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AFGE NATIONAL CONSTITUTION |
AFGE Local 704 |
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80 F STREET, NW ______________________________________________________________________________ AFGE
______________________________________________________________________________ As adopted at the Thirty-fifth National Convention
______________________________________________________________________________ Table of Contents Article Page Preamble Appendix A: AFGE Rules of Conduct for an Election
CONSTITUTION American Federation of Affiliated with the __________ Preamble For the purpose of promoting unity of action in all matters affecting
the mutual interests of government civilian employees in general,
all other persons providing their personal service indirectly
to the United States Government and for the improvement of government
service, we as members of the American Federation of Government
Employees, adopt this Constitution and Rules. Article I Section 1. This organization shall be known as the American Federation of Government Employees (AFGE) and shall be affiliated with the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). Sec. 2. It shall be composed of locals throughout the United States, its insular possessions and in foreign territory and countries, now organized and chartered together with those which, hereafter, may be organized and chartered under the provisions of this Constitution. Sec. 3. The headquarters of this organization shall be in Washington, D.C. Sec. 4. There shall be published by AFGE an official publication to be known as The Government Standard; a copy of such publication shall be furnished to each member. Sec. 5. All employees hired for positions in the headquarters
office, with the exception of clerical and stenographic help,
shall have been members in good standing of AFGE for at least
one year prior to their employment or a member for one year or
more of the AFL-CIO and must be a citizen of the United States.
If no qualified applicants from the above two sources are available,
the area of consideration will be expanded. Article II Section 1. The object of this Federation shall be to promote
the general welfare of government employees, promote efficiency,
advance plans of improvement, and promote the full participation
of women and minorities in AFGE activities at all levels throughout
the Federation. Article III Section 1(a). All persons of the following classes, without regard to race, creed, color, national origin, sex, age, political affiliation, handicapped condition, marital status, sexual orientation, or preferential or nonpreferential civil service status, excepting those over whom jurisdiction has been granted to other national or international unions by the AFL-CIO, and excepting officers of unions not affiliated with the AFL-CIO, shall be eligible for full membership in this Federation. Sec. 1(b). All employees of the United States Government and any of its instrumentalities of whatever nature, including military personnel of the armed forces, and of the District of Columbia, and all other persons providing their personal services indirectly to the United States Government are eligible for membership in this Federation. Sec. 1(c). Any person who at the time of being separated without prejudice from employment covered by subsection (b) was a member in good standing of any local is eligible for membership in this Federation. Sec. 1(d). Any person separated from employment for unjust cause covered by subsection (b) who was a member in good standing in any local may retain membership in the local. Sec. 2. Locals shall have full power to elect or reject applicants for membership. However, locals holding units of exclusive recognition under Public Law 95-454 must accept membership applications in accordance with the law or regulation. Honorary membership may be conferred by locals or by a National Convention, provided that such honorary membership shall give its recipient no right to vote or to hold office in any local of this Federation. Sec. 3. A member in good standing, if separated from employment, upon application may receive an honorable withdrawal card from the local to which he or she belongs. Such members may be permitted to resume full membership upon returning to actual employment of the Government or its instrumentalities and the resumption of dues without payment of an initiation fee. Sec. 4. Letters of transfer may be issued to members in good standing when transferring from one local to another. Sec. 5. Any person who has paid an initiation fee to another
organization while such organization was affiliated with AFL-CIO
and has continually been a member of such organization may be
admitted to membership in this Federation without the payment
of an initiation fee upon the presentation of his or her membership
card in such organization. Article IV Section 1. No organization holding a charter from AFGE shall
be permitted to affiliate as an organization with any other labor
organization or labor body unless that body holds a charter from
the AFL-CIO. Article V Section 1. The laws and policies of this Federation shall be adopted and promulgated in National Conventions. This Constitution and any amendments thereto unless otherwise provided shall become effective immediately upon adoption. Sec. 2. National Conventions shall be the true and legitimate source of all authority and the final court of appeal. No change in the Federation's laws or policies therein adopted or promulgated shall be effected by any officer, committee, or any other body. Sec. 3. Between sessions of National Conventions the National President, National Secretary-Treasurer (NST), Director of the Women's Department, and twelve National Vice Presidents (NVP) shall constitute the National Executive Council (NEC). The twelve districts are comprised as follows: 2nd District-- Connecticut, Maine, Massachusetts, New Hampshire,
New Jersey, New York, Rhode Island and Vermont; Sec. 4(a). The AFGE National Convention shall meet triennially at such place as the NEC shall select during the months of August or September of each third year in a union hotel, and the date to be set will be left to the discretion of the NEC. The NEC shall name the dates of the National Convention by October 1 of the year preceding the National Convention year, and the National Office shall notify all locals 30 days after said date is set. The National Convention shall be planned to avoid any conflict with the major religious holy days observed by any religious group among AFGE's membership. If any such conflict should arise, it is the responsibility of the membership representing the affected group to notify the National Office in writing at least six months prior to the suggested date of the National Convention. The National Convention shall convene on a Monday and close on the following Friday. Sec. 4(b). In the event of a national emergency which renders the holding of a National Convention impracticable, the NEC, by a majority vote, may postpone the holding of the National Convention until such time as it may become practicable to hold a National Convention. Following postponement of a National Convention, but not later than June 1, the NST shall poll all locals in good standing as of the preceding quarter on the question of further postponement. The results of the poll shall be published immediately in The Government Standard. Sec. 4(c). In any poll of locals as a result of action under subsection (b), a majority vote shall govern. Sec. 5. Rules and order of business governing the preceding National Convention shall be in force from the opening of the preceding National Convention until new rules have been adopted by action of the succeeding National Convention. Sec. 6. A quorum for the transaction of business shall consist
of not less than 30% of the delegates properly seated by the National
Convention. Article VI Section 1. Representation in the National Convention shall be one vote for each member and shall be based on the average number of paid members for the 12-month period May 1 through April 30. "Member" is defined to be one for whom an initiation fee or per capita tax shall have been paid to the Federation. No local shall be entitled to representation in the National Convention unless all initiation fees, per capita tax, and all other accounts due to the Federation from such local as of June 30 prior to the National Convention are paid in full before any delegate is seated in the National Convention. Such information shall be furnished to the Committee on Credentials by the National Secretary-Treasurer. Sec. 2. Locals having a membership of 100 or less shall be entitled to one delegate; 101-200 members, two delegates; 201-300 members, three delegates; 301-400 members, four delegates; 401-500 members, five delegates; 501-750 members, six delegates; 751-1,000 members, seven delegates; 1,001-2,000 members, eight delegates; 2,001 and over, ten delegates. Any local whose charter has not been in existence for one year is entitled to representation at the National Convention in accordance with the above, on the average of per capita tax paid monthly since its admission. Sec. 3. No local shall be represented by proxy in National Conventions, except as hereinafter provided. Only a member duly elected by his or her own local as a delegate in accordance with the AFGE Rules of