AFGE Constitution

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.

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Article I

Name and Headquarters

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.

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Article II

Objects and Methods

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.

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Article III

Membership

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 to continue 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. Any member separated by an agency and unsuccessfully represented by the Union is eligible to retain membership if otherwise eligible for retirement.

Sec. 1(e). Special Retiree Affiliation. Any retired person who either:

(1) At the time of being retired from governmental employment covered by subsection (b) was not a member of good standing of any local, or

(2) Has dropped membership in the Federation subsequent to retirement from employment covered by subsection (b),

is eligible for special retiree affiliation in the at-large or recruiting local, except where a local wishes to affiliate its own retiree affiliate members, with all rights, except any representational rights, insured local benefits, voting, candidacy for office, and participation and representation in direct or indirect elections under Appendix A, subject to receipt by the National Secretary-Treasurer of the special retiree affiliation rate of $50.00 per annum, effective September 1, 2006. The national affiliation fee for special retiree affiliation shall increase by the exact amount required to cover any increase in the affiliation fees for the AFL-CIO retiree program, and by the same percentage and on the same date as cost-of-living adjustments to federal annuities.

Sec. 1(f) Special Military Affiliation of DOD Activation: Any person who is drafted, appointed, enlisted and/or placed on orders by Presidential Executive Orders, DOD Directive or Implementing Issuance via Title 10 or Title 32 for the purpose of, but not limited to: national security, war on drugs, anti-terrorist, or national disaster will be considered a member in good standing while performing such duties. These individuals will be per-capita dues exempt from their local’s national billing for the whole term of their commitment. At the time of being placed on orders, an individual’s tenure or time in service to the local will continue and the individual will be considered as a member in good standing until the time of the return.

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 been continually 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.

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Article IV

Affiliations

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.

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Article V

Governing Body

Section 1. The laws and policies of this Federation shall be adopted and promulgated in AFGE 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), National Vice President for Women and Fair Practices, 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;

3rd District--Delaware and Pennsylvania;

4th District--Maryland, North Carolina, Virginia and West Virginia;

5th District--Alabama, Bermuda, Florida, Georgia, Puerto Rico, South Carolina, Tennessee and Virgin Islands;

6th District--Indiana, Kentucky and Ohio;

7th District--Illinois, Michigan and Wisconsin;

8th District--Iowa, Minnesota, Nebraska, North Dakota and South Dakota;

9th District--Arkansas, Kansas, Missouri and Oklahoma;

10th District--Louisiana, Mississippi, New Mexico, Panama and Texas;

11th District--Alaska, Colorado, Guam, Idaho, Montana, Okinawa, Oregon, Utah, Washington and Wyoming;

12th District--Arizona, California, Hawaii and Nevada;

14th District--District of Columbia, Europe, Montgomery and Prince George's Counties in Maryland, Arlington and Fairfax Counties and the cities of Alexandria, Fairfax, and Falls Church in Virginia.

Sec. 4(a). The 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.

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Article VI

Delegates

Section 1. Representation in the AFGE 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. No local will be eligible to vote in district caucus, council conventions, or National Conventions or any council, district, or national matters unless per capita tax is paid in full 60 days prior to convening. 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 fund fewer than their quota of delegates to National Conventions, but the delegates present whether funded or unfunded 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 30 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 of the respective councils.

Sec. 12. The National President, National Secretary-Treasurer, National Vice President for Women and Fair Practices, National Vice Presidents, National Women's Advisory Coordinators, and National Fair Practices Affirmative Action Coordinators 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.

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Article VII

Officers

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 also has 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 National Vice President for Women and Fair Practices, 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 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 thereby automatically shall 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

(b) National Secretary-Treasurer GS-15

(d) National Vice Presidents GS-14

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 1990 (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.

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Article VIII

Election of Officers

Section 1. The National President, the National Secretary-Treasurer, and the National Vice President for Women and Fair Practices 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 Coordinators are to be nominated and elected at a district caucus to be held within each respective district subsequent to April 30 and prior to June 1 of every third year beginning in 1990.

Sec. 2(b). The method of electing an NVP and Coordinators 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 April 30 and prior to June 1 of any election year, the incumbent NVP in each district will hold a district caucus of representatives of all locals in good standing for the purpose of electing an NVP and Coordinators 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;

(2) One set of the names and mailing addresses of the presidents and treasurers of each local in the district. Additional sets will be supplied to each candidate upon written request to the NST. The cost of these additional sets will be charged the candidate at the actual cost to the Federation;

(3) The names, addresses, and local affiliations of each delegate elected to the district caucus; and

(4) The lists of the locals and voting strengths as computed by the NST.

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.

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Article IX

Duties of the National President

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;

(b) Development of training plans and procedures for organizers;

(d) Development of organizational material;

(e) Recommending the appointment of special organizers to carry on the function of the office of the Director of Organization;

(f) Coordinating with NVPs on organizational drives in their respective districts; and

(g) Other administrative duties as assigned by the National President.

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 for safeguard and protection shall 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:

(i) There has been a drastic reduction in force or a temporary or permanent closing of an installation or subsection thereof affecting most members of the affiliate;

(ii) The number of members in the affiliate is small or widely distributed geographically or is unstable because of irregularities of employment in the bargaining units;

(iii) There has been an unexpected loss of leadership;

(iv) A newly established affiliate is in need of assistance because of inadequate treasuries, inexperienced officers, or difficulties encountered in getting organized;

(2) There is a failure of an affiliate's officers to properly manage the affiliate's affairs, resulting in financial mismanagement, such as insolvency or failure to meet its financial obligations, including payment of per capita tax;

(3) There is administrative mismanagement by the affiliate's officers including, but not limited to, a failure by them to carry out the policies of the Federation and/or the adoption of a constitution and bylaws at variance with those required by the Federation;

(4) There is actual or threatened secession of the affiliate from the Federation.

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;

(2) The Federation should then review the documentation created during the period for resolution and provide a copy to the NEC;

(3) After the review the disputed local should be notified within 120 days of the proposed notice to place a local in trusteeship and the reason why;

(4) That the Federation allow the local a response period after notification (no more than 30 work days) to state why it should not be placed in trusteeship;

(5) The Federation should then send a decision letter either sustaining or revoking a proposed notice of trusteeship;

(6) This proposed notice should first be served upon the Executive Board by certified mail.

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 borne 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 normally shall 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 90 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 15 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(b)(4). Expedited Trusteeship Process: In situations where there is: (1) a violation of law established by preponderant evidence gathered by AFGE or by local, state, or federal officials; (2) secession from AFGE; or (3) confirmed loss of leadership, the following shall apply:

Sec. 5(b)(5). The National President shall remove incumbent officers and give notice of the imposition of trusteeship to the membership of the local or the constituent locals of the council within five days, providing the time, date, and place of the trusteeship hearing. The National President shall appoint a three member trusteeship hearing panel. The hearing shall take place within 60 days in the vicinity of the local or council headquarters, with the exception of trusteeships imposed for chronic (three months) per capita tax delinquency which will be held in the National Office. Any affected member may appear at the hearing in person or by electronic means, and the hearing panel will receive testimony and documentary evidence from those attending or their representatives.

