Miscellaneous Provisions
Section 1. No local union or other subordinate body affiliated with the International Union, or any officer or member thereof, or any other person or group of persons shall have the power to act as an agent for the International Union or otherwise bind the International Union except insofar as specifically authorized in writing by the International President or the International Executive Board or by this Constitution.
Section 2. Unless the context clearly indicates otherwise, the terms "International Union" and "Federation" and the initials "AFSCME" are used interchangeably in this Constitution to mean the American Federation of State, County and Municipal Employees.
Section 3. Unless the context clearly indicates otherwise, the terms "International Executive Board," "Executive Board" and "Board" are used interchangeably in this Constitution to mean the elected officers of the Federation acting jointly as an official body.
Section 4. Unless the context clearly indicates otherwise, the term "subordinate body" is used in this Constitution to mean any local union or any council, or any retired employee chapter or subchapter.
Section 5. Unless the context clearly indicates otherwise, the terms "local" and "local union" are used interchangeably in this Constitution to mean a basic individual membership organization chartered by the Federation, other than a retired employee chapter.
Section 6. For purposes of Sections 6 and 7 of Article IX of this Constitution, the term "increase in pay" shall mean any increase in wages or salaries, whether payable hourly, weekly, bi-weekly, semi- monthly, monthly, annually, or on some other basis, which is generally applicable to the members of a bargaining unit, or other clearly identified group of employees, and any lump sum bonus or similar payment which is paid to any such group of employees; but shall not include step increases, longevity pay, merit increases or bonuses, or similar increases or bonuses, which are paid on an individual basis.
Section 7. The rules contained in the current edition of the Robert's Rules of Order, Newly Revised shall govern the Federation in all cases to which they are applicable and in which they are not inconsistent with this Constitution or with any legally adopted special rules of the Federation.
Section 8. For purposes of applying the Legislative District lines established in Article IV, Section 27, where such districts are defined in terms of locals or councils, they shall be deemed to include any retiree chapter which is sponsored by or affiliated with such locals or councils or whose jurisdiction is based upon or otherwise relates to the jurisidiction of such locals or councils.
Section 9. A Preamble, including a Bill of Rights for Union Members, is attached at the beginning of this Constitution and is, by this reference, made a part of this Constitution.
Section 10. No member or subordinate body shall institute any civil action, suit orother proceeding in any court or other tribunal outside of the Federation against the Federation, any subordinate body, or any officer of the Federation or of any subordinate body on account of any controversy or dispute for which a remedy is provided in this Constitution or the constitution of any subordinate body without first exhausting all such remedies, including all available appeals; provided that the foregoing shall not apply where the action was instituted to prevent the loss of rights under an applicable statute of limitations and the member has diligently pursued available internal remedies; and provided further that violation of this provision shall not be a basis for the filing of charges pursuant to Article X of this Constitution.
Section 11. Appendix A, entitled "Membership Obligation," and Appendix B entitled "Obligation of an Officer," and Appendix C, entitled "Constitution for Local Unions," and Appendix D, entitled "Elections Code," are attached to this Constitution and are, by this reference, made a part of this Constitution.
Section 12. The application of the provisions of this Constitution shall, at all times, be subject to the provisions of any applicable laws. If any article, section, subsection, sentence, clause, or phrase of this Constitution is found, by any court of final and competent jurisdiction, to be illegal or invalid, for any reason whatsoever, such finding shall not affect the validity of the remaining portions of this Constitution. The delegates to the Constitutional Convention hereby declare that they would have adopted this Constitution, and each article, section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more of the same shall be declared illegal or invalid.
Section 13. The language of this Constitution, including the Bill of Rights for Union Members, shall be liberally construed, and shall be interpreted in a manner designed to fully protect the fundamental rights of members.
Amendments
Section 1. This Constitution may be amended by proposals properly introduced at the Convention and approved by a two-thirds vote of the Convention. In the case of a regular biennial convention, any amendment which is submitted to the International Secretary-Treasurer not later than 120 days prior to the opening of the Convention, a copy of which shall be mailed by the International Secretary-Treasurer to each subordinate body not less than 90 days prior to the opening of the Convention, may be approved by majority vote of the Convention. In the case of a special convention called by the International Executive Board, such amendments as the Board has proposed for action by the special convention shall be included with the convention call, which shall be mailed at least 75 days prior to the opening of the special convention, and such amendments may be approved by majority vote of the special convention.
