Local Constitution Model
National Federation of Federal Employees
This Constitution may be supplemented in any paragraph and may be amended where noted.
With a view to improving the Federal service and promoting the common welfare of our members through cooperation, education and organization, we, a Local of the National Federation of Federal Employees , adopt this Constitution .
1.1 The objects of this Local shall be to:
a. Organize and maintain units of exclusive recognition of employees of the Federal Government and District of Columbia Municipal Government; b. Represent the interest of these employees through collective bargaining, legislative action and other appropriate means; c. Improve the working conditions through constructive dealings with the appropriate agencies; and d. Promote high standards and greater efficiency in the various services of the United States and the District of Columbia .
1.2 The methods for attaining these objectives shall be by petition to Congress, by creating and fostering public sentiment favorable to NFFE 's position or proposed reforms, by cooperation, consultation, and negotiation with Government officials and employees, by legislation and other means in cooperation with NFFE Headquarters. As a responsible organization of public employees it shall take leadership in obtaining through legislation or other means, necessary machinery to ensure public employees have adequate protection against unfair, and/or discriminatory action of Government.
2.1 This organization shall be chartered as a Local of the National Federation of Federal Employees and shall be governed by the National Constitution , this Constitution, the democratic action of its membership at Local meetings and by a Local Executive Board elected in accordance with this Constitution.
2.2 Officers and Their Duties:
Paragraphs a, b, c, d and e may be amended. Please note the following:
a. The elected officers of this Local shall be a President; Vice President (s); a Chief Steward ; a Secretary and a Treasurer . They shall be elected in consonance with Article VI of this Constitution .
b. The terms of office shall be years or until their successors are elected and qualified. Upon separation from office, an officer shall immediately turn over to his/her successor , or other properly designated official, all books, money and other effects of the Local in his/her possession.
c. The President shall: (1) Preside at all meetings of the Local and of the Executive Board unless absent or unable to serve; (2) Have general supervision of all activities of the Local ; (3) Appoint a Local Parliamentarian , subject to approval by the Executive Board and the Local Membership, in turn; (4) Conduct and other duties as properly pertain to his/her office; (5) With the approval of the Executive Board and the Local membership in turn, appoint all committees of the Local except those otherwise constituted by this Constitution ; (6) With the recommendation of the Chief Steward and with the approval of the Executive Board and Local membership , in turn, appoint the stewards of the Local; (7) From time to time change the membership of Local committees or steward appointments subject to the approval of the Executive Board and the membership, in turn; and, (8) The President may, remove an appointed steward or committee members only for failure to perform the duties of the office or for reasons similar to those in Article VII of this Constitution and subject to approval of the Executive Board . (9) Work to ensure the performance of the other officers of this Local ;
d. In the absence of the President or, in the case of his/her inability to preside, the First, Second, or Third Vice President , in the order named, shall preside at the meetings . Each Vice President shall be assigned specific duties to assist the President in the conduct of the affairs of the Local and to guide and assist chairpersons of committees .
e. The Chief Steward is responsible for overall supervision and maintenance of the Steward Corps. He/she shall conduct, when feasible, a meeting of the Steward Corps at least monthly. He/she should furnish guidance, training and assistance in resolving problems, and coordinate all activities and communications between the stewards and the Local 's Executive Board . The Chief Steward will make recommendations to the President concerning appointments to the Steward Corps .
f. The Secretary shall: 1. Keep an accurate record of all meetings of the Local and of the Executive Board 2. Conduct correspondence of the Local and Executive Board as directed; 3. Keep a record of the correspondence of the Local ; 4. Keep the Constitution and Standing Rules current for ready reference. 5. In the event of the absence of the President and Vice President s, the Secretary shall call the meeting to order promptly as scheduled and conduct election of a temporary chair for the meeting.
g. The Treasurer shall: 1. Be responsible for, and keep a record of all moneys received by the Local and of all disbursements of Local funds; 2. Keep the membership record of the Local and shall give notice to members by mail; through dues collectors, through the Local publication, or as otherwise appropriate as to when dues become payable under Article III of this Constitution ; 3. Prepare and submit the required monthly reports to the National Headquarters , as well as the required reports to members and to Government agencies; 4. Shall deposit all funds to the credit of the Local in such bank or trust company as may be designated by the membership ; 5. Disburse with appropriate countersignature the funds of the Local by check; 6. Have custody of the Official Seal and Charter of the Local and shall receive and report to the Local all applications for membership ; 7. Upon completion of term of office, deliver all moneys, books, records and other property of the Local to the duly elected and installed successor , or other properly designated official. The Local 's financial records shall be kept on a fiscal year basis . The fiscal year shall begin July 1 and end on June 30.
h. (1) No officer or agent of this Local shall, directly or indirectly through his/her spouse , minor child, or otherwise: (a) have or acquire any pecuniary or personal interest which would conflict with his/her fiduciary obligation to this Local ; (b) engage in any business or financial transaction which conflicts with the fiduciary obligation. (2) Actions prohibited by paragraph (a) of this section include, but are not limited to, buying from, selling or leasing directly or indirectly to, or otherwise dealing with this Local , its affiliates, subsidiaries, or trusts in which this Local is interested, or having an interest in a business any part of which consists of such dealings, except bona fide investments exempted from reporting under 5 U.S.C. and implementing regulations. The receipt of salaries and reimbursed expenses for services actually performed or expenses actually incurred is not prohibited.
i. The following oath of office shall be administered to all Local officials by a duly authorized installing officer: "I, , do hereby pledge my loyalty to the National Federation of Federal Employees and sincerely promise to faithfully perform the duties of my office and to abide by the Constitution of this body and the Constitution of the National Federation of Federal Employees; that I will not act in concert with a rival organization to the detriment of this Local or NFFE during my tenure in office; that I will endeavor to advance the interests of the Federation; that I will safeguard all property in my possession while I am in office; that I will assist my successor and deliver to my successor all Local records and property that I may have. To all of this I solemnly pledge by sacred word of honor."
