What are the duties of the National Vice President?

AFGE National Vice Presidents are responsible for overseeing all matters pertaining to locals in their respective districts. Therefore, all requests for assistance, guidance, or any questions that you may have, must be directed to me at the District office by the local president. Correspondence and questions going directly to the Washington office will only cause a delay in your receiving a response, as it will be forwarded to me for action.

What are the duties of a National Representative?

50% of a National Representative’s time is to assist in organizing. He/she is responsible for making sure that locals are self-sufficient and operating effectively, as required by law. They also have the authority to audit books and records of the local. The National Representative can also assist with all arbitration matters, grievances and appeals, training, contact negotiations, etc.

What are the procedures of asking for assistance from the District Office?

If you need the assistance of a National Representative or require his/her presence at an arbitration hearing, the local president must contact the office. Do not lock in on a date for the arbitration or any other hearings prior to speaking with me, as the National Representative may be unavailable at the time you have chosen. Given a choice of a few dates, you can ensure his/her availability.

If you require assistance of a National Representative in any other local matter, contact the District Office as well. National Representatives call in daily to receive their calls.

If you require assistance in selecting an arbitrator, or information on different arbitrators, you should contact the District Office. We can obtain arbitrator listings through our computer network. Also, available through our computer network, we have information on Federal Labor Relations Authority decisions, Merit Systems Protection Board decisions, and decisions of the Federal Service Impasse Panel, EEOC, etc. To obtain case decisions, just give us a case number or the subject matter of the case and we can provide this information to you. We can also obtain information on the Office of the Special Counsel.

If your local is going negotiations, we have sample contract language on hand. This information is also available through your National Representative.

How do we best represent our members?

We, as a union (locals and national union), are responsible for proper representation of members. Proper representation does not mean that locals should make a practice of taking every grievance to arbitration. Arbitration can be very costly to the local and should be pursued if only the issue(s) have merit. Prior to taking a case to arbitration, or selecting an arbitrator, new officers should contact the District Office.

Every local should have a grievance review committee that meets either on a weekly or monthly basis to review grievances at each step of the grievance procedure. Based upon the facts of the case, the committee should decide whether individual cases are meritorious and warrant going to arbitration. Under the Duty of Fair Representation, cases must be handled equitably.

If a member has a meritorious grievance and the local cannot afford to take the case to arbitration, and if the member is willing to pay the arbitrator’s fee, you should contact the District Office to obtain the appropriate agreement forms. This agreement stipulates that the employee, and not the local, is responsible for the cost of the arbitration. Both the local and the employee must sign the agreement. Remember, only the local can invoke arbitration.

Should the employee wish to have an outside attorney represent him/her in a grievance or arbitration matter and the local concurs with this request, be sure to contact the District Office for the appropriate forms/agreements when needed. An agreement must be executed between the local and the employee, stating that the employee chooses outside representation and absolves the local of any responsibility. Upon completion, copies of all signed agreements must be forwarded to the District Office and a copy retained for the local’s files.

It is the local’s right to attend a hearing and/or meeting between management and the employee, even if the employee has an attorney, since as the exclusive representative, the local is responsible for the maintenance of the contract, adherence to it, and securing and maintaining the rights of the bargaining unit members.

What are the procedures if a member wants to register a complaint?

Members should not call the District Office initially to register complaints. The first step would be to contact the local president, and make him/her aware of the problem. The president may then contact the District Office for assistance, if necessary. If the problem cannot be resolved internally and assistance is needed directly from the District Office, the member must request it in writing.

How are Per Capita reports properly handled?

The Treasurer of the local is responsible for filing per capita reports in a timely manner. Reports and Per Capita payments for insured locals must be received in Washington by the bank by the first of each month. For non-insured locals, reports and Per Capita payments are due the 20th of the month following the month that was reported, for example, June Per Capita would be due on July 20th. Payment of per capita must accompany the filing of monthly reports and must be paid when due. Also, add and drop slips must be included with the report. The local’s Treasurer and President are the officers responsible for timely payments.

Additionally, if your reports are not filed on time, the local will not receive credit for any new members that you recruited during that period (i.e. recruitment rebates). This can affect the entire District. Therefore, please pay your per capita on time and forward reports every month. Remember to include any 1187s for all new members you picked up during that month, as well as any other appropriate forms. Also, keep in mind that add, drops, and changes to your Local’s roster can be done through the “My Local” section of the AFGE website. Please be advised that only the Local President and Secretary-Treasurer have access to the Local’s roster via the website, and you should check with the District Office to ensure that you are listed as either President or Secretary-Treasurer.

Should you need assistance in the preparation of your per capita reports, please call the District Office. We will arrange for a time that is mutually convenient to assist you, either through this office or with a National Representative in the field.

