CONSTITUTION AND BYLAWS
NATIONAL TREASURY EMPLOYEES UNION,
CHAPTER 73
Updated: July, 2005
PART I
CONSTITUTION
The Constitution of the National Treasury Employees Union as amended at the last National Convention is hereby adopted as the Constitution of this Chapter. The Bylaws of this Chapter set forth rules for the local administration and function of this Chapter. No part of those Bylaws shall be valid if they are contrary or in conflict with the provisions of the National Constitution and Bylaws.
The purpose of Chapter 73 shall be to support and participate in the program of the National Treasury Employees Union in its endeavor to advance and improve the general welfare of Internal Revenue Service, employees, and to protect their rights at all times.
PART II
NAME, HEADQUARTERS JURISDICTION and FISCAL YEAR
Section 1. Name
This organization shall be known as the National Treasury Employees Union, Chapter 73, or NTEU73.
Section 2. Headquarters and Jurisdiction
The headquarters of Chapter 73 shall be maintained in Covington, Kentucky and have jurisdiction concurrent with the jurisdiction granted in the Charter issued pursuant to the National Constitution.
The officers of this organization shall be a President, Vice President, Secretary, Treasurer, and the Board of Directors (Consisting of five (5) elected Directors .)
The Fiscal Year of Chapter 73 shall begin October 1st and end September 30th the following calendar year.
PART III
MEMBERSHIP
Section 1.
Any person who is presently employed within Chapter jurisdiction, as defined in Part II, Section 2, or any former employee or any retired employee of the Treasury Department is eligible for membership in this Chapter, regardless of sex, national origin, handicap or age.
Section 2.
A member of Chapter 73 is one who is eligible for membership and who has timely remitted an appropriate dues payment or who has authorized withholding of dues from his/her compensation and notice of such authorization has been provided to Chapter 73.
Section 3.
Classification of membership in Chapter 73 shall mean:
Active employee member - any member presently employed by the Treasury Department.
Retired member - any member formerly employed by the Treasury Department who has been retired from the Treasury Department and is drawing an annuity under the U.S. Civil Service Retirement System and who was a member of this organization at the date of his/her retirement.
Former employee member - a member formerly employed by the Treasury Department who left before he/she was eligible for retirement and who was a member of this organization when he/she was separated from the Department.
Associate member - a member who is or was a federal employee but is not otherwise eligible for membership in this organization, and who shall not enjoy the privileges of NTEU membership other than insurance coverage in the National Organization and shall not be a voting member on those matters relating to the national or local organization.
PART IV
DUES AND FUNDS
Section 1. Revenue
How Prescribed - the revenue of Chapter 73 shall be obtained from membership dues paid by each member and from other activities as may be determined by the members of the Chapter.
Amount of Dues - the dues shall be the per capita rate as set by the latest NTEU National Convention plus the Chapter 73 dues (15% of the National Dues) as set by the membership of Chapter 73.
Retiree members shall pay an annual per capita dues as set by the latest NTEU National Convention plus a Chapter 73 annual dues equal to four bi-weekly dues payments of employed members (ie--if Chapter 73 dues are 75 cents per pay period, the annual dues of retirees would be $3.00).
Members Ineligible for Dues Withholding and Proration of Dues - Member not eligible for dues withholding (ie-non bargaining unit employees) will be billed annually/quarterly at the rate proscribed in (B) above. If such member joins after October 31st, dues will be prorated for the fiscal year in which the member became a member so that dues will be paid for only those months remaining in the fiscal year. Fractions of a month will be counted as a full month.
Section 2. Method of Payment
The per capita payments shall be made to the National Headquarters office at the beginning of each fiscal year except for those members who are on dues withholding. The National Headquarters office shall bill all members who are not on dues withholding at the beginning of each fiscal year. Per capita payments collected by the Chapter shall, be forwarded to the National Headquarters office.
Dues withheld for members on a dues withholding program will be paid directly to the National Headquarters Office which will then remit to the Chapter its share within ten (10) days.
Section 3. Increase in Dues
Reasonable advance notice of at least fifteen (15) days shall be given to all members when a general or special meeting of the members shall consider an increase in dues. The notice shall state the amount and the effective date of the proposed increase. Notice shall be by letter to all members, publication in Chapter newspaper which is received by all members or posting the notice on all official bulletin boards.