Conduct for an Election may represent a local by proxy. That delegate may cast the proxy votes of not more than four locals, in addition to the votes of the local of which such delegate is a member, in accordance with Section 1, provided that those locals have elected that delegate in a secret ballot election. Sec. 4. Notwithstanding the four-proxy limitation, a duly elected delegate for a constituent local of any approved council may cast the proxy votes of four constituent locals of that council which has elected such delegate in a secret ballot election. Sec. 5. Locals entitled to more than one delegate may send less fewer than their quota of delegates to National Conventions, but the delegates present may cast the entire vote of the locals so represented on all questions and elections coming before the National Convention. Sec. 6. Alternate delegates elected in a secret ballot election may be seated in the absence of the delegates elected upon presentation and approval of their credentials. Sec. 7. There shall be no delegate-at-large. Sec. 8. The National Office will furnish official credentials directly to each local, and these credentials shall be printed on an official AFGE form. All delegates to National Conventions shall be elected by secret ballot in accordance with the AFGE Rules of Conduct for an Election as provided for in Appendix A of this Constitution by their respective locals at least 30 days prior to the National Conventions, and the names of such delegates shall be certified by the proper officers of locals to the NST at least 14 days prior to the opening day of the triennial National Convention. Sec. 9. No person may be a delegate to any National Convention unless in good standing in his or her local. Sec. 10. No person who is a paid employee of the Federation and not an elected officer shall be a delegate to any National Convention. Sec. 11(a). Any chartered national, regional, state, or district council shall be entitled to two delegates, and such delegates shall pay the same registration fee as other delegates. Sec. 11(b). The delegates from national, regional, state, or district councils will be elected by a secret ballot election among constituent locals of the respective councils. Sec. 12. The National President, National Secretary-Treasurer,
Director of the Women's Department, and National Vice Presidents
are by virtue of their election as national officers ex-officio
delegates to National Conventions with the full rights and status
of a delegate, except that they cannot act as a delegate of their
respective locals or proxy delegate, unless duly elected by the
local as a delegate. Article VII Section 1(a). No person shall be a candidate for, or be elected to, national office unless he or she has been a governmental employee for three consecutive years, and has also been a member in good standing of the Federation for the three consecutive years immediately prior to the date of nomination for the office being sought. Sec. 1(b). The national officers of this Federation shall be a full-time National President, a full-time National Secretary-Treasurer, and a full-time Director of the Women's Department, to be elected triennially by a majority vote of the National Convention. Sec. 1(c). All National Vice Presidents, Fair Practices Affirmative Action Coordinators, and National Women's Advisory Committee Coordinators will be elected by secret ballot, by majority votes cast within each respective district, and will be installed at the caucus after their election. Sec. 2. The terms of the national officers of AFGE shall expire on the election and installation of their successors, or if they cease to be a member in good standing, they shall thereby automatically forfeit said office. Sec. 3. The entrance salary of the officers shall be consistent with the Classification Act for Federal Employees: (a) National President Executive Level IV except that an elected officer shall not suffer any loss in pay if occupying a Federal or District government position when elected. The in-grade step raises for the prescribed grades, if any, shall apply. Pay increases for all national officers will be in accordance with the Federal Employees Pay Comparability Act of 1991 (FEPCA). Sec. 4. The National President, by and with the advice and consent of the National Executive Council, shall engage suitable offices at Washington, D.C. for the transaction of the business of the Federation. Sec. 5. A paid employee, as distinguished from an elected officer
of AFGE, may be a candidate for any elective office with AFGE,
provided he or she is on leave of absence without pay. Upon request,
employees will be granted leave without pay for the purpose of
seeking elected office. Employees will be granted leave without
pay upon announcement of their candidacy. Any announcement as
to candidacy shall be made at least 30 calendar days prior to
the election, and when candidacy is announced, the employee will
be put in a leave without pay status. Article VIII Section 1. The National President, the National Secretary-Treasurer, and the Director of the Women's Department of AFGE will be elected by secret ballot and a majority vote in accordance with the rules of the National Convention. Sec. 2(a). National Vice Presidents, Fair Practices Affirmative Action Coordinators, and National Women's Advisory Committee Coordinators are to be nominated and elected at a district caucus to be held within each respective district subsequent to May 1 and prior to June 1 of every third year beginning in 1990. Sec. 2(b). The method of electing an NVP by each district shall be as follows: the NST shall certify to each incumbent NVP the locals in good standing in his or her district. Subsequent to May 1 and prior to June 1 of any election year, the incumbent NVP in each district will call a district caucus of representatives of all locals in good standing for the purpose of electing an NVP for that district. All declared candidates for all National Offices will be provided, upon request, the following information as expeditiously as the information is available: (1) A complete list of the names, business and home addresses,
and business telephone numbers of the presidents and treasurers
of each local in the district; Sec. 2(c). All delegates to district caucuses shall be elected by secret ballot by their respective locals in accordance with the AFGE Rules of Conduct for an Election as provided for in Appendix A of this Constitution. Sec. 2(d). Locals in good standing within each district may participate through the medium of a delegate(s). Membership strength will be based on the average number of paid members of the 12-month period through December of the year preceding the election. Each local shall be entitled to cast one vote for each member on all business and elections coming before the caucus, based on said average number of paid members for the previous calendar year for whom an initiation fee or per capita tax shall have been paid to the Federation. To be in good standing, a local shall have submitted all membership and financial reports and remittances through the month of February of the election year to the National Office. No local shall be entitled to cast a vote in the district caucus unless all initiation fees, per capita tax, and all other accounts due the Federation from such locals for the period ending on February 28, prior to the district caucus, are paid in full. The number of caucus delegates a local is entitled to is determined in the same manner as National Convention delegates under Article VI, Section 2. Councils shall not be permitted to send delegate(s) to the caucus. Full-time National Representatives and full-time paid employees of AFGE shall not be permitted to attend the caucus as delegates. Sec. 2(e). Standard credential forms must be sent in advance
of caucuses to all locals in all districts by the NST for insertion
of delegates' names and signatures for the local president and
secretary, or secretary-treasurer. Article IX Section 1. The National President shall function as the Chief Executive Officer of the Federation and shall exercise supervision of the affairs of the Federation subject to the approval of the National Executive Council. It shall be the duty of the National President, in accordance with the mandates of the National Convention, to plan and pursue policies which will promote the welfare of the organization; keep the membership fully advised of his or her activities; preside at the triennial Convention and at the meetings of the NEC, unless a different officer is designated by a two-thirds vote of those present and voting; sign all official documents pertaining to his or her office; and travel under budget and general policies of the NEC. Sec. 2. The National President shall call meetings of the NEC when necessary or when requested to do so in writing by a majority of the members of the NEC. Sec. 3. The National President shall submit to the National Convention a triennial report of his or her activities. Sec. 4. There may be employed in the office of the National President under his or her supervision a Director of Organization. The appointment or removal of the Director of Organization shall be recommended by the National President and approved by the NEC. Under the supervision of the National President, the Director of Organization shall be responsible for: (a) Overall organization planning; Sec. 5(a). The National President shall be authorized and empowered, with the approval of the NEC, to place any council or local under trusteeship, and shall for safeguard and protection take immediate charge of all equities and properties, tangible or intangible, acquired and/or possessed by any such affiliate for the purpose of preventing corruption or financial malpractice, assuring the performance of collective bargaining agreements or other duties of bargaining representation, restoring democratic procedures, or otherwise carrying out the legitimate objectives of the Federation. Restoring democratic procedures and carrying out legitimate objectives of the Federation include, but are not limited to, the following situations provided there is justifiable cause for such action. (1) The affiliate cannot function autonomously because: Sec. 5(b)(1). In all cases but secession from AFGE or confirmed loss of leadership, or where the local or council fails to agree to mediation, the National President shall be authorized and empowered with the approval of the NEC, to place any council or local under trusteeship only after the following procedures have been followed: (1) There will be mediation by a certified mediator, appointed