2.3 The Executive Board
Please note that there must be an ODD number of officers to provide for democratic procedures. This section must be consistent with Article 2.2.a.
a. The Executive Board shall be composed of the elected officers of the Local as provided for in Section 2, of this article. In the absence of the President, the First or Second Vice President , in the order named, shall act as Chair of the Executive Board. One more than one half of the voting members of the Executive Board shall constitute a quorum for the transaction of Executive Board business. The Executive Board shall adopt rules governing its own procedures, except that it shall meet at least monthly at the call of the President and at such times as deemed expedient by a majority of the members thereof. Accurate minutes of each meeting shall be kept and read at the next meeting of the Local.
b. The Executive Board shall be the governing body of the Local , with the responsibility to: 1. Recommend the policies of the Local and submit them to the Local membership for action 2. Administer the business of the Local subject to the approval of the Local membership ; 3. Act for the Local in matters arising between meetings of the Local; 4. Consider matters presented for adjustment; 5. Delegate to officers or designees such authority as it may deem appropriate; 6. Have custody of the Local 's funds and property except as otherwise provided for in this Constitution . 7. Ensure that no expenditure above $ is made without prior Board approval. Expenditures above $ will furthermore require prior membership approval. Payment of per capita tax to the National Headquarters does not require a vote of authorization by either the membership or Executive Board , as it is a trust fund due the National Headquarters and thus not Local funds.
c. Furthermore, the Executive Board shall ensure that, in consonance with Article IV of the National Constitution and required reports to members, National Headquarters and Government agencies, a system of records is established and maintained to account for membership gains and losses and funds received and expended. The Board shall ensure that all required reports to Government agencies are submitted and shall furnish or otherwise make available to its members the information required to be contained in such reports and shall furnish or otherwise make available to every Member a copy of its Constitution and Standing Rules. The Board shall be under duty to permit any Member with just cause to examine any books, records and accounts necessary to very such reports, and Constitution and Standing Rules.
d. The Executive Board shall ensure that every officer, agent, steward, other representative or employee who is authorized to handle funds or property of the Local be bonded in conformance with Article IV of the National Constitution . These officials shall be covered by a blanket bond secured by the National Headquarters in an amount agreed upon by the Local and the National Headquarters, but not less than $2,500.00. The premium on such bond shall be paid from the funds of the Local. Further, that members' rights are preserved in accordance with Article VII of the National Constitution.
2.4 Committees. (Parts b, c, e, f, and g may be amended.)
a. The President shall appoint a Membership and Credentials Committee ; a Grievance Committee; an Auditing Committee ; a Finance Committee; a Negotiations Committee; and such other committees as he/she may consider necessary. All committee appointments are subject to ratification by the Local membership after approval of the Executive Board .
b. The Committee on Membership and Credentials shall make determinations as to all questions of eligibility. The Committee shall work persistently to obtain new members and to retain old ones. It shall hold meetings to discuss membership activities, shall promote person to person solicitation, shall be alert to invite new employees to join, shall promote the payment of dues in advance, and shall encourage members who are separated to retain their memberships. It shall promote and encourage members to participate in the payroll deduction of dues to help stabilize membership. It should encourage members to participate in the NFFE sponsored insurance programs. It shall plan and conduct membership campaigns, and shall keep the Executive Board and the Local informed of its plans and progress.
c. The Grievance Committee shall constitute the legal staff of the Local , being versed in the appropriate regulations pertaining to personnel policies and the working environment. The Committee shall receive and investigate grievance questions referred to it by Stewards and/or members; advise on procedures and grievance and appeal questions. The Committee shall refer, with recommendations, unresolvable member/steward disputes or complaints to the Executive Board .
d. It shall be the duty of the Auditing Committee to audit the financial records of the Local as of 30 June each year. The Auditing Committee's written report shall be submitted at the next regular meeting of the Local following each audit, and a copy of the report shall be mailed by the Local to the National Secretary -Treasurer . The Auditing Committee shall make such other audits as it may deem necessary, or as the Executive Board may authorize or direct. In making an audit, the Auditing Committee shall ascertain and report whether all per capita tax due the National Headquarters has been remitted to the National Secretary-Treasurer. The Auditing Committee shall ensure that all officials are properly bonded .
e. A Finance Committee composed of the Treasurer and two other members shall be appointed by the President promptly after each annual meeting. It shall be the duty of this Committee to prepare a budget for the fiscal year beginning the first day of July, and to submit it to the Local at its regular meeting in August, the Finance Committee can from time to time submit supplements to the budget for the current fiscal year.