Section 2. The International Executive Board shall review and make a recommendation to the Convention on any proposal to amend the Constitution.
Section 3.Any amendment to this Constitution, unless otherwise provided in the amendment, shall become effective upon final adjournment of the Convention at which the amendment is adopted.
Section 4. The International Secretary-Treasurer shall be responsible for printing and distributing copies of the Constitution as amended, and shall have authority, in connection with such printing, to renumber any Article, Section, subsection, or paragraph as may be necessary, and to correct any references in other portions of the Constitution to such renumbered Article, Section, subsection, or paragraph.
Membership Obligation
I,___________________, promise to abide by the Constitution of the American Federation of State, County and Municipal Employees and Local Union ____________. I further promise to carry out all duties assigned to me and to do my best to uphold and promote the principles of trade union democracy.
Obligation of an Officer
I,___________________, promise and pledge that I will perform faithfully and with honor the duties of the office which I now assume in the American Federation of State, County and Municipal Employees, and I will deliver to my successor in office all books, papers and other property of this union which are in my possession at the close of my official term.
Constitution for Local Unions
(This Constitution shall be binding on any local union which has not adopted a local constitution of its own which is in conformity with the provisions of the International Constitution and which has been approved in writing by the International President.)
ARTICLE I
Name
The name of this organization shall be________, Local Number________ of the American Federation of State, County and Municipal Employees, AFL-CIO.
ARTICLE II
Affiliations
This local union shall be affiliated with________ Council(s) Number________ of the American Federation of State, County and Municipal Employees [omit where inapplicable]; the____________ state organization of the AFL-CIO; and the________ central body of the AFL-CIO.
ARTICLE III
Objectives
The objectives of this local union shall be to carry out on a local basis the objectives of the American Federation of State, County and Municipal Employees.
ARTICLE IV
Membership and Dues
Section 1. All persons regularly employed by or in________________are eligible for membership in this local union, subject to the requirements of the Constitution of the International Union.
Section 2. Application for membership shall be made on a standard application form. Unless such form includes a valid authorization for payroll deduction of dues, the application shall be accompanied by the current month's dues.
Section 3. The monthly membership dues of the local shall be________________per member.
Section 4. Membership dues shall be payable monthly in advance to the local secretary-treasurer and in any event shall be paid not later than the 15th day of the month in which they become due. Any member who fails to pay dues by the 15th day of the month in which they become due shall be considered delinquent, and upon failure to pay dues for two consecutive months shall stand suspended. Provided, however, that any person who is paying dues through a system of regular payroll deduction shall, for so long as such person continues to pay through such deduction method, be considered in good standing.
Section 5. A member suspended under the above section may be reinstated to membership in the local on payment of all arrearages or upon payment of a reinstatement fee of________________ plus the current month's dues.
ARTICLE V
Meetings
Section 1. Regular meetings of this local shall be held once each month, at a time and place to be fixed by the membership or the local executive board.
Section 2. Special meetings may be called by the local president, the local executive board, or by petition filed with the president and signed by __________ members of the local. Special meetings may also be called by the International President or by an authorized representative of the International President.
Section 3. The quorum for meetings of this local shall be_____________.
ARTICLE VI
Officers, Nominations, and Elections
Section 1. The officers of this local shall be a president, a vice president, a recording secretary, a secretary-treasurer, and three executive board members, and these seven shall constitute the local union executive board. In addition, there shall be elected three members who shall serve as trustees. The trustees shall be elected to three-year terms of office, except that in the initial election, one shall be elected for a one-year term, one for a two-year term, and one for a three-year term. All other officers shall be elected for a term of one year.
Section 2. Nominations shall be made at a regular or special meeting of the local. At least fifteen days' advance notice shall be given the membership prior to the nomination meeting. A nominating committee may be appointed or elected to make nominations, but whether or not such nominating committee is used, nominations shall be permitted from the floor at the nomination meeting. All regular elections shall be held in the month of ________________.
Section 3. To be eligible for office, a member must be in good standing for one year immediately preceding the election, except in the initial election held in this local; provided, however, that no retired member shall be a candidate for office. For a member who is transferred or promoted into this local from another AFSCME local, this requirement shall be satisfied if such member's combined membership in good standing in both locals is one year at the time of the election.
