CONSTITUTION
FOR
BOROUGHS OF MANHATTAN, BRONX AND STATEN ISLAND
NEW YORK PUBLIC LIBRARY GUILD LOCAL 1930
Workers organize labor unions primarily to secure better wages and better working conditions. We hold that they also organize in order to participate in the decisions which affect them at work. One of the fundamental tenets of democratic government is the consent of the governed. Unions are an extension of that idea.
ARTICLE I
NAME
The name of this organization shall be Boroughs of Manhattan, Bronx, and Staten Island, New York Public Library Guild, Local Number 1930, District Council 37 of the American Federation of State, County and Municipal Employees, AFL-CIO.
ARTICLE II
AFFILIATIONS
This local union shall be affiliated with New York City District Council Number 37 of the American Federation of State, County and Municipal Employees; the New York State AFL-CIO, of the AFL-CIO, and the New York City Central Labor Council, AFL-CIO.
ARTICLE III
OBJECTIVES
The objectives of this local union shall be to carry out on a local basis the objectives of the American Federation of State, County and Municipal Employees to improve working conditions, labor-management relationships and other matters directly affecting the library employees; and also to cooperate with the library administration in its relationship with the city on points of mutual interest to labor and management.
ARTICLE IV
MEMBERSHIP AND DUES
Section 1. All public library employees of the Boroughs of Manhattan, Bronx, and Staten Island of the City of New York, New York are eligible for membership in this local union, subject to the requirements of the Constitution of the International Union.
Section 2. Application for Membership shall be made on a standard application form. Unless such form includes a valid authorization for payroll deduction of dues, the application shall be accompanied by the current month’s dues.
Section 3. The monthly membership dues of the local union shall be 2% of the gross monthly salary per member. Dues shall be adjusted annually in accordance with the American Federation of State, County and Municipal Employees International Constitution and the District Council 37 Constitution pertaining to minimum dues per capita.
Section 4. Membership dues shall be payable monthly in advance to the local Secretary-Treasurer and in any event shall be paid not later than the 15th day of the month in which they become due. Any member who fails to pay dues by the 15th day of the month in which they become due shall be considered delinquent. And upon failure to pay dues for two successive months shall stand suspended. Provided, however, that any person who is paying dues through a system of regular payroll deduction shall for so long as such person continues to pay through such deduction method, be considered in good standing.
Section 5. A member suspended under the above section may be reinstated to membership in the local on payment of all arrearages up to a maximum of $25.00.
ARTICLE V
MEETINGS
Regular meetings shall be held as follows:
A. Meetings shall be held at least four times a year to be designated. Special meetings may be called as deemed necessary by the Executive Board or upon request of 25 members.
B. The President shall have discretionary power upon majority vote of the Executive Board, to call special meetings of any of the component groups of the local for the purpose of discussion elucidation of the special problems affecting the group.
C. Meetings shall be held at any place designated by the Executive Board. Membership shall be notified properly in writing. Notice of meetings should reprint in full any resolution of the Executive Board requiring membership approval that concerns money expenditures.
D. A quorum of 10% of the membership, or twice the Executive Board plus one, must be in attendance at all membership meetings in order to carry out the business of this local union.
E. All sovereign powers of the local union are vested in the membership acting in regular or “special” meeting sessions, and held by the Executive Board at other times.
F. The membership shall not act upon the ratification of a contract unless all modifications, additions, and changes to the previous contract are before them in writing.
ARTICLE VI
OFFICERS, NOMINATIONS, AND ELECTIONS
Section 1. OFFICERS
A. The Officers of this Local shall be a President, a Vice President for Professional, a Vice President for Technical Assistants, a Vice President for Clerical Employees, a Secretary-Treasurer and a Recording Secretary.
B. The Officers shall be automatic Delegates to District Council 37 and the American Federation of State, County and Municipal Employees International Convention.
1. In the event the Local is entitled to a lesser number of Delegates than there are Officers, the Officers’ shall be deemed automatic Delegates in the following order:
President
Vice Presidents
Secretary-Treasurer
Recording Secretary
2. If the number of Delegates to which the Local is entitled exceeds the number of Officers, additional Delegates shall be elected from the membership.
C. Commencing January 1, 2012, the Officers’ shall hold office for a term of three (3) years or until their successors have been certified by the Local Election Committee. Officers’ three-year terms will run from the date the officers were elected in an election in an election year to the date the term expires three years later; or, in the event of a runoff election, until such time that the winner is duly elected.
Section 2. TRUSTEES
There shall be three Trustees. The Trustees shall be elected for three year terms. In March of each year, one Trustee position shall be up for election.