Sec. 5(b)(6). The hearing panel shall issue its decision within 30 days of the close of the hearing to ratify or rescind the trusteeship, and the National President shall notify the membership of the local or the constituent locals of the council. Any affected member may file an appeal within 15 days of notification to the National Secretary-Treasurer for appeal to the next AFGE National Convention.

Sec. 5(b)(7). The trusteeship shall end within 12 months.

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 XXIV. 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 suspend immediately 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 XXIII, 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 also shall 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 XXIII. 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 national bargaining 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 XXI, 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 composed of at least three members or employees of the Federation appointed by the National President, or by an arbitrator selected by the National President. Such trials shall be conducted speedily but with reasonable time for the accused to prepare his or her defense. The procedures described in Article XXIII, Sections 4, 5 and 6 governing the conduct of hearings by local trial bodies shall be followed by the trial committee or arbitrator to assure the accused a full and fair hearing in accordance with the basic requisites of due process. The trial committee or arbitrator 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 XXIII, Section 9, after decision by the trial committee or arbitrator.

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 individual 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 XXIII, 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 XXI, 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 XXIII govern the trial before such trial committee. The findings and recommendations and decision of such trial committee or arbitrator 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 trial committee or arbitrator, 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 XXIII.

Sec. 6. The National President shall 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;

(b) To represent members of the recognized bargaining unit on all subjects, matters, and issues embraced by said agreements; and

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 then shall be filled by a majority vote of the National Executive Council.

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Article X

Duties of the National Secretary-Treasurer

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. The NST or designee shall be the point of contact for all AFGE affiliated organizations, including councils and districts, in order that such parties may have access to the National Headquarters Building Board Room for union purposes on the basis of actual availability.

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Article XI

Duties of the National Vice President for Women and Fair Practices

Section 1. The National Vice President for Women and Fair Practices shall:

(a) Develop, and exercise general supervision over, the affairs of the Women's Department and Fair Practices Department;

(b) Coordinate with National Vice Presidents on the activities of district National Women’s Advisory Coordinators and National Fair Practices Affirmative Action Coordinators;

(c) Report to the National Executive Council on the affairs of the two Departments and on the activities of the District Coordinators;

(d) Consult with the General Counsel on all administrative legal actions involving discrimination initiated by the Department and on requests for initiation of court action;

(e) The National Vice President for Women and Fair Practices shall preside over meetings of the National Executive Council when the National President or National Secretary-Treasurer is not present;

(f) The National Vice President for Women and Fair Practices will preside over meetings of the National Human Rights Committee; and

(g) Administer the conflict resolution program.

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Article XII

Duties of the National Vice President

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). NVPs 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;

(2) To follow the democratic process in all official AFGE functions conducted in the district served;

(3) To provide assistance when requested in writing from locals when processing bargaining unit employees' complaints against agency management;

(4) To refrain from any local or council interaction that could be considered a conflict of interest or not in the best interest of all locals or councils in the district served or contrary to Public Law 95-454, Civil Service Reform Act, and Department of Labor regulations;

(5) To follow the mandates of the National Convention and locals and councils in the district served;

(6) To be financially accountable by providing on at least a quarterly basis to all locals, bargaining councils, and DEFCON in the district served a report of all monies, and by providing to locals and councils in the district served for all monies allocated for district functions and Political Action Committee (PAC) monies donated and Legislative Action Fund (LAF) monies; and

(7) To issue to all local and council presidents in the district at least a quarterly report of expenditures showing the funds spent on each local and council served, and a pre-caucus audit report showing expenditures to all district locals and councils served.

Each council that has local constituencies in the district regardless of where the council officers reside shall receive these reports.

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.

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Article XIII

National Executive Council

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. SEQ CHAPTER \h \r 1When previously unrepresented units are organized, if they become part of a national exclusive bargaining unit, the applicable council president will determine the local jurisdiction.

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 may have charges filed against him or her for violations of Article XXIII. 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.

Sec. 7(a). Charges filed against a national officer of AFGE must be filed in writing with the National President and a copy thereof served by registered mail or personal service upon the officer charged. Delivery of the copy by mail to the official address of the officer involved shall constitute valid service. Charges may be filed solely by a member of AFGE in good standing and for good and sufficient cause, and shall relate solely to acts or omissions required or taken by such officer as an official of AFGE.

Sec. 7(b). The committee of investigation shall be appointed by the National President and shall consist of three members in good standing. The chairman of the committee shall be a national officer and shall be the sole national officer on the committee. The committee of investigation shall investigate the charges by initially interviewing orally or in writing each complainant, the officer charged, and such other persons as it deems necessary to determine if good and sufficient grounds exist for the charge and whether or not material facts concerning the charge are in dispute. The written charges, related papers and correspondence, and all statements, documents, recordings, and reports containing evidence or information obtained in the course of the investigation shall constitute the investigative file.

If the committee of investigation determines that:

(1) Good and sufficient grounds for a charge do not exist, it shall refer the charge to the NEC with a recommendation that it be dismissed;

(2) Good and sufficient grounds for a charge exist, but that no material facts are in dispute, it shall refer the charge to the NEC for decision on the basis of the investigative file; and

(3) There are material facts in dispute, it shall refer the charge to a trial committee.

Sec. 7(c). The trial committee shall consist of three national officers. The National President shall select one member, the officer who is the subject of the charges shall select one, and those members shall select a third member who shall be the chairman of the trial committee.

The trial committee shall have full authority to conduct a fair and thorough trial of the charges, hold hearings, take testimony under oath, receive documents, affidavits, and records as exhibits, take depositions, and issue interrogatories, and do all things necessary to ascertain the truth, make a verbatim transcript of testimony, establish a record of all relevant and material evidence, and provide a written report and recommendation on each charge as to whether it is sustained or not sustained and the appropriate discipline, if any, to the NEC.

The trial committee shall complete its proceedings and issue its final report and recommendation within 90 days of the referral of the charge to it, unless for good cause, the NEC grants an extension of time. No such extension of time shall be granted for more than 30 days.

Sec. 7(d). Each member of the NEC shall have a copy of the complete record available to it as well as the trial committee report and recommendation for at least ten days prior to voting upon the final decision. Voting may be by mail ballot or at a duly constituted meeting of the NEC. The national officer under charges shall abstain from voting as a member of the NEC. It shall take a two-thirds vote of the remaining members of the NEC to sustain a charge and to impose discipline. The NEC shall take separate votes on each charge, and on the discipline, if any, appropriate to each charge which is sustained.