f. The Negotiations Committee shall be composed of at least three members and shall be responsible for all negotiations with the top level of management. The Committee shall prepare a memorandum of record for each action consummated. All actions shall be reported to the Executive Board and the Local membership , in turn, as soon as possible. The Negotiations Committee shall be the watchdog of the Local's agreement with management. It shall also be responsible for developing agreement revisions and supplements as necessary.
g. The Steward Corps will be composed of the necessary number of stewards to effectively represent employees in the union in consonance with the Labor Management Agreement. Stewards are appointed officials of the Local and will be established at each management level, such as first level supervisor, Branch, Division, Group, etc., to the extent feasible. Stewards shall be recommended by the Chief Steward according to qualifications and desires of the personnel in the representative unit and appointed by the President, subject to approval of the Executive Board and Local membership , in turn. The Steward is responsible for representing the personnel of his/her unit to the Local and to management at his/her level. The Steward is the Local's representative for his/her unit and shall strive for 100% membership and communicate the Local's goals accomplishments and operation to the members. The Steward shall consult with management officials at his/her level, constructively relating to the position of the majority of the people. The Steward shall objectively and sincerely represent personnel from within his/her designated unit regarding dissatisfactions, adverse actions, etc.
3.1 Any person eligible for membership under Article IV Section 1 of the National Constitution is eligible for membership in this Local . No eligible person shall be denied membership in this Local because of race, color, sex, creed or national origin. No individual advocating overthrow of the Government of the United States of America shall be eligible for membership or to retain membership in this Local.
a. Each applicant for membership who is a Member of a bargaining unit represented by the Local shall automatically be accepted into membership upon payment of the applicable dues or submission of a valid signed dues withholding request, unless such applicant has been excluded from membership by a disciplinary action under the Constitution of their Local, the National or other subordinate body of the Federation , or as provided by applicable laws, regulations and Constitutions of this Local or the National. The Local may require that each applicant who is a supervisor or manager or is otherwise outside the bargaining unit be recommended by a Member in good standing and be elected to membership by a majority vote at a regular meeting of the Local. No Member of this exclusive unit may be denied membership except as provided by 5 U.S.C. 7116(c) (nonpayment of dues) or as provided above.
b. A [Regular or Benefit] Member of this Local , including one separated or retired from Government service, but not including a supervisor, management official or confidential employee as defined in 5 U.S.C. 7103, shall upon continuing to pay full dues , be eligible for election as an officer of this Local and shall be eligible for election as a delegate to National, State and/or Council Conventions of this Federation and election as National, State Federation and Council officers . Any [Regular or Benefit] Member will be dropped from membership upon failure to pay the appropriate dues and, if applicable, have suspended his/her insurance benefits. However, any Member dropped under this provision shall be eligible for reinstatement to full membership by paying the appropriate back dues and advance dues; Provided, That employees of the bargaining unit represented by this Local shall always be eligible for membership except as otherwise provided herein and the National Constitution .
c. No person may hold office in this Local who has been convicted of, or who has served any part of a prison term resulting from his conviction of, violating 18 U.S.C. 1001 by making a false statement in any report required to be filed pursuant to 5 U.S.C. 7120, the "Standards of Conduct for Labor Organizations."
d. A [Regular or Benefit] Member may, upon retirement or separation from the service, continue as such as long as he/she pays such dues . However, if he/she does not wish to continue as such and ceases to pay Regular or Benefit Member dues, he/she may become a Local Associate Member or a Benefit Local Associate Member by payment of the appropriate dues in advance. Where an Associate Membership has lapsed for 30 days or less because of nonpayment of dues, the desired membership may be reinstated by payment of appropriate dues in advance. An Associate Member may not vote or hold office.
3.2 Revenues The revenues of this Local shall be obtained through donations; fund raising projects; receipts from rentals; investments; sales; duplicating and mailing services and dues of Members:
a. The dues of the Local are established in accordance with Article III, Section 3 of this Constitution and Article IV, Section 3b of the National Constitution except as provided in (b) below, and may only be increased above the minimum required by the National Constitution by the membership of the Local in accordance with Article VIII, Section 2 and Article XII. .
Locals are strongly encouraged to add the following language. Locals that choose to add this language should increase dues by at least 2% annually to bring them into accordance with dues increases required by the National Constitution . All Locals are encouraged to provide for an increase greater than 2% annually. The surplus should be used to augment the local budget :
Local dues will automatically increase by ____% annually as of the first full pay period of the year. Any other increases in dues must be authorized by an amendment to this Constitution enacted by a secret ballot vote of the membership .
Or Local s may add the following language at their option.
b. Whenever the national per capita tax is raised by action of the National Biennial Convention or otherwise, the Local Ęs dues will automatically be raised by an equal amount. Any other increases in dues must be authorized by an amendment to this Constitution in which the vote is by secret ballot .
