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    Model ConstitutionRevision Guide To Promote

    a Culture of Organizing

    07/10

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    Introduction...........................................................................................1

    Objectives................................................................................................2

    Membership...........................................................................................3

    Election o Ofcers..............................................................................4

    Duties o Ofcers.................................................................................5

    Committees............................................................................................6

    Representative Assembly.................................................................7

    Duties o Representatives.................................................................8

    Contents

    Randi Weingarten, President

    Antonia Cortese, Secretary-TreasurerLorretta Johnson, Executive Vice President

    Copyright American Federation o Teachers, fl- (AFT) 2010.

    Permission is hereby granted to AFT state and oca aiates

    to reproduce and distribute copies o this work or nonprot

    educationa purposes, provided that copies are distributed at or

    beow cost, and that the author, source and copyright notice are

    incuded on each copy. Any distribution o such materias by third

    parties who are outside o the AFT or its aiates is prohibited

    without rst receiving the express written permission o the AFT.

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    1

    THE MODEL CONSTITUTIONS THAT the AFT oers to

    oca unions were created beore the AFT Organizing

    Committee went to work on renewing a Cuture o

    Organizing throughout the union. Hence, these mode

    constitutions do not directy reect the unions current

    ocus on revitaizing oca unions and buiding powerthrough membership mobiization. What is oered here

    is not an aternate mode constitution, but rather

    a discussion o a number o options or amendment

    that oca unions may want to consider in order to better

    aign their constitution with the organizing cuture. e

    introduction and debate o these amendments may aso

    initiate overt discussion among union membership about

    the concept o buiding the organizing cuture.

    The introduction

    and debate o

    these

    amendments

    may initiate

    overt discussion

    among union

    membership

    about the

    concept o

    building the

    organizing

    culture.

    Note: Unless otherwise noted, articles and sections referenced in this

    paper correspond to theAFT Model Constitution for Large Locals.

    References to the companionAFT Model Constitution for Smaller Locals

    are made explicit.

    Introduction

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    2

    Artice II o theAF Model Constitution (Objectives) has seven sections that dene the purpose o the

    oca union: bargaining rights, member welfare, professional standards, mutual assistance, public good,

    quality, democracy and trade unionism. Not expicit in these seven sections are at east three concepts or

    buiding the cuture o organizing that might be considered as new or substitute sections or this artice.

    MembershipPower: To engage in member outreach, engagement, education and activation in order

    to buid understanding o the vaue o soidarity and coective action and that the primary purpose o

    the union is empowerment or positive change.

    StrongUnionChapters/TeamsattheWorksite:To promote strong union chapters/teams at the

    worksite to serve as the primary ocation or membership engagement and activity. (I the word

    chapters creates conusion, the oowing or other simiar anguage might be substituted: To promotestrong union teams at the worksite to serve as the nexus or membership engagement and activity.)

    OrganizingtheUnorganized:To vigorousy expore organizing opportunities among workers in

    reated eds in order to hep these workers gain representation and to strengthen the union; or To

    vigorousy support eorts by the AFT or the AFT state ederation to organize workers in reated eds in

    order to hep these workers gain representation and to strengthen the union.

    In genera, oca unions shoud review the objectives in their constitutions and consider amending those

    that dont convey their true goas. Aso, oca unions may want to consider preceding the ist o objec-

    tives with a short preambe that denes the union and its purpose. e oowing provides one exampe,

    athough the exact anguage each oca union uses shoud be very specic to its own situation: Te federa-

    tion exists to build among its members the power of solidarity and collective action to inuence all matters

    aecting their professional practice, to uphold quality in the institution in which they work, to create excel-lent 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.

    Objectives

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    3

    Artice III o theAF Model Constitution narrowy denes eigibiity or membership to the empoyees o

    a singe empoyer. is denition is imiting to ocas unions that are seeking to organize, or may seek to

    organize, empoyees o charter schoos, chidcare workers, adjunct acuty, graduate assistants or other

    emerging AFT constituencies. It is aso imiting to ocas that may want to consider merging with other

    ocas or creating a ederated oca union structure in order to create an organization greater in size,

    scae and abiity to be se-sustaining. Whether or not a oca union is currenty engaged in new organiz-

    ing or merger/consoidation, proposing an amendment to this artice to expand eigibiity o member-

    ship may initiate an important debate over the vision o a oca union with organizing as a priority.

