I.  Provisions that are to be immediately effective

BE IT RESOLVED: 

That the International Union Constitution, Article IX, Section 5, is amended to read as follows:

Section 5.  The minimum dues of any local, exclusive of any amounts which may be allocated for any form of group insurance or welfare programs, beginning with the month of January, 1979, shall be not less than eight dollars per month, allocated as follows: one dollar to the local, four dollars and ten cents as per capita tax to any AFSCME council or councils with which the local is affiliated, and two dollars and ninety cents as per capita tax to the International Union.  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 allocation shall be as follows: five dollars and ten cents to the local, and two dollars and ninety cents as per capita tax to the International Union.  Effective January 1, 1999, the minimum dues rate and the rate of International per capita tax established pursuant to this Section and Section 6 of this Article shall be increased by fifty cents; the minimum dues rate and the rate of International per capita tax for members who have regular work schedules of twenty or fewer, but more than twelve, hours per week shall be increased by forty cents; and the minimum dues rate and the rate of International per capita tax for members who have regular work schedules of twelve or fewer hours per week shall be increased by twenty-five cents.  Effective January 1, 2000, the minimum dues rate and the rate of International per capita tax established pursuant to this Section and Section 6 of this Article shall be increased by an additional fifty cents; the minimum dues rate and the rate of International per capita tax for members who have regular work schedules of twenty or fewer, but more than twelve, hours per week shall be increased by an additional thirty-five cents; and the minimum dues rate and the rate of International per capita tax for members who have regular work schedules of twelve or fewer hours per week shall be increased by an additional twenty-five cents.  Effective January 1, 2005, and continuing through June 30, 2006, the minimum dues rate and the rate of International per capita tax established pursuant to this Section and Section 6 of this Article shall be increased by an additional fifty cents; the minimum dues rate and the rate of International per capita tax for members who have regular work schedules of twenty or fewer, but more than twelve, hours per week shall be increased by an additional thirty-five cents; and the minimum dues rate and the rate of the International per capita tax for members who have regular work schedules of twelve or fewer hours per week shall be increased by an additional twenty-five cents.

Effective July 1, 2006 and continuing thereafter, the increases in the minimum dues rates that expired on June 30, 2006 shall be restored.  Effective January 1, 2007 and continuing thereafter, the increases in the International per capita tax rates that expired on June 30 shall be restored. 

Effective January 1, 2007, the minimum dues rate and the rate of International per capita tax shall be increased by an additional one dollar and twenty-five cents; the minimum dues rate and the rate of International per capita tax for members who have regular work schedules of twenty or fewer, but more than twelve, hours per week shall be increased by an additional ninety-five cents; and the minimum dues rate and the rate of International per capita tax for members who have regular work schedules of twelve or fewer hours per week shall be increased by an additional sixty-five cents.

Effective January 1, 2008, the minimum dues rate and the rate of International per capita tax shall be increased by an additional seventy-five cents; the minimum dues rate and the rate of International per capita tax for members who have regular work schedules of twenty or fewer, but more than twelve, hours per week shall be increased by an additional fifty-five cents; and the minimum dues rate and the rate of International per capita tax for members who have regular work schedules of twelve or fewer hours per week shall be increased by an additional forty cents.  

 Effective January 1, 2009, the minimum dues rate and the rate of International per capita tax shall be increased by an additional fifty cents; the minimum dues rate and the rate of International per capita tax for members who have regular work schedules of twenty or fewer, but more than twelve, hours per week shall be increased by an additional thirty-five cents; and the minimum dues rate and the rate of International per capita tax for members who have regular work schedules of twelve or fewer hours per week shall be increased by an additional twenty-five cents.

BE IT FURTHER RESOLVED: 

That the International Union Constitution, Article IX, Section 6, is amended to read as follows:

Section 6.  The dues of each minimum local union dues rate shall be adjusted annually in accordance with the average percentage increase in pay of AFSCME members and persons making service or similar paymeents to a local union in lieu of dues under agency shop or similar provisions as determined in accordance with Section 7 of this Article.  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.

