Alaska Public Employees Association/AFT Web Site

APEA/AFT Constitution


CONSTITUTION

OF THE

ALASKA PUBLIC

EMPLOYEES ASSOCIATION

AFT (AFL-CIO)

 

LOCAL 8050

 

Ratified January 2009

 


 

 

PREAMBLE. 1

SECTION I – DEFINITIONS. 1

Local: 1

Agency Fee Payer 1

Association Shop. 1

Affiliation Costs. 1

Class I Objecting Agency Fee payer 1

Class II Objecting Agency Fee payer: 2

Collective Bargaining Unit 2

Core Services. 2

Contract Administration Service. 3

Local Dues. 3

EPIC. 3

Executive Officers. 3

Fiscal Year 3

Initiation Fees. 3

Levels of Function. 3

Mailout Ballot 3

Major Fraction. 4

Management Staff 4

Staff 4

Non-profit Status. 4

Per Capita. 4

Published. 4

SECTION II – MEMBER. 4

Definition. 4

Eligibility. 4

Member Rights and Responsibilities. 5

SECTION III -- EMPLOYEE REPRESENTATIVE. 6

Definitions. 6

Purpose. 6

Selection Procedures. 6

Qualifications. 6

Dutie. 7

Removal for nonattendance. 7

SECTION IV --  Loca. 7

Organization. 7

Local Meetings. 7

Special meetings. 7

Committees. 8

Voting. 8

Quorum.. 8

Authority. 8

Qualification. 8

Selection. 8

Duties of Local Officers. 8

Preside. 8

Vice-Presiden. 8

Secretary. 8

Treasurer 9

Charter 9

Local Membership. 9

New  Locals. 10

SECTION V -- BOARD OF DIRECTORS. 10

Definition. 10

Purpose. 10

Board Members. 10

Board Seat Allocation for New Locals. 11

Alternate Board Members and Vacancies. 11

Qualifications. 12

Selection. 12

Quorum.. 13

Meetings. 13

Responsibilities. 14

Proxies. 15

PRESIDENT OF THE STATE FEDERATIO.. 16

Authority. 16

Qualification. 16

Selection. 16

Term of Office. 16

Vacancies. 16

SECRETARY-TREASURER OF THE STATE FEDERATION. 17

Authority. 17

Qualification. 17

Selection. 17

Term of Office. 17

Vacancies. 17

BUSINESS MANAGER. 18

Definition. 18

Authority. 18

Evaluation. 18

APEA/AFT BIENNIAL CAUCU. 18

Definition. 18

Purpose. 18

Date. 19

Voting. 19

Quorum.. 20

Allocation of Delegates. 20

AFT CONVENTION. 20

Selection of Delegates. 20

Nomination of Delegates. 20

Election Procedure. 20

Election Results. 21

Attendance. 21

FINANCE COMMITTEE. 21

Definition. 21

Qualifications. 21

Term of Office. 21

Duties. 21

REGIONAL GRIEVANCE COMMITTEE. 22

Authority. 22

Appointment, Qualifications, Term of Service. 22

Duties. 22

CONSTITUTION. 23

Constitution Committee. 23

Appointment, Qualifications, Term of Service. 23

Amendments. 23

Amendment Format 24

CONSTITUENCY COUNCIL. 24

Definition. 24

Purpose: 24

Selection Procedure. 24

Qualifications. 24

Duties. 25

PER CAPITAS  AND ASSESSMENTS. 25

Per capita. 25

Initiation Fees. 26

Agency Fee. 26

Assessment 27

Local Dues. 27

Political Activity. 27

RULES OF ORDER. 27

HANDLING OF FUND. 27

Per capitas Receipt 27

Indemnification of Officials and Staff 27

Strike Fund. 28

RETIREES' LOCA. 28

MEETINGS. 28

BALLOTIN. 28

MEMBERS-AT-LARGE. 28

Definition. 29

Members rights and responsibilities. 29

Affiliation Fees. 29

Representation. 29

REMOVAL PROCEDURES. 29

AUTONOMOUS LOCALS PER CAPITA PAYMENTS. 30

GUIDELINES FOR  GRIEVANCE COMMITTEE HEARING.. 32


CONSTITUTION

ALASKA PUBLIC EMPLOYEES ASSOCIATION/AFT

STATE FEDERATION

LOCAL 8050

 

PREAMBLE

 

This organization shall be known as the Alaska Public Employees Association/American Federation of Teachers (AFL-CIO).  Any conflict with the Constitution or Bylaws of the American Federation of Teachers and this document shall be resolved in favor of the Constitution or Bylaws of the American Federation of Teachers.

