Nebraska Association of Public Employees

NEW Bylaws

 

 

 

 

 

 

 

 

 

 

 

 

 

NEBRASKA ASSOCIATION OF PUBLIC EMPLOYEES

 

AFSCME LOCAL 61

 

BYLAWS

 

PREAMBLE

 

We the Union of the Nebraska Association of Public Employees set forth these constitutional bylaws in order to provide equal and fair representation for all Union members.  As the Union represents the membership as a whole, each member represents the whole Union.  The concerns, issues and challenges this Union endures for its membership will be the same responsibility for each member towards the Union.  United as one in solidarity, we will accomplish the common goals of our Union.

 

 

ARTICLE I

GENERAL

            Section 1.  Name:  The name of the Union shall be the Nebraska Association of Public Employees, Local No. 61, AFSCME, AFL-CIO.

            Section 2.  Affiliations:  This Union shall be affiliated with AFSCME, AFL-CIO and the Nebraska state organization of the AFL-CIO and the appropriate central bodies of the AFL-CIO.

Section 3.       Fiscal and Administrative Year:  The fiscal and administrative year for the union shall be from July 1 through June 30.           

ARTICLE II

MEMBERSHIP

            Section 1.  Membership:  There shall be three (3) classes of membership:  Active membership, Associate membership, and Retiree membership.

  1. Active Membership:  All state employees in the State of Nebraska and employees of the Richardson County Road Department and the City of Beatrice and Bellevue shall be eligible for Active membership with all the privileges thereunto pertaining, including the right to vote and hold office, upon payment of membership dues.
  2. Associate Membership:  Employees of this union may become members of the union, but such members shall not be eligible to vote or hold local or district office.
  3. Retiree Membership:  Active and Associate members who have retired shall be eligible for Retiree membership.  Retiree membership may be granted to any retired member or their spouse. Retired members shall not have the right to vote, hold office or chair committees within the local union.
  4. Withdrawal from Membership:  Any   active  eligible  member wishing  to  withdraw from   the  union  may  only  do  so   by  submitting  a  notice of withdrawal  to     the NAPE/AFSCME office which is postmarked or received during the time period June 1 – June 30 of any calendar year.  A member may withdraw at any time under the following circumstances:

1.         If the member is separated from service with the employing agency.

2.         If the member becomes ineligible for membership in the local union as a result of a promotion, demotion, or transfer.

3.         If the member retires.

4.         If the member enters military service.

Section 2.  Dues, Fees and Assessments: 

  1. Initiation Fee:  There shall be no initiation fee levied at the time of enrollment as a member of the union.
  2. Membership Dues:  Dues for all classes of membership except Retiree membership shall be at 1.25% of a member’s monthly base salary, with a minimum of $10.00 per month and a maximum of $37.00 per month, increased to $39.00 per month effective October 1, 2010.  Retiree dues shall be $20.00 per year.
  3. Assessments:  No special assessments on members shall be levied except upon a majority vote of those members voting in a special ballot of the membership or by a majority of the delegates to the biennial convention.

Section 3.  Timely Dues Payment. Voting Privileges. Suspension and Reinstatement:

  1. Any member failing to pay dues within 30 days after the expiration of the last month paid shall forfeit all voting privileges within the union except that when a member is unemployed for more than twenty days in any calendar month and does not receive unemployment compensation or sick leave pay or other remuneration, such unemployed member may be entitled to credit for membership dues for the period of unemployment but not to exceed six months in any calendar year.
  2. Suspension for Non-Payment of Dues:  Any members who fail to pay their dues within 30 (thirty) days after expiration of the last month paid shall be notified in writing that they are in arrears.  If the members fail to remit their dues within 30 days thereafter, they shall be considered suspended.
  3. Reinstatement of Suspended Members:  A previous member may be reinstated upon his or her agreement to be placed on payroll deduction or pay cash in advance for a period of not less than twelve months, without being required to pay any dues in arrears.
  4. Reinstated Member:  Any reinstated member shall be given the same status as new member.

ARTICLE III

MEETINGS OF THE UNION

            Section 1.  Open Meetings:  All meetings of the union shall be open to any member of the union.

Section 2.  Regular meetings of this local shall be held at least once in each even numbered year following the election of the board of directors, at a time and place to be fixed by the board of directors. At this meeting the election committee shall make its report to the membership. At least 2% members in good standing shall be present to constitute a quorum.

            Section 3.  Districts meetings shall be held on a monthly basis and no less than 10 times a year, at a time and place to be fixed by the district executive board. 

Section 4.       Special meetings of this local may be called by the chairman, the board of directors or by petition filed with the chairman and signed by 55% of the members of the local.  Special meetings of a district may be called by the district president, the district executive board or by petition filed with the district president and signed by 55% of the members of the district. Notice of the meeting and the business to be transacted shall be provided to the membership of the local or district, whichever is applicable, at least 15 days prior to such meeting.

            Section 5.       Meetings of the delegate assembly at biennial conventions and special meetings shall be held in accordance with the provisions of Article IV of these bylaws.

            Section 6        Records:  Minutes and records of all union proceedings shall be open for inspection by the membership.

ARTICLE IV

CONVENTIONS

 

Section 1.  Biennial Convention Meeting: The biennial convention meeting of this union shall be held between June and October of each odd numbered year at a time and place designated by the board of directors.  When in session the convention delegate assembly shall have the authority to determine the policies and direction of the union.

            Section 2.       Delegate Assembly

  1. Voting at Biennial Convention:  Only duly authorized delegates or their alternates shall be entitled to vote at biennial convention meetings or special meetings of the delegate assembly.  The vote at such meetings shall be taken verbally on all questions; however a roll call vote or written ballot shall be taken whenever requested by at least 25% of the registered delegates.
    1. Delegate Representation:  The basis of delegate representation at a convention shall be the number of dues paying members in good standing within a district in the month of January preceding the convention. Delegate apportionment within each district shall be as follows:

Members in Good Standing                        Delegates

            1 to 50                                                            2

            51 to 100                                                        3

            101 to 200                                                     4

            201 to 300                                                     5

            301 to 400                                                     6

            401 to 500                                                     7

More than 500                                   One delegate for each additional 500 members or fraction thereof

Regardless of the number of delegates, districts shall be entitled to vote on the basis of one vote for each member in all roll-call votes before the convention.  Districts entitled to more than one delegate may send fewer than their quota of delegates and the delegates present may cast the entire vote of the local on all recorded votes coming before the convention.  The number of votes shall be divided equally among the delegates, with any remaining votes to be cast by the chairman of the delegation, as designated by the district.  No factional votes shall be permitted.

All members of the board of directors shall be automatic delegates to the biennial convention.  Any director who is not elected as a delegate representing a district shall nevertheless be entitled to all the rights and privileges of a delegate except the right to vote.

Each delegate must be a member in good standing at the time of the Convention.  No delegate may represent more than one district. Districts, if they wish, may elect one alternate for each delegate.

 Section 3.      Notice: Notice of the biennial convention, copies of the agenda and proposed resolutions shall be mailed to the union delegates no later than four (4) weeks prior to the date of the meeting. 

Section 4.       Resolutions:  Resolutions for consideration by the biennial convention shall be submitted by a district, the board of directors, or a duly elected delegate and must be delivered to the local union office in the proper form by five (5) weeks prior to the biennial convention.  The secretary of the union will notify districts in writing twelve (12) weeks prior to the biennial convention that resolutions are due.  Resolutions will be reviewed and consolidated where appropriate.

Section 5.  Special Meetings of the Delegate Assembly:  A special meeting of the delegate assembly of the union may be called by the chairman of the board of directors noting the special purpose for which it is called:

  1. At the request in writing signed by a majority of the board of directors; or

At the request in writing by thirty-five percent of the members of the union, such request to be filed with the chairman of the board of directors; or

By request in writing of 2/3 of the delegates to the biennial convention.

B.        No business shall be transacted except that stated in the call.  The secretary of the union shall be responsible for notifying each district  president and delegate of the meeting and the business to be transacted, at least 30 days prior to such meeting.  Delegates and alternates to a special meeting shall be the same as at the most recent and prior biennial convention.

Section 6.  Organization:  Officers of the union shall serve as officers of the delegate assembly during any biennial convention or special meeting.

Section 7.       Quorum:  A quorum for the transaction of business at any convention or special meeting shall consist of delegates representing not less than a majority of the districts.

Section 8.       All issues shall be decided by a majority vote of the registered delegates voting, except as otherwise specifically provided in these bylaws.

ARTICLE V

BOARD OF DIRECTORS

 

            Section 1.  Powers and Duties of the Board:  The board of directors shall supervise and direct the affairs of the union except when conventions or special meetings of the delegate assembly are in session.  All matters affecting the policies, aims and means of accomplishing the purpose of the local not specifically provided for in these bylaws or by action of the delegate assembly at a regular or special meeting shall be decided by the board of directors.  The board of directors shall approve the annual budget; may adopt such rules and regulations for the conduct of its business as shall be deemed advisable, and may, in the execution of the powers granted, appoint such agents as it may consider necessary.

            Section 2.  Composition of the Board of Directors:  The board of directors shall consist of a chairman, vice-chairman, secretary, treasurer and sergeant at arms (collectively referred to as the “Officers”); two (2) at-large members (together with the officers collectively referred to as the “local executive board;)” and the Presidents from each district who shall serve on the board of directors by virtue of their district position.   The Presidents shall have the authority to send a designee to the Board of Directors meeting, in case of their absence.  The board shall also include one (1) director from the retiree membership roll who shall act in an advisory capacity only. 

Section 3.  Board of Directors Regular Meetings:  The board of directors shall hold a minimum of four (4) regular meetings each fiscal year.  These regular meetings shall be at a time and place as determined by the chairman of the board of directors.  A majority of the members of the board of directors shall constitute a quorum for conducting any business.

Section 4.  Special Meetings:  Special meetings of the board shall be called by the chairman of the board at his/her discretion or upon a majority vote of the board of directors.  The chairman shall name the date and time of the special meeting and give notice in writing, transmitted via mail or e-mail, to all board members at least seven (7) days prior to such meeting.  Business shall be restricted to the subjects named in the call.

            Section 5.  Meeting Attendance:  Any officer or member of the board of directors who fails to attend two (2) consecutive regular board of director meetings without submitting a reason acceptable to the members of the board of directors shall be deemed to have vacated the office.

            Section 6.  Expenses and Compensation of the Board of Directors: 

  1. Compensation:  Directors of the union shall not be paid a salary or wage for their services to the union.
  2. Expenses:  The board of directors may reimburse union directors for their reasonable expenses, if any, incurred while on union business.

 

Section 7.  Committees of the Board of Directors: 

  1. Authorization:  The board of directors may authorize committees, in addition to those set forth below, as necessary.  The board of directors shall determine the duties of such committees, which shall not be inconsistent with the Articles of Incorporation or the bylaws of the union.
  2. Composition:  Each committee shall consist of at least three (3) members of the board of directors, appointed by the local chairman, wit the approval of the board of directors.  Except as provided in these bylaws, one (1) shall be named by the local chairman as the chair of the committee and a majority thereof shall constitute a quorum at any meeting.
  3. Operation:  The chair of the committee shall conduct the meetings and report to the board of directors on its deliberations and recommendations.
  4. Standing Committees: 

1.)         Executive Committee:

  1. Composition:  This committee shall consist of the local executive board and shall be chaired by the chairman of the local.
  2. Operation:  The executive committee shall have the authority to take action on behalf of the union to the extent that the board is authorized to act, subject to approval by the board at its next meeting.  Minutes of this committee will be kept and distributed to all board members.

2.)        Policy and Procedures Committee:

a. Composition:  This committee shall consist of the executive director and three (3) members of the board of directors and shall be chaired by the executive director. 

b. Operation:  The policy and procedures committee shall be responsible for coordinating and developing rules, policies and procedures for the organization. 

c. All policies and procedures and their changes shall be approved by the local board of directors.

ARTICLE VI

OFFICERS AND EXECUTIVE DIRECTOR

 

            Section 1.  Officers of the Board of Directors:  The officers of this union shall be a chairman, vice-chairman, secretary, treasurer and sergeant-at-arms.

  1. Chairman:  The chairman of the board of directors shall preside at all meetings of the board of directors and the union.  He/she shall appoint all standing and special committees of the local union, subject to the approval of the board of directors and shall be a member ex-officio of all committees, except the election committee. The chairman shall have authority to countersign checks drawn on the local’s accounts and perform all other duties that usually pertain to the office or as are delegated by the board of directors, and/or the union bylaws. If elected by direct vote of the membership, the chairman shall be an automatic delegate to the AFSCME International Convention.
    1. Vice-Chairman:  The vice-chairman shall assist the chairman when called upon to do so and shall in the case of absence or disability of the chairman perform the duties pertaining to that office and shall have authority to countersign checks drawn on the local’s accounts.  The vice-chairman shall assume the responsibilities of the chairman for the unexpired term of the chairman should there occur a vacancy mid-term.

