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Ketchikan Gateway Borough Chapter


KETCHIKAN GATEWAY BOROUGH

LOCAL 6137

 UNIT OF THE APEA/AFT STATE FEDERATION

 

LOCAL BYLAWS

 

 

PREAMBLE

               

                This organization shall be known as APEA/AFT Local 6137 (hereafter known as the Local or KGBL). Any conflict with the Constitution or Bylaws of the Alaska Public Employees Association/American Federation of Teachers (AFL/CIO) or the American Federation of Teachers shall be resolved in favor of the Constitution or Bylaws of the Alaska Public Employees Association/American Federation of Teachers (AFL/CIO) (hereafter known as APEA/AFT) or the American Federation of Teachers (hereafter known as AFT).

 

SECTION I – DEFINITIONS

 

A.  Agency Fee Payer:

 

              1. An employee in a collective bargaining unit who;

 

a. does not choose to be a member of the Local,

b. does not object to the use of his or her service fees for the purposes unrelated to the collective

    bargaining, contract administration and grievance adjustment, and

c. does not object to paying an Agency Fee equal to regular Local per capitas.

 

               2. Agency Fee Payers are not entitled to the rights and responsibilities of a member as set out in Section

                   II.

 

B.  Association Shop:

 

               1. All Local Collective Bargaining Agreements shall, at the first opportunity, contain a provision requiring

                   all employees working in any APEA/AFT represented job classifications to be Members or Agency Fee

                   Payers of the Local.

 

C.  Class A Objecting Agency Fee Payer:

 

                1. An employee in a collective bargaining unit who;

 

                                a. does not choose to be a member of the Local,

                                b. objects to the use of his or her service fees for the purposes unrelated to the collective

                                 bargaining, contract administration and grievance adjustment, and

                                c. accepts the amount to the reduced Agency Fee as determined by the APEA/AFT for

                                 chargeable expenses.

 

                2. Class A Objecting Agency Fee Payers are not entitled to the rights and responsibilities of a member as

                   set out in Section II.

 

D.  Class B Objecting Agency Fee Payer:

 

                1. An employee in a collective bargaining unit who;

 

                                a. does not choose to be a member of the Local,

                                b. objects to the use of his or her service fees for the uses unrelated to the collective bargaining,

                                 contract administration and grievance adjustment, and

                                c. objects to the amount of the reduced Agency Fee as determined by the APEA/AFT for

                                 chargeable expenses.

 

                2. Class B Objecting Agency Fee Payers are not entitled to the rights and responsibilities of a member as

                   set out in Section II.

 

E.  Core Services:

 

                1. As defined in the bylaws of the APEA/AFT.

 

                2. Contract Administration Service shall include all “core services” as provided for by the APEA/AFT.

 

F.  Local Dues:

 

                1. An amount collected from a member by the Local. Per Capita paid to the State Federation is included

                   in the Local Dues. Local Dues may also include an additional amount as voted on by the Local.

 

G.  Local Initiation Fees:

 

                1. An amount collected from each new employee who becomes a member of the Local, to be collected

                   once in a member’s lifetime.

 

H.  Mailout Ballot:

 

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

 

I.  Major Fraction:

 

                1. An increment of 51% or greater.

 

J. Non-profit Status:

 

                1. The Local is a non-profit corporation.

 

K. Per Capita:

 

                1. An amount collected from a member to fund the operation of the State Federation. Per Capita

                   includes;

 

                                a. core services,

                                b. contract administration services, and

                                c. affiliation costs.

 

SECTION II – MEMBER

 

A.  Definitions:

 

                1. A person who is paying per capita to the KGBL and who otherwise meets eligibility requirements. A

                  member in good standing is one who is currently paying per capitas, who does not owe the State

                  Federation any money and who meets all of the requirements set forth in Section II, B (1 & 2). To be

                  eligible to hold a KGBL Office, the individual must remain a member in good standing.

 

B.  Eligibility:

 

                1. All employees of the Ketchikan Gateway Borough that have been hired into positions that have been

                  determined to be represented by the APEA/AFT or the State Labor Relations Board.