 

SECTION I – DEFINITIONS

 

1.          Local:

An organizational group of employees within a designated bargaining unit.  However, a Local may be a group of bargaining units.

 

2.          Agency Fee Payer:

An employee in a collective bargaining unit who (1) does not choose to be a member of the APEA/AFT; (2) does not object to the use of his or her service fees for purposes unrelated to the collective bargaining, contract administration and grievance adjustment; and (3) does not object to paying an Agency Fee equal to regular APEA/AFT per capitas.  Agency Fee Payers are not entitled to the rights and responsibilities of a member as set out in Section II.

 

3.          Association Shop:

All APEA/AFT contracts shall, at the first opportunity, contain a provision requiring all bargaining unit members to be members or fee payers of APEA/AFT.

 

4.          Affiliation Costs:

Includes AFT National and State AFL-CIO Labor Council(s) per capita payments.

 

5.          Class I Objecting Agency Fee payer:

An employee in a collective bargaining unit who (1) does not choose to be a member of the APEA/AFT; (2) objects to the use of his or her service fees for purposes unrelated to the collective bargaining, contract administration and grievance adjustment; and (3) accepts the amount of the reduced Agency Fee as determined by the State Federation for chargeable expenses.  Class I Objecting Agency Fee Payers are not entitled to the rights and responsibilities of a member as set out in Section II.

 

6.          Class II Objecting Agency Fee payer:

An employee in a collective bargaining unit who (1) does not choose to be a member of the APEA/AFT; (2) objects to the use of his or her service fees for uses unrelated to the collective bargaining, contract administration and grievance adjustment; and (3) objects to the amount of the reduced Agency Fee as determined by the State Federation for chargeable expenses.  Class II Objecting Agency Fee Payers are not entitled to the rights and responsibilities of a member as set out in Section II.

 

7.          Collective Bargaining Unit:

An employee segment recognized by APEA/AFT in which all members of the unit work for the same employer and are presently affected by the same collective bargaining agreement.  An employee segment not currently covered by a collective bargaining agreement, but if it were, it could reasonably be expected to be affected by a single agreement.

 

8.          Core Services shall be defined as:

A.   Providing a reservoir of professional resources, which are available to Local Officers responsible for administering the Local's collective bargaining agreement. 

B.   Providing Employee Representatives, Negotiations, Leadership Development, Communications, and other needed training to Local/Chapter activities. 

C.    Maintaining a statewide mailing list of AFT members. 

D.   Providing a mechanism to collect and keep track of the collection of dues for Locals and the State Federation. 

E.   Providing a reservoir of professional resources that are available to Local Officers responsible for negotiating the Local’s collective bargaining agreement. 

F.     Providing statewide communications with activists and members on issues of importance of AFT members in Alaska.

G.    Providing a governance structure that promotes cooperation and support among AFT Locals and members within Alaska. 

H.   Providing a mechanism to advance the State Federation’s goals through political action and lobbying at all levels of government. 

I.       Providing an infrastructure and expertise in both internal and external organizing. 

J.    Providing a mechanism to promote cooperation and support among other labor organizations within Alaska. 

K.   Providing a mechanism to account for and disburse the funds of the organization. 

L.    Facilitating the development of professional issues in the various constituencies of the State Federation. 

M.   Providing Locals with assistance in analyzing the public budgets that affect them. 

N.   Providing an infrastructure to support campaigning on statewide or national issues, such as Lessons for life, Quality Services and Breast Cancer.

O.   Legal Defense Fund. 

P.   Core Services overhead.

 

9.          Contract Administration Service shall include all “core services” and   the following additional services:

A.   Prosecuting grievances, arbitrations, unfair labor practices, lawsuits and taking other actions necessary to administer the collective bargaining agreements.

B.   Negotiating the collective bargaining agreement.

C.   Providing professional development training for members of the Local.

D.   Communicating with members on Local issues.

E.   Maintaining a Labor-Management interaction mechanism.

F.    Contract Administration Services overhead.

 

10.       Local Dues:

An amount collected from a member, by a local.  Per capita paid to the State Federation is included in the Local Dues.  Local Dues may also include an additional amount levied by the Local.

 

11.       EPIC:

The Employee Political Information Committee is the independent political arm of APEA/AFT.

 

12.       Executive Officers:

The President and Secretary-Treasurer are considered the Executive Officers of APEA/AFT.

 

13.       Fiscal Year:

The business of the State Federation shall commence on July 1 and end on June 30 of the following calendar year.

