As the 43^rd Grand Lodge Convention approaches, the third installment of proposed changes to the Grand Lodge Constitution and By-Laws have been received and are listed below.

The procedure on how to make changes in the Constitution and By-Laws was printed in the August 1997 Journal.

Anyone contemplating such changes in the Constitution and By-Laws should refer to that article or refer to the actual Constitution and By-Laws which is available through all Subordinate Lodges.

All proposed changes must be received no later than April 30, 1998 for publication in the Journal. Any changes received after that date will be returned to the member who submitted them and will not be acted upon by the Constitution and By-Laws Committee.

In the proposed changes listed here, language recommended for deletion is denoted by a line through the word or words, while language that is recommended to be added is denoted by underscoring and bold-face type.

1998 PROPOSAL NO. 4

SUBMITTED BY SUBORDINATE LODGE 26

(Corrected from March 1998 Journal)

ARTICLE XXIII, SECTION 5, PARAGRAPHS 1 AND 2, BE AMENDED TO READ:

Sec. 5. Nomination and Election of System Division or Federation Officers. Effective with elections to be held during 1960 and thereafter, all Officers of System Divisions or Federations shall be elected not less often than once every four (4) years either; (1) by secret ballot vote of the members in good standing of each Subordinate Lodge under the jurisdiction of such System Division or Federation or (2) by delegates and incumbent Officers of the System Division or Federation who have been elected by secret ballot vote of the members of said Subordinate Lodges to represent them on such System Division or Federations. Any incumbent Officer of a System Division or Federation originally elected by secret ballot vote to represent a Subordinate Lodge on the System Division or Federation may continue to participate in future elections if so permitted by the System Division's or Federation's Constitution and/or By-Laws and so long as he remains an Officer and provided that Subordinate Lodges are given an opportunity to elect new delegates prior to each election held by the System Division or Federation.

If such elections are conducted by secret ballot vote of the members in good standing of each Subordinate Lodge comprising the System Federation or Division, s Such election shall be conducted by referendum of said membership and a plurality of the votes cast for each office shall be sufficient to elect. Prior to any such election a reasonable opportunity to nominate candidates shall be afforded by at least fifteen (15) days' advance notice in writing to members of the Subordinate Lodges at their last known addresses of the date, time, and manner in which nominations will be received and the election held. If elections by System Divisions or Federations are conducted by the alternative method of having only Subordinate Lodge delegates and incumbent Officers as aforesaid participate in the election, then the elections shall be by majority vote after at least fifteen (15) days' advance notice in writing to the delegates and incumbent Officers of the date, time, and place in which nominations shall be made and the elections conducted.

1998 PROPOSAL NO. 8

SUBMITTED BY BMWE EASTERN SYSTEM FEDERATION

ARTICLE XXIII, SECTION 14, PARAGRAPH 2, BE AMENDED TO READ:

The International Association shall be composed of all General Chairmen, Vice Chairmen, Assistant Chairmen and Secretary-Treasurers of System Divisions or Federations, or others of comparable title, and all Grand Lodge Officers and Appointees.

PROPOSAL NO. 9

SUBMITTED BY SUBORDINATE LODGE 144

ARTICLE XXIV, SECTION 8, PARAGRAPH 5, BE AMENDED TO READ:

Should the State or Provincial Legislative Director for any reason be unable to attend to his or her duties, he shall at once notify the Grand Lodge President, who will instruct the Assistant State or Provincial Legislative Director to serve as the State or Provincial Legislative Director until the State or Provincial Legislative Director is able to resume his or her duties or until the end of his or her term, whichever the case may be. If for any reason the Assistant State or Provincial Legislative Director is unable to serve, the Grand Lodge President may appoint a Local Lodge Legislative Representative recommended by the State or Provincial Legislative Director to perform necessary duties of the State or Provincial Legislative Director until the State or Provincial Legislative Director and/or Assistant State or Provincial Legislative Director is able to resume his or her duties.

1998 PROPOSAL NO. 10

SUBMITTED BY SUBORDINATE LODGE 55

ARTICLE XIX, SECTION 3, PARAGRAPH 2, BE AMENDED TO READ:

