AFGE LOCAL CONSTITUTION
ARTICLE I
Name
Section 1.
This Local Union shall be known as the American Federation of Government
Employees, Local No. 644, AFL‑CIO, as set forth in its charter. See National
Constitution, Article XIV Section 1.
Section 2.
The headquarters and mailing address of this local ‑shall be prescribed in
the local's bylaws.
ARTICLE II
Objectives and Methods
Section 1.
This local does not advocate the overthrow of the constitutional form of
government in the
Section 2.
In the event any
member(s) of the local is employed within a unit represented by an AFGE
national bargaining council, the local shall affiliate with the national
council(s). See National Constitution, Article XVI. The local shall pay dues
and/or per capita to the national council for those members of the local
employed within the unit represented by the council, as may be prescribed by
the constitution of the council. See National Constitution, Article XVI,
Section 1.
Section 3.
This local is a separate, independent organization functioning in
conformance with AFGE's National Constitution.
Neither the local nor its officers, employees, members, or other person, has
the authority to act, nor shall it be deemed to act, on behalf of, or as
agent for, the Federation or any of its other affiliates, unless such
authority, as applicable, is expressly granted by the Federation, by written
authorization of the National President, or by an affiliate, by written
authorization in accordance with its governing procedures.
ARTICLE III
Membership
All persons eligible for AFGE
membership, as prescribed by Article III of the National Constitution and
who come within the local's jurisdiction, as defined by its charter, shall
be eligible for membership in this local.
ARTICLE IV
Dues and Initiation Fees
Section 1.
Dues shall be established and adjusted, as may be necessary, to ensure that
they allow adequate funds for the payment of per capita tax and sufficient
funds for the operating expenses of the local. See National Constitution,
Article XIV Section 7(a)7 and 7(b)7. Any change in the dues structure shall
be accomplished by:
(a) majority vote by secret ballot
of the members in good standing voting at a general or special membership
meeting after reasonable notice of the intention to vote upon such question;
or
(b) by majority vote of the members
in good standing voting in a membership referendum conducted by secret
ballot.
Section 2.
(a) The local shall
establish in its bylaws the amount of its initiation fee and the amount of
its membership dues. See National Constitution, Article XIV, Section 7(a)5
and 7(b)5; see also Article III, Section 5. Dues may be paid by payroll
deduction or by advance payment for such intervals as prescribed by the
local: quarterly, semiannually, or annually. If payroll deduction is
available, a local may adopt a bylaw requiring payment of dues by this
method. The local may establish a separate dues rate for retired members.
(b)
Members may be dropped if dues are not paid by Tuesday of the last full
workweek of the month, provided, however, that a reasonable amount of time
after notice of delinquency is given.
(c)
Local representatives, collectors and shop stewards shall make remittance of
all dues and initiation fees collected to the treasurer within 10 days and
no later than the Tuesday of the last full workweek of the month.
ARTICLE V
Financial Records and Reporting
Section 1.
All receipts, checks and cash disbursements shall be properly recorded and
accounted for in the financial records.
Section 2.
The Treasurer shall sign and the President shall countersign checks covering
proper expenditures for the local. In the absence of either the Treasurer or
the President, such other officer, as prescribed by the local's bylaws may
sign in place of the absent officer.
Section 3.
The officers, agents,
shop stewards or other representatives or employees of this local who handle
funds or property thereof shall be bonded in accordance with law and
applicable regulations. See National Constitution, Article XIX, Section 6
and 6(d).
Section 4.
In order for the bond to be effective, the local shall file with the
National Secretary‑Treasurer a copy of its annual audit in the format
prescribed by Article XIX Section 6(d) of the National Constitution.
Section 5.
All books, records and
financial accounts shall at all times be open to the inspection of the
National Officers or accredited representative of the National Executive
Council and any duly authorized and accredited representative of the local.
See National Constitution, Article XIX, Section 7.
ARTICLE VI
Elected Officers
Section 1. (a)
The general officers shall be elected by the total membership and shall
constitute the Executive Board of this local and shall consist of the
President, Treasurer, and Secretary, and such others as the local's bylaws
may prescribe. The local may adopt a bylaw combining the offices of
Treasurer and Secretary.
(b)
The local may establish bylaws which provide for the election of officers
who are elected solely by members of a particular unit or work area; and may
provide that these officers will serve on the Executive Board.
Section 2.
It shall be the duty and obligation of all local officers and all other
official representatives of the local, whether elected or appointed, to
support, advance, and carry out all provisions of the AFGE National
Constitution, the local constitution and bylaws, official policies of the
Federation, and, to the extent not inconsistent with the foregoing, all
official policies of the local. See National Constitution, Article XVIII
Section 2(b).