 

                2. Permanent seasonal or laid off employees who are either paying per capitas or have paid per capitas

                  within the preceding twelve (12) months shall have the right to vote after paying one month of Local

                  back dues.

 

C.  Member Rights & Responsibilities:

 

                1. Members shall elect;

 

                                a. Local Officers,

                                b. Unit Officers, and

                                c. Delegate(s), as defined by the APEA/AFT Bylaws, to the APEA/AFT Biennial Caucus in

                                 addition to the Local President.

 

                2. Members shall vote to approve or reject;

 

                                a. Bargaining Unit Agreements,

                                b. Local Dues,

                                c. Per Capitas,

                                d. Assessments,

                                e. Initiation Fees, amounts and exemptions,

                                f. Local Budget and business,

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

                                h. Changes of State Federation and Local Affiliation, and

                                i. Letters of Agreement shall be subject to approval in accordance with the Local Bylaws or

                                Constitution.

 

                3. Members may remove by vote;

 

                                a. Local Officers,

                                b. Unit Representatives, and

                                c. Delegate(s) to the APEA/AFT Biennial Caucus.

 

                4. Members may recommend Collective Bargaining Agreement objectives to the Negotiators.

 

SECTION III – ORGANIZATION

 

A. Local Officers:

 

                1. The Local shall elect a;

 

a. Local President,

b. Local Vice-President,

c. Local Secretary/Treasurer.

 

                2. Qualifications;

 

                                a. A person seeking a Local Office shall have completed the negotiated probationary period and

                                    been a member in good standing of the Local and the APEA/AFT prior to the date of their

                                    nomination and maintain that status throughout their term.

 

                3. Selection;

 

                                a. The Local Officers shall be nominated and elected by members in good standing at the Local

                                 Annual Meeting,

                                b. Thirty days prior to the Local Annual Meeting, nominations for Local Officers will be opened,

                                c. To be elected, a candidate must receive the majority of the votes of those cast by ballot, and

                                d. The incumbent President, Vice-President, and Secretary/Treasurer shall conduct the election of

                                 the Local’s Officers.

 

                4. Term of Office;

 

                                a. Local Officers term of office will be three (3) years and shall end within thirty (30) days of

    ratification and implementation of a new Collective Bargaining Agreement. If Collective

    Bargaining Negotiations has commenced, when the three (3) year term expires, Local Officer

    Elections shall be held within thirty (30) days upon ratification and implementation of a new

    Collective Bargaining Agreement. The Local Officers shall assume the duties of Office

    immediately upon election.

b. There will be no limit on the number of consecutive or total terms served.

 

                5. Authority;

 

                                a. The Local President shall;

 

                                                1.  Set the agenda and preside at all meetings of the Local, except as excused by the Vice-

     President,

2.  Be familiar with the terms and conditions of our Local Collective Bargaining

     Agreement and Local APEA/AFT, and AFT Bylaws,

3.  Be familiar with the terms and conditions of the Ketchikan Gateway Borough

     Personnel Policy Manual,

4.  Appoint all necessary committees,

5.  Be present as a delegate at the APEA/AFT Caucus,

6.  Have the authority to co-sign checks and vouchers,

7.  Be director of the Local, recall, and other special elections,

8.  Provide the Business Manager with a list of requested training programs for

     consideration,

9.  Sign Leave Bank Requests, and

                                              10. Perform as a Negotiator as defined in Section III (B)(7)(b).

                                           11. Serve as the APEA/AFT Local 6137 Representative on the Ketchikan Central Labor

      Council.

12. Properly represent the Local at all Ketchikan Central labor Council (hereafter known

       as KCLC) meetings.

13. Prior to each KCLC meeting, provide information and make regular reports of the

      KCLC activities at each Local meeting or by posted notices to the membership.