Thereafter, effective with the payment of dues for the month of November 1990 Grand Lodge dues shall be adjusted to reflect nine-tenths (9/10) of the average straight-time hourly rate-of-pay. Effective with the payment of dues for the month of November 1991 Grand Lodge dues shall be adjusted to reflect one and five one hundredths (1.05) of the average straight time hourly rate of pay, effective with the payment of dues for the month of November 1992 and January of each succeeding year Grand Lodge dues shall be adjusted to reflect one and two tenths (1.2) of the average straight time hourly rate of pay. The average straight time hourly rate of pay will be based on the information reflected in Interstate Commerce Commission Statement No. A-300 for Maintenance of Way Employes for calendar year 1989 and each successive year. Said amount shall be rounded to the nearest 25 cents, which additional sum shall be taken into consideration when calculating any dues increase for the following year. Except on those roads or portions of the roads where an agreement has been reached that was influenced as a result of a 49 USC 10901 transaction or similar transaction and on those roads or portions of the roads where the average straight-time hourly rate of pay for maintenance of way employees is 15 percent (.15) or more lower than the straight-time hourly rate of pay for maintenance of way employees as reflected in the Interstate Commerce Commission Statement No. A-300; whose dues will be adjusted down to reflect the difference between their actual wage and the wage reflected in the Interstate Commerce Commission Statement No. A-300.

1998 PROPOSAL NO. 11

SUBMITTED BY SUBORDINATE LODGE 1879

ARTICLE XXI, SECTION 4(b)(III), PARAGRAPH 2, BE AMENDED TO READ:

Members who upon retirement, or upon the receipt of an annuity, continue without interruption to pay full dues and assessments or who have received life memberships shall be entitled to attend and participate in Subordinate Lodge meetings, and shall be eligible to serve as delegates to System Division or Federation Conventions and Conventions of the Grand Lodge. Such members serving as Brotherhood Officers or representatives at the time of retirement, or at the time annuity is granted, may serve out the balance of the term for which elected. They shall not be eligible for election or re-election or to participate in the transaction of Brotherhood business except to the extent herein provided and in the case of Subordinate Lodge Secretary-Treasurers who shall be eligible for re-election as Subordinate Lodge Secretary-Treasurers or in the case of Legislative Representatives and Directors who shall be eligible for election or re-election to positions in the Legislative Department.

1998 PROPOSAL NO. 12

SUBMITTED BY SUBORDINATE LODGE 144

ARTICLE XXIV, SECTION 14, BE AMENDED TO READ:

Sec. 14. Endorsing of State and Provincial Candidates for Public Office. State or Provincial Legislative Directors may submit to the Grand Lodge President recommendations with respect to the endorsement of candidates for municipal, local, Sstate or Pprovincial office, and upon the Grand Lodge President's approval, such endorsements will be publicized within the State and Province. Prior to making any endorsement, State or Provincial Legislative Directors in a manner approved by the Grand Lodge President or the head of the Legislative Department shall notify members and officers living in the political jurisdictions where endorsements are being considered and shall solicit the opinion of the affected members concerning the propriety and efficacy of the contemplated endorsement. Under no circumstances shall a State or Provincial Legislative Director issue or publicize endorsements of any kind for candidates to national office.

1998 PROPOSAL NO. 13

SUBMITTED BY SUBORDINATE LODGE 1012

ARTICLE VII, NEW SECTION:

All salaries of Grand Lodge officers and appointees shall be listed in the Journal once a year, detailing earnings and expenses paid in the previous year.

1998 PROPOSAL NO. 14

SUBMITTED BY SUBORDINATE LODGE 1012

ARTICLE III, SECTION 4, PARAGRAPH 1, BE AMENDED TO READ:

Sec. 4. All appointments for positions coming under the President's supervision, and their salaries must be approved by the Executive Board prior to their appointment. Such salaries and appointments shall be listed in the Journal within 90 days.

1998 PROPOSAL NO. 15

SUBMITTED BY SUBORDINATE LODGE 1012

ARTICLE XV, PARAGRAPH 2, BE AMENDED TO READ:

The head of the organizing department, with input from appropriate Grand Lodge, system, and subordinate lodge officers, shall submit to the Grand Lodge President a detailed plan and feasibility study which shall outline a timetable, a cost analysis, and assessment relative to the potential for conducting a successful organizing drive on each targeted property. The Grand Lodge President, with approval of the majority of the Grand Lodge Executive Board, shall approve such organizing initiatives and expenditures on a case-by-case basis. While not engaged in providing organizing-related assistance to the general chairmen and vice presidents, the head of such organizing department shall perform any other work pertaining to the interest of the Brotherhood as directed by the President which may include consolidating, realigning, System, Federation, or Subordinate Lodges as deemed necessary.

1998 PROPOSAL NO. 16

SUBMITTED BY SUBORDINATE LODGE 1012

ARTICLE XXIII, SECTION 22, PARAGRAPHS 1, 2, AND 3 BE AMENDED TO READ:

Sec. 22. Consolidation of System Divisions or Federations. When two or more Systems of Railways are consolidated and operated as one unit, the Joint Protective Boards on such Systems of Railways may shall consolidate or federate in order to facilitate the representation of the members thereon, in the following manner.