    Not incuded in this artice is any consideration o the dutiesandobligationsofunionmember-

    ship. Whether added to this artice or the subject o a new artice, there may be vaue in incuding in

    the constitution some denition o this concept. Exampe anguage may be as oows: Te 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 eort 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.Loca

    unions with coective bargaining agreements may even want to consider anguage to the eect o

    Members should make every possible eort 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. Tis includes creating a savings account matching approximately one months

    salary or more.

    Finay, in Section 3 is a very engthy and detaied description o a procedure or member disci-

    pine. Whie important anguage or ega reasons, such a procedure is rarey needed or used and itsincusion in the constitution may send an unintended message about the union to its members and

    potentia members. ereore, oca unions may want to consider changing the tite o this section

    to something ess inammatory (such as Interna Dispute Resoution) and reocating it to a ess

    prominent pace in the document.

    MembershipProposing an

    amendment

    to Article III

    to expand

    eligibility o

    membership

    may initiate

    an important

    debate over the

    vision o a local

    union with

    organizing as

    a priority.

    Note: It is still important, however, to make sure that the constitution

    be clear that its denition 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.

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    4

    In addition to estabishing procedures or the eection o ocers, Artice IV o theAF Model Constitu-

    tion names the tites o our principa ocers (president, executive vice president, secretary, treasurer)

    and vice presidents or undened constituency areas. Whie this anguage is good as ar as it goes, oca

    unions seeking to buid the cuture o organizing may want to examine how their current constitution

    makes specic the constituency areas or vice presidents with an eye on the oowing:

    Representativevs.FunctionalResponsibilities:How the constitution denes constituency areas

    or vice presidents may have impications or how these positions are perceived and ued by the

    persons occupying them. Dening vice president positions or purey representationa purposes

    (e.g., vice president or high schoos, vice president or adjunct acuty) may encourage ocers to see

    their duties mosty as representing the issues and interests o their constituencies. Aternativey, de-

    ning the vice president position unctionay (e.g., vice president or poitica action, vice president

    or membership education and organizing) imparts a dierent message about the duties o these

    ocers. e choice here does not need to be between the two modes. e constitution can create

    some bending o both.

    UnderrepresentedorPriorityConstituencies: Loca unions may want to consider dening in this

    artice one or more vice president positions that are designated especiay or constituencies that

    have been traditionay underrepresented in the unions structure or ones that the union or strategic

    purposes wants to ensure has voice in the unions governance. One exampe o such a constituency

    may be newer, younger members (e.g., under age 35 and/or zero to ve years seniority) or recenty

    organized minority constituencies (e.g., charter schoo teachers). e identication o such con-

    stituencies woud be through the process o proposing and adopting the oca union constitution or

    amendments o the same.

    Election of OcersWhen building

    a culture o

    organizing,

    examine how

    the current

    constitution

    makes specifc

    the constituency

    areas or vice

    presidents.

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    5

    Artice V o theAF Model Constitution outines duties o various ocers. Loca unions may want to

    consider the oowing two points in reation to this artice:

    1. Loca unions may want to make expicit the oowing as duties o the

    oca union president:

    To buid the union in size, power and abiity to represent members

    and provide a diverse program to address identied needs and interests.

    To provide an array o membership invovement opportunities.

    To hep unorganized workers win the benets o having a proessiona

    voice through the union.

    2. Missing rom the numerous duties isted are duties that directy reate

    to the oca unions program o organizing/membership mobiization.

    Loca unions may want to consider adding these as constitutiona duties

    to one or more o its ocers. ese duties parae the Four Piars o

    Eective Interna Organizing rom the AFT Membership Consoidation/

    Interna Organizing Program:

    Oversee the unions programs o new member outreach and induction.

    Be responsibe or the unions structure o worksite eadership, incuding

    dening their roe, providing training, and carrying out programs o support,

    eedback, accountabiity, rewards and incentives.