Where the NEC upholds, in whole or in part, any decision which results in a penalty imposed upon an individual, that individual may appeal to the next National Convention of AFGE under Article XXIII, Section 9, of the AFGE Constitution, provided, however, that the appeal is filed in writing, by certified or registered mail, with the National Secretary-Treasurer within 30 days of receipt of the notice of the decision of 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;

(2) The disposition of each item on the agenda;

(3) The manner in which each member of the NEC voted; and

(4) As to any item on the agenda which was tabled, the report shall set forth the reason for the tabling of the item, the names of the members of the NEC who moved and seconded the motion for the tabling of the item, and the manner in which each member of the NEC voted on the motion. If any member opposed the tabling, such member shall be given the opportunity of stating his or her reason for opposing the tabling of the item.

Sec. 12(c). NEC meetings normally should be held at the AFGE National Headquarters, Washington, D.C., except during the AFGE National 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. Whenever a majority of the NEC gathers in the same location to address business of the Federation, such gathering will be considered a meeting pursuant to this Section. All NEC committee meetings also will be considered meetings pursuant to this Section, with the exception of the Legal Rights Committee when dealing with individual legal rights matters. Members may participate in the debate of issues and motions before the NEC. Any member attending the NEC meeting should be allowed up to three minutes to express comments for the good of the Federation.

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Article XIV

Duties of the National Human Rights Committee

Section 1. The National Human Rights Committee (NHRC) is comprised of the National Vice President for Women and Fair Practices and the 24 elected district officers called the National Fair Practices Affirmative Action Coordinators (FPAAC) and the National Women’s Advisory Coordinators (NWAC). The purpose of the NHRC is to study and recommend legal, legislative, and administrative proposals relating to improving working conditions, with a focus on eliminating employment discrimination in the Government. These proposals may be presented to the National Executive Committee (NEC) through the National Vice President for Women and Fair Practices. The topics of these proposals include but are not limited to eliminating discrimination based on race, color, age, sex, religion, national origin, disability/handicap, genders, political affiliation, personal appearance, family responsibility, and sexual preference or sexual orientation as they relate to the quality of life for AFGE members, their families, and their committees.

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Article XV

Duties of the National Fair Practices Affirmative Action Coordinators

Section 1. These Coordinators may advise, assist and/or represent members on EEO issues, monitor trends in EEO laws and regulations and may recommend a human rights, civil rights, and worker’s rights national action plan for AFGE. They also provide and assist in training on EEO issues throughout the district they represent. These Coordinators are elected at a district caucus every three years. They recruit and develop Local Coordinators in their respective districts and will:

(a) Mobilize AFGE members around civil, human, and worker’s rights in their district. They are charged to work closely with the National Women’s Advisory Coordinators (NWAC) and National Vice President (NVP) to help raise the profile of civil and human rights and strengthen the worker’s rights agenda in their respective districts;

(b) Submit quarterly status report on district activities to be reported to the AFGE National Executive Council;

(d) Serve as the catalyst to disseminate information affecting civil, human, and worker’s rights issues throughout the district;

(e) Inform the NVP and National Vice President for Women and Fair Practices of local civil, human, and worker’s rights issues with the potential of having a national impact;

(f) Participate in leadership training seminars or other skill building opportunities in their districts annually;

(g) Coordinate member participation in civil, human, and worker’s rights activities within the locals and councils in their district;

(h) Work with the AFL-CIO constituency groups and other allied organizations to improve the coalition base;

(i) Maintain accurate financial and travel records for their district activities; and

(j) Serve as a member of the National Human Rights Committee.

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Article XVI

Duties of the National Women’s Advisory Coordinators

Section 1. These Coordinators monitor trends in women’s and work/life issues, recommend a national working women’s action plan for AFGE, and advise, assist and/or represent members on women’s issues. They also assist locals in training sessions throughout the district where they were elected. These Coordinators are elected at a district caucus every three years. The National Women’s Advisory Coordinator (NWAC) will recruit and develop Local Coordinators and will:

(a) Mobilize AFGE members around women’s issues in their district. They are charged to work closely with the National Fair Practices Affirmative Action Coordinators (NFPAAC) and National Vice President (NVP) to help raise the concerns of women and minorities and strengthen the worker’s rights agenda in their respective districts;

(b) Submit quarterly status report on district activities to be reported to the AFGE National Executive Council;

(d) Serve as the catalyst to disseminate information affecting women’s issues throughout the district;

(e) Inform the NVP and National Vice President for Women and Fair Practices of local women’s issues with the potential of having a national impact;

(f) Participate in leadership training seminars or other skill building opportunities in their districts annually;

(g) Lobby and engage local legislators on issues that impact women and their families;

(h) Work with local community, women’s, religious, and AFL-CIO constituency groups on women’s issues that affect AFGE members;

(i) Maintain accurate financial and travel records for their district activities; and

(j) Serve as a member of the National Human Rights Committee.

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Article XVII

Duties of the Local Women’s Coordinator

Section 1. The Local Women’s Coordinator (LWC) is primarily concerned with any issue that has an adverse impact on women in the workforce. The main objective of the LWC is to assure that the agency maintains policies and practices which are free from artificial barriers to the progress of women. Duties of the LWC may include submitting proposals and recommendation through the appropriate local channel to their agency to adopt policies and programs within their agencies. Among the areas of concern are childcare, gender-based wage discrimination, sexual harassment, alternate work schedules, upward mobility, career development, family friendly leave policies, health and safety matters, and leadership skills development. The above issues are but a few that should be addressed by the Coordinator. All actions to resolve issues may require the LWC to pursue solutions within their agency, through the appropriate local channels, or seek legislative solutions. The LWC will stress the importance of organizing members around these issues and will assist in the recruitment of new members.

Sec. 2. The LWC will work together with AFGE National, district, council, and local officers to effectively work toward eliminating issues that have an adverse impact on women in the workplace.

Sec. 3. All newly established local, council, and national steering-type committees shall include in their proposed bylaws, constitution, articles, or articles of operation, the positions and duties of both Women and Fair Practice Coordinators.

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Article XVIII

Duties of the Local Fair Practices Coordinator

Section 1. The Local Fair Practices Coordinators (LFPC) are primarily concerned with equal employment opportunity and affirmative employment in the workplace. Their primary focus is direct assistance and/or counseling to members with inquiries or complaints of discrimination. LFPCs should be familiar with EEO laws and regulations so they can take an active role in the complaint process by assisting stewards with strategies for winning complaints. Another major focus of the LFPC is to assure that agency officials properly identify under-representation of minorities, women, and persons with disabilities. Once an under-representation has been identified, the LFPC will take actions to correct the situation through the appropriate local channel. These corrections may be addressed by working within the agency’s EEO program and/or through the negotiation of strong contract language.

