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. 19

SUBMITTED BY SUBORDINATE LODGE 412

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. 20

SUBMITTED BY SUBORDINATE LODGE 331

ARTICLE XIX, SECTION 3, PARAGRAPH 7 BE AMENDED TO READ:

For each monthly dues payment received by Grand Lodge, the Grand Lodge Secretary-Treasurer shall set aside the sum of two dollars ($2.00) eighty cents (80¢), as well as a assessment of $8.00 in August of each year, to be placed in the State and Provincial Legislative Department Fund. 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 placed in an Emergency Fund and the President will have the authority to pay strike benefits.

1998 PROPOSAL NO. 21

SUBMITTED BY SUBORDINATE LODGE 2825

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

Sec. 4. The foregoing Grand Lodge Officers shall be nominated and elected at the regular quadrennial Conventions of the Grand Lodge by a representative majority vote of the duly accredited delegates elected by secret ballot as hereafter provided in this Constitution and By-Laws; provided, however, that the two (2) Vice Presidents and the member of the Executive Board from Canada shall be nominated and elected by delegates from Canadian System Federations and the five (5) Vice Presidents and the five (5) members of the Executive Board from the United States shall be nominated and elected by delegates from United States System Divisions or Federations. Each of the five (5) Vice Presidents and five (5) members of the Executive Board from the United States shall be from a System Division or Federation in his respective region and shall be nominated and elected by delegates from his respective region. Provided further, that the Grand Lodge President and Grand Lodge Secretary-Treasurer shall be nominated and elected by a representative majority vote of the delegates from both Canada and the United States. Grand Lodge Officers shall serve for a term of four (4) years unless removed by death, resignation or for cause, and shall be eligible for re-election but be limited to three (3) consecutive terms. They shall be installed during the session of Grand Lodge in which they are elected, their installation and term of office to be effective commencing September 1 following election except in the case of filling an unexpired term, when such Officer shall take charge of his office immediately upon being elected and he shall serve for the remainder of the term; provided, however, that the term of office of any temporary Grand Lodge Officer will expire immediately upon the election and installation of his successor.

1998 PROPOSAL NO. 22

SUBMITTED BY SUBORDINATE LODGE 1490

ARTICLE XXIV, SECTION 3 BE AMENDED TO READ:

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 following the year of a regular Grand Lodge 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 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. After June 30 in the year F following the year of a regular Grand Lodge Convention, the Grand Lodge President or the head of the Legislative Department 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.

1998 PROPOSAL NO. 23

SUBMITTED BY PENNSYLVANIA FEDERATION

ARTICLE XIX, SECTION 3, PARAGRAPH 7, BE AMENDED TO READ:

For each monthly dues payment received by Grand Lodge, the Grand Lodge Secretary-Treasurer shall set aside the sum of eighty cents (80¢), as well as a monthly assessment of $1.00 (one dollar) $8.00 in August of each year, to be placed in the State and Provincial Legislative Department Fund. The monthly $1.00 (one dollar) 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 placed in an Emergency Fund and the President will have the authority to pay strike benefits. On January 1 of each year, any unused monies from the $1.00 (one dollar) monthly assessment in the individual accounts of the States and Provinces shall revert back to the State and Provincial Legislative Department Fund.

1998 PROPOSAL NO. 24

SUBMITTED BY PENNSYLVANIA FEDERATION

ARTICLE XXIII, SECTION 22, BE AMENDED BY ADDING TEXT:

In the event the membership of the System Division or Federation would like to initiate a merger of their System Division or Federation with another System Division or Federation, the following procedure shall be used:

1. A petition must be signed by 30% of the membership in good standing of each System Division or Federation stating that it is the desire of those signing the petition that the respective System Divisions or Federations be merged under the appropriate procedure that is provided for in Article XXIII, Section 22, of these bylaws.

2. The petition shall be presented to the Grand Lodge President who shall promptly forward it to the General Chairmen of the System Divisions or Federations involved. The Grand Lodge President shall ensure that at least 30% of the membership in good standing of each involved System Division or Federation has signed the petition. The Grand Lodge President shall present his/her written decision to the General Chairmen of the System Divisions and Federations involved and those members of the BMWE that presented the petition that the petition is valid or not valid. If the determination is found that the petition is not valid, an explanation shall be provided as to why it is not valid. The Grand Lodge President must present his/her findings as to the validity of the petition within thirty days of receipt of the petition for merger.

