American Federation

of

Government Employees

AFL-CIO

80 F STREET, NW

WASHINGTON, DC 20001-1583 

 

 

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 Atlanta, Georgia, August 7-11, 2006 

 


 

 Table of Contents

 

Article

Preamble 

I.                   Name and Headquarters 

II.                  Objects and Methods  

III.                 Membership    

IV.                 Affiliations         

V.                  Governing Body

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 

XV.               Duties of the National Fair Practices Affirmative Action Coordinators

XVII.             Duties of the Local Women’s Coordinator 

XVIII.           Duties of the Local Fair Practices Coordinator

XIX.              Locals     

XX.               Duties of Local President    

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   

Appendix C: Convention Rules    

Oath of Union Officers   

Oath of Union Membership     

List of Emeritus, Memorialized and Deceased Emeritus Officers 

Solidarity Forever                    

 


 

CONSTITUTION

 

 

American Federation of

Government Employees

 

 

Affiliated with the

American Federation of Labor and

Congress of Industrial Organizations

 

__________

 

Preamble

 

For the purpose of promoting unity of action in all matters affecting the mutual interests of government civilian employees in general, all other persons providing their personal service indirectly to the United States Government and for the improvement of government service, we as members of the American Federation of Government Employees, adopt this Constitution and Rules.

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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

 

(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.

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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;

 

(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;