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.

II. Provisions to become effective in 2010

That, effective January 1, 2010, the International Union Constitution, Article IX, Section 6 is amended to read as follows:

Section 6.  The dues of each minimum local union dues rate 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.  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; 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; 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 in the minimum dues rate amount of dues as soon as possible after the certified calculation pursuant to Section 7 of this Article has been completed, and the increased minimum dues rate shall be effective beginning with the month of January of the following year.

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 on 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.

That, effective January 1, 2010, the International Union Constitution, Article IX, Section 11, is amended to read as follows:

Section 11.  The dues of all members of a subordinate body that is affiliated with a council shall be collected through a system of central collection.  If the dues of members of a local union are collected by the council with which such local is affiliated through a system of central collection on or after July 1, 2000, the dues of members of that local shall continue to be collected in the same manner thereafter.  In the case of any subordinate body that is affiliated with a council, whether such subordinate body is chartered or not, which does not pay its per capita tax to the International Union or to such council, as provided in this constitution, for three consecutive months, the International President shall require that, thereafter, the dues of the members of such subordinate body shall be received directly by such council through central collection.  Under central collection, when dues are collected by payroll deduction, the full amount of such dues shall be transmitted directly by the employer of such members to the appropriate fiscal officer of such council, or, in the case of any such subordinate body that cannot cause the dues of its members to be paid directly to the council with which it is affiliated or does not collect dues by payroll deduction, the full amount of all dues collected by such subordinate body shall be transmitted to the appropriate fiscal officer of such council within thirty days after the receipt of such dues.  As used in this Section, the term “council” shall be deemed to include any local union that is not affiliated with a council, and the term “subordinate body” shall be deemed to include any local union, chapter or similar organization that is affiliated with a council, as defined in this sentence, whether such subordinate body is chartered or not. All dues received by a council shall, immediately upon receipt, be deposited in a dues trust account.  The term “dues trust account” shall have the meaning provided in Section 12 of this Article.  Within forty-five days after the receipt of dues paid by members of its affiliated subordinate bodies as provided in this Section, a council shall deduct and remit to the International Secretary-Treasurer all amounts due as International Union per capita tax and shall distribute the remainder of such dues as provided in the constitution of such council; provided, that a council shall be deemed to be in compliance with the requirements of this sentence if it remits the full amount of International Union per capita tax and then distributes the remainder of such dues for any month no later than the fifteenth day after the council has received all dues for such month that are paid by payroll deduction or transmitted in full to the council by its affiliated subordinate bodies.  The appropriate fiscal officer of each council shall be responsible for preparing and submitting, on behalf of its affiliated subordinate bodies for which it centrally collects dues, all reports required by this Constitution regarding receipt of dues and the payment of International Union per capita tax.  For purposes of this Section, the term “dues” shall be deemed to include all amounts paid as service or other similar payments in lieu of dues under agency shop or similar provisions.

III.  Provisions to become effective in 2011

BE IT FURTHER RESOLVED: 

That, effective January 1, 2011, the International Union Constitution, Article IX, Section 5, is repealed and the following new Section 5 is adopted:

Section 5.  The dues rates for all members of AFSCME local unions shall be determined through a progressive dues system as determined by each council.  As used in this Section, the term “council” shall be deemed to include any local union that is not affiliated with a council, and the term “local union” shall be deemed to include any chapter, district or similar organization that is affiliated with a council, as defined in this sentence, whether such organization is chartered or not.  As used in this Section, the term “progressive dues system” means a system that determines the dues rate to be paid by each member on the basis of such member’s rate of compensation, including, but not limited to, a system in which the rate of dues is determined as a percentage of a member’s earnings, a multiple of a member’s hourly rate of pay, or pursuant to a graduated dues structure based on levels of compensation.  A progressive dues system shall not be in compliance with this Section if the average dues amount paid by all members of a council’s affiliated locals is less than the minimum dues rate in effect in 2010, as that rate is subsequently adjusted pursuant to Section 6 of this Article.  The progressive dues system for each council shall be specified in such council’s constitution.  A council’s progressive dues system may permit a council’s affiliated local unions to establish, by provisions in their constitutions, additional dues to be paid by the members of such local unions, which amounts shall also be collected through central collection and distributed as provided in Section 11 of this Article.  In the case of any council that fails to adopt or implement a progressive dues system by January 1, 2011, or fails to enforce such system, the dues rate for each member of such council’s affiliated local unions shall be two percent of such member’s gross compensation each pay period, and that rate shall continue in effect until such council adopts and implements a progressive dues system that complies with the requirements of this Section.

