Workers organize labor unions primarily to secure better wages and better working conditions. We hold that they also organize in order to participate in the decisions which affect them at work. One of the fundamental tenets of democratic government is the consent of the governed. Unions are an extension of that idea.
Union members are both workers and citizens. Collective bargaining is the expression of citizenship in employment. Participation in the political life of the nation is but another aspect of that citizenship.
In the same way that unions are dedicated to improvement of the terms and conditions of employment, we are equally dedicated to exert ourselves, individually and collectively, to fulfill the promise of American life. Amidst unparalleled abundance, there should be no want. Surrounded by agricultural surpluses of all descriptions, there should be no hunger. With advanced science and medical research, sickness should not go untreated. A country that voyages into outerspace can provide adequate education, protection and family preservation for all its children.
For unions, the work place and the polling place are inseparable, and the exercise of the awesome rights and responsibilities of citizenship is equally required at both.
Unions are under a solemn obligation: to represent members forcefully and effectively in negotiations with management and to conduct internal union affairs according to democratic standards.
Therefore, we the members of the American Federation of State, County and Municipal Employees, in convention assembled, adopt this Constitution and this Bill of Rights for Union Members
Name, Affiliation, and Headquarters
Section 1. This International Union shall be known as the American Federation of State, County and Municipal Employees, and shall be affiliated with the American Federation of Labor and Congress of Industrial Organizations.
Section 2. The headquarters of this International Union shall be in the Washington, D.C., metropolitan area.
Objectives
The objectives of this Federation are:
A. To promote the organization of workers in general and public employees in particular.
B. To promote the welfare of the membership and to provide a voice in the determination of the terms and conditions of employment. We are committed to the process of collective bargaining as the most desirable, democratic, and effective method to achieve this. Both as union members and ascitizens, we shall also employ available legislative and political action.
C. To promote civil service legislation and career service in government.
D. To provide research and educational services and activities designed to assist members and affiliates.
E. To foster cooperation among affiliates.
F. To cooperate with other labor organizations in particular and other segments of our society in general towards the end that the material riches of American society be more justly distributed and the moral promise of American life be realized.
G. To work with our brothers and sisters in other lands towards the improvement of the conditions of life and work in all countries, towards the diminution of international tensions and a reduction in the use of armed force to resolve disputes, and towards genuine fraternity of all workers.
Membership
Section 1. Except as otherwise provided in this Constitution, any person, without regard to race, creed, color, national origin, sex, age, sexual orientation, disability, or political belief, who meets one or more of the requirements hereafter listed shall be eligible for membership in a local union duly chartered by and regularly affiliated with this Federation.
A. An employee of any state, territory, commonwealth, county, district, school board, city, town, village, township, or other public authority or of any governmental subdivision of any such government or authority, except elected officials who are not otherwise eligible under this Article, or of any quasipublic agency or any non-profit or tax-exempt agency of a public, charitable, educational, or civic nature.
B. A full-time staff employee of any subordinate body of the Federation. If employed by a local union, such employee shall be eligible for membership in the local union by which such employee is employed. If employed by any other subordinate body, such employee shall be eligible for membership in any local union which is affiliated with such subordinate body and which is willing to accept such employee into membership.
C. A full-time staff employee of the International Union. If such employee was, at the time of becoming an employee of the International Union, a member of a local union, such employee may maintain membership in such local or may transfer such membership to any other local union which is willing to accept such employee into membership and which is encompassed by such employee's job assignment. If such employee was not a member of a local union at the time of becoming an employee of the International Union, such employee may establish membership in any local union which is willing to accept such employee into membership and which is encompassed by such employee's job assignments.
D. Any full-time employee of the International Union or of a subordinate body who was, prior to the acceptance of such employment, or at the time of the adoption of this Constitution, a member of a local union, may continue such membership.
E. A full-time elected or appointed officer or representative of any labor body or labor organization with which the Federation is affiliated or with which subordinate bodies of the Federation are constitutionally affiliated or are constitutionally authorized to affiliate, who, at the time of such election or appointment, was a member of a local union of this Federation.
