NEBRASKA ASSOCIATION OF PUBLIC EMPLOYEES

NEBRASKA ASSOCIATION OF PUBLIC EMPLOYEES

AFSCME LOCAL 61

BYLAWS

ARTICLE I

GENERAL

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

Section 2. Fiscal and Administrative Year: The fiscal and administrative year for the Union shall be from July 1 through June 30.

ARTICLE II

MEMBERSHIP

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

A. Active Membership: All state employees in the State of Nebraska and employees of the Richardson County Road Department and the City of Beatrice and Bellevue shall be eligible for Active membership with all privileges thereunto pertaining, including without limitation, the right to vote and hold office upon payment of membership dues, or upon enrollment with the proper authorities for payroll deduction of dues.

B. Employee Membership: Employees of this union may become members of the union, but such members shall not be eligible to vote or hold any position on the union’s board of directors.

C. Retiree Membership: Retiree membership may be granted to any retired state employee or their spouse. Retiree dues paying members shall have the right to serve on and chair various committees to which the chairman of the board of directors may wish to appoint such members.

Retiree members may be represented on the board of directors by one (1) non-voting director to be elected from among the ranks of the retiree members by a plurality vote or, in event no such election has taken place, by appointment of the chairman of the board of directors.

Retiree members may form a chapter under the conditions of Article VII.

D. Withdrawal from Membership: Any active eligible member wishing to withdraw from the union may only do so by submitting a notice of withdrawal to the NAPE/AFSCME office which is postmarked or received during the time period June 1 - June 30 of any calendar year. A member may withdraw at any time under the following circumstances:

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

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

C. If the member retires.

D. If the member enters military service.

Section 2. Dues, Fees and Assessments:

A. Initiation Fee: There shall be no initiation fee levied at the time of enrollment as a member of the union.

B. Membership Dues: Dues for all classes of membership except Retiree membership shall be at 1.2% of a member’s monthly base salary, with a minimum of $10.00 per month and a maximum of $33.00 per month effective August 1, 2005. Retiree dues shall be $20.00 per year.

C. Assessments: No special assessments on members shall be levied except upon a majority vote of those members voting in a special ballot of the membership or by a majority of the delegates to the biennial convention.

Section 3. Timely Dues Payment, Voting Privileges, Expulsion and Reinstatement:

A. Any member failing to pay dues within 30 days after the expiration of the last month paid shall forfeit all voting privileges within the union except that when a member is unemployed for more than twenty days in any calendar month and does not receive unemployment compensation or sick leave pay or other remuneration, such unemployed member may be entitled to credit for membership dues for the period of unemployment but not to exceed six months in any calendar year.

B. Expulsion for Non-Payment of Dues: Any members who fail to pay their dues within 30 (thirty) days after expiration of the last month paid shall be notified in writing that they are in arrears. If the members fail to remit their dues within 30 days thereafter, they shall be considered expelled.

C. Reinstatement of Expelled Members: A previous member may be reinstated upon his or her agreement to be placed on payroll deduction or pay cash in advance for a period of not less than twelve months, without being required to pay any dues in arrears.

D. Reinstated Member: Any reinstated member shall be given the same status as new member.

Section 4. Grievances:

A. Representation: All grievances shall be submitted to the executive director or designated representative who shall, after gathering the facts, decide the involvement of the union in such grievance. If representation is provided, the union retains the right to determine what form the representation will take (steward, staff representative, legal counsel, etc.) as well as duration of such representation. Even though representation may have been provided at one stage, the union still retains the right to determine whether it will be provided at any succeeding step. Application of this section shall be in accordance with the Membership Rights Policy, as developed by the board of directors of the union.

B. Appeal from Administrative Hearing: Any court appeal decision shall be at the discretion of the union, and shall be based upon policies determined by the board of directors of the union.

Section 5. Collective Bargaining:

A. Bargaining Unit Formation: Where a majority of the eligible employees in an applicable unit desire to form a bargaining unit and if more than thirty (30) percent of these employees are active members of the union, collective bargaining may be initiated through the union following certification of the bargaining unit by the Commission of Industrial Relations (CIR), or if the unit is voluntarily recognized by the state. The goal in each bargaining unit shall be ninety-nine (99) percent active membership. If it is deemed necessary or desirable, the board of directors may waive the above 30% guideline for units with a lesser membership. Such waiver may only occur upon a 60% vote of the board.