 

                                b. The Local Vice-President shall;

 

                                                1.  Attend all Local Meetings, except as excused by the Local President,

2.  Be familiar with the terms and conditions of our Local Collective Bargaining

     Agreement and Local APEA/AFT, and AFT Bylaws,

3.  Be familiar with the terms and conditions of the Ketchikan Gateway Borough

     Personnel Policy Manual,

4.  Perform the duties of the Local President in the absence of, or upon the request of,

     the Local President,

5.  Have the authority to co-sign checks and vouchers in the absence of the Local

      President or Local Secretary/Treasurer, and

6.  Sign Leave Bank Requests in the absence of the Local President.

 

c. The Local Secretary/Treasurer shall;

 

                                                1.  Attend all Local Meetings, except as excused by the Local President,

2.  Be familiar with the terms and conditions of our Local Collective Bargaining

     Agreement and Local APEA/AFT, and AFT Bylaws,

3.  Be familiar with the terms and conditions of the Ketchikan Gateway Borough

     Personnel Policy Manual,

4.  Keep accurate records of all proceedings,

5.  Be the custodian of the records and property for the Local,

6.  Keep accurate accounts of all receipts and disbursements,

7.  Give notice of meetings as directed by the Local President, and post notice on all

     Local Bulletin Boards through Local Employee Representatives seven (7) days prior

     to the meeting date,

8.  Prepare copies of the minutes and make an itemized report to the Local at each regular

     meeting on the Local’s financial status,

9.  Prepare copies of current Local and Unit Officers,

                                              10. Retain for the Local’s records and send copies of the Local and Unit Officer lists to

                                                 each Local member, the APEA/AFT Business Manager, and the Borough Manager

                                                 within fourteen (14) days of the notice of newly elected Officers,

                                                11. Send copies of the minutes by first class mail to the APEA/AFT Business Manager

                                                 within thirty (30) days of each meeting. All subsequent corrections or revisions to the

                                                 minutes will be included with the minutes of the following meeting,

                                                12. Be responsible for other such duties as may be required by the Local President or the

                                                 APEA/AFT or AFT Bylaws,

                                                13. Record into the minutes of each Local meeting a roll call attendance of Local

                                                 Officers, Unit Officers, and members present,

                                                14. Ensure that Local accounts shall be open at all times and be audited annually,

                                                15. Have the authority to co-sign checks and vouchers,

                                                16. Prepare an annual Local budget for the ensuing year to be submitted for approval by

                                                 the members at the Local Annual Meeting, and

                                                17. Be bonded at Local expense in an amount specified by the Local.

 

 

 

B. Unit Representatives:

 

                1. Local Unit Divisions;

 

                                a. The Local shall be divided into Units that will represent the members as their duties call. The

                                 Units will be;

 

                                                1.  Assessing and Animal Control,

                                                2.  Planning, Revenue, and Accounting,

                                                3.  Airport, and

                                                4.  Transit

 

                2. Unit Representatives;

 

                                a. Each Unit will have one (1) Representative in each of the following capacities, except the

                                 Airport which will have two (2) Representatives in each capacity;

 

                                                1.  Employee Representative,

                                                2.  Negotiator,

                                                3.  Labor/Management Committee (hereafter known as the LMC) Member, and

                                                4.  Safety Committee Member.

 

                3. Elections;

 

                                a. Within thirty (30) days of ratification and implementation of a new Collective Bargaining

                                 Agreement each Unit shall conduct elections to determine their representatives as set forth in

                                 Section III.B.1 of this document,

                                b. All Unit elections will be conducted by the incumbent Employee Representative(s) and one (1)

                                 other incumbent representative from that Unit. and

                                c. The method of elections is to be decided by those conducting the election.

 

                4. Qualifications;

 

                                a. A person seeking a Unit Representative position shall have completed the negotiated

                                 probationary period and been a member in good standing of the KGBL and APEA/AFT prior to

                                 the date of their nomination and maintain that status throughout their term.

 

                5. Selection;

 

                                a. A person seeking a Unit Representative position shall be nominated and elected by members of

                                 that unit who are in good standing at the time of the election,

                                b. Thirty (30) days prior to the election date, nominations for the corresponding Unit

                                 Representative position(s) will be opened,    and

                                c. To be elected, a candidate must receive the most votes of those cast.