 

  1. Secretary:  The secretary shall be responsible for a record of the minutes of all meetings of the board of directors and the union; and shall keep a complete, current and accurate list of all members of the union.  The secretary shall keep in safe custody the official seal of the union and shall affix it to all legal documents as directed by the board of directors.  The secretary shall see that proper notice is given of all meetings to the members of the union and to the board of directors.  With the approval and authority from the board of directors, the secretary may delegate the duties herein described, in whole or in part, to employees of the union.
  2. Treasurer:  The treasurer shall be responsible for all monies, securities and expenditures of the union.  The treasurer shall oversee the keeping of the books, which shall be kept in the union office.  All monies shall be deposited in such repositories only, as selected by the board of directors.  The treasurer shall present an accounting of the financial condition of the union to the board of directors at their regular meetings, or whenever requested.  All disbursements shall be made by check, with all checks requiring the signature of the treasurer and countersigned by either the chairman, vice chairman or executive director. Any expenditures, not included in the annual budget, must be approved by the board of directors.  The treasurer may, with the approval and authority from the board of directors delegate the duties herein described, in whole or in part, to employees of the union, except such duties related to the countersigning of checks.
  3. Sergeant-at-Arms:  The sergeant-at-arms shall be responsible for overseeing the authentication of delegates’ credentials and verifying the voting strength for each ballot at the biennial convention; shall be chairman of the teller’s committee appointed by the chairman of the board to conduct the written balloting at any meeting and to tabulate the ballots; shall be responsible for keeping order at any meeting of the board or union, and shall perform such other duties as may be required by the chairman or the board of directors.  With the approval and authority from the board of directors, the sergeant-at-arms may delegate the duties herein described, in whole or in part, to employees of the union.

Section 2.       Executive Director:  The administration and management of the union shall be handled by an executive director, employed full-time by and directly responsible to the board of directors.  The executive director shall receive direction from the board of directors through the chairman of the union, and be responsible for the day to day implementation of policies as determined by the board. The executive director shall have and exercise supervision and direction over all staff and persons employed or retained by the union, including authority to hire, fire, discipline and set compensation in accordance with the board’s policies; shall have authority to countersign all checks drawn on the local’s accounts; shall, with the approval of the executive board, engage such technical and professional services, including legal counsel and financial auditors, as may be required and shall with the approval of the board of directors make adjustments necessary for the satisfactory completion of assignments and duties as may be assigned.

The executive director, together with the local treasurer, shall in advance of each fiscal year, prepare a proposed budget to be submitted to the board of directors for approval.  The executive director shall also submit a written report annually on the operations of the union at the biennial convention and such interim reports as may be deemed necessary and advisable by the board of directors.

ARTICLE VII

DISTRICTS

 

            Section 1.  Districts:  The local union shall have the following districts:

  1. Panhandle District, consisting of Banner, Box Butte, Cheyenne, Dawes, Deuel, Garden, Kimball, Morrill, Scotts Bluff, Sheridan and Sioux counties.

 

  1. Sand Hills District, consisting of Arthur, Blaine, Brown, Cherry, Custer, Grant, Hooker, Keya Paha, Logan, Loup, McPherson, Rock and Thomas counties.

 

  1. Niobrara District, consisting of Antelope, Boone, Boyd, Garfield, Greeley, Holt, Knox, Madison, Nance, Platte, Pierce, Valley and Wheeler counties.

 

  1. Ponca District, consisting of Burt, Cedar, Colfax, Cuming, Dakota, Dixon, Dodge, Stanton, Thurston and Wayne counties.

 

  1. Greater Omaha District, consisting of Cass, Douglas, Sarpy and Washington counties.

 

  1. Bellevue District, consisting of the City of Bellevue.

 

  1. Southeast District, consisting of Gage, Johnson, Nemaha, Otoe, Pawnee and Richardson counties.

 

  1. Greater Lincoln District, consisting of Lancaster and Saunders counties.

 

  1. York District, consisting of Butler, Clay, Fillmore, Hamilton, Jefferson, Merrick, Nuckolls, Polk, Saline, Seward, Thayer and York counties.

 

  1. South Central District, consisting of Adams, Buffalo, Dawson, Franklin, Furnas, Gosper, Hall, Harlan, Howard, Kearney, Phelps, Sherman and Webster counties.

 

  1. Southwest District, consisting of Chase, Dundy, Frontier, Hayes, Hitchcock, Keith, Lincoln, Perkins and Red Willow counties.

 

There may be formed or restructured, on the recommendation of the executive director and with the approval of 2/3 of the board of directors, such new districts as are deemed necessary and proper.

 

Section 2.  Purpose:  Districts shall have the purpose of stimulating interest, active participation, recreation and fellowship of the entire membership in the programs of the union. 

Section 3.  Membership in Districts:  Each member of the local shall be a member of a district based upon his/her county of residence, except all members employed by the City of Bellevue shall be members of the Bellevue District regardless of residency and members residing out side the State of Nebraska shall be members of the district in which they are employed.

Section 4.       District Officers: The officers of each district shall be a president, vice-president, secretary, treasurer and sergeant-at-arms (the “district executive board’), who shall be elected by the members of the district they represent and perform the following duties.

  1. President:  The president of a district shall, by virtue of his/her position, automatically serve as a member of the local board of directors.  The president shall preside at all meetings of the district and shall recommend to the local chairman district members to serve on the standing and special committees of the local union.  The president shall sign all applications for district grant assistance funds.
  2. Vice-President:  The vice-president shall assist the president when called upon to do so and shall in the case of absence or disability of the president perform the duties pertaining to that office, except the vice-president shall not sit as a member of the local board of directors. The vice-president shall perform such other duties as may be required by the president or the executive board.
  3. Secretary:  The secretary shall be responsible for a record of the minutes of all district meetings.  He/she shall keep a complete, current and accurate list of all members of the district and forward such information and their updates to the local secretary. The secretary shall see that proper notice is given of all district meetings to the members of the district and to the district executive board and shall perform such other duties as may be required by the president or the executive board.
    1. Treasurer:  The treasurer shall prepare and sign all applications for district grant assistance funds and shall provide the Executive Director with receipts supporting all assistance awarded.  The treasurer shall perform such other duties as may be required by the president or the executive board.
    2. Sergeant-at-Arms:  The sergeant-at-arms shall be the chairman of the teller’s committee appointed by the district president to conduct the written balloting at any district meeting and to tabulate the ballots.  He/she shall be responsible for keeping order at any meeting of the district or executive board and shall perform such other duties as may be required by the president or the executive board.

Section 5.       District Executive Board Regular Meetings:  The executive board of each district shall hold a minimum of four (4) regular meetings each administrative year.  These regular meetings shall be at a time and place as determined by the president of the district and may be scheduled along with regular district meetings. A majority of the members of the executive board shall constitute a quorum for the transaction of business.

Section 6.       Special District Executive Board Meetings:  Special meetings of a district executive board shall be called by the president of the district at his/her discretion or upon a majority vote of the executive board.  The president shall name the date and time of the special meeting and give notice in writing, transmitted via mail or e-mail,  to all executive board members at least seven (7) days prior to such meeting.  Business shall be restricted to the subjects named in the call.

Section 7.       Expenses and Compensation of District Officers: 

  1. Compensation:  District offices shall not be paid a salary or wage for their services to the union.
  2. Expenses:  The board of directors may reimburse district officers for their reasonable expenses, if any, incurred while on union business.

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            Section 8.       District Standing Committees:  The standing committees of each district shall be the 1) Government Affairs; 2) Organizing; 3) Membership & Leadership Development; and 4) Steward committees.

  1. Government Affairs. Organizing. Membership & Leadership

 

The members of the government affairs, organizing and membership & leadership committees shall be appointed by the district president or local chairman.  The chair of each district committee shall be appointed by the district president and shall automatically serve as the district representative to the local union standing committee.

The objectives of the government affairs, organizing and membership & leadership committees shall be the same as those set forth in the descriptions provided in Article IX of these bylaws. 

  1. Steward Committee:

 

This committee shall consist of all of the stewards within the district who shall elect from among themselves a “chief steward” to serve as the committee chair.

The primary objectives of the steward committee shall be to share knowledge, experience and expertise in resolving grievances and problems with other stewards within the district.

 

Article VIII

NOMINATIONS AND ELECTIONS

            Section 1.       All nominations and elections within the local union and its districts shall be conducted in accordance with the provisions of Appendix D – Election Code of the International Union Constitution and these bylaws.

 

Section 2.       Election Committee:  Prior to each election the local chairman, with the approval of the board of directors, shall appoint at least one representative from each district to the local union election committee. The Committee shall elect from among its members, by majority vote, a chair and vice chair and shall have general responsibility for the conduct of the local and district elections.  No member of the committee shall be a candidate in any election. 

 

Section 3.       Nominations

 

A.        Delegates and Alternate Delegates

 

Nominations for the positions of delegate or alternate delegate shall be conducted at a district meeting not less than 12 weeks prior to the regular convention in every odd numbered year beginning in 2011.  An active member in good standing within the district may nominate a member of the same district, including themselves, for a delegate or alternate delegate position.

No member shall be a candidate for delegate and alternate delegate at a time.

 

 

B.        Local Executive Board and District Officers

 

Nominations for the local union executive board positions and district officers shall be conducted at a district meeting in the month of March of every even numbered year beginning in 2010.  An active member in good standing within the district may nominate a member of the same district, including themselves, for a district officer position. Members in good standing may also nominate any member of the union, including themselves, for a local union executive board position. 

No member shall be a candidate for more than one office on the local executive board or on the district executive board.  Nothing in this provision prohibits any candidate for district office, except a candidate for district president, from running for a local executive board position.

C.        Notice of nomination meetings shall be mailed to the last known address of all Active Members at least 15 days prior and shall provide for date, time and place of the meeting.

D.        Districts shall notify the local in writing of the nominees for each position immediately following the nomination meeting.

 

            Section 4.       Elections

 

A.        Delegates and Alternate Delegates

 

Delegates and alternate delegates shall be elected by secret ballot vote of the Active Members no less than 10 weeks prior to the regular convention.

B.        Local Executive Board and District Officers

 

Local executive board and district officers shall be elected by secret mail ballot vote of the Active Members conducted no later than May 31st of each even numbered year.  

Ballots for the election shall be distinct, separating the local executive board from the district contests.  Ballots for the local executive board contest shall be indistinguishable as to the district and such ballots shall be cast in such a manner that they cannot be identified as coming from a particular district.  The local shall allow at least 20 days between the mailing of the ballots and the counting.

C.           In the case where there the number of nominees for any position is equal to or less than the number of positions to be filled, such nominees shall be declared elected.  If the number of nominees exceeds the number of positions to be filled, ballots with the names of the nominees listed in alphabetical order shall be provided to Active Members.

D.           Each position shall be elected by a majority of votes cast in the election.  Should a runoff election be necessary between candidates failing to obtain such majority, ballots shall be provided to the membership as soon as possible.

E.           The election committee shall tabulate the ballots and submit a report to the membership for approval at the regular meeting of the local.

Section 5.       Eligibility: 

A.        Delegate/Alternate Delegate: To be eligible for election as a delegate or alternate to the biennial convention, a member must have been a dues-paying member in good standing at least  one (1) year prior to the date of the  election. 

B.        Local Union Executive Board and District Officers:  To be eligible for election as member of the local executive board or as a district officer, a member must have been a dues paying member in good standing at least six (6) months prior to the date of the election.

Section 6.       Terms of Office:  Local executive board members and district officers shall serve for a term of two years, such term to commence immediately upon the acceptance of the election committees report to be submitted at the regular meeting of the local in every even year.  An local executive board member or district officer may be elected to serve successive terms.

Section 7.       Surrender of Records and Property of the Union:  All members of the board of directors and district executive board, upon the expiration of their terms of office or removal, shall surrender to the board of directors all records and property of the union.

Section 8.       Vacancies:  A vacancy shall be deemed to exist when a member of the board of directors or district executive board has retired, died, resigned, been terminated from employment, or is physically or mentally not capable of carrying out the duties of his or her office, and in the case of a district officer, when he/she permanently resides outside of the district in which he/she was elected.

Vacancies in office shall be filled for the remainder of the unexpired term.  Except as otherwise provided in these bylaws, vacancies in the local executive board shall be filled by the members of the board of directors.  Vacancies in the officers of the district chapters or district members of the board of directors shall be filled by a secret ballot vote of the membership within the district.

Section 9.       Recall:  A member of the board of directors or local union executive board shall be recalled if a petition containing valid signatures of 55% of the union members in a district in the case of a board member representing a district, or 55% of the members in the local union in the case of a member of the local executive board is presented to the board of directors.

ARTICLE  IX

STANDING & SPECIAL COMMITTEES

Section 1.       The Standing Committees of this local union shall be:

  1. Government Affairs Committee 

 

This Committee shall consist of at least:

  • the executive director of the local, who shall serve as the chair;
  • one (1) member of the board of directors who shall serve as the vice-chair; and,
  • the chair of each district government affairs committee.

 

            The primary objectives of the Government Affairs Committee shall be to:

(1)   promote the legislative programs of AFSCME and this local union;

(2)    build relationships with elected federal, state and local officials within the local’s jurisdiction;

(3)   Screen and recommend endorsement of local candidates;

(4)   organize and promote voter registration and get-out-the-vote campaigns;

(5)   encourage the highest possible degree of membership participation in support of candidates for office favorable to the goals of this local; and

(6)   increase participation in the PEOPLE program at the MVP level.