Section 3. EXECUTIVE BOARD
The Executive Board shall consist of the following:
1. The elected Officers (as specified in Article VI, section 1. Above)
2 The elected Trustees (as specified in Article VI, section 2. Above)
One individual elected from each of the following areas: Professional Employees in the Research Libraries, Professional Employees in the Branch Libraries, Professional Employee in the Technical, Clerical and Paraprofessional Employees. These positions shall be known as Representatives.
One individual elected to represent each of the four geographic or department units as follows: the Boroughs of the Bronx, Manhattan, Staten Island and the Research Libraries. These positions shall be known as Representatives.
Section 4. NOMINATIONS
A. Nominations for Officers and Representatives shall be made at the regular October meeting of the Local in the final year of the current officers’ term. At least fifteen (15) days’ advance notice shall be given to the membership prior to the nomination meeting. A nominating committee of five members shall be appointed by vote of the Executive Board, no later than the September meeting prior to nominations, and such committee shall report at the October meeting. Nominations shall also be permitted from the floor at the nomination meeting.
B. If only one individual is nominated for any position, the individual so nominated shall be declared elected.
C. If no one is nominated for any position, that position shall remain vacant until another nominating meeting is held.
D. If more than one individual is nominated for any position(s), the election will be held by mail ballot. In this case, ballots shall be mailed to the general membership no later than November 15th with a return date of no later than December 15th.
Section 5.
All Officers and Representatives so elected to a three year term will hold office from the date the Officer/s were elected in an election year to the date the term expires three (3) years later; or in the event of a run-off election, until such time that the winner is duly elected.
Section 6.
Officers shall be elected by secret ballot vote, and the balloting shall be so conducted as to afford to all members a reasonable opportunity to vote. At least fifteen (15) days advance notice shall be given the membership prior to the holding of the election.
Section 7.
Matters concerning nominations and elections in this Local Union shall be subject to the provisions of Appendix D. entitled “Election Code, of the AFSCME International Union Constitution.
Section 8.
Nominations procedure shall follow that outlined in Appendix D. Section 2. Par. D): that notice of nomination is mailed to members individually.
Section 9. DECLINATIONS
A. Declinations made after the meeting in which nominations are taken, shall be delivered to the chairperson of the Election Committee in writing and signed by the nominee.
B. This declination shall be binding and irreversible. The Election Committee will forward all declinations to the chairperson of the elections committee.
C. Any declination must have been received by the chairperson of the Nominating Committee by a date to be announced by the Election Committee at the nominations meeting.
Section 10.
As part of the election procedure, the Local will make available a current roster of members at union headquarters to any candidate for the sole purpose of mailing literature. Envelopes must be addressed and stamped under the supervision of the Elections Committee and left for mailing at the candidate’s expense.
Section 11.
Every Officer shall upon assuming the office subscribe to the “Obligation of an Officer” contained in Appendix B of the AFSCME International Union Constitution.
Section 12. VACANCIES
A. Vacancies in office shall be filled for the remainder of the unexpired term by vote of the Executive Board, in accordance to the AFSCME International Union Constitution.
B. A vacancy shall mean that the position was filled in the current term by election; and subsequent to taking office the position is vacated.
ARTICLE VII
DUTIES OF OFFICERS AND EXECUTIVE BOARD
Section 1. The President shall preside at all meetings of the local union and of the Executive Board. The President by virtue of election to his/her office shall attend any conferences and conventions. She/he shall be a member of all committees. She/he shall countersign all checks drawn against the funds of the local. She/he shall appoint all standing committees and all special committees of the local, subject to the approval of the Executive Board. She/he shall report periodically to the membership regarding the progress and standing of the local and regarding his/her official acts.
Section 2. The Vice Presidents shall assist the President in the work of his/her office. In the absence of the President or in his/her inability to serve, Vice Presidents, acting in rotation, shall preside at all meetings and perform all duties otherwise preformed by the President. A Vice President may, with the approval of the Executive Board, be authorized to act as co-signer of checks drawn on the local funds in place of either the President or the Secretary-Treasurer.
Section 3. The Recording Secretary shall keep a record of the proceedings of all membership meetings and of all Executive Board meetings. She/he shall perform such other duties as the Executive Board may require.