 

14.       Initiation Fees:

An amount collected from each new employee who becomes a bargaining unit member after June 30, 1987, regardless of member/agency fee designation is to be collected once in a member's lifetime.

 

15.       Levels of Function:

Any member who holds an office or is an Employee Representative or a member of a committee for their Local or the State Federation.

 

16.       Mailout Ballot: 

Ballots which are mailed to all eligible members at their last known address.

 

17.       Major Fraction:

An increment of 51 or greater.

 

18.       Management Staff:

      All employees of APEA/AFT on personal services contracts.

 

19.       Staff:

All employees of APEA/AFT.

 

20.       Non-profit Status:

The Alaska Public Employees Association/AFT is a non-profit corporation.

 

21.       Per Capita:

An amount collected from a member to fund the operation of the State Federation.  Per capita includes: core services; contract administration services; and, affiliation costs.

 

22.       Published:

            To make generally known in print or electronic format. 

 

SECTION II – MEMBER

 

1.            Definitions:

A person who is paying per capitas to the APEA/AFT and who otherwise meets eligibility requirements.  A member in good standing is one who is currently paying per capitas, who does not owe either the State Federation or Local any money and who meets all of the requirements set forth in Section II, 2 (A and B, or C).  To be eligible to hold an APEA/AFT office, the individual must remain a member in good standing.

 

2.            Eligibility:

A.   All employees of the State of Alaska, political subdivisions of the State, public corporate authorities, private sector corporations, public and private school teachers, paraprofessionals and school-related personnel, higher education faculty and professionals, nurses, allied health professionals and other health care employees are eligible for membership except elected officials and executive heads of each State Department or political subdivision.

B.   Permanent seasonal or laid off employees who are either paying per capitas or have paid per capitas within the preceding nine (9) months shall have the right to vote.

C.   APEA/AFT management staff employees are eligible for membership, but shall not participate in APEA/AFT elections and are not entitled to representation in employment matters.

 

3.            Member Rights and Responsibilities:

A.   Members shall elect:

1.              Local Officers

2.              Directors of the Board

3.              Delegates to the AFT Convention

 

B.   Members shall vote to approve or reject:

1.                Bargaining Unit Agreements

2.                Local Dues

3.                Per capitas

4.                Assessments

5.                Initiation fees, amounts and exemptions

6.    State Federation and Local Constitution, Bylaws and Articles of Incorporation

7.                Changes of State Federation affiliation

8.    Letters of agreement shall be subject to approval in accordance with the Local Bylaws or Constitution.

 

C.   Members may remove by vote:

1.    Local Officers

2.    Delegates to the AFT Convention

3.    Directors of the Board

4.    Business Manager

 

D.   Members may recommend contract objectives to negotiators.

 

E.   A member may, at any time, resign from APEA/AFT and assume the status of agency fee payer by informing the Business Manager, in writing, of his/her intention to do so.

 

F.    Members holding elected office are prohibited from supporting labor organizations whose goals compete or conflict with those of APEA/AFT.  Active support of such labor organizations includes:

1.    Holding an official position with a labor organization not affiliated with APEA/AFT.

2.    Encouraging APEA/AFT members to sign interest cards distributed by other labor organizations attempting to represent APEA/AFT members.

3.    Making media or other endorsements of other labor organizations seeking to represent APEA/AFT members.

 

G.   Members holding elected office are prohibited from actively supporting goals of an employer which clearly conflict with the best interest of the State Federation members, and which clearly fall outside what would be expected to appear in the individual's job description.  Such active support includes:

1.    Providing management with information concerning strike plans or negotiation strategy.

2.    Actively coercing State Federation members not to strike legally, honor picket lines, or otherwise violating their rights under collective bargaining.

3.    Crossing a State Federation sanctioned picket line, unless contractually required to do so. 

 

H.   An elected official suspected of violation of Sub-section (F) and/or (G) will be brought to the attention of the Board of Directors.  Charges against a member for violating these sections may be brought by any member in good standing and shall be filed in writing with the Business Manager.  The charges shall specify the date(s) and location of the alleged violation.  Charges under this subsection may not be brought against a member not authorized by law to strike who crosses a picket line in the performance of official duties.  The Business Manager shall immediately send a copy of the charges to the accused member by certified mail.  If the accused member does not respond to the charges to the Business Manager within ten (10) days of receiving them, or thirty (30) days of mailing, whichever is later, the accused member shall be deemed to have admitted to them.  The Board of Directors shall convene as a judicial body to review the charges, the member’s response or failure to respond.  Any member found in violation of these responsibilities by the judicial body shall immediately have his or her status changed to that of an agency fee payer for a period of time to be determined by the judicial body.  The decision of the judicial body may be appealed to the Delegates of the next Biennial Caucus.