  1. Organizing Committee

 

This Committee shall consist of at least:

  • the three members of the board of directors, of which one shall be appointed by the chairman of the local to serve as the chair of the committee; and,
  • the chair of the organizing committee from each district.

 

The primary objectives of the Organizing Committee shall be to:

(1)   grow the local’s membership by not less than 3 percent per year:

(2)   identify new organizing targets;

(3)   establish, subject to the approval of the board of directors, a program for the recruitment and training of organizers and VMOs (Voluntary Member Organizers); and

(4)   develop an internal organizing program to increase the number of members within existing bargaining units, to include new hire/new member orientation. 

  1. Membership & Leadership Development Committee

 

This Committee shall consist of at least:

  • three members of the board of directors, of which one shall be appointed by the chairman of the local to serve as the chair of the committee; and,
  • the chair of the membership & leadership committee from each district.

 

The primary objectives of the Membership & Leadership Development Committee shall be to:

(1)       actively recruit, engage and train new union leaders and activists;

(2)       develop an education and training program for the locals’ officers, staff, stewards and members and

(3)       establish, subject to the executive board’s approval, a new member orientation program.

            Section 2.       Additional committee members may be appointed, and other standing or special committees may be established, by the chairman of the local, subject to the approval of the board of directors.

            Section 3.       Unless otherwise stated in these bylaws, the chairman of the local shall appoint all committee chairs and vice-chairs.

ARTICLE X

FINANCES

 

            Section 1.  Annual Audit:  An audit of the union books shall be made at the close of each fiscal year by a certified public accountant.  A copy of the report shall be provided to the delegates of the biennial convention.

            Section 2.  Investments:  The board of directors is authorized to invest any surplus funds of the union in U.S. Treasury notes, bonds, or bills; in mutual investment trusts; bank savings accounts; in public employee credit unions; and to change from time to time such investments.  The board is authorized to buy property, sell or exchange said property, which it may acquire for the extension of services to the members of the union, or any other purpose permitted under the laws of the State of Nebraska.

            Section 3.       District Grant Assistance:  The local union shall set aside an amount not less than one percent (1%) of monthly membership dues to be used exclusively for providing assistance to districts in carrying out the objectives of the standing and special committees of this local union.  Such funds shall be deposited into an account maintained by the local union and the local treasurer shall keep a separate accounting of the funds. 

Grant assistance may be requested by any district through the submission of a written application describing the purpose for which the funds will be used and including a projected budget.  Such application shall be submitted to the executive director who shall approve the request, in whole or in part, and process the issuance of a check made payable to the vendor. The treasurer of the district receiving grant assistance shall be responsible for providing receipts for the actual expenditures to the executive director.  The executive director shall make a report of all grant assistance awarded at each regular meeting of the board of directors. 

            Section 4.  Benefits:  The board of directors shall implement such member and employee benefits as they may determine are in the best interest of the union or as specified by the delegates at the union biennial convention.

            Section 5.  Gifts and Donations:  The board of directors may accept gifts or donations on behalf of the union which shall be used to further the objectives of the union.  No member of the union may use their membership in the union for personal gain, financial or otherwise.

            Section 6.  Bonding:  All employees, officers and board members of the local union and districts who have personal access to the funds of the union shall be covered by an adequate bond provided from funds of the union.

            Section 7:  Seal:  The official seal of the union shall have inscribed on it an outline of the State of Nebraska with the letters NAPE and year 1972 within the outline.  The seal may be affixed to any legal documents executed by and on behalf of the union.

ARTICLE XI

JUDICIAL PROCEDURE

 

            The Judicial Procedures of this Union shall be as provided in Article X of the AFSCME International Constitution.

ARTICLE XII

BARGAINING AND ENFORCEMENT

 

Section 1.       Collective Bargaining

  1. Bargaining Unit Formation:  Where a majority of the eligible employees in an applicable unit desire to form a bargaining unit and if more than thirty (30) percent of these employees are active members of the union, collective bargaining may be initiated through the union following certification of the bargaining unit by the Commission of Industrial Relations (CIR), or if the unit is voluntarily recognized by the state.  The goal in each bargaining unit shall be one-hundred percent (100%) active membership.  If it is deemed necessary or desirable, the board of directors may waive the above 30% guideline for units with a lesser membership.  Such waiver may only occur upon a 60% vote of the board.
  2. Bargaining Unit Representation:

All agreements negotiated by bargaining units must be reviewed and approved by NAPE legal counsel prior to submitting said agreement to a vote of the NAPE members within a bargaining unit.  Such review shall insure that all provisions of the agreement comply with the purpose of NAPE as outlined in the Articles of Incorporation, Bylaws, and/or policies.

  1. Team Selection/Ratification:  Where the bargaining units have been certified by the CIR and/or voluntarily recognized by the state the following provisions shall apply to selection of bargaining teams and ratification of labor agreements.
    1. The board of directors shall establish procedures for  election of the bargaining team members.
    2. Ratification of labor agreements and/or declaration of bargaining impasses shall be based upon a majority of those NAPE members voting in the bargaining unit(s).  All agreements entered into shall be submitted to the general membership of applicable certified bargaining unit(s) for a vote.  Voting shall be conducted at district meetings/work-site polling stations and supervised by a NAPE-AFSCME representatives.

All ballots shall be secret and left unopened and delivered to the appropriate NAPE/AFSCME representative to be counted by the tellers committee after all meetings have been held. 

The tellers committee shall be appointed by the chairman of the board and shall be comprised of members in good standing from applicable bargaining unit(s).  All votes shall be membership verified before counting.  A majority vote of those voting in each unit shall determine all ratification questions.  All eligible ballots will be tallied for master contract ratification.

  1. Post Ratification Authority:  The chairperson of the bargaining team, together with at least one (1) bargaining team member from each unit involved, shall be authorized to discuss with employer representatives post-ratification changes to a labor agreement or appendix.  Recommended changes shall be submitted, by mail or e-mail, to the full bargaining team for review and approval.  Decision will be returned to the Executive Director for consideration within ten (10) days of mailing. 

 

Approved changes, determined by the executive director to be contrary to the intent of the labor agreement or appendix, shall require membership ratification.  Approved changes that are not contrary to the intent of the labor agreement or appendix shall be executed by the executive director with the approval of the chairman of the board of directors.

                                                                                                         

 

 

ARTICLE XIII

MISCELLANEOUS PROVISIONS

            Section 1.  This local union shall at all times be subject to the provisions of the Constitution of the American Federation of State, County and Municipal Employees.

            Section 2.  Except to the extent specified in this constitution, no officer of the local union or district shall have the power to act as agent for or otherwise bind the local union in any way whatsoever.  No member or group of members or other person or persons shall have the power to act on behalf of or otherwise bind the local union except to the extent specifically authorized in writing by the chairman of the local union or by the board of directors.

            Section 3.  Robert’s Rules of Order, Revised, shall be the guide in all cases to which they are applicable and in which they are not inconsistent with this constitution and special rules of this local union or of the American Federation of State, County and Municipal Employees.

Section 4.   Grievances:

  1. Representation:  All grievances shall be submitted to the executive director or designated representative who shall, after gathering the facts, decide the involvement of the union in such grievance.  If representation is provided, the union retains the right to determine what form the representation will take (steward, staff representative, legal counsel, etc.) as well as duration of such representation.  Even though representation may have been provided at one stage, the union still retains the right to determine whether it will be provided at any succeeding step.  Application of this section shall be in accordance with the membership rights policy, as developed by the board of directors of the union.
  2. Appeal from Administrative Hearing:  Any court appeal decision shall be at the discretion of the union, and shall be based upon policies determined by the board of directors of the union.

 

 

 

ARTICLE XIV

AMENDMENTS

 

Section 1.       The bylaws of the local union may be amended, revised, or otherwise changed by a 2/3 vote of the members in good-standing voting on such proposed change. A proposed amendment to these bylaws must be supported by a vote of a district’s membership or a district’s executive board to introduce such an amendment and must be submitted in writing to the local secretary who shall transmit such proposed amendments to the board of directors at its next regular meeting.  The board of directors shall review and make a recommendation to the membership on any proposal to amend these bylaws.   Within sixty days of the meeting of the board of directors the proposed amendment and the recommendation of the board of directors on such proposals shall be presented to the membership for vote, by mail ballot or district meetings.

Section 2.       These bylaws may also be amended, revised or otherwise changed by a vote of the delegate assembly at a regular convention of the local.  Such amendments must be submitted to the local secretary at least five weeks before the opening of such convention and must be approved by a two-thirds vote. The board of directors shall review and make a recommendation to the delegates on any proposal to amend the constitution submitted for consideration by that assembly.

Section 3.       These bylaws and any subsequent amendments to these bylaws shall take effect only upon written approval thereof by the International President.

 

NEBRASKA ASSOCIATION OF PUBLIC EMPLOYEES

 

AFSCME LOCAL 61

 

BYLAWS

 

PREAMBLE

 

We the Union of the Nebraska Association of Public Employees set forth these constitutional bylaws in order to provide equal and fair representation for all Union members.  As the Union represents the membership as a whole, each member represents the whole Union.  The concerns, issues and challenges this Union endures for its membership will be the same responsibility for each member towards the Union.  United as one in solidarity, we will accomplish the common goals of our Union.

 

 

ARTICLE I

GENERAL

            Section 1.  Name:  The name of the Union shall be the Nebraska Association of Public Employees, Local No. 61, AFSCME, AFL-CIO.

            Section 2.  Affiliations:  This Union shall be affiliated with AFSCME, AFL-CIO and the Nebraska state organization of the AFL-CIO and the appropriate central bodies of the AFL-CIO.

Section 3.       Fiscal and Administrative Year:  The fiscal and administrative year for the union shall be from July 1 through June 30.           

ARTICLE II

MEMBERSHIP

            Section 1.  Membership:  There shall be three (3) classes of membership:  Active membership, Associate membership, and Retiree membership.

  1. Active Membership:  All state employees in the State of Nebraska and employees of the Richardson County Road Department and the City of Beatrice and Bellevue shall be eligible for Active membership with all the privileges thereunto pertaining, including the right to vote and hold office, upon payment of membership dues.
  2. Associate Membership:  Employees of this union may become members of the union, but such members shall not be eligible to vote or hold local or district office.
  3. Retiree Membership:  Active and Associate members who have retired shall be eligible for Retiree membership.  Retiree membership may be granted to any retired member or their spouse. Retired members shall not have the right to vote, hold office or chair committees within the local union.
  4. Withdrawal from Membership:  Any   active  eligible  member wishing  to  withdraw from   the  union  may  only  do  so   by  submitting  a  notice of withdrawal  to     the NAPE/AFSCME office which is postmarked or received during the time period June 1 – June 30 of any calendar year.  A member may withdraw at any time under the following circumstances:

1.         If the member is separated from service with the employing agency.

2.         If the member becomes ineligible for membership in the local union as a result of a promotion, demotion, or transfer.

3.         If the member retires.

4.         If the member enters military service.

Section 2.  Dues, Fees and Assessments: 

  1. Initiation Fee:  There shall be no initiation fee levied at the time of enrollment as a member of the union.
  2. Membership Dues:  Dues for all classes of membership except Retiree membership shall be at 1.25% of a member’s monthly base salary, with a minimum of $10.00 per month and a maximum of $37.00 per month, increased to $39.00 per month effective October 1, 2010.  Retiree dues shall be $20.00 per year.
  3. Assessments:  No special assessments on members shall be levied except upon a majority vote of those members voting in a special ballot of the membership or by a majority of the delegates to the biennial convention.

Section 3.  Timely Dues Payment. Voting Privileges. Suspension and Reinstatement:

  1. Any member failing to pay dues within 30 days after the expiration of the last month paid shall forfeit all voting privileges within the union except that when a member is unemployed for more than twenty days in any calendar month and does not receive unemployment compensation or sick leave pay or other remuneration, such unemployed member may be entitled to credit for membership dues for the period of unemployment but not to exceed six months in any calendar year.
  2. Suspension for Non-Payment of Dues:  Any members who fail to pay their dues within 30 (thirty) days after expiration of the last month paid shall be notified in writing that they are in arrears.  If the members fail to remit their dues within 30 days thereafter, they shall be considered suspended.
  3. Reinstatement of Suspended Members:  A previous member may be reinstated upon his or her agreement to be placed on payroll deduction or pay cash in advance for a period of not less than twelve months, without being required to pay any dues in arrears.
  4. Reinstated Member:  Any reinstated member shall be given the same status as new member.

ARTICLE III

MEETINGS OF THE UNION

            Section 1.  Open Meetings:  All meetings of the union shall be open to any member of the union.

Section 2.  Regular meetings of this local shall be held at least once in each even numbered year following the election of the board of directors, at a time and place to be fixed by the board of directors. At this meeting the election committee shall make its report to the membership. At least 2% members in good standing shall be present to constitute a quorum.

            Section 3.  Districts meetings shall be held on a monthly basis and no less than 10 times a year, at a time and place to be fixed by the district executive board. 

