Model Constitution

Revision Guide To Promote a Culture of Organizing

07/10

Contents
Introduction............................................................................................1 Objectives................................................................................................2 . Membership............................................................................................3 Election of Officers...............................................................................4 Duties of Officers..................................................................................5 Committees. ...........................................................................................6 . Representative Assembly..................................................................7 Duties of Representatives.................................................................8 .

Randi Weingarten, President Antonia Cortese, Secretary-Treasurer Lorretta Johnson, Executive Vice President

Copyright American Federation of Teachers, afl-cio (AFT) 2010. Permission is hereby granted to AFT state and local affiliates to reproduce and distribute copies of this work for nonprofit educational purposes, provided that copies are distributed at or below cost, and that the author, source and copyright notice are included on each copy. Any distribution of such materials by third parties who are outside of the AFT or its affiliates is prohibited without first receiving the express written permission of the AFT.

Introduction
THE MODEL CONSTITUTIONS THAT the AFT offers to

local unions were created before the AFT Organizing Committee went to work on renewing a Culture of Organizing throughout the union. Hence, these model constitutions do not directly reflect the unions current focus on revitalizing local unions and building power through membership mobilization. What is offered here is not an alternate model constitution, but rather a discussion of a number of options for amendment that local unions may want to consider in order to better align their constitution with the organizing culture. The introduction and debate of these amendments may also initiate overt discussion among union membership about the concept of building the organizing culture.

The introduction and debate of these amendments may initiate overt discussion among union membership about the concept of building the organizing culture.

Note: Unless otherwise noted, articles and sections referenced in this paper correspond to the AFT Model Constitution for Large Locals. References to the companion AFT Model Constitution for Smaller Locals are made explicit.

Objectives
Article II of the AFT Model Constitution (Objectives) has seven sections that define the purpose of the local union: bargaining rights, member welfare, professional standards, mutual assistance, public good, quality, democracy and trade unionism. Not explicit in these seven sections are at least three concepts for building the culture of organizing that might be considered as new or substitute sections for this article. MembershipPower: To engage in member outreach, engagement, education and activation in order to build understanding of the value of solidarity and collective action and that the primary purpose of the union is empowerment for positive change. StrongUnionChapters/TeamsattheWorksite: To promote strong union chapters/teams at the worksite to serve as the primary location for membership engagement and activity. (If the word chapters creates confusion, the following or other similar language might be substituted: To promote strong union teams at the worksite to serve as the nexus for membership engagement and activity.) OrganizingtheUnorganized: To vigorously explore organizing opportunities among workers in related fields in order to help these workers gain representation and to strengthen the union; or To vigorously support efforts by the AFT or the AFT state federation to organize workers in related fields in order to help these workers gain representation and to strengthen the union. In general, local unions should review the objectives in their constitutions and consider amending those that dont convey their true goals. Also, local unions may want to consider preceding the list of objectives with a short preamble that defines the union and its purpose. The following provides one example, although the exact language each local union uses should be very specific to its own situation: The federation exists to build among its members the power of solidarity and collective action to influence all matters affecting their professional practice, to uphold quality in the institution in which they work, to create excellent working conditions and to align with other workers in the quest for economic and social justice.

Local unions should review the objectives in their constitutions and consider amending those that dont convey their true goals.

Membership
Article III of the AFT Model Constitution narrowly defines eligibility for membership to the employees of a single employer. This definition is limiting to locals unions that are seeking to organize, or may seek to organize, employees of charter schools, childcare workers, adjunct faculty, graduate assistants or other emerging AFT constituencies. It is also limiting to locals that may want to consider merging with other locals or creating a federated local union structure in order to create an organization greater in size, scale and ability to be self-sustaining. Whether or not a local union is currently engaged in new organizing or merger/consolidation, proposing an amendment to this article to expand eligibility of membership may initiate an important debate over the vision of a local union with organizing as a priority. Not included in this article is any consideration of the dutiesandobligationsofunionmembership. Whether added to this article or the subject of a new article, there may be value in including in the constitution some definition of this concept. Example language may be as follows: The power of the union to achieve the objectives outlined in Article II relies on an educated and active membership. Members of the union share basic duties and obligations of union membership that include making a good-faith effort to stay informed of union issues and events, to participate in union governance and to help build the union as a chapter at their worksites. Members also should take advantage of any opportunities available commensurate with their positions of leadership and/or responsibility. Local unions with collective bargaining agreements may even want to consider language to the effect of Members should make every possible effort to be prepared to participate in any work actions duly authorized by the membership, including public demonstrations of union support, boycotts, strikes or other work stoppages. This includes creating a savings account matching approximately one months salary or more. Finally, in Section 3 is a very lengthy and detailed description of a procedure for member discipline. While important language for legal reasons, such a procedure is rarely needed or used and its inclusion in the constitution may send an unintended message about the union to its members and potential members. Therefore, local unions may want to consider changing the title of this section to something less inflammatory (such as Internal Dispute Resolution) and relocating it to a less prominent place in the document.