B. Bargaining Unit Representation:

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

C. Team Selection/Ratification: Where the bargaining units have been certified by the CIR and/or voluntarily recognized by the state the following provisions shall apply to selection of bargaining teams and ratification of labor agreements.

1) The NAPE/AFSCME board of directors shall establish procedures for selection of the bargaining team members.

2) Ratification of labor agreements and/or declaration of bargaining impasses shall be based upon a majority of those NAPE members voting in the bargaining unit(s). All agreements entered into shall be submitted to the general membership of applicable certified bargaining unit(s) for a vote. Voting shall be conducted at town hall meetings/work-site polling stations conducted by bargaining team members/NAPE-AFSCME Representatives. Provisions shall be made for absentee ballots for those who are ill, have family illness, work obligations or other emergencies.

All ballots shall be secret and left unopened and delivered to the appropriate NAPE/AFSCME representative to be counted by the tellers committee after all meetings have been held. All ballots shall be sealed in an envelope, signed by the voting member.

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

D. Post Ratification Authority of Bargaining Team: Each bargaining team shall have the full authority of the Union to negotiate changes in wages, hours and working conditions during the term of the labor agreement. If such changes are contrary to the intent of the labor agreement, as determined by the appropriate bargaining team, said changes will require membership ratification.

ARTICLE III

MEETINGS OF THE UNION

Section 1. Open Meetings: All meetings of the union shall be open to any member of the Union unless specifically ruled otherwise by a majority of those attending the meeting. Such member shall attend as an observer and may be accorded floor privileges at the discretion of the chairman of the meeting.

Section 2. Biennial Convention Meeting:

A. The biennial convention meeting of this union shall be held at a time and place designated by the board of directors. Notice of the meeting, copies of the agenda and proposed resolutions shall be mailed to the union delegates no later than four (4) weeks prior to the date of the meeting. Procedures for conducting business at the biennial convention meeting shall be as outlined in these bylaws.

B. Resolutions for consideration by the biennial convention must be delivered to the NAPE office in the proper form by five (5) weeks prior to the biennial convention. NAPE secretary will notify chapters in writing twelve (12) weeks prior to the biennial convention that resolutions are due. Resolutions will be reviewed and consolidated where appropriate.

Resolutions for consideration by the biennial convention shall be submitted by a chapter, the board, or a duly elected delegate.

C. A quorum for the transaction of business at biennial convention meetings shall be a majority of the total duly authorized delegates or their alternates in attendance. A delegate or alternate shall serve until the next scheduled election.

Section 3. Special Meetings of the Delegate Assembly: A special meeting of the delegate assembly of the union may be called by the chairman of the board of directors noting the special purpose for which it is called:

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

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

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

B. No business shall be transacted except that stated in the call. The secretary of the union shall be responsible for notifying each chapter president and delegate of the meeting and the business to be transacted, at least 15 days prior to such meeting. Delegates and alternates to a special meeting shall be the same as at the most recent and prior biennial convention.

Section 4. NAPE/AFSCME Local 61 will biennially elect and send delegates to the AFSCME International Convention. The Local 61 chairperson of the board will be considered an automatic delegate to each AFSCME International Convention.

Section 5. Board of Directors Regular Meetings: The board of directors shall hold a minimum of four (4) regular meetings each administrative year. These regular meetings shall be at a time and place as determined by the chairman of the board of directors.

Section 6. Special Meetings:

A. Special Board Meetings: Special meetings of the board shall be called by the chairman of the board at his discretion or upon a majority vote of the board of directors. The chairman shall name the date and time of the special meeting and give notice in writing to all board members at least seven (7) days prior to such meeting. Business shall be restricted to the subject named in the call.

Section 7. Order of Business and Parliamentary Procedure:

A. Parliamentary Procedure: Roberts Rules of Order, latest edition, when not in conflict with the Articles of Incorporation and Bylaws, shall be recognized as the authority governing all meetings and conferences of the union and the board of directors.