F. A person appointed or elected to serve, on a full-time basis, as an official representative of organized labor, on or for a governmental or civic board, commission, or agency, who, at the time of such appointment or election, was a member of a local union of this Federation, unless the acceptance of such appointment or election results in placing the person in a position as an employer of other members of this Federation or creates a clear conflict of interest between the person's official duties and the person's fealty to the union.
G. Individuals not within a local union jurisdiction but otherwise eligible for membership may become members-at-large of this Federation. Dues for members-at-large shall be an amount equal to the minimum International Union per capita tax plus one dollar per month, payable directly to the International Secretary- Treasurer.
H. Any person who is retired and who, prior to such retirement, was eligible for membership in AFSCME and the spouse of any such person may become a member of an appropriate retired employee chapter chartered by AFSCME or may become a retired member-at-large if there is no retired employee chapter or sub-chapter to which such person can appropriately belong. Retired members-at-large shall pay dues on an annual or monthly basis in such amounts as are established by the International Executive Board. These dues shall be payable directly to the International Secretary-Treasurer who shall deduct the amount which represents per capita tax payable to the International Union and place any remaining amounts in escrow. Upon the chartering of any retired employee chapter or sub-chapter, all amounts held in such escrow account attributable to members-at-large within the jurisdiction of such chapter or sub-chapter shall be paid over to the newly chartered chapter or sub-chapter.
Section 2. Any member who retires may continue membership in AFSCME in the following manner:
A. If the retiring member is an incumbent officer of a local, council or the International Union, such retiring member may, by the payment of the full amount of dues, retain full membership status until the end of the term of such office, except as provided below. At the end of said term, the retiring member shall be eligible to become and to remain a retired member with the rights specified below, and shall lose eligibility for full membership status. If the retiring member is an International Vice President, and such retirement occurs prior to a regular International Union convention at which elections are not scheduled, such member shall lose eligibility for full membership status at the conclusion of that convention, and an election shall be held at that convention to fill the vancancy for the remainder of the unexpired term of office, unless the vacancy shall have been filled earlier pursuant to Article VIII, Section 11 of this Constitution. Notwithstanding the contrary provisions of this Section, a subordinate body may provide in its constitution that retiring incumbent officers of such subordinate body are not eligible to continue as full members or officers of such subordinate body following their retirement.
B. If the retiring member is not an incumbent officer of a local, council, or the International Union, said retiring member shall be eligible to become and to remain a retired member with the rights specified below, and shall lose eligibility for full membership status.
C. A retired member shall have the right to membership in the appropriate AFSCME retired employee chapter or sub-chapter. No retired member or member of a retired employee chapter or sub-chapter shall be a candidate for any elected office in a local, council or the International Union.
Section 3. The International Executive Board, or the International President, subject to the approval of the International Executive Board, may issue local union charters or authorize the enlargement of the jurisdiction of existing local unions to include other appropriate groups of workers not specifically enumerated in this Article, and such workers shall be eligible for membership.
Section 4. No local union shall accept dues payments from any individual who does not meet the eligibility requirements set forth in this Article. Should dues payments be offered by such an individual and accepted by a local union, the individual shall, nevertheless, not be a member of this Federation. Any challenge regarding eligibility for membership shall be decided by the International President; provided, however, that decisions of the International President may be appealed to the International Executive Board. Any individual who is determined by the International President to have ceased to meet the eligibility requirements set forth in this Article shall thereby automatically cease to occupy any office in the International Union or any council or local union; provided, however, that the decision of the International President may be stayed by the International Executive Board upon appeal being filed to such body, and during the period of such stay, the individual involved shall be entitled to remain in office.
Section 5. A member in good standing shall, at said member's request, receive a withdrawal card from the local union under the following circumstances:
A. If the member is separated from service with the employing agency.
B. If the member becomes ineligible for membership in the local union as a result of a promotion, demotion, or transfer.
C. If the member retires.
D. If the member enters military service.
Section 6. No person may, at any one time, be a member of more than one local of this Federation unless such person is actually employed within the jurisdiction of each local union to which such person belongs. A member in good standing who transfers to the jurisdiction of another local union of this Federation shall be issued a transfer card by the local from which said member is transferring which shall, for a period of thirty days, entitle the member to join the local union in the jurisdiction in which said member is newly employed without payment of an initiation fee. Transfer cards shall also be issued to members who, as a result of their employment by the International Union or a subordinate body, request such transfer cards.