by the National President and paid from the district in which
the trusteeship is proposed. A council trusteeship will be paid
by the Office of the National President. After mediation and conciliation
has been exhausted to resolve any conflict; Prior to the imposition of trusteeship, the notice shall be sent by mail from the National Office to all members of the affiliate setting forth the reasons why the affiliate was placed in trusteeship. In all cases except secession or confirmed loss of leadership, all elected officers shall remain in office until after a decision from a fair and impartial hearing by the Federation. In all cases except secession or confirmed loss of leadership, the National President shall employ an independent arbitrator solicited from the AAA or another arbitration association. The selected arbitrator shall live in close proximity to the council or local where the hearing is being heard. The arbitrator shall have the authority to decide the trusteeship based on the standard of evidence used in the courts. The arbitrator shall conduct a hearing concerning the circumstances surrounding the trusteeship. The arbitrator shall be selected with consultation by the NVP having jurisdiction over the affiliate. The affiliate and the National President designee shall select the arbitrator from a seven-member list supplied by the AAA or other association. Either party shall have three opportunities to strike from such list until there remains one arbitrator. This last arbitrator shall be selected to hear the case for trusteeship for the affiliate. If it is documented by certified return notice that the local or council will not participate in the selection of the arbitrator after certified notice, the National President shall contact and employ this arbitrator; the expense shall be born by the district in which the trusteeship is proposed. For proposed council trusteeships, the cost will be paid by the Office of the National President. The hearing shall normally commence within 60 days after the notice of trusteeship has been served upon the members of the affiliate. The reason for the establishment of the trusteeship will be fully explored through the testimony of witnesses. The arbitrator will rule on questions of evidence and testimony at the hearing. Within 15 days, the National President will receive the record of hearing, along with the findings and the decision of the arbitrator. He or she shall render a written decision, either ratifying the establishment of the trusteeship if the preponderance of the charges are sustained, or rescinding the trusteeship if the decision is not sustained by a preponderance of the evidence. The National President shall not modify or change the decision of the arbitrator. Sec. 5(b)(2). In cases of secession or confirmed loss of leadership, the imposition of trusteeship will be followed within 30 days by a report and recommendations by a three-member panel appointed by the President. The panel may act on the basis of the written record, or may hold an on-site hearing, or may take evidence or argument by electronic means. Sec. 5(b)(3). If the decision/report is for trusteeship, the National President will notify the affiliate; any member may appeal the decision in writing to the Labor Department or the next Convention. A copy shall be mailed by certified or registered mail to the National Secretary-Treasurer of the Federation, within 20 days after the National President has established the trusteeship. The appeal will be processed under the regulations/guidance of the Labor Department. If the trusteeship is still sustained, the member of the affiliate can only appeal again that decision at the next Convention. While an affiliate in the Federation is under trusteeship the trustee will ensure that the membership of the affiliate will be involved or participate by: allowing the membership's approval for all expenditures over $250; providing the membership a voice in setting policy; ensuring representation is given; and allowing the Bill of Rights to govern. To safeguard and protect the affiliate's assets, the Federation will take immediate charge of all equities and properties, both tangible and intangible, acquired or possessed by the affiliate for the purpose of preventing corruption or financial malfeasance. The Federation will assure the performance of the collective bargaining agreement, restore the duties and responsibilities of the representatives and promote democratic procedures, and otherwise carry out the legitimate objectives of the Federation. Sec. 5(c). The National President shall be authorized and empowered to revoke or suspend, with the approval of the NEC, the charter of any council or local when the National President has proof that such affiliate body has disbanded, has ceased to be beneficial to the Federation, is in such disarray that its continuation will be prejudicial to the objectives and best interests of the Federation, or when a local is delinquent in paying its monthly per capita tax assessments or other indebtedness, as provided for in Article XIX. Any member of the local or council whose charter is suspended or revoked under this subsection may challenge the action by mailing a written statement, setting forth the grounds for the challenge, to the National President within 15 days after the suspension or revocation. The National President will order a hearing on such challenge, and such hearing and appeal procedures will be conducted in accordance with the procedures set forth in Section 5(b) of this Article. Sec. 5(d). The National President shall be authorized to immediately suspend any officer of an affiliate for serious misconduct, including but not limited to incompetence, negligence, or refusal to perform duties validly assigned, or any other offense, as described in Article XVIII, Section 2, where in his or her judgment the continuance in office of such officer would be inimical to the best interests of the Federation and its members. At the time of the suspension, the National President shall serve upon the suspended officer by registered or certified mail a written notice of the suspension stating in detail the charges against the officer, and he or she shall also mail a copy of such notice and charges to the president or highest remaining ranking officers of the local. Such suspended local officer shall be tried by his or her local under the procedures established in Article XVIII. However, the National President, when he or she deems it in the best interest of the Federation, or in his or her opinion the local will not proceed promptly to trial, or cannot be expected to fairly or judiciously try the matter, may (1) appoint a trial committee or (2) select an arbitrator under existing Federal Mediation and Conciliation Service or American Arbitration Association procedures, for the trial of the suspended officer. A suspended council officer will be tried by a trial committee composed of three members, one of whom shall be an arbitrator selected in accordance with Article XVI, Section 7, and of the others, who shall be appointed by the National President, one shall be a national council president. A suspended local officer shall be tried by a trial committee appointed by the National President, composed of at least three members or employees of the Federation. Such trials shall be conducted speedily but with reasonable time for the accused to prepare his or her defense. The procedures described in Article XVIII, Sections 5 and 6 governing the conduct of hearings by local trial bodies shall be followed by the trial committee to assure the accused a full and fair hearing in accordance with the basic requisites of due process. The trial committee shall render a decision suspending the accused for a specific time from his or her office, removing him or her from the office, barring him or her from holding any office for a specified time, and/or suspending for a specified period of time, or removing him or her from membership, or finding him or her not guilty as accused. An officer suspended or removed from office and/or membership shall have the appeal right as set forth in Article XVIII, Section 9, after decision by the trial