ARTICLE IV

DELEGATE ASSEMBLY

Section 1. Powers and Duties: The delegate assembly shall determine the overall policies and direction of the union within the limits of the bylaws and as set forth by resolution or action at the biennial convention.

Section 2.

A. Voting at Biennial Convention: Only duly authorized delegates or their alternates shall be entitled to vote at biennial convention meetings. The vote at such meetings may be taken verbally on all questions, however a roll call vote or written ballot shall be taken whenever requested by a voting delegate and approved by a majority of those delegates present.

B. Delegates to Biennial Convention Meetings: To be eligible for election as a delegate to the biennial convention, a member must have been a dues-paying member in good standing at least 90 consecutive days prior to the date of the convention. Elected delegates at the biennial convention shall be based on the number of directors in each director district. Two delegates are allowed per director, with a like number of alternates. The elected delegates shall come from the chapter board seat and/or the member-at-large board seat on a proportional (one member-one vote) basis. Chapter presidents and members of the board of directors are automatically delegates to the biennial convention. Directors are responsible for encouraging nominations for delegates.

C. Election of Delegates: Members at large shall elect delegates by a mail ballot. Ballots with nominees listed in alphabetical order shall be submitted to all members-at-large in the district in which the members work at least eight (8) weeks prior to the biennial convention. All ballots must be received in the union office by six (6) weeks prior to the biennial convention to be eligible for counting as valid ballots. Chapters may choose to nominate and elect delegates either at a chapter meeting or by a mail ballot. Chapters shall conduct the election according to the AFSCME Local Union Election Manual and shall notify the Union of the duly elected delegates at least one month in advance of the convention. If a chapter elects by mail ballot, ballots with nominees listed in alphabetical order shall be submitted to all its chapter members at least nine (9) weeks prior to the biennial convention. All ballots must be received by the chapter by six (6) weeks prior to the biennial convention to be eligible for counting as valid ballots.

Section 3. Organization: Officers of the Union shall serve as officers of the delegate assembly.

ARTICLE V

BOARD OF DIRECTORS

Section 1. Powers and Duties of the Board: The board of directors shall supervise and direct the affairs of the union, based on policies and resolutions determined by the delegate assembly, shall interpret policies or changes therein within the limits of the bylaws, shall actively prosecute its purpose and shall determine the budget and oversee the disbursement of funds. It may adopt such rules and regulations for the conduct of its business as shall be deemed advisable, and may, in the execution of the powers granted, appoint such agents as it may consider necessary.

Section 2. Organization of the Board of Directors: The board of directors shall meet annually to organize and shall select from among their number a chairman, a vice-chairman, a secretary, a treasurer, and a sergeant-at-arms, who shall hold office for one year. A majority of the members of the board of directors shall constitute a quorum for the transaction of business.

Section 3. Composition of the Board of Directors: The board of directors shall consist of no more than twenty-five (25) active members. Board members shall be elected by geographic district, with a minimum number of six districts. Board members shall be elected by members of chapters on a proportional (one member-one vote) basis within a geographic district. In districts where chapters and members-at-large exist, chapter members shall elect chapter board members and members-at-large shall elect at-large board members on a proportional (one member-one vote) basis. Board members shall be eligible for election in the district in which they work.

District boundaries and boundaries within districts where chapters and members-at-large exist shall be reviewed every year, beginning in fiscal year 2000-2001, by an apportionment committee appointed by the chairman of the board of directors. Such committee shall be appointed during the first meeting of the board of directors for the fiscal year, and the committee shall use as its membership guideline the membership total as of July 15 of the current fiscal year. The board of directors may implement further policies for the guidance of the apportionment committee as deemed necessary. The apportionment committee shall deliver a recommendation to the board, and the board shall render a decision regarding apportionment, by the following January board meeting.

The number of directors allocated to each geographic district shall be determined by the following means:

The total number of members as of July 15 shall be divided by the number of potential board seats (25). This will determine the number of members per board seat.

The number of members in each district will be divided by the number of members per board seat to determine the number of board seats to be allocated to each district. Such number shall be rounded to the nearest whole number.