 

                6. Term of Office;

 

                                a. The Employee Representative, Negotiator, Labor/Management Committee Member, and Saftey

                                 Committee Member shall assume duties of the Office immediately upon election after elections

                                 have been conducted as per Section III.B.3 of this document,

b. Their term of office shall end within thirty (30) days of ratification and implementation of a new

    Collective Bargaining Agreement, and

c. There will be no limit on the number of consecutive or total terms served.

 

                7. Authority;

 

                                a. The Employee Representative shall;

 

                                                1.  Attend all Local Meetings, except as excused by the Local President,

2.  Be familiar with the terms and conditions of our Local Collective Bargaining

     Agreement and Local APEA/AFT, and AFT Bylaws,

3.  Be familiar with the terms and conditions of the Ketchikan Gateway Borough

                                                 Personnel Policy Manual,

                                                4.  Provide information concerning proper grievance procedures to members requesting

                                                 such information,

                                                5.  Organize the employees for employee action,

                                                6.  Assist members with job-related disputes and grievances,

                                                7.  Participate in Employee Representative training,

                                                8.  Distribute State Federation and Local information,

                                                9.  Orient new employees to the APEA/AFT,

                                                10. Conduct polls and surveys,

                                                11. Solicit information for Negotiators,

                                                12. Recommend candidates for bargaining Unit Negotiators, Labor/Management

                                                 Committee, Safety Committee, and Constituency Councils,

                                                13. Work with professional staff and provide information obtained in the investigation of

                                                  a grievance of complaint, and

                                                14. Provide the Local President with a list of requested training programs for

                                                  consideration.

 

                                b. The Negotiator shall;

 

                                                1.  Attend all Local Meetings, except as excused by the Local President,

2.  Be familiar with the terms and conditions of our Local Collective Bargaining

     Agreement and Local APEA/AFT, and AFT Bylaws,

3.  Be familiar with the terms and conditions of the Ketchikan Gateway Borough

                                                 Personnel Policy Manual,

                                                4.  Participate in Negotiator training,

                                                5.  Participate as a member of the Local Negotiation Team in Collective Bargaining

                                                Negotiations with three (3) other Unit Negotiators, the Local President, and the

                                                APEA/AFT Staff Person(s) who shall be the Chief Negotiator(s),

                                                6.  Prepare and distribute to all Local members, a survey, requesting input and guidance

                                                for upcoming negotiations,

                                                7.  Prepare a Collective Bargaining Agreement Proposal,

                                                8.  Modify the Collective Bargaining Agreement Proposal during negotiations,

                                                9.  Make news releases pertaining to negotiations,

                                                10. Reach tentative agreement on a Collective Bargaining Agreement,

                                                11. Submit a tentative agreement to the membership for ratification,

                                                12. After ratification of a tentative agreement, to and along with the Executive Director

                                                 (or his/her designee), sign such agreement or,

                                                13. Declare impasse and call for a strike vote authorization, and

                                                14. After a certification vote to strike has been obtained, call a strike.

 

                                c. The Labor/Management Committee Member shall;

 

                                                1.  Attend all Local Meetings, except as excused by the Local President,

2.  Be familiar with the terms and conditions of our Local Collective Bargaining

     Agreement and Local APEA/AFT, and AFT Bylaws,

3.  Be familiar with the terms and conditions of the Ketchikan Gateway Borough

                                                 Personnel Policy Manual,

                                                4.  Attend all LMC Meetings,

                                                5.  At the Meetings, list and explain your Unit’s concerns to the management,

                                                6.  At the Meetings, obtain changes or clarifications to policies in question by the LMC,

                                                7.  Provide their Unit Employee Representative with a list of items that were unresolved

by the committee, for the purpose of filing a possible grievance, or unfair labor practice (hereafter known as a ULP), and

                                                8.  Within their Unit, post the LMC Meeting Minutes on all Local Bulletin Boards no

                                                 later than seven (7) days of each LMC Meeting.