Section 4.       Special meetings of this local may be called by the chairman, the board of directors or by petition filed with the chairman and signed by 55% of the members of the local.  Special meetings of a district may be called by the district president, the district executive board or by petition filed with the district president and signed by 55% of the members of the district. Notice of the meeting and the business to be transacted shall be provided to the membership of the local or district, whichever is applicable, at least 15 days prior to such meeting.

            Section 5.       Meetings of the delegate assembly at biennial conventions and special meetings shall be held in accordance with the provisions of Article IV of these bylaws.

            Section 6        Records:  Minutes and records of all union proceedings shall be open for inspection by the membership.

ARTICLE IV

CONVENTIONS

 

Section 1.  Biennial Convention Meeting: The biennial convention meeting of this union shall be held between June and October of each odd numbered year at a time and place designated by the board of directors.  When in session the convention delegate assembly shall have the authority to determine the policies and direction of the union.

            Section 2.       Delegate Assembly

  1. Voting at Biennial Convention:  Only duly authorized delegates or their alternates shall be entitled to vote at biennial convention meetings or special meetings of the delegate assembly.  The vote at such meetings shall be taken verbally on all questions; however a roll call vote or written ballot shall be taken whenever requested by at least 25% of the registered delegates.
    1. Delegate Representation:  The basis of delegate representation at a convention shall be the number of dues paying members in good standing within a district in the month of January preceding the convention. Delegate apportionment within each district shall be as follows:

Members in Good Standing                        Delegates

            1 to 50                                                            2

            51 to 100                                                        3

            101 to 200                                                     4

            201 to 300                                                     5

            301 to 400                                                     6

            401 to 500                                                     7

More than 500                                   One delegate for each additional 500 members or fraction thereof

Regardless of the number of delegates, districts shall be entitled to vote on the basis of one vote for each member in all roll-call votes before the convention.  Districts entitled to more than one delegate may send fewer than their quota of delegates and the delegates present may cast the entire vote of the local on all recorded votes coming before the convention.  The number of votes shall be divided equally among the delegates, with any remaining votes to be cast by the chairman of the delegation, as designated by the district.  No factional votes shall be permitted.

All members of the board of directors shall be automatic delegates to the biennial convention.  Any director who is not elected as a delegate representing a district shall nevertheless be entitled to all the rights and privileges of a delegate except the right to vote.

Each delegate must be a member in good standing at the time of the Convention.  No delegate may represent more than one district. Districts, if they wish, may elect one alternate for each delegate.

 Section 3.      Notice: Notice of the biennial convention, copies of the agenda and proposed resolutions shall be mailed to the union delegates no later than four (4) weeks prior to the date of the meeting. 

Section 4.       Resolutions:  Resolutions for consideration by the biennial convention shall be submitted by a district, the board of directors, or a duly elected delegate and must be delivered to the local union office in the proper form by five (5) weeks prior to the biennial convention.  The secretary of the union will notify districts in writing twelve (12) weeks prior to the biennial convention that resolutions are due.  Resolutions will be reviewed and consolidated where appropriate.

Section 5.  Special Meetings of the Delegate Assembly:  A special meeting of the delegate assembly of the union may be called by the chairman of the board of directors noting the special purpose for which it is called:

  1. At the request in writing signed by a majority of the board of directors; or

At the request in writing by thirty-five percent of the members of the union, such request to be filed with the chairman of the board of directors; or

By request in writing of 2/3 of the delegates to the biennial convention.

B.        No business shall be transacted except that stated in the call.  The secretary of the union shall be responsible for notifying each district  president and delegate of the meeting and the business to be transacted, at least 30 days prior to such meeting.  Delegates and alternates to a special meeting shall be the same as at the most recent and prior biennial convention.

Section 6.  Organization:  Officers of the union shall serve as officers of the delegate assembly during any biennial convention or special meeting.

Section 7.       Quorum:  A quorum for the transaction of business at any convention or special meeting shall consist of delegates representing not less than a majority of the districts.

Section 8.       All issues shall be decided by a majority vote of the registered delegates voting, except as otherwise specifically provided in these bylaws.

ARTICLE V

BOARD OF DIRECTORS

 

            Section 1.  Powers and Duties of the Board:  The board of directors shall supervise and direct the affairs of the union except when conventions or special meetings of the delegate assembly are in session.  All matters affecting the policies, aims and means of accomplishing the purpose of the local not specifically provided for in these bylaws or by action of the delegate assembly at a regular or special meeting shall be decided by the board of directors.  The board of directors shall approve the annual budget; may adopt such rules and regulations for the conduct of its business as shall be deemed advisable, and may, in the execution of the powers granted, appoint such agents as it may consider necessary.

            Section 2.  Composition of the Board of Directors:  The board of directors shall consist of a chairman, vice-chairman, secretary, treasurer and sergeant at arms (collectively referred to as the “Officers”); two (2) at-large members (together with the officers collectively referred to as the “local executive board;)” and the Presidents from each district who shall serve on the board of directors by virtue of their district position.   The Presidents shall have the authority to send a designee to the Board of Directors meeting, in case of their absence.  The board shall also include one (1) director from the retiree membership roll who shall act in an advisory capacity only. 

Section 3.  Board of Directors Regular Meetings:  The board of directors shall hold a minimum of four (4) regular meetings each fiscal year.  These regular meetings shall be at a time and place as determined by the chairman of the board of directors.  A majority of the members of the board of directors shall constitute a quorum for conducting any business.

Section 4.  Special Meetings:  Special meetings of the board shall be called by the chairman of the board at his/her discretion or upon a majority vote of the board of directors.  The chairman shall name the date and time of the special meeting and give notice in writing, transmitted via mail or e-mail, to all board members at least seven (7) days prior to such meeting.  Business shall be restricted to the subjects named in the call.

            Section 5.  Meeting Attendance:  Any officer or member of the board of directors who fails to attend two (2) consecutive regular board of director meetings without submitting a reason acceptable to the members of the board of directors shall be deemed to have vacated the office.

            Section 6.  Expenses and Compensation of the Board of Directors: 

  1. Compensation:  Directors of the union shall not be paid a salary or wage for their services to the union.
  2. Expenses:  The board of directors may reimburse union directors for their reasonable expenses, if any, incurred while on union business.

 

Section 7.  Committees of the Board of Directors: 

  1. Authorization:  The board of directors may authorize committees, in addition to those set forth below, as necessary.  The board of directors shall determine the duties of such committees, which shall not be inconsistent with the Articles of Incorporation or the bylaws of the union.
  2. Composition:  Each committee shall consist of at least three (3) members of the board of directors, appointed by the local chairman, wit the approval of the board of directors.  Except as provided in these bylaws, one (1) shall be named by the local chairman as the chair of the committee and a majority thereof shall constitute a quorum at any meeting.
  3. Operation:  The chair of the committee shall conduct the meetings and report to the board of directors on its deliberations and recommendations.
  4. Standing Committees: 

1.)         Executive Committee:

  1. Composition:  This committee shall consist of the local executive board and shall be chaired by the chairman of the local.
  2. Operation:  The executive committee shall have the authority to take action on behalf of the union to the extent that the board is authorized to act, subject to approval by the board at its next meeting.  Minutes of this committee will be kept and distributed to all board members.

2.)        Policy and Procedures Committee:

a. Composition:  This committee shall consist of the executive director and three (3) members of the board of directors and shall be chaired by the executive director. 

b. Operation:  The policy and procedures committee shall be responsible for coordinating and developing rules, policies and procedures for the organization. 

c. All policies and procedures and their changes shall be approved by the local board of directors.

ARTICLE VI

OFFICERS AND EXECUTIVE DIRECTOR

 

            Section 1.  Officers of the Board of Directors:  The officers of this union shall be a chairman, vice-chairman, secretary, treasurer and sergeant-at-arms.

  1. Chairman:  The chairman of the board of directors shall preside at all meetings of the board of directors and the union.  He/she shall appoint all standing and special committees of the local union, subject to the approval of the board of directors and shall be a member ex-officio of all committees, except the election committee. The chairman shall have authority to countersign checks drawn on the local’s accounts and perform all other duties that usually pertain to the office or as are delegated by the board of directors, and/or the union bylaws. If elected by direct vote of the membership, the chairman shall be an automatic delegate to the AFSCME International Convention.
    1. Vice-Chairman:  The vice-chairman shall assist the chairman when called upon to do so and shall in the case of absence or disability of the chairman perform the duties pertaining to that office and shall have authority to countersign checks drawn on the local’s accounts.  The vice-chairman shall assume the responsibilities of the chairman for the unexpired term of the chairman should there occur a vacancy mid-term.

 

  1. Secretary:  The secretary shall be responsible for a record of the minutes of all meetings of the board of directors and the union; and shall keep a complete, current and accurate list of all members of the union.  The secretary shall keep in safe custody the official seal of the union and shall affix it to all legal documents as directed by the board of directors.  The secretary shall see that proper notice is given of all meetings to the members of the union and to the board of directors.  With the approval and authority from the board of directors, the secretary may delegate the duties herein described, in whole or in part, to employees of the union.
  2. Treasurer:  The treasurer shall be responsible for all monies, securities and expenditures of the union.  The treasurer shall oversee the keeping of the books, which shall be kept in the union office.  All monies shall be deposited in such repositories only, as selected by the board of directors.  The treasurer shall present an accounting of the financial condition of the union to the board of directors at their regular meetings, or whenever requested.  All disbursements shall be made by check, with all checks requiring the signature of the treasurer and countersigned by either the chairman, vice chairman or executive director. Any expenditures, not included in the annual budget, must be approved by the board of directors.  The treasurer may, with the approval and authority from the board of directors delegate the duties herein described, in whole or in part, to employees of the union, except such duties related to the countersigning of checks.
  3. Sergeant-at-Arms:  The sergeant-at-arms shall be responsible for overseeing the authentication of delegates’ credentials and verifying the voting strength for each ballot at the biennial convention; shall be chairman of the teller’s committee appointed by the chairman of the board to conduct the written balloting at any meeting and to tabulate the ballots; shall be responsible for keeping order at any meeting of the board or union, and shall perform such other duties as may be required by the chairman or the board of directors.  With the approval and authority from the board of directors, the sergeant-at-arms may delegate the duties herein described, in whole or in part, to employees of the union.

Section 2.       Executive Director:  The administration and management of the union shall be handled by an executive director, employed full-time by and directly responsible to the board of directors.  The executive director shall receive direction from the board of directors through the chairman of the union, and be responsible for the day to day implementation of policies as determined by the board. The executive director shall have and exercise supervision and direction over all staff and persons employed or retained by the union, including authority to hire, fire, discipline and set compensation in accordance with the board’s policies; shall have authority to countersign all checks drawn on the local’s accounts; shall, with the approval of the executive board, engage such technical and professional services, including legal counsel and financial auditors, as may be required and shall with the approval of the board of directors make adjustments necessary for the satisfactory completion of assignments and duties as may be assigned.

The executive director, together with the local treasurer, shall in advance of each fiscal year, prepare a proposed budget to be submitted to the board of directors for approval.  The executive director shall also submit a written report annually on the operations of the union at the biennial convention and such interim reports as may be deemed necessary and advisable by the board of directors.

ARTICLE VII

DISTRICTS

 

            Section 1.  Districts:  The local union shall have the following districts:

  1. Panhandle District, consisting of Banner, Box Butte, Cheyenne, Dawes, Deuel, Garden, Kimball, Morrill, Scotts Bluff, Sheridan and Sioux counties.

 

  1. Sand Hills District, consisting of Arthur, Blaine, Brown, Cherry, Custer, Grant, Hooker, Keya Paha, Logan, Loup, McPherson, Rock and Thomas counties.

 

  1. Niobrara District, consisting of Antelope, Boone, Boyd, Garfield, Greeley, Holt, Knox, Madison, Nance, Platte, Pierce, Valley and Wheeler counties.

 

  1. Ponca District, consisting of Burt, Cedar, Colfax, Cuming, Dakota, Dixon, Dodge, Stanton, Thurston and Wayne counties.

 

  1. Greater Omaha District, consisting of Cass, Douglas, Sarpy and Washington counties.

 

  1. Bellevue District, consisting of the City of Bellevue.

 

  1. Southeast District, consisting of Gage, Johnson, Nemaha, Otoe, Pawnee and Richardson counties.

 

  1. Greater Lincoln District, consisting of Lancaster and Saunders counties.

 

  1. York District, consisting of Butler, Clay, Fillmore, Hamilton, Jefferson, Merrick, Nuckolls, Polk, Saline, Seward, Thayer and York counties.

 

  1. South Central District, consisting of Adams, Buffalo, Dawson, Franklin, Furnas, Gosper, Hall, Harlan, Howard, Kearney, Phelps, Sherman and Webster counties.

 

  1. Southwest District, consisting of Chase, Dundy, Frontier, Hayes, Hitchcock, Keith, Lincoln, Perkins and Red Willow counties.

 

There may be formed or restructured, on the recommendation of the executive director and with the approval of 2/3 of the board of directors, such new districts as are deemed necessary and proper.

 

Section 2.  Purpose:  Districts shall have the purpose of stimulating interest, active participation, recreation and fellowship of the entire membership in the programs of the union. 