EXAMPLE: (The numbers used are for illustrative purposes only)

Step 1: Number of members on July 15 is 4,000. This number, when divided by the number of board seats (25), determined the number of members per board seat. In this illustration, 4,000 divided by 25 equals 160. 160 is the number of members per board seat.

Step 2: District III contains 768 members. This number (768), divided by the number of members per board seat (160), equals 4.8. In this example District III would be allocated 5 board seats. (4.8 rounded to the nearest whole number).

Within a district a chapter shall elect its own board member if chapter membership is equal to or greater than the number of members per board seat. Chapters shall be entitled to additional board seats for each additional number of members required for a board seat. Board seats shall be allocated based on numbers rounded to the nearest whole number. The apportionment committee may aggregate chapter membership to assign board seats. If the membership of a chapter is too small to warrant a board seat, then the combined membership of one or more chapters equal to or greater than the amount required for a board seat may be treated as one chapter for the purpose of electing a board seat.

The board may also include one (1) director from the retiree membership roll who shall act in an advisory capacity only. This seat shall not be included in the total allocated to voting directors.

Section 4. Board of Directors Qualifications: Each director shall be and have been a dues-paying member of the Union for at least six (6) months, and shall be willing to accept the duties and responsibilities of the office.

Section 5. Board of Directors Terms of Office: The number of directors on the board shall be subject to review and adjustment by the board of directors in accordance with Section 3 of this article. The number of directors elected in any given year shall be dependent upon the review and adjustment mentioned above. A director may serve successful terms. Each director shall serve for a term of two years, such term to commence at the first scheduled board meeting of the fiscal year following the director’s election, until the election held in 2006. In the election in 2006 and every odd year thereafter, only those members from districts starting with an odd number shall be elected. Elections for board members from districts starting with an even number shall be held in 2006 and every other year thereafter, (even years).

Section 6. Nomination and Election of Board of Directors:

A. Nominations: Any member of the union may nominate a member of the union, including themselves, for the office of director, by submitting such name, together with the division of which the nominee is a member, to the union office by nine (9) weeks prior to the initial board meeting of each new fiscal year.

B. Ballots: The union office shall be responsible for supplying ballots, along with a return envelope properly marked, to all members voting for a director. All ballots shall be mailed to voting members by seven (7) weeks prior to the initial board meeting of the fiscal year. All ballots must be received in the union office by four (4) weeks prior to the initial board meeting of the fiscal year to be properly counted as valid ballots. A committee (consisting of at least five persons, from at least three separate bargaining units, appointed by the chairman of the board of directors) shall tabulate the ballots and provide the results to the board. No member of the committee shall be a candidate in the election. Board members shall be elected by a majority of votes cast in the election. Should a runoff election be necessary between candidates failing to obtain such majority, ballots shall be sent out by three (3) weeks prior to the first board meeting of the fiscal year, with such ballots to be received in the union office by one week prior to such meeting. All other details of election procedure shall be determined by policies developed by the board of directors.

C. Chapter Elections: Chapters may choose to conduct nominations and elections for board seats either at a chapter meeting or by mail ballot according to the procedure in A. and B. Nominations and elections must be conducted according to the AFSCME Local Union Election Manual with elections completed at least one week prior to the initial board meeting of each new fiscal year.

Section 7. Vacancies on the Board of Directors: If a vacancy occurs on the board of directors, the remaining directors shall fill the vacancy from that director’s constituency. The newly appointed director shall serve for the remainder of the unexpired term. If the vacancy also creates a vacancy in the position of chairman of the board, or any other office of the board, that office shall first be filled from the then remaining members of the board of directors. A vacancy on the board of directors or in the above office shall be deemed to exist by the board of directors when the officer has retired, died, resigned, been terminated from employment, or is physically or mentally not capable of carrying out the duties of his or her office. In the event a director is transferred from the area he or she represents, the Directorship shall be deemed vacated.

Section 8. Recall from the Board of Directors: A member of the board shall be recalled if a petition containing valid signatures of 55% of the union members in that chapter(s) or area for a member at large seat is presented to the board of directors.

Section 9. Surrender of Records and Property of the Union: All officers and members of the board of directors, upon the expiration of their terms of office or removal from the board of directors, shall surrender to the board of directors all records and property of the union.