committee. The suspension or removal of an officer shall operate only to suspend the right of such person to occupy any office or position, or perform any of the functions thereof, but all other membership rights of such officer shall remain unaffected unless and until the trial committee renders a decision affecting his or her membership rights. Sec. 5(e). Where the National President determines that the conditions within a local or council are such that a fair and impartial investigation and trial of charges against a member cannot be conducted by the local or council under the provisions of Article XVIII, Section 3, then in that event the National President may appoint a committee of investigation and/or a trial committee, such committees to be composed of at least three members. In lieu of a trial committee, the National President may select an arbitrator under existing Federal Mediation and Conciliation Service or American Arbitration Association procedures. In the case of a national council officer, the composition of the trial committee shall be consistent with Article XVI, Section 7. In no case will the committee of investigation and the trial committee be composed of the same members. All of the due process provisions in Sections 4, 5, and 6 of Article XVIII govern the trial before such trial committee. The findings and recommendations and decision of such trial committee shall be submitted to the National President. Within 15 days after the National President receives the transcript or minutes of the hearing and the findings and recommendation and decision of the committee, he or she shall render a written decision. The National President's decision may be appealed by the charged member to the NEC and to the National Convention in accordance with the procedures in Section 9 of Article XVIII. Sec. 6. The National President should furnish to the National Vice President for official district publications, and through the resident NVP to any council or local which is in good standing, a mailing list. These lists are for the exclusive use of exchanging publications or for the purpose of organizing. Sec. 7. The National President, with the approval of the NEC, shall appoint a Budget Committee of not less than three members, one of whom shall be the NST. The duties of the Budget Committee shall be to estimate the revenue of the Federation, to present to the NEC for approval allocations of funds, and to make other recommendations related to the finances of the organization. The National President is authorized to appoint such committees and chairpersons thereof as may be necessary to serve during the Convention period, with the approval of the NEC present and voting. Sec. 8. The National President may discharge employees other than elected officers only for just cause. If a discharged employee is covered by a collective bargaining agreement or contract, he or she shall have such grievance rights as are provided in that agreement. The NEC shall establish a grievance procedure for all other full-time employees not covered by contract. Sec. 9. The National President, with the advice and consent of the NEC, shall retain a certified accountant to audit the accounts of the NST immediately following the close of each fiscal year and at such other times as the National President or NEC shall deem necessary. Copies of the annual audit reports shall be furnished to members of the NEC and upon request to any local. Copies of the certified balance sheets and revenue and expense statements from the annual audit reports covering the two immediately prior fiscal years shall be furnished to the presidents of the constituent locals of the Federation at least ten days prior to the triennial Convention. Sec. 10. The National President may delegate the authority to exclusively recognized national councils: (a) To meet and confer with agency/activity management for the
purpose of entering into negotiated agreements; Sec. 11. If the National President for any valid reason, such
as ill health, is unable to perform his or her duties for any
substantial period of time, he or she shall designate in writing
that the NST is to perform his or her duties. Such notice will
be served upon the NEC. This designation may be revoked at the
discretion of the National President. Vacancies in the office
of the National President which occur between Conventions shall
be filled by the NST. The office of the NST shall then be filled
by a majority vote of the National Executive Council. Article X Section 1. It shall be the duty of the National Secretary-Treasurer to have custody of and properly maintain the papers and other documents and effects of the National Office; conduct the correspondence pertaining to his or her office; receive and receipt for all monies; convene and act as NST at the triennial Convention, and travel under the budget and general policies of the NEC. Sec. 2. The NST, with the approval of the National President and under the policy established by the NEC, shall invest any surplus funds of the Federation in sound securities or deposit them in a bank or banks. Sec. 3. The NST shall disburse monies of AFGE in payment of obligations incurred on behalf of the Federation after such obligations are approved by the National President or his or her duly authorized agent. Each check drawn upon the funds of the Federation shall be signed by the National President and countersigned by the NST. Sec. 4. The NST shall furnish the Committee on Credentials at the National Convention a statement of the financial condition of each local. Sec. 5. In addition to his or her triennial report, the NST shall prepare a quarterly financial report which shall be published in The Government Standard. Such reports shall include the following disbursements: salaries, maintenance of headquarters, travel, and miscellaneous expenditures. Such information is to be itemized by headquarters department and NVP district and program function expenditures. Sec. 6. The NST shall submit a triennial report to the Federation covering the membership of the Federation and its locals and a complete statement of all receipts and disbursements during the preceding year. At the expiration of his or her term of office, he or she shall deliver to his or her successor all monies, books, and papers of the Federation which are under his or her control. He or she shall give bond in such sums as the NEC may determine. Sec. 7. The NST shall appoint, direct, and have supervision of all employees of the Federation employed in the office of the NST, such action to be subject to the approval of the NEC. Sec. 8. The NST shall direct an audit of the financial records of any affiliate of the Federation to determine its financial status when sufficient cause exists. Sec. 9. The NST shall preside over meetings of the National Executive Council when the National President is not present. Sec. 10. All AFGE affiliated organizations, including councils
and districts, have access to the national headquarters building
Board Room for union purposes on the basis of actual availability. Article XI Section 1. The Director of the Women's Department shall: (a) Develop, and exercise general supervision over, the affairs
of the Women's Department and Fair Practices Department; Article XII Section 1(a). The National Vice Presidents shall oversee all organizational work in their respective districts and coordinate as necessary with the Director of Organization. They shall exercise general supervision over the affairs of their respective districts. They shall assist locals in negotiations and implementation of contracts within their respective districts, handle grievances and appeals at the district level up to and including the regional levels, and refer to the National President for adjustment all grievances and appeals not resolved at the district level. However, in the Fourteenth District, the NVP shall be permitted to deal with governmental department heads. Sec. 1(b). NVP's shall be responsible and accountable to the locals and councils in the district where elected to serve and to the following performance standards: (1) To represent their district's, locals' and councils' best
interests in all interactions with the National Executive Council
and National Office; Sec. 2. Each district shall be entitled to at least one resident
National Representative who will work directly under the district
NVP's supervision and direction. Such National Representative
shall be selected, in accordance with the policy established by
the NEC, by the incumbent NVP of the district or department to
which he or she is assigned, and he or she may be discharged by
the NEC upon recommendation by the NVP or the majority of the