Should we prepare a yearly budget for our Local? If so, what should be included in the budget?

All locals are responsible for preparing a yearly budget. The budget should be estimated in terms of realistic expenditures and developed so that these estimates do not exceed your revenue for the year.

Training for local officers should be a standard item in your budget, since it is crucial that local officers know the most efficient and proper ways of operating the local. There should also be a contingency fund for unexpected events, such as rallies, AFL-CIO functions, etc. District Caucuses and National Convention expenses should be planned annually. (1/3 of the approximate cost during the two off years and 1/3 cost during the convention year).

A copy of a sample budget is available at the 2nd District office. To obtain a copy, contact the 2nd District office. If you have not established a budget for this year, you should do so now. Once the budget is approved by the local membership, a copy should be forwarded to the District Office.

Locals are reminded that expenditures of local funds cannot be made without a vote of approval by the membership, unless stipulated in the Local Constitution and bylaws, or within the approved budget. In accordance with the National Constitution, each local Executive Board is permitted to spend up to $500.00 per month. All expenditures authorized by each Executive Board will be reported in writing at the next regular meeting of the local. All local checks are required to have two (2) signatures.

NOTE: Locals are reminded that membership dues, per pay period, should equal the monthly per capita tax that you are charged for each member. In 2007, if you are an insured local, your dues should be at least $18.55 per pay period, and $17.50 per pay period for non-insured locals.

Are we required to file Annual Reports?

The Department of Labor frequently contacts me regarding the delinquency of some locals in filing the required annual reports (LMs). Each local is responsible for filing an LM report with the Department of Labor at the end of each year and it is due within 90 days of either the end of the calendar year or fiscal year, depending on which your local goes by.

In addition, if your local handles over $25,000 in dues or other revenues during the year, a 990 report must be filed with the IRS. Failure to comply can cause severe fines ($10.00 for every day you are late and/or decertification of your local). We have already had experiences with the IRS removing money from a local’s bank account, therefore please be timely.

Your books and records should be audited at the end of the year, either by a committee appointed by the local, or by an outside accountant. You must also file an annual audit certification report. A copy of this report, along with both the LM and IRS 990 report must be forwarded to the District Office.

If an officer of your local receives over $600.00 annual salary from the local, then he/she is responsible for paying income tax on that money. If this is not accomplished, and the IRS audits your local, it could result in serious implications.

Is the Local bonded? If so, who is covered under the bond?

Your local is automatically bonded in the amount of $5,000. This covers each paid employee and officer of the Union. Shop Stewards are covered for $2,500 each. It is important that you review your annual financial statements to be certain the amount of the local’s bond equals at least 10% of the funds handled by your local. The amount conforms to the requirements of law. Failure to comply could result in fines and/or imprisonment.

Funds handled can be determined by taking the amount of your assets on hand at either the end of the fiscal or calendar year, and adding the income received during the year. Therefore, if your assets are $7,500 and your income, dues, etc. are $40,000; your bond should be $5,000.

If your local finds that an increase in the bonding level is needed, contact the District Office, in writing, informing us of the amount required and the effective date. We will then initiate an adjustment for you.

The Certificate of Bond you currently have on hand is evidence of bond coverage. The bond is continuous in form. This document should be retained with your local’s permanent records. Your local will be billed by the Finance Department for the cost of the Bond at the beginning of each year.

How are meetings and local elections conducted?

There are various methods of conducting local elections. This is determined by your local’s bylaws. Locals should contact the District Office prior to running their election to ensure that it is handled properly. A copy of the AFGE Election is available at the 2nd District office, or can be downloaded from the AFGE website, www.afge.org.

The District Office should be called prior to sending out meeting notices as well so that mistakes can be avoided.

Is our Local under the Standard Constitution? Do we need to prepare bylaws?

As mandated by the 1984 National Convention, any local with a constitution that has an approval prior to September 1979, and any newly formed locals, fall under the Standard Constitution of Locals. A copy of the Standard Constitution for Locals appears in Appendix B in the Appendix section of the National Constitution. Locals in this category cannot amend their constitution. Only the National Convention may change the Standard Local Constitution.HOWEVER THESE LOCALS MUST PREPARE BYLAWS. This is an urgent matter. Locals needing assistance in the proper preparation of Bylaws should call the District Office.

A copy of the proposed bylaws should be forwarded to the District Office for NVP’s review prior to adoption by the membership. After adoption by the membership, a copy must be forwarded to the District Office for the files.

What are the Procedures for constitutional changes to our Local standard constitution and bylaws?

