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Constitution of the General Syndicate of the Free Workers' Union Hamburg

I Fundamentals

1. The General Syndicate FAU Hamburg is a trade union.
2. The General Syndicate FAU Hamburg forms, together with other independent trade unions (syndicates), the Federation of Free Workers' Unions (FAU-IAA).
3. The cross-local cooperation within the FAU-IAA is structured based on the statutes of the FAU-IAA, in the spirit of solidarity and mutual aid. The constitution of the General Syndicate FAU Hamburg regulates all matters falling within the autonomy of the General Syndicate and must not contradict the statutes of the FAU-IAA.
4. The organizational area of the General Syndicate FAU Hamburg extends to all industries within the city of Hamburg. It also extends to neighboring municipalities, provided that external workers wish to organize within the FAU-IAA, and as long as independent FAU-IAA structures do not exist there.
5. The headquarters of the General Syndicate FAU Hamburg is located at Fettstraße 23, 20357 Hamburg.

II. Purpose and Objective

1. The purpose of the General Syndicate FAU Hamburg is to safeguard and promote the economic, cultural, and social interests of its members.
2. The purpose of the General Syndicate FAU Hamburg is also to deepen and expand the education and skills of its members.
3. The General Syndicate FAU Hamburg rejects any party-political activity.
4. The FAU-IAA strives for a libertarian, classless society in which all people live according to their needs and can freely develop their abilities. The goal of the General Syndicate FAU Hamburg is to lay the foundations for this in the Hamburg economic region.

III Membership

1. Who can become a member?
   a. Anyone who is directly or indirectly dependent on wages (worker, employee, civil servant), works independently, is unemployed or retired, or is in education and agrees with the principles of the FAU-IAA (see annex) can become a member of the General Syndicate FAU Hamburg.
   b. Membership is automatically excluded for actual employers, managerial staff who hire or dismiss other people, as well as for members of armed or repressive forces.
2. Admission Process
   a. Admission can only be requested in person at the weekly plenary meeting (see V). Exceptions may be decided by the plenary.
   b. Admission is granted by general approval of those present at the plenary.
   c. Members of other local groups of the FAU-IAA will be admitted when they move to Hamburg.
   d. The new member will receive a membership card and a valid statute of the General Syndicate FAU Hamburg along with its annexes. Additionally, they will be integrated into the internal communication structure of the General Syndicate FAU Hamburg.
3. Union Life and Solidarity Benefits
   a. Every member has the right and is encouraged to bring the union to life by participating in the general assemblies, plenary meetings, and other gatherings of the General Syndicate FAU Hamburg, and to influence the organization's decisions.
   b. Members are also expected to implement the resolutions and take on tasks within the organization.
   c. Each member may, in the given case and upon decision in the general assembly, rely on:
   • Strike support (VII.4),
   • Disciplinary support (VII.3),
   • Legal protection (VII.2),
   • General advice,
   • Active solidarity (VII.1).
4. Termination of Membership
   a. After three months of payment arrears, the member’s claims expire (suspended membership).
   b. After six months of payment arrears, the membership is considered terminated.
   c. A deferral of the payment arrears can be agreed upon in writing.
   d. Membership ends with a resignation statement, exclusion, or the death of the member.
   e. A member may be excluded if they engage in actions that significantly harm the interests of the General Syndicate FAU Hamburg or repeatedly violate its principles and resolutions.
   f. The excluded member can appeal to a mediation body as per V.8. Membership is suspended until a final decision is made.
   g. With the termination of membership, all claims to the organization’s assets (money and property) are forfeited.