Section 3.
The president shall be the executive officer of this local. He/she shall
exercise general supervision over the affairs of the local and see that
other officers comply with the responsibilities of their office and
constitutional duties; comply with the National and Local Constitutions;
keep the membership apprised of the goals and objectives of the Federation;
serve as an ex‑officio member of all committees; automatically serve, by
virtue of office, as a local delegate to District Caucuses, council
meetings, the National Convention, and such other meetings participated in
by this local as the local may be entitled; preside at all local meetings;
and sign all documents pertaining to the office. If the president is unable
to perform his/her regular duties, either because of sickness, leave, TDY or
for some other legitimate reason, he/she shall delegate the responsibilities
of that office to the officer designated in the local's bylaws, as provided
for in Section 4 of this Article.
Section 4.
The local shall prescribe in its bylaws that the Treasurer or Secretary (or
such other officer, as the local may establish) shall assist the president
in performing the duties of that office. If the president is absent from a
local meeting, the officer so designated will preside. In the absence of
the. president and the officer so designated to assist him or her, a chair
will be chosen by the members from among those in attendance.
Section 5.
The duties of the treasurer
shall be to maintain a bookkeeping system as prescribed by the National
Secretary‑Treasurer; make a financial report at each regular meeting; to
keep an up‑to‑date roll of the members; to receive all monies and/or dues
paid into the local and receipt thereof; to keep records of all
transactions; to deposit money in the bank to the credit of the local; to
make regular monthly reports to the National Secretary‑Treasurer, which
includes furnishing names and addresses of all new members or members who
have severed their affiliations with the local and furnishing notification
of changes in members' addresses; to forward initiation fees and per capita
tax to the National Headquarters in accordance with the requirements of the
National Constitution (for regular locals dues are payable before the end of
each month and all monies owed the Federation must be forwarded to the
National Secretary‑Treasurer not later than the 20th day of the following
month, see National Constitution, Article XIX, Section 3 (a); for death
benefit locals dues are payable in advance to the National
Secretary‑Treasurer before the first day of each month, see National
Constitution, Article XIX, Section 3(b); and to perform additional duties
and responsibilities as outlined in the AFGE Financial Officers Manual.
Disbursements for payment of current bills (other than initiation fees, per
capita tax and approved budgeted expenditures) shall be approved by the
local.
Section 6.
The duties of the secretary shall be to keep a complete record of the
minutes of all meetings; maintain all election related documents (including
copies of those pertaining to nominations, notices of meetings and the
minutes of any meetings, all of which must be sealed and preserved for one
year after the election), see National Constitution, Appendix A, Part 1,
Section 5.1; to keep up‑to‑date the official copy of the bylaws of the
local; to conduct correspondence when directed by the president; and to send
out notices of meetings when required.
Section 7.
No officer or agent of the local shall engage in any business or financial
activities with, or on behalf of, this local, which conflict with his/her
fiduciary obligation to the local.
ARTICLE VII
Election Procedures
Section
1. The local's elections shall be
conducted in accordance with the AFGE National Constitution and Appendix A
thereof. Officers shall be elected, for such terms as prescribed by the
local's bylaws. No term shall exceed three years.
Section 2 .
(a) In accordance
with Appendix A, Part 1, Section I.E. of the National Constitution, the
sole qualifications for candidacy to local office are that a member must
have been:
‑
a member of an AFGE local for at least one year, immediately
preceding the closing of the nomination process;
‑
be a member in good standing; and
‑
must not be a member in any labor organization not affiliated with
the AFL‑CIO.
See National Constitution, Appendix
A, Part I, Section I.E.
(b)
No person who is identified with corrupt influences or who is affiliated
with the Communist party or other totalitarian movements may serve as an
officer of the local.
Section 3.
The local shall prescribe in its bylaws the manner by which its elections
will be conducted: manual ballot or mail ballot.
Section 4.
In the case of a vacancy in the office of president, such officer as may be
prescribed by the local's bylaws shall fill the office for the unexpired
term. Vacancies in any other office, unless otherwise prescribed by the
local's bylaws, shall be filled for the unexpired term by appointment by the
Executive Board.
ARTICLE VIII
Executive Board and Committees
Section 1.
The
Executive Board shall meet at the call of the President.
Section 2.
It shall be the duty of the Executive Board to devise and initiate such
actions as may be necessary in the interim between the local's meetings, but
such actions shall not be inconsistent with the objectives of the Federation
and shall be subject to local approval.
Section 3.
