Agenda Item # 26
SUBJECT: Credentials Committee (Article III.D.3)
STATEMENT OF QUESTION:
Should a Credentials Committee be established for Special Local Council Meetings called for the purpose of Circulating a Recall Ballot?
SOURCE AND DATE SUBMITTED: UAL Council 11 – April 28, 2015
BACKGROUND INFORMATION:
Article IX.C. of the AFA-CWA Constitution and Bylaws provides the process for recall of a Local Council Officer. Although this process is rarely used, on those occasions where the membership of a large Council has successfully petitioned for a special meeting to be held to consider the recall of a Local Council Officer, the task of certifying the membership status of attendees and members who have submitted a proxy can be onerous and time-consuming.
In the past Local Council members have been appointed to act as the Credentials Committee, however, due to the nature of the issue being discussed there is generally a large membership attendance and those Local Council member members who have been charged with certification have been unable to attend the meeting at the designated start time because they are still engaged in the certification process.
PROPOSED RESOLUTION:
WHEREAS, the AFA-CWA Constitution and Bylaws (C&B) provides for the process for holding a Local Council meeting which has been called to consider the recall of a Local Council Officer; and,
WHEREAS, the process for certifying the membership status of attendees and those members who have submitted a proxy is onerous and time-consuming; and,
WHEREAS, the AFA-CWA C&B does not provide for an official Credentials Committee to oversee the certification process;
THEREFORE BE IT RESOLVED, that a new section, Article III.D,3 be amended as follows:
- Special Local Council Meetings
A special meeting of the Local Council may be called by the President. Special meetings of the Local Council shall be called by the President upon written request of the Master Executive Council, the International President or two (2) or more Local Council Officers. The Officer(s) requesting such special meeting shall state the agenda for inclusion in the President’s published notice.
The International Secretary-Treasurer of the Union shall call a special meeting when petitioned in writing by thirty percent (30%) of the active members in good standing of a Local Council and shall publish notice of the time and place of the meeting and the agenda items included in the petition. A credentials committee will be appointed by the International Secretary-Treasurer, consisting of members of International Office Staff and/or member volunteers.
BE IT FINALLY RESOLVED, that the International Secretary-Treasurer shall make necessary changes to AFA-CWA of the AFA Constitution and Bylaws to ensure consistency with the changes described above.
Agenda Item # 25
SUBJECT:
BOD Study Committee on the Application of the Airline Flight Crew Technical Corrections Act.
STATEMENT OF QUESTION:
Should the work of the committee studying the application of the Airline Flight Crew Technical Corrections Act be extended for another year?
SOURCE AND DATE SUBMITTED: HZN Council 16 – April 28, 2015
BACKGROUND INFORMATION:
AFA-CWA fought for a technical correction to the Family and Medical Leave Act (FMLA). The Airline Flight Crew Technical Corrections Act was signed into law in 2009 to ensure flight attendants are able to qualify for benefits under the Act. However, because of the way many aircrews’ hours are calculated, some flight attendants may find themselves excluded from coverage under the FMLA.
The 2014 Board of Directors established a committee per Article V.K.1.b to study the application of the Act at all AFA represented airlines in order to ensure that the law is being applied appropriately and consistently for AFA-CWA flight attendants. An interim report was given to the 2014 EXBOD at their Fall meeting. A final report is to be presented at this year’s BOD meeting.
PROPOSED RESOLUTION:
Whereas, the 2014 BOD established a committee to study the implementation of the Act (FMLA) and compliance that the law is being applied appropriately and consistently for flight attendants, and
Whereas, this study committee has worked very diligently throughout the past year to provide us with the answers to our concerns regarding implementation of the Act, and
Whereas, the committee’s research on this important topic continues,
THEREFORE BE IT RESOLVED, that the 2015 AFA-CWA Board of Directors extend the work of this committee for an additional year.
Agenda Item # 24
SUBJECT: Transfer of Membership (Article III.A.1.)
STATEMENT OF QUESTION:
Should there be clarification to the process by which a member may transfer membership to another Council?
SOURCE AND DATE SUBMITTED: International President – February 27, 2015
BACKGROUND INFORMATION:
This issue surfaced at an MEC in August 2014, when two members wished to transfer their membership pending an announced surplus at their domicile. Specifically, the members involved wanted to remain in their existing Council, instead of moving to the other Council on the effective date of their surplus the other domicile.
The MEC determined that approval of a transfer of membership before the actual surplus took place was premature, and that the request should be made after the surplus becomes effective. As such, the request in the form of an MEC Agenda Item was rule out of order.
This interpretation of waiting until after the surplus becomes effective introduces potential inconveniences to members who would have a break in membership in one Council, an abbreviated membership in the “new” Council, then a return to their previous Council from where they were surplused.