3. Within 30 days of the validation of the petition, the Grand Lodge President shall initiate a secret mail ballot to be sent to each member in good standing of the involved System Divisions or Federations to determine whether a voting majority of each System Division or Federation shall approve of the proposal to merge the involved System Division or Federation. The Grand Lodge President shall use an honest ballot-counting company to conduct this ballot. Ballots must be counted on the 25^th day following the day they are sent if the 25^th day is a business day or the next business day following the 25^th day that they are sent to the membership if the 25^th day is not a business day.

4. A majority of those voting in each System Division or Federation must approve of the proposal to merge the System Divisions or Federations. If a majority of those voting in each System Division or Federation do not approve to merge the System Division or Federations, then the matter will be dropped and this procedure may not be used for the next two years.

5. If a majority of those voting in each System Division or Federation approve of the proposal to merge, then steps must be taken using the procedures in this section to merge the System Divisions or Federations. The System Divisions or Federations must be merged within sixty days of the day that the ballots are counted which approved the merger.

1998 PROPOSAL NO. 25

SUBMITTED BY PENNSYLVANIA FEDERATION

ARTICLE I, SECTION 4, BE AMENDED TO READ:

Sec. 4. The foregoing Grand Lodge Officers shall be elected by secret ballot, rank-and-file, mail-in ballot, nominated and elected at the regular quadrennial Conventions of the Grand Lodge by a representative majority vote of the duly accredited delegates elected by secret ballot as hereafter provided in this Constitution and By-Laws; provided, however, that the two (2) Vice Presidents and the member of the Executive Board from Canada shall be nominated and elected by the rank and file delegates from Canadian System Federations and the five (5) Vice Presidents and the five (5) members of the Executive Board from the United States shall be nominated and elected by the rank and file delegates from United States System Divisions or Federations. Each of the five (5) Vice Presidents and five (5) members of the Executive Board from the United States shall be from a System Division or Federation in his respective region and shall be nominated and elected by the rank and file delegates from his respective region. Provided further, that the Grand Lodge President and Grand Lodge Secretary-Treasurer shall be nominated and elected by the rank and file a representative majority vote of the delegates from both Canada and the United States. Grand Lodge Officers shall serve for a term of four (4) years unless removed by death, resignation or for cause, and shall be eligible for re-election. They shall be installed during the session of Grand Lodge following their election in which they are elected, their installation and term of office to be effective commencing September 1 following election except in the case of filling an unexpired term, when such Officer shall take charge of his office immediately upon being elected and he shall serve for the remainder of the term; provided, however, that the term of office of any temporary Grand Lodge Officer will expire immediately upon the election and installation of his successor.

In 2002, and each successive four years, election of Grand Lodge officers shall be done by mail ballot, rank-and-file, vote of the members in good standing in the following manner:

1. Candidates for office shall mail their declaration for office via certified mail, return receipt requested, into the Grand Lodge Secretary-Treasurer between January 1 and January 31 of the year of the election and declare for the office they are seeking. A candidate may only declare his/her candidacy for one Grand Lodge office in any election year.

2. In the March issue of the Brotherhood Journal or similar monthly Brotherhood publication that is mailed by Grand Lodge to each member in good standing, the Brotherhood shall print information in a uniform format for each candidate: candidates's picture; position they are seeking; age; current position in the Brotherhood; railroad occupation(s); home railroad, lodge, and system Division; previous position(s) held in the Brotherhood; educational background, and other positions held in the Trade Union movement. Candidates shall provide this information via certified mail to the Journal's Associate Editor complying with reasonable time limits established by the Associate Editor.

3. The Brotherhood Journal, or similar publication, shall print statements provided by each candidate in each issue for the months of March, April and May as follows:

A. 1000 words or less in each of the March, April and May issues of the Journal or similar monthly publication, written by each candidate for Grand Lodge President and Grand Lodge Secretary-Treasurer.