Section 3.  Membership in Districts:  Each member of the local shall be a member of a district based upon his/her county of residence, except all members employed by the City of Bellevue shall be members of the Bellevue District regardless of residency and members residing out side the State of Nebraska shall be members of the district in which they are employed.

Section 4.       District Officers: The officers of each district shall be a president, vice-president, secretary, treasurer and sergeant-at-arms (the “district executive board’), who shall be elected by the members of the district they represent and perform the following duties.

  1. President:  The president of a district shall, by virtue of his/her position, automatically serve as a member of the local board of directors.  The president shall preside at all meetings of the district and shall recommend to the local chairman district members to serve on the standing and special committees of the local union.  The president shall sign all applications for district grant assistance funds.
  2. Vice-President:  The vice-president shall assist the president when called upon to do so and shall in the case of absence or disability of the president perform the duties pertaining to that office, except the vice-president shall not sit as a member of the local board of directors. The vice-president shall perform such other duties as may be required by the president or the executive board.
  3. Secretary:  The secretary shall be responsible for a record of the minutes of all district meetings.  He/she shall keep a complete, current and accurate list of all members of the district and forward such information and their updates to the local secretary. The secretary shall see that proper notice is given of all district meetings to the members of the district and to the district executive board and shall perform such other duties as may be required by the president or the executive board.
    1. Treasurer:  The treasurer shall prepare and sign all applications for district grant assistance funds and shall provide the Executive Director with receipts supporting all assistance awarded.  The treasurer shall perform such other duties as may be required by the president or the executive board.
    2. Sergeant-at-Arms:  The sergeant-at-arms shall be the chairman of the teller’s committee appointed by the district president to conduct the written balloting at any district meeting and to tabulate the ballots.  He/she shall be responsible for keeping order at any meeting of the district or executive board and shall perform such other duties as may be required by the president or the executive board.

Section 5.       District Executive Board Regular Meetings:  The executive board of each district shall hold a minimum of four (4) regular meetings each administrative year.  These regular meetings shall be at a time and place as determined by the president of the district and may be scheduled along with regular district meetings. A majority of the members of the executive board shall constitute a quorum for the transaction of business.

Section 6.       Special District Executive Board Meetings:  Special meetings of a district executive board shall be called by the president of the district at his/her discretion or upon a majority vote of the executive board.  The president shall name the date and time of the special meeting and give notice in writing, transmitted via mail or e-mail,  to all executive board members at least seven (7) days prior to such meeting.  Business shall be restricted to the subjects named in the call.

Section 7.       Expenses and Compensation of District Officers: 

  1. Compensation:  District offices shall not be paid a salary or wage for their services to the union.
  2. Expenses:  The board of directors may reimburse district officers for their reasonable expenses, if any, incurred while on union business.

.

            Section 8.       District Standing Committees:  The standing committees of each district shall be the 1) Government Affairs; 2) Organizing; 3) Membership & Leadership Development; and 4) Steward committees.

  1. Government Affairs. Organizing. Membership & Leadership

 

The members of the government affairs, organizing and membership & leadership committees shall be appointed by the district president or local chairman.  The chair of each district committee shall be appointed by the district president and shall automatically serve as the district representative to the local union standing committee.

The objectives of the government affairs, organizing and membership & leadership committees shall be the same as those set forth in the descriptions provided in Article IX of these bylaws. 

  1. Steward Committee:

 

This committee shall consist of all of the stewards within the district who shall elect from among themselves a “chief steward” to serve as the committee chair.

The primary objectives of the steward committee shall be to share knowledge, experience and expertise in resolving grievances and problems with other stewards within the district.

 

Article VIII

NOMINATIONS AND ELECTIONS

            Section 1.       All nominations and elections within the local union and its districts shall be conducted in accordance with the provisions of Appendix D – Election Code of the International Union Constitution and these bylaws.

 

Section 2.       Election Committee:  Prior to each election the local chairman, with the approval of the board of directors, shall appoint at least one representative from each district to the local union election committee. The Committee shall elect from among its members, by majority vote, a chair and vice chair and shall have general responsibility for the conduct of the local and district elections.  No member of the committee shall be a candidate in any election. 

 

Section 3.       Nominations

 

A.        Delegates and Alternate Delegates

 

Nominations for the positions of delegate or alternate delegate shall be conducted at a district meeting not less than 12 weeks prior to the regular convention in every odd numbered year beginning in 2011.  An active member in good standing within the district may nominate a member of the same district, including themselves, for a delegate or alternate delegate position.

No member shall be a candidate for delegate and alternate delegate at a time.

 

 

B.        Local Executive Board and District Officers

 

Nominations for the local union executive board positions and district officers shall be conducted at a district meeting in the month of March of every even numbered year beginning in 2010.  An active member in good standing within the district may nominate a member of the same district, including themselves, for a district officer position. Members in good standing may also nominate any member of the union, including themselves, for a local union executive board position. 

No member shall be a candidate for more than one office on the local executive board or on the district executive board.  Nothing in this provision prohibits any candidate for district office, except a candidate for district president, from running for a local executive board position.

C.        Notice of nomination meetings shall be mailed to the last known address of all Active Members at least 15 days prior and shall provide for date, time and place of the meeting.

D.        Districts shall notify the local in writing of the nominees for each position immediately following the nomination meeting.

 

            Section 4.       Elections

 

A.        Delegates and Alternate Delegates

 

Delegates and alternate delegates shall be elected by secret ballot vote of the Active Members no less than 10 weeks prior to the regular convention.

B.        Local Executive Board and District Officers

 

Local executive board and district officers shall be elected by secret mail ballot vote of the Active Members conducted no later than May 31st of each even numbered year.  

Ballots for the election shall be distinct, separating the local executive board from the district contests.  Ballots for the local executive board contest shall be indistinguishable as to the district and such ballots shall be cast in such a manner that they cannot be identified as coming from a particular district.  The local shall allow at least 20 days between the mailing of the ballots and the counting.

C.           In the case where there the number of nominees for any position is equal to or less than the number of positions to be filled, such nominees shall be declared elected.  If the number of nominees exceeds the number of positions to be filled, ballots with the names of the nominees listed in alphabetical order shall be provided to Active Members.

D.           Each position shall be elected by a majority of votes cast in the election.  Should a runoff election be necessary between candidates failing to obtain such majority, ballots shall be provided to the membership as soon as possible.

E.           The election committee shall tabulate the ballots and submit a report to the membership for approval at the regular meeting of the local.

Section 5.       Eligibility: 

A.        Delegate/Alternate Delegate: To be eligible for election as a delegate or alternate to the biennial convention, a member must have been a dues-paying member in good standing at least  one (1) year prior to the date of the  election. 

B.        Local Union Executive Board and District Officers:  To be eligible for election as member of the local executive board or as a district officer, a member must have been a dues paying member in good standing at least six (6) months prior to the date of the election.

Section 6.       Terms of Office:  Local executive board members and district officers shall serve for a term of two years, such term to commence immediately upon the acceptance of the election committees report to be submitted at the regular meeting of the local in every even year.  An local executive board member or district officer may be elected to serve successive terms.

Section 7.       Surrender of Records and Property of the Union:  All members of the board of directors and district executive board, upon the expiration of their terms of office or removal, shall surrender to the board of directors all records and property of the union.

Section 8.       Vacancies:  A vacancy shall be deemed to exist when a member of the board of directors or district executive board has retired, died, resigned, been terminated from employment, or is physically or mentally not capable of carrying out the duties of his or her office, and in the case of a district officer, when he/she permanently resides outside of the district in which he/she was elected.

Vacancies in office shall be filled for the remainder of the unexpired term.  Except as otherwise provided in these bylaws, vacancies in the local executive board shall be filled by the members of the board of directors.  Vacancies in the officers of the district chapters or district members of the board of directors shall be filled by a secret ballot vote of the membership within the district.

Section 9.       Recall:  A member of the board of directors or local union executive board shall be recalled if a petition containing valid signatures of 55% of the union members in a district in the case of a board member representing a district, or 55% of the members in the local union in the case of a member of the local executive board is presented to the board of directors.

ARTICLE  IX

STANDING & SPECIAL COMMITTEES

Section 1.       The Standing Committees of this local union shall be:

  1. Government Affairs Committee 

 

This Committee shall consist of at least:

  • the executive director of the local, who shall serve as the chair;
  • one (1) member of the board of directors who shall serve as the vice-chair; and,
  • the chair of each district government affairs committee.

 

            The primary objectives of the Government Affairs Committee shall be to:

(1)   promote the legislative programs of AFSCME and this local union;

(2)    build relationships with elected federal, state and local officials within the local’s jurisdiction;

(3)   Screen and recommend endorsement of local candidates;

(4)   organize and promote voter registration and get-out-the-vote campaigns;

(5)   encourage the highest possible degree of membership participation in support of candidates for office favorable to the goals of this local; and

(6)   increase participation in the PEOPLE program at the MVP level.

  1. Organizing Committee

 

This Committee shall consist of at least:

  • the three members of the board of directors, of which one shall be appointed by the chairman of the local to serve as the chair of the committee; and,
  • the chair of the organizing committee from each district.

 

The primary objectives of the Organizing Committee shall be to:

(1)   grow the local’s membership by not less than 3 percent per year:

(2)   identify new organizing targets;

(3)   establish, subject to the approval of the board of directors, a program for the recruitment and training of organizers and VMOs (Voluntary Member Organizers); and

(4)   develop an internal organizing program to increase the number of members within existing bargaining units, to include new hire/new member orientation. 

  1. Membership & Leadership Development Committee

 

This Committee shall consist of at least:

  • three members of the board of directors, of which one shall be appointed by the chairman of the local to serve as the chair of the committee; and,
  • the chair of the membership & leadership committee from each district.

 

The primary objectives of the Membership & Leadership Development Committee shall be to:

(1)       actively recruit, engage and train new union leaders and activists;

(2)       develop an education and training program for the locals’ officers, staff, stewards and members and

(3)       establish, subject to the executive board’s approval, a new member orientation program.

            Section 2.       Additional committee members may be appointed, and other standing or special committees may be established, by the chairman of the local, subject to the approval of the board of directors.

            Section 3.       Unless otherwise stated in these bylaws, the chairman of the local shall appoint all committee chairs and vice-chairs.

ARTICLE X

FINANCES

 

            Section 1.  Annual Audit:  An audit of the union books shall be made at the close of each fiscal year by a certified public accountant.  A copy of the report shall be provided to the delegates of the biennial convention.

            Section 2.  Investments:  The board of directors is authorized to invest any surplus funds of the union in U.S. Treasury notes, bonds, or bills; in mutual investment trusts; bank savings accounts; in public employee credit unions; and to change from time to time such investments.  The board is authorized to buy property, sell or exchange said property, which it may acquire for the extension of services to the members of the union, or any other purpose permitted under the laws of the State of Nebraska.

            Section 3.       District Grant Assistance:  The local union shall set aside an amount not less than one percent (1%) of monthly membership dues to be used exclusively for providing assistance to districts in carrying out the objectives of the standing and special committees of this local union.  Such funds shall be deposited into an account maintained by the local union and the local treasurer shall keep a separate accounting of the funds. 

Grant assistance may be requested by any district through the submission of a written application describing the purpose for which the funds will be used and including a projected budget.  Such application shall be submitted to the executive director who shall approve the request, in whole or in part, and process the issuance of a check made payable to the vendor. The treasurer of the district receiving grant assistance shall be responsible for providing receipts for the actual expenditures to the executive director.  The executive director shall make a report of all grant assistance awarded at each regular meeting of the board of directors. 

            Section 4.  Benefits:  The board of directors shall implement such member and employee benefits as they may determine are in the best interest of the union or as specified by the delegates at the union biennial convention.

            Section 5.  Gifts and Donations:  The board of directors may accept gifts or donations on behalf of the union which shall be used to further the objectives of the union.  No member of the union may use their membership in the union for personal gain, financial or otherwise.

            Section 6.  Bonding:  All employees, officers and board members of the local union and districts who have personal access to the funds of the union shall be covered by an adequate bond provided from funds of the union.

            Section 7:  Seal:  The official seal of the union shall have inscribed on it an outline of the State of Nebraska with the letters NAPE and year 1972 within the outline.  The seal may be affixed to any legal documents executed by and on behalf of the union.

ARTICLE XI

JUDICIAL PROCEDURE

 

            The Judicial Procedures of this Union shall be as provided in Article X of the AFSCME International Constitution.

ARTICLE XII

BARGAINING AND ENFORCEMENT

 

Section 1.       Collective Bargaining

  1. Bargaining Unit Formation:  Where a majority of the eligible employees in an applicable unit desire to form a bargaining unit and if more than thirty (30) percent of these employees are active members of the union, collective bargaining may be initiated through the union following certification of the bargaining unit by the Commission of Industrial Relations (CIR), or if the unit is voluntarily recognized by the state.  The goal in each bargaining unit shall be one-hundred percent (100%) active membership.  If it is deemed necessary or desirable, the board of directors may waive the above 30% guideline for units with a lesser membership.  Such waiver may only occur upon a 60% vote of the board.
  2. Bargaining Unit Representation:

All agreements negotiated by bargaining units must be reviewed and approved by NAPE legal counsel prior to submitting said agreement to a vote of the NAPE members within a bargaining unit.  Such review shall insure that all provisions of the agreement comply with the purpose of NAPE as outlined in the Articles of Incorporation, Bylaws, and/or policies.