Section 4. Officers shall be elected by secret ballot vote, and the balloting shall be conducted so as to afford to all members a reasonable opportunity to vote. At least fifteen days' advance notice shall be given the membership prior to the holding of the election.
Section 5. All matters concerning nominations and elections in this local union shall be subject to the provisions of Appendix D, entitled Elections Code, of the International Union Constitution.
Section 6. Vacancies in office shall be filled for the remainder of the unexpired term by vote of the executive board.
Section 7. Every officer shall, upon assuming office, subscribe to the Obligation of an Officer contained in Appendix B of the International Union Constitution.
ARTICLE VII
Duties of Officers and Executive Board
Section 1. The President shall:
A. Preside at all meetings of the local union and of the Executive Board.
B. Be a member of all committees except election committees.
C. Countersign all checks drawn against the funds of the local.
D. Appoint all standing committees and all special committees of the local, subject to the approval of the Executive Board.
E. Report periodically to the membership regarding the progress and standing of the local and regarding the President's official acts.
Section 2. The Vice President shall:
A. Assist the President in the work of the President's office.
B. In the absence of the President or in the President's inability to serve, preside at all meetings and perform all duties otherwise performed by the President.
C. Upon approval by the local executive board, be authorized to act as co-signer of checks drawn on the local funds in place of either the President or the Secretary-Treasurer.
Section 3.The Recording Secretary shall:
A. Keep a record of the proceedings of all membership meetings and of all Executive Board meetings.
B. Carry on the official correspondence of the local, except as the Executive Board may direct otherwise.
C. Perform such other duties as the Executive Board may require.
Section 4. The Secretary-Treasurer shall:
A. Receive and receipt for all monies of the local union.
B. Deposit all money so received in the name of the local union in a bank or banks selected by the Executive Board, and money so deposited shall be withdrawn only by check signed by the President and the Secretary-Treasurer.
C. Prepare and sign checks for such purposes as are required by the constitution or are authorized by the membership or the Executive Board.
D. Prepare and submit the monthly membership report to the International Union office and see that a check is drawn in payment of the local's per capita tax each month and sent to the International Secretary-Treasurer.
E. Keep an accurate record of receipts and disbursements and shall, once each month, submit to the membership a monthly operating statement of the financial transactions of the local for the previous month.
F. Act as custodian of all properties of the local union.
G. Give a surety bond for an amount to be fixed by the Executive Board of the local union, at the expense of the local union and through the International Union.
H. See that any financial reports required by the International Union Constitution to be submitted to the International Union are submitted in accordance with the International Union Constitution.
Section 5. The trustees shall make or cause to be made at least semi-annually an audit of the finances of the local, including the finances concerning any health and welfare, pension, insurance or other benefit programs covering members of such local, and shall report to the membership on the results of such audit.
Section 6. The Executive Board shall be the governing body of the local union except when meetings of the local union are in session. All matters affecting the policies, aims and means of accomplishing the purposes of the local not specifically provided for in this Constitution or by action of the membership at a regular or special meeting shall be decided by the Executive Board. The board shall meet at the call of the President or of a majority of the members of the board. A report on all actions taken by the Executive Board shall be made to the membership at the next following meeting. A majority of the members of the Executive Board shall be required for a quorum.
ARTICLE VIII
Miscellaneous Provisions
Section 1. This local union shall at all times be subject to the provisions of the Constitution of the American Federation of State, County and Municipal Employees.
Section 2. Except to the extent specified in this Constitution, no officer of the local union shall have the power to act as agent for or otherwise bind the local union in any way whatsoever. No member or group of members or other person or persons shall have the power to act on behalf of or otherwise bind the local union except to the extent specifically authorized in writing by the President of the local union or by the Executive Board of the local union.
Section 3. Robert's Rules of Order, Revised, shall be the guide in all cases to which they are applicable and in which they are not inconsistent with this Constitution and special rules of this local union or of the American Federation of State, County and Municipal Employees.