IV. Organizational Structure

1. General Assembly, Plenary, and Secretariat
   a. The weekly plenary of members is the decision-making body of the General Syndicate FAU Hamburg.
   b. It decides on the activities and measures through which the General Syndicate FAU Hamburg engages with the public and/or on how the funds of the General Syndicate FAU Hamburg should be used, and may call general assemblies (see V.).
   c. Between the weekly plenaries, a secretariat is responsible for representing the organizational interests of the General Syndicate FAU Hamburg and officially representing them externally. It is also tasked with preparing the plenaries and calling any general assemblies.
   d. For essential decisions that require the involvement of all members, a general assembly must be called. Decisions that in any case require a general assembly are listed under V.2.
2. Mandate Holders
   a. The secretariat and the treasury are the executive bodies of the General Syndicate FAU Hamburg.
   • The treasury is elected by the general assembly for one year. Re-election for one year is possible twice.
   • The secretariat is elected by the plenary every 3 months.
   b. Furthermore, the plenary may delegate members for specific tasks at any time. They too are mandated as executive bodies.
   c. Mandate holders have an imperative mandate and are collectively accountable to the general assembly (VV) or the plenary.
   d. The discharge of mandate holders occurs after a final report in the general assembly (VV) or plenary by general approval.
   e. Mandate holders are not personally or jointly liable for the proper execution of their mandate. The liability of the General Syndicate FAU Hamburg is limited exclusively to the assets of the General Syndicate FAU Hamburg.
   f. Before members of the General Syndicate FAU Hamburg take on or offer to take on a mandate within the FAU-IAA, they must first receive a vote of confidence from the general assembly (VV).
3. Industry Structures
   a. The General Syndicate FAU Hamburg, as a cross-sectoral union, seeks to form industry syndicates.
   b. To this end, at least three members can form a workplace group and/or an industry group spanning multiple workplaces.
   c. Once such groups have been constituted and recognized by the plenary, they can send delegates to the plenary as part of the General Syndicate FAU Hamburg. They should also make contact with existing industry structures within the FAU-IAA.
   d. An independent industry syndicate can be formed by at least 10 members if it has a cross-workplace structure. The decision must be made in the general assembly.
   e. Once another FAU-IAA federated union joins the General Syndicate FAU Hamburg, both syndicates will form the Local Federation FAU Hamburg, which will adopt its own statutes.
4. Social Organizations
   a. In addition to sectoral structures, social organizations can be founded that focus on the interests of a specific social group.
   b. The position of these organizations within the Local Federation is regulated in the statutes of the Local Federation (LF). If no LF exists, they remain part of the General Syndicate FAU Hamburg, and their position is similar to that of a workplace or industry group.
5. FAU Federations
   a. The General Syndicate FAU Hamburg participates in the statutory meetings of the federations it is organized in (Local and Regional Federations, and FAU-IAA) by sending delegates (see V.2).
   b. Members of the General Syndicate FAU Hamburg are expected to support the activities of these and other federations within the FAU-IAA at their discretion.
   c. The formation of committees within the relevant federations is mandatory in the case of labor disputes that take on local or sector-wide dimensions.
6. Dissolution
   In the event of dissolution (see V.2 and V.6), the assets of the General Syndicate FAU Hamburg will be transferred to the Regional Federation North.

V. Plenary, General Assembly, and Decision

1. The plenary is the regular decision-making body of the General Syndicate. For certain decisions (see V.2), a general assembly (VV) must be convened.
2. The General Assembly (VV) holds all the competencies of the plenary, along with decision-making authority on the following matters:
   a. Amendments to the statutes,
   b. Election of delegates for the structures of the FAU-IAA,
   c. Election of the treasurer and the audit of finances,
   d. Formation of syndicates,
   e. Exclusion of members,
   f. Self-dissolution of the General Syndicate (ASy).
3. Cycle
   a. The plenary meets once a week.
   b. The general assembly (VV) should take place at least once a year.
   c. The general assembly is scheduled by the plenary. A date should be chosen that allows as many members as possible to participate.
4. The general assembly (VV) is quorate with a valid invitation from the secretariat (14 days in advance). The provisional agenda (including the motions) must be part of the invitation.
5. Delegates
   a. Workplace and industry groups can send delegates to the plenary if they have held a meeting on the topics of the plenary.
   b. A delegation is not possible at a general assembly (VV).
6. Submitting Proposals to the General Assembly (VV)
   a. Every member and every workplace or industry group can submit proposals.
   b. Proposals must be submitted to the secretariat at least 16 days before the general assembly (VV), be precisely formulated, and include all relevant information. They will be included in the provisional agenda by the secretariat.
   c. Proposals not submitted on time will only be considered at the general assembly in urgent exceptional cases.
   d. Proposals for the dissolution of the General Syndicate FAU Hamburg must be submitted two months before the decision is made.
7. Decision-Making
   a. Decisions in the plenary and the general assembly (VV) should generally be made by consensus.
   b. If consensus cannot be reached, decisions can be made by a simple majority in the plenary and by 75% of the votes in the general assembly (abstentions will not be counted).
8. Mediation Body
   a. If decisions are contested, a mediation body is called upon, ensuring proportionality.
   b. For decisions made by the secretariat or the treasury, the general assembly of the General Syndicate FAU Hamburg acts as the mediation body.
   c. For decisions made by the general assembly (VV), the regional committee of the Regional Federation North acts as the mediation body.
   d. The mediation procedure is conducted as follows:
   • Both conflicting parties appoint a mediator, and these mediators select a third mediator.
   • The mediation body hears both parties and makes a decision based on the applicable statutes of the General Syndicate FAU Hamburg and the FAU-IAA, as well as the principles of the FAU-IAA.
   • The decision of the mediation body is binding.
   e. The contested decisions remain provisional until a final decision is made.

