GAO EMPLOYEES ORGANIZATION CONSTITUTION Q&A
The Constitution Committee developed this Q&A to address questions members of the bargaining unit may have about the content and development of our union’s constitution. If you have further questions, please contact your IC representative.

QUESTIONS & ANSWERS


GENERAL

1. Why does the union need a constitution?

2. Why isn’t the Constitution more specific on certain matters?

3. How was the Constitution developed?

4. How will the union change once the Constitution is ratified?


MEMBERSHIP

5. What is the difference between union “membership” and “associate membership” and why the distinction?

6. What defines the “bargaining unit” and “non-managerial” and why isn’t the Constitution more specific about their meaning?


ASSEMBLY

7. During the listening sessions, the Constitution Committee had indicated the union was considering two models for the Assembly—a larger model similar to the current Interim Council with delegates elected from each unit and a smaller model with fewer delegates elected at large. How did the IC decide to go with the larger model?

8. Why does the Assembly include diversity delegates?

9. How were the particular diversity seats chosen?

10. Are the diversity seats legal?

11. What happens if GAO restructures?

12. Do communications analysts also get to vote for delegates in their teams?

13. Why is there a Band I seat?

14. In the listening sessions, the Constitution Committee discussed the possibility of providing representation to teams only if they have a minimum number of union members; why wasn’t that included?


OFFICERS

15. Why is the President the chair of the Assembly rather than having the Assembly elect a speaker?

16. The Constitution restricts eligibility to be the Vice President for Field Operations to only employees in the field; is that legal?

17. Why are the officers elected by the membership rather than by the Assembly?


STEWARDS

18. What are stewards?

19. How many stewards will there be?


ELECTION PROCESS

20. Why is there a 3-tiered election process?

21. What is instant run-off voting?


FINANCES

22. Why does the Assembly have to approve expenditures above $500?
1. Why does the union need a constitution?
  The constitution defines the basic structure and function of the union, outlining eligibility for membership, the roles of union officials, and procedures for holding elections and amending the document.
2. Why isn’t the Constitution more specific on certain matters?
  The Constitution is designed to include the necessary components the union will need to function, but not be so specific as to tie the hands of future union officials. Future union assemblies can enact by-laws (i.e. rules regarding the government of union affairs) to further define the union’s operations, through which additional committees and policies may be created.
   
3. How was the Constitution developed?
  Early in its tenure, the Interim Council formed a Constitution Committee, which began meeting in January 2008, and developed a process somewhat like a GAO engagement to research and draft the Constitution. This process included consultation with IFPTE officials, review of other federal agency unions’ constitutions, and a drafting process designed to seek input from the Interim Council at-large and the bargaining unit at various points.
4. How will the union change once the Constitution is ratified?
  Once the Constitution is ratified, the union will have the necessary foundation to begin planning for the election of its first permanent officials, and from then on, key decisions in the union’s operation (such as whether to ratify collective bargaining agreements) will be made only by union members, as opposed to the entire bargaining unit. The work of the Interim Council will be completed once these permanent officials take office. Currently, the union is planning for elections to begin a month after the Constitution is ratified.
5. What is the difference between union “membership” and “associate membership” and why the distinction?
  Union “membership” (i.e. “full” membership) is open only to members of the bargaining unit. Only full members may run for and hold elective office, serve on committees, and vote in union elections and ratification procedures, such as voting whether to ratify a collective bargaining agreement between the union and management. “Associate membership” is open to people who have retired from GAO and other current non-managerial GAO employees who are not in the bargaining unit, such as APSS staff. Associate members will pay a lower dues rate, and may attend general meetings and participate in committees where authorized by the Assembly. They cannot run for office, vote in union elections, or vote whether to ratify agreements with management.
6. What defines the “bargaining unit” and “non-managerial” and why isn’t the Constitution more specific about their meaning?
  The bargaining unit comprises all employees who receive union representation in a given workplace. Currently, GAO’s bargaining unit comprises PDP, Band I, and Band II analysts, including communications analysts, but it could change in the future, based on negotiations with management. The bargaining unit does not include SES members, Band III analysts, attorneys, or APSS staff. Therefore “non-managerial employees not in the bargaining unit” would include some attorneys and APSS staff, but would exclude Band III and SES employees. The Constitution is not more specific about these terms because their meaning could change.
7. During the listening sessions, the Constitution Committee had indicated the union was considering two models for the Assembly—a larger model similar to the current Interim Council with delegates elected from each unit and a smaller model with fewer delegates elected at large. How did the IC decide to go with the larger model?
  After careful consideration and feedback from the bargaining unit, the interim council decided that the larger model would provide better representation of the interests of our union’s various mission teams, field offices, and diverse groups. Having specific delegates for each team and field office better ensures that the Assembly maintains close ties with union members, since it provides each member a specific point of contact in the Assembly, and gives each delegate a defined constituency. Field staff need specific representation, beyond their team’s rep, given their unique issues, such as the potential to face office closure. While having stewards in each office could help ensure such issues would be brought up, having full, voting delegates from the field would better ensure they are addressed.
8. Why does the Assembly include diversity delegates?
  Prior to the formation of the union, these groups of employees sent representatives to the Employee Advisory Council, and the union believed it important that these groups of employees continue to have the opportunity to voice their concerns. The hundreds of votes cast in the election for the Interim Council diversity seats—even those that were unopposed—demonstrated that bargaining unit members strongly supported their existence. The Ivy study on GAO’s performance appraisal system underscored GAO’s diverse employee groups’ concerns about the effects of social prejudice and terms and conditions of the workplace on certain groups.
9. How were the particular diversity seats chosen?
  The initial seats were chosen based on the groups that had been represented on the GAO Employee Advisory Council, but the union also determined that an additional seat for employees age 40 and over was also warranted. All of these groups are protected from workplace discrimination by either federal law or GAO orders.
10. Are the diversity seats legal?
  The Interim Council has received a written legal opinion and assurances from IFPTE lawyers that having diversity seats in the Assembly does not violate federal labor law, so long as eligibility to run for such seats is open to any interested union member. Specifically, federal labor regulations state that a union may not limit eligibility for office to persons of a particular race, color, religion, sex, or national origin, and the Constitution is clear that the diversity seats are not limited in such a manner*.
*See 29 C.F.R. § 452.46
11. What happens if GAO restructures?
  The Constitution is designed to be flexible to account for limited changes in GAO’s structure. For example, since the mission teams and field offices are not specifically named, any changes in their number would not necessitate a constitutional amendment. Were GAO to radically overhaul its structure, the Constitution would need to be amended; however, were such an overhaul to occur, the union would have a clear interest in ensuring that its structure effectively represented the organization, and so amending the Constitution would not be a burden but an important organizational undertaking.
12. Do communications analysts also get to vote for delegates in their teams?
  No. The communications analysts will vote only for a communications analyst delegate (as well as all at-large positions). This is a change from the formation of the Interim Council, during which time this seat was an at-large position. This was done in recognition of the fact that the work of communications analysts differs greatly from that of other analysts, and as such, they should have a seat on the Assembly that is specifically accountable to them.
13. Why is there a Band I seat?
  This seat, which will remain an at-large position, was created to ensure that the unique concerns of Band I (non-PDP) analysts have a voice in the Assembly. At time of the creation of the Interim Council, there was an assumption that most seats, except for PDP, would be filled by Band II analysts, which, with few exceptions did prove to be the case. Band I’s will still be able to vote for their team and unit delegate since, unlike CAs, Band I analyst work is not substantively different from the work of other analysts.