 

SECTION III -- EMPLOYEE REPRESENTATIVES

 

1.            Definitions:

An Employee Representative is a member in good standing elected at the work site(s) by members of the same bargaining unit and/or appointed in accordance with Local Bylaws/Constitution.

 

2.            Purpose:

To serve the members at work sites.

 

3.            Selection Procedures:

Local Bylaws and/or Bargaining Unit Contract shall govern the selection, term of office and/or removal of Employee Representatives.

 

4.            Qualifications:

An Employee Representative shall hold permanent status, be a member of the APEA/AFT in good standing and shall remain a member in good standing of the bargaining unit represented. 

 

5.            Duties:

A.   Shall be familiar with the terms of the bargaining unit agreement, State Federation  and Local Bylaws,

B.   Assist members with job related disputes and grievances,

C.   Participate in Employee Representative training,

D.   Distribute State Federation information,

E.   Orient new employees to APEA/AFT,

F.    Conduct polls and surveys,

G.    Organize members for employee action,

H.   Solicit information for negotiators,

I.      Recommend candidates for bargaining unit Negotiator and Constituency Councils,

J.    Attend Local meetings,

K.   Work with professional staff and provide all information obtained in the investigation of a grievance or complaint,

L.    Employee representatives may submit to the Board of Directors a list of requested training programs for consideration.

 

6.            Removal for nonattendance:

Local Bylaws may provide for the automatic removal of an Employee Representative who has missed a specific number of meetings.

   

SECTION IV --  Local

 

1.            Organization:

The members of each Local shall elect at a minimum two (2) officers who shall perform the duties of, a President, Vice-President, Secretary and Treasurer, as set out in Section IV.10.  Inclusion of all four offices in the Local structure is not required.

 

2.            Local Meetings:

A.   Regular meetings may be held at such intervals as the Local may desire.

B.   Annual Local meetings may be held following the APEA/AFT Biennial Caucus and shall include any business requested by the Board of Directors.

C.   The annual Local meeting may include installation of officers and approval of the Local budget.

D.   An annual membership meeting shall be held at each Local in accordance with their Constitution/Bylaws.

E.   A directory of officers and Employee Representatives shall be published following the annual Local meeting and distributed to Local members, the Board of Directors, and Headquarters.

 

3.            Special meetings:

Special meetings may be called in accordance with the Bylaws and/or Constitution of the Local.  Local Bylaws and/or Constitution shall define reasonable notice of special meetings.

 

4.            Committees:

A.   Locals may appoint committees to facilitate the business of the Local or State Federation.

B.   The President shall appoint committee members unless the committee is being appointed to investigate misbehavior on the part of the Local President.  In this case, the committee members shall be appointed by the Vice-President.

 

5.            Voting:

Election and removal of officers shall be by secret ballot.  All other voting procedures shall be outlined in the Local Bylaws.

 

6.            Quorum:

Local Bylaws shall define a quorum.

 

7.            Authority:

A.   A quorum of the Local shall formulate policy in conformance to their Bylaws.

B.   Define work site(s) for selection of Employee Representatives, in accordance with Local Bylaws. 

 

8.            Qualifications:

Local officers shall be members in good standing of the Local.

 

9.            Selection:

Local Officers shall be elected in accordance with Local Bylaws.

 

10.     Duties of Local Officers:

A.   President:

Shall preside at all meetings of the Local, appoint all necessary committees, be present at the APEA/AFT Biennial Caucus, and perform such duties as required or permitted by the Constitution of APEA/AFT or the Local.  The President or their designee shall be a delegate to the APEA/ AFT Biennial Caucus.

 

B.   Vice-President:

Shall perform the duties of the President in the absence of, or upon the request of, the President.

 

C.   Secretary:

Shall keep accurate records of all proceedings and shall be custodian of the records (except financial) for the Local.  The Secretary shall give notice of meetings as directed by the President, shall prepare copies of the minutes of all meetings of the Local.  All subsequent corrections or revisions to the minutes will be included with the minutes of the following meeting.  The Secretary shall be responsible for such other duties as may be required by the Local President or the Constitution of the State Federation and the Local.  A roll call attendance of all Employee Representatives and Local officers shall be recorded by the Secretary, along with the total number of members present and included with the report of the proceedings for all meetings.