VI. Financing

1. The financing of the General Syndicate FAU Hamburg is provided through the contributions of the members. The treasury is managed by an elected representative.
2. Amount of Membership Fees
   a. The monthly membership fee is generally 1% of the net salary and should be paid monthly or, at a minimum, quarterly.
   b. Additional payments are possible at any time; reductions may be decided by the plenary. Members in prison are exempt from paying membership fees.
3. Use of Membership Fees
   a. A portion of the membership fees is to be forwarded by the treasury to the Regional Federation North and the FAU-IAA. The amount of this portion will be determined at the corresponding delegate meeting (regional meeting or congress).
   b. The remaining portion of the membership fees stays within the assets of the General Syndicate FAU Hamburg.
4. Audit The bookkeeping of the treasury is audited once a year by a specially appointed members' committee (at least 2 people). Upon the decision of the general assembly (VV), an extraordinary audit of the treasury can be conducted at any time.

VII. Solidarity Benefits

1. Active Solidarity The strength and effectiveness of the General Syndicate FAU Hamburg in its struggle for better living and working conditions is fundamentally based on the commitment of its members. At the latest, when the General Syndicate FAU Hamburg officially enters a labor dispute, every member is obliged to show dedication to the common cause and demonstrate a sense of responsibility.
2. Legal Protection
   a. In legal disputes arising from the employment relationship and union activities, the General Syndicate FAU Hamburg provides legal protection to individual members. The form of support is determined by the plenary.
   b. Legal protection is not granted if the legal dispute or labor conflict existed and/or was foreseeable prior to joining the FAU-IAA. The plenary may decide on exceptions.
   c. If the substantive and financial requirements exceed the capacity of the General Syndicate FAU Hamburg, the secretariat will turn to the Regional Commission North.
3. Support for Sanctioned Members If a member becomes a victim of sanctions by their employer, legal protection will also be activated.
4. Strike Support
   a. Financial support for members involved in labor disputes is provided through a levy on all members.
   b. Before a labor dispute of the General Syndicate FAU Hamburg has to be discontinued due to financial reasons, the secretariat will first call on the Regional Federation North for solidarity.
   c. The General Syndicate FAU Hamburg is obligated, in response to solidarity calls from FAU syndicates, to provide practical and financial solidarity within its capabilities.

VIII Final clauses

1. These statutes were adopted on January 27, 2009, at a regular general meeting of the FAU Hamburg General Syndicate and shall enter into force immediately.
2. Amendments to the Articles of Association are possible in accordance with Section V.
3. Appendices
   a. Appendix: Statutes of the Northern Regional Federation in the FAU-IAA
   b. Appendix: Principles, statutes, financial guidelines, and industrial action guidelines of the FAU-IAA
   c. New members are also encouraged to read the following brochures:
   • “Organizational Handbook for Unions – Fundamentals for Establishing FAU Unions” (FAU Frankfurt, 2007)
   • Historical “Declaration of Principles of Syndicalism” (R. Rocker, 1919).