ARTICLE IX
Amendments
This Constitution may be amended, revised, or otherwise changed by a majority vote of the members voting on such proposed change and such change shall take effect only upon written approval of the International President. Proposed amendments to this Constitution must be made at a regular or special meeting of the local union and read and voted on at a subsequent meeting of the local union, adequate and proper notice having been given to the membership prior to the date on which the vote is taken. A written copy of the proposed amendment shall be furnished to every eligible voter at the meeting at which the vote is taken.
Elections Code
Section 1. General provisions.
A. No funds of the Federation or of any subordinate body shall be used to support the candidacy of any member for any elective office within the Federation or any subordinate body.
B. No publication sponsored by or supported by the Federation or any subordinate body shall endorse or support any candidate for elective office within the Federation or any subordinate body.
C. Any nominee or announced candidate for elective office shall have the right once prior to the election to have mailed, through the union office but at private expense, campaign literature. In a local union election, such literature may be mailed to each member in good standing. In an International Union or council election, such literature may be mailed to each affiliated subordinate body and/or to each member in good standing.
D. No member whose eligibility for membership is based upon employment in a position for which another organization is the exclusive representative with regard to wages, hours, or other terms and conditions of employment shall be eligible to seek or hold office at any level of the union; provided, that any member now serving a term of office shall not be barred by this Section from completing the remainder of such term of office.
Section 2. Election of subordinate body officers.
A. To be eligible for election, a nominee must be a member in good standing of the local union in which the nominee seeks office or of a local affiliated with the council in which the nominee seeks office, and must meet such other conditions as are stipulated in the constitution of the subordinate body.
B. An Election Committee shall be established and shall have general responsibility for the conduct of the election in accordance with this Constitution and the constitution of the subordinate body. Any challenge concerning the eligibility of any nominee shall be referred to the Election Committee for decision and the decision shall be reported to the subordinate body prior to the election. The Election Committee shall also report, as expeditiously as possible, the results of the balloting, together with recommendations regarding any protests which have been lodged regarding the conduct of the election. No member of the Election Committee may be a candidate for office.
C. The terms of office for officers of subordinate bodies shall be set forth in the constitution of each subordinate body, but may not exceed three years in the case of local union officers or four years in the case of council officers.
D. Not less than fifteen days prior to the holding of nominations for local union officers, a notice of the nominations and elections shall be mailed to each member at the member's last known address. Notice of nominations and elections for council officers shall be sent to each affiliated local not less than fifty days prior to the election or notice may be given as required by the council's approved constitution.
E. Nominations may be made at a regular or special meeting by a local union member or by a council delegate. Nominations may also be made by a nominating committee, unless prohibited by the constitution of the subordinate body. Those nominated shall be afforded the opportunity to decline, and the name of any nominee who declines shall not appear on the ballot. Write-in votes shall not be valid for any purpose.
F. In any case where there is only one nominee for office, such nominee shall be declared elected. In all other cases, election shall be by secret ballot. All local union members or council delegates shall be afforded a reasonable opportunity to vote.
G. In all cases in which election of officers is occurring simultaneously for both at-large and district seats, distinct ballots shall be issued, separating the at-large from the district contests. Ballots from at-large contests shall be indistinguishable as to district or constituency, and such ballots shall be cast in such a manner that they cannot be identified as coming from a particular district or constituency.
H. Local union elections may be conducted at the same meeting as nominations or at the following meeting or by referendum, as provided in the local union constitution. Council elections shall be held in accordance with the constitution of the council.
I. Any candidate whose name is to appear on the ballot shall have the right to have present an official observer of the candidate's own choosing, who must be a member of the Federation, in all places where ballots bearing the candidate's name are to be cast or counted.
J. Upon completion of the voting, the ballots shall be tabulated and the candidate for each office receiving a majority of the votes cast for that office shall be declared elected. Any remaining unfilled offices shall be filled through a run-off election in which there shall be a ballot bearing two names for each office to be filled, such names being those nominees who received the greatest number of votes in the first balloting and the candidates receiving the highest number of votes shall be declared elected. Those elected shall be installed in office immediately upon the subordinate body's acceptance of the Election Committee's general report n the election, at which time the names, addresses and terms of office of the newly elected officers shall be submitted to the International Secretary-Treasurer so that credential cards may be issued in accordance with the provisions of Article IX, Sections 14 and 19, of this Constitution. The preelection incumbents shall remain in office until new officers are installed.