 

D.   Treasurer:

Shall be custodian of the property of the Local, shall keep accurate accounts of all receipts and disbursements and shall make an itemized report to the Local at each regular meeting.  Local accounts shall be open at all times and shall be subject to an internal financial review or outside audit at least every two years.  The Treasurer may be bonded at the expense of the Local in the amount fixed by the Local.  With the aid of the Local officers, the Treasurer shall prepare an annual Local budget for the ensuing year to be approved in accordance with Local Bylaws or Constitution.  Local finances shall be subject to audit by the State Federation Finance Committee.  The Treasurer of each affiliated Local shall fill out and forward to the State Federation office, on or before the 15th day of each month, the report of active members in good standing and retiree members who have retired since the last reporting period.

  

11.         Charter:

Each Local will apply for a Local Charter from the AFT, and fulfill all requirements as needed.

 

12.         Bylaws and/or Constitution:

Each unit shall establish Bylaws and/or Constitution for the regulation of the Local.  Local Bylaws shall not conflict with the provisions of the Restated Articles of Incorporation or Constitution of the State Federation.  All Locals shall submit their Local Bylaws to the Business Manager for filing in Headquarters.  Local Bylaws shall conform with both the State Federation and AFT Constitution and Bylaws.

 

13.                                        Local Membership:

The membership shall be organized as provided in Article VII of the Restated Articles of Incorporation.  All members of the State Federation not otherwise belonging to a Local may be assigned to the nearest appropriate Local for the purpose of voting, running for office, or participating in any other Local activity they may desire.  The assignment shall be made by the Business Manager with the member's right to appeal to the Board of Directors.

 

14.                          New  Locals:

The Board of Directors shall establish guidelines to evaluate groups desiring to become a Local of APEA/AFT.  Those guidelines shall include the following:

A.   Expense of traveling between a Field Office and the location of potential Local.

B.    Availability and expense of training Employee Representatives.

C.   Cost of participation in Caucus.

D.   Cost of election of officers.

E.   Those factors which may be unique to the potential Local and its State Federation expense.

F.    Number of members.

 

The Board of Directors shall use these guidelines and other information to assess relevant costs and compare these with anticipated revenue.  The final decision of accepting potential new Locals shall reside with the Board of Directors.

 

SECTION V -- BOARD OF DIRECTORS

 

1.                            Definition:

The Board of Directors are members in good standing of APEA/AFT elected to manage the affairs, activities and properties of the State Federation.  They are the Vice-Presidents of APEA/AFT.

 

2.                            Purpose:

To conduct the general business of APEA/AFT.

 

3.                            Board Members:

The Board of Directors shall be composed of sixteen (16) voting and one (1) non-voting members (and Alternates), each elected by APEA/AFT members from each of the following regions and Locals:

 

A.   Northern Region one(1) seat elected by:

a.    Fairbanks North Star Borough Employees Association

b.    Nome Joint Utilities Employees Association

c.    City of Nome Employees Association

 

B.   Southcentral Region, five (5) seats:

1.      Valdez Federation of Teachers &

United Special Education Service Employees

2.      TOTEM

3.      TOTEM

4.      Anchorage Council of Education &

Anchorage Early Intervention Occupations Union.

5.      Matanuska-Susitna Borough employees Association,

      Kenai Borough employees Association &

City of Bethel Employees Association.

 

C.   Southeast Region one (1) seat elected by:

a.    Juneau Education Support Staff

b.    Ketchikan Gateway Borough Employees Association

c.    Petersburg Municipality Employees Association

d.    Petersburg District Support Personnel

e.    Juneau Mental Health Professionals

 

D.   Statewide, nine (9) seats.

1.    Southeast Region Supervisory Unit

2.    Southcentral Region Supervisory Unit

3.    Northern Region Supervisory Unit

4.    University of Alaska Federation of Teachers

5.    United Academics

6.    United Academics

7.    United Academics-Adjuncts

8.    Alaska Higher Education Crafts & Trades Employees & Alaska Housing Maintenance & Custodians

9.    Confidential Employees Association.

 

E.   Retired Public Employees Association (non-voting advisory seat)

 

4.         Board Seat Allocation for New Locals

A.   Newly established Locals shall have a Local representative sit on the Board of Directors in an advisory capacity for one year.

 

B.   Any Local charted after January 2009 that has an average annual membership over 450 shall receive a board seat in the appropriate region, one year after receiving their charter.

1.   A special election for a new board seats will be held in    accordance with the election procedures outlined in Section 7.

 

C.  Any Local charted after January 2009 that has an average annual membership less than 451 shall receive a board seat in the appropriate region, one year after receiving their charter.

1.  A special election for a new board seats will be held in accordance with the election procedures outlined in Section 7.