Proposing an amendment to Article III to expand eligibility of membership may initiate an important debate over the vision of a local union with organizing as a priority.

Note: It is still important, however, to make sure that the constitution be clear that its definition of active membership is aligned with the bargaining unit or units that the local seeks to represent. The legal issue here is that in matters involving collective bargaining negotiation, administration or enforcement, only active members in the bargaining unit and their representative on the executive board should vote on these issues.

Election of Officers
In addition to establishing procedures for the election of officers, Article IV of the AFT Model Constitution names the titles of four principal officers (president, executive vice president, secretary, treasurer) and vice presidents for undefined constituency areas. While this language is good as far as it goes, local unions seeking to build the culture of organizing may want to examine how their current constitution makes specific the constituency areas for vice presidents with an eye on the following: Representativevs.FunctionalResponsibilities: How the constitution defines constituency areas for vice presidents may have implications for how these positions are perceived and fulfilled by the persons occupying them. Defining vice president positions for purely representational purposes (e.g., vice president for high schools, vice president for adjunct faculty) may encourage officers to see their duties mostly as representing the issues and interests of their constituencies. Alternatively, defining the vice president position functionally (e.g., vice president for political action, vice president for membership education and organizing) imparts a different message about the duties of these officers. The choice here does not need to be between the two models. The constitution can create some blending of both. UnderrepresentedorPriorityConstituencies: Local unions may want to consider defining in this article one or more vice president positions that are designated especially for constituencies that have been traditionally underrepresented in the unions structure or ones that the union for strategic purposes wants to ensure has voice in the unions governance. One example of such a constituency may be newer, younger members (e.g., under age 35 and/or zero to five years seniority) or recently organized minority constituencies (e.g., charter school teachers). The identification of such constituencies would be through the process of proposing and adopting the local union constitution or amendments of the same.

When building a culture of organizing, examine how the current constitution makes specific the constituency areas for vice presidents.

Duties of Officers
Article V of the AFT Model Constitution outlines duties of various officers. Local unions may want to consider the following two points in relation to this article: 1. Local unions may want to make explicit the following as duties of the local union president: To build the union in size, power and ability to represent members and provide a diverse program to address identified needs and interests. To provide an array of membership involvement opportunities. To help unorganized workers win the benefits of having a professional voice through the union. 2. Missing from the numerous duties listed are duties that directly relate to the local unions program of organizing/membership mobilization. Local unions may want to consider adding these as constitutional duties to one or more of its officers. These duties parallel the Four Pillars of Effective Internal Organizing from the AFT Membership Consolidation/ Internal Organizing Program: Oversee the unions programs of new member outreach and induction. Be responsible for the unions structure of worksite leadership, including defining their role, providing training, and carrying out programs of support, feedback, accountability, rewards and incentives. Develop membership mobilization campaigns around issues of importance to the membership. Maintain a membership database that includes basic contact information but also data that supports organizing and membership mobilizations, such as tracking of issues and union participation, voter registration status, and assessment on level of activism.

Note: Section 5 of this article outlines duties for vice presidents as purely representational (vs. functional) as discussed earlier in this paper. Local unions that choose to define vice presidential duties in a functional or blended representational/functional manner should take the opportunity in this article to more specifically define these duties.

Committees
Article VII of the AFT Model Constitution provides a menu of standing committees from which local unions are encouraged to pick those most appropriate for their focus, resources and level of member participation. While these options include organizing, local unions may want to consider forming committees more specific to organizing-related matters. Four of the suggestions below, like what was discussed earlier in relation to officer duties, parallel the Four Pillars of Effective Internal Organizing from the AFT Membership Consolidation/Internal Organizing Program: NewEmployeeOutreach.The New Employee Outreach Committee shall be responsible for planning and implementing the unions efforts to recruit and induct new hires as union members, to orient them to the union (and the contract), and to provide support for their success on the job during their first year, especially through a program of personal contact with union mentors at the worksite. WorksiteLeadershipDevelopment. The Worksite Leadership Development Committee shall work to identify teams of union leaders at each worksite and develop a program of support that includes defining their role, providing training, support, feedback, accountability, rewards and incentives. MembershipData. The Membership Data Committee shall oversee the development and maintenance of an accurate and up-to-date membership database and work continually to enhance information available to the union to assist in the planning and implementation of its program of internal organizing and membership mobilization. IssuesOrganizing/MembershipMobilization. The Issues Organizing/Membership Mobilization Committee shall plan campaigns to engage and activate members on issues and activities of importance to the union. CommunityRelations. The Community Relations Committee shall be responsible for outreach to community, faith-based, charitable and other labor organizations and for overseeing the unions work in coalitions of the same. OrganizingtheUnorganized: The Organizing the Unorganized Committee shall be responsible for building the power of the union by reaching out to new groups of workers in related fields and working with them to organize and achieve collective bargaining. Also, the section includes ContractDevelopment as a suggested committee. This might more appropriately retitled with the following description: ContractDevelopment/ContractCampaigns: This committee shall be responsible for involving the membership in the development of contract proposals and in the campaigns to influence the outcome of negotiations.