    Deveop membership mobiization campaigns around issues o importance

    to the membership.

    Maintain a membership database that incudes basic contact inormation

    but aso data that supports organizing and membership mobiizations,

    such as tracking o issues and union participation, voter registration status,

    and assessment on eve o activism.

    Duties of Ocers

    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 dene vice presidential duties in a functional or

    blended representational/functional manner should take the opportunity

    in this article to more specically dene these duties.

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    6

    Artice VII o theAF Model Constitution provides a menu o standing committees rom which oca

    unions are encouraged to pick those most appropriate or their ocus, resources and eve o member

    participation. Whie these options incude organizing, oca unions may want to consider orming

    committees more specic to organizing-reated matters. Four o the suggestions beow, ike what was

    discussed earier in reation to ocer duties, parae the Four Piars o Eective Interna Organizing

    rom the AFT Membership Consoidation/Interna Organizing Program:

    NewEmployeeOutreach.e New Empoyee Outreach Committee sha be responsibe or pan-

    ning and impementing the unions eorts to recruit and induct new hires as union members, to ori-

    ent them to the union (and the contract), and to provide support or their success on the job during

    their rst year, especiay through a program o persona contact with union mentors at the worksite.

    WorksiteLeadershipDevelopment.e Worksite Leadership Deveopment Committee sha work

    to identiy teams o union eaders at each worksite and deveop a program o support that incudes

    dening their roe, providing training, support, eedback, accountabiity, rewards and incentives.

    MembershipData. e Membership Data Committee sha oversee the deveopment and mainte-

    nance o an accurate and up-to-date membership database and work continuay to enhance inor-

    mation avaiabe to the union to assist in the panning and impementation o its program o interna

    organizing and membership mobiization.

    IssuesOrganizing/MembershipMobilization. e Issues Organizing/Membership Mobiization

    Committee sha pan campaigns to engage and activate members on issues and activities o impor-

    tance to the union.

    CommunityRelations. e Community Reations Committee sha be responsibe or outreach tocommunity, aith-based, charitabe and other abor organizations and or overseeing the unions

    work in coaitions o the same.

    OrganizingtheUnorganized:e Organizing the Unorganized Committee sha be responsibe or

    buiding the power o the union by reaching out to new groups o workers in reated eds and work-

    ing with them to organize and achieve coective bargaining.

    Aso, the section incudes ContractDevelopmentas a suggested committee. is might more appropri-

    atey retited with the oowing description:

    ContractDevelopment/ContractCampaigns: is committee sha be responsibe or invoving

    the membership in the deveopment o contract proposas and in the campaigns to inuence the

    outcome o negotiations.

    CommitteesConsider

    orming

    committees

    more specifc

    to organizing-

    related matters.

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    7

    eAF Model Constitutionfor Large Locals incudes Artice VII that vests egisative power o the

    union in a representative assemby comprised o worksite eaders (reerred to as both stewards and

    representatives in this artice). eAF Model Constitutionfor Smaller Local Unions does not incude

    this artice even though smaer ocas may want to consider a representative assemby structure as part

    o their strategy to eevate the status o its worksite eaders in the union by more directy invoving them

    in the egisative power o the union. For smaer ocas, an important actor when considering adoption

    o this mode is whether or not the oca has the membership density and engagement to sustain it.

    It is aso in this artice that theAF Model Constitutionfor Large Locals outines the procedures or

    eecting stewards/representatives. eAF Model Constitutionfor Smaller Locals again does not

    incude this artice, even though there is no obvious reason why these oca unions woud not want

    to outine in their constitution the procedures or choosing representatives (worksite eaders) in their

    constitutions.

    NumberofRepresentatives:Constitutiona anguage shoud be cear on the number o representa-

    tive positions there wi be. is is best expressed as a ratio, such as one representative for every 10

    members. e exact ratio used by the

    oca is inormed by the nature o its membership and workpaces, but it shoud

    be ow enough to make persona contact between representatives and their

    constituencies manageabe.