Beginning in January 2011, and each January thereafter, the rate of International per capita tax in effect for the preceding year shall be adjusted by the percentage determined pursuant to Section 7 of this Article, with the resulting amount rounded to the nearest five cents.

BE IT FURTHER RESOLVED:

That, effective January 1, 2011, the International Union Constitution, Article IX, Section 7, is amended to read as follows:

Section 7.  Each subordinate body shall submit a copy of any collective bargaining agreements, memoranda of understanding or other agreements affecting the wages of its members to the International Secretary-Treasurer within thirty days after their ratification.  In any case in which wage adjustments are made through interest arbitration, fact-finding, or any similar process, the award or report resulting from such process shall be submitted to the International Secretary-Treasurer within thirty days after its issuance.  In any case in which wage rates are established by law, ordinance, regulation, or similar public enactment, a copy of such law, ordinance, regulation or similar public enactment shall be submitted to the International Secretary-Treasurer within thirty days after its enactment.  With the documents referred to above, each subordinate body shall also submit, on a form prescribed by the International Secretary-Treasurer, such information regarding any wage adjustments received by its members as may be required by the Secretary-Treasurer.

From the above document and reports, the International Secretary-Treasurer shall determine, by September 30 of each year, the average percentage increase in pay received by AFSCME’s members and persons making service or similar payments to a local union in lieu of dues under agency shop or similar provisions over the twelve month period ending with the preceding July 31; provided, that the International Secretary-Treasurer shall not make such determination unless it is based on wage data covering at least 75 percent of AFSCME’s membership, including persons making service or similar payments to a local union in lieu of dues under agency shop or similar provisions, as of the preceding July 31.  Upon completion of this calculation, the International Secretary-Treasurer shall cause it to be audited by an independent certified public accountant not otherwise connected with AFSCME, who shall be appointed by the International President, subject to the approval of the International Executive Board.  Such audit shall certify the accuracy of the International Secretary-Treasurer’s calculation and advise the International Secretary-Treasurer of any errors in the calculation which may have affected the resulting figure.  Upon receipt of such certification, the International Secretary-Treasurer shall notify the International Executive Board and each subordinate body of the resulting adjustment in the minimum dues rate and the International Union per capita tax rate required to be implemented the following year.

BE IT FURTHER RESOLVED: 

That, effective January 1, 2011, the International Union Constitution, Article IX, Section 8, is amended to read as follows:

Section 8.  The minimum dues rate of International per capita tax for members who have regular work schedules of twenty or fewer, but more than twelve, hours per week shall be three-quarters of the minimum dues regular rate established in Section 5 of pursuant to this Article, with the same proportionate allocation, and this three-quarters rate shall also apply to the annually adjusted dues amount established in Section 6.  The minimum dues rate of International per capita tax for members who have regular work schedules of twelve or fewer hours per week shall be 50 percent of the minimum dues established in Section 5 of pursuant to this Article, with the same proportionate allocation, and this 50 percent rate shall also apply to the annually adjusted dues amount established in Section 6.  The International Secretary-Treasurer is authorized to establish such rules and procedures as deemed necessary to carry out effectively the provisions of this Section.

BE IT FINALLY RESOLVED: 

That the International Secretary-Treasurer shall be authorized to cause the provisions of this amendment that have effective dates in 2010 or 2011 to be printed in the body of the International Constitution or in a temporary Appendix to the International Constitution as may be necessary to carry out the purposes of this amendment.

SUBMITTED BY: INTERNATIONAL EXECUTIVE BOARD