Sec. 2. The LFPC’s activities also will include grassroots action on EEO or civil rights legislation, always stressing the importance of organizing new members around these issues and assisting in new member recruitment.

Sec. 3. The LFPC will work together with AFGE National, district, council, and local officers to effectively work toward eliminating discrimination of any kind in government.

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Article XIX

Locals

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(s) 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;

(2) A minimum of ten United States Government employees is required to charter a Regular Local;

(3) On a separate sheet list the names and addresses (in alphabetical order) of the employees filling out the Membership Application forms. Make certain the zip code is shown;

(4) Fill out the Charter Application form. Attach it to the list of names and addresses of charter applicants, but retain the Membership Application forms. The above documents will be submitted to the NVP of the district for review and approval. After he or she has approved the Charter Application, he or she will transmit it to the NST;

(5) The initiation fees and dues are collected by the locals. The initiation fee in a Regular Local shall be whatever amount is determined by the local. The local is required to send $.50 for each charter member to the NST, and this must accompany the Charter Application form. After the month of charter, the local must forward $.50 for each new member subsequently enrolled;

(6) Effective January 1, 2007, the per capita tax is $17.50 per member per month and $.50 per member per month for retired members; and the per capita tax for retired members will be raised by the exact amount required to cover the affiliation fees for the AFL-CIO retiree program; and

(7) Each local created under the provisions of this Constitution shall be established and maintained with a dues level high enough to allow adequate funds for the payment of per capita tax and to provide sufficient funds for the operating expenses of the local.

Sec. 7(b). INSURED LOCAL

(2) A minimum of ten United States Government employees is required to charter an Insured Local. Each applicant must complete an AFGE Membership Application form in its entirety;

(3) On a separate sheet list the names and addresses (in alphabetical order) of the employees filling out the Membership Application forms. Make certain the zip code is shown;

(4) Fill out the Charter Application form. Attach to it the list of names and addresses of charter applicants and the AFGE Membership Application forms; these forms must be completely filled out, making certain that all information pertaining to beneficiaries is completed. The above documents will be submitted to the NVP of the district for review and approval. After he or she has approved the Charter Application, he or she will transmit it to the NST;

(5) The initiation fees and dues are collected by the locals. The initiation fee for an Insured Local shall be whatever amount is determined by the local, but the local is required to send $1.55 for each charter member to the NST, and this must accompany the Charter Application form. After the month of charter, the local must forward $1.55 for each new member subsequently enrolled;

(6) Effective January 1, 2007, the per capita tax is $18.55 per member per month for insured members and $1.55 per member per month for retired insured members, and the per capita tax for retired members will be raised by the exact amount required to cover the affiliation fees for the AFL-CIO retiree program; and

(7) Each local created under this Constitution shall be established and maintained with a dues level high enough to allow adequate funds for the payment for the per capita tax and to provide sufficient funds for the operational expenses of the local.

Each member of a local operating under the Insured Program who is under the age of 65 automatically will be covered for benefits according to the member's age as follows:

AMOUNT OF INSURANCE

Age (last birthday) First of the Insured Member Unit Added Unit

Less than 35 $2,200 $2,800

35-49 1,700 2,300

50-59 1,200 1,800

60-69 1,000 1,000

70 and over 1,000 500

The amount of the insurance at any time depends on the age and on the number of units of insurance (one to five) elected by, and in effect for, the local to which the member belongs. The insurance amount changes as the age changes.

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 appeal timely 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) immediately shall 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.

Sec. 12. Each national bargaining local shall receive a per capita tax rebate of $.10 per member per month.

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Article XX

Duties of Local President

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.

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Article XXI

Councils

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 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. Councils shall send to the National President the amendments, together with a copy of the notice to the delegates, if required by the council constitution, and a copy of the minutes or transcript of the council meeting showing a quorum and adoption of the amendments by the proper majority. 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 XXIII, 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: (a) by the council's Executive Board, (b) as authorized by the budget approved by the delegates, or (c) 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.

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Article XXII

Duties of Council President

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.

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Article XXIII

Offenses, Trials, Penalties, Appeals

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 XXIII 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. The conflict resolution program is not available. Penalty for conviction under this subsection shall be expulsion;

(b) Working in the interest of or becoming a member of the Communist Party or any other organization which advocates the overthrow of the democratic form of government under which our members live. The conflict resolution program is not available. Penalty for conviction under this subsection shall be expulsion;

(c) Violation of any provision of this Constitution or the constitution and bylaws of the local to which a member belongs;

(d) Making known the business of any affiliate of the Federation to management officials of any agency or other persons not entitled to such knowledge;

(e) Engaging in conduct unbecoming a union member;

(f) Engaging in gross neglect of duty or conduct constituting misfeasance or malfeasance in office as an officer or representative of a local. The conflict resolution program is not available after the committee of investigation has preferred charges;

(g) Incompetence, negligence, or insubordination in the performance of official duties by officers or representatives of a local or council or failure or refusal to perform duties validly assigned;

(h) Committing any act of fraud, embezzlement, mismanagement, or appropriating to one's own use any money, property, or thing of value belonging to the Federation or any affiliate. The conflict resolution program is not available after the committee of investigation has preferred charges;

(i) Refusing, failing, or neglecting to deliver at specified periods or on demand, in accordance with this Constitution or the constitution and bylaws of the local or council to which a member belongs, a full and accurate account of all monies, properties, books, and records for examination and audit; and/or

(j) Assisting, counseling, or aiding any member or officer of the Federation or any of its affiliates to commit any of the offenses herein set forth.

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 request conflict resolution or 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. No member of the Executive Board may serve on the committee of investigation. The local 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 or through the conflict resolution process, it shall prefer charges 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 also shall 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 (a) by all of the eligible members of the local’s Executive Board or (b) by a trial committee elected by the membership and 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 preferred 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 held promptly 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, nor more than 180 days after the preferring of charges, so as to insure a prompt trial. The conflict resolution program is not available after the trial commences.

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, as the first order of business, the trial body shall read the sustained charges against the accused. At that time the accused or representative may make a statement on his or her behalf to the membership. The trial body then shall submit to the local in writing and read its findings of the facts, decisions, and recommendations. 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 trial body. 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.

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Article XXIV

Revenues

Section 1(a). The revenues of the Federation shall be obtained as follows, effective January 1, 2007:

(1) Regular Locals

$.50 initiation fee for each new member reported and a per capita tax of $17.50 per member per month and $.50 per capita tax per member per month for retired members. The per capita tax for retired members will be raised by the exact amount required to cover the affiliation fees for the AFL-CIO retiree program.

