American Federation
of
Government Employees
AFL-CIO
Affiliated with the
American Federation of Labor and
Congress of Industrial Organizations
CONSTITUTION
AND RULES
As
adopted at the Thirty-seventh AFGE National Convention
in
Table
of Contents
Article
III.
Membership
IV.
Affiliations
VI.
Delegates
VII.
Officers
VIII.
Election of Officers
IX.
Duties of the National President
X.
Duties of the National Secretary-Treasurer
XI.
Duties of the National Vice President for
Women and Fair Practices
XII.
Duties of the National Vice President
XIII.
National Executive Council
XIV.
Duties of the National Human Rights Committee
XVII.
Duties of the Local Women’s Coordinator
XVIII.
Duties of the Local Fair Practices
Coordinator
XIX.
Locals
XXI.
Councils
XXII.
Duties of Council President
XXIII.
Offenses, Trials, Penalties, Appeals
XXIV.
Revenues
XXV.
Health and Life Insurance Benefits
XXVI.
Delegates to the AFL-CIO and Other
Conventions
XXVII.
Mergers with Other Unions
XXVIII.
Amendments
XXIX.
Initiating Proposals between National
Conventions
Appendix A: AFGE Rules of Conduct for an
Election
Appendix B: Standard Local Constitution
List of Emeritus, Memorialized and Deceased
Emeritus Officers
CONSTITUTION
American Federation of
Government Employees
Affiliated with the
American Federation of Labor and
Congress of Industrial Organizations
__________
For the purpose of promoting unity of action in all matters affecting
the mutual interests of government civilian employees in general, all
other persons providing their personal service indirectly to the United
States Government and for the improvement of government service, we as
members of the American Federation of Government Employees, adopt this
Constitution and Rules.
____________________
Article
I
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
Sec.
3. The headquarters of this organization shall be in
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
____________________
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.
____________________
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
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
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.
____________________
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.
____________________
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
3rd
4th
5th District--Alabama, Bermuda, Florida, Georgia, Puerto Rico, South
Carolina, Tennessee and Virgin Islands;
6th
7th
8th
9th
10th
11th
12th
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.
____________________
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.
____________________
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
(c) National Vice President for Women and Fair Practices GS-14
(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.
____________________
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.
____________________
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;
(c) Conducting training conferences 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;
