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AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES
LOCAL 12 BYLAWS
Headquarters
SECTION 1. The headquarters of the local is U. S. Department of Labor, Room N1501, 200 Constitution Avenue, NW, Washington, D.C. 20210
Meetings
SEC. 2 (a). Regular meetings of the entire local membership shall be held on the fourth Thursday of the month, except that the date of a specific meeting may be changed by the membership or the Executive Board. Meeting notices of regular and special meetings will be posted ten days in advance of the meeting. The meetings shall be held at a time and place selected by the Executive Board. Regular agency (unit) meetings shall be held bi-monthly on the first Thursday. Agency membership meetings shall be chaired by the Agency Vice President, or by the President if the meeting is called by the President. The call by the President for the meeting will state the agenda for the meeting. The membership at agency meetings shall have the authority to set policy on agency matters,
provided that such decisions shall not conflict with Local 12 or Federation policy.
SEC. 2 (b). Special meetings of the entire local may be called by the President, a majority of the Executive Board, or upon written petition of at least 25 members. Notices and petitions must state the purpose of the meeting, i.e., the topic or motion to be discussed. The President shall schedule a special meeting within 30 days of receipt of any valid petition. The quorum shall be the same as that for regular membership meetings.
Special agency meetings also may be called by the President, or the respective Agency Vice President, or a meeting may be called by petition of ten members or 25% of the membership in the agency, whichever is smaller. Notices and petitions must state the purpose of the meeting, i.e., the topic or motion to be discussed. If called by petition, the meeting must be scheduled within 30 days.
SEC. 2 (c). The regular order of business for local meetings will be:
(a) Roll call of officers
(b) Reading of the minutes of the previous meeting
(c) Report of financial condition by Local Treasurer
(d) Reports of committees
(e) Unfinished business
(t) New business
(g) Comments for the good of the local
(h) Adjournment
This order may be suspended by majority vote.
SEC. 2 (d). Only members of the local in good standing shall be allowed to vote.
SEC. 2 (e). A quorum of this local shall consist of 25 members. A quorum for agency meetings shall be five members. A quorum of any committee shall consist of a majority of the members thereof.
SEC. 2 (f). All questions before the local will be decided by vote of the members present first by voice vote, then by a showing of hands.
SEC. 2(g). The current edition of Robert's Rules of Order Newly Revised shall govern the proceedings of all meetings of the local, when not inconsistent with the provisions of the standard local constitution, the AFGE National Constitution, or these bylaws.
SEC. 2 (h). The total time allowed for debate of any particular issue before the local, including the time allowed for speeches, will not exceed 30 minutes. The time allowed for debate may be extended by a majority of those present and voting. No individual shall speak for more than five minutes on any motion before the body, unless an extension of time is approved by the members.
Officers and Duties
SEC. 3 (a). The general officers of this local are as follows:
President Executive Vice President
Treasurer Secretary
Head Steward Assistant Treasurer
Agency Vice Presidents/Chief Stewards (nine)
The general officers and the Agency Vice Presidents shall comprise the Executive Board. Voting on the Executive Board shall be one vote per member. Prior to taking a vote, the President shall strive to reach a consensus on matters before the Board, taking into consideration all interests of the local.
SEC. 3 (b). The duties of the President, Treasurer, and Secretary are set forth in Article VI of the standard local constitution. In addition, the Treasurer shall provide copies of the written monthly financial report to the members at each regular membership meeting. In the event the Treasurer does not make a financial report at a regular membership meeting, the Secretary is required to notify the National Vice President in writing within seven days that no financial report was made.
SEC. 3(c). The Executive Vice President shall assist the President in the performance of the duties of that office; sign checks in the absence of the President; chair the Green Light Committee; perform such other duties deemed necessary by the President; and by virtue of election to office, serve as an automatic delegate to AFGE National Conventions, district caucuses, and such councils with which the local is affiliated and entitled to delegates. See standard local constitution, Article VI, Sections 3,4. In the case of a vacancy in the office of President, the Executive Vice President shall fill the office for the unexpired term. See standard local constitution, Article VII, Section 4.
SEC. 3(d). The Head Steward shall serve as liaison between the Executive Board, Agency Vice Presidents, and the stewards; monitor enforcement of the collective bargaining agreement and training programs for the stewards; supervise the activity of the stewards and recommend the removal of stewards for cause; and have such other duties deemed necessary by the President.
SEC. 3 (e). The Assistant Treasurer shall assist the Treasurer in the performance of the duties; act in place of the Treasurer in the event the Treasurer is incapacitated or unable to perform the duties; and sign checks only for previously approved or budgeted items, such as affiliation per capita, 12NOW, parking fees, and established payroll.