    MethodofSelection:Finay, when it comes to methods o seecting representatives, oca unions

    may want to consider compementing eection procedures with the oowing:

    Members who seek the position o representative must, rst, submit a petition o support rom at

    east 10 percent o the members in good standing at the worksite or rom the constituency theyseek to represent. is woud show that the persons seeking these petitions have a oundation

    o membership support and that they are comortabe approaching and taking with their eow

    members.

    Second, aong with the petition, the person seeking oce must submit an outine o a pan or

    union buiding at the worksite during their term. e pan shoud be consistent with the duties de-

    ned or representatives. Pans may be very simpe or very ambitious depending on the candidate

    and depending on the current state o worksite structure or among their constituencies.

    ese pans woud serve severa purposes. First, they provide a basis o comparison among can-

    didates seeking eection. Second, they woud hep the oca union determine appropriate training

    and support that representatives wi need to accompish their pans. ird, the pans can serve as

    the basis o accountabiity or representatives on how we the pan was executed.

    Shoud the number o candidates equa the number o positions at the worksite or or the constitu-ency, then candidates meeting the conditions outined above are simpy appointed or the term

    dened by the constitution. I there are two or more candidates, then an eection is hed with the

    pans submitted by the candidates as a actor or members to consider as they decide their vote.

    TermofOce: eAF Model Constitution does not set a term o oce or representatives. Instead,

    eections are triggered when vacancies or recas occur. Loca unions may want to consider having rep-

    resentatives stand or reeection or reappointment ater a set term. e argument here is that this woud

    increase accountabiity and encourage more overa invovement in determining the shape o the union

    as a chapter at the worksite or among a constituency.

    RepresentativeAssembly

    An important

    actor when

    considering

    adoption o the

    representative

    assembly model

    is whether the

    local has the

    membership

    density and

    engagement

    to sustain it.

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    8

    A number o considerations here:

    1. eAF Model Constitutionfor Large Locals incudes Artice IX on the duties o representatives. e

    AF Model Constitutionfor Smaller Local Unions does not incude this artice even though there is no

    obvious reason why these oca unions woud not want to rame the duties o representatives (worksite

    eaders) in their constitutions.

    2. Artice IX uses both the terms representative and steward to describe the primary union eader at

    the worksite, creating unnecessary conusion.

    3. In addition to seecting a singe reerence o either steward or representative, oca unions may

    want to rethink the tite used or this position and consider changing it to a tite that more accuratey

    depicts the desired orientation o the person hoding that tite, especiay when it comes to organizing.

    Some possibiities are:

    Worksite Leader

    Organizer

    Invovement Coordinator

    Membership Mobiizer

    Membership Team Leader

    4. Consistent with the discussion o Duties and Obigations o Membership earier in this paper, oca

    unions may want to consider recasting the duties o representatives to duties o the union as a chap-

    ter at the worksite in order to communicate that there is work o the union at the worksite that is sharedamong a members. Under this construct, the eected or appointed representative(s) unction as ead

    organizers who seek to enist the hep o as many members as possibe to u the duties o the union

    as a chapter at the worksite vs. one rangers who attempt to u these duties on their own.

    5. e ist o duties in this artice or both representatives and assistant representatives is ight and not

    very specic when it comes to organizing. Loca unions may want to consider more specicay dened

    duties in reation to the oowing, whether written as duties o representatives or duties o the union

    as a chapter at the worksite:

    Maintenance o an accurate and up-to date roster o members and potentia members.

    New empoyee outreach through a program o sustained, reguar contact.

    Reguar worksite membership meetings in order to both impart and coect inormation.

    Organizing conversations to identiy issues o concern and to assess eves o support orthe union.

    Deveopment o issues advocacy campaigns that invove members in the resoution o both

    union`wide issues and issues specic to the worksite.

    Union visibiity eorts such as maintenance o an up-to-date and accessibe union buetin board

    and use o proessiona deveopment, socia and good and weare activities.

    Conduct o annua voter registration and COPE undraising campaigns.

    Assisting in campaigns to organize new groups o workers in reated eds.

    Duties ofRepresentatives

    Rethink the

    title used or

    steward or

    representative

    and consider

    changing it to a

    title that more

    accurately

    depicts the

    duties o the

    person holding

    that position,

    especially when

    it comes to

    organizing.