 

                                d. The Safety Committee Member shall;

 

                                                1.  Attend all Local Meetings, except as excused by the Local President,

2.  Be familiar with the terms and conditions of our Local Collective Bargaining

     Agreement and Local APEA/AFT, and AFT Bylaws,

3.  Be familiar with the terms and conditions of the Ketchikan Gateway Borough

                                                 Personnel Policy Manual,

                                                4.  Attend all Safety Committee Meetings,

                                                5.  At the Meetings, list and explain your Unit’s concerns to the management,

                                                6.  Provide their Unit Employee Representative with a list of items that were unresolved

                                                by the committee, for the purpose of filing a possible grievance, or ULP, and

                                                7.  Within their Unit, post the Safety Committee Meeting Minutes on all Local Bulletin

                                                Boards no later that seven (7) days of each Safety Committee Meeting.

 

SECTION IV – LOCAL MEETINGS

 

                The Local shall hold at a minimum, four (4) meetings each year, to be called at the Local Presidents discretion. One (1) of these meetings shall be designated as the Local Annual Meeting. All meetings shall be open to members of the Local, and members of the APEA/AFT and AFT affiliates.

 

A. Local Annual Meeting:

 

                1. Date;

                               

                                a. The Local Annual Meeting shall be held not less than thirty (30) days or more than sixty (60)

                                 days following the ratification of the latest Collective Bargaining Agreement, or the anniversary

                                 date of such CBA between negotiation years.

 

                2. Purpose, the business of the Local Annual Meeting shall include but not be limited to;

 

                                a. Local Officer elections,

                                b. Recommend resolutions and changes to the Constitution or Bylaws and Articles of

                                 Incorporation,

                                c. Any business requested by the State Federation,

                                d. Local Budget proposal for the following year,

                                e. Establish goals and priorities, and

                                f. The announcement of each Unit’s Representatives;

 

                                                1.  Employee Representative(s),

                                                2.  Negotiator,

                                                3.  Labor/Management Committee Member, and

                                                4.  Safety Committee Member.

 

B. Special Meetings:

 

                1. Purpose;

 

a. Special meetings will be called to address specific topics or issues of interest to the Local,

b. Only the specific topic(s) or issue(s) need be addressed, and

c. Other issue(s) or topic(s) can be discussed.

 

                2. Ability to call;

 

                                a. The Local President shall call special meetings within seven (7) days of a request by ten (10)

                                 percent (10%) of the Local members in good standing.

 

                3. Designation;

 

                                a. Special Meetings can be designated as one (1) of the four (4) required Local Meetings.

 

SECTION V – QUORUM

 

A. Definition:

 

                1. A quorum at any Local Meeting shall consist of at least five (5) members present with at least one (1)

                  member from each of the four (4) defined Units.

 

B. Power:

 

                1. A quorum of the Local shall have the ability to define Local Policy.

 

SECTION VI – VOTING

 

                1. The method of voting at all Local meetings shall be decided at the Local Presidents discretion;

               

                2. Upon demand of one-fifth (1/5) of the members present, a secret ballot shall be used;

 

                3. Election and removal of Officers shall be by secret ballot;

 

                4. Written notice of any nomination procedure must be provided to each member or published prominently

                   in a local publication and or posted at the work sites at least seven (7) days before nominations are

                   closed;

 

                5. Members shall have the ballot delivered or mailed, when required, to them at least seven (7) days before

                   the election;

 

SECTION VII – RULES OF ORDER

 

                1. Robert’s Rules of Order shall govern the proceedings of all meetings of the Local when not in conflict

                  with the restated Articles of Incorporation or Bylaws of the APEA/AFT.