The dues increase shall be levied only after a majority vote by secret ballot of the members, excluding associate members, of the Chapter.
PART V
CHAPTER MEETINGS
Section 1.
The Chapter shall hold a minimum of four (4) meetings on the third Wednesday of the month with the October meeting being considered as the Annual meeting of Chapter 73.
Section 2.
The meeting place will be designated by the President and notice given to the members at least seven (7) days prior to the meeting date.
Section 3.
Chapter Meetings will be conducted according to the following agenda.
Minutes of previous membership meeting
Treasurer's report including a complete financial report
Committee Reports
Old Business
New Business
Annual meeting reports will include a complete financial report and proposed budget as approved by the Executive Board. Copies of the Financial Report and Proposed Budget shall be available for the attendees to read along as reports are given. Unless there are objections the report shall be approved as read.
Section 4.
Special meetings of the Chapter may be convened by:
Written call by the President;
Written call by a majority of the Executive Board; or
Written call signed by 10 members in good standing.
Section 5.
Each member, except an Associate Member, shall be entitled to one (1) vote at any regular or special chapter meeting.
In cases of challenge of the right to vote by a member, the Chapter President shall rule on the member's right to vote at said meeting. The members shall have a right to challenge this decision pursuant to the applicable provisions of the NTEU Constitution.
Section 6.
A quorum at any meeting of Chapter 73 shall be a minimum of 12 members as defined in Part III, Section 2 of these bylaws.
Section 7.
Each member, except Associate Members (described in Part III), shall be entitled to debate at any meeting of the Chapter on those matters relating to the national or local organization.
Section 8.
The rules and order of business of special and regular Chapter Meetings shall be determined by the Executive Board at its regular or special meeting preceding the Chapter Meeting.
PART VI
CHAPTER EXECUTIVE BOARD
Section 1.
The Chapter Executive Board shall be composed of the President, the Vice-President, Secretary, Treasurer, and the Board of Directors (consisting of five (5) elected directors).
Section 2.
The Chapter Executive Board shall have jurisdiction over all matters not specifically reserved to the members, and shall have authority to:
Authorize necessary Chapter expenditures and establish procedures for the payment of authorized Chapter expenditures;
Fill any office vacancy by a majority vote of the Board, except the office of President, after review of recommendations and nominations submitted by the Elections and Nominations Committee. In the event that the duly elected President resigns, dies or is otherwise unable to complete the term of his/her office, the Vice President shall become President. Any other office vacancy or Executive Board vacancy shall be filled by a majority vote of the Executive Board;
Approve by a majority vote any employee-management contract prior to its being signed by the Chapter President on behalf of the Chapter;
Approve the Chairperson of all standing committees and the Chief Steward, except the membership and Labor Relations Committee, and ratify or reject any committee members appointed by the President;
Maintain a Post Office box to be used by the Chapter.
Section 3.
A quorum for the purpose of an Executive Board Meeting shall consist of a majority of its members, 5.
Section 4.
The Chapter Executive Board shall convene for regular meetings the second Monday of each month prior to the general meeting. If the second Monday falls on a holiday, the board will meet on the next business day.
Section 5.
Special meetings of the Executive Board may be convened by:
Written call of the President; or
Written call of a majority of the Executive Board.
Written call of Ten Members in good standing.
Section 6.
All actions of the Executive Board will be reported by the Secretary at the next regular meeting of the Chapter.
PART VII
CHAPTER OFFICERS
Section 1. Officer Designation
The officers of this Chapter shall be those designated in Part VI, Section 1 of these Bylaws.
Section 2. Term of Office
As of June 1, 1994, the term of office for each officer shall be for a three (3) year period.
Section 3. Elections
The elections of all Chapter officers and delegates to District Conferences and National Conventions shall be conducted pursuant to the NTEU Constitution.
Section 4. Qualifications
Any member of Chapter 73 who has been a member in good standing of Chapter 73 for one full year (365 days) can be elected to any office. Any member who, under federal law, is considered a non-bargaining employee or who is an associate member is ineligible to actively participate or represent Chapter 73 as an officer.
