BE IT RESOLVED:

That the International Union Constitution is amended by adding a new Section 11 to Article IX thereof to read as follows and re-numbering the subsequent Sections as appropriate:

Section 11. If the dues of members of a local union are collected by the council with which such local is affiliated through a system of central collection on or after July 1. 2000, the dues of members of that local shall continue to be collected in the same manner thereafter. In the case of any subordinate body that is affiliated with a council, whether such subordinate body is chartered or not, which does not pay its per capita tax to the International Union or to such council, as provided in this constitution, for three consecutive months, the International President shall require that, thereafter, the dues of the members of such subordinate body shall be received directly by such council through central collection. Under central collection, when dues are collected by payroll deduction, the full amount of such dues shall be transmitted directly by the employer of such members to the appropriate fiscal officer of such council, or, in the case of any such subordinate body that cannot cause the dues of its members to be paid directly to the council with which it is affiliated or does not collect dues by payroll deduction, the full amount of all dues collected by such subordinate body shall be transmitted to the appropriate fiscal officer of such council within thirty days after the receipt of such dues. As used in this Section, the term "council" shall be deemed to include any local union that is not affiliated with a council, and the term "subordinate body" shall be deemed to include any local union, chapter or similar organization that is affiliated with a council, as defined in this sentence, wheter such subordinate body is chartered or not. All dues received by a council shall, immediately upon receipt, be deposited in a dues trust account. The term "dues trust account" shall have the meaning provided in Section 12 of this Article. Within forty-five days after the receipt of dues paid by members of its affiliated subordinate bodies as provided in this Section, a council shall deduct and remit to the International Secretary-Treasurer all amounts due as International Union per capita tax and shall distribute the remainder of such dues as provided in the constitution of such council; provided, that a council shall be deemed to be in compliance with the requirements of this sentence if it remits the full amount of International Union per capita tax and the distributes the remainder of such dues for any month no later than the fifteenth day after the council has received all dues for such month that are paid by payroll deduction or transmitted in full to the council by its affiliated subordinate bodies. The appropriate fiscal officer of each council shall be responsible for preparing and submitting, on behalf of its affiliated subordinate bodies for which it centrally collects dues, all reports required by this Constitution regarding receipt of dues and the payment of International Union per capita tax. For purposes of this Section, the term "dues" shall be deemed to include all amounts paid as service or other similar payments in lieu of dues under agency shop or similar provisions.

BE IT FURTHER RESOLVED:

That the International Union Constitution, Article IX, is amended by adding a new Section 12 thereto, to read as follows, and renumbering the subsequent sections as appropriate:

Section 12. The term "dues trust account" shall mean an account of a subordinate body into which all dues, including payments in lieu of dues made pursuant to agency shop or similar provisions, and all per capita taxes or similar payments, are deposited upon their receipt by such subordinate body. A dues trust account shall be separate from the subordinate body's general treasury, operating or other accounts. Prior to transferring any funds from its dues trust account to its general treasury or other accounts, all per capita taxes payable to the International Union, to any AFSCME council or to any other affiliated organization, any rebates payable to affiliated subordinate bodies and any funds included in, or deducted and paid to the union with, such dues that are required to be paid to any benefit fund or trust or insurance company shall be paid from the dues trust account.

BE IT FURTHER RESOLVED:

That the International Union Constitution, Article IX, is amended by adding a new Section 13 thereto to read as follows and renumbering the subsequent sections as appropriate:

Section 13. In any case in which a council or local union receives funds from its affiliated local union or other subordinate bodies, or from employers of their members, pursuant to Section 11 of this Article or otherwise, the amounts so received shall be deposited immediately in a dues trust account and the amounts so deposited shall not be withdrawn or otherwise transferred or paid except as provided in this Constitution. In the event that any subordinate body does not maintain or operate its dues trust account as required by this Constitution or fails to make payments from such account in a timely manner as required by this Constitution, the International President shall have the authority to require that a cooperative dues trust be established for such subordinate body, either in addition to or in place of its regular dues trust account. When a cooperative dues trust is established, all funds that would otherwise be required to be deposited in the subordinate body's dues trust account shall first be deposited in the cooperative dues trust account. A cooperative dues trust shall be maintained in an account that requires the signatures of an authorized representative of the subordinate body and a representative of the International Union designated by the International President to transact business on such account. When a cooperative dues trust has been established, no funds may be withdrawn, transferred or paid from such account without the consent of the subordinate body and the International Union. The subordinate body shall be required to continue using a cooperative dues trust until the International President determines that its use is no longer necessary. A subordinate body may appeal to the International Executive Board for termination of the requirement that it use a cooperative dues trust on the ground that it has been continued longer than is necessary; provided, that no such appeal may be made within six months of a prior decision by the International Executive Board regarding the continuation of a cooperative dues trust.

AND BE IT FURTHER RESOLVED:

That Article IX, Section 10 of the International Union Constitution is amended to read as follows:

Section 10. The appropriate fiscal officer of each local union shall, at the end of each month, remit to the International Secretary-Treasurer one-half of any amounts collected by the local as initiation fees and/or reinstatement fees and the per capita tax pursuant to Section 5 and 6 of this Article, except as provided in Section 12 of this Article. Per capita tax shall be paid on the number of individual monthly dues payments received by the local during the month, and an amount equal to the basic minimum per capita tax shall be paid by the local union in the same manner for each person making service or other similar payments to the local union in lieu of dues under agency shop or similar provisions. The appropriate fiscal officer shall certify on the report form that the report is accurate. The appropriate local union officer shall read at a regular local union meeting any communication from the office of the International Secretary-Treasurer regarding the failure of the local to remit its per capita tax or failure to do so promptly and in accordance with the Constitution. Failure of a local union to remit its International per capita tax for any month by the 15th day of the following month shall result in the local's being declared delinquent. Failure of a local union to remit its International per capita tax for any month within sixty days after such local is declared delinquent shall result in the suspension of the local, and the International Secretary-Treasurer shall notify the local of its suspension. The International President may order any local union which remains suspended under this section for more than thirty days disbanded, and all funds and properties of the disbanded local shall be transmitted to the International Secretary-Treasurer in accordance with the provisions of Section 31 of this Article. Any such disbandments shall be reported by the International President to the International Executive Board. In the case of a local union or other subordinate body whose dues are paid to the council with which such local or subordinate body is affiliated, as provided in Section 10 of this Article, the obligations to pay International Union per capita tax and submit reports established by this Section shall be carried out by the appropriate fiscal officer of such council.

AND BE IT FINALLY RESOLVED:

That the current Article IX, Section 22 of the International Union Constitution is amended to read as follows:

Section 22. Local unions shall affiliate and maintain affiliation with the proper council or councils unless, on application to the International Executive Board, permission is granted the local union not to affiliate with a council or to discontinue affiliation with a council. The appropriate fiscal officer of each local union shall, at the end of each month, remit to the appropriate council financial officer the constitutionally established amounts required for the payment of per capita tax to the council with which the local is affiliated, except as provided in Section 12 of this Article. Per capita tax shall be paid on the number of individual monthly dues payments received by the local during the month, and an amount equal to the basic minimum per capita tax shall be paid by the local union in the same manner for each person making service or other similar payments to the local union in lieu of dues under agency shop or similar provisions. The obligation of a local union to pay per capita tax to the council with which such local is affiliated shall be deemed to have been met if the dues of members of such local, including any payments by persons making service or other similar payments in lieu of dues under agency shop or similar provisions, are paid to such council as provided in Section 10 of this Article.

SUBMITTED BY: INTERNATIONAL EXECUTIVE BOARD