B. 750 words or less in each of the March, April and May issues of the Journal or similar monthly publication, written by each candidate for Grand Lodge Vice President.

C. 500 words or less in each of the March, April and May issues of the Journal or similar monthly publication, written by each candidate for Grand Lodge Executive Board.

Candidates shall provide these written positions via certified mail to the Journal's Associate Editor complying with reasonable time limits established by the Associate Editor. Each candidate shall have the right under this provision to provide three different statements for publication, one for each issue of the Journal or similar publication for the months of March, April and May. Each candidate shall be treated equally with respect to this section.

4. The election shall be supervised by an honest ballot-counting association such as the American Arbitration Association or other generally recognized honest ballot-counting association. The ballot-counting association shall be selected by the Grand Lodge President and approved by a vote of the International Association meeting at the regularly scheduled meeting in the year prior to the election.

5. Ballots shall be mailed on June 1 of the election year and each member shall be provided with a prepaid return envelope in which to mail their ballots back to the honest ballot counting association. Ballots shall be counted on June 25 at 6:00 p.m. If June 25 is a Saturday, Sunday, or national holiday, the ballots shall be counted at 6:00 p.m. on the next regular business day following June 25. The candidate receiving the most votes in each category shall be declared the winner.

6. The winners shall be installed at the Grand Lodge convention to assume office on September 1 of the election year. Winners who are not incumbents shall be compensated as if they were already assuming office for their positions during the interim month August and the departing officer shall cooperate fully with the winner during the interim month of office to insure an orderly transition.

7. The President and Secretary-Treasurer shall be elected at large in the general membership. Other Grand Lodge officers shall be elected by the members in the regions for which they are seeking election.

8. This new procedure will take effect immediately following the close of the 1998 Grand Lodge convention and any language in the Bylaws which are in conflict with this new language will be amended to reflect the meaning and substance of this new language.

1998 PROPOSAL NO. 26

SUBMITTED BY PENNSYLVANIA FEDERATION

ARTICLE XXIII, NEW SECTION:

STRIKE FUND. Monies in excess of fifteen million dollars in the current strike fund may be used at the discretion of the President, with the approval of the Grand Lodge Executive Board, to defray lost straight-time wages, overnight lodging, meals, travel or other expenses incurred by rank-and-file members and/or lodge officers who are attending BMWE-sponsored education seminars and activities designed to defend our collective-bargaining agreements and rights, expand our union and grow our power or to generally advance and promote the interests of the trade union movement. Should the strike fund fall below fifteen million dollars, then no monies may be used from the strike fund, other than to pay strike benefits, until such time as the fund again exceeds fifteen million dollars.

1998 PROPOSAL NO. 27

SUBMITTED BY SUBORDINATE LODGE 1055

ARTICLE XXII, SECTION 14, PARAGRAPH NO. 4, BE AMENDED TO READ:

Subordinate Lodges shall elect delegates and alternates to the Grand Lodge Convention at a meeting held on or after January 1 of the year in which the Convention convenes. All members in good standing of the Subordinate Lodge will be given at least fifteen (15) days' advance notice in writing at their last known addresses of the date, time and place at which election shall be held. The Grand Lodge Secretary-Treasurer will be advised of the results of such elections in ample time for this information to be recorded at the Grand Lodge. All expenses of said delegates shall be paid by Subordinate Lodge or Lodges represented.

Grand Lodge will establish and maintain, in a separate interest-bearing account, a convention fund for the purpose of reimbursing Subordinate Lodge delegates for expenses and wages incurred as a result of attending the Quadrennial Convention. The money for the convention fund will be a dues assessment of one (1) dollar out of each month's Grand Lodge dues paid by members in good standing. This assessment will go in effect with the next dues increase, or if no increase it will be started by October 1, 1998. The convention fund will be monitored by the President, Secretary-Treasurer and the Executive Board. When, and if, the account becomes self sufficient, the assessment will be discontinued until it is needed to be started again, with a dollar amount to be determined by Grand Lodge Executive Board.