Section 5. Duties
The President's duties shall be:
To perform as administrator of the day to day affairs of Chapter 73 in accordance with the provisions of the National Constitution and the Chapter's Bylaws;
To issue proper notice calling meetings of the Chapter and the Executive Board;
To preside at all regular and special meetings of the Chapter and the Executive Board;
To promptly inform the Board of all actions affecting major policy, no later than the next scheduled meeting;
To issue at least seven (7) days prior notice of the date and places of meetings of the Chapter and/or Executive Board;
To appoint all committee members after ratification by the Executive Board and maintain ex officio membership of each;
To represent and act as spokesperson for the Chapter in all matters;
To sign all documents pertaining to official business of the Chapter;
To perform all other duties as are necessary to protect and advance the interests of the membership.
The Vice President's duties shall be:
To perform the duties of the President during the President's absence or inability to serve. If the President dies, resigns or is removed for any reason, the vacancy shall be filled by the Vice President;
To serve as an assistant to the President; and
The duties of the Secretary shall be:
To record and keep minutes on all meetings of the Chapter and the Executive Board;
To conduct such correspondence as may be necessary or as the President shall direct, and maintain copies in a permanent file;
To maintain a permanent minutes book and transfer this and the correspondence file to his or her successor at the termination of his or her tenure of office; and
To maintain files of committee reports.
The duties of the Treasurer shall be:
To receive and deposit all funds of the Chapter in a depository approved by the Executive Board;
To make payments from funds as authorized by the Executive Board;
To submit quarterly financial reports and other reports as requested by the Executive Board;
To submit the Chapter books and accounts for audit on demand of the Executive Board;
To furnish a surety bond to the Chapter, the premium of such bond to be paid by the Chapter;
To prepare and file Internal Revenue Form 990 and Department of Labor Form LMR 3; and
To keep an accurate and current record of all receipts and expenditures of the Chapter, according to accepted accounting practices.
PART VIII
COMMITTEES.
The President shall appoint, with the advice and consent of the Executive Board, within thirty (30) days after assuming office, the Chairpersons and the members of the following standing committees (with the exception of the Election and Nomination Committee), and the President shall publish these appointments for the information of the membership. These committee members shall serve until discharged by the President with approval of the Executive Board or until the end of the terms of office of the appointee.
Section 1. Classification and Responsibilities
Committee of Elections and Nominations shall consist of thirteen members, including one member who will serve as Chairperson. Seven members will be chosen from volunteers at the October Chapter meeting prior to the election. The Chapter membership will be informed of the agenda for the meeting in advance. If more than seven members volunteer, all names of the volunteers will be entered into a box and seven names will be drawn at random. The remaining six members will be appointed by the Executive Board. If less than seven members volunteer at the meeting, more volunteers will be solicited by any appropriate means of communication. The thirteen members of the committee will then nominate and vote on who will be the Chairperson. Election and Nomination committee will stay in place for 3 years.
Elections will take place on the third Tuesday of April of the election year.
Members will be eligible to vote if they are on the membership list by January 1 of the election year.
Nominations forms must be sent to all employees 60 days prior to Election. Nomination forms will include office to be filled. (See National Contract)
Department of Labor for Rules and Regulations will apply, and can be obtained from the U.S. Department of Labor.
Candidates will be given Rules and Regulations, either at a meeting or hand carried to each candidate.
The Election and Nomination committee will determine the type of election that will take place. The committee will then submit a budget to the current chapter treasurer for approval. Any expenditure by the committee will be authorized by five members of the committee and all approved expenditures will be paid by the Chapter.
Campaigning may start immediately after acceptance of nomination.
Keys for the union office will be turned over to the Election and Nominations Committee on the day of election, before the counting of the ballots.
The Committee shall count the ballots and post the results of the election. Any member in good standing will be permitted to watch the vote counting. Each candidate can appoint one official observer. Only candidates and/or members designated as official observers may raise challenges to the Election Committee at the time of the vote counting. The newly-elected officers shall be notified by the chairperson of the Election Committee.
In the case of a tie vote for any office, the Election Committee shall conduct a run-off election within 60 days.
The Chairperson shall immediately make a written certification on the results of the election the NTEU Headquarters, Regional Vice President and the Field Office Representative.
Incumbents and newly elected officers will be given keys to the office after ballot counting. Transition period will begin immediately. A two week transition period will begin within twenty four hours after the results of the election is known with all newly elected officers and all outgoing officers having equal access to the Chapter Office.
All expenditures over $100.00 must be authorized by both the outgoing and incoming president/treasurers during the transition period.
The newly elected officers will be sworn into office fourteen days after the election, and will begin their term at that time.