3.3 The Local shall be composed of the following types of members and members shall pay in advance as specified.
Please choose between the following two (2) membership options. Please note, at other points in this Model Constitution you will find the words "[Regular or Benefit]" members in bold type. This is asking you to indicate either "Regular" or "Benefit" depending on the choice you have made here.
note: The National Constitution requires locals to collect at least $0.50 more than the amount required as a per capita payment to the National Headquarters Local s are encouraged to add more than $0.50 to membersĘ dues in order to adequately fund the LocalĘs operations. In article 3.2, you are asked to define percentage dues will increase each year.
note: Local s that are severely in arrears must BOTH raise dues to the minimum shown AND provide for additional revenue sufficient to eliminate the localĘs debt within a reasonable amount of time. Please contact the National Secretary -Treasurer Ęs office to work out an appropriate schedule.
a. Regular Member . One who pays full membership dues and is entitled to participate actively in all Local affairs. Dues will be paid in advance and shall be for a Benefit Member pay $ ______ [annually/semi-annually/quarterly/monthly/per pay period] of which $______[See column A] per capita as of required by Article IV of the National Constitution as a trust fund due the National Headquarters for per capita payments. The Local may reduce dues to employees hired on a temporary or "when actually employed" basis during those periods when they are not employed to not less than two dollars per month. Each such period must be at least one month long, and the total period or reduced dues per fiscal year shall not exceed six months. During such periods, the Local will remit to the National Headquarters not less than half of such members' dues as a per capita tax , and in no case less than one dollar per month, and the Member will retain full or membership status.
Local s that are severely in arrears must BOTH raise dues to the minimum shown AND provide for additional revenue sufficient to eliminate the localĘs debt within a reasonable amount of time. Please contact the National Secretary -Treasurer Ęs office to work out an appropriate schedule.
a. Benefit Member A Regular Member who qualifies to participate in the group accident insurance program. A Benefit Member's insurance premium included in his/her dues and all members, including associate members, are included under the accident insurance program. Dues will be paid in advance and shall be for a Benefit Member pay $ ______ [annually/semi-annually/quarterly/monthly/per pay period] of which $______[See column A] per capita tax as of ______ [current year] required by Article IV of the National Constitution (Group Accident Program), is a trust fund due the National Headquarters for per capita tax payments. The Local may reduce dues to employees hired on a temporary or "when actually employed" basis during those periods when they are not employed to not less than two dollars per month. Each such period must be at least one month long, and the total period of reduced dues per fiscal year shall not exceed six months. During such periods, the Local will remit to the National not less than half of such members' dues as a per capita tax, and in no case less than one dollar per month, and the Member will retain full membership status.
Local must have EITHER Regular or Benefit members.
b. Associate Member (1) A retired or separated Regular Member who has elected to remain a Member of NFFE but does not desire to remain active or hold an office in the Local . Dues for an associate Member shall be $ per annum, of which $10.00 per annum shall be remitted to the National Headquarters .
b. Associate Benefit Member (1) A retired or separated Benefit Member who has elected to remain a Member of NFFE but does not desire to remain active or hold an office in the Local . Dues for an Associate Benefit Member shall be $ per annum of which $16.00 (Group Accident Program), per annum shall be remitted to the National Headquarters . (2) Spouses and other surviving annuitants of deceased members may elect to be carried as Associate Members of the Local similarly to, and in accordance with, the requirements found in Article IV, Section 5c (2) of the NFFE National Constitution in order that NFFE insurance coverage be maintained.
c. Auxiliary Member Spouses or immediate family members of Members may become Members of an auxiliary Local group. Membership may be as a Regular Auxiliary or a Key Auxiliary Member. Key auxiliary members will receive such newsletters, news bulletins and other information material that the National Headquarters may send them. In the event of the death of a member, the spouse may continue as an Auxiliary Member as long as the required dues are paid. Auxiliary Members may not vote or hold office in the Local. (1) Auxiliary Member The dues for an auxiliary Member shall be $ ___ per annum, of which $1.00 per annum shall be remitted to the National Headquarters . (2) Key Auxiliary Member The dues for a Key Auxiliary Member shall be $ ___ per annum, of which $5.00 per annum shall be remitted to the National Headquarters .
d. Honorary Member Any person not eligible for membership may be elected by a Local to honorary membership; Provided, That the Local shall pay the appropriate membership fee to the National Headquarters . Such honorary membership shall carry with it no right to vote or hold office. The dues for an honorary Member are $4.00 per annum and $10.00 per annum for a benefit honorary member. Such dues shall be paid by the Local to the National Headquarters.
Please note that Local must indicate a regular meeting date, and regular Executive Board meeting date and indicate the number of members that constitutes a quorum .
4.1 The Regular meeting of the Local shall be held on the ____ of each month, unless otherwise ordered by the Local or the Executive Board .
4.2 The Regular meeting in June shall be known as the annual meeting and shall be for the purpose of installing officers , receiving reports of officers and committees , and for other business that may arise.
4.3 Special meetings may be called by the President or by action of the Executive Board and shall be called upon the written request of ten (10) members of the Local . The purpose of the meeting shall be stated in the call. Except in the case of emergency, at least five (5) days' notice shall be given.
Local s must indicate a number of members that will constitute a quorum . generally the number is between five and fifteen.
4.4 _______ members of the Local shall constitute a quorum .
4.5 Summary minutes shall be recorded by the Local Secretary or other appropriate official of each official Local membership meeting or Executive Board meeting. Minutes of the most recent membership meeting and Executive Board meeting shall be read at each official Local meeting. Approval of Local membership meeting minutes is required.
4.6 The Local Executive Board will meet on the ___ of each month or at the call of the President or a majority of its members.