All delegates within a radius of 100 miles to 1,200 miles will be allowed one (1) day's wages to travel to and one (1) day's wages returning from convention. All delegates with more than 1,200 miles will be allowed one (1) additional day's wages. All Subordinate Lodge delegates will be paid a day's wages for each day that the convention conducts any business to include Saturdays, Sundays or holidays if applicable.

Expenses will be actual expenses that each delegate incurs, and will be submitted to Grand Lodge on ES-1 form or other form that Grand Lodge requires. Receipts will be required for all expenses. Wages will be determined by the rate of pay that delegate was receiving the last day worked for carrier prior to coming to Grand Lodge convention, and will submit proof of that rate when submitting wage and expense form. One (1) day's wages will be based on eight (8) hours straight time, and no overtime will be paid.

1998 PROPOSAL NO. 28

SUBMITTED BY SUBORDINATE LODGE 1055

ARTICLE XXVI, SECTION 1, BE AMENDED TO READ:

Section 1. This Constitution and By-Laws and any Resolutions may be altered, amended or repealed in its entirety by a majority vote of the delegates present at the Grand Lodge Convention after written notice of proposed amendments, which shall specify the Articles and Sections intended to be changed, which have been timely submitted for publication in the official trade journal of the Brotherhood in advance of the Grand Lodge Convention; provided, however, that the last such notice is printed thirty (30) days before said Grand Lodge Convention; and provided, further, that if, in the usual course of any regular Convention of Grand Lodge, three-fourths of the delegates present, shall agree on the proposed alterations or amendments to the Constitution and By-Laws and Resolutions or the repeal in its entirety thereof, such changes may be made without the above required notice.

1998 PROPOSAL NO. 29

SUBMITTED BY SUBORDINATE LODGE 1055

ARTICLE XXIV, SECTION 3, BE AMENDED BY ADDING TEXT:

Following the Grand Lodge convention, each organization of State or Provincial Boards must meet, once a year, at some convenient location within the state or province for a legislative conference for the purpose of reviewing its work and achievements and setting their goals and plans for the next year's work. The date and time will be determined by the State or Provincial Director.

The expenses and wages for the members of the State or Provincial Board will be covered by Grand Lodge Legislative Department. Wages will be paid based on eight (8) hours straight time of the Board member. Expenses will be actual expenses and must have receipts. Wages and expenses will be submitted to and through the Grand Lodge Secretary-Treasurer and head of Legislative Department.

1998 PROPOSAL NO. 30

SUBMITTED BY SUBORDINATE LODGE 1055

ARTICLE XXIV, NEW SECTION:

In the future, all State or Provincial Legislative Directors will be Ex-Officio delegates to Grand Lodge convention.

1998 PROPOSAL NO. 31

SUBMITTED BY SUBORDINATE LODGE 1055

ARTICLE XXIV, SECTION 13, BE AMENDED TO READ:

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 Lodges.

The salary and expenses officers of State or Provincial Legislative Boards will be fixed by Grand Lodge President with approval of the Executive Board. The salary and expenses of the Subordinate Lodge Legislative delegates attending state or provincial legislative conventions, as provided in Section 3 of Article XXIV, will be borne by the Grand Lodge Legislative Department.

1998 PROPOSAL NO. 32

SUBMITTED BY SUBORDINATE LODGE 1055

ARTICLE XXIV, SECTION 11, BE AMENDED TO READ:

Sec. 11. Financing of the Department's Activities. For the purpose of defraying administrative costs and the salary and expense of State and Provincial Legislative Board Members, there shall be a special fund maintained from revenue derived from a per capita assessments in an amount determined by Convention action. Under no circumstances shall any Officer of a State or Provincial Legislative Board solicit from Subordinate Lodges, System Divisions or Federations, or the membership in his or her State or Province any contributions for defraying expenses incurred by such Officer. Part of the F financing of all State and Provincial Legislative activities will be borne from said fund.

The Director of State or Provincial Legislative Board may solicit from subordinate lodges, system divisions or federations, or the membership in his or her state or province, any contributions for defraying expenses and/or salaries incurred by such officer or member of the State or Provincial Board. Such contributions shall be in a written report to the Grand Lodge President and the head of the Grand Lodge Legislative Department. The said report will be made within 60 days that funds were collected.

