.
Pc. 9 At elections in which there are more candidates than the number to be elected, , each member is to vote for maximum 2/3 of the total number of persons elected for the board, substitutes s of the board, voting committee and congress delegates.
Pc. 10 Suggestions that are proposed to the general assembly must be handed to the board through the chairman in writing at least 5 weekdays before the general assembly.
Suggestions for statements can be handled directly at the general assembly.
Pc. 11 The board proposes suggestions for the membership fee of the following year, but the fee is determined by the general assembly.
Pc. 12 The board ensures access control, so that nobody who is not guests - except for invited guests – participate in the general assembly.
Pc. 13 The general assembly establishes its own rules of procedure.
§ 8 Wages for elected members and employees
Pc. 1 The collective agreement for the house and the employee handbook are to be negotiated and agreed upon between the management and the elected trade union representatives of the employees. When a result of the negotiations has been reached, this has to be approved by a majority of the members of the board of BJMF as well as a majority of the votes in a ballot among the employees in BJMF before the result of the negotiations can be considered to be valid.
Pc. 2 In the calendar year before the collective agreement for the house must be renegotiated the general assembly discusses and determines the mandate of management and the newly elected board in regards to the upcoming negotiations of the collective agreement with the employees. This has to be discussed as a separate point on the agenda of the general assembly. Management and board should strive to achieve a result of negotiations mirroring the recommendations from the general assembly.
Pc. 3 Members of the daily management are paid a supplement of 8% more than what is agreed on in the collective agreement for the professional secretaries. The daily management has no maximum of working hours but they themselves set the rules regarding time off to counterbalance overtime.
Pc. 4 If a member of the daily management is not re-elected, the person withdraws from their position cf. the salaried employees act.
Pc. 5 Double wages must never occur for the shop stewards, branch management or employees. If a manager or an employee receives double wages, fees, subsidies for meetings or loss of income paid by the union (federation, committees and boards) this must be returned to the union.
§ 9 Extraordinary general assembly.
Pc. 1 An extraordinary general assembly is held, when at least 2% of the members with the right to vote declare, in writing, to the board of the union, that they require an extra ordinary general assembly, or if the chairman or a majority of the board finds it necessary.
Pc. 2 At least 75% of the members, who have called for an extraordinary general assembly, must be present to make it legal.
Pc. 3 An extraordinary general assembly is announced as in § 7 Pc. 3 and held maximum 30 days after the reception of the application about it.
§ 10 Congress and delegate meeting.
Pc. 1 The daily management group of the union along with a representative from the youth group are secured a place as delegates for the congress of 3F. The two groups (Service group and construction group) elect the rest of the delegates on their own general assemblies according to ratios from the 31st of December.
At the election of delegates, a broad selection of the different trades that the union represent should be obtained.
§ 11 Daily management / The board
Pc. 1 The board is the highest authority in between the general assemblies.
Pc. 2 At election for the board of the union it must be secured that the board is composed in such a way, that more than the half of the board members does not have their permanent employment in the union during the election period.
Pc. 3 The board of the union is elected for 1 year, but daily management is elected for 2 years. Daily management is composed by the following: 1 chairman, 1 cashier, 1 unemployment fund leader and 2 group chairmen. When Daily management has been elected, it shall elect among the other 4 members of Daily management a vice chairman, who shall substitute the chairman in case of non-attendance.
According to ratios between the groups from the 31st of December each year, the construction and the service group elect in total 2 group chairmen and 18 board members. The groups make an agreement on the procedure of election of substitutes.
The Youth group elects one member for the board of the union.
Electoral periods.
In even years is elected: 1 chairman, 1 unemployment fund leader, 1 chairman of the Construction group.
In uneven years is elected: 1 cashier, 1 chairman of the Service group.
The board should be composed by as wide a selection of members as possible, according to the trades that the union represent.
Pc. 4 If there are more candidates for daily management a ballot is made. To run for a position in daily management for the first time, 25 signatures from full members is required. It is only possible to sign for one candidate per post. A ballot concerning the chairmanship of a group is made among the members of the group and only members of the group are eligible.
