ARTICLE III
LOCAL COUNCILS AND LOCAL EXECUTIVE COUNCILS
A. Local Councils
1. 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. If no Local Council exists at a domicile, the Master Executive Council shall assign such member to a Local Council.
2. Establishment of Transitional Local Councils for Newly Organized Carriers
a. Local councils established on newly organized carriers without prior Union representation and a collective bargaining agreement shall be designated Transitional Local Councils.
b. In accordance with the provisions of Article III.A.3., a Transitional Local Council Representative shall be appointed who shall serve until officers of the Council have been duly elected in accordance with Article VIII.C. Each Transitional Local Council shall have the following elected Officers: President and Secretary. The term of office of the Transitional Local Council Officers shall commence upon certification of the election results and expire upon certification of the election of regular Local Council Officers as prescribed in paragraph (a) above, or three (3) years, whichever occurs first. Thirty (30) days after an initial contract is ratified, the International Secretary-Treasurer will initiate the election process for regular officers. Should a vacancy in either office occur, the Master Executive Council may appoint a Temporary Officer with the approval of the International President, and the International Secretary-Treasurer shall immediately initiate election procedures. Transitional Local Council Officers shall be considered an Officer of the Union and shall have all the same rights and privileges of Local Council Officers as authorized under the Constitution and Bylaws of AFA-CWA.
c. Transitional Local Council Officers shall have all Constitutional jurisdiction and duties of regular Local Council Officers. There shall be no Transitional Local Executive Council. Transitional Local Council Committees shall be those necessary for member communications and negotiations.
3. Authority to Establish Councils
a. The Executive Board shall have the authority to establish Local Councils and to create new Councils for the purpose of representation, and make assignments to election categories.
b. The number and location of Local Councils shall be recommended by the Master Executive Council and final determination shall be made by the Executive Board.
4. Initial Representation
a. For the purpose of initial new domicile representation, the Executive Board shall promptly establish a probationary Local Council or Councils, and shall appoint Temporary Local Council President(s), Vice President(s), and Secretary(s), who shall serve until successors are elected. Should the Executive Board not be scheduled to meet within thirty (30) days, the International Secretary-Treasurer of the Union shall effect the above.
b. The Temporary Local Council Officers will have all the jurisdiction and duties as provided in Article III.C.3. and E.1. and all the rights and privileges of elected Officers, however, they may not vote as representatives in an election and recall of Officers except as provided in Subparagraph c. below and Article VII.D.5.
c. The Temporary Local Council Officers shall have the same privileges with respect to the nomination and election of regular Local Executive Council Officers as all other eligible members on that airline and shall serve until regular Officers have been elected in accordance with Article VIII.C.
5. Local Council Dissolution
A Local Council shall be automatically dissolved when the domicile ceases to exist or when the Union ceases to be the bargaining representative for the flight attendant members of the carrier. The Executive Board is empowered to terminate or dissolve a Local Council if its members diminish to ten (10) or fewer, or if other factors which led to its initial establishment are demonstrated to be no longer applicable.
B. Local Affiliate Councils
The Executive Board shall have the authority to establish new Local Affiliate Councils (LACs) and to create new LACs, as needed, upon the recommendation of the International President. An LAC Representative shall be appointed to serve until officers of the LAC have been duly elected. Each LAC shall have the following elected officers: President and Secretary. The term of office of the LAC Officers shall commence with the certification of the election results and expire upon the date of either (1) the appointment of a Transitional Local Council Representative in accordance with Article II.A.2., after the LAC becomes a Transitional Council following recognition as a Newly Organized Carrier, or (2) three years after the election, whichever occurs first. Should a vacancy in either office occur, the International President may appoint a Temporary Officer and the International Secretary-Treasurer shall immediately initiate election procedures. LAC officers shall be considered an Officer of the Union and shall have all the same rights and privileges of Local Council Officers as authorized under the Constitution and Bylaws of AFA-CWA, except for the right to hold International office.
1. In the event membership falls below 100 dues paying members in a Local Affiliate’s Council, a review process will be initiated. The Executive Board shall be charged with reviewing each council of less that 100 members and determining whether that council shall remain intact or be dissolved.