In the event of an officer vacating his/her office (Vice President Secretary, Treasurer, or Executive Board), at least two names will be submitted to the Executive Board from the President or a member of the Executive Board. At that time the Executive Board will fill the office from the names submitted.
Committee on Membership - shall consist of the Membership Coordinator and a minimum of two (2) additional members.
Among the Committee's duties, it will:
Instruct and organize membership recruiters in each post-of-duty within Chapter 73's jurisdiction;
Report to the President the format of the membership program and its status; and
Distribute and accept membership applications, requests for transfers of membership from other Chapters or to other Chapters, assist with the execution of Forms 1187 and 1188 for dues withholding.
The Chief Steward and other such committees as are deemed necessary to accomplish the aims of Chapter 73 may be appointed by the President, with the approval of the Executive Board. The number of members shall be the number considered practical and necessary by the Executive Board. Such appointed committees shall serve until discharged by the President, with the approval of the Board or until the end of the fiscal year.
PART IX
DELEGATES AND PROXIES
Section 1.
The Executive Board, at a meeting not less than thirty (30) days prior to the National Convention, shall determine the number of Chapter delegates to the National Convention, and the amount of delegate expense that will be paid by Chapter funds. No more than two (2) Delegates will be sent at Chapter expense.
The President and Vice President respectively shall serve as delegates unless unable to attend. If either or both cannot attend, an election for Delegates shall be held pursuant to the NTEU National Constitution and Bylaws.
Any member who wishes to attend the National Conference as a delegate at his or her own expense must be elected pursuant to the NTEU Constitution.
The Chairperson of the delegation will be the President or in his or her absence, the highest ranking officer who is a delegate.
If no Chapter Officer is a delegate, the Executive Board will appoint the Chairperson and define the succession of authority in the delegation.
PART X
BUSINESS PROCEDURE
Section 1. Executive Board - Order of Business
At each regular meeting of the Executive Board as provided by Part VI, Section 4, the following order of business shall be observed:
Call to Order
Roll Call
Secretary reads minutes of last meeting
Report of President
Report of Vice-President
Report of Treasurer
Report of Chairpersons of standing committees
Unfinished Business
New Business
Adjournment
The above order of business may be suspended at any time by a majority vote of the Executive -Board members present at the meeting. In case of a special meeting of the Board, the President's call for the meeting shall set forth the business to be transacted and the order for it.
PART XI
MISCELLANEOUS
Section 1. Rules of Order
In the absence of any provision to the contrary in the Constitution and these Bylaws, all meetings of the Executive Board, Committees, and Chapter meetings shall be governed by the parliamentary rules and usage contained in the current edition of Robert's Rules of Order, Revised.
Section 2.
Copies of these Bylaws shall be distributed to any member of Chapter 73, upon request. The Chapter Bylaws will also be posted on the Chapter web-site.
Section 3. Amendments
The Bylaws may be amended at any regular or special meeting by a majority vote, provided such amendment was proposed in writing 30 days in advance at a previous Chapter meeting. Section 4.
Section 4. Conflict of Bylaws with NTEU Constitution
When it shall be determined by a majority vote of the Chapter members or after a determination by the National President, that a Section or Sections of these Bylaws is in conflict with one or more Articles or Sections of the National Constitution, that Section or Sections of these Bylaws in conflict shall immediately become null and void and shall be as if it or they had never existed.
Section 5 . Elections
Election of Chapter Officers shall be conducted in accordance with Part IV of the NTEU Constitution.
Section 6. Conflict of Interest
An elected officer shall, for the duration of his term of office within the Chapter, hold no other position within NTEU except as Chapter representative on a Joint Council or the Chairperson thereof. If he or she accepts an elected or appointed position with the National organization which requires his or her acceptance during his or her current term of office in Chapter 73, he or she must resign from the Chapter position. The vacant position for the unexpired term will be filled by the nominee receiving a majority vote of the Executive Board as provided in Part VI, Section 2 (B). An elected official of NTEU, Chapter 73, may not at any time fill any post in the Chapter other than Chairperson of a committee, steward or Chief Steward.
Section 7. Remuneration of Officers
No officer shall receive remuneration from the Chapter unless expressly approved with the informed consent of the Executive Board.
PART XII
OFFICIAL PUBLICATION
Section 1.
The official publication of Chapter 73 shall be published at intervals as determined by Chapter 73's Executive Board. The publication will be reviewed by the President.