The Executive Board shall prepare an annual budget, subject to the
membership's approval, which shall ensure, at a minimum, that the local's
revenues are sufficient to meet its financial obligations.
Section 4.
Standing and special committees may be established in the manner prescribed
by a local's bylaws.
ARTICLE IX
Delegates
Section 1.
Delegates, alternate delegates and proxy delegates to the District Caucus,
National Convention, and AFGE council meetings must be elected by name and
in accordance with applicable provisions of the AFGE National Constitution.
See National Constitution, Article VI, Article VI, and Appendix A, Part 1,
Section 6.
Section 2.
The local's president, if elected to that office, shall serve as a delegate
to the District Caucus, National Convention, council meetings, and such
other meetings at which the local is entitled to representation. If the
local is entitled to additional delegates, as prescribed by Article VI of
the AFGE National Constitution, the additional delegates shall be elected by
an election called for that purpose, unless the local's bylaws prescribe
that the local's other officers shall serve as delegates by virtue of their
office.
ARTICLE X
Offenses, Trials, Penalties,
Appeals
All offenses, trials, penalties and
appeals shall be accomplished in accordance with the AFGE National
Constitution. See National Constitution, Article XIV, Section 11; Article
XVIII.
ARTICLE XI
Bylaws
Section 1.
The local shall establish bylaws, establishing among other things, the
frequency and location of regular meetings, provisions for calling special
meetings, establishing a regular order of business, provisions for a quorum,
the date, manner and location of nominations and elections, and other
operating procedures of the local.
Section 2.
No bylaw shall conflict with the provisions of the AFGE National
Constitution, this constitution, or, if applicable, the constitution of a
national bargaining council.
Section 3.
Bylaws shall be adopted and amended only after 30 day notice to the local's
membership and by two‑thirds vote of members present and voting.
Section 4.
Copies of this constitution and the local's bylaws shall be available upon
request to the Secretary to all members in good standing of the local.
LOCAL 644 BYLAWS
Section 1.
The headquarters of the local shall be the residence of the Local 644
President.
Section 2 . (a)
Regular meetings of the local shall be held once per year during the week of
the annual Stewards' training at the location of that training.
Section 3.
Special meetings may be called by the president, two‑thirds vote of the
Executive Board, or upon written petition of at least 10% of the membership.
Five (5) days written notice of the specific purpose of the meeting must be
given to the membership. No business other than that specified in the notice
will be discussed.
Section 4.
Only members of the local in good standing shall be allowed to vote.
Section 5.
The regular order of business will be:
(a)
Roll call of officers
(b)
Reading of the minutes of the previous meeting
(c)
Report of financial condition by Local Treasurer
(d)
Report of committees
(e)
Unfinished business
(f)
New business
(g)
Comments for the good of the local
(h)
Adjournment.
Section 6.
A quorum of this local shall consist of not less than four (4) members. A
quorum of any committee shall consist of a majority of the members thereof.
Section 7.
All questions before the local will be decided by vote of the members
present first by voice vote, then by a showing of hands, and then by roll
call, if requested by 25% of the members present.
Section 8.
The time allowed for debate of any particular issue before the local and the
time allowed for speeches will be governed by the circumstances and by
majority vote of those present. The time allowed for debate may be extended
by a majority of those present and voting.
Section 9.
The General officers of this Local who comprise the Executive Board are as
follows:
President
Executive Vice President
Treasurer
Recording Secretary
Agency Vice Presidents
Section 10. In any agency that has four (4) or more Stewards (i.e. ESA, MSHA, OSHA) that agency shall have an elected Vice President for that agency, and that Vice President shall be a member of that Agency and elected by members solely of that Agency. BAT shall have an elected Vice President regardless of the number of Stewards, and that Vice President shall be a member of BAT and elected by members solely of BAT. In MSHA there will be two Vice Presidents, one for Coal and the Technical Centers and one for Metal/NonMetal*
Section 11.
The duties of the Agency
Vice President(s) shall consist of handling the day to day questions of
members and Stewards of the Agency, and providing advice and counsel to
members and Stewards of the Agency relative to representational matters.
Section 12.
The duties of the Executive Vice President shall be to assist the President
in the performance of the duties of that office. The Executive Vice
President if elected to that office shall serve as delegate to the National
Convention, district caucus, council meetings, and such other meetings at
which the local is entitled to representation. If the President is unable to
perform his or her regular duties, either because of sickness, leave, TDY,
or for some other legitimate reason, he/she shall delegate his/her
responsibilities to the Executive Vice President. This delegation shall be
in writing and must be communicated to the Executive Board and the
membership. The delegation shall cease at the will of the President. See
Local Constitution Article VI, Sections 3, 4.