  1. Team Selection/Ratification:  Where the bargaining units have been certified by the CIR and/or voluntarily recognized by the state the following provisions shall apply to selection of bargaining teams and ratification of labor agreements.
    1. The board of directors shall establish procedures for  election of the bargaining team members.
    2. Ratification of labor agreements and/or declaration of bargaining impasses shall be based upon a majority of those NAPE members voting in the bargaining unit(s).  All agreements entered into shall be submitted to the general membership of applicable certified bargaining unit(s) for a vote.  Voting shall be conducted at district meetings/work-site polling stations and supervised by a NAPE-AFSCME representatives.

All ballots shall be secret and left unopened and delivered to the appropriate NAPE/AFSCME representative to be counted by the tellers committee after all meetings have been held. 

The tellers committee shall be appointed by the chairman of the board and shall be comprised of members in good standing from applicable bargaining unit(s).  All votes shall be membership verified before counting.  A majority vote of those voting in each unit shall determine all ratification questions.  All eligible ballots will be tallied for master contract ratification.

  1. Post Ratification Authority:  The chairperson of the bargaining team, together with at least one (1) bargaining team member from each unit involved, shall be authorized to discuss with employer representatives post-ratification changes to a labor agreement or appendix.  Recommended changes shall be submitted, by mail or e-mail, to the full bargaining team for review and approval.  Decision will be returned to the Executive Director for consideration within ten (10) days of mailing. 

 

Approved changes, determined by the executive director to be contrary to the intent of the labor agreement or appendix, shall require membership ratification.  Approved changes that are not contrary to the intent of the labor agreement or appendix shall be executed by the executive director with the approval of the chairman of the board of directors.

                                                                                                         

 

 

ARTICLE XIII

MISCELLANEOUS PROVISIONS

            Section 1.  This local union shall at all times be subject to the provisions of the Constitution of the American Federation of State, County and Municipal Employees.

            Section 2.  Except to the extent specified in this constitution, no officer of the local union or district shall have the power to act as agent for or otherwise bind the local union in any way whatsoever.  No member or group of members or other person or persons shall have the power to act on behalf of or otherwise bind the local union except to the extent specifically authorized in writing by the chairman of the local union or by the board of directors.

            Section 3.  Robert’s Rules of Order, Revised, shall be the guide in all cases to which they are applicable and in which they are not inconsistent with this constitution and special rules of this local union or of the American Federation of State, County and Municipal Employees.

Section 4.   Grievances:

  1. Representation:  All grievances shall be submitted to the executive director or designated representative who shall, after gathering the facts, decide the involvement of the union in such grievance.  If representation is provided, the union retains the right to determine what form the representation will take (steward, staff representative, legal counsel, etc.) as well as duration of such representation.  Even though representation may have been provided at one stage, the union still retains the right to determine whether it will be provided at any succeeding step.  Application of this section shall be in accordance with the membership rights policy, as developed by the board of directors of the union.
  2. Appeal from Administrative Hearing:  Any court appeal decision shall be at the discretion of the union, and shall be based upon policies determined by the board of directors of the union.

 

 

 

ARTICLE XIV

AMENDMENTS

 

Section 1.       The bylaws of the local union may be amended, revised, or otherwise changed by a 2/3 vote of the members in good-standing voting on such proposed change. A proposed amendment to these bylaws must be supported by a vote of a district’s membership or a district’s executive board to introduce such an amendment and must be submitted in writing to the local secretary who shall transmit such proposed amendments to the board of directors at its next regular meeting.  The board of directors shall review and make a recommendation to the membership on any proposal to amend these bylaws.   Within sixty days of the meeting of the board of directors the proposed amendment and the recommendation of the board of directors on such proposals shall be presented to the membership for vote, by mail ballot or district meetings.

Section 2.       These bylaws may also be amended, revised or otherwise changed by a vote of the delegate assembly at a regular convention of the local.  Such amendments must be submitted to the local secretary at least five weeks before the opening of such convention and must be approved by a two-thirds vote. The board of directors shall review and make a recommendation to the delegates on any proposal to amend the constitution submitted for consideration by that assembly.

Section 3.       These bylaws and any subsequent amendments to these bylaws shall take effect only upon written approval thereof by the International President.

 

NEBRASKA ASSOCIATION OF PUBLIC EMPLOYEES

 

AFSCME LOCAL 61

 

BYLAWS

 

PREAMBLE

 

We the Union of the Nebraska Association of Public Employees set forth these constitutional bylaws in order to provide equal and fair representation for all Union members.  As the Union represents the membership as a whole, each member represents the whole Union.  The concerns, issues and challenges this Union endures for its membership will be the same responsibility for each member towards the Union.  United as one in solidarity, we will accomplish the common goals of our Union.

 

 

ARTICLE I

GENERAL

            Section 1.  Name:  The name of the Union shall be the Nebraska Association of Public Employees, Local No. 61, AFSCME, AFL-CIO.

            Section 2.  Affiliations:  This Union shall be affiliated with AFSCME, AFL-CIO and the Nebraska state organization of the AFL-CIO and the appropriate central bodies of the AFL-CIO.

Section 3.       Fiscal and Administrative Year:  The fiscal and administrative year for the union shall be from July 1 through June 30.           

ARTICLE II

MEMBERSHIP

            Section 1.  Membership:  There shall be three (3) classes of membership:  Active membership, Associate membership, and Retiree membership.

  1. Active Membership:  All state employees in the State of Nebraska and employees of the Richardson County Road Department and the City of Beatrice and Bellevue shall be eligible for Active membership with all the privileges thereunto pertaining, including the right to vote and hold office, upon payment of membership dues.
  2. Associate Membership:  Employees of this union may become members of the union, but such members shall not be eligible to vote or hold local or district office.
  3. Retiree Membership:  Active and Associate members who have retired shall be eligible for Retiree membership.  Retiree membership may be granted to any retired member or their spouse. Retired members shall not have the right to vote, hold office or chair committees within the local union.
  4. Withdrawal from Membership:  Any   active  eligible  member wishing  to  withdraw from   the  union  may  only  do  so   by  submitting  a  notice of withdrawal  to     the NAPE/AFSCME office which is postmarked or received during the time period June 1 – June 30 of any calendar year.  A member may withdraw at any time under the following circumstances:

1.         If the member is separated from service with the employing agency.

2.         If the member becomes ineligible for membership in the local union as a result of a promotion, demotion, or transfer.

3.         If the member retires.

4.         If the member enters military service.

Section 2.  Dues, Fees and Assessments: 

  1. Initiation Fee:  There shall be no initiation fee levied at the time of enrollment as a member of the union.
  2. Membership Dues:  Dues for all classes of membership except Retiree membership shall be at 1.25% of a member’s monthly base salary, with a minimum of $10.00 per month and a maximum of $37.00 per month, increased to $39.00 per month effective October 1, 2010.  Retiree dues shall be $20.00 per year.
  3. Assessments:  No special assessments on members shall be levied except upon a majority vote of those members voting in a special ballot of the membership or by a majority of the delegates to the biennial convention.

Section 3.  Timely Dues Payment. Voting Privileges. Suspension and Reinstatement:

  1. Any member failing to pay dues within 30 days after the expiration of the last month paid shall forfeit all voting privileges within the union except that when a member is unemployed for more than twenty days in any calendar month and does not receive unemployment compensation or sick leave pay or other remuneration, such unemployed member may be entitled to credit for membership dues for the period of unemployment but not to exceed six months in any calendar year.
  2. Suspension for Non-Payment of Dues:  Any members who fail to pay their dues within 30 (thirty) days after expiration of the last month paid shall be notified in writing that they are in arrears.  If the members fail to remit their dues within 30 days thereafter, they shall be considered suspended.
  3. Reinstatement of Suspended Members:  A previous member may be reinstated upon his or her agreement to be placed on payroll deduction or pay cash in advance for a period of not less than twelve months, without being required to pay any dues in arrears.
  4. Reinstated Member:  Any reinstated member shall be given the same status as new member.

ARTICLE III

MEETINGS OF THE UNION

            Section 1.  Open Meetings:  All meetings of the union shall be open to any member of the union.

Section 2.  Regular meetings of this local shall be held at least once in each even numbered year following the election of the board of directors, at a time and place to be fixed by the board of directors. At this meeting the election committee shall make its report to the membership. At least 2% members in good standing shall be present to constitute a quorum.

            Section 3.  Districts meetings shall be held on a monthly basis and no less than 10 times a year, at a time and place to be fixed by the district executive board. 

Section 4.       Special meetings of this local may be called by the chairman, the board of directors or by petition filed with the chairman and signed by 55% of the members of the local.  Special meetings of a district may be called by the district president, the district executive board or by petition filed with the district president and signed by 55% of the members of the district. Notice of the meeting and the business to be transacted shall be provided to the membership of the local or district, whichever is applicable, at least 15 days prior to such meeting.

            Section 5.       Meetings of the delegate assembly at biennial conventions and special meetings shall be held in accordance with the provisions of Article IV of these bylaws.

            Section 6        Records:  Minutes and records of all union proceedings shall be open for inspection by the membership.

ARTICLE IV

CONVENTIONS

 

Section 1.  Biennial Convention Meeting: The biennial convention meeting of this union shall be held between June and October of each odd numbered year at a time and place designated by the board of directors.  When in session the convention delegate assembly shall have the authority to determine the policies and direction of the union.

            Section 2.       Delegate Assembly

  1. Voting at Biennial Convention:  Only duly authorized delegates or their alternates shall be entitled to vote at biennial convention meetings or special meetings of the delegate assembly.  The vote at such meetings shall be taken verbally on all questions; however a roll call vote or written ballot shall be taken whenever requested by at least 25% of the registered delegates.
    1. Delegate Representation:  The basis of delegate representation at a convention shall be the number of dues paying members in good standing within a district in the month of January preceding the convention. Delegate apportionment within each district shall be as follows:

Members in Good Standing                        Delegates

            1 to 50                                                            2

            51 to 100                                                        3

            101 to 200                                                     4

            201 to 300                                                     5

            301 to 400                                                     6

            401 to 500                                                     7

More than 500                                   One delegate for each additional 500 members or fraction thereof

Regardless of the number of delegates, districts shall be entitled to vote on the basis of one vote for each member in all roll-call votes before the convention.  Districts entitled to more than one delegate may send fewer than their quota of delegates and the delegates present may cast the entire vote of the local on all recorded votes coming before the convention.  The number of votes shall be divided equally among the delegates, with any remaining votes to be cast by the chairman of the delegation, as designated by the district.  No factional votes shall be permitted.

All members of the board of directors shall be automatic delegates to the biennial convention.  Any director who is not elected as a delegate representing a district shall nevertheless be entitled to all the rights and privileges of a delegate except the right to vote.

Each delegate must be a member in good standing at the time of the Convention.  No delegate may represent more than one district. Districts, if they wish, may elect one alternate for each delegate.

 Section 3.      Notice: Notice of the biennial convention, copies of the agenda and proposed resolutions shall be mailed to the union delegates no later than four (4) weeks prior to the date of the meeting. 

Section 4.       Resolutions:  Resolutions for consideration by the biennial convention shall be submitted by a district, the board of directors, or a duly elected delegate and must be delivered to the local union office in the proper form by five (5) weeks prior to the biennial convention.  The secretary of the union will notify districts in writing twelve (12) weeks prior to the biennial convention that resolutions are due.  Resolutions will be reviewed and consolidated where appropriate.

Section 5.  Special Meetings of the Delegate Assembly:  A special meeting of the delegate assembly of the union may be called by the chairman of the board of directors noting the special purpose for which it is called:

  1. At the request in writing signed by a majority of the board of directors; or

At the request in writing by thirty-five percent of the members of the union, such request to be filed with the chairman of the board of directors; or

By request in writing of 2/3 of the delegates to the biennial convention.

B.        No business shall be transacted except that stated in the call.  The secretary of the union shall be responsible for notifying each district  president and delegate of the meeting and the business to be transacted, at least 30 days prior to such meeting.  Delegates and alternates to a special meeting shall be the same as at the most recent and prior biennial convention.

Section 6.  Organization:  Officers of the union shall serve as officers of the delegate assembly during any biennial convention or special meeting.

Section 7.       Quorum:  A quorum for the transaction of business at any convention or special meeting shall consist of delegates representing not less than a majority of the districts.

Section 8.       All issues shall be decided by a majority vote of the registered delegates voting, except as otherwise specifically provided in these bylaws.

ARTICLE V

BOARD OF DIRECTORS

 

            Section 1.  Powers and Duties of the Board:  The board of directors shall supervise and direct the affairs of the union except when conventions or special meetings of the delegate assembly are in session.  All matters affecting the policies, aims and means of accomplishing the purpose of the local not specifically provided for in these bylaws or by action of the delegate assembly at a regular or special meeting shall be decided by the board of directors.  The board of directors shall approve the annual budget; may adopt such rules and regulations for the conduct of its business as shall be deemed advisable, and may, in the execution of the powers granted, appoint such agents as it may consider necessary.