Section 10. Meeting Attendance: Any officer or member of the board of directors who fails to attend two (2) consecutive regular board of director meetings without submitting a reason acceptable to the members of the board of directors shall be deemed to have vacated the office.

Section 11. Expenses and Compensation of the Board of Directors:

A. Compensation: Directors of the union shall not be paid a salary or wage for their services to the union.

B. Expenses: The board of directors may reimburse union directors for their reasonable expenses, if any, incurred while on union business.

Section 12. Committees of the Board of Directors:

A. Authorization: The board of directors may authorize committees as necessary. The board of directors shall determine the duties of such committees, which shall not be inconsistent with the Articles of Incorporation or the bylaws of the union.

B. Composition: Each committee shall consist of at least three (3) members. One (1) shall be a member of the board of directors named by the chairman, and a majority thereof shall constitute a quorum at any meeting.

C. Operation: The chairman of the committee shall conduct the meetings and report to the board of directors on its deliberations and recommendations.

D. Standing Committees:

(1) Executive Committee:

a. Composition: This committee will involve all of the elected board officers and two additional at-large board members, as elected by the full board.

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

c. A majority of the members shall constitute a quorum for the purpose of conducting any business.

Section 13. Any Board member found to be in violation of number (3) or number (4), of Article XI, Section 1, shall be removed from office.

ARTICLE VI

OFFICERS

Section 1. Officers of the Board of Directors: The officers of this union shall be a chairman, vice-chairman, secretary, treasurer and sergeant-at-arms, who shall be elected from the board of directors and hold office for one year. It is recommended that no more than one (1) of the offices of chairman, vice-chairman may be filled by an employee or officer from any one department, board, commission or other subsidiary or entity of the state. The terms of office shall ordinarily be the same as the fiscal administrative year of the union, or until their successors have been named and installed in the office to which they have been elected. Officers may serve successive terms.

A. Chairman of the Board: The chairman of the board of directors shall preside at all meetings of the board of directors and the union. The chairman shall perform all other duties that usually pertain to the office or as are delegated by the board of directors, and/or the union bylaws.

B. Vice-Chairman of the Board of Directors: The vice-chairman shall assist the chairman when called upon to do so and shall in the case of absence or disability of the chairman perform the duties pertaining to that office. He shall assume the responsibilities of the chairman for the unexpired term of the chairman should there occur a vacancy mid-term.

C. Secretary of the Board of Directors: The secretary shall be responsible for a record of the minutes of all meetings of the board of directors and the union; and shall keep a complete, current and accurate list of all members of the union. The secretary shall keep in safe custody the official seal of the union and shall affix it to all legal documents as directed by the board of directors. The secretary shall see that proper notice is given of all meetings to the members of the union and to the board of directors.

D. Treasurer of the Board of Directors: The treasurer shall be responsible for all monies, securities and expenditures of the union. The treasurer shall oversee the keeping of the books, which shall be kept in the union office. All monies shall be deposited in such repositories only, as selected by the board of directors. The treasurer shall present an accounting of the financial condition of the union to the board of directors at their regular meetings, or whenever requested. All disbursements shall be made by check, with all checks requiring two (2) signatures as specified by the board. Any expenditure, not included in the annual budget, must be approved by the board of directors. The treasurer may, with the approval and authority from the board of directors delegate the duties herein described, in whole or in part, to employees of the union.

E. Sergeant-at-Arms: The sergeant-at-arms shall be responsible for overseeing the authentication of Delegates’ credentials and verifying the voting strength for each ballot at the biennial convention; shall be chairman of the teller’s committee appointed by the chairman of the board to conduct the written balloting at any meeting and to tabulate the ballots; shall be responsible for keeping order at any meeting of the board or union, and shall perform such other duties as may be required by the chairman or the board of directors. With the approval and authority from the board of directors, the sergeant-at-arms may delegate the duties herein described, in whole or in part, to employees of the union.

F. Executive Director: The administration and management of the union shall be handled by an executive director, employed by and directly responsible to the board of directors. The executive director shall receive direction from the board of directors through the chairman of the union, and be responsible for the day to day implementation of policies as determined by the board; shall have and exercise supervision and direction over all staff and persons employed or retained by the union and shall with the approval of the board of directors make adjustments necessary for the satisfactory completion of assignments and duties as may be assigned.