 

5.         Alternate Board Members and Vacancies

A.   An Alternate Board Member shall possess the authority of the office only in the absence of the Board of Directors member.

 

B.   If a Board Member is unable to complete a term of office, the Alternate shall fill the vacancy and complete the remaining term of office. 

 

C.   In filling a vacant Alternate Board Member position, the Executive Vice President shall require each Local President, of the division having the vacancy, to submit a recommendation for the Alternate Director. 

 

D.   The President will then appoint, from the names received from the Local Presidents, the member to fill the vacant Alternate Director's position.

 

6.         Qualifications:

A.   A person seeking to hold this office must be a member in good standing of the State Federation and his/her Local, and intends to remain a member in good standing of the Federation for the term of office.

 

B.   No Board Member shall be eligible to hold office as President or Secretary Treasurer.  However, a Board Member may also hold the position of Employee Representative and/or Local officer.

 

7.         Selection:

A.   Nominations for officers will be opened March 1.  Nominations will close on May 1.  Ballots shall be sent to the membership by June 1.  The seating of newly elected officers will be effective on July 1 or at the completion of the balloting process.

 

B.   Write-in votes are only permitted in the absence of any qualified nominee for office.

 

C.   Each Director shall be elected by the membership of the areas represented, voting by mail-out ballot.  The members voting will have thirty (30) days to return their ballots.

 

D.   To be elected, a candidate must receive a majority of all votes cast.  If no candidate receives a majority, a runoff election between the two (2) candidates receiving the most votes will be held within seven (7) days.

 

E.   If a candidate is unopposed at the close of nominations, a mail ballot will not be required and the candidate shall assume office on July 1 or at the completion of the balloting process.

 

F.    State Federation-funded campaigning shall be limited to one 8 ˝" by 11" typewritten resume per candidate, included with the mail-out ballot.

 

G.   No member shall be eligible to vote for more than one Board Member and Alternate in each division.

 

H.   The following Board Members and Alternates shall be to four (4) year terms beginning in 2009:

1.    Southeast Region Supervisor Unit

2.    Northern Region Seat; Fairbanks North Star Borough Employees Association, Nome Joint Utilities Employees Association & City of Nome Employees Association.

3.    Matanuska-Susitna Borough Employees Association, Kenai Borough Employees Association, & City of Bethel Employees Association.

4.    Anchorage Council of Education & Anchorage Early Intervention Occupations Union.

5.    TOTEM

6.    TOTEM

7.    Alaska Higher Education Crafts and Trades Employees & Alaska Housing Maintenance and Custodians

8.    United Academics

9.    United Academics

 

I.      The following Board Members and Alternates shall be elected to four (4) year terms beginning in 2010:

1.    Southeast Region Seat; Juneau Education Support Staff, Ketchikan Gateway Borough Employees Association, Petersburg Municipality Employees Association, Petersburg District Support Personnel, Juneau Mental Health Professionals.

2.    Northern Region Supervisory Seat 

3.    Southcentral Region Supervisor Unit

4.    Valdez Federation of Teachers & United Special Education Service Employees.

5.    University of Alaska Federation of Teachers

6.    United Academics-Adjunct

7.    Confidential Employees Association.

 

8.         Quorum:

A simple majority of the voting President and Secretary-Treasurer and voting Board of Directors shall constitute quorum.

 

9.         Meetings:

The Board of Directors shall schedule meetings as necessary and appropriate, but in no case fewer than three (3) times per year, one of which shall be in conjunction with the APEA/AFT Biennial Caucus.  Board minutes and agendas will be distributed to Local Presidents prior to Board meetings.  Unscheduled meetings, including teleconferences, may be held within budgetary limits.

 

10.       Responsibilities:

A.   The Board of Directors shall elect a Chairperson from among themselves. 

1.    The Chairperson shall be known as the Executive Vice President.

2.    The chair shall be director of all State Federation elections.

3.    The chair shall schedule and preside over meetings, only in the absence or at the direction of the President.

 

B.   The Board of Directors shall have the authority to supervise the business of the State Federation in accordance with the policies and procedures of the State Federation.

 

C.   The Board of Directors shall:

1.    Establish and administer an annual budget.

2.    Cause to be published for distribution to:

a.       All members: A newsletter, the first month of each quarter, containing information such as, Board of Directors report, EPIC/lobbying report, grievance reports, contract updates, and other matters of interest to members.

b.      All levels of function:  Copies of the minutes of the Board of Directors and minutes of the APEA/AFT Biennial Caucus shall be sent within thirty (30) days of the meetings.