Consideration could be given to a tentative approval, effective on the date of the surplus
The specific request for transfer of membership in August 2014 involved a Local President and a Council Representative, both of whom wished to remain part of their current “pre-surplus” Council. These two Local Officers discussed their situation at Local Council Meetings and members provided significant support of the Local Officers’ applications to transfer their membership and remain in their elected positions.
While the company-announced surplus was subsequently canceled, had it taken effect, these two members would have endured not only the inconvenience that all other members would experience, but would also have been removed from their elected positions. This would have created vacancies at a Council where members had voiced a desire to retain their currently elected Local Officers.
PROPOSED RESOLUTION:
WHEREAS, Article III.A.1. does not currently address a procedure for transfer of membership in the case of upcoming events such as a surplus; and,
WHEREAS, implementing a procedure to enable a seamless transfer of membership in the event of a surplus or other similar event;
THEREFORE BE IT RESOLVED, that Article III.A.1. be amended as follows:
- Establishment of Local Councils
The basis of determination of the number and location of Local Councils shall be the geographical extent of an airline, the routes, the domicile locations, and the number of members involved, and shall be subject to change from time to time to expedite Union affairs, and to give adequate representation to all members. No more than one (1) Local Council on any one (1) airline shall be located in any one (1) city, town, or village, except when the operation of a part or parts of the airline are of a character presenting a marked difference in operating technique and procedures, in which event more than one (1) Local Council may, with the consent of the Executive Board, be so established. Unless otherwise approved by the Master Executive Council, a member must belong to the Local Council at the domicile where that member holds a bid. All requests to belong to a Council other than where a member holds a bid must be made to the Master Executive Council in writing stating specific reasons for said request. In the event of a Flight Attendant surplus from one domicile to another, tentative approval may be granted, contingent upon the actual surplus taking place. If no Local Council exists at a domicile, the Master Executive Council shall assign such member to a Local Council.
Agenda Item # 23
SUBJECT: Retirement of Seattle Council 10 Number
STATEMENT OF QUESTION:
Should the Council 10 number be retired until United reopens a Flight Attendant domicile in Seattle?
SOURCE AND DATE SUBMITTED:
UAL 5, 7, 8, 9, 11, 12, 14, 20, 21, 25, 26, 27, 38 & 42 – February 27, 2015
BACKGROUND INFORMATION:
Recent decisions by United Airlines management have resulted in the closure of United’s historic Seattle Council 10. In existence for decades, Seattle Council 10 has mentored more than its share of outstanding leaders and has developed an outstanding reputation for leadership, volunteerism and solidarity with Flight Attendants from all over the world. Seattle Council 10 has been a beacon of trade Unionism.
PROPOSED RESOLUTION:
WHEREAS, the Seattle Flight Attendant domicile is one of the oldest on the United system dating back decades; and,
WHEREAS, United Council 10 has had a long, rich history of exceptional representation, leadership and unwavering support and dedication to & from their Members; and,
WHEREAS, the influence and advocacy of Seattle Local Council 10, Diane Tucker, will be missed; and,
WHEREAS, losing the leaders and dedicated Members of Seattle Council 10 will create a void in our hearts that cannot be filled,
THEREFORE BE IT RESOLVED, that in appreciation for their years of dedicated service, leadership, volunteerism for the Association of Flight Attendants-CWA and solidarity with all AFA carriers, the Seattle Council 10 number will be retired until such time as United reopens a Flight Attendant domicile in Seattle.
Agenda Item # 22
SUBJECT: Petitions (Article III.D.7. and D.9.)
STATEMENT OF QUESTION:
Should the process of submitting a member petition be refined?
SOURCE AND DATE SUBMITTED: International President – February 27, 2015
BACKGROUND INFORMATION:
While member petitions may address any topic of interest they have generally been used in the process of recalling Local Officers from their elected positions. Petitions are recorded with the International Secretary-Treasurer on a relatively infrequent basis, but they normally involve this topic.
At the 2012 Board of Directors Meeting in Los Angeles, the Board made significant changes to Article III.D.9. Since that time, experience in administering member petitions indicates that some relatively minor changes should be considered.
One problem noted that the 120-day time limit is so extended that Local Officers are distracted by the existence of a petition for up to four months. Experience has shown that when the membership truly has a serious concern with the performance of any elected Local Officer, signatures can be secured in a matter of weeks. Allowing a petition to linger over the heads of the elected officers does not satisfy any useful purpose.
Consideration should be given to reducing this time period.
Another problem relates to the ability to immediately record a subsequent petition if the prior one is unsuccessful. This currently can result in a petition causing disruption at a Local Council for two or more 120-day periods, or eight to 12 months if a subsequent petitions follow. While it is desirable for the membership to retain the ability to record a petition for “no cause,” there should be a limit as a petition does cause disruption to the Local Officers ability to provide representation.
Consideration should be given to requiring a show of cause before a second petition is recorded in a 12-month period.