Section 4. The Secretary-Treasurer shall receive and receipt for all monies of the local union. She/he shall deposit all money so received in the name of the local union in a bank or banks selected by the Executive Board, and money so deposited shall be withdrawn only by check signed by the President and the Secretary-Treasurer. She/he shall prepare and sign checks for such purposes as are required by the constitution or are authorized by the membership or the Executive Board. She/he shall prepare and submit the monthly membership report to the AFSCME International Union office and see that a check is drawn in payment of the local’s per capita tax each month and sent to the International Secretary-Treasurer. She/he shall keep an accurate record of receipts and disbursements and shall, once each month, submit to the membership a monthly operating statement of the financial transactions of the local for the previous period. She/he shall act as custodian of all properties of the local union. She/he shall at the expense of the local union and through the International Union, give a surety bond for an amount to be fixed by the Executive Board of the Local Union. She/he shall see that a financial reports required by the International Union Constitution to be submitted to the International Union are submitted in accordance with the AFSCME International Union Constitution.
Section 5. The trustees shall make of cause to be made at least annually an audit of the local’s finances, and shall report to the membership on the results of such audit.
Section 6. The Executive Board shall be the governing body of the local union except when meetings of the local union are in session. All matters affecting the policies, aims and means of accomplishing the purposes of the local not specifically provided for in this constitution or by action of the membership at a regular or special meeting shall be decided by the Executive Board. The board shall meet monthly and at the call of the President or of a majority of the members of the board. A report on all actions taken by the Executive Board shall be made to the membership at the next following meeting. A majority of the members of the Executive Board shall be required for a quorum. Whether a grievance should be brought to arbitration shall be decided by majority vote of the Executive Board.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
Section 1. This local union shall at all times be subject to the provision of the Constitution of the American Federation of State, County and Municipal Employees.
Section 2. Except to the extent specified in this constitution, no officer of the local union shall have the power to act as agent for or otherwise bind the local union in any way whatsoever. No member or group of members or other person or persons shall have the power to act on behalf of or otherwise bind the local union except to the extent specifically authorized in writing by the President of the local union or by the Executive Board of the local union.
Section 3. Robert’s Rules of Order, Revised, shall be the guide in all cases to which they are applicable and in which they are not inconsistent with this constitution and special rules of this local union or of the American Federation of State, County and Municipal Employees.
Section 4. Suspension of Officers and staff (Refer to Art. IX. Section. 48, AFSCME International Union Constitution)
Section 5. Copies of the International Constitution and of the constitution of this local shall be made available to all members of the local.
Section 6. Any expenditure of not more than $2,000.00 may be authorized by the President subject to subsequent approval at the next Executive Board meeting. Any expenditure of up to $10,000.00 may be authorized by a majority vote of the Executive Board. Any expenditure of more than $10,000.00 must be authorized by a majority vote of a general membership meeting.
Section 7. The Chief Library Steward shall be appointed by the elected President with the approval of the Executive Board.
ARTICLE IX
AMENDMENTS
This constitution may be amended, revised, or otherwise changed by a two-thirds vote of the members voting on such proposed change/s and such change/s shall take effect only upon written approval of the International President. Proposed amendments to this constitution must be read at a regular or special meeting of the local union and read and voted on at a subsequent meeting of the local union, adequate and proper notice having been given to the membership prior to the date on which the vote is taken. A written copy of the proposed amendment shall be furnished to every eligible voter at the meeting at which the vote is taken.
Bill of Rights for Union Members
- No person otherwise eligible for membership in this union shall be denied membership, on a basis of unqualified equality, because of race, creed, color, national origin, sex, age, sexual orientation, disability or political belief.
- Members shall suffer no impairment of freedom of speech concerning the operation of this union. Active discussion of union affairs shall be encouraged and protected within this organization.
- Members shall have the right to conduct the internal affairs of the union free from employer domination.
- Members shall have the right to fair and democratic elections, at all levels of the union. This includes due notice of nominations and elections, equal opportunity for competing candidates, and proper election procedures which shall be constitutionally specified.
- Members shall have an equal right to run for and hold office, subject to constitutionally specified qualifications, uniformly applied.
- Members shall have the right to a full and clear accounting of all union funds at all levels. Such accounting shall include, but not limited to, periodic reports to the membership by the appropriate fiscal officers and periodic audits by officers elected for that purpose or by independent auditors not otherwise connected with the union.
- Members shall have the right to full participation, through discussion and vote, in the decision making process of the union, and to pertinent information needed for the exercise of this right. This right shall specifically include decisions concerning the acceptance and rejection of collective bargaining contracts, memoranda of understanding, or any other agreements affecting their wages, hours, or other terms and conditions of employment. All members shall have an equal right to vote and each vote cast shall be of equal weight.
- Charges against a member or officer shall be specific and shall be only on grounds provided in this Constitution. Accused members or officers shall have the right to a fair trial with strict adherence to due process. The accused shall be considered innocent until proven guilty.
Approved By:
Signed and Approved on August 17, 2012
Lee Saunders
AFSCME International President