locals within the area he or she services, for cause. Article XIII Section 1. It shall be the duty of the National Executive Council of the Federation to watch all legislative measures directly affecting the interests of employees of the United States Government and the District of Columbia and to devise and initiate such legislative actions as the National Convention may direct, and in the interim between National Conventions, shall devise and initiate, whenever necessary, legislative policies consistent with the objectives of the Federation. Sec. 2. The NEC shall use every legitimate means to organize new locals in every section of the United States, its possessions, and foreign territories. Sec. 3. The NEC shall instruct all locals to affiliate and actively cooperate with central, state, district, or regional labor bodies in their respective localities. The NEC also shall utilize every legitimate means and effort to consolidate existing compatible locals into larger segments or councils for the purpose of creating stronger union entities and eliminating fragmented organizations. District boundaries will not be a barrier to any merger or consolidation deemed beneficial and for the protection of union members. Sec. 4. The NEC shall establish the conditions and regulations on which AFGE publications will be distributed or otherwise supplied to the general public. Sec. 5. Organizers and other employees of the Federation not specifically provided for herein shall be employed when necessary by the National President, by and with the advice and consent of the NEC. Sec. 6. The NEC shall have power to make rules to govern matters not in conflict with this Constitution and shall prepare and present a complete report of its activities to the National Convention. Sec. 7. Any officer of the Federation having charges preferred against him or her may be suspended by a two-thirds vote of the NEC, only after being notified in writing of the charges and given an opportunity to present his or her defense to the NEC. Such suspension by the NEC, to become permanent, must be sustained by a majority vote of the next regular National Convention. Sec. 8. Any affiliate of the Federation desiring assistance from the Federation in the adjustment of grievance or disputes shall submit to the National President the full certified statement of such grievance or dispute and shall receive within 20 days a decision from the National President as to whether the affiliate will be sustained. Such affiliate however, has the right of appeal to the NEC as a whole, provided such grievance or dispute is prepared by such affiliate and presented by its delegate or delegates in person at a meeting of the NEC or duly authorized committee of representatives thereof. Sec. 9. No money of AFGE shall be expended unless authorized by the NEC or specifically provided for by act of National Convention. Sec. 10. The NEC, during the interim between National Conventions, is authorized to constitute itself a standing committee of the NEC with respect to any matters within the jurisdiction of the NEC, and such standing committee may designate subcommittees composed of its own members to act for it on matters within the jurisdiction of the NEC, provided that the NEC shall have the right to veto any action of the standing committee or any subcommittee thereof. Sec. 11. The NEC is directed to provide and conduct a uniform pension plan for the full-time officers and full-time employees. Sec. 12(a). Accurate minutes of all actions and votes of the NEC shall be kept and shall be made available to each National Vice President and council president upon request and shall be shown to local presidents upon request. Sec. 12(b). Within one month or 30 days after each and every meeting of the NEC, a report of such meeting shall be mailed to the president of each local. The report may be in abstract form but should include the following items: (1) The agenda; Sec. 12(c). NEC meetings normally should be held at the AFGE
National Headquarters, Washington, D.C., except during the National
AFGE Conventions, and except that the NEC is authorized to convene
in a regular meeting outside of Washington, D.C., providing such
a meeting costs no more than convening a regular NEC meeting in
Washington, D.C. All NEC meetings shall be open "sunshine"
meetings to the Federation, and advance notice to locals and councils
of the location of NEC meetings will be published by the Federation. Article XIV Section 1. This Federation may have locals for which the National Secretary-Treasurer, under authority of the National Executive Council, issues or amends a charter. Each local shall bear the name, "AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES Local No. ..., AFL-CIO." Sec. 2. When necessary, in the judgment of the NEC, additional locals may be chartered in cities, towns, or municipalities where locals already exist. Sec. 3. Ten or more eligible governmental employees shall constitute a local to be formed in any locality. Sec. 4. When desired, separate branches of a local with the necessary officers may be formed and sub-chartered in the same city, town, etc., but all branches of any local shall be under direct supervision of the parent local. Sec. 5. Each application for charter for locals must be sent to the NST. Sec. 6(a). Upon formation of a local, the local's secretary shall submit to the NST a complete list of names and addresses of all members, and the local shall forward to the NST the initiation fees. Sec. 6(b). Every local of AFGE shall adopt an approved constitution. Effective January 1, 1985, all new locals, or existing locals whose constitutions have not been approved on or after September 1, 1979, shall be governed by a standard local constitution as set forth in Appendix B of the AFGE National Constitution. Provisions of the then existing local constitution or bylaws not conflicting with the AFGE National Constitution or, if applicable, the constitution of a national bargaining council, including the dues, fees, and assessments, shall remain in effect unless and until superseded by action of the local. Sec. 6(c). Any local wishing to adopt the standard local constitution, as contained in Appendix B of the AFGE National Constitution, may do so in accordance with the amending provisions of its current constitution. Copies of the minutes of such meeting shall be sent to the National President in support of the request for NEC approval. Sec. 6(d). Any local not under the standard local constitution wishing to amend provisions of its constitution and/or bylaws may do so in accordance with the amending provisions of its current constitution. Prior to amendments taking effect, NEC approval must be obtained by forwarding to the National President the amendments, together with a copy of the prior notice to the members and a copy of the minutes of the meeting showing adoption of the amendments by the proper majority. Sec. 6(e). Expenditures by the Executive Board in excess of $500 per month must have prior approval of the local's members either as authorized by the budget approved by the local or by separate vote of the local's members. All expenditures authorized by the Executive Board will be reported in writing at the next regular meeting of the local. Upon request a copy of such report will be made available to any member in good standing of the local. Sec. 7. AFGE, in accordance with provisions of the AFGE National Constitution, charters two types of locals: Regular Local and Insured Local. A Regular Local does not provide any life insurance benefits for its members. An Insured Local automatically includes life insurance programs for its members under the AFGE Insured Program. Listed below are the steps to follow in organizing the two types of locals: Sec. 7(a). REGULAR LOCAL (1) Contact the NVP, National Representative, or organizer of
the district or department and request a Charter Application form
and a supply of literature and Membership Application forms for
organizing a Regular Local; Sec. 7(b). INSURED LOCAL (1) Contact the NVP, National Representative, or organizer of
the district or department and request a Charter Application form
and a supply of literature and Membership Application forms for
organizing an Insured Local; Each member of a local operating under the Insured Program who is under the age of 65 will automatically be covered for benefits according to the member's age as follows: AMOUNT OF INSURANCE
First $2,200 Each $2,800 Because the insurance provides greater membership stability, every group of federal employees desiring to form an AFGE local will find it more advantageous to organize under this program. If a local organizes under the Insured Program, 100% of the eligible members must participate. Sec. 8. Each local shall conduct an audit at least once a year and a certification made to the NST that such an audit has been made. This certification shall indicate the current membership. Sec. 9. When the charter of a local is revoked or whenever a local disbands, its officers shall be required to turn over all books, records, property, and funds to the National President or his or her representative to be held on account. All such funds shall become the property of the Federation. Sec. 10. Nothing in this or any other provision of this Constitution shall prevent a local from investing funds in state chartered credit unions as well as federal credit unions throughout the United States which operate on the same basis or in a federally insured savings and loan association. Such investment shall be authorized by a regular meeting of the local, and the investment must be secured by insurance, security, or collateral. Sec. 11. Any bargaining unit employee alleging an arbitrary,
discriminatory, or bad faith processing of the employee's grievance
or other complaint shall timely appeal to the president of the
employee's respective local. Such appeal must be in writing, alleging
specific grounds, and must be accomplished within the time requirements
set forth in the bargaining agreement or other applicable proceeding
or immediately upon discovery of such alleged improper processing.