(2) Insured Locals

$1.55 initiation fee for each new member reported and a per capita tax of $18.55 per member per month for insured members and $1.55 per capita tax per member per month for retired insured members. The per capita tax for retired members will be raised by the exact amount required to cover the affiliation fees for the AFL-CIO retiree program.

Sec. 1(b). Dedicated distribution of funds:

(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.

(2) Effective January 1, 2002, an additional $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, and $.12 to Fair Practices Department. Additionally, each bargaining council shall receive $.10 rebate for each of its dues-paying members from the foregoing increase, and effective January 1, 2007, AFGE’s Defense Conference shall receive $.30 for each Department of Defense dues-paying member.

(3) Effective January 1, 2004, per capita tax is increased by $2.50 per month. $.25 of that per capita tax increase is dedicated to media; $.25 is dedicated to legislation. Effective January 1, 2004, these committees will be permanently funded and the expenditures from the contingency fund shall specifically include, but are not limited to the following: AFGE’s Firefighter Steering Committee, the AFGE Law Enforcement Steering Committee, and the AFGE Hispanic Coalition at $15,000 each per year. They shall make all requests for funds through the Office of the National President to insure financial integrity and to insure that amounts expended are in accord with their approved annual budgets. Such requests shall be promptly processed and funds remitted to the designated payee.

(4) Effective January 1, 2007, per capita tax is increased by $2.00 per month. $.06 of that per capita tax increase is dedicated to legislative and privatization programs, $.06 to district member organizing program, $.10 to communications programs, $.06 to Women’s/Fair Practices programs and $.02 for conflict resolution program, $.02 to education program, $.10 to district operational, $.01 each to AFGE’s Firefighters Steering Committee, Law Enforcement Steering Committee, Hispanic Coalition, and Nurses Committee, $.10 rebate to bargaining councils, and $1.44 to the general fund for AFL-CIO, inflation, and computer overhaul of mainframe ($.20).

Sec. 1(c). Exceptions

(1) Those employees on a regular part time weekly schedule of 25 hours per week or less will be assessed per capita tax at a rate of 50%, and this rate will be applied to all Non-Appropriated Fund employees including canteen workers who fall under the lowest pay scale in the federal sector (equivalent to below grade GS-4, Step 1).

(2) Members that hold a permanent seasonal position will have the per-capita dues exempt, from the local’s national billing, during their non-pay status, not to exceed six months long. These members will be considered as a member in good standing during their non-pay status. These members will not count toward voting strength of the local while in a non-pay status. These members will be responsible for any benefit fees that are incurred by that member while in non-pay status. The local’s bylaws may address the level of local participation of the member while in non-pay status and reimbursement to the local for any monies deemed owed.

(3) A local will report all members under Article III, at the earliest possible time directly to the NST and/or My Local section on www.afge.org for exception. The exception to payment will not count against the local’s total membership for the purpose of delegate representation.

Sec. 1(d). Service fee or payment in lieu of dues

Consistent with law, an amount equal to the regular per capita tax 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. The AFGE National Union shall establish and implement a Hudson Plan and AFGE locals shall not be charged any cost for the establishment of a Hudson Plan(s) or the implementation of such a plan at the National level, as required by law.

Sec. 2. Special Retiree Affiliation Fee

For those individuals who do not qualify for retiree membership in the Federation, the national affiliation fee is $50.00 per annum, effective September 1, 2006. The national affiliation fee for special retiree affiliation shall increase by the exact amount required to cover any increase in the affiliation fees for the AFL-CIO retiree program, and by the same percentage and on the same date as cost-of-living adjustments to federal annuities.

Sec. 3. By December 31, 2003, the NEC will develop a plan for a uniform federal and D.C. government retiree dues amount, thereby ensuring equal treatment of all retirees by all locals.

Sec. 4(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. 4(b). If an assessment is levied, it shall be in effect only until the next regular National Convention.

Sec. 5(a). Per capita tax 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. 5(b). Per capita tax 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. 6(a). A local failing to pay the monthly per capita tax, any assessment, or other indebtedness to the Federation by the due dates indicated above, shall be notified promptly 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. 6(b). Any local in arrears in its per capita tax or other payments to the National Office more than 90 days automatically will generate a review by the appropriate NVP in conjunction with the NST’s Office. A certified letter of notification will be sent to the Executive Board that a review will be conducted and will state the time, date, and place. If the review substantiates the arrearages, then the local’s dues deductions, at the direction of the National President with the concurrence of the NVP, will be sent directly from the agency to the Federation for a period of at least 12 months. The NST shall deduct the appropriate amount of per capita tax, deduct an appropriate portion of the other obligations owed the Federation, and send the remainder to the local.

After 12 months, the NST and NVP will review the local’s structure and other appropriate considerations and determine whether the direct dues process should be terminated. If the direct dues process is terminated and thereafter the local becomes delinquent for more than 90 days, the direct dues process will be reinstated and remain in place, except that if there is a change in the principal financial officers of the local, those officers can request reconsideration. The decision whether or not to reconsider is at the discretion of the National President after consultation with the appropriate NVP.

Sec. 7. A suspended local may be reinstated to membership in the Federation upon payment of all arrearages.

Sec. 8(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. 8(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. 8(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. 8(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. 9. 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.

Sec. 10. AFGE’s General Counsel will take any and all actions necessary in conjunction with expert retained ERISA counsel to get all members with outstanding valid claims filed with the Dental Trust paid.

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Article XXV

Health and Life Insurance Benefits

Section 1. The Federation is authorized to conduct a program of health and life insurance.

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Article XXVI

Delegates to the AFL-CIO and Other Conventions

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.

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Article XXVII

Mergers with Other Unions

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.

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Article XXVIII

Amendments

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.

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Article XXIX

Initiating Proposals between National Conventions

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.

APPENDIX A

AFGE RULES OF CONDUCT FOR AN ELECTION

Part I: Direct Elections:

Local Officers and Delegates

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;

(2) All delegates, alternate delegates, and proxy delegates to a district caucus, council meeting, or the AFGE National Convention. As used herein, "delegate" refers not only to delegates but also to alternate delegates and proxy delegates;

(3) As used herein, "officer" or "office," unless otherwise specified, includes all the positions described above.

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;

(2) Be a member for one year of an AFGE local, immediately preceding the closing of the nomination process. This requirement does not apply to newly created locals; and

(3) Must not be a member in any labor organization not affiliated with the AFL-CIO.

Sec. 1(f). Candidates shall not run for more than one office in the same local election; however, candidacy as a delegate shall not be considered to be covered by this provision.

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 or secure and electronic option(s) 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 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.

(2) Notices inviting members to submit nominations must inform all members of the offices to be filled, the time, date, place of the nomination meeting, if any, and the method for making nominations. If the nominations are to be made at a meeting, the notice also shall inform members of the manner whereby members who will be absent from the meeting may make and/or accept nominations.