The list of candidates should be handed over to the board of the union, represented by the chairman, no later than 5 days before the general assembly. To run for election as group chairman for the first time, the time line is no later than 5 days before general assembly of the group.
Pc. 5 The board, headed by the chairman, handles the interests of the union according to the federation (3F), the unemployment fund and the laws of the union as well as the decisions of the general assembly.
Taking into account the laws of the federation and the union, the board constitutes its own rules of procedure. The board has ordinary meetings at least 8 times a year and a conference of 2 days. The chairman can call for more meetings if necessary. The board sets itself up with secretary and the necessary committees.
Pc. 6 Members has the right to witness the meetings of the board, without the rights to speak or vote. At special occasions the board can have closed meetings. The agenda of the meetings of the board has a permanent point, where the trades clubs have the rights to speak.
Pc. 7 If a member of the board fails to show, without reporting their absence, for two consecutive meetings, the board member withdraws and the substitute takes the place as ordinary member of the board.
Pc. 8 Members of the board withdraw at the latest at the end of the month, when they are due for retirement.
Pc. 9 The board hires/fires the necessary employees, on the recommendation by daily management. The board determines the staffing needs. Daily management hires on the recommendation of a board-appointed hiring committee. Management dismisses employees and informs the board.
Pc. 10 The board is required to keep the values and properties of the union duly insured.
Pc. 11 If a functionary shop steward withdraws during an electoral period, the board may elect another new shop steward until time is due for election.
§ 12 Daily management of the union
Pc. 1 The Daily management of the union consists of; the chairman, the chairmen of the 2 groups, the cashier and the leader of the unemployment fund and, headed by the chairman, handles the interests of the union in between the meetings of the board.
§ 13 The structure of the Union
Pc. 1 The union consists of 2 groups, the Construction group and the Service group, with the underlying trade- and workplace clubs – cf. appendix B.
Pc. 2a The Construction group consists of members, who belong to the building group of the federation (3F).
Pc. 2b The Service group consists of members, who belong to the other groups of the federation (3F).
Pc. 3 The board of the union can define and/or move specific areas of collective agreement from one group to the other. The specific areas of collective agreement can vary from the structure of the federation (3F).
§ 14 Trade and workplace clubs.
Pc. 1 All members of the union are automatically members of the relevant club in the group. They are organized according to their current or latest trade of employment.
Pc. 2 The clubs make their own articles of association that cannot interfere with those of the union. The board of the union has to approve the articles of association.
Pc. 3 To keep the status of trade / work place club cf. Appendix A in the Articles of Association, it is a condition that the trade and workplace clubs getting their membership fees collected by BJMF hold a general assembly each year. When the assembly has taken place, the minutes and the accounts must be sent to the chairman of BJMF. If this is not respected, the trade or workplace club will be regarded as dissolved.
Pc. 4 The trade or workplace club general assembly agendas should at the least contain the following points: Election of conductor. Report from the year - financial accounting / budget - membership fee – received suggestions – election according to the laws.
Pc. 5 If a trade or workplace club cf. Appendix A is dissolved, all assets and movables goes to the union.
Pc. 6 If a member changes trade, the member is immediately to be moved to the relevant club. Members of the board of the trade club can stay for the electoral period.
§ 15 The youth group
Pc. 1 The apprentices, students and members of the union under the age of 30 handle the work concerning the youth group.
Pc. 2 The youth group holds an “Annual meeting” (similar to general assembly), where the youth group makes its articles of association, which cannot be interfering with those of the union and elects a board of at least 5 persons.
At least 30 young members must participate in the meeting to get the status of “annual meeting”.
Pc. 3 The youth group has the nomination right at the employment of a youth secretary and participate in determining the priorities of the youth secretary.
The youth secretary is employed for 2 years at a time and can only be rehired twice.
Pc. 4 The youth group has its own economy and predisposes over half of the ordinary apprentice/student membership fee.