14. In the listening sessions, the Constitution Committee discussed the possibility of providing representation to teams only if they have a minimum number of union members; why wasn’t that included?
  After reviewing feedback from the listening sessions, the Constitution Committee decided it wasn’t needed. Since the Constitution includes the larger Assembly model, the committee decided that limiting membership on the Assembly in this manner did not make sense. Additionally, concerns were raised that if smaller units believed they could not have their own Assembly delegates, it could be disincentive for membership in those offices.
15. Why is the President the chair of the Assembly rather than having the Assembly elect a speaker?
 

In debating this question, we decided that having the President chair the Assembly would be simpler and were concerned that having an Assembly “speaker” could create additional unneeded tension in the body.
16. The Constitution restricts eligibility to be the Vice President for Field Operations to only employees in the field; is that legal?
  Yes. Federal labor regulations specify that while eligibility for general positions such as President, Treasurer, and Secretary must be open to all members, it is reasonable to create an officer position restricted to a unit defined on a geographic basis and to limit eligibility for that position to members of the represented unit*.
*See 29 C.F.R. § 452.43
17. Why are the officers elected by the membership rather than by the Assembly?
  Federal labor regulations specifically require union officers to be directly elected by union members and notes that having the Assembly select the officers would violate the Labor-Management Reporting and Disclosure Act of 1959*.
*29 C.F.R. § 452.26
18. What are stewards?
  Stewards are union officials in every team and field office that serve to advise members of the bargaining unit about their rights and assist employees in addressing adverse actions. While every member of the Assembly will serve as Stewards, the union may seek additional Stewards (who are not members of the Assembly) if needed. Stewards also serve as points of contact for questions or concerns related to the union.
19. How many stewards will there be?
  The Constitution provides that all Delegates shall serve as stewards, so there will be at least a minimum of 35 stewards if all the Assembly seats are filled. If needed, the union can create additional steward positions. These stewards would not also serve on the Assembly—they would be stewards only.
20. Why is there a 3-tiered election process?
 

The Interim Council wanted to give interested members every chance to participate in union governance. Having a multi-tiered election would give a candidate that loses in the officer election an opportunity to still participate by running for an Assembly seat.
21. What is instant run-off voting?
 

Instant run-off voting is a process whereby voters rank candidates when there are more than two candidates running for election. If no candidate receives a majority of 1st preference votes, the candidate with the fewest 1st preference votes is removed from contention and the 2nd preference votes among those that had voted for the removed candidate are then allocated among the remaining candidates still in the running. This process is repeated until a candidate secures a majority of the vote. This process precludes the delay and hassle of holding a separate run-off election round. More information is available here.
22. Why does the Assembly have to approve expenditures above $500?
 

Since we are GAO, financial accountability is important, and the Interim Council wanted this concept to be part of the fabric of the union. The $500 threshold was based on input about anticipated expenditures of the union. We believe it gives the officers the flexibility to spend on behalf of the union for its everyday needs, but includes an appropriate check for larger expenditures. The Assembly, if it chooses, retains the authority to enact by-laws that lower the dollar amount at which Assembly approval would be needed.