Section 13.
In the case of a vacancy in the office of President, the Executive Vice
President shall fill the office for the unexpired term, and a special
election shall be held to fill the office of Executive Vice President.
Vacancies in any other office shall be filled for the unexpired term by
appointment by the Executive Board. At the election of the Executive Board,
vacancies in offices other than the Executive Vice President, may be filled
by a special election rather than by appointment. The length of the
unexpired term of the vacancy and costs of the special election will be
taken into consideration in determining the filling of the vacancy by
appointment or special election. Special elections will be conducted by mail
ballot. See Local Constitution, Article VII, Section 4.
Section 14.
Nomination of officers
shall be held in October; elections shall be held, by mail ballot, in
December; and officers shall take office on January 1, of the succeeding
year; after proper notice to local members. (These functions may be combined
if the local so desires). See National Constitution, Appendix A, Part 1,
Section 3. Candidates shall not run for more than one elected office;
however, the running as a delegate shall not be in conflict with an elected
officer position. A runoff election, if necessary, shall be held.
Section 15.
All officers will be
administered the "Officers Obligation" contained in the AFGE National
Constitution upon their installation in office. Officers shall serve for
three (3) year terms beginning January 1, 1990, with elections held the
preceding December, beginning December 1989. (Note: Terms shall not exceed
three years from installation.)
Section
16.
An Election Committee consisting of
three (3) members shall be nominated and elected by majority vote of local
members at the same time elections are held for the Local's officers. The
same procedures shall be followed as specified in the Bylaws, Section 14.
See National Constitution, Appendix A, Part 1, Section 2.
Section 17.
The current edition of "Robert's Rules of Order" shall govern the
proceedings of all meetings of the local, when not inconsistent with the
provisions of the standard local constitution, the AFGE National
Constitution, or these bylaws.
Section 18.
The local's delegates to
the National Convention, District Caucus, and national council meetings,
after proper notice to the local's members, see National Constitution,
Appendix A, Part I, Section 3, shall be elected by mail ballot, excepting
the local's President and Executive Vice‑President, who if elected to those
offices serve by virtue of office. At that or a subsequent meeting, the
local shall vote upon the authorization of funds for the delegates'
attendance at the National Convention, caucus, or council meetings. See
National Constitution, Appendix A, Section 6.D. Members of Local 644 voted
to fund only two (2) delegates, effective January 1996.
Section 19.
Expenditures by the Executive Board in excess of $250 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. See Local
Constitution, Article VIII, Section 3. 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 of the local.
Section 20.
All checks covering proper expenditures of the local shall require two (2)
signatures. The Treasurer, President, and Executive Vice‑President have
authorized signature authority.
Section 21.
Such committees as may be established by the local, shall be comprised of
members "appointed by the President subject to the approval of the Executive
Board" (except for the Election Committee, see Section 16 of these bylaws),
or elected by the local's members. Standing committees shall be: Audit
committee, Policy committee, Legislative committee, and Membership
committee.
Section 22
The initiation fee for members shall be $2.00 See National Constitution,
Article XIV. Section 7(a)5 and 7(b)5.
Section 23.
The dues shall be $8.50 per pay period per active member, effective January
1996. Any increase in AFGE per capita will automatically result in an
increase in the Local's dues,
calculated as a $1.50 increase in the Local's dues for each
$1.00 increase in the AFGE
per capita. Any increase in the NCFLL per capita will automatically
result in an increase in the Local's dues, calculated as $1.00 increase in
the Local's dues for each $1 .00 increase in the NCFLL per capita This is an
automatic pass through dues structure
which was voted on and approved by mail ballot in December 1991, and
became effective January 1, 1992. The dues for
retired members shall be $2.00 per month per member and, shall not be
affected by increases in the AFGE and NCFLL per capita. Any other increases
in the Local's dues will have to be brought before the membership and
voted on at a special election or it a regular Local election.
Section 24.
This Local prefers to use the Payroll deduction plan to the greatest extent
possible for dues collection in accordance with applicable agreements with
the U.S. Department of Labor. It shall be the responsibility of the member
to forward the dues to the Treasurer if she/she can not use the payroll
deduction plan.
Section 25.
The Local will comply with the campaign rules met forth in the AFGE
National Constitution, Appendix A, Put 1, Section 4.
PRESIDENT:
/s/
SECRETARY or SECRETARY/TREASURER:
/s/ Helen Williams
* Adopted by membership in General Election November 2001 and filled by Special Election February 2002.