 

SECTION VIII – RECALL

 

                1. Local Officers and Unit Representatives are subject to removal from office if found, by the members in

                   good standing of the Local or their Unit of the Officer in question, to be derelict in the fulfilling of their

                   duties;

 

                2. Approval of a recall vote shall be determined by a majority of those present at a special meeting

                  convened for that purpose. If approved, the recall vote shall be conducted by secret mail-out ballot and

                  removal of such Local Officer or Unit Representative shall require a two-thirds (2/3) vote of the ballots

                  returned;

 

                3. The Local President shall conduct the recall election unless the Local President is the subject of the

                   recall, in which case the Local Vice-President shall conduct the election. All ballots must be mailed out

                   within seven (7) days of the date of the special meeting. To be considered valid, all returned ballots must

                   be postmarked no later that fourteen (14) days from the date of mailing.

 

SECTION IX – HANDLING OF FUNDS

 

                1. All cash receipts shall be promptly deposited. Funds shall be dispersed only by check signed by any two

                  (2) of the following;

 

                                a. Local President,

                                b. Local Vice-President, or

                                c. Local Secretary/Treasurer.

 

SECTION X – AMENDMENTS

 

                1. Amendments to the Local Bylaws may be made by the membership at any meeting if approved by two-

                   thirds (2/3) of all votes cast.

 

SECTION XI – VACANCIES

 

A. Local Officers:

 

                1. Should a vacancy occur of any elected Local Officer, it shall be filled by temporary appointment by the

                  Local President, or Local Vice-President in the event that the Local President seat is vacant;

 

                2. If the vacancy occurs more than sixty (60) days prior to the next regular election of Local Officers, a

                   special election shall be held to fill the remainder of the term.

 

B. Unit Representatives:

 

                1. Should a vacancy occur of any elected Unit Representative, a special election will be held by that Unit’s

                  Employee Representative(s) and one other elected Representative of that Unit, or by two of that Unit’s

                  remaining Representatives in the event that a Employee Representative seat is vacant.

 

SECTION XII – LOCAL DUES AND INTIATION FEES

 

A. Local Dues:

 

                1. Definition;

 

                                a. Local dues may consist of a monetary and an hourly Paid Time Off (hereafter known as PTO)

                                 contribution amount (into the Association Business Leave Bank). The monetary and PTO

                                 hourly contribution amount shall be subject to Agency Fee Payer rules,

                                b. All monetary Dues and Initiation Fees from payroll deduction shall be transmitted directly to

                                 the APEA/AFT Headquarters. The amount allocated for return to the Local shall be deposited

                                 into the Local’s Bank Account within thirty (30) days, and

                                c. Part-time members shall be assessed on a pro-rated basis.

 

                2. Monetary Local Dues;

 

                                a. There is hereby established a Local Monetary Bank. The assessment of which is to be

                                 determined by the members, in an amount and frequency, as the members deem necessary.

 

                3. Association Business Leave Bank;

                               

                                a. There is hereby established an APEA/AFT Business Leave Bank with an annual assessment of

                                 four (4) hours of PTO from each full-time and part-time member of the Local bargaining unit,

                                b. Such annual transfer of PTO Leave shall occur on January 1st of each progressive year,

                                c. Each new Local member shall be assessed a one-time twelve-hour PTO Initiation Fee. The

                                 twelve (12) hours of PTO will be assessed and deposited into the Association Business Leave

                                 Bank when that leave first becomes available,

                                d. In the event the balance in the Bank falls below an acceptable level, as determined by the Local

                                 President, additional assessments may be made in increments of full hours or multiples thereof,

                                e. Association Business Leave may be used to conduct the affairs of the State Federation, the

                                 Local, and to administer the Collective Bargaining Agreement between the Ketchikan Gateway

                                 Borough and the APEA/AFT,

                                f. The Local President shall authorize the use of the bank, however, the Employer shall approve

                                 the absence from work on the same basis as PTO leave, except that such approval shall not be

                                 unreasonably denied,

                                g. The use of accumulated hours from the Association Business Leave Bank shall be pay neutral to

                                 the member. While on Association Business Leave, the member shall be paid, by the employer,

                                 the amount which they would have earned had the member worked their normally scheduled

                                 shift at their current regular rate of pay for that specific shift.

 


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Last Updated August 29, 2006