5.1 All officers of this Local shall be elected in accordance with this Constitution , 5 U.S.C. and Department of Labor regulations. The election shall be by secret ballot once every ___ year(s).
a. This Local shall comply with all reasonable requests of any candidate for office to distribute by mail or otherwise, at the candidate's expense, campaign literature in aid of such person's candidacy to all members in good standing.
b. This Local shall refrain from discrimination in favor of or against any candidate with respect to the lists of members or distribution of campaign literature. Distribution at the request of any bona fide candidate shall be made with equal treatment as to the expense of such distribution.
c. Adequate safeguards to ensure a fair election shall be provided, including the right of any candidate to have an observer at the counting of the ballots.
d. Reasonable opportunity shall be given for the nomination of candidates including timely notice to all members sufficiently in advance of the offices to be filled as well as the time, place and method for submitting nominations. Notice of nomination may be given by mail to the last known address of all members eligible to vote within a reasonable time prior to the date for making nomination or though timely and prominent notice in the Local 's newsletter or both.
Every [Regular or Benefit] Member in good standing shall be eligible to be a candidate and to hold office and shall have the right to vote for or otherwise support the candidate or candidates of his/her choice, without being subject to penalty, discipline , or improper interference or reprisal of any kind by the Local or any Member thereof.
Please note, you must choose one of the three (3) methods of conducting an election.
e. Not less than fifteen days prior to the election, notice thereof shall be mailed to each Member at his/her last known home address. Each [Regular or Benefit] Member shall be entitled to one vote . Voting may be accomplished [(1) at the election meeting, (2) at polling place(s) open during such non duty hours as to permit all eligible members the opportunity to vote, or (3) by Mail ballot]. No Member whose dues have been withheld by an Agency pursuant to his/her voluntary authorization shall be declared ineligible to vote or be a candidate for office by reason of alleged delay or default in the payment of dues. The votes cast shall be counted, and the results published, separately. The ballots and records pertaining to the election shall be preserved for one year. In the event of unopposed candidates, election may be by acclamation rather than by secret ballot , provided that write-in votes are not permitted and all other requirements of this article are met.
Delegates and alternates to the biennial Convention of the National Federation of Federal Employees The Local Membership must decide at a Membership meeting whether the Local will send delegates to the National Convention. Local members must receive fifteen days notice that this referendum will take place. A decision not to send delegates requires a majority vote achieved by a secret ballot of the membership .
Please note, Local s must either: (1) provide for the election of delegates to the National Convention ; OR (2) automatically appoint certain Local Officers as delegates .
Local s are encouraged to automatically appoint Local officers as delegates .
5.2 Delegate(s) to the biennial Convention of the National Federation of Federal Employees shall be the following elected officers of the Local : President, Vice President (s), Chief Steward , Treasurer , Secretary [Local must select and list in list order of preference]. They shall serve in the order selected by the local. Nothing stated herein shall prohibit the membership at the election of the membership from electing replacement, additional or joint delegates to the Convention.
if your local chooses to elect delegates you must: (1) Indicate the month in which the nomination and election will take place, AND (2) Indicate whether the election will be decided by a majority or a plurality.
The Local President will appoint a member of the local to coordinate the election of delegates to the National Convention . The nomination of delegates will take place in the month of __________ of each Convention year. The election of delegates will take place in the month of ___________. Members must receive written notice of the election of delegates at least fifteen days in advance of the election of delegates. A [majority/plurality] is required to elect. Members in good standing of another NFFE Local who will attend the National Convention as a delegate of his/her Local shall be eligible to be a candidate for delegate of this Local.
5.3 Delegates or representatives to other Conventions which elect delegates to the National Convention must be elected in the same manner as set forth in Section 1 of this Article.
5.4 Candidates for elective positions shall be nominated at the regular meeting in April, elected at the regular meeting in May, and installed at the regular meeting in June each year.
Please choose one of the following options for electing Local officers .
A majority vote is required to elect. If a majority is not obtained, the two individuals receiving the greatest number of votes will have their names placed on the run off ballot, and voting will continue, in accordance with appropriate law and regulations for those office(s) for which a majority vote was not obtained.
A plurality vote is required to elect. The individual with the highest number of votes is elected. A tie will require a runoff.
5.5 No Member shall hold more than one office at a time.
5.6 Any Member who desires to protest the election of Local Executive Officers or delegates must do so within ten calendar days after the official notice of the election results is posted. The protest must be filed with the Local Executive Board. The Executive Board shall reply within 15 calendar days of the protest. If not satisfied with the resolution of the protest, it may be appealed to the National Executive Council but not later than 25 calendar days after the Local Executive Board decision.
5.7 In the event an office becomes vacant prior to expiration of a term of office, the Executive Board will appoint an eligible Member to complete the term of office. Such appointment will be subject to the approval of the Local membership at the next membership meeting.
5.8 No [Regular or Benefit] Member who is a supervisor, management official or confidential employee as defined in 5 U.S.C. 7103 may nominate candidates , hold office or vote in Local officer elections.
