Page 14 - Work Force October 2018

(c) REFUNDS TO UNITS. All recognized Units established by Locals shall receive a rebate of not less than twenty-five percent (25%) and not more than fifty percent (50%) of the per capita rebate extended by the Association to a Local based upon the collection of
the membership dues and [agency shop fees] private sector core fees collected from the employees in the Unit. A Local with more than one Unit shall ensure that its percentage rebate is uniform for all of its Units. If
a Local does not receive a rebate due to its failure to comply with all the provisions of the mandated Local Constitution and this Constitution, the Local is still obligated to pay rebates to Units which have complied with reporting standards, providing there are sufficient funds in the Local treasury.
(d) REFUNDS TO REGIONS. Each Region of the Association shall receive from the Treasurer an
annual payment of seventy-five cents (.75 cents) of the membership dues and [shop] private sector core fees collected from each of the employees in such Region. In the event that a Region adopts a plan for assessing the Local within its Region, the Statewide Treasurer shall, upon notification by the Region Treasurer that a Local is delinquent in its Regional assessments, deduct that assessment from the Local’s direct rebate from the Association and transmit the assessment to the Region Treasurer.
Rest of Article Remains the Same.
The Committee supports this proposal for the following reasons.
In light of and in compliance with the U.S. Supreme Court’s decision issued in June 2018 in the case of Janus v. AFSCME Council 31, we found it necessary to remove and correct any references to agency shop fees, wherever referenced in the Constitution. Further, the terminology “union shop fees” is no longer used when referring to the private sector core members. With the passage of this proposal, the language shall correctly refer to “dues” for public sector members and to “core fees” for private sector non-members.
FOR THE PURPOSE OF PLACING THIS AMENDMENT BEFORE THE DELEGATES, ON BEHALF OF THE COMMITTEE, I MOVE THE ADOPTION OF THIS AMENDMENT. THE COMMITTEE RECOMMENDS A “YES” VOTE.
Proposal 6
The following By-Laws proposal was submitted by William Badger of Local 884:
ARTICLE IV – Finance
Sections 1 & 2: Text Remains the Same.
Section 3. REFUND AND REIMBURSEMENT. Subsections (a) & (b): Text Remains the Same. (c) REFUNDS TO UNITS. All recognized Units
established by Locals shall receive a rebate of not
less than [twenty-five percent (25%)] the annual percentage refunded to Locals as described in Article IV Section 3(a)(1); “Beginning with fiscal year 2014, such annual payment shall decrease by one-half of one percent each year, for a period of ten years,
so that beginning with fiscal year 2023, the annual payment described herein shall be twenty percent and not more than fifty percent (50%) of the per capita rebate extended by the Association to a Local based upon the collection of the membership dues and
agency shop fees collected from the employees in the Unit. A Local with more than one Unit shall ensure that its percentage rebate is uniform for all of its Units.
If a Local does not receive a rebate due to its failure to comply with all the provisions of the mandated Local Constitution and this Constitution, the Local
is still obligated to pay rebates to Units which have complied with reporting standards, providing there are sufficient funds in the Local treasury.
Rest of Article Remains the Same.
EXPLANATION: This proposal was submitted with the following justification:
“The ‘not less than twenty-five (25%)’ reference
in Article IV, Section 3(c), page 37 is reflective of the percentage refunded to the Locals as mentioned in the first sentence in Article IV, Section 3(a)(1), page 36. Since the percentage being refunded to Locals is being reduced each year until it ultimately is twenty percent (20%), I believe that the ‘not less than’ percentage to the Units should be reflective of that change.”
The Committee does not support this proposal for the following reasons:
While the Committee believes that some of the larger units could afford a potential decrease in refund, smaller units would not be able to function if the refund was decreased to 20 percent. Further, because the Bylaws require that refunds to all units within a Local be uniform, a Local could not reduce refunds to larger units only.