(3) Notice of nominations only must be timely to provide members with a reasonable opportunity to nominate candidates. Such notice, at a minimum, must be given at least ten days prior to the date set for making nominations. If a single notice is used for nominations and elections, both the requirements relating to nominations and those relating to elections must be followed.

(4) Notices of election (whether the election is combined with the nomination or is a separate proceeding) must be mailed to each member at his or her last known home address not less than 15 days prior to the date of the election, or in the case of election by mail ballot, the date on which the ballot must be received to be counted. The notice shall specify the positions to be filled in the election, the time (including split-polling times if applicable), date, place, or manner of election (i.e., mail or manual ballot or secure and electronic option(s)), and provisions for runoff elections (including the same details as to procedures, time, and place, as required for the initial election). The notice also must provide instructions for absentee ballot where the election is to be conducted at a meeting, except at a combined nomination/election meeting.

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. 3(d). When at the close of nominations a candidate is unopposed for the office, the Election Committee may choose to declare the candidate elected by acclamation and provide notice of such on the ballot.

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 Election Committee conducting the election shall comply with all reasonable and timely requests of the candidate to distribute to the 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. Such resources include, but are not restricted to, dues monies and assessments, publications, facilities, office equipment, union or employer email, 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 or secure and electronic option(s).

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 Committee shall notify all members that nominations are invited; it also shall conduct the nomination and election process.

Sec. 5(c). The Election Committee shall prepare ballots. The candidates shall be listed either on the ballot, or if the election is conducted at a meeting and it proves necessary, by posting in the election area.

Sec. 5(d). Where an election is conducted by manual ballot:

(1) The Election Committee shall furnish to each member voting one ballot. The Committee also will provide for sealed ballot boxes in which members may deposit the ballots. Each ballot box will be under the personal supervision of a member of the Election Committee. The Committee will make appropriate arrangements to insure that each member votes a secret ballot such as, for example, individual booths, enclosures, or areas which provide such privacy to each member while voting.

(2) Members who are unable to attend the election polls, upon timely written request to the Election Committee, shall be furnished ballots and properly marked envelopes in which to return their ballots to the Election Committee. If timely returned, the absentee ballots shall be opened and counted with the remainder of the ballots.

Sec. 5(e). Where the election is conducted by mail:

(1) The Election Committee shall mail ballots to all members in good standing at their last known home address along with properly marked envelopes in which to return their ballots to the Election Committee. The mailing shall include instructions concerning the voting procedure and specify a deadline by date and time for the return of ballots to a specified location. The return envelopes shall provide for the insertion of a blank envelope (containing the marked ballot) within another envelope bearing the voter's name so as to ensure voter secrecy.

(2) As soon after the deadline as possible, the Election Committee shall convene to tally the ballots. Any ballots either received after the deadline or in envelopes which do not identify the ballot as that of an eligible voter shall not be counted as valid ballots.

Sec. 5(f). Each candidate shall be afforded an opportunity to have a reasonable number of observers who are members present throughout the election procedure, including the tally of ballots.

Sec. 5(g). At the conclusion of the balloting, the Election Committee shall tally the total ballots cast (or in an election by mail the ballots received), the ballots challenged, the ballots voided, the number of valid votes cast for each candidate, and the total number of valid votes cast. The Election Committee shall prepare a written report and inform the members of the results as soon as possible.

Sec. 5(h). A majority of the valid votes cast is required for election to any office except delegates, alternate delegates, and proxy delegates. If warranted, a runoff election shall be held as soon as possible.

(1) For a single office, a runoff election is warranted when none of the candidates for an office receives a majority vote. The runoff shall be between the two candidates receiving the greatest number of votes, whose position on the ballot shall conform with the order of their nomination.

(2) For multiple same-type positions other than delegate, alternate delegate, and proxy delegate elections, a runoff election is warranted when (i) the number of candidates receiving a majority of the valid votes exceeds the number of positions to be filled, or, (ii) some positions remain unfilled because fewer candidates received a majority vote than the number of positions to be filled. The runoff shall be among those candidates receiving the highest number of votes, and the number of candidates will correspond to the number of positions remaining to be filled, plus one. In the runoff, the candidate receiving the least number of votes will be eliminated, and the other candidates will be elected to the position.

Sec. 5(i). A plurality of the valid votes cast is required for election of delegates and proxy delegates. The candidate(s) for delegate receiving the most number of votes will be elected to the position(s). If the number of delegate candidates exceeds the number of delegate positions to be filled, then the candidates receiving the greatest number of votes will be elected as delegates, and the remaining candidates will be elected as alternate delegates unless otherwise stated in local bylaws.

Sec. 5(j). All election-related documents (including those pertaining to nominations and the minutes of any meetings) must be sealed and preserved by the Election Committee (who has authority to reopen the records) through the protest period and then turned over to the local secretary for one year after the election, unless the records are requested by higher authority in the appeal process or are still relevant. Councils and district caucuses will forward the election records to the NST at the National Office.

Sec. 6. Delegates to District Caucuses, Council Meetings, or the National Convention

Sec. 6(a). Delegates to district caucuses, council meetings, or the AFGE National Convention must be elected by secret ballot of the members on whose behalf they will serve as delegates. Delegates, alternate delegates, and proxy delegates must be elected by name and by plurality vote.

Sec. 6(b). Delegates may be nominated and/or elected as part of a regular election of officers or in a separate proceeding as may be prescribed by the constitution of the AFGE entity conducting the election. Officers of the appropriate AFGE entity, by virtue of their election to office, may serve as delegates, if prescribed by the applicable constitution. In filling a vacancy without an election, only a person who is appointed or succeeds from a position in which the person was a delegate by virtue of election to the office may be a delegate by virtue of office in the new position.

Sec. 6(c). In the election for delegates, members will be afforded the opportunity to determine the number of delegates, up to the full entitlement as provided by the national or council constitution involved.

Sec. 6(d). In the event that the entity on whose behalf a delegate is elected is unable to authorize funds sufficient to fund a full allotment of delegates, then the authorization shall be applied in the following order: (1) delegates selected by virtue of their elected position within the entity in accordance with the established hierarchy of positions; (2) other delegates in accordance with the number of votes received by each. A decision by an entity to authorize funds for less than the full number of delegates elected does not preclude the remaining delegates from participating at their own expense as delegates.

Sec. 6(e). Alternate delegates shall be selected as replacements for delegates, as appropriate, in accordance with the number of votes received by each.

Sec. 6(f). Any notice(s) of nominations and election pertaining to delegates shall inform members of the manner whereby delegates will be elected, as prescribed by this Section.

Sec. 6(g). Members must be given a reasonable opportunity to nominate and elect delegates prior to nominating and voting for a proxy delegate. Proxy votes may be carried only by a delegate whose own election as a delegate is in accordance with these rules.

