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Amendment to Article IX, Section 6

The dues of each local union shall be adjusted annually in accordance with the average percentage increase in pay of AFSCME members and persons making service or similar payments to a local union in lieu of dues under agency shop or similar provisions as determined in accordance with Section 7 of this Article (average percentage increase”). For purposes of this section, the term “increase in pay” shall have the meaning provided in Article XII, Section 6 of this Constitution. That percentage increase shall be applied to the existing minimum dues amount in order to determine the amount of increase in dues and thereby establish a new minimum dues rate.  The increase shall be allocated as follows: ten percent to the local union, sixty percent to the AFSCME council or councils with which the local is affiliated, and thirty percent to the International Union, except that the portion of such increase that would otherwise be allocated to the International Union in the years 2007, 2008 and 2009 shall, instead, be allocated to the council; provided that in the case of any local union which is not affiliated with an AFSCME council or which is affiliated only with an AFSCME council which does not have as a primary purpose the providing of staff assistance for organizing, servicing and negotiations at the local union level, the increase shall be allocated seventy percent to the local union and thirty percent to the International Union, except that the portion of such increase that would otherwise be allocated to the International Union in the years 2007, 2008 and 2009 shall, instead, be allocated to such local; and provided further that in the case of a local union which is affiliated both with an AFSCME council which has as a primary purpose the providing of staff assistance for organizing, servicing and negotiations at the local level, and with an AFSCME council that does not have such a primary purpose, the council portion of the increase shall be allocated entirely to the council that has the described purpose, and in all cases the amounts to be allocated shall be rounded to the nearest five cents. The International Secretary-Treasurer shall each year notify each subordinate body of the increased amount of dues as soon as possible after the certified calculation pursuant to Section 7 of this Article has been completed, and the increased dues shall be effective beginning with the month of January of the following year.

Effective January 1, 2015 and annually thereafter, the dues of each local union shall be adjusted by applying the average percentage increase to its established dues rate: provided however, that the increase in the local union dues rates shall be no less than the minimum dues rate increase established above by the International Union and allocated to local unions. The established per capita tax of councils shall be adjusted by applying the average percentage increase to its established per capita tax rates; provided however, that the increase in the council per capita rate shall be no less than the Council’s share of the minimum dues increase established above by the International Union and allocated to councils.

            Any local union that has increased its dues within the preceding calendar year by an amount greater than that required by the formula herein shall be credited with that excess amount as an offset against any increase that may be required hereunder. Further, for any local union which has a progressive or percentage dues structure which continues to remain in effect, the local union shall receive, on an accrual basis, credit for all dues increases since June 30, 1976, that put its dues above the minimum established in Section 5 above, and said credit shall be used as an offset, to the extent required, for all increases in or after January, 1980, that would otherwise be required under the dues structure set forth herein, except that the International Union per capita taxes as adjusted must in any event be paid and that the local and council shares are no lower than the minimum.

            Any future dues increases of any local union which exceed in amount any dues increases required hereunder in or after January, 1980, shall accrue to the credit of said local union on a cumulative basis and may, to the extent of such accrued amount or any portion thereof, and to the extent required, be used as an offset to any dues increase that may be required hereunder, except that the International Union per capita tax as adjusted must in any event be paid and that the local and council shares are no lower than the minimum.

            By January 31 of each year, each subordinate body shall notify the International Secretary-Treasurer of any credits which it claims and the steps that it has taken to make the adjusted dues effective. The schedule of local union dues shall be specified in the local union constitution.

            Under special circumstances, which shall be clearly described in the request, the International Executive Board or the International President, subject to the approval of the. International Executive Board, may at the request of a subordinate body, approve for limited and specifically defined periods of time the establishment of a different dues or per capita rate for a subordinate body, except that in no case may the International Union per capita tax rate be diminished. The International Executive Board, or the International President, subject to the approval of the International Executive Board, shall also have the authority, except as limited by the provisions of Section 12 of this Article, at the request of a subordinate body and where necessary to prevent injustice, .to issue rulings with respect to the levying of agency shop or similar service fees.

            Any local union or portion thereof that, prior to January 1, 2000, had received an exemption from an otherwise required increase in dues on the basis of hardship, shall, no later than January 1, 2000, increase its dues rate, and the rates of per capita tax it pays to the International Union and to the council, if any, with which such local is affiliated, to the minimum rates then in effect pursuant to this Section. Under special circumstances, which shall be clearly described in the request, the International Executive Board or the International President, subject to the approval of the International Executive Board, may, at the request of a local union, grant such local union additional time, not to exceed four years, to increase its dues rate, and the rates of per capita tax it pays to the International Union and to the council, if any, with which such local union is affiliated, to the minimum rates then in effect pursuant to this Section.

 

SUBMITTED BY:    

Henry Bayer, Delegate
AFSCME Council 31 Illinois

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