BE IT RESOLVED:

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

            Section 11. Effective January 1, 2017, the dues of all members of a local union that is newly chartered and 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. Additionally, a council may request that the International President require, with the approval of the International Executive Board, that the dues of the members of a subordinate body affiliated with such council 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 organizing committee and any local union that is not affiliated with a council or organizing committee.  , and the 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 section 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.

BE IT FURTHER RESOLVED:

            That Appendix E and the Constitutional Amendments contained therein of the International Union Constitution are repealed.

Constitutional Amendments Adopted at the 2006 International Convention with Future Effective Dates

Section 1. The provisions contained in this Section were amended by the 2006 International Convention to read as follows, effective January 1, 2017.

A. Article IX, Section 6. The 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 International Secretary-Treasurer shall each year notify each subordinate body of the increase in the minimum dues rate 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.  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.

B. Article IX, 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. 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.

Section 2. The provisions contained in this Section were amended by the 2006 International Convention to read as follows, effective January 1, 2017.

A. Article IX, 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.

B. Article IX, 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.

C. Article IX, Section 8. 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 three-quarters of the regular rate established pursuant to this Article. The 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 regular rate established pursuant to this Article. 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 FURTHER RESOLVED:

That the International Union Constitution is amended by renaming Appendix F as Appendix E.

BE IT FINALLY RESOLVED:

            That the International Union Constitution, Article XII, Section 11, is amended to read as follows:

            Section 11.  Appendix A, Entitled “Membership Obligation,” and Appendix B, entitled “Obligation of an Officer,”  and Appendix C, entitled “Constitution for Local Unions,” and Appendix D, entitled “Elections Code,” and Appendix E, entitled “Constitutional Amendments Adopted at the 2006 International Convention with Future Effective Dates,” and Appendix F,  entitled “Policy for Conducting Audio and/or Video Teleconference Meetings of a Subordinate Body,” are attached to this Constitution and are, by this reference, made a part of this Constitution.