6.1 Discipline or removal of a Local officer
a. A Local officer may be removed for misconduct in office. Under this section, any conduct detrimental to the best interests of the Federation shall be cause for discipline and/or removal and includes but is not limited to: (1) Violations of the oath of office , Standards of Conduct for Labor Organizations (5 U.S.C. 7120), or this Constitution ; (2) Violations of the Constitution of the National Federation of Federal Employees ; (3) Advocating, encouraging or attempting to bring about a secession from the Federation of any Local or of any Member or group of members; (4) Working in the interest of, or becoming a Member of the Communist Party or any other organization which advocates overthrow of the democratic form of government under which our members live. Penalty for conviction under this subparagraph shall be expulsion; (5) Willfully, with intent to cause harm, making known the business of any affiliate of the Federation to management officials of any agency or other persons not entitled to such knowledge; and, (6) Assisting, counseling or aiding any Member or officer to commit any of the offenses set forth herein.
b. Elected officials of this Local may not be removed from office during their elected term except through the procedures of this Constitution or the Constitution of the National Federation of Federal Employees . Officers enjoy the normal rights and privileges of membership and are protected in their exercise. The Executive Board may temporarily suspend the accused from performing Local functions for good cause pending the outcome of the hearing , only where specific instances of financial misconduct are alleged, such suspension to be effective immediately. The accused will be notified in writing immediately after action by the Board.
c. Charges against a Local officer must be filed in writing with the Local President and must specify the actions of the accused that allegedly constitute misconduct . The accused Local officer shall be served with a copy of the charges. If the charges are filed against the Local President, they must be filed in writing with each Member of the Local Executive Board . The Executive Board shall then meet and elect a chair to carry out the following process in place of the Local President. If approved by the trustee, charges pending against any Local officer at the time a trusteeship is imposed may be processed in accordance with the provisions of this Article by those members who constituted the Local Executive Board at the time of the trusteeship.
d. Upon receipt of charges against a Local officer, the Local President shall appoint a committee of at least three (3) people to conduct a fair and impartial investigation of the charges. This committee shall report its findings of fact to the Local President as soon as possible, but in any case within (15) fifteen days. If the Local President finds that there is no basis in fact for the charges, he/she may dismiss the charges; Provided, That such dismissal may be appealed by the charging party to the Local Executive Board .
e. If the Local President finds a basis in fact or has a question concerning the facts, he/she shall issue notice of hearing with such hearing to be conducted by the Local Executive Board. A hearing under this section must be preceded by a written notice to the charged party, sent via certified mail to his/her last know home address at least (15) fifteen days prior to the hearing date. The notice shall state at a minimum the date, time and place of the hearing and the specific violations of which the accused has been charged. The Local Executive Board will serve as the hearing board and will keep a summary record of the proceeding. In cases where members of the Executive Board have brought the charges, the Local shall elect a committee of three Local members to serve as the hearing board in accordance with this Article.
f. The charged and charging parties shall be allowed full participation in the hearing . The accused will have the right to be represented by a representative of his/her choosing, except that a Manager or supervisor in any activity where the Local holds exclusive recognition or a representative of a rival labor organization may not be selected, nor present in any capacity at the hearing. Further, an officer or representative of a competitive labor organization may not be present during a proceeding.
g. The Executive Board shall have full authority to make findings of guilt and to administer discipline ; such actions to be accomplished in a democratic fashion based on the facts set forth during the hearing . Any penalties administered under this section will be fairly and equally applied. The charged party may not participate in the actions of the Executive Board in deciding guilt or administering discipline. The Executive Board may temporarily suspend the accused from performing Local functions for good cause pending the outcome of the hearing, only where financial misconduct is alleged.
h. The actions of the Local Executive Board may be appealed by either the charged or charging party in writing to the National President within 30 days of the date of notification of the Board's decision. A decision of the National President may be appealed in writing to the National Executive Council within 30 days of receipt of such decision. The National Executive Council will consider such an appeal at the Council's next regular session. The National President or, in turn, the National Executive Council, may upon full consideration of the record affirm, modify, or revoke the action of the Local Executive Board only when the decision was arbitrary, capricious, illegal or not supported by the facts. The Local shall forward the complete record of the case to the National President upon notification of any appeal under this section.
6.2 Discipline or removal of a member
a. A Local Member may be removed and/or disciplined for misconduct . Under this section, any conduct detrimental to the best interests of the Federation shall be cause for discipline and/or removal and includes but is not limited to those violations listed in Section 1.a. of this Article (excluding oath of office violations).
b. No Member shall be suspended, expelled, or otherwise disciplined except for nonpayment of dues or by any officer unless such Member has been: (1) Served with written specific charges; (2) Given a reasonable time to prepare his/her defense; and (3) Afforded a fair hearing as provided herein.
c. Charges Against a Member : Charges against a Member must be referred in writing by another Member of this Federation . They must be filed with the President of the Local and must specify the acts or statements detrimental to the best interests of the National Federation of Federal Employees . (1) A copy of such charges must be furnished the accused by the accuser, and a written statement that he/she has done so must be made by the accuser on the copy of the charges filed with the President of the Local . (2) The charges must be brought to the attention of the Executive Board of the Local by the President and that Board shall set a date for the hearing and shall hear such charges after the accused has been given (15) fifteen days' notice of the date set for the hearing. Both the accuser and the accused may appear in person and each may produce witnesses. The accused may be represented by a person of his/her own choosing, except that managers and supervisors of any Federal activity where this Local holds exclusive recognition may not serve as representatives. Further, officers or representatives of competitive labor organizations may not be present during the proceeding. If without good cause the accuser and witnesses against fail to appear on the date set for the hearing , the charges against the accused shall be dismissed. Charges may be sustained, in whole or in part, by vote of a quorum of the Executive Board. (3) The accused may be reprimanded, suspended from membership for a specific time, or expelled. Either the charged or charging party has the right to appeal from the Local 's action to the National President within 30 days of the date of notification . If the action is appealed, it may not be enforced pending the National President's decision.