SEC. 3 (1). The Agency Vice Presidents shall serve as the chief spokesperson for the local at their respective agency levels; oversee the operations of the union at the agency level and monitor contract enforcement in their respective agency; chair the agency LMR committee and serve as the chairperson for agency membership meetings; appoint with the approval of the agency membership such agency committees as are deemed necessary; and have such other duties deemed necessary by the President. Agency Vice Presidents shall represent the following nine agencies: 1. Bureau of Labor Statistics
(BLS); 2. Employee Benefits Security Administration (EBSA); 3. Employment Standards Administration (ESA); 4. Employment and Training Administration (ETA); 5. Mine Safety and Health Administration (MSHA); 6. Occupational Safety and Health Administration (OSHA); 7. Office of the Assistant Secretary for Administration and Management (OASAM); 8. Office of the Solicitor (SOL); and 9. Office of the Secretary (SECY) ("one combined Agency" in the contract).
Two Year Term Elections
SEC. 4 (a). Nomination for the offices of President, Executive Vice President, Treasurer, Secretary, Head Steward, and Assistant Treasurer, normally shall be held in January, election in February by manual ballot, and installation in April after proper notice to local members, in the even numbered years. A quorum is not required for nominations and/or elections. See AFGE National Constitution, Appendix A, Part I, Section 3. Candidates shall not run for more than one elected office; however, the running as a delegate shall not be in conflict with an elected officer position. A runoff election, if necessary, shall be conducted not less than seven calendar days after election results are announced at the same times and locations as the general election. A candidate for Agency Vice President shall be employed in the agency he or she seeks to represent. Nominations for Agency Vice President shall be made only by members employed in the agency in which the candidate is employed. Agency Vice Presidents shall be nominated in March and elected by the members in their respective agencies no later than three weeks after the nomination meeting. A runoff election, if necessary, shall be conducted not less than seven calendar days after election results are announced at the same times and locations as the original election. The Agency Vice Presidents shall be installed at the same time as the general officers.
SEC. 4 (b). An Election Committee of at least five members shall be elected by majority vote of local members present and voting at the October regular membership meeting preceding the January nomination meeting. See AFGE National Constitution, Appendix A, Part I, Section 2. The Election Committee shall ensure that there are sufficient poIling places to ensure reasonable access to a ballot for all members.
SEC. 4 (c). All officers will be administered the "Oath of Union Officers" contained in the AFGE National Constitution upon their installation in office. Officers shall serve for two year terms.
SEC. 4 (d). The local's delegates to the AFGE National Convention, district caucus, national council meetings, and such other central labor bodies or councils to which the local is entitled to send delegates, after proper notice to the local's members, shall be elected during the regular officers election, excepting the local's President and Executive Vice President, who if elected to the office, serve by virtue of office. See AFGE National Constitution, Appendix A, Part I, Section 3. All delegates and alternate delegates shall serve for two year terms. At that or a subsequent meeting, the local shall vote upon the authorization of funds for the delegates' attendance at the National Convention, caucus, or council meetings. See AFGE National Constitution, Appendix A, Part I, Section 6(d).
SEC. 4 (e). Individuals who are not members and who wish to participate in any election must deliver a signed SF-1187 to the Treasurer or his/her designee by the close of business two work days prior to the election.
SEC. 4 (f). All candidates are entitled to a list of the members (with their respective agencies) who are eligible to vote for them. The President shall ensure that the most recent membership list of the local is available to the Election Committee two weeks before the nomination meeting. At the nomination meeting, the Election Committee will inform candidates that if they want the appropriate list ofmembers, they must request it of said committee. The Election Committee will fulfill all such requests within three work days.
Finances
SEC. 5 (a). In addition to the requirements of Article VIII, Section 3 of the standard local constitution, in the event the Executive Board does not make a report of expenditures at the next regular membership meeting, the Secretary is required to notify the National Vice President in writing within seven days that no report was made.
SEC. 5 (b). The local, if approved by the membership, shall secure professional services for the preparation of required IRS and LM-2 forms, in accordance with the National Secretary Treasurer's guidelines. The Treasurer and Assistant Treasurer shall work with this person to ensure timely, accurate forms are prepared. Once completed, the reports will be signed by the President and Treasurer and filed properly.
SEC. 5 (c). The local shall have no paid officers. No officer or steward shall be paid by the local for any services rendered to the local, except for reimbursement for authorized expenditures or allowances.
Committees
SEC. 6 (a). Such general committees as may be established by the local shall be comprised of members appointed by the President, subject to the approval ofthe Executive Board (except for the Audit and Election Committees).
SEC. 6 (b). The local shall have the following general standing committees: Audit, Budget, Bylaws, Civil Rights, Green Light, Legislative, Membership and Organizing, Newsletter and Communications, and Safety and Health.
SEC. 6 (c). The Audit Committee shall audit the accounts of the Treasurer, or any committee handling monies of the local, annually andlor upon a change in the incumbent, and shall prepare appropriate reports. The Committee shall submit its written annual audit report within 60 days of " the close ofthe fiscal year to the National Vice President and the National Secretary-Treasurer. A copy of the audit report will be made available to members upon request. No member of the Executive Board, or any member who has the authority to sign checks, or has signed checks during the fiscal year in question, shall serve on the Committee. The Committee shall consist of not less than three and not more than five members, elected at a regular membership meeting.