Finally, related to the process for administering a petition and conducting the subsequent Special Council Meeting is the provision that enables a member to carry three proxies.
While the Standard Code of Parliamentary Procedure states that “the use of proxies in organizations in which all members have an equal vote is ill advised..,” our Constitution and Bylaws recognizes that not all members are able to attend any given meeting. Per Article III.D.7, a member in attendance at a meeting Is permitted to carry three proxies. While the right to carry proxies is not in question, the ability of a member to carry four votes on a topic leads to distortion of the results. Typically, when proxies are used, the “proxy campaign” prior to the meeting usually determines the result.
Consideration should be given to reducing the number of allowable proxies.
PROPOSED RESOLUTION:
WHEREAS, member petitions continue to have a valuable function within our democratic organization; and,
WHEREAS, Article III.D.9 was drastically revised in 2012, and is in need of adjustments related to the over-extended length of time a petition is pending, and the prospect of follow-on petitions for no apparent cause or reason making member representation more difficult;
THEREFORE BE IT RESOLVED, that Article III.D.9.a. be revised as follows:
- Petitions
a. Any member who wishes to circulate a petition must first contact the office of the International Secretary-Treasurer to record the statement of the petition. Any petition that is circulated among members of a Local Council must be clearly marked with a single intended purpose. The petition bearer shall have 120 30 days from the date the petition is recorded to submit the final petition to the International Secretary-Treasurer.
BE IT FURTHER RESOLVED, that a new Article III.D.9.f. be added as follows:
f. If an additional petition is to be recorded within the term of office, the petitioner must show cause (for example, a constitutional violation) and present charges to the Hearing Board per the provisions of Article X or present facts to the Ethical Practices Committee per Article XV. If either the Hearing Board or Ethical Practices Committee accepts jurisdiction, then a second petition may be recorded.
BE IT FINALLY RESOLVED, that Article III.D.7 be revised as follows:
- Proxies
Proxies for a Local Council meeting may be issued only for good and sufficient cause. Such proxy must be in writing, from an active member in good standing, and for a specific subject listed on the published agenda. Stated on the proxy must be the name of the person issuing the proxy, the person to whom issued, and the subject covered by the proxy, provided that proxies may not be used in any vote by secret ballot, and that proxy holders be limited to three proxies one proxy.
Agenda Item # 21
SUBJECT: Petitions (Article III.D.9.)
STATEMENT OF QUESTION:
Should the Recall of Local Council Officers require a petition that is signed by 50% of the Active Members in Good Standing?
SOURCE AND DATE SUBMITTED: UAL 20, 21, 27, 42, CAL 62, 64 – February 26, 2015
BACKGROUND INFORMATION:
At a Local Council meeting, which has been called to consider, among other things, a recall, (recall requires a petition in accordance with Article III.D.9. that is signed by 30% of the Active Members in Good Standing, and notice in accordance with Article III.D.4.) such Local Council, by a majority vote of the Members present, may request the International Secretary-Treasurer of the Union to initiate and circulate a ballot among the active Members in good standing of such Local Council for the removal of a Local Council Officer.
PROPOSED RESOLUTION:
WHEREAS, when a recall is considered, it will require a petition that is signed by 50% of the Active Members in Good Standing, and notice in accordance with Article III.D.4. Such change will also include reducing the number of days in Article III.D.9. from 120 days for the petition bearer to 60 days from the date the petition is recorded to submit the final petition to the International Secretary-Treasurer;.
WHEREAS, recalls can drain the financial resources of the Local Executive Councils and prevent the ethical use of funds;
THEREFORE BE IT RESOLVED, that the democratic process of a recall to be conducted by majority vote exercised by requiring a petition in accordance with Article III.D.9. signed by 50% of the Active Members in Good Standing and also reduce the number of days in Article III.D.9. to 60 days from the date the petition is recorded to submit the final petition to the Secretary Treasurer.
PROPOSED LANGUAGE
Article III.D.3
- Special Local Council Meetings
A special meeting of the Local Council may be called by the President. Special meetings of the Local Council shall be called by the President upon written request of the Master Executive Council, the International President or two (2) or more Local Council Officers. The Officer(s) requesting such special meeting shall state the agenda for inclusion in the President’s published notice.
The International Secretary-Treasurer of the Union shall call a special meeting when petitioned in writing by thirty percent (30%) fifty percent (50%) of the active members in good standing of a Local Council and shall publish notice of the time and place of the meeting and the agenda items included in the petition.
Article III.D.9
- Petitions
a. Any member who wishes to circulate a petition must first contact the office of the International Secretary-Treasurer to record the statement of the petition. Any petition that is circulated among members of a Local Council must be clearly marked with a single intended purpose. The petition bearer shall have 120 60 days from the date the petition is recorded to submit the final petition to the International Secretary-Treasurer.