3.    Accept or reject proposed bargaining agreements and personal service agreements negotiated by the Business Manager and President with State Federation staff.

4.    Review staff policies, procedures and job descriptions.

5.    Ensure the mandatory training of Employee Representatives, at least biennially.

6.    Assign members to a Local in accordance with provision in the Constitution and Articles of Incorporation.

7.    Select, evaluate, discipline, or dismiss the Business Manager.  The Business Manager shall be evaluated in writing after the APEA/AFT Biennial Caucus.

8.    Propose changes of affiliation with national or private sector organizations.  A ballot shall be distributed or mailed to all members for ratification.

9.    Make final resolution of violations and interpretations of State Federation Constitution, the State Federation restated Articles of Incorporation and Local Bylaws and impose sanctions up to and including dissolution of the Local.

10. Establish, appoint and/or dissolve constituency councils.

11. Initiate surveys.

12. Review and approve all legislation proposed by APEA/AFT prior to submission.

13. Ensure the collection of per capitas, Local dues, and have the authority to co-sign checks and vouchers.

14. Ensure maintenance of accurate membership rosters.

15. Implement the goals and priorities of the State Federation's members.

16. Solicit nominations and conduct the election for the State Federation President and Secretary/Treasurer.

17. Employ an independent certified public accountant to perform a comprehensive annual audit of the accounts of the Organization and provide a management letter for evaluation.  No firm may conduct more than 4 consecutive audits.

18. Propose the amount of per capitas.  Changes in the per capitas can be proposed by the Board of Directors no more than two (2) times each year.

19. Establish initiation fees, assessments, amounts and exemptions with ratification by the membership.

20. Appoint a temporary President or Secretary/Treasurer until an election can be held.

21. Have the authority to enter into contracts.

22. Act as an appeal board for contested staff terminations.

23.  Appoint regional grievance committee members and the committees of the Caucus.

24. Have the authority to submit a proposed bylaw change to the membership for a vote at any time.

25. Appoint a temporary Business Manager if the Business Manager is incapacitated for a period of time exceeding five (5) days.

26. Have authority to adopt procedures to elect or appoint members to AFL-CIO labor councils.

27. Have the authority to enter into agreements with existing associations, which wish to affiliate with APEA/AFT.  Under extenuating circumstances, these agreements may allow for a phasing in of per capitas. 

28. Take any other actions which the Board feels are necessary to conduct the general business of the State Federation.

29. Establish the amount of core services, based upon an average determined by an audit to be conducted every three years, of the previous three year’s records.

 

11.       Proxies:

A Director or the designated Alternate Director may assign, by a written and signed proxy, his/ her vote to another Director, Alternate Director, or the President.  If it is intended to be limited to specific issues,  the proxy must specify the specific issues, motions or resolutions covered by the proxy and may specify how the issue, motion or resolution will be voted on his/her behalf.  A proxy must be verified by the Secretary/Treasurer and placed into the record at the time it is presented to the Board.

 

SECTION VI -- PRESIDENT OF THE STATE FEDERATION

 

1.            Authority:

The State Federation President shall:

A.  Schedule and preside over the meetings of the APEA/AFT Biennial Caucus and the Board of Directors with a vote in case of a tie.

B.  Set the agenda for Board meetings and send out meeting notices at least fifteen (15) days prior to scheduled meetings.

C.  Upon election, hold no other office within the State Federation.

D.  The State Federation President shall be the chief spokesperson and representative for the State Federation.

E.  With the Business Manager, negotiate bargaining agreements with State Federation staff.

F.  Have the authority to co-sign checks and vouchers.

 

2.            Qualifications:

A person seeking office as President shall have been a member in good standing of APEA/AFT or AFT/AFPE for a minimum of two (2) years immediately prior to the date of their nomination and maintain that status throughout their term.

 

3.            Selection:

A.   The President shall be elected by the Delegates to the APEA/AFT Biennial Caucus. 

B.   Ninety (90) days prior to the APEA/AFT Biennial Caucus nominations for President will be opened, and shall close the end of the second day of Caucus.  Names of candidates received prior to Caucus shall be made available to Locals and their Delegates as soon as possible.

C.   To be elected, a candidate must receive a simple majority of all Delegate votes cast.  If no candidate receives a majority, run-off elections will be held between the two (2) candidates receiving the most votes until one receives a simple majority of the votes cast.

 

4.            Term of Office:

The President shall assume the duties of office immediately upon election.  The term of office shall be two (2) years.  The President shall not serve more than four (4) consecutive terms.