SEC. 6 (d). The local shall have a Budget Committee consisting of the President, Treasurer, and three members elected by the membership at its February regular meeting. The Committee shall prepare a written annual budget for the local, which will be presented to the Executive Board, which in turn will recommend a budget for the local to be presented at the May regular membership meeting.
SEC. 6 (e). The Bylaws Committee shall review all proposed amendments to the bylaws of the local; report its recommendations concerning such proposals at the next regular meeting of the local; and initiate appropriate amendments deemed necessary. The Committee will submit a written quarterly report to the membership.
SEC. 6 (t). The Civil Rights Committee shall keep the local informed of all civil rights matters which are the concern of the local.
SEC. 6 (g). The Green Light Committee shall consist of the Executive Vice President, Head Steward, and such other officers as the President may appoint. The Committee shall make a decision on whether a grievance should proceed to arbitration, subject to appeal to the Executive Board or subsequent appeal to the membership, or whether a matter should be pursued before another third party (BED, FLRA, MSPB, etc.); and develop policy guidance on representational matters. The Committee will submit a written quarterly report to the membership.
SEC. 6 (h)..The Legislative Committee shall keep the local informed of matters of legislation which are the concern of the local members; analyze and review legislative proposals; and make recommendations to the local on such matters on its own initiative or upon request of the Executive Board or membership. The Committee will submit a written quarterly report to the membership.
SEC. 6 (i). The Memb'ership and Organizing Committee shall develop and conduct a continuing membership and organizing program for the local. The Committee will submit a written quarterly report to the membership.
SEC. 6 (j). The Newsletter and Communications Committee shall publish a local newsletter and develop, recommend, and implement methods to improve communication with the membership. The Committee will submit a written quarterly report to the membership.
SEC. 6 (k). The Safety and Health Committee shall keep the local informed of all matters of safety and health which are the concern of the local.
Stewards
SEC. 7 (a). Stewards shall be elected in April of each year by members in their respective agencies and serve for one year. These elections shall be supervised by the Head Steward or another member of the Executive Board who is designated by the Head Steward. Vacancies between elections shall be filled by the respective Agency Vice President with Executive Board approval. The Executive Board shall determine the number of steward positions to be allocated to each agency.
SEC. 7 (b). Stewards agree to reasonably perform the following duties: provide representation on labor relations matters and grievances to employees within their area of jurisdiction; keep the members informed about local policy and activities; actively seek to sign up new members in their area; and perform such other duties as may be assigned by the Agency Vice President, Head Steward, or President.
SEC. 7 (c). Stewards may be removed by the Head Steward or Agency Vice President for cause, including poor performance, after a written, specific notice from the Agency Vice President, training designed to correct deficiencies, and a failure to improve within a reasonable time. Cause is defined as a failure to reasonably perform any of the duties enumerated in Section 7(b) above, and also would include a failure to attend membership and stewards meetings, a failure to attend training, a failure to actively recruit new members, a failure to provide timely representation, and a failure to keep the Agency Vice President and Head Steward apprised of their activities. A removed steward may appeal removal to the Executive Board, but the Board's decision on such appeal is final and limited to whether the steward’s deficiencies met the factual standard of cause as enumerated in this section.
Dues and Initiation Fees
SEC. 8 (a). The initiation fee for members shall be the equivalent of the dues for one pay period. See AFGE National Constitution, Article XIX, Sections 7(a)(5) and 7(b)(5).
SEC. 8 (b). The dues shall be:
Group I, GS 1-5 $14.00 per pay period
Group 2, GS 6-11 $17.00 per pay period
Group 3, GS 12 and above $19.00 per pay period
The amount for retired members shall be $30 per year, payable on the first of January each year. Manual dues shall be paid semi-annually on January 1" and July 1" in advance.
SEC. 8 (c). When the AFGE National Convention approves a monthly increase in per capita tax, the biweekly dues of each member on dues withholding shall be automatically increased by the exact amount of the monthly increase in per capita tax. Semi-annual or annual dues also shall be increased to ensure that the dues collected from these groups are exactly equal to the amounts collected from members in the same group on dues withholding. In implementing the provisions of this section, the local may elect, by vote of the membership, to absorb the increase in per capita tax in its existing dues structure. Any action to absorb the increase must be undertaken not later than two months from the effective date of the per capita tax increase. This provision may not be
removed without the approval of the National Executive Council.
SEC. 8 (d). Following the lifting of trusteeship, direct submission of the dues withholding allotment of the local from the agency to the Federation shall go directly from the agency to the Director of Finance and Information Services, AFGE, 80 F St NW, Washington, DC 20001. The Director of Finance and Information Services shall retain the per capita tax portion of the dues withholding allotment and shall forward to the local its portion of the dues allotment. This provision may be amended only with the approval of the National Executive Council.
SEC. 8 (e). The local will affiliate with the appropriate AFL-CIO bodies in the geographic area and will remain current in its per capita obligations to those bodies.
Revised as of December 1,2005
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