Members Only

Convention Call

To All Local Unions, Councils and Retiree Chapters of the American Federation of State, County and Municipal Employees, AFL-CIO:

Greetings,

The 35th International Convention of the American Federation of State, County and Municipal Employees, AFL-CIO, will be held in Las Vegas, at the Pads Las Vegas Ballroom, beginning at 10 a.m. on Monday, June 24, 2002, and will remain in session until Friday, June 28, 2002, unless the business of the Convention shall have been completed sooner.

The following material summarizes the Constitutional Convention procedures. However, reference should be made by all interested persons to the International Union Constitution, particularly to Article IV and the Elections Code (Appendix D).

Representation

"The basis of local union representation in conventions shall be determined from the average per capita tax actually paid to the Federation for the twelve consecutive months ending with the fourth full month preceding the opening of the convention" (Article IV, Section 5). The basis for representation in the Thirty-Fifth International Convention will be the average per capita tax paid for the months of March 2001 through February 2002.

"Locals shall be entitled to delegates on the basis of membership as follows: 100 or fewer, one delegate; more than 100 but not exceeding 200, two delegates; more than 200 but not exceeding 300, three delegates; more than 300 but not exceeding 400, four delegates; more than 400, one additional delegate for each 1,000 additional members or fraction thereof" (Article IV, Section 6). 

"Regardless of the number of delegates, locals shall be entitled to vote on the basis of one vote for each member or fraction thereof" (Article IV, Section 7).

"In the case of a local composed of two or more locals that have merged" since March 1, 2001, "the combined average per capita tax of the merging locals shall be the basis of representation" (Article IV, Section 5).

"In any case where a local has been divided into two or more locals" since March 1, 2001, "the total average per capita tax shall be divided among the newly created locals in direct proportion to their respective averages since the division, and this shall constitute their respective bases of representation" (Article IV, Section 5).

"In the case of a newly organized or newly affiliated local which has been in existence or has been affiliated for less than the full twelve-month period, the average per capita tax for that portion of the twelve-month period during which the local has been in existence or has been affiliated shall be the basis for representation; provided, however, that any local which was formed [after February 2002] shall be entitled to representation only in accordance with the provisions of Section 8 below" (Article IV, Section 5).

"Any local formed or affiliated after the twelve-month period [i.e., after February 2002] ... shall be entitled to send one fraternal delegate to serve as an official observer without voice or vote" (Article IV, Section 8).

"Any member of the International Executive Board and any member of the Judicial Panel who is not elected as a delegate representing a subordinate body shall nevertheless be entitled to all the rights and privileges of a delegate except the right to vote" (Article IV, Section 8).

NOTE: Upon receipt of your per capita tax payments for all months through the month of February 2002, your local will be notified by the International Secretary-Treasurer of the exact number of delegates and votes to which the local is entitled, based on per capita tax payments.

Election of Delegates

All delegates shall, after due notice of nominations and elections has been given, be elected in the respective subordinate bodies. Subordinate bodies may also elect an alternate delegate for each delegate. Election shall be by secret ballot, except in instances where a nominee is unopposed" (Article IV, Section 9). In all matters pertaining to the election of delegates, please refer to Appendix D - Elections Code of the International Union Constitution.

"A delegate representing a local union must [from the month of February 2002] until the opening of the convention, be a member in good standing of the local represented" (Article IV, Section 12). With the exceptions provided in Section 15, however, "two or more locals within the same council, state, commonwealth, or territory may unite in sending to the convention a delegate who meets the above qualifications in one of such locals," provided, that such delegate must first be elected as a delegate from his or her own local or council, before being elected to represent another local (Article IV, Section 12). "No delegate may represent more than five locals" (Article IV, Section 12). For the methods and procedures which must be followed when a delegate is to represent more than one subordinate body, please read carefully Sections 12 and 13 of Article IV of the International Constitution. "No member of the International Executive Board and no salaried employee of the International Union and no member of the Judicial Panel shall serve as a delegate from any local except the local of which such person is a member or of the council with which that local is affiliated" (Article IV, Section 15). "A delegate representing a retiree chapter must [from the month of February 2002] be a member in good standing of such retiree chapter or of a retiree sub-chapter affiliated with such chapter" (Article IV, Section 14).

"No nomination or election of delegates shall be held more than 120 days prior to the opening of the convention [i.e., prior to February 24, 2002] ... this restriction shall not apply to a delegate from a subordinate body which normally meets less often than quarterly, nor shall it affect anyone who is a delegate pursuant to the constitution of a subordinate body by virtue of election to an office therein" (Article IV, Section 11).

"Locals entitled to more than one delegate may send fewer than their quota of delegates and the delegates present may cast the entire vote of the local" (Article IV, Section 7).

"No delegate shall be permitted to register after 1:00 p.m. on the second day of the convention [Tuesday, June 25, 2002]" (Article IV, Section 19). No alternate seeking to replace a delegate may do so unless the alternate has officially registered as a delegate before 1 p.m. on Tuesday, June 25, 2002.