Section 7. No person who has been expelled from membership in accordance with the provisions of this Constitution may be admitted to membership in or employed by the Federation or any of its subordinate bodies for one year following such expulsion, and may thereafter be admitted to membership or offered such employment only with the prior approval of the International Executive Board.
Section 8. When a member is unemployed for more than twenty days in any calendar month and does not receive unemployment compensation or sick leave pay or other remuneration, such unemployed member may be entitled to credit for membership dues for the period of unemployment but not to exceed six months in any calendar year.
Section 9. Each new member shall subscribe to the Membership Obligation contained in Appendix A of this Constitution
The Convention
Section 1. All sovereign powers of this Federation shall be vested in the Convention, when in session.
Section 2. The Convention shall meet biennially in the even-numbered years at such time, date, and place as shall be determined by the International Executive Board; provided, however, that such convention shall begin at some time between April 1st and September 30th, and that no convention shall be held on a holiday weekend. For a specific purpose or purposes, which shall be clearly defined in the call, a special convention may be called at any time by the International Executive Board. A special convention solely to fill a vacancy in the office of International President shall be called as provided in this Constitution.
Section 3. If one or more local unions in each of ten different states, commonwealths or territories shall, by letter to the International Secretary-Treasurer, request the calling of a special convention for a specific purpose or purposes, the International Secretary-Treasurer shall forward copies of such requests to each member of the International Executive Board. At the next meeting of the International Executive Board, the Board shall vote on the question of calling a special convention for the purpose or purposes set forth in the requests. If the majority of those present and voting favor the calling of a special convention, such convention shall be held within 120 days thereafter. If the majority of those present and voting oppose the calling of a special convention, the question shall, within seven days thereafter, be submitted to all affiliated local unions for action. If, within sixty days after the question has been submitted, local unions representing a majority of the membership of the Federation, as determined by the average per capita tax payments for the twelve-month period ending with the fourth full month prior to the date on which the question is submitted, indicate by certification to the International Secretary-Treasurer that they favor the calling of a special convention, such convention shall be called. The International Executive Board shall determine the time, date, and place for such special convention, except that such convention shall begin not earlier than 150 days nor later than 180 days following the original submission of the question to the local unions for action.
Section 4. Not less than seventy-five days prior to the opening of any convention, the International Secretary-Treasurer shall issue a convention call, in the name of the International Executive Board. Such call shall state the time, date, and place of the convention and, in the case of a special convention, the purpose or purposes. A copy of the call shall be sent to all subordinate bodies, together with the appropriate number of blank credential forms.
Section 5. The basis of local union representation in conventions shall be determined from the average per capita tax actually paid to the Federation for the twelve consecutive months ending with the fourth full month preceding the opening of the convention. In the case of a local composed of two or more locals that have merged during the twelve-month period, or between the end of the twelve-month period and the opening of the convention, the combined average per capita tax of the merging locals shall be the basis of representation. In any case where a local has been divided into two or more locals during the twelve-month period, or between the end of the twelve- month period and the opening of the convention, the total average per capita tax shall be divided among the newly created locals in direct proportion to their respective averages since the division, and this shall constitute their respective bases of representation. In the case of a newly organized or newly affiliated local which has been in existence or has been affiliated for less than the full twelve-month period, the average per capita tax for that portion of the twelve-month period during which the local has been in existence or has been affiliated shall be the basis for representation; provided, however, that any local which was formed after the twelve-month period shall be entitled to representation only in accordance with the provisions of Section 8 below.
Section 6. Locals shall be entitled to delegates on the basis of membership as follows: 100 or fewer, one delegate; more than 100 but not exceeding 200, two delegates; more than 200 but not exceeding 300, three delegates; more than 300 but not exceeding 400, four delegates; more than 400, one additional delegate for each 1,000 additional members or fraction thereof.
Section 7. Regardless of the number of delegates, locals shall be entitled to vote on the basis of one vote for each member or fraction thereof. Locals entitled to more than one delegate may send fewer than their quota of delegates and the delegates present may cast the entire vote of the local on all recorded votes and elections coming before the Convention. The number of votes shall be divided equally among the delegates, with any remaining votes to be cast by the chairperson of the delegation, as designated by the local. No fractional votes shall be permitted.