d. A decision of the National President under Section 2.c(3) of this Article may be appealed in writing to the National Executive Council , to be considered at the next regular session of the Council. The National Executive Council may affirm, modify or revoke the action of the National President only when the decision was arbitrary, capricious, illegal, or not supported by the facts.
ARTICLE VII 7.1 Any officer, delegate , or other elected representative this Local may be recalled prior to expiration of his/her term of office. 7.2 A recall action will be effected upon petition of one third of the members in the Local . Such petition will be served upon the President of the Local and accused elected officer; Provided, That in the event of the recall of the Local President, the petition will be served on the first Vice President and the Secretary . The Local Treasurer will verify that the petition is signed by not less than one third of the Local membership . 7.3 Upon verification of the recall petition by the Treasurer , the Executive Board of this Local , acting in a regular or special meeting, shall establish arrangements and procedures to conduct a recall election. The accused may observe the proceedings if he/she desires and so requests in writing. As a minimum, those procedures shall include: a. A special written notice of the recall election mailed to the last known address of each Member at least fifteen (15) days in advance of the election, specifying the time, date and place of the election and the officer/office subject to the recall action; b. A reasonable opportunity for each Member in good standing to vote a secret ballot ; and c. A clearly marked ballot which sets forth the choices inherent in the election, for or against removal of the officer. 7.4 Upon completion of the voting, an impartial committee of election tellers shall certify the results. A recall action may not be taken against any officer more than once each term in office. 7.5 Any office vacated under this section shall be filled under the terms of the Constitution .
8.1 Equal rights Every Member of this Local shall have equal rights and privileges to nominate candidates , to vote in elections or referendums of the Local, to attend membership meetings and to participate in the deliberations and voting upon the business of such meetings, subject to reasonable rules and regulations in this Constitution and Bylaws. Provided, That supervisors, management officials and confidential employees as defined in 5 U.S.C. 7103 may not nominate candidates, hold office or vote in Local officer elections or vote on matters concerning representation in an exclusive bargaining unit.
8.2 The rates of dues and initiation fees payable by members shall not be increased, except by majority vote by secret ballot after reasonable notice of the intention to vote upon such question has been given to the membership in accordance with this Constitution .
8.3 No limits shall be placed upon the right of any Regular Member to institute an action in any court, or in a proceeding before an administrative agency except as provided in this Constitution , or the right of any members of this Local to appear as a witness in any judicial, administrative, or legislative proceeding, or to petition any legislature or to communicate with any legislator; Provided, That any such Member may be required to exhaust reasonable hearing procedures set forth in this Constitution before instituting legal or administrative proceedings against the Local or any officer thereof.
8.4 Neither this Local nor any officer, steward, or other representative or any employee thereof shall suspend, expel, or otherwise discipline any of its members for exercising any right to which he/she is entitled under the provisions of the pertinent Civil Service Reform Act of 1978, Labor Management Relations, or the Federal Standards of Conduct for Labor Organizations. No person shall use, conspire to use, or threaten to use force or violence to restrain, coerce, or intimidate, or attempt to restrain, coerce, or intimidate any Member of this Local for the purpose of interfering with or preventing the exercise of any right to which he/she is entitled under 5 U.S.C. and implementing regulations.
8.5 This Local shall not directly or indirectly make any loan to any officer or employee.
8.6 Every Regular and Benefit Member shall have the right to meet and assemble freely with other members and to express any views, arguments, or opinions and to express at meetings of the Local his/her views upon candidates in a Local election or upon any business properly before the meeting, subject to established and reasonable rules pertaining to the conduct of meetings ; Provided, That nothing herein shall be construed to impair the right of the Local to adopt and enforce reasonable rules as to the responsibility of every Member toward the Local as an institution and to his/her refraining from conduct that would interfere with its performance of its legal or contractual obligations.
8.7 The Local shall furnish a copy of each agreement to any unit employee who requests such copy and whose rights are directly affected by such agreement. The Local shall maintain copies of any such agreement, more of which shall be available for inspection by any Member or by any employee whose rights are affected by such agreement.
ARTICLE IX Article X of the National Constitution is hereby incorporated in this Local Constitution by reference.
This Article may be amended.
10.1 An arbitration fund is hereby established. All Local members become participants in the fund automatically. Non-members may voluntarily become participants in the fund. The purpose of the fund is to defray all or part of the Local's share of the cost of arbitration invoked on behalf of fund participants. The fund's assets will be maintained in an interest bearing account in a financial institution to be designated by the Local Executive Board . Only fund participants may receive any benefits from the fund.
Please choose one of the following three (3) entrance fee options.