Part II. Indirect Elections:

National President, National Secretary-Treasurer, National Vice President for Women and Fair Practices, National Vice Presidents, National Fair Practices Affirmative Action Coordinators, National Women's Advisory Coordinators, and Council Officers.

Section 1(a). The rules within this Part shall govern matters arising in connection with the conduct of elections to the following AFGE offices:

(1) All national officers:

(i) National President, National Secretary-Treasurer, and the National Vice President for Women and Fair Practices;

(ii) National Vice Presidents.

(2) All council officers designated by the council's constitution. As used herein, council includes state, district, and national councils of AFGE locals.

(3) Fair Practices and Women's Coordinators.

Sec. 1(b). The provisions of Appendix A, Part I, Section 1(b)-1(e), relating to the application of elections rules, the election of officers by secret ballot, the prohibition against write-in votes, and qualifications for office respectively also shall apply to elections covered in this Part, except that the qualifications for the offices of National President, National Secretary-Treasurer, National Vice President for Women and Fair Practices, National Vice Presidents, National Fair Practices Affirmative Action Coordinators, and National Women's Advisory Coordinators shall be governed by Article VII, Section 1(a) of the AFGE National Constitution.

Sec. 1(c). All elections conducted pursuant to this Part shall be by delegates selected by members of their respective locals in accordance with the procedures prescribed in Appendix A, Part I.

Sec. 1(d). To be qualified as an officer or candidate for office for a position covered by this Part, an individual must meet both the requirements established by Appendix A, Part I, Section 1(e) and any other qualifications established for that particular office.

Sec. 1(e). Elections shall be conducted for each office in the following manner:

(1) National President, National Secretary-Treasurer, and National Vice President for Women and Fair Practices at the AFGE National Convention. Special elections being held after the National Convention will be conducted by mail ballot or secure and electronic option(s).

(2) National Vice Presidents, Fair Practices Coordinators, and Women's Coordinators at individual district caucuses, in accordance with the Rules established by the National Executive Council. Each district shall elect one National Fair Practices Affirmative Action Coordinator and one National Women's Advisory Coordinator. These Coordinators comprise the AFGE National Human Rights Committee (NHRC).

(3) Council officers according to their constitutions.

Sec. 2. Election Committees

Sec. 2(a). An Election Committee shall be constituted to conduct each election. The Committee shall be constituted in the manner prescribed by Appendix A, Part I, Section 2.

Sec. 2(b). The selection to the Election Committee for national officers at the National Convention shall be made by the National President. For council officers, the Election Committee shall be constituted by the governing body of the council.

Sec. 3. Notice of Nominations and Elections

Sec. 3(a). Nominations and elections shall be conducted in accordance with Appendix A, Part I, Section 3 except as provided in this Part.

Sec. 3(b). Nominations and elections for officers shall be conducted as appropriate at the National Convention or district caucus. Nominations and election for council office shall be conducted either at a meeting called for that purpose and attended by delegates from the locals comprising the council or by mail or secure and electronic option(s), as may be prescribed in the constitution of the council.

Sec. 4. Campaign Rules

Sec. 4(a). The campaign rules prescribed by Part I, Section 4, shall apply except as provided in this Part.

Sec. 4(b). All declared candidates for national offices covered by this Part will be provided upon timely request the following information:

(1) A complete list of the names, business, and home addresses and business telephone numbers of the presidents, treasurers, and delegate(s) of each local participating in the election for which the candidacy has been declared.

(2) One set of mailing labels for the presidents, treasurers, and delegate(s) covered by subsection (1) above. Additional sets will be supplied each candidate upon written request. Each candidate shall be charged for each additional set on an actual cost basis.

(3) A list of the locals and their voting strengths as established by the AFGE National Constitution.

The above information shall be provided by the National Secretary-Treasurer.

Sec. 5. Vacancies

Sec. 5(a). If a vacancy occurs in any office covered by this Part, the performance of the duties of that office and the election of a successor shall be conducted in accordance with the requirements of this Section.

Sec. 5(b). In the event of a vacancy in the office of National President, the National Secretary-Treasurer shall succeed to the office of National President.

Sec. 5(c). In the event of a vacancy in the office of the National Secretary-Treasurer or the National Vice President for Women and Fair Practices, the National President shall perform the duties of the vacated position until a successor has been elected by the NEC to fill the unexpired term. If such a vacancy occurs, the National President immediately shall issue a call for the convening of the NEC within 60 days for the purpose of filling the vacancy.

Sec. 5(d). In the event of a vacancy in the position of a National Vice President, the National Secretary-Treasurer will cause a special caucus to be held by the district within 60 days of a vacancy. Elections shall be conducted in accordance with the rules for the regular election of National Vice Presidents.

Sec. 5(e). In the event of a vacancy in the National Fair Practices Affirmative Action Coordinator or the National Women's Advisory Coordinator within the district, the respective National Vice President shall appoint a member within 60 days to fill the vacancy until the next district caucus.

Part III. Election Protests and Appeals

Section 1. All elected officers and delegates will assume their responsibilities after their respective elections and their installations as prescribed by the applicable constitution or bylaws, regardless of whether the election has been protested. They will remain in their respective offices until their terms expire or until newly elected officers are installed as a result of an ordered new or rerun election or a decision on a complaint or appeal by an Election Committee, a National Vice President, or the National President.

Sec. 2. Any affected member may protest the manner in which an election was conducted. All protests consisting of challenges to the eligibility of a member to vote or to the eligibility of a candidate or protests to any other conduct which occurred during an election shall be made by complaint in writing to the respective Election Committee. In local officer and delegate elections, such protests must be made to the local Election Committee prior to, during, or within ten days after the election. In council and caucus elections, such protests must be received by the respective Election Committee prior to, during, or within five days of adjournment of the council meeting or caucus. In National Convention elections, such protests must be received by the Election Committee prior to adjournment of the National Convention. The Election Committee shall consider and/or investigate the complaint and attempt to resolve the protest(s) or to render a decision within 15 days after receipt of the complaint. An extension of time up to 30 additional days is permissible for the Election Committee to render a decision, if it notifies the complainant(s) by certified mail of this extension.

Sec. 3. After a decision by the Election Committee or in absence of such a decision, the complainant may elevate the complaint by appeal within 15 days of the due date of the Election Committee's decision to:

(a) The respective National Vice President if the election is for local officers or delegates;

(b) The National President if the election is for officers of a council or officers at a district caucus. In a National Convention there is no appeal of a decision of the Election Committee.

All appeals must set forth the exact nature and specifications of the complaint and how the alleged infraction(s) affected the outcome of the election. If the Election Committee orders that an election be rerun, any adversely affected incumbent officer may appeal this order in the manner prescribed above.