Further, as proposed, it seems to permit a retroactive application, that is, the amendment as written states 2014, which could mean that Locals could reduce refunds to units retroactively, which is not permitted.
Furthermore, as the Union as a whole is dealing with the impact of the Janus decision, the Union needs to see what the financial impact will be in order to
be in a better position to determine if a reduction in refunds is warranted. The Committee believes that this proposal may be appropriate in the future—perhaps after the refund to Locals is fully realized at 20 percent in 2023.
FOR THE PURPOSE OF PLACING THIS AMENDMENT BEFORE THE DELEGATES, ON BEHALF OF THE COMMITTEE, I MOVE THE ADOPTION OF THIS AMENDMENT. THE COMMITTEE RECOMMENDS A “NO” VOTE.
Proposal 7
The following By-Laws proposal was submitted by James Jackson of Local 838, Donald Lynskey of Local 334, and Betty Jo Johnson of Local 827 (Region 5 Constitution and By-Laws Committee):
ARTICLE IV – Finance
Sections 1 & 2: Text Remains the Same. Section 3. REFUND AND REIMBURSEMENT.
Subsections (a)-(d): Text Remains the Same.
(e) REIMBURSEMENT OF DELEGATE EXPENSES.
(1) REGULAR DELEGATE MEETINGS. All Locals shall receive reimbursement for the expenses of one delegate for attendance at any Regular Delegates’ Meeting described in Article II, Section 1(a) herein
and any special meeting called pursuant to Article
II, Section 8 herein. [, and Locals having more than
1,000 members shall receive reimbursement for
the expense of one additional delegate for each additional 1,000 members or major fraction thereof.] The maximum reimbursement for such delegate shall be for full group rate quotations if appropriate, or full lodging and meal expense which shall not exceed the rate paid to State Board of Directors Committees for the duration of the meeting. Transportation expense shall also be reimbursed.
Rest of Article Remains the Same.
EXPLANATION: This proposal was submitted with the following justification:
“Due to the numerous anti-union laws, legislation and Supreme Court cases, there is an anticipated ever-increasing reduction in dues at a time when extraordinary organizing resources are required, such as the “Never Quit” campaign. Also, as a
result of ongoing loss of active membership over
the years, there is a resulting loss of dues-paying members. CSEA Inc. requires a sound fiscal structure enabling them to move forward. This amendment will significantly contribute to a solid fiscal foundation. This amendment equalizes the State contribution regardless the size of a Local, similar to the dues reduction all Locals equally shared a few years ago. This amendment will not reduce the voting strength of any Local or impact their ability to prevent or make changes at the annual delegate’s conference. This would not limit the number of delegates attending the ADM.
“The sustainability of CSEA, Inc. will take many cost-saving measures, and the fair and equitable reimbursement of one delegate per Local to the ADM will play an important role in CSEA’ s future financial stability.”
The Committee supports this proposal for the reasons set forth in the explanation of the proposers.
FOR THE PURPOSE OF PLACING THIS AMENDMENT BEFORE THE DELEGATES, ON BEHALF OF THE COMMITTEE, I MOVE THE ADOPTION OF THIS AMENDMENT. THE COMMITTEE RECOMMENDS A “YES” VOTE.
*******
All correspondence regarding proposed
amendments to the Statewide Constitution or Statewide By-Laws received by the Committee as of the constitutional deadline of May 15, 2018, have been reviewed.
The Committee wishes to thank its officer liaison, staff advisors and coordinator for their guidance, attention and hard work.
Respectfully submitted,
Casey Walpole, Chair, Region 5 Jarvis “Tim” Brown, Region 1 Alfred Lane, Region 2
Kathi Bayer, Region 3
Cindy Stiles, Region 4
Jim Jackson, Region 5
Denise Szymura, Region 6
Stanley Bergman, Retiree Division Kathy Zabinski, Retiree Division Denise Berkley, Officer Liaison Daren J. Rylewicz, Staff Advisor Amee Camp, Staff Coordinator
14 The Work Force
October 2018