Upon receipt of the written appeal, the president or designee(s)
shall immediately conduct a review and take appropriate action
as warranted. Invocation of this appeal procedure for matters
of this nature is the exclusive remedy available to an aggrieved
employee. Article XV Section 1. The local presidents shall exercise general supervision over the affairs of their respective locals. Sec. 2. The local president shall comply with the National and
local Constitution. Further, the local president shall keep the
membership apprised of the goals and objectives of the Federation. Article XVI Section 1. AFGE locals may form councils to be comprised of member locals in good standing; such councils are to be formed after due application and approval by the National Executive Council, which in turn will issue a charter under the same conditions applying to the locals. If the NEC does not approve the first application for a charter, within 30 days it must furnish in writing to all locals involved the reason why approval has not been granted and the specific actions which will lead to the granting of the charter. Upon completion of the stated actions the charter must be issued. AFGE locals having members represented by a council with national exclusive recognition or a national consolidated unit must pay the dues and/or per capita tax to the appropriate council and in accordance with the council's constitution. Retired members may pay national council or national consolidated unit council dues, but it is not mandatory unless the local of which they are a member requires them to do so. Locals not paying their national council or national consolidated unit council dues and/or per capita tax, as required, are subject to all penalties as prescribed in the AFGE National Constitution and the appropriate national council or national consolidated unit council constitution. Sec. 2. An annual report of each council's activity, including the annual audit, shall be made to the National Office. Further, copies of official publications shall be furnished to the National Office. Sec. 3. All councils shall be subject to the rules and regulations of the AFGE and the NEC. Sec. 4. Councils shall pay no per capita tax. They may have representation in, and be permitted to submit resolutions to, the National Convention. Sec. 5. Only locals in good standing shall be affiliated with such councils. Sec. 6. Each council shall adopt a constitution and bylaws which shall be submitted to, and approved by, the NEC before a permanent charter of affiliation shall be issued. Amendments to such constitution and bylaws shall be approved by the NEC before becoming effective. Sec. 7. No action shall be taken against national council officers by the NEC or National President without due process. Such due process will be consistent with the provisions of Article XVIII, and the trial or hearing panel shall be composed of three members, at least one of whom shall be a national council president and the second an independent arbitrator chosen from a list of seven arbitrators provided by the FMCS. The National Office shall strike the first name followed by the charged officer, with both parties alternating until one name remains. Sec. 8. Where the charter of a council is revoked, or whenever a council disbands, its officers shall be required to turn over all books, records, property, and funds to the National President or his or her representative to be held on account. All such funds shall become the property of the Federation. Sec. 9. Expenditures by the Council President in excess of $500
per month must have prior approval of the council's Executive
Board either as authorized by the budget approved by the delegates
or by separate vote of the council's delegates. All expenditures
authorized by the Executive Board will be reported in writing
at the next regular meeting of the council. Upon request a copy
of such report will be made available to any officer in good standing
of the council. Article XVII Section 1. The council presidents shall exercise general supervision over the affairs of their respective councils. Sec. 2. The council president shall comply with the National
and council Constitution. Further, the council president shall
keep the membership apprised of the goals and objectives of the
Federation. Article XVIII Section 1. Except as provided for under the powers of the National President in Article IX, Section 5, the local in which an individual member holds membership is the court of original jurisdiction for trial of charges against the local's members and officers, unless the charges arise out of or result from an individual's conduct or status as a council officer on matters concerning council operations, in which case the council has original jurisdiction for trial of such charges. The due process provisions of Article XVIII shall govern at the council level when a council officer is charged and tried in his or her capacity as a council officer. Members of the Federation, including officers, agents, and representatives of locals or councils, shall be tried for any of the offenses listed in Section 2 hereof. Sec. 2. Charges may be preferred for conduct detrimental or inimical to the best interests of the Federation. Offenses against this Federation include the following: (a) Advocating, encouraging, or attempting to bring about a secession
from the Federation of any local or of any member or group of
members. Penalty for conviction under this subsection shall be
expulsion; Sec. 3. Charges may be preferred by the National President, the National Executive Council, the National Vice President having jurisdiction over the local of which the accused is a member, or by a committee of investigation of the local. Any member may bring charges by first filing them with the local of which the accused is a member, and the charges shall be investigated by a committee of investigation appointed by the local president or by the majority of the local executive board if the local president is being accused. If it is the local president who brings charges against a member, then the local executive board shall appoint a committee of investigation. If a member of the local executive board is the accused member, he or she may not vote in the selection of the committee of investigation. The committee of investigation shall conduct and complete the investigation within 120 days of the filing of charges. If the committee of investigation finds probable cause and cannot settle the matter informally, it shall cause charges to be served upon the accused. Such charges shall be in writing and shall be served upon the accused by registered or certified mail at his or her last known address, and the local of which the accused is a member shall also be served at its office or address of its highest ranking officer. The charges shall contain an allegation of the facts describing the nature of the offenses charged. Sec. 4. The trial shall be conducted either by the local's executive board or by a trial committee composed of not less than three nor more than seven members of the local. In any event, no member of a local union shall be eligible to serve on the board or trial committee for the hearing of charges under this Article if he or she is directly or indirectly involved in the matter which gave rise to the charges upon which the accused is to be tried. In no case will the committee of investigation and the trial committee be composed of any of the same members. The trial committee shall be elected by the membership of the local at the next regular meeting after the charges have been filed or at a special meeting called for that purpose to be held not less than five days after a copy of the charges has been filed with the local. The body hearing the trial shall select from among themselves a presiding officer and a secretary and fix the time and place of the trial. The presiding officer shall notify the accused and those who preferred the charges by registered or certified mail of the time and place of trial, and such trial shall be promptly held but shall not be held less than two weeks after the mailing of the notice so as to insure the accused of a reasonable time to prepare his or her defense. Sec. 5. All parties shall be given full opportunity to present all relevant evidence and exhibits which they deem necessary to the proper presentation of their case and shall be entitled to cross-examine witnesses of the other party or parties. The accused shall have the privilege of being represented by representatives of his or her choice, except by a member of the trial committee or a member of the executive board when it is acting as a trial board or a representative of another labor organization. At the discretion of the local