Sec. 4. Upon receiving a timely appeal of an Election Committee's decision, the respective National Vice President when a local election is involved, or the National President when a council or caucus election is involved, shall consider all aspects of the complaint by investigation or other means, such as a hearing as he or she deems appropriate. If it is found that no violation has occurred, or if a violation has occurred which did not affect the outcome of the election, the National Vice President or the National President, as the case may be, shall dismiss the appeal. If it is found that a violation has occurred which may have affected the outcome of the election, the National Vice President or the National President shall order a new or rerun election under his or her supervision or a designated representative.

Sec. 5. A National Vice President's decision on an appeal from a local Election Committee's decision shall be issued within 30 days after receipt of the appeal and shall be the final determination. The National President has discretionary authority to review the National Vice President's decision if an appeal postmarked within 15 days of receipt or the due date of the National Vice President's decision contains the appeal to the National Vice President and his or her decision and provides evidence that the National Vice President committed the election irregularity. The National President also may entertain such an appeal of a National Vice President's decision if it is clearly demonstrated that:

(a) The issues specifically raised are of significant and Federation-wide impact;

(b) On its face, a determination or non-determination made by a National Vice President is so arbitrary and capricious that it abridges the members' basic rights in the electoral process.

If the National President entertains such an appeal, appropriate action may be taken based on further findings as to whether a violation occurred which may have affected the outcome of the election. There is no further appeal from the National President's decision.

APPENDIX B

Standard Local Constitution

Article I

Name

Section 1. This local union shall be known as the American Federation of Government Employees, Local No. __, AFL-CIO, __ (agency, location) as set forth in its charter. See AFGE National Constitution, Article XIX, Section 1.

Sec. 2. The headquarters and mailing address of this local shall be prescribed in the local's bylaws.

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Article II

Objectives and Methods

Section 1. This local does not advocate the overthrow of the Constitutional form of government in the United States. The local does not discriminate with regard to race, creed, color, national origin, sex, age, political affiliation, handicapped condition, marital status, sexual orientation, or preferential or nonpreferential civil service status; and is not subject to corrupt influences or influences opposed to basic democratic principles.

Sec. 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 AFGE National Constitution, Article XXI. The local shall pay dues and/or per capita tax 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 AFGE National Constitution, Article XXI, Section 1.

Sec. 3. This local is a separate, independent organization functioning in conformance with the AFGE National Constitution. Neither the local nor its officers, employees, members, or other persons 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.

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Article III

Membership

Section 1. All persons eligible for AFGE membership as prescribed by Article III of the AFGE National Constitution and who come within the local's jurisdiction as defined by its charter shall be eligible for membership in this local.

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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 AFGE National Constitution, Article XIX, 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.

Sec. 2(a). The local shall establish in its bylaws the amount of its initiation fee and the amount of its membership dues. See AFGE National Constitution, Article XIX, Section 7(a)(5)-7(a)(7) and 7(b)(5)-7(b)(7); 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.

Sec. 2(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.

Sec. 2(c). Local representatives, collectors, and shop stewards shall make remittance of all dues and initiation fees collected to the Treasurer within ten days and no later than the Tuesday of the last full workweek of the month.

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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.

Sec. 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.

Sec. 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 AFGE National Constitution, Article XXIV, Section 8.

Sec. 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 XXIV, Section 8(d) of the AFGE National Constitution.

Sec. 5. All books, records, and financial accounts at all times shall 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 AFGE National Constitution, Article XXIV, Section 9.

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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.

Sec. 1(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.

Sec. 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 standard 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 AFGE National Constitution, Article XX, Section 2.

Sec. 3. The President shall be the executive officer of this local; he or 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 standard local Constitutions; keep the membership apprised of the goals and objectives of the Federation; serve as an ex-officio member of all committees except the Election Committee, Audit Committee, and committee of investigation, or trial committee when he or she is bringing the charges or is directly or indirectly involved in the matter which gave rise to the charges; automatically serve by virtue of election to office as a local delegate to the district caucus, council meetings, the AFGE 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 or her regular duties because of sickness, leave, TDY, or for some other legitimate reason, he or 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.

Sec. 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.

Sec. 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; keep an up-to-date roll of the members; receive all monies and/or dues paid into the local and receipt thereof; keep records of all transactions; deposit money in the bank to the credit of the local; make regular monthly reports to the NST, 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; forward initiation fees and per capita tax to the National Headquarters in accordance with the requirements of the AFGE National Constitution (For regular locals per capita tax is payable before the end of each month, and all monies owed the Federation must be forwarded to the NST not later than the 20th day of the following month. See AFGE National Constitution, Article XXIV, Section 5(a). For insured locals per capita tax is payable in advance to the NST before the first day of each month. See AFGE National Constitution, Article XXIV, Section 5(b).); and 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.

Sec. 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 unless the records are requested by higher authority in the election appeal process or are still relevant), see AFGE National Constitution, Appendix A, Part I, Section 5(j); keep up-to-date the official copy of the bylaws of the local; conduct correspondence when directed by the President; and send out notices of meetings when required.

Sec. 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 or her fiduciary obligation to the local.

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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.

Sec. 2(a). In accordance with Appendix A, Part I, Section 1(e) of the AFGE National Constitution, the minimum qualifications for candidacy to local office are that a member must:

(1) Be a member in good standing;

(2) Be a member for one year of an AFGE local, immediately preceding the closing of the nomination process. This requirement does not apply to newly created locals; and

(3) Not be a member in any labor organization not affiliated with the AFL-CIO.

See AFGE National Constitution, Appendix A, Part I, Section 1(e).

Sec. 2(b). Candidates shall not run for more than one office in the same local election; however, candidacy as a delegate shall not be considered to be covered by this provision.

Sec. 2(c). 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.

Sec. 3. The local shall prescribe in its bylaws the manner by which its elections will be conducted (choose one): manual ballot or mail ballot or secure and electronic option(s).

Sec. 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.

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Article VIII

Executive Board and Committees

Section 1. The Executive Board shall meet at the call of the President.

Sec. 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.

Sec. 3. 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. 4. 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.

Sec. 5. Standing and special committees may be established in the manner prescribed by a local's bylaws.

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Article IX

Delegates

Section 1. Delegates, alternate delegates, and proxy delegates to the AFGE National Convention, district caucus, and council meetings must be elected by name and in accordance with applicable provisions of the AFGE National Constitution. See AFGE National Constitution, Article VI, Article VIII and Appendix A, Part I, Section 6.

Sec. 2. The local's President if elected to that office shall serve as a delegate to the AFGE National Convention, district caucus, council meetings, and such other meetings at which the local is entitled to representation. If the local is entitled to additional delegates, 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 election to their office. In filing a vacancy without an election, only a person who is appointed or succeeds from a position in which the person was a delegate by virtue of election to the office may be a delegate by virtue of office in the new position.

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Article X