            Section 2.  Composition of the Board of Directors:  The board of directors shall consist of a chairman, vice-chairman, secretary, treasurer and sergeant at arms (collectively referred to as the “Officers”); two (2) at-large members (together with the officers collectively referred to as the “local executive board;)” and the Presidents from each district who shall serve on the board of directors by virtue of their district position.   The Presidents shall have the authority to send a designee to the Board of Directors meeting, in case of their absence.  The board shall also include one (1) director from the retiree membership roll who shall act in an advisory capacity only. 

Section 3.  Board of Directors Regular Meetings:  The board of directors shall hold a minimum of four (4) regular meetings each fiscal year.  These regular meetings shall be at a time and place as determined by the chairman of the board of directors.  A majority of the members of the board of directors shall constitute a quorum for conducting any business.

Section 4.  Special Meetings:  Special meetings of the board shall be called by the chairman of the board at his/her discretion or upon a majority vote of the board of directors.  The chairman shall name the date and time of the special meeting and give notice in writing, transmitted via mail or e-mail, to all board members at least seven (7) days prior to such meeting.  Business shall be restricted to the subjects named in the call.

            Section 5.  Meeting Attendance:  Any officer or member of the board of directors who fails to attend two (2) consecutive regular board of director meetings without submitting a reason acceptable to the members of the board of directors shall be deemed to have vacated the office.

            Section 6.  Expenses and Compensation of the Board of Directors: 

  1. Compensation:  Directors of the union shall not be paid a salary or wage for their services to the union.
  2. Expenses:  The board of directors may reimburse union directors for their reasonable expenses, if any, incurred while on union business.

 

Section 7.  Committees of the Board of Directors: 

  1. Authorization:  The board of directors may authorize committees, in addition to those set forth below, as necessary.  The board of directors shall determine the duties of such committees, which shall not be inconsistent with the Articles of Incorporation or the bylaws of the union.
  2. Composition:  Each committee shall consist of at least three (3) members of the board of directors, appointed by the local chairman, wit the approval of the board of directors.  Except as provided in these bylaws, one (1) shall be named by the local chairman as the chair of the committee and a majority thereof shall constitute a quorum at any meeting.
  3. Operation:  The chair of the committee shall conduct the meetings and report to the board of directors on its deliberations and recommendations.
  4. Standing Committees: 

1.)         Executive Committee:

  1. Composition:  This committee shall consist of the local executive board and shall be chaired by the chairman of the local.
  2. Operation:  The executive committee shall have the authority to take action on behalf of the union to the extent that the board is authorized to act, subject to approval by the board at its next meeting.  Minutes of this committee will be kept and distributed to all board members.

2.)        Policy and Procedures Committee:

a. Composition:  This committee shall consist of the executive director and three (3) members of the board of directors and shall be chaired by the executive director. 

b. Operation:  The policy and procedures committee shall be responsible for coordinating and developing rules, policies and procedures for the organization. 

c. All policies and procedures and their changes shall be approved by the local board of directors.

ARTICLE VI

OFFICERS AND EXECUTIVE DIRECTOR

 

            Section 1.  Officers of the Board of Directors:  The officers of this union shall be a chairman, vice-chairman, secretary, treasurer and sergeant-at-arms.

  1. Chairman:  The chairman of the board of directors shall preside at all meetings of the board of directors and the union.  He/she shall appoint all standing and special committees of the local union, subject to the approval of the board of directors and shall be a member ex-officio of all committees, except the election committee. The chairman shall have authority to countersign checks drawn on the local’s accounts and perform all other duties that usually pertain to the office or as are delegated by the board of directors, and/or the union bylaws. If elected by direct vote of the membership, the chairman shall be an automatic delegate to the AFSCME International Convention.
    1. Vice-Chairman:  The vice-chairman shall assist the chairman when called upon to do so and shall in the case of absence or disability of the chairman perform the duties pertaining to that office and shall have authority to countersign checks drawn on the local’s accounts.  The vice-chairman shall assume the responsibilities of the chairman for the unexpired term of the chairman should there occur a vacancy mid-term.

 

  1. Secretary:  The secretary shall be responsible for a record of the minutes of all meetings of the board of directors and the union; and shall keep a complete, current and accurate list of all members of the union.  The secretary shall keep in safe custody the official seal of the union and shall affix it to all legal documents as directed by the board of directors.  The secretary shall see that proper notice is given of all meetings to the members of the union and to the board of directors.  With the approval and authority from the board of directors, the secretary may delegate the duties herein described, in whole or in part, to employees of the union.
  2. Treasurer:  The treasurer shall be responsible for all monies, securities and expenditures of the union.  The treasurer shall oversee the keeping of the books, which shall be kept in the union office.  All monies shall be deposited in such repositories only, as selected by the board of directors.  The treasurer shall present an accounting of the financial condition of the union to the board of directors at their regular meetings, or whenever requested.  All disbursements shall be made by check, with all checks requiring the signature of the treasurer and countersigned by either the chairman, vice chairman or executive director. Any expenditures, not included in the annual budget, must be approved by the board of directors.  The treasurer may, with the approval and authority from the board of directors delegate the duties herein described, in whole or in part, to employees of the union, except such duties related to the countersigning of checks.
  3. Sergeant-at-Arms:  The sergeant-at-arms shall be responsible for overseeing the authentication of delegates’ credentials and verifying the voting strength for each ballot at the biennial convention; shall be chairman of the teller’s committee appointed by the chairman of the board to conduct the written balloting at any meeting and to tabulate the ballots; shall be responsible for keeping order at any meeting of the board or union, and shall perform such other duties as may be required by the chairman or the board of directors.  With the approval and authority from the board of directors, the sergeant-at-arms may delegate the duties herein described, in whole or in part, to employees of the union.

Section 2.       Executive Director:  The administration and management of the union shall be handled by an executive director, employed full-time by and directly responsible to the board of directors.  The executive director shall receive direction from the board of directors through the chairman of the union, and be responsible for the day to day implementation of policies as determined by the board. The executive director shall have and exercise supervision and direction over all staff and persons employed or retained by the union, including authority to hire, fire, discipline and set compensation in accordance with the board’s policies; shall have authority to countersign all checks drawn on the local’s accounts; shall, with the approval of the executive board, engage such technical and professional services, including legal counsel and financial auditors, as may be required and shall with the approval of the board of directors make adjustments necessary for the satisfactory completion of assignments and duties as may be assigned.

The executive director, together with the local treasurer, shall in advance of each fiscal year, prepare a proposed budget to be submitted to the board of directors for approval.  The executive director shall also submit a written report annually on the operations of the union at the biennial convention and such interim reports as may be deemed necessary and advisable by the board of directors.

ARTICLE VII

DISTRICTS

 

            Section 1.  Districts:  The local union shall have the following districts:

  1. Panhandle District, consisting of Banner, Box Butte, Cheyenne, Dawes, Deuel, Garden, Kimball, Morrill, Scotts Bluff, Sheridan and Sioux counties.

 

  1. Sand Hills District, consisting of Arthur, Blaine, Brown, Cherry, Custer, Grant, Hooker, Keya Paha, Logan, Loup, McPherson, Rock and Thomas counties.

 

  1. Niobrara District, consisting of Antelope, Boone, Boyd, Garfield, Greeley, Holt, Knox, Madison, Nance, Platte, Pierce, Valley and Wheeler counties.

 

  1. Ponca District, consisting of Burt, Cedar, Colfax, Cuming, Dakota, Dixon, Dodge, Stanton, Thurston and Wayne counties.

 

  1. Greater Omaha District, consisting of Cass, Douglas, Sarpy and Washington counties.

 

  1. Bellevue District, consisting of the City of Bellevue.

 

  1. Southeast District, consisting of Gage, Johnson, Nemaha, Otoe, Pawnee and Richardson counties.

 

  1. Greater Lincoln District, consisting of Lancaster and Saunders counties.

 

  1. York District, consisting of Butler, Clay, Fillmore, Hamilton, Jefferson, Merrick, Nuckolls, Polk, Saline, Seward, Thayer and York counties.

 

  1. South Central District, consisting of Adams, Buffalo, Dawson, Franklin, Furnas, Gosper, Hall, Harlan, Howard, Kearney, Phelps, Sherman and Webster counties.

 

  1. Southwest District, consisting of Chase, Dundy, Frontier, Hayes, Hitchcock, Keith, Lincoln, Perkins and Red Willow counties.

 

There may be formed or restructured, on the recommendation of the executive director and with the approval of 2/3 of the board of directors, such new districts as are deemed necessary and proper.

 

Section 2.  Purpose:  Districts shall have the purpose of stimulating interest, active participation, recreation and fellowship of the entire membership in the programs of the union. 

Section 3.  Membership in Districts:  Each member of the local shall be a member of a district based upon his/her county of residence, except all members employed by the City of Bellevue shall be members of the Bellevue District regardless of residency and members residing out side the State of Nebraska shall be members of the district in which they are employed.

Section 4.       District Officers: The officers of each district shall be a president, vice-president, secretary, treasurer and sergeant-at-arms (the “district executive board’), who shall be elected by the members of the district they represent and perform the following duties.

  1. President:  The president of a district shall, by virtue of his/her position, automatically serve as a member of the local board of directors.  The president shall preside at all meetings of the district and shall recommend to the local chairman district members to serve on the standing and special committees of the local union.  The president shall sign all applications for district grant assistance funds.
  2. Vice-President:  The vice-president shall assist the president when called upon to do so and shall in the case of absence or disability of the president perform the duties pertaining to that office, except the vice-president shall not sit as a member of the local board of directors. The vice-president shall perform such other duties as may be required by the president or the executive board.
  3. Secretary:  The secretary shall be responsible for a record of the minutes of all district meetings.  He/she shall keep a complete, current and accurate list of all members of the district and forward such information and their updates to the local secretary. The secretary shall see that proper notice is given of all district meetings to the members of the district and to the district executive board and shall perform such other duties as may be required by the president or the executive board.
    1. Treasurer:  The treasurer shall prepare and sign all applications for district grant assistance funds and shall provide the Executive Director with receipts supporting all assistance awarded.  The treasurer shall perform such other duties as may be required by the president or the executive board.
    2. Sergeant-at-Arms:  The sergeant-at-arms shall be the chairman of the teller’s committee appointed by the district president to conduct the written balloting at any district meeting and to tabulate the ballots.  He/she shall be responsible for keeping order at any meeting of the district or executive board and shall perform such other duties as may be required by the president or the executive board.

Section 5.       District Executive Board Regular Meetings:  The executive board of each district shall hold a minimum of four (4) regular meetings each administrative year.  These regular meetings shall be at a time and place as determined by the president of the district and may be scheduled along with regular district meetings. A majority of the members of the executive board shall constitute a quorum for the transaction of business.

Section 6.       Special District Executive Board Meetings:  Special meetings of a district executive board shall be called by the president of the district at his/her discretion or upon a majority vote of the executive board.  The president shall name the date and time of the special meeting and give notice in writing, transmitted via mail or e-mail,  to all executive board members at least seven (7) days prior to such meeting.  Business shall be restricted to the subjects named in the call.

Section 7.       Expenses and Compensation of District Officers: 

  1. Compensation:  District offices shall not be paid a salary or wage for their services to the union.
  2. Expenses:  The board of directors may reimburse district officers for their reasonable expenses, if any, incurred while on union business.

.

            Section 8.       District Standing Committees:  The standing committees of each district shall be the 1) Government Affairs; 2) Organizing; 3) Membership & Leadership Development; and 4) Steward committees.

  1. Government Affairs. Organizing. Membership & Leadership

 

The members of the government affairs, organizing and membership & leadership committees shall be appointed by the district president or local chairman.  The chair of each district committee shall be appointed by the district president and shall automatically serve as the district representative to the local union standing committee.

The objectives of the government affairs, organizing and membership & leadership committees shall be the same as those set forth in the descriptions provided in Article IX of these bylaws. 

  1. Steward Committee:

 

This committee shall consist of all of the stewards within the district who shall elect from among themselves a “chief steward” to serve as the committee chair.

The primary objectives of the steward committee shall be to share knowledge, experience and expertise in resolving grievances and problems with other stewards within the district.

 

Article VIII

NOMINATIONS AND ELECTIONS

            Section 1.       All nominations and elections within the local union and its districts shall be conducted in accordance with the provisions of Appendix D – Election Code of the International Union Constitution and these bylaws.

 

Section 2.       Election Committee:  Prior to each election the local chairman, with the approval of the board of directors, shall appoint at least one representative from each district to the local union election committee. The Committee shall elect from among its members, by majority vote, a chair and vice chair and shall have general responsibility for the conduct of the local and district elections.  No member of the committee shall be a candidate in any election. 

 

Section 3.       Nominations

 

A.        Delegates and Alternate Delegates

 

Nominations for the positions of delegate or alternate delegate shall be conducted at a district meeting not less than 12 weeks prior to the regular convention in every odd numbered year beginning in 2011.  An active member in good standing within the district may nominate a member of the same district, including themselves, for a delegate or alternate delegate position.