When two or more Systems of Railways of approximately equal mileage and importance are consolidated, the Joint Protective Boards on such Systems may shall meet in joint session within 90 days. At such joint session, existing Constitutions and/or By-Laws shall be suspended and all Officers' positions declared vacant, and a new Constitution and/or By-Laws suitable for the government of the Consolidated System Division or Federation shall be adopted and new Officers elected nominated and election by mail-in ballot to members affected by consolidation.

Where a small System of Railway is being consolidated or absorbed by a large System of Railway, the System Organization on such small absorbed System may shall become affiliated with the System Organization on the large absorbing System and shall be governed by the Constitution and/or By-Laws in effect on such larger System with respect to representation and otherwise.

1998 PROPOSAL NO. 17

SUBMITTED BY BMWE STATE LEGISLATIVE DEPARTMENT

ARTICLE XIX, SECTION 3, PARAGRAPH 6 BE AMENDED TO READ:

For each monthly dues payment received by Grand Lodge, the Grand Lodge Secretary-Treasurer shall set aside the sums of one dollar seventy-five cents ($1.75) eighty cents (80¢), as well as a assessment of $8.00 in August of each year, to be placed in the United States (U.S.) State and Canadian Provincial Legislative Department Funds. The annual $8.00 assessment shall be re-distributed to the State and Provincial Legislative Department on a per capita of dues paying members residing in that State and Provincial Legislative Department for the use and purposes of the State and Provincial Legislative Department; and twenty-five cents (25¢) will be set aside and to be placed in an Emergency Fund and from which the President will have the authority to pay strike benefits.

1998 PROPOSAL NO. 18

SUBMITTED BY BMWE STATE LEGISLATIVE DEPARTMENT

ARTICLE XXIV, TITLE AND SECTIONS 1, 3, 4 (PARAGRAPH 4), 6 (PARAGRAPH 1), 8, 13, 14 AND 16 (PARAGRAPH 2), BE AMENDED TO READ:

Laws Regulating State United States (U.S.) and Provincial Canadian Legislative Departments Activities

Section 1. Purpose. To protect the interest and advance the quality of life of its membership and their families with respect to legislation at the state and provincial level, the Brotherhood of Maintenance of Way Employes, shall maintain a Legislative Department which will operate in accordance with the laws hereinafter provided provisions of this Constitution and Bylaws.

Sec. 3. Organization of State and Provincial Boards. Each Subordinate Lodge shall, at a regular or special meeting held between January 1 and June 30 in the year of a regular Grand Lodge Convention the respective legislative board convention, elect by secret ballot a local Legislative Representative to serve as a member on the State and Provincial Legislative Boards, and in addition they shall elect a Vice Legislative Representative who shall serve in the event the Legislative Representative is unable to carry out his or her the prescribed duties. The Secretary-Treasurer of each Subordinate Lodge shall report immediately to the Grand Lodge President the results of the election, giving the name of the persons elected as Legislative Representative and Vice Legislative Representative together with any other personal data pertaining thereto. Following a regular Grand Lodge Convention, tThe Grand Lodge President or the head of the appropriate Llegislative Ddepartment will direct the incumbent Director of the State or Provincial Legislative Board to convene the members elect at some convenient location within the State or Province for a Legislative Convention for the purpose of reviewing its work and achievements, and to elect Officers. An accurate record of the proceedings of the State or Provincial Convention shall be forwarded to the head of the respective Legislative Department, within 30 days after the State or Provincial Convention.

Sec. 4. Local Subordinate Lodge Legislative Representatives shall be given at least fifteen (15) days advance notice in writing at their last known home address of the time, date, and place at which elections will be held.

Sec. 6. Eligibility Requirements. Any member who at the time of his or her nomination for the position of Local Legislative Representative or Vice Legislative Representative, must be a resident and registered and/or qualified voter of the State or Province from which elected to serve and meet the eligibility requirements set forth in Article XXII, Section 9, Paragraph 2 of these Constitution and By-Laws. These requirements shall also apply to the position of State or Provincial Legislative Director and Assistant State or Provincial Legislative Director at the time of his or her nomination to the position.

Sec. 8. Duties of the United States (U.S.) State or Provincial Canadian Legislative Director. It shall be the duty of the State Legislative Directors when authorized by the Grand Lodge President, or the head of the respective Legislative Department, to attend sessions of the State Legislatures for the purpose of carrying out the Department's Legislative program to promote legislation that will advance the wages, hours and working conditions and improve the quality of life for the membership and their families and to oppose legislation deemed detrimental.