C. Local Council Officers
1. Number of Officers
a. Each Local Council shall have the following elected Officers: President, Vice President and Secretary, except as provided in Section C.1.c. and C.5. of this Article. These Officers shall be nominated and elected in accordance with Article VIII.C. 1. and 2.
b. Each Local Council shall have a Local Executive Council comprised of the elected Local Council Officers who shall serve in the same capacity for the Local Executive Council.
c. For any Local Council, additional Officers may be elected and designated as Local Council Representatives in accordance with c. (1) and (2) below. The decision to elect additional representatives shall be made by the Local Council at a regular membership meeting where the business is included on the advanced agenda.
(1) Local Councils with membership of two thousand (2,000) or less shall be limited to a maximum of two (2) Local Council Representatives.
(2) One (1) additional Local Council Representative may be elected for each additional increase of one thousand (1,000) members, or portion thereof.
2. Eligibility
a. Members wishing to run for local office must be active members in good standing from the Local Council at the time of nomination and election.
b. Local Council Officers shall hold office for the term elected, provided the officer remains an active member in good standing of that Local Council.
c. Members holding Local Executive Council office must belong to the Local Council at the domicile where that member holds a bid, unless the procedures outlined in Article III. A.1. are complied with.
d. Notwithstanding the provisions of a., b., and c. above, any person barred from holding union office under the provisions of the Ethical Practices Code shall not be eligible to serve as an officer or representative.
3. Jurisdiction and Duties
a. Local Council President & CWA Convention Delegate #1
(1) The President of the Local Council shall preside at all meetings thereof and at all meetings of the Local Executive Council, except as the President may otherwise specifically direct in accordance with Paragraph 3.b. of this Section.
(2) The President shall cause to be called all regular and special meetings of the Local Executive Council and of the Local Council in accordance with the Constitution and Bylaws.
(3) The President shall be responsible for the expeditious processing of complaints and grievances of that Council's members and promoting their interests locally in whatever way possible.
(4) The President shall be charged with and responsible for implementing, administering and explaining the policies of the Local Executive Council and Master Executive Council, the Board of Directors, and Executive Board as they pertain to that Local Council.
(5) The President shall be a member of the Master Executive Council of the airline and a member of the Board of Directors.
(6) The President shall inform all Local Council Officers and committees that all files, correspondence, documents and other materials resulting from the work of such committees are the property of the Union, not the personal property of individuals, and are to be safeguarded.
(7) The President shall maintain the Union's files and property, then transfer them to her/his successor promptly.
(8) The Local President is encouraged to consult with and take into account the opinions and thoughts of the other Local Council Officers. It is expected that a Local Council President will exercise her/his judgment in the best interests of her/his members.
b. Local Council Vice President & CWA Convention Delegate #2
In the absence of the President, the Vice President shall perform all the duties of the President as provided in Paragraph 3.a. of this Section and such other duties that from time to time may be specifically assigned by the President.
c. Local Council Secretary & CWA Convention Delegate #3
The Secretary of the Local Council shall assist the President in administering Local Council funds, maintaining Council records, and perform such other duties that the Council President may assign to the Secretary, and shall in addition, be available to represent the Council at meetings of the Board of Directors pursuant to Article V.H. and Master Executive Council meetings pursuant to Article VII.D.6.
d. Local Council Representative & CWA Convention Delegate #4, etc.
The Local Council Representative shall assist the President, Vice President and Secretary in the administration of Local Council activities and perform such other duties as the President may assign to the Council Representative. For the purposes of calling special Local Council meetings, a Council Representative is not an officer.
4. Term of Office
The term of office for the Local Council Officers shall commence January 1 or July 1 in accordance with each Local Council's Election Category placement as delineated in Article VIII.C. 3 and shall be for three (3) years.
5. Council Officer Vacancies
a. When a Local Council office becomes vacant, it shall be filled in accordance with the following provisions except as provided in Subparagraph c. below.
(1) When the office of President becomes vacant, the Vice President shall complete the unexpired term as President and the Secretary shall act as Vice President and Secretary for the remainder of the unexpired term.
(2) When the office of Vice President becomes vacant, the Secretary shall act as Vice President and Secretary for the remainder of the unexpired term.
(3) When the office of Secretary becomes vacant, the Vice President shall act as Vice President and Secretary for the remainder of the unexpired term.