The executive director shall submit a written report annually on the operations of the union at the biennial convention and such interim reports as may be deemed necessary and advisable by the board of directors.

G. Legal Counsel: The board of directors may retain legal counsel to represent the board and the union.

ARTICLE VII

CHAPTERS

Section 1. Chapters: Chapters of the union may be formed by petitioning the board of directors. The constitution and bylaws of such chapter must be approved by the board of directors, and must not be in conflict or contradict the Articles of Incorporation and bylaws of the union. All chapters shall have such officers, as the chapter may deem appropriate.

A. Composition: Chapter members must be members of the union employed in any governmental department, division, locality or any combination of the above. Chapter manuals with suggestions for the operations of a chapter including suggested bylaws are available at the NAPE office.

B. Purpose: Chapters have the purpose of stimulating interest, active participation, recreation and fellowship of the entire membership in the programs of the union. Chapter meetings provide a means of communication between the members and the board of directors.

C. Finances: Chapters may levy dues of their members as determined by a majority vote at the chapter annual meeting. A roster of chapter officers and members, and a current financial report shall be submitted to the union office before July 1 of each year. Said roster shall be certified by two of the chapter officers as being complete and correct. A chapter may petition for financial assistance if needed.

D. Records: Minutes and records of chapter proceedings shall be open for inspection.

E. Dissolution: Chapters may be dissolved for reasonable cause by a two-thirds (2/3) vote of the board of directors at a regular or special meeting of the board of directors. Should the members of a duly organized and recognized chapter elect to dissolve the chapter, any properties in possession of the said chapter shall revert to the Union. The board of directors shall establish a procedure to allow any dissolved chapter to petition for reconsideration of the decision. Such procedure shall allow for personal appearances before the board to argue for the chapter’s reinstatement.

ARTICLE VIII

FINANCES

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

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

Section 3. Benefits: The board of directors shall implement such member and employee benefits as they may determine are in the best interest of the union or as specified by the delegates at the union biennial convention.

Section 4. Gifts and Donations: The board of directors may accept gifts or donations on behalf of the Union which shall be used to further the objectives of the union. No member of the union may use their membership in the union for personal gain, financial or otherwise.

Section 5: Bonding: All employees and officers, who have personal access to the funds of the union shall be covered by an adequate bond provided from funds of the union.

Section 6. Seal: The official seal of the union shall have inscribed on it an outline of the State of Nebraska with the letters NAPE and year 1972 within the outline. The seal may be affixed to any legal documents executed by and on behalf of the union.

ARTICLE IX

AFFILIATION

Section 1. Affiliation: The board of directors of the union shall have the authority to affiliate the union with the American Federation of State, County and Municipal Employees (AFSCME) pursuant to the 1987 Affiliation Agreement.

ARTICLE X

AMENDMENTS / MAIL BALLOT

Section 1. Amendments by the Board of Directors: Amendments to certain articles and sections of the bylaws may be adopted by an affirmative vote of two-thirds (2/3) of the full board of directors, regardless of the number of board members in attendance.

Section 2. Amendments by the Membership: The articles and/or sections of articles listed below may be amended only by an affirmative 2/3 vote of the delegates at the biennial convention or by an affirmative 60% vote of those union members voting in a mail ballot on the amendment. Ballots shall be prepared and mailed to each qualified member along with a postage-free, addressed envelope, by the union secretary, noting the deadline for its return. A committee under the direction of the sergeant-at-arms shall open and count the ballots and notify the chairman of the board as to the outcome.

ARTICLE I

ARTICLE II - Section 2

ARTICLE IV

ARTICLE V - Section 1, 8, and 10

ARTICLE VIII

ARTICLE IX

ARTICLE X

Any amendments to the bylaws adopted by the board of directors shall take effect immediately and be presented to the delegates at the next biennial convention.

ARTICLE XI

JUDICIAL PROCEDURE

Section1. Filing of Charges: Except as hereafter provided in this article, any member of the union may file charges against any individual for actions taken while a member of the union or while a staff employee of the union.