10.2 An entrance fee of $ will be required of all fund participants. The Local may not pay the entrance fee for any participant from membership dues or other general treasury funds. Fund participants must pay the entrance fee by cash , check or money order (payable to Local Arbitration Fund) directly to the Local Secretary -Treasurer . A receipt will be provided for said fee to all fund participants. An entrance fee of $ will be transferred from the Local 's general treasury to the fund for all fund participants, both Local members and non members. Such transfer will take place in the first month of an individual's participation.
No separate entrance fee will be required for any fund participants.
10.3 Monthly dues for the fund will be $ . The Local will transfer this amount to the fund each month from membership dues it receives from each Local Member in good standing . Non-member participants must pay this amount by cash , check, or money order (payable to Local Arbitration Fund) directly to the Local Secretary -Treasurer . Non-member participants may pay dues to the fund on a six month or annual basis. A receipt will be provided for said dues to all fund participants.
10.4 Fund participants more than 30 days in arrears will be considered delinquent. Reentry into the fund by such individuals will require a reinstatement fee of $ , as well as the payment of all delinquent dues to the Local or the fund. If an individual remains delinquent for more than 12 months, he/she will have to pay a new entrance fee to be reinstated. The Local will not pay a second entrance fee on behalf of any Member who becomes delinquent. In such cases the Member will pay the entrance fee.
10.5 No participant may receive any benefit from the fund until he/she has been a participant for _______ [Please indicate the amount of time required]. No participant found to be delinquent may receive any benefit from the fund until he/she has paid the required reinstatement fee along with all delinquent dues .
10.6 No moneys will be expended from the fund unless the Local has invoked arbitration in accordance with the relevant collective bargaining agreement .
a. The Grievance Committee will make decisions on invoking arbitration. Special meetings will be called if necessary. Meetings to discuss such questions will be open, during which the grievant as well as the steward or Local official who handled the case will be permitted to present his/her views. The Committee will base its decisions about invoking arbitration upon: (1) The merits of the case; (2) The amount in the arbitration fund ; (3) The effect of a decision on the Local 's prestige; and, (4) The effect on the interests of the unit as a whole. In deciding which cases to take to arbitration, the Grievance Committee shall be mindful of the duty of fair representation imposed by Title VII of the Civil Service Reform Act of 1978. No case shall be refused simply because it is brought by a non-member of the Local .
b. The Committee will issue a written decision on any request to invoke arbitration. If the Committee decides against the arbitration, it will explain its reasons.
c. A decision of the Grievance Committee not to invoke arbitration may be appealed to the Executive Board . Special meetings will be called if necessary. A majority of those board members voting can overturn the Committee's decision and require the Local President to invoke arbitration.
10.7 Please choose one of the following two (2) funding options.
a. The Grievance committee may determine that a particular grievance ought to go to arbitration but that a decision will affect only the grievant and does not meet the criteria in Section 6 above. In such cases, the Committee may vote to invoke arbitration provided the grievant pays all of the Local 's share of the cost of arbitration.
a. The grievant pays the Local 's share of the cost of arbitration after the first $ ___ which will be paid from the fund if the grievant is a participant in the fund. However, in no case will a non participant receive any benefits from the fund.
b. If a grievant decides to pay the Local 's share of the arbitration costs, he/she will sign an agreement with the Local to that effect. This agreement will be executed prior to the Local's invoking arbitration and after the Local gives the grievant an estimate of the costs.
c. No later than the cancellation deadline set by the arbitrator, the grievant shall pay to the Local a sum that the Local requests to cover the estimated cost of arbitration. The Local will place this sum in escrow . The grievant's obligation will be paid from this sum. If additional funds are needed, the grievant shall provide them. Any surplus in the escrow account will be refunded to the grievant as soon as possible.
d. No participant will be asked to contribute to the cost of arbitration simply because he/she is a non-member of the Local .
ARTICLE XI The rules contained in the current edition of Robert's Rules of Order , Newly Revised, shall govern in all cases to which they are applicable and in which they are not inconsistent with this Constitution and any special rules of order this organization may adopt.
ARTICLE XII This Constitution may be amended at any meeting of the Local by a majority vote of the members present and voting; Provided, That such amendment has been introduced not less than one month prior hereto at a regular meeting of the Local, and due notice thereof shall have been given to all members in good standing; and Provided further, That such amendment has been approved by the National President . This Constitution , approved by the National President , is adopted by the Local in accordance with provisions of the National Constitution. A copy of minutes of the meeting held by the Local, reflecting the number and types of offices, dues established, meeting dates and any other pertinent information must be forwarded to the National Headquarters promptly. Likewise, a copy of minutes of the Local meeting at which changes are made as to the number and types of officers , dues established, meeting dates and other pertinent information must be forwarded to the National Headquarters promptly.
APPENDIX B National Federation of Federal Employees (may be amended)
ARTICLE I The order of business shall be as follows, unless suspended by a majority vote of the members present:
1. Calling the meeting to order
ARTICLE II Except as provided in the Constitution of this Local and these Standing Rules, Robert's Rules of Order , Newly Revised, shall govern the procedures of this Local.
ARTICLE III These Standing Rules may be amended at any meeting of the Local by a majority vote of the members present and voting; Provided, That such amendment has been introduced not less than one month prior thereto at a regular meeting of the Local and that due notice thereof shall have been given to all members in good standing.