For the bylaws to be adopted, a meeting must be held for the members to vote on the approval. A notice must be sent to each member thirty days (30) prior, announcing the meeting date and the purpose of the meeting. For approval of the bylaws, a two-thirds vote by secret ballot of the members in good standing, present and voting, is required. Any change in dues structure requires a majority vote by secret ballot of the members in good standing voting at a general or special meeting after reasonable notice of the intention to vote upon such question, or by a majority vote of the members in good standing voting in a membership referendum conducted by secret ballot. Once the local has approved the bylaws, a copy must be forwarded to the District Office for our records.

NOTE: This procedure is also to be followed by locals with Constitutions that are still in effect. If your Local Constitution was approved after September 1979, your Constitution is current and any amendments to your Constitution would have to be accomplished in accordance with the above procedures and then forwarded to the District Office to obtain NEC approval.

May I remind you that in this and any other matter, the Executive Board of any local can only recommend to the membership, approval or disapproval of any issue. It is the membership who must vote and decide on the outcome.

How do we change our Local status from non-insured to insured?

Since this is a constitutional change (either to the Local Constitution or Bylaws), the procedure for constitutional changes must be followed. A 30-day notice must be sent to every member of the local at their last known home address.

The notice must state the time, date, and place of the meeting. It must also state that the specific purpose of the meeting is to vote on an amendment converting the local from a non-insured local to an insured local. It should also mention that the amendment must pass by a two-thirds (2/3) vote of the members present and voting and that the affected members would have the conversion rights provided in the insurance certificate.

If the amendment is passed, you must submit a copy of the meeting notice and a copy of the minutes of the meeting to the District Office for NVP approval of the change, along with a request for approval of the amendment and a charter change.

UNTIL YOU GET FINAL APPROVAL, YOUR STATUS WILL REMAIN THE SAME. THIS SAME PROCEDURE APPLIES FOR LOCALS WHO WISH TO CHANGE FROM AN INSURED LOCAL TO A NON-INSURED LOCAL.

NOTE: Members of Insured Locals are covered by a group life insurance policy. The per capita tax payment for members in a death benefit local for 2007 is $18.55 per member per month for active employees and $2.05 per retired members.

Does the District office need to have a copy of our negotiated agreement with the agency?

Locals are reminded that the District Office must have two copies of your negotiated agreement with the agency on file. If you have not sent copies to the District Office, please do so now.

NOTE: You must check the expiration date on the agreement in order to keep the contract current. Law only protects you for the initial three-year period. The District is responsible for monitoring contracts, making sure that they are current, and do not expire. If a local’s contract is open, the local is subject to raiding by other unions.

What are the responsibilities of the Secretary of the Local?

The Secretary of the local is the official keeper of the local’s records. The official records of the local are minutes of all meetings (General Membership, Executive Board, and Special Meetings). All motions, including those regarding approval of expenditures by the general membership, are official actions of the local and must be recorded in the minutes. Minutes and other local records must be kept on file.

What should be kept in our Local's records? How long should these records be kept?

The following guide will assist you in the proper retention of your records, based on regulations, laws, and sound administrative policies.

THE FOLLOWING ELECTION MATERIALS MUST SEALED IN A BOX AND KEPT FOR ONE YEAR:

• Ballots
• Tally sheets, voided ballots, blank ballots, challenged ballots
• Notice of Election
  
  NOTE: ALL ELECTION RECORDS SHOULD BE DESTROYED AFTER ONE YEAR.
  

What benefit programs are offered? What should we do if we are contacted by a vendor?

It is extremely important to remember that all benefit programs and services must come through the District Office and must be approved by AFGE prior to implementation. Locals are warned not to enter into or sign any agreements or contracts with attorneys, insurance salesmen, newsletter representatives, or any other individual or company without contacting the District Office first. This policy is meant to protect the local, its officers, members, and the union from any liability. We have experienced many liability cases. Please be aware.

Only the insurance carriers, i.e. Healthplex and MetLife for dental and Colonial Supplemental Insurance, have been authorized and approved to do business in the 2nd District.

It has also come to my attention that attorneys are contacting locals, taking them to lunch and meeting with locals in an attempt to act as their legal representative. Some of these attorneys are working for competitor unions. In the event you are contacted by any of these individuals, please call the District Office prior to making a commitment. We maintain a list of AFL-CIO approved attorneys that we can recommend to members, should the need arise.

Does the 2nd District conduct training for officers?

The 2nd District conducts regularly scheduled training seminars for local officers and stewards. If you or your officers have not attended a training session, please plan to attend our next one. Mailings for upcoming training seminars will be sent to all Locals, and posted on the 2nd District website. A WELL-TRAINED LOCAL IS A STRONG AND EFFECTIVE ONE.

If you have attended training previously, we continually add new classes, new information, and new instructors. Therefore, there is always something new to learn

In the meantime, if you have any problems, all you need to do is call us; we are here to help.