Credentials

The names of the delegates and of alternates, if any, shall be certified by the president and secretary of each subordinate body to the International Secretary-Treasurer at International Headquarters at least twenty days prior to the convention. If such certification is by a local union and includes two or more delegates, the certification shall designate one of the delegates as Chairperson of the delegation" (Article IV, Section 9).

The enclosed credential forms are to be made out in triplicate. The original (white copy) should be forwarded to the International Headquarters as soon as the delegate and alternate, if any, have been elected. The duplicate (yellow copy) is to be retained by the delegate and presented at the time of the delegate's registration at the convention. The triplicate (pink copy) is to be retained in the files of the local, council or retiree chapter. To ensure that the delegate representing your local, council or retiree chapter is properly seated, mail the white credential form before June 4, 2002.

"Any delegate whose credential was not ... addressed to the International Secretary-Treasurer and postmarked by the twentieth day [June 4, 2002] prior to the convention shall be considered an irregular delegate. No irregular delegate shall be seated at the opening of the convention. Following the adoption of the convention rules, irregular delegates may be seated by a majority vote of the convention" (Article IV, Section 19). Please use the enclosed, postage-paid envelope to mail the credentials.

Resolutions

Resolutions, including proposals to amend the Constitution, to be introduced for consideration at any convention shall be signed by the president and the secretary of a subordinate body or by one or more certified delegates. Such resolutions shall be prepared and signed in duplicate and sent to the International Secretary-Treasurer at International Headquarters and postmarked at least twenty days prior to the opening of the convention" (Article IV, Section 22). Should your affiliate have access to a personal computer, it would be most helpful if you would provide the text of any proposed resolutions on a diskette together with the duplicate, signed hard copies. 

Resolutions postmarked after June 4, 2002, will not be considered "unless consent is given by a two-thirds vote of the convention" (Article IV, Section 22). 

International Executive Board, AFSCME, AFL-CIO

William Lucy
International Secretary-Treasurer

Requirements for Election of Delegates Participating in the International Convention

All delegates and all alternates to the convention must be elected by secret ballot vote of the membership of their respective locals. No elections for International Officers are scheduled for this convention. However, should elections be required as a result of a vacancy in office, delegates representing councils or retiree chapters who intend to participate in the nominations and the elections of the International Officers must be elected by secret ballot vote of the membership of their council's affiliated local unions or by vote of the members of such delegate's retiree chapter or its sub-chapters. Otherwise, council or retiree chapter delegates may be elected by the delegates to the council convention, retiree chapter convention, delegate assembly or other similar body of the council or retiree chapter, but such election must be by secret ballot vote of those delegates. A secret ballot is, of course, unnecessary when a candidate is unopposed. However, the rest of the rules regarding notice, qualification, nomination, etc., must be followed. The following requirements are mandated by the Elections Code of the International Constitution (Appendix D) and federal law.

  1. Notice of the nomination and election of convention delegates must be given to all members in good standing at least 15 days before the date or dates on which the nomination and election are to be held. The notice requirements may be fulfilled by mailing such notice of nomination or election to the last known address of the member OR the notice requirement may be satisfied by publication either in a local union paper or newsletter sent by mail to each member at his or her last known home address rather than by a separate mailing. However, notice by publication must still be given 15 days prior to the nomination and election and the notice must be prominently placed in the paper or newsletter.
  2. Nominations may be made at a regular or special meeting by a local union member or by a council or retiree chapter delegate. Nominations may also be made by a nominating committee, unless prohibited by the constitution of the subordinate body. Those nominated shall be afforded the opportunity to decline, and the name of any nominee who declines shall not appear on the ballot. Write-in votes shall not be valid for any purpose.
  3. All members in good standing must be allowed to vote. There may be no proxy ballots. No member may cast a vote for another member.
  4. The balloting itself must be done secretely through the use of a machine, a closed-in booth, a mail referendum, or other proper and accepted procedures. Every candidate for election may have an observer present at the polls while the polls are open and when the votes are counted. The observer must be a member of the Federation.
  5. All election records, including ballots, must be retained for at least one year after the election.

The U.S. Department of Labor has ruled that if an affiliate constitution provides that an officer of the affiliate who is elected to such office by secret ballot is also to be a delegate to the International Convention, by virtue of such office, the officer is property considered elected as a delegate. In the case of a local, the secret ballot vote must be among the membership of the local. An officer elected to such office by the executive board of a local union to fill a vacancy is not properly elected as a delegate, since such officer was not elected by a secret ballot vote of the membership of the local. The same procedure holds true for a council or retiree chapter except that the secret ballot vote may be conducted among the delegates to the council or retiree chapter convention, delegate assembly or other similar body if the council or retiree chapter delegate will not be participating in the nominations or elections of International Officers.

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1968 AFSCME Memphis Strike

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