The State or Provincial Legislative Directors will preside at all meetings of their respective State or Provincial Legislative Board and cast the tie breaking vote.

The State Legislative Directors shall comply with all applicable State Lobbying Laws and cooperate with the Legislative Department in the filing of reports required thereunder.

The State or Provincial Legislative Directors shall render his or her appropriate bills for salary and expenses and a written report outlining his or her their legislative activities to the Grand Lodge President and the head of the respective Legislative Department not later than the 1st and 15th days of each month.

Should the State or Provincial Legislative Directors for any reason be unable to attend to his or her their duties, he they shall at once notify the Grand Lodge President, who will instruct the respective Assistant State or Provincial Legislative Director to serve as the State or Provincial Legislative Director until the State or Provincial incumbent Legislative Director is able to resume his or her duties or until the end of his the term, whichever the case may be. If for any reason the Assistant State or Provincial Legislative Director is unable to serve, the Grand Lodge President may appoint a Subordinate Lodge Legislative Representative recommended by the State or Provincial Legislative Director to perform necessary duties of the State or Provincial Legislative Director until the State or Provincial Legislative Director and/or Assistant State or Provincial Legislative Director is able to resume duty.

The State or Provincial Legislative Directors shall attend legislative meetings in their home state or provincial districts as directed by the respective legislative department head to keep informed on pertinent State or Provincial Legislation, and in every way possible advance the interests of the Brotherhood. Within thirty (30) days after the close of each legislative session, the State or Provincial Legislative Director shall submit to the Grand Lodge President a complete and comprehensive Report of all legislative work done during that session together with copies of any laws enacted that are of pertinent interest to this Brotherhood. The Legislative Department will in turn furnish a copy of such report together with such pertinent laws enacted to the Legislative Representatives of each Lodge and to the General Chairmen on railroads operating within such State or Province. The State and Provincial Legislative Director will work with the Subordinate Lodges and oversee the formation of a working COPE and Legislative Action Committee in each of the Congressional Districts in their state and to increase participation in the MWPL.

The State or Provincial Legislative Directors shall, at the direction of the respective legislative department head, establish appropriate legislative action committee(s) and develop and implement corresponding training in their respective districts. The directors shall also endeavor to increase participation in the MWPL and COPE programs and, at the direction of the respective legislative department head, perform lobbying efforts in their respective nation's capitol attend conferences and other meetings throughout the State or Province which the Grand Lodge President or the head of the respective Legislative Department determines if same will affect the members of the Brotherhood of Maintenance of Way Employes.

The State or Provincial Legislative Director shall represent the Brotherhood of Maintenance of Way Employes on various advisory committees of State and Provincial Government. Upon authorization of the Grand Lodge President or the head of the respective Legislative Department, he shall seek membership in various state and Provincial labor and interest groups that share in the Brotherhood ideology.

Upon authorization from the Grand Lodge president or head of the respective legislative department Tthe State or Provincial Legislative Director shall represent the Brotherhood before regulatory agencies that have authority over railroads for the purpose of disposing of questions that arise concerning safe, health and sanitary conditions that directly affect the membership.

Sec. 13. Salary and Expenses. The salary and expenses of Officers of State or Provincial Legislative Boards will be fixed by the Grand Lodge President with the approval of the Executive Board. The salary and expenses of Subordinate Lodge Legislative Delegates attending State or Provincial Legislative Conventions as provided for in Section 3 of Article XXIV, will be borne by the respective Subordinate Lodges.

Sec. 14. Endorsing of State and Provincial Candidates for Public Office. State or Provincial Legislative Directors may submit to the Grand Lodge President, for approval, recommendations with respect to the endorsement of candidates for municipal, local, State or Provincial office, in addition, the District COPE Committee may make recommendations to the State Director for endorsements of candidates for municipal and local elections. and upon the Grand Lodge President's approval, such endorsements will be publicized within the State and Province. Prior to the District COPE Committee making any endorsement, State or Provincial Legislative Directors recommendations, the Committee members shall notify their respective Subordinate Lodges members and officers living in the political jurisdictions where endorsements are being considered and shall solicit the opinion of the affected members concerning the propriety and efficacy of the contemplated endorsement. Under no circumstances shall a State or Provincial Legislative Director issue or publicize endorsements of any kind for candidates to national office without the approval of the Grand Lodge President.

Sec. 16. The Officers of the System Divisions or Federations and Subordinate Lodges of this Brotherhood should fully cooperate in actively supporting such all legislative programs as may be agreed upon by such Joint Legislative Boards or Committees; and, if possible, such Officers should furnish the Legislative Representative Director information requested by him or the Grand Lodge President for the purpose of carrying out the legislative program agenda.