No member shall be a candidate for delegate and alternate delegate at a time.

 

 

B.        Local Executive Board and District Officers

 

Nominations for the local union executive board positions and district officers shall be conducted at a district meeting in the month of March of every even numbered year beginning in 2010.  An active member in good standing within the district may nominate a member of the same district, including themselves, for a district officer position. Members in good standing may also nominate any member of the union, including themselves, for a local union executive board position. 

No member shall be a candidate for more than one office on the local executive board or on the district executive board.  Nothing in this provision prohibits any candidate for district office, except a candidate for district president, from running for a local executive board position.

C.        Notice of nomination meetings shall be mailed to the last known address of all Active Members at least 15 days prior and shall provide for date, time and place of the meeting.

D.        Districts shall notify the local in writing of the nominees for each position immediately following the nomination meeting.

 

            Section 4.       Elections

 

A.        Delegates and Alternate Delegates

 

Delegates and alternate delegates shall be elected by secret ballot vote of the Active Members no less than 10 weeks prior to the regular convention.

B.        Local Executive Board and District Officers

 

Local executive board and district officers shall be elected by secret mail ballot vote of the Active Members conducted no later than May 31st of each even numbered year.  

Ballots for the election shall be distinct, separating the local executive board from the district contests.  Ballots for the local executive board contest shall be indistinguishable as to the district and such ballots shall be cast in such a manner that they cannot be identified as coming from a particular district.  The local shall allow at least 20 days between the mailing of the ballots and the counting.

C.           In the case where there the number of nominees for any position is equal to or less than the number of positions to be filled, such nominees shall be declared elected.  If the number of nominees exceeds the number of positions to be filled, ballots with the names of the nominees listed in alphabetical order shall be provided to Active Members.

D.           Each position shall be elected by a majority of votes cast in the election.  Should a runoff election be necessary between candidates failing to obtain such majority, ballots shall be provided to the membership as soon as possible.

E.           The election committee shall tabulate the ballots and submit a report to the membership for approval at the regular meeting of the local.

Section 5.       Eligibility: 

A.        Delegate/Alternate Delegate: To be eligible for election as a delegate or alternate to the biennial convention, a member must have been a dues-paying member in good standing at least  one (1) year prior to the date of the  election. 

B.        Local Union Executive Board and District Officers:  To be eligible for election as member of the local executive board or as a district officer, a member must have been a dues paying member in good standing at least six (6) months prior to the date of the election.

Section 6.       Terms of Office:  Local executive board members and district officers shall serve for a term of two years, such term to commence immediately upon the acceptance of the election committees report to be submitted at the regular meeting of the local in every even year.  An local executive board member or district officer may be elected to serve successive terms.

Section 7.       Surrender of Records and Property of the Union:  All members of the board of directors and district executive board, upon the expiration of their terms of office or removal, shall surrender to the board of directors all records and property of the union.

Section 8.       Vacancies:  A vacancy shall be deemed to exist when a member of the board of directors or district executive board has retired, died, resigned, been terminated from employment, or is physically or mentally not capable of carrying out the duties of his or her office, and in the case of a district officer, when he/she permanently resides outside of the district in which he/she was elected.

Vacancies in office shall be filled for the remainder of the unexpired term.  Except as otherwise provided in these bylaws, vacancies in the local executive board shall be filled by the members of the board of directors.  Vacancies in the officers of the district chapters or district members of the board of directors shall be filled by a secret ballot vote of the membership within the district.

Section 9.       Recall:  A member of the board of directors or local union executive board shall be recalled if a petition containing valid signatures of 55% of the union members in a district in the case of a board member representing a district, or 55% of the members in the local union in the case of a member of the local executive board is presented to the board of directors.

ARTICLE  IX

STANDING & SPECIAL COMMITTEES

Section 1.       The Standing Committees of this local union shall be:

  1. Government Affairs Committee 

 

This Committee shall consist of at least:

  • the executive director of the local, who shall serve as the chair;
  • one (1) member of the board of directors who shall serve as the vice-chair; and,
  • the chair of each district government affairs committee.

 

            The primary objectives of the Government Affairs Committee shall be to:

(1)   promote the legislative programs of AFSCME and this local union;

(2)    build relationships with elected federal, state and local officials within the local’s jurisdiction;

(3)   Screen and recommend endorsement of local candidates;

(4)   organize and promote voter registration and get-out-the-vote campaigns;

(5)   encourage the highest possible degree of membership participation in support of candidates for office favorable to the goals of this local; and

(6)   increase participation in the PEOPLE program at the MVP level.

  1. Organizing Committee

 

This Committee shall consist of at least:

  • the three members of the board of directors, of which one shall be appointed by the chairman of the local to serve as the chair of the committee; and,
  • the chair of the organizing committee from each district.

 

The primary objectives of the Organizing Committee shall be to:

(1)   grow the local’s membership by not less than 3 percent per year:

(2)   identify new organizing targets;

(3)   establish, subject to the approval of the board of directors, a program for the recruitment and training of organizers and VMOs (Voluntary Member Organizers); and

(4)   develop an internal organizing program to increase the number of members within existing bargaining units, to include new hire/new member orientation. 

  1. Membership & Leadership Development Committee

 

This Committee shall consist of at least:

  • three members of the board of directors, of which one shall be appointed by the chairman of the local to serve as the chair of the committee; and,
  • the chair of the membership & leadership committee from each district.

 

The primary objectives of the Membership & Leadership Development Committee shall be to:

(1)       actively recruit, engage and train new union leaders and activists;

(2)       develop an education and training program for the locals’ officers, staff, stewards and members and

(3)       establish, subject to the executive board’s approval, a new member orientation program.

            Section 2.       Additional committee members may be appointed, and other standing or special committees may be established, by the chairman of the local, subject to the approval of the board of directors.

            Section 3.       Unless otherwise stated in these bylaws, the chairman of the local shall appoint all committee chairs and vice-chairs.

ARTICLE X

FINANCES

 

            Section 1.  Annual Audit:  An audit of the union books shall be made at the close of each fiscal year by a certified public accountant.  A copy of the report shall be provided to the delegates of the biennial convention.

            Section 2.  Investments:  The board of directors is authorized to invest any surplus funds of the union in U.S. Treasury notes, bonds, or bills; in mutual investment trusts; bank savings accounts; in public employee credit unions; and to change from time to time such investments.  The board is authorized to buy property, sell or exchange said property, which it may acquire for the extension of services to the members of the union, or any other purpose permitted under the laws of the State of Nebraska.

            Section 3.       District Grant Assistance:  The local union shall set aside an amount not less than one percent (1%) of monthly membership dues to be used exclusively for providing assistance to districts in carrying out the objectives of the standing and special committees of this local union.  Such funds shall be deposited into an account maintained by the local union and the local treasurer shall keep a separate accounting of the funds. 

Grant assistance may be requested by any district through the submission of a written application describing the purpose for which the funds will be used and including a projected budget.  Such application shall be submitted to the executive director who shall approve the request, in whole or in part, and process the issuance of a check made payable to the vendor. The treasurer of the district receiving grant assistance shall be responsible for providing receipts for the actual expenditures to the executive director.  The executive director shall make a report of all grant assistance awarded at each regular meeting of the board of directors. 

            Section 4.  Benefits:  The board of directors shall implement such member and employee benefits as they may determine are in the best interest of the union or as specified by the delegates at the union biennial convention.

            Section 5.  Gifts and Donations:  The board of directors may accept gifts or donations on behalf of the union which shall be used to further the objectives of the union.  No member of the union may use their membership in the union for personal gain, financial or otherwise.

            Section 6.  Bonding:  All employees, officers and board members of the local union and districts who have personal access to the funds of the union shall be covered by an adequate bond provided from funds of the union.

            Section 7:  Seal:  The official seal of the union shall have inscribed on it an outline of the State of Nebraska with the letters NAPE and year 1972 within the outline.  The seal may be affixed to any legal documents executed by and on behalf of the union.

ARTICLE XI

JUDICIAL PROCEDURE

 

            The Judicial Procedures of this Union shall be as provided in Article X of the AFSCME International Constitution.

ARTICLE XII

BARGAINING AND ENFORCEMENT

 

Section 1.       Collective Bargaining

  1. Bargaining Unit Formation:  Where a majority of the eligible employees in an applicable unit desire to form a bargaining unit and if more than thirty (30) percent of these employees are active members of the union, collective bargaining may be initiated through the union following certification of the bargaining unit by the Commission of Industrial Relations (CIR), or if the unit is voluntarily recognized by the state.  The goal in each bargaining unit shall be one-hundred percent (100%) active membership.  If it is deemed necessary or desirable, the board of directors may waive the above 30% guideline for units with a lesser membership.  Such waiver may only occur upon a 60% vote of the board.
  2. Bargaining Unit Representation:

All agreements negotiated by bargaining units must be reviewed and approved by NAPE legal counsel prior to submitting said agreement to a vote of the NAPE members within a bargaining unit.  Such review shall insure that all provisions of the agreement comply with the purpose of NAPE as outlined in the Articles of Incorporation, Bylaws, and/or policies.

  1. Team Selection/Ratification:  Where the bargaining units have been certified by the CIR and/or voluntarily recognized by the state the following provisions shall apply to selection of bargaining teams and ratification of labor agreements.
    1. The board of directors shall establish procedures for  election of the bargaining team members.
    2. Ratification of labor agreements and/or declaration of bargaining impasses shall be based upon a majority of those NAPE members voting in the bargaining unit(s).  All agreements entered into shall be submitted to the general membership of applicable certified bargaining unit(s) for a vote.  Voting shall be conducted at district meetings/work-site polling stations and supervised by a NAPE-AFSCME representatives.

All ballots shall be secret and left unopened and delivered to the appropriate NAPE/AFSCME representative to be counted by the tellers committee after all meetings have been held. 

The tellers committee shall be appointed by the chairman of the board and shall be comprised of members in good standing from applicable bargaining unit(s).  All votes shall be membership verified before counting.  A majority vote of those voting in each unit shall determine all ratification questions.  All eligible ballots will be tallied for master contract ratification.

  1. Post Ratification Authority:  The chairperson of the bargaining team, together with at least one (1) bargaining team member from each unit involved, shall be authorized to discuss with employer representatives post-ratification changes to a labor agreement or appendix.  Recommended changes shall be submitted, by mail or e-mail, to the full bargaining team for review and approval.  Decision will be returned to the Executive Director for consideration within ten (10) days of mailing. 

 

Approved changes, determined by the executive director to be contrary to the intent of the labor agreement or appendix, shall require membership ratification.  Approved changes that are not contrary to the intent of the labor agreement or appendix shall be executed by the executive director with the approval of the chairman of the board of directors.

                                                                                                         

 

 

ARTICLE XIII

MISCELLANEOUS PROVISIONS

            Section 1.  This local union shall at all times be subject to the provisions of the Constitution of the American Federation of State, County and Municipal Employees.

            Section 2.  Except to the extent specified in this constitution, no officer of the local union or district shall have the power to act as agent for or otherwise bind the local union in any way whatsoever.  No member or group of members or other person or persons shall have the power to act on behalf of or otherwise bind the local union except to the extent specifically authorized in writing by the chairman of the local union or by the board of directors.

            Section 3.  Robert’s Rules of Order, Revised, shall be the guide in all cases to which they are applicable and in which they are not inconsistent with this constitution and special rules of this local union or of the American Federation of State, County and Municipal Employees.

Section 4.   Grievances:

  1. Representation:  All grievances shall be submitted to the executive director or designated representative who shall, after gathering the facts, decide the involvement of the union in such grievance.  If representation is provided, the union retains the right to determine what form the representation will take (steward, staff representative, legal counsel, etc.) as well as duration of such representation.  Even though representation may have been provided at one stage, the union still retains the right to determine whether it will be provided at any succeeding step.  Application of this section shall be in accordance with the membership rights policy, as developed by the board of directors of the union.
  2. Appeal from Administrative Hearing:  Any court appeal decision shall be at the discretion of the union, and shall be based upon policies determined by the board of directors of the union.

 

 

 

ARTICLE XIV

AMENDMENTS

 

Section 1.       The bylaws of the local union may be amended, revised, or otherwise changed by a 2/3 vote of the members in good-standing voting on such proposed change. A proposed amendment to these bylaws must be supported by a vote of a district’s membership or a district’s executive board to introduce such an amendment and must be submitted in writing to the local secretary who shall transmit such proposed amendments to the board of directors at its next regular meeting.  The board of directors shall review and make a recommendation to the membership on any proposal to amend these bylaws.   Within sixty days of the meeting of the board of directors the proposed amendment and the recommendation of the board of directors on such proposals shall be presented to the membership for vote, by mail ballot or district meetings.

Section 2.       These bylaws may also be amended, revised or otherwise changed by a vote of the delegate assembly at a regular convention of the local.  Such amendments must be submitted to the local secretary at least five weeks before the opening of such convention and must be approved by a two-thirds vote. The board of directors shall review and make a recommendation to the delegates on any proposal to amend the constitution submitted for consideration by that assembly.

Section 3.       These bylaws and any subsequent amendments to these bylaws shall take effect only upon written approval thereof by the International President.

Nebraska Association of Public Employees