K. Vacancies in office shall be filled in accordance with provisions of the constitution of the subordinate body. If no constitutional provision exists, vacancies shall be filled by vote of the executive board of the subordinate body.
L. All election records, including ballots, shall be retained by the subordinate body for at least one year after the election.
Section 3. Election of convention delegates.
A. Local unions shall elect council delegates in the manner prescribed for the election of local union officers, subject to the provisions of paragraph C, below.
B. Locals and councils shall elect delegates to conventions of the International Union in the manner prescribed for the election of local and council officers, subject to the provisions of paragraph C, below, and of Article IV of this Constitution.
C. The election by local unions of council delegates and of delegates to conventions of the International Union shall not require a majority of the votes cast unless such requirement is specifically contained in the local union constitution.
Section 4. Challenges and protests.
A. Any member of a local union or any council delegate may challenge the eligibility of any nominee by filing such challenge with the Election Committee prior to the holding of the election. The Election Committee shall make a determination regarding the challenge, and shall report its ruling to the subordinate body. The subordinate body shall either accept or reject the ruling of the Election Committee prior to the election.
B. Any protest concerning the conduct of the election may be lodged at the meeting at which the election is conducted or by filing such protest in writing with the subordinate body within ten days following the election. All interested parties shall be afforded an opportunity to be heard. Such protests shall be decided by the subordinate body not later than thirty days after the filing of the protest.
C. If the subordinate body determines that there were violations which may have affected the outcome of the election, it may order such election or any part thereof set aside, and a new election held. Any officers who have been installed prior to such determination shall remain in office pending the outcome of any new election or of a future appeal.
D. Any protestant or nominee adversely affected by a decision on a challenge or a protest may file a written appeal with the Judicial Panel within ten days of the subordinate body's decision, or, if no decision has been rendered, within forty days after filing the original protest with the subordinate body. Upon receipt of such an appeal, the Chairperson of the Judicial Panel shall designate one or more members of the Judicial Panel to conduct an investigation, affording all interested parties an opportunity to be heard, and such member or members shall issue a decision within forty days after the filing of the protest. If the investigation shows that there were violations which may have affected the outcome of the election, the election or any part thereof may be set aside and a new election held. In such circumstances, the new election may be conducted under the supervision of a representative designated by the Panel member or members who conducted the investigation.
E. Decisions made by a Panel member or members may be appealed to the full Judicial Panel by filing written notice of such appeal within ten days after the decision is issued. Should a decision not be issued within the time limit set forth above, an appeal to the full Judicial Panel may be filed within ten days after the expiration of such time limit. The Judicial Panel shall hear and decide such appeal at its next meeting. The Judicial Panel shall provide an opportunity for all interested parties to be heard, and shall consider all other information obtained in the investigation conducted by a member or members of the Judicial Panel.
F. Decisions of the Judicial Panel under this section may be appealed to the International Convention. Notice of such appeal shall be filed in writing with the International Secretary Treasurer within thirty days after the decision of the Judicial Panel. Pending the decision of the Convention, the decision of the Judicial Panel will be in effect.
G. No subordinate body funds shall be used to institute legal action outside the union to challenge election rulings.
H. Challenges and protests regarding the election of council delegates shall be handled in the manner prescribed for challenges and protests regarding the election of officers of subordinate bodies.
Section 5. Challenges and protests regarding election of delegates to International Union Conventions.
A. A challenge or protest regarding the election of delegates to a convention of the International Union must be filed with and decided by a subordinate body by or on the date of the meeting at which the report of the Elections Committee is voted on. A written appeal from the decision of the subordinate body may be filed with the Judicial Panel not later than the fifth day following the subordinate body's action on the challenge or protest; provided that the Judicial Panel shall not have jurisdiction to hear appeals filed within twenty (20) days of the opening day of the Convention. The Chairperson of the Judicial Panel shall designate one or more members of the Judicial Panel to conduct an investigation and decide the appeal in the manner provided in Section 4(D) as expeditiously as possible. An appeal from the decision may be made in the manner provided in Section 4(E).
B. If the right of a delegate from any subordinate body to be seated at the Convention is challenged, the Credentials Committee shall review the report and decisions, if any, of any prior appeals before making a decision concerning the validity of the delegate's credential.
Section 6.The provisions of this Elections Code shall conform with applicable law.
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