§ 16 The power to sign for the union
Pc. 1 The chairman and cashier elected at the general assembly has the power to sign for the union in every case, based on the decisions of the board, except when buying, selling or renting real estate.
Buying, selling or renting real estate, requires the signatures of the functioning board and must be presented on the first coming general assembly.
The board must approve the rules of procedure for the daily economic affairs of the union.
§ 17 Financial accounting
Pc. 1 The financial year follows the calendar year.
Pc. 2 The cashier of the union keeps account of all income and expenses, properly and correct.
Pc. 3 The cashier has to explain in detail the financial accounting, when demanded by the chairman, the board or the accountants.
Pc. 4 All cash funds, except for those needed for daily operation of the union is put into a bank account in the name of the union as appointed by the board.
Pc. 5 The cashier is responsible for on-time settlement of membership fees as well as keeping the responsibilities of the union towards the federation and any third party.
Pc. 6 The cashier presents a written accounting plan and budget at each meeting of the board. At the ordinary general assembly the cashier presents an audited financial account of the year as well as an auditors´ protocol to be approved. The financial account and auditors´ protocol have to be accessible one month before the ordinary general assembly and handed out when required.
Pc. 7 If the financial account has not been run according to the decisions of the board, the board can suspend the cashier without pay and elect someone else.
§ 18 Revision
Pc. 1 The board engages a state authorised or registered accountant who audits the accounts and in accordance with the right audit practices conducts an examination of the accounting records of the union and endorses the accounts of the year with information about the revision and comments.
Pc. 2 The general assembly elects 2 record controllers as well as 2 substitutes, of whom half is elected in even years and the other half in uneven years. The record controllers and the substitutes cannot be members of the board of the union or employed by the union.
Pc. 3 The record controllers must inform themselves of the work of the board, and among other things make a critical control of the expense records and must present a report of the work done by the board at the general assembly. The record controllers always have the right to get access to the relevant material, as well as the minute of the board meetings.
Pc. 4 The record controllers must create an auditors´ protocol, which has to be presented at the first board meeting after revision as well as at the general assembly.
§ 19 Changing of the articles of association
Changing of the laws can only happen by a qualified majority of 2 thirds of the votes. If the suggestion gets a simple majority but not a qualified majority, the suggestion can be presented at a following general assembly and accepted by a simple majority.
§ 20 The closing of the union
Pc. 1 Merging with another union can only happen after the approval by the general assembly by a qualified majority of 2 thirds of the votes and only when approved by the board of the united federation of Danish workers (3F).
Pc. 2 If it is decided to close the union, the values of the union shall fall to the union or unions, who will take care of the geographical and trade areas of the union or the united federation of Danish workers (3F).
Pc. 3 The union cannot be closed unless it has been approved on a general assembly and when 2 thirds of the votes have approved at a ballot. The general assembly must be announced in writing to the federation (3F) 8 days ahead.
Appendix A:
List of clubs:
The service group:
- The public gardeners club
- The private gardeners club
- Special workers in Copenhagen and Frederiksberg (SKOF)
- Club of the street cleaners
- Club of the power (Strømmen)
- Club of park and nature
- Community of Lynetten
- KI club
- Frederiksberg municipality (FGV)
- Secondhand club (ARC)
- Trades club of iron/furniture & fixtures/saddle & upholsterer/tree industry/mixed (TIB)
- Trades club of public employees (TIB)
- The state/KL/regions
- The club, City and Habour
- The railway club
- The Dong club
- Natural gas of the capitol (HMN) the capitol and middle and north Zealand
- The sewer club
- The club of lighting workers club (VAF)
- Amagerværket Vattenfall
- 3F club ARC / resource center Amager
- Frederiksberg supply, gas and water
Construction group:
- Trades club of masons
- Trades club of the unskilled masons
- Trades club of joiners and carpenters
- Trades club of glass
- Trades club of floors
- United club of the soil and concrete workers
- Trades club of the unskilled pavers
- Trades club of the pavers
- Trades club of the isolation workers
- Trades club of the roofers
- Concrete worker club