union a verbatim transcript of the trial proceedings may be taken. For the purpose of creating an official record of the hearing conducted by the trial body, a verbatim transcript also shall mean a tape recording. In the event no verbatim transcript is made, the secretary of the trial body shall reduce the minutes of the trial to writing and include therein the substance of the testimony and all exhibits submitted at the trial. The secretary also shall furnish to each party a copy of the transcript or minutes, as the case may be, and each party within ten days after receiving said transcript or minutes shall submit to the secretary in writing any objections thereto. The record thus made shall constitute the record of the trial for the purpose of appeal, and in the event any party fails to attest to the correctness of the record or to file objections to the correctness of the record within the time limit prescribed herein, the transcript or minutes furnished by the secretary of the trial committee for the purpose of appeal shall be deemed to be a correct record of the trial procedure and of the evidence presented. All matters relating to the procedure of the trial not otherwise specified in this Section shall be determined by the trial body, and all parties and their respective counsel shall comply with all orders and directions of the trial body with respect to such matters. No member of the board or trial committee who absents him or her self from any session of a trial may participate in findings, decisions, or recommendations of the board or trial committee or file any concurring or dissenting opinion. Sec. 6. Should the accused fail, refuse, or neglect to appear for trial after due notice, or after appearing refuse to comply with orders or directions of the trial committee relating to the conduct of the trial or otherwise attempt to obstruct or thwart the trial committee in its conduct of the trial, the trial committee shall proceed with the trial in the absence of the accused, hear such evidence as may be presented by witnesses who respond to notice, and render its findings, recommendation, and decision. However, the accused shall not be deprived of the privilege of being represented by a representative of his or her choice. Sec. 7. At the next regular meeting of the local following the conclusion of the trial, the trial body shall submit to the local in writing its findings of the facts, decisions, and recommendations. At that time the accused may make a statement on his or her behalf to the membership. The accused shall retire from the room when the vote of the membership is taken. The members of the local there assembled shall vote without debate solely on the question of whether to accept or reject the decision and recommendations of the board or the trial committee. The local by a majority vote of its members voting may fine, suspend, or expel the accused from its membership or suspend or remove the accused from any local offices which the accused may hold. No further trial shall be had on the same charges except for violation of the procedures described by the Constitution or of procedural due process, and then only if desired by a decision on appeal. Sec. 8. The accused and those who preferred the charges shall be notified by registered or certified mail of the decision of the local. The notice to the accused shall be mailed to the last known address and shall advise the accused of available appeal rights. Any adverse decision against the accused shall remain in effect pending final appeal. Sec. 9. Any officer or member fined, suspended, or expelled from membership or suspended or removed from office by a vote of his or her local may appeal such decision to the NEC, provided such appeal is filed in writing with the NST within 15 days after the officer or member is notified of the decision of the local. The NEC shall consider the appeal at its next regularly scheduled meeting or at a special meeting called for that purpose by the National President or two-thirds of the NEC. The NEC shall review the case and affirm or reverse the decision, reduce the penalty, or return the case to the local for a new trial before a different trial committee. If the decision of the NEC should affirm any adverse action taken against the appellant by the local, the appellant may further appeal to the next National Convention. Sec. 10. All provisions relating to the trial procedures and
appeals in local constitutions and bylaws must comply with the
Rules and Regulations of the Assistant Secretary of Labor for
Labor-Management Standards implementing Public Law 95-454, Standards
of Conduct for Labor Organizations. This Article supersedes any
provisions in local constitutions and bylaws which do not meet
the basic democratic procedures prescribed in this Article. Article XIX Section 1. Effective January 1, 1998, $1.00 is earmarked in the following manner: $0.38 toward affiliation, $0.35 toward inflation, and the remainder ($0.27) toward organizing. Effective January 1, 2002, $1.50 is dedicated in the following manner: $.15 to education, $.10 to media, $.08 to national building fund, $.08 to savings, $.11 to contingency, $.04 to special political education, $.10 to computers, $.30 to Membership and Organizing, $.03 to coordinators, $.15 to legislation, $.04 to Women's Department, $.12 to Fair Practices Department, and $.10 to AFGE's Defense Conference. Additionally, each bargaining council shall receive $.10 rebate for each of its dues-paying members from the foregoing increase. The revenues of the Federation shall be obtained as follows, effective January 1, 2001: (a) Regular Locals (b) Insured Locals (c) Exceptions (d) An amount equal to the regular per capita tax per member or the service fee, whichever is less, shall be paid by the local union for each person making service or similar payments to the local in lieu of dues under agency shop or similar provision. Sec. 2(a). Special assessments may be levied by order of the National Executive Council when in its judgment it becomes necessary to intensify and carry on the legislative or promotion work of the Federation, but in no circumstances shall such assessment exceed the sum of $.25 per member in one month nor shall there be more than four such assessments in any one year. Sec. 2(b). If an assessment is levied, it shall be in effect only until the next regular National Convention. Sec. 3(a). Dues of members of a Regular Local are payable before the end of each month, and a monthly Membership and Financial Report for each such local must be forwarded to the National Secretary-Treasurer not later than the 20th day of the following month, together with all money due as initiation fees, per capita tax, and other items owed by the local. Sec. 3(b). Dues of members of an Insured Local are payable in advance before the first of each month, and a monthly Membership and Financial Report must be forwarded to the NST not later than the first day of each month, together with all money due as initiation fees, per capita tax, and other items owed by the local. Sec. 4. A local failing to pay the monthly per capita tax, any assessment, or other indebtedness to the Federation by the due dates indicated in Section 3(a) above, shall be promptly notified by the NST of its arrearages, and if at the end of three months the local is still in arrears, it may be suspended from membership, and its members shall forfeit all rights, privileges, and benefits. Any local suspended for six months shall surrender its charter to the NST. Sec. 5. A suspended local may be reinstated to membership in the Federation upon payment of all arrearages. Sec. 6(a). The financial officer or officers responsible for the custody of funds of an affiliate, and the NST, or any other person who handles money will be bonded. Sec. 6(b). The affiliate must be bonded for at least ten percent of all the monies that are handled by the affiliate in the year. Sec. 6(c). The National President shall negotiate on behalf of all affiliates a blanket position bond in the amount of $5,000 to cover up to five people who handle the affiliate's funds for the protection of the affiliate. In the event that an affiliate needs, desires, or is required by the Labor-Management Reporting and Disclosure Act of 1959, as amended, to be bonded for additional amounts or for additional people who handle the affiliate's funds, it shall be incumbent upon the affiliate to bear the additional expense of such additional bond. Each affiliate will be responsible for payment of all charges for all bonding of the affiliate, including the initial $5,000 blanket position bond negotiated by the National President, and each affiliate shall own all bonding paid for by the affiliate. Sec. 6(d). In order for the bond to be effective, the affiliate must file within 90 days after the close of its fiscal year a copy of the AFGE form for the annual audit and a copy of the Department of Labor required form. Sec. 7. All books, records, and fiscal accounts of a local or