Section 2. Basis for Filing of Charges: The following and no other shall constitute the basis for the filing of charges:

A. Violation of any provision of these bylaws.

B. Misappropriation, embezzlement, or improper or illegal use of Union funds.

C. Any action by any officer or employee of the union which results in the expenditure by said union of money which is the property of the union without proper authorization.

D. Acting in collusion with management to the detriment of the welfare of the union or its membership.

E. Any activity which assists or is intended to assist a competing organization within the jurisdiction of the union.

F. Refusal or deliberate failure to carry out legally authorized decisions of the union.

G. Willful violation of a legally negotiated and approved collective bargaining agreement.

H. Instituting or urging others to institute action outside the union against NAPE/AFSCME or any officer of NAPE/AFSCME without first exhausting all remedies within the union, provided that the foregoing shall not apply where the action was instituted in order to prevent the loss of rights under an applicable statute of limitations and the member has diligently pursued available internal remedies.

I. Using the name of the union in an unauthorized manner or for an unauthorized purpose.

J. Obtaining membership through fraud or misrepresentation.

K. Deliberately interfering with any official of the Union in the discharge of such official’s lawful duties.

L. The solicitation or acceptance of a bribe or the acceptance of any gift of more than nominal value from any employer, member, group of members or employee of the Union, or from any person or firm which has or is seeking to establish a business relationship with the Union or any subordinate body.

M. Conviction of a crime, the nature of which is such as to bring the union as an organization into disrepute.

N. Knowingly and intentionally making any false financial report or statement to any lawfully constituted body at any level of the union.

Section 3. Procedure for Filing Charges: Charges shall be in writing and shall be signed by the member or members bringing the charges. The charges shall be specific, citing in detail the nature, the date, and the circumstances of the alleged offense and, where a violation of a bylaw provision is alleged; the specific section shall be cited, along with the specific act or failure to act which constitutes the alleged violation. The charges shall be filed with the board secretary or, if the board secretary is a directly interested party, with the presiding officer of the board.

Section 4. Trial Body at Local Union Level: The trial body at the local union level shall consist of the local executive board. Any directly interested party shall be disqualified, and the presiding officer of the trial body shall then appoint a disinterested member to serve instead.

Section 5. Copy of Charges to Accused Party: Within fifteen days following the receipt of the charges, the person with whom the charges have been filed shall send by registered mail, return receipt requested, an exact and full copy of the charge to the accused party, together with a copy of Article XI of these bylaws and an explanation of the trial procedure to be followed.

Section 6. Trial Arrangements and Procedure: The presiding officer of the board shall fix the date, time, and place for the trial, in such manner as to afford the maximum convenience to both the accused and the accuser practical under all the circumstances. Except as otherwise specifically provided in these bylaws, it shall not be necessary to maintain a verbatim record of the trial unless request for such record is made by a directly interested party to the proceedings. If such request is made, the party making it shall be responsible for the cost of such record and of three copies of the transcript, one of which shall be furnished to the trial body and one to the opposing party. The reporter shall attach an affidavit to each copy of the transcript stating that it is a true and accurate record of the evidence taken at the trial.

Section 7. Rights of Accused Person: The accused person shall be guaranteed the following rights:

A. The right to be served personally with, or to have forwarded by registered mail to the accused person’s current address of record with the union, return receipt requested, a full copy of the charges within fifteen days after they are filed and to receive a copy at least thirty days before the trial date.

B. The right to file a written answer to the charge.

C. The right to be tried within sixty days after having been personally served, or sixty-three calendar days after having been forwarded, a copy of the charge(s) as provided in Subsection A of Section 7 of this article.

D. The right to have at least fifteen days’ advance notice of the date, time, and place of the trial.

E. The right to confront the accuser.

F. The right to cross-examine the accuser and any witnesses.

G. The right to present witnesses in the accused person’s behalf.

H. The right to compel the production of union records pertinent to the case.

I. The right to choose a person to act as the accused person’s counsel in the case.

J. The right to be presumed innocent unless proven guilty.

K. The right to refuse to testify; provided, however, that this right shall not include the right to refuse to produce at the trial any papers, books, or financial or other records which are the property of the union and which are pertinent to the case.