Section 8. Each chartered council shall be entitled to one delegate and one vote. Each chartered retiree chapter shall be entitled to delegates on the basis of membership, to be determined in the manner provided for local unions in Article IV, Section 5 of this Constitution, as follows: 10,000 or fewer, one delegate: more than 10,000 but not exceeding 25,000, two delegates: more than 25,000 but not exceeding 50,000, three delegates: more than 50,000, four delegates. Each delegate representing a retiree chapter shall be entitled to one vote. Such delegates shall be entitled to all the rights and privileges of a delegate except that such a delegate shall not be entitled to nominate any candidate for International Union office as a council or retiree chapter delegate or to cast the council's or retiree chapter's vote in the election of International Union officers unless such delegate has been elected to that position by secret ballot vote conducted among the members of the local unions affiliated with such delegate's council or among the members of such delegate's retiree chapter or its sub-chapters. Any local formed or affiliated after the twelve-month period which forms the basis for representation of local unions or from which no per capita tax was due and paid for the twelfth month of the twelve-month period shall be entitled to send one fraternal delegate to serve as an official observer without voice or vote. Any member of the International Executive Board and any member of the Judicial Panel who is not elected as a delegate representing a subordinate body shall nevertheless be entitled to all the rights and privileges of a delegate except the right to vote.
Section 9. All delegates shall, after due notice of nominations and elections has been given, be elected in the respective subordinate bodies. Subordinate bodies may also elect an alternate delegate for each delegate. Election shall be by secret ballot, except in instances where a nominee is unopposed. The names of the delegates and of alternates, if any, shall be certified by the president and secretary of each subordinate body to the International Secretary-Treasurer at International Headquarters at least twenty days prior to the convention. If such certification is by a local union and includes two or more delegates, the certification shall designate one of the delegates as Chairperson of the delegation. Names of delegates certified after the twentieth day prior to the convention shall be deemed irregular and shall not be included in the initial report of the Credentials Committee.
Section 10. In any special convention, every local union president shall be considered a delegate automatically, except in a local union where the local constitution makes specific provision for a different automatic delegate. Nothing in this section shall be deemed to prohibit any local union which is entitled to more than one delegate from electing additional delegates; nor shall this section be interpreted so as to prevent one or more subordinate bodies from exercising the rights provided in Sections 12 and 13 below to unite in sending a delegate to the special convention.
Section 11. No nomination or election of delegates shall be held more than 120 days prior to the opening of the convention; provided, however, that this restriction shall not apply to a delegate from a subordinate body which normally meets less often than quarterly, nor shall it affect anyone who is a delegate pursuant to the constitution of a subordinate body by virtue of election to an office therein.
Section 12. A delegate representing a local union must, from the twelfth month of the twelve-month period which forms the basis for local union representation until the opening of the convention, be a member in good standing of the local represented. With the exceptions provided in Section 14, however, two or more locals within the same council, state, commonwealth, or territory may unite in sending to the convention a delegate who meets the above qualifications in one of such locals. Before a local may be represented by a delegate who is not a member of the local, the membership of the local shall first vote on the following question: "Shall this local elect as a convention delegate a person who is not a member of this local union?" If the majority of those voting on the question vote in the affirmative, the local may then proceed to elect a delegate in accordance with the above requirements. Any delegate so elected may cast the votes to which the locals are individually entitled. No delegate may represent more than five locals.
Section 13. A delegate representing a council must, from the twelfth month of the twelve-month period which forms the basis for local union representation until the opening of the convention, be a member in good standing of a local union which is affiliated with such council. A delegate representing a council may, if elected in accordance with the procedures set forth in Section 12 above, also serve as delegate for not more than four local unions affiliated with the council. Any delegate so elected may cast the votes to which the subordinate bodies are individually entitled. No delegate may represent more than five subordinate bodies.
Section 14. A delegate representing a retiree chapter must, from the twelfth month of the twelve-month period which forms the basis for local union representation until the opening of the convention, be a member in good standing of such retiree chapter or of a retiree sub-chapter affiliated with such chapter.
Section 15. No member of the International Executive Board and no salaried employee of the International Union and no member of the Judicial Panel shall serve as a delegate from any local except the local of which such person is a member or of the council with which that local is affiliated.
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