council shall be open at all times to the inspection of the national
officers or accredited representative of the NEC and any duly
authorized and accredited representative of the local or council. Article XX Section 1. The Federation is authorized to conduct a program
of health and life insurance. Article XXI Section 1. The national officers of the Federation shall designate and select the allotted number of members of AFGE to represent this Federation at the National Conventions of the AFL-CIO or such other conventions as may be designated, and the representatives shall attend all sessions of such convention, present such resolutions or proposals as are ordered to be presented by the National Convention of this Federation or the National Executive Council; and further, all delegates shall submit an official report of their activities. Sec. 2. In the event a dispute regarding jurisdiction arises
between AFGE and any other organization affiliated with the AFL-CIO
that cannot be settled by conference and negotiations between
representatives of the organizations involved, it shall be referred
to the Executive Council of the AFL-CIO for settlement, and said
Council's decision shall be final and binding to all parties of
the dispute. Article XXII Section 1. The policy of the Federation is to seek and foster other unions to merge with the Federation, where it is in the best interests in fostering the strength and goals of the Federation. Sec. 2. To effectuate this policy, the National Executive Council,
upon recommendation of the National President, shall have authority
to approve such mergers. In implementation of mergers, the National
President shall have the authority, with the approval of the NEC,
without regard to any other provision of this Constitution, to
create new officer positions with voting rights on the NEC and
new staff positions in the National Headquarters and in the field,
where the creation of such positions is necessary for consummation
of a merger. Article XXIII Section 1. This Constitution may be amended only by a two-thirds vote of the delegates present at any National Convention of AFGE. Sec. 2. Amendments must be submitted so as to reach the National Secretary-Treasurer not less than 60 days prior to the date of the National Convention, and printed in the first official newspaper or other publication going to the entire membership. Sec. 3. By a two-thirds vote of any National Convention, amendments
to the Constitution may be brought up on the floor of the National
Convention, even though they have not been submitted to the NST
60 days prior to the National Convention. Article XXIV Section 1. There is hereby reserved to all locals in good standing the power to petition or to initiate proposals, provided that copies of such petition or proposals are submitted to the National Secretary-Treasurer from locals representing at least ten percent of the membership of the Federation. When such requirements are fulfilled, the NST shall cause the petition or proposal to be published in the next issue of The Government Standard with an invitation for comments to be submitted within 60 days in favor of and in opposition to the petition or proposal. The comments shall be published in The Government Standard as received. At the end of the 60-day period, the NST shall provide for the taking of a vote on the petition or proposal in the manner and form set forth in Section 2 of this Article. No proposition under this Section shall be declared adopted unless a majority of the membership in good standing votes in favor thereof. Sec. 2. The voting upon any proposition arising under this Article
shall be conducted by the NST upon tally sheets and ballots transmitted
by the NST to the locals. A vote shall be taken by the locals
after notice to the membership at a regular meeting. The NEC shall
appoint three tellers, all of whom shall receive, check, certify,
and announce the result of the voting conducted by the locals.
The tellers shall report the results of said vote to the NST,
who shall cause it to be published in the next issue of The Government
Standard. The action shall become effective immediately upon adoption
unless otherwise provided for. AFGE Rules of Conduct for an Election
Section 1. general provisions Sec. 1(a). The rules within this Appendix shall govern matters arising in connection with the conduct of elections to the following AFGE offices: (1) All local officers which are designated by the local's constitution; Sec. 1(b). These rules herein are integral provisions of the AFGE National Constitution. In the event another provision of the AFGE National Constitution concerns a matter addressed by these rules, to the extent the other provision is inconsistent, these rules shall control. If a provision within the constitution or bylaws of the AFGE entity conducting the election concerns a matter also addressed by these rules, to the extent that provision is inconsistent, these rules shall control. Sec. 1(c). Officers shall be elected by secret ballot. Sec. 1(d). Write-in candidates or write-in votes are prohibited and may not be counted as valid votes. Sec. 1(e). To be qualified as an officer or candidate for office, an individual must meet the following qualifications: (1) Be a member in good standing; Sec. 2. election committees Sec. 2(a). An Election Committee shall be constituted to conduct each election. The Committee shall consist of not less than three members, and if a larger Committee is required, it shall contain an odd number of members. Its members shall be selected, and it shall meet a reasonable time before the commencement of the nomination procedure. Sec. 2(b). No member of the Committee may be an incumbent of or candidate for the office for which the election is being conducted. Sec. 3. notice of nomination and election meetings Sec. 3(a). Members must be given a reasonable opportunity to nominate and elect candidates. (1) Nominations and elections may be conducted either separately
or combined at a meeting called for such purpose or by mail as
may be prescribed in the constitution or bylaws of the AFGE local
conducting the election. Where nominations are conducted at a
meeting called for that purpose, provisions should be made for
the making and acceptance of nominations by alternative means
for members who are absent unavoidably from the meeting. Where
an election is to be conducted at a meeting, provisions should
be made to both reasonably accommodate the work or shift assignments
of members and to allow for absentee ballots. Sec. 3(b). If any AFGE publication is to be used to provide notice for nominations or elections, such notice must be printed in a conspicuous place on the first page of the publication. If notice of the election is to be provided through the publication, it must be mailed to the members at least 15 days prior to the date of the election or, if the election is by mail ballot, the date on which the ballots must be returned. Sec. 3(c). A quorum is not required for nominations and/or elections. Sec. 4. campaign rules Sec. 4(a). All candidates for office must be treated equally with respect to the availability of lists of members and mailing of campaign literature. Upon request of a candidate, the AFGE local conducting the election shall comply with all reasonable and timely requests of the candidate to distribute to its members at the candidate's expense, by mail or otherwise, campaign literature in aid of his or her candidacy, provided the same opportunity is provided to all candidates. Sec. 4(b). No monetary or other resources of AFGE or any employer shall be contributed or applied to promote the candidacy of any candidate in an election. Resources include, but are not restricted to, dues monies and assessments, publications, facilities, office equipment, stationery, or other supplies. While the preceding restrictions apply to use of AFGE resources to promote the candidacy of any candidate, such resources may be used for such things as notices, factual statements of issues not involving the candidates, and other expenses necessary to conduct an election. Sec. 5. election procedures Sec. 5(a). The election shall be conducted by one of the following methods, as prescribed by the constitution of the local conducting the election: manual ballot or mail ballot. Sec. 5(b). The treasurer or secretary-treasurer shall furnish to the Election Committee the names and addresses of all members and an indication as to whether or not they are members in good standing. The Election Co |