(4) At the option of the remaining Officers, an election for any vacant office may be requested from the International Office.
b. In the event that a successful candidate for office advises the International Secretary-Treasurer before the commencement of the term that s/he will not assume office, an election will be held for the vacant office provided that until the individual to be elected assumes office, the duties and responsibilities of the vacant position will be filled in accordance with subparagraph a. 1.2.3. above. If the vacant position is one of a Council Representative, at the option of the newly elected LEC President, and in lieu of an election, the next candidate for Council Representative with the most votes may be moved up to fill and assume the position of Council Representative.
c. When a Local Council has more than one (1) vacancy at the same time, the offices will be filled in the following manner, except as provided in Subparagraphs d. and e. below.
(1) When the offices of President and Vice President become vacant there will be an immediate election to fill the above named offices in accordance with Article VIII.C.1. and 2. The Secretary shall act as President and Secretary, pending the filling of the President and Vice President vacancies.
(2) When the offices of President and Secretary are vacant, the Vice President shall succeed to the office of President and complete the unexpired term of that office and an immediate election will be held to fill the offices of Vice President and Secretary in accordance with Article VIII.C.1. and 2.
(3) When the offices of Vice President and Secretary become vacant, an immediate election will be held to fill the above named offices in accordance with Article VIII.C.1. and 2.
(4) A Council Representative shall not succeed to any vacant office in a Local Executive Council.
d. When in the case of a single Council airline one (1) or more of the Local Council offices become vacant, the following procedure could be invoked at the discretion of the remaining elected officer(s) in consultation with the International President during the interim period while processing the election:
(1) At the request of the remaining elected officer(s) or the International President a decision will be reached as to whether or not the individual single Council airline should have temporary acting Officers appointed while waiting for election results.
e. In the event that more than one (1) vacancy occurs within six (6) months of the expiration of the regular term of office, the successful candidates elected to said office will be appointed to complete the unexpired terms of office and will then fill the regular terms of office to which they have been elected.
f. In the event a Local Council has no elected Officers:
(1) The Master Executive Council shall appoint a Temporary Local Council President, Vice President and Secretary until nominations and elections can be conducted in accordance with Article VIII.C.1. and 2. This nomination and election process should begin ninety (90) days after the commencement of such appointments.
(2) The Temporary Council Officers will have all the jurisdiction and duties as provided in Article III.C.3. and E.1. and all the rights and privileges of elected Officers, however, they may not vote as a representative in an election and recall of Officers except as provided in subparagraph (3) below, and in Article VII.F.
(3) The Temporary Local Council Officers will have the same privileges with respect to the nomination and election of permanent Local Council Officers as all other eligible members on that airline, and shall serve until permanent Officers have been elected.
D. Local Council Meetings
1. The Local Council meeting shall be the forum of the general membership of the Union.
2. Regular Local Council Meetings
a. A regular meeting of the Local Council shall be called at least two (2) times per calendar year by the President or by other elected Officers of the Council at the direction of the President. At least one (1) of these meetings will be held prior to the Board of Directors meeting to discuss and solicit agenda items from Local Council members.
b. The following shall be complied with during Local Council meetings: where applicable, due to the size of the Council, or availability of membership, and in order to allow the maximum number of members to attend a meeting, the meeting may be divided into two (2) or more sessions. Each meeting having more than one (1) session shall discuss the same items on the published agenda, and in case of new business at the first session, such new business shall be discussed at the remaining sessions of the meeting. Any vote taken on any matter of business must be a compilation of the voting on that matter of business of all sessions. Voting at second or subsequent sessions must be confined to the issues voted upon at the first session, including votes to table, amend, etc. Any action to amend or to otherwise dispose of an item at a second or subsequent session requires that said decision be placed on the published agenda of the next meeting of the Council. In case of a tie vote, the Local Executive Council shall vote the issue and their vote shall be the decision of the Council. Items of business not discussed at all sessions shall revert to the next Local Council meeting for final decision.
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%) 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.
4. Notice of Meetings
a. Notice of all regular Local Council meetings shall be given by written notice as far in advance as is practicable and at least five (5) days before the time designated for such meetings, and copies of such notice shall be provided to the International Office and the Master Executive Council President. Such notice shall include the agenda for the meeting. Agenda items may be submitted to the Local Executive Council for Local Council consideration by any member in good standing for inclusion in the published agenda. Such items shall be in writing. Any agenda item may be introduced by a member at a regular Council meeting subject to Paragraph 2.b of this Section.
b. Notice of regular Local Council meetings called to consider nomination of Officers, as provided in Article VIII.C. and recall of Officers as provided in Article IX.C., shall be in receipt of the members not less than fifteen (15) days prior to the date of such meeting.
c. Notice of all special Local Council meetings shall be given as in Subparagraph a. above, except that in an emergency a special meeting may be called verbally or on less than twenty-four (24) hours notice. All notices shall include the business to be brought before such meetings, and no business other than that specified shall be transacted.