Any additional contributions collected as stated in Article XXIV, Section 11, will be used at the State or Provincial Legislative Director's discretion and within the laws of state or province in which they operate. A full written report of how contributions were used must be reported, within 60 days of the expenditure of these funds, to the Grand Lodge President and head of the Legislative Department.

1998 PROPOSAL NO. 33

SUBMITTED BY SUBORDINATE LODGE 1055

ARTICLE VII, SECTION 3, BE AMENDED BY ADDING TEXT:

While any member of the Executive Board or Board of Trustees is on salary of the Grand Lodge, that said member shall not be able to draw a wage from their system division or federation, except if they wish to draw vacation pay.

1998 PROPOSAL NO. 34

SUBMITTED BY SUBORDINATE LODGE 1055

ARTICLE VII, SECTION 5, BE AMENDED BY ADDING TEXT:

All Grand Lodge officers or representatives, when traveling, that receive gratuities, for example, in the form of frequent flier miles or free nights' stay, those gratuities shall be the property of the BMWE and used on future travels, and not used for personal gains. These gratuities must be reported to the Grand Lodge Secretary-Treasurer.

1998 PROPOSAL NO. 35

SUBMITTED BY SUBORDINATE LODGE 986

ARTICLE XX, SECTION 2, PARAGRAPH 1, BE AMENDED TO READ:

Sec. 2. Any member who is fully paid up and in good standing shall be entitled to an Unemployment Card, without cost, when laid off through a reduction in forces, sickness or temporary disability, strikes or lockouts, or when serving in the Military Service as required by the Selective Service Acts or Military Draft Laws of the United States and Canada. Any member now or hereafter holding an Unemployment Card shall be entitled to retain such card only while he holds seniority rights to a railway position under the jurisdiction of this Brotherhood. When he has lost such seniority rights, such Unemployment Card shall become void, and shall be forthwith surrendered and such member shall thereafter be subject to the provisions governing Withdrawal Cards and Retiree Membership Cards; provided, however, that if such member leaves the service of the railway, transfers to or becomes employed in a department not under the jurisdiction of this Brotherhood, or becomes employed in an official capacity by a railway, he will be required to pay full dues. Members to whom this provision applies must comply with its requirements; failing to do so, they shall forfeit any and all rights, interests, benefits and privileges in the Brotherhood and in and to said Death Benefit Department, its funds and property.

1998 PROPOSAL NO. 36

SUBMITTED BY SUBORDINATE LODGE 986

ARTICLE XXI, SECTION 4(a), BE AMENDED TO READ:

Sec. 4. Withdrawal Cards and Loss of Active Membership. Any member who is fully paid up and in good standing:

(a) Who leaves the service of the railway or transfers to or becomes employed in a department not under the jurisdiction of the Brotherhood, or who is employed in an official capacity by a railway, shall be entitled to apply for and receive a Withdrawal Card without cost; or if he so desires, may continue his membership by continuing to comply with all provisions of the Constitution and By-Laws applicable to membership, including payment of full dues and assessments; provided, however, that such a member will not be eligible to participate in or take any part in transacting the business of this Brotherhood, except as provided in Article XVIII, Section 2. Members holding Withdrawal Cards and returning to service in a position under the jurisdiction of this Brotherhood for a period of thirty (30) calendar days must, within thirty-five (35) calendar days from date of such re-employment, present and surrender such Withdrawal Card to the Secretary-Treasurer of the Subordinate Lodge within the jurisdiction of which he is employed, or to a direct representative of the Grand Lodge or System Division or Federation and pay dues for the month in which he returns to service.

1998 PROPOSAL NO. 37

SUBMITTED BY SUBORDINATE LODGE 1488

ARTICLE XIX, SECTION 3, PARAGRAPH 7, BE AMENDED TO READ:

For each monthly dues payment received by Grand Lodge, the Grand Lodge Secretary-Treasurer shall set aside the sum of one dollar and seventy-five cents ($1.75) eighty cents (80¢), twenty-nine cents (29¢) of which shall be placed in a legislative reserve fund on which the Grand Lodge President may draw only for legislative activity directly related to the national contract and similar individual railroad contracts or for unanticipated legislative events of major importance to the Brotherhood, 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.