L. The right to appeal, in the manner hereafter provided.

M. The right to choose either an open or closed hearing.

Section. Rights of Accuser: The person bringing the charge shall be guaranteed the following rights:

A. The right to receive a copy of any written answer to the charge which may be filed by the accused at the time such answer is filed.

B. The right to have the initial trial body convened no later than seventy-eight calendar days after the charge(s) have been filed.

C. The right to have at least fifteen days’ advance notice of the date, time, and place of the trial.

D. The right to give personal testimony.

E. The right to present the testimony of others and to cross-examine witnesses presented by the accused.

F. The right to compel the production of union records pertinent to the case.

G. The right to choose a person to act as the charging party’s counsel in the case.

H. The right to appeal, in the manner hereafter provided.

Section 9. Obligations of Accuser: The person bringing the charge shall be under the following obligations:

A. To file the original charge in sufficient detail as to afford the accused person full opportunity to prepare a defense.

B. To appear in person at the trial.

C. To assume the burden of proof.

Section 10. Penalties Against Guilty Party: A trial body may, if it finds the accused person guilty, assess any one or more of the following penalties:

A. A formal reprimand, accompanied by a formal warning against any repetition of the act or acts of which the accused is found guilty.

B. A fine in an amount not to exceed one year’s dues, to be paid to the union at the level at which the charges originate.

C. Full or partial restitution, where the consequences of the offense can be measured in material terms.

D. Removal from office in the union at the level at which the charges originate.

E. Suspension from the right to hold any elected position for a period not to exceed four years.

F. Suspension from the right to hold or seek any elected position at any level of the union for a period not to exceed four years.

G. Suspension from membership for a specified period of time, not to exceed two years.

H. Expulsion from membership.

I. Suspension from employment by the union.

J. Removal from employment by the union.

Any individual who has been suspended, expelled or removed as provided in Paragraphs E, F, G, H, I, or J, above, may not during the period of such penalty, be employed in any capacity by the union.

Section 11. Penalties Against Accuser if Charges Not Sustained: If the charges are not sustained, and the trial body or the appellate body is convinced that the charges were not brought in good faith or were actuated by malice, the trial body may impose such penalty on the charging party as in its judgment is deemed proper under the circumstances. In any case, the party against whom the penalty is imposed shall have the right to appeal the imposition of the penalty in the manner provided for other appeals, beginning at the level immediately above the trial level, and no such penalty shall take effect while an appeal of such penalty is pending.

Section 12. Appeal From Decision: The decision of the union trial body may be appealed by either party to the next appropriate AFSCME trial body.

Section 13. Time Limits and Form of Decisions: All decisions must be rendered by the trial body within thirty days following completion of the trial, except by mutual consent of the accuser and the accused. Such decision shall be in writing and shall be transmitted by registered mail, return receipt requested, to the person bringing the charge and to the accused simultaneously.

Section 14. Time Limits and Form of Appeals: Either party may, within thirty days following receipt of the decision, file an appeal to the next higher AFSCME trial body in the same manner as is provided for the filing of original charges with such trial body. The appeal shall be in writing, and shall be accompanied by a copy of the original charge and of the decision which is being appealed. The appeal shall set forth in substance the appellant’s reasons for believing the trial body was in error and the nature of the error.

Section 15. Failure of Trial Body to Act Within Time Limits: In any case where the local union trial body fails or refuses to carry out its responsibilities under this Article or, except by mutual consent, expressed in writing, of the accuser and the accused, to adhere to the time limits set forth in this Article, either party shall have the right to appeal to the next higher AFSCME trial body; provided, however, that under unusual circumstances, which shall be clearly set forth and made a part of the trial record, a trial body may, by majority vote of all its members, extend the time limits for the holding of a trial not to exceed thirty days.

Section 16. Effective Date of Decisions: Decisions of the trial body shall be in full force and effect from the date of the decision until and unless reversed or modified by an appellate body at a higher level; provided, however, that if any appellate body, upon receiving a notice of appeal, may order a delay in the carrying out of any penalty which has been assessed, pending its hearing and disposition of the appeal.