5. Attendance and Quorum
a. At regular or special meetings of a Local Council, the active members in good standing who remain in attendance shall constitute a quorum for the transaction of business, except that any special meeting called verbally or on less than twenty-four (24) hours notice, a quorum shall consist of twenty percent (20%) of the active members of that Council.
b. All Local Council and Local Executive Council meetings are open to all active members of the Union and invited guests, provided, however, that the Local Council or Local Executive Council may declare any session to be a closed session and exclude any or all persons who are not duly accredited members of the Local Council or the Local Executive Council.
6. Voting
At all meetings of a Local Council, all questions coming before such Council shall be decided by a majority vote of the Local Council members in attendance and each active Local Council member in good standing shall have one (1) vote.
7. 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.
8. Meeting Records and Minutes
Minutes and record of attendance shall be kept of all meetings, both regular and special; a copy of such minutes and attendance records shall be sent to the International Office within thirty (30) days and such distribution made as the Local Executive Council directs. The International Office may be called upon for secretarial assistance.
9. Petitions
a. Any petition that circulates among members of a Local Council must be clearly marked with its intended purpose. In addition, the petition may be verified for proper identification by request of any member, but must not be surrendered. Signatures, which must be originals, must be verified by the AFA-CWA Membership Department. Any petition submitted for consideration must be original and contain a printed name, an original signature, and the flight attendant’s airline and employee #.
b. No time limit exists for the circulation of any petition. The petition will only be accepted by the Union in one delivery, which must include all signatures to be considered. The International Secretary-Treasurer will accept no additional signatures nor delete any signatures after delivery of the petition.
c. Disregard for the above procedures in the circulation of a petition may subject the petition to review or removal by the International Secretary-Treasurer.
E. Local Executive Councils
1. Jurisdiction and Duties of Local Executive Council
The Local Executive Council is charged with and responsible for the proper management of the affairs and business of the Local Council of which it is a part. All Local Executive Council business shall be conducted in duly called, regularly convened meetings. Said Council may adopt such rules of procedure for the management of its affairs as it may deem proper, and which are consistent with the Constitution and Bylaws.
2. Local Council Committees
The Local Executive Council shall establish such Committees and appoint Committee Chairpersons as may be necessary for proper conduct of Local Council business consistent with Union and Local Council policy.
3. Local Executive Council Meetings
a. General
(1) Regular meetings of the Local Executive Council shall be called at least once each month by the President when practicable.
(2) Special meetings of the Local Executive Council may be called by the President at any time, and shall be called by the President upon the written request of one (1) Local Council Officer, the Master Executive Council, or the International President of the Union.
(3) Any Local Executive Council meeting where the Local Council President is present or designates another member of the Local Executive Council as Acting President and the majority of Local Executive Council members are present shall be considered a regular meeting and any or all business may be transacted.
b. Notice of Meetings
Notice of all regular or special Local Executive Council meetings shall be given in accordance with Section D.4. of this Article.
c. Quorum and Attendance
At all meetings of a Local Executive Council, a majority of the Local Executive Council Officers who remain in attendance shall constitute a quorum for the transaction of business.
d. Decision Making
At all meetings of a Local Executive Council where a consensus cannot be reached, the Local Council President, or per 3.a.(3) above, the designated Acting President, shall make the final decision.
e. Meeting Records and Minutes
Minutes and a record of attendance shall be kept of all meetings, both regular and special, and a copy of such minutes and attendance records shall be retained by the Secretary of the Local Council. Every effort shall be made by the Local Council Secretary to forward all notices and minutes of meetings to the International Office in a timely manner.
4. Bonding
A Local Council, in its judgement, or the International President, may cause its President or whoever may be entrusted with Local Council funds to be bonded. The President, in any event, shall be held accountable for such funds.
5. Compensation and Expenses
There shall be no salary in connection with any office of a Local Council. Ordinary Local Council operating expenses shall be paid by the Union.