 

5.            Vacancies:

Should a vacancy occur, it shall be filled by temporary appointment from the Board of Directors.  If the vacancy occurs more than six (6) months prior to the next Caucus, a special election shall be held to elect a president to fill the remainder of the term.  The election shall be conducted by the voting delegates of the previous Biennial Caucus.

 

SECTION VII -- SECRETARY-TREASURER OF THE STATE FEDERATION 

 

1.                                                Authority:

The State Federation Secretary-Treasurer shall:

A.   Attend Board meetings, with a vote.

B.   Be responsible for the recording and publication of all minutes of the State Federation.

C.   Coordinate the meetings and supervise the Finance Committee of the State Federation.

D.   Be responsible for presenting Finance Committee Reports to Board.

E.   With the Business Manager, oversee the implementation of Board direction with regards to Finance Committee reports.

F.    Have authority to co-sign checks and vouchers.

G.   Assist the Executive Vice President in overseeing all State Federation elections.

H.   Assist the Business Manager in planning and controlling the State Federation's cash position.

I.      Serve as Chair of the Legal Defense Fund Committee.

 

2.            Qualification:

A person seeking office as Secretary-Treasurer shall have been a member in good standing of APEA/AFT or AFT/AFPE for a minimum of one year immediately prior to the date of nomination, and who intends to remain a member in good standing of the Federation and their Local for the term of office.

3.                            Selection:

A.   The Secretary-Treasurer shall be elected by the Delegates to the APEA/AFT Biennial Caucus. 

B.   Ninety (90) days prior to the APEA/AFT Biennial Caucus, nominations for Secretary-Treasurer will be opened, and shall close the end of the second day of Caucus.  Names of candidates received prior to Caucus shall be made available to Locals and their Delegates as soon as possible. 

C.   To be elected, a candidate must receive a simple majority of all Delegate votes cast.  If no candidate receives a majority, runoff elections will be held between the two (2) candidates receiving the most votes until one receives a simple majority of the votes cast.

 

4.                                          Term of Office:

The Secretary-Treasurer shall assume the duties of office immediately upon election.  The term of office shall be two (2) years.

 

5.                            Vacancies:

Should a vacancy occur, it shall be filled by temporary appointment from the Board of Directors.  If the vacancy occurs more than six (6) months prior to the next election, a special election shall be held to fill the remainder of the term.  The election shall be conducted by the voting delegates of the previous Biennial Caucus. 

 

SECTION VIII -- BUSINESS MANAGER

 

1.                                                            Definition:

The Business Manager shall be responsible for the day-to-day operation of the State Federation.

 

2.                                                Authority:

Under the authority of the Board of Directors, the Business Manager shall:

A.   Hire and dismiss paid staff of the State Federation, and maintain their job descriptions and annual performance evaluation.  All employees shall be under the supervision of the Business Manager.

B.   Maintain up-to-date records of all grievances in which the staff participates.

C.   Be the custodian of all records.  These records shall include, but are not limited to, financial, personnel, minutes and current membership mailing list.

D.   Be responsible for the general order of business.

E.   Attend all Board of Director meetings and present a report on staff activities.

F.    Be bonded at State Federation expense in an amount specified by the Board of Directors.

G.   Perform other duties as directed by the Board of Directors.

H.   Prepare a proposed budget for submission to the Board of Directors.

I.      Report annually on the status of any goals and priorities established at the previous Caucus.

J.    Have the authority to co-sign checks and vouchers.

K.   Serve as a voting member of the Legal Defense Fund Committee.

 

3.                                                Evaluation:

The Business Manager will be evaluated annually by the Board of Directors.  The Board of Directors shall consider input from the APEA/AFT Biennial Caucus.

 

SECTION IX -- APEA/AFT BIENNIAL CAUCUS

 

1.                                                            Definition:

The APEA/AFT Biennial Caucus is a Statewide meeting of Delegates and/or Alternates.

 

2.                                                Purpose:

Locals shall send Delegate(s) to Caucus to address regional and statewide concerns, and provide input to the Board of Directors.

The business of the Caucus shall include but not be limited to:

A.   Staff performance.

B.   Recommend resolutions and changes to the Constitution and Articles of Incorporation.

C.   Establish goals and priorities.

D.   Adopt resolutions concerning APEA/AFT administrative and legislative matters.

E.   Regional caucus and other caucuses. 

 

3.                                                Date:

A.   The APEA/AFT Biennial Caucus shall convene at least biennially. 

B.   It will be held sometime after the State Primary Election, and before the State General Election, unless the Board of Directors determines that it would not be in the best interest of the State Federation to do so.

 

4.                                                Voting:

Voting by proxy will be permitted only to