Consider forming committees more specific to organizingrelated matters.

Representative Assembly
The AFT Model Constitution for Large Locals includes Article VII that vests legislative power of the union in a representative assembly comprised of worksite leaders (referred to as both stewards and representatives in this article). The AFT Model Constitution for Smaller Local Unions does not include this article even though smaller locals may want to consider a representative assembly structure as part of their strategy to elevate the status of its worksite leaders in the union by more directly involving them in the legislative power of the union. For smaller locals, an important factor when considering adoption of this model is whether or not the local has the membership density and engagement to sustain it. It is also in this article that the AFT Model Constitution for Large Locals outlines the procedures for electing stewards/representatives. The AFT Model Constitution for Smaller Locals again does not include this article, even though there is no obvious reason why these local unions would not want to outline in their constitution the procedures for choosing representatives (worksite leaders) in their constitutions. NumberofRepresentatives:Constitutional language should be clear on the number of representative positions there will be. This is best expressed as a ratio, such as one representative for every 10 members. The exact ratio used by the local is informed by the nature of its membership and workplaces, but it should be low enough to make personal contact between representatives and their constituencies manageable. MethodofSelection:Finally, when it comes to methods of selecting representatives, local unions may want to consider complementing election procedures with the following: Members who seek the position of representative must, first, submit a petition of support from at least 10 percent of the members in good standing at the worksite or from the constituency they seek to represent. This would show that the persons seeking these petitions have a foundation of membership support and that they are comfortable approaching and talking with their fellow members. Second, along with the petition, the person seeking office must submit an outline of a plan for union building at the worksite during their term. The plan should be consistent with the duties defined for representatives. Plans may be very simple or very ambitious depending on the candidate and depending on the current state of worksite structure or among their constituencies. These plans would serve several purposes. First, they provide a basis of comparison among candidates seeking election. Second, they would help the local union determine appropriate training and support that representatives will need to accomplish their plans. Third, the plans can serve as the basis of accountability for representatives on how well the plan was executed. Should the number of candidates equal the number of positions at the worksite or for the constituency, then candidates meeting the conditions outlined above are simply appointed for the term defined by the constitution. If there are two or more candidates, then an election is held with the plans submitted by the candidates as a factor for members to consider as they decide their vote. TermofOffice: The AFT Model Constitution does not set a term of office for representatives. Instead, elections are triggered when vacancies or recalls occur. Local unions may want to consider having representatives stand for reelection or reappointment after a set term. The argument here is that this would increase accountability and encourage more overall involvement in determining the shape of the union as a chapter at the worksite or among a constituency.

An important factor when considering adoption of the representative assembly model is whether the local has the membership density and engagement to sustain it.

Duties of Representatives
A number of considerations here: 1. The AFT Model Constitution for Large Locals includes Article IX on the duties of representatives. The AFT Model Constitution for Smaller Local Unions does not include this article even though there is no obvious reason why these local unions would not want to frame the duties of representatives (worksite leaders) in their constitutions. 2. Article IX uses both the terms representative and steward to describe the primary union leader at the worksite, creating unnecessary confusion. 3. In addition to selecting a single reference of either steward or representative, local unions may want to rethink the title used for this position and consider changing it to a title that more accurately depicts the desired orientation of the person holding that title, especially when it comes to organizing. Some possibilities are: Worksite Leader Organizer Involvement Coordinator Membership Mobilizer Membership Team Leader 4. Consistent with the discussion of Duties and Obligations of Membership earlier in this paper, local unions may want to consider recasting the duties of representatives to duties of the union as a chapter at the worksite in order to communicate that there is work of the union at the worksite that is shared among all members. Under this construct, the elected or appointed representative(s) function as lead organizers who seek to enlist the help of as many members as possible to fulfill the duties of the union as a chapter at the worksite vs. lone rangers who attempt to fulfill these duties on their own. 5. The list of duties in this article for both representatives and assistant representatives is light and not very specific when it comes to organizing. Local unions may want to consider more specifically defined duties in relation to the following, whether written as duties of representatives or duties of the union as a chapter at the worksite: Maintenance of an accurate and up-to date roster of members and potential members. New employee outreach through a program of sustained, regular contact. Regular worksite membership meetings in order to both impart and collect information. Organizing conversations to identify issues of concern and to assess levels of support for the union. Development of issues advocacy campaigns that involve members in the resolution of both union`wide issues and issues specific to the worksite. Union visibility efforts such as maintenance of an up-to-date and accessible union bulletin board and use of professional development, social and good and welfare activities. Conduct of annual voter registration and COPE fundraising campaigns. Assisting in campaigns to organize new groups of workers in related fields.

Rethink the title used for steward or representative and consider changing it to a title that more accurately depicts the duties of the person holding that position, especially when it comes to organizing.