To provide that the national dues of members in any merged local affiliate with 20,000 members or more in the membership year prior to the merger shall be determined on a comparative membership basis as provided under Bylaw 2-7m(1) rather than with the 50/50 split required under Bylaw 2-7m(2).

BYLAW 2-7(m) Membership Dues

m. (1) Except as otherwise provided in Bylaw 2-7m(2) with regard to members of certain dual-national local affiliates, or in Bylaw 8-11c with regard to persons eligible for Active membership in the Association pursuant to Bylaw 2-1b(iv), members of a dual-national state affiliate shall maintain membership in the Association and the American Federation of Teachers where eligible, and the total combined national dues that such members pay shall be not less than the Association dues for members in the relevant membership category. If a member of a dual-national state affiliate is a member of the Association and the American Federation of Teachers, said member’s total combined national dues shall be allocated between the two organizations in a manner that reflects the comparative number of members in the relevant membership category who were eligible for Association membership in the respective Association and American Federation of Teachers state affiliates during the membership year immediately preceding the date on which the dual-national state affiliate came into existence as a legal entity (hereinafter “allocation percentage”), provided (a) if, during any of the first five (5) membership years following the affiliation of a dual-national state affiliate, the number of such members exceeds by more than three percent (3%) the number of such members during the immediately preceding membership year, each organization shall receive fifty percent (50%) of the total combined national dues of such excess members; (b) beginning with the sixth membership year following the affiliation of a dual-national state affiliate, if the number of such members during any membership year exceeds the number of such members during the immediately preceding membership year, each organization shall receive fifty percent (50%) of the total combined national dues of such excess members; and (c) the Association shall not receive pursuant to Section 2-7m(1)(a) or 2-7m(1)(b) above, more from any such member than the allocation percentage, or fifty percent (50%), whichever is appropriate as applied to Association dues for the relevant membership category. If the member is a member of the Association but is not eligible for membership in the American Federation of Teachers, the Association shall receive the full amount of said member’s total combined national dues.

(2) If a member of a dual-national local affiliate (a) that is in a state that does not have a dual-national state affiliate, or (b) that is in a state that has a dual-national state affiliate but is newly created and did not result from the merger of an Association local affiliate and an American Federation of Teachers local affiliate, is a member of the Association and the American Federation of Teachers, each organization shall receive fifty percent (50%) of said member’s total combined national dues, provided that the Association shall not receive more than fifty percent (50%) of the Association dues for the relevant membership category. If the member is a member of the Association but is not eligible for membership in the American Federation of Teachers, the Association shall receive the full amount of said member’s total combined national dues.

Provided that the national dues of members in any merged local affiliate with 20,000 members or more in the membership year prior to the merger shall be determined in accordance with Bylaw 2-7m(1), not Bylaw 2-7m(2).

Impact Statement

The purpose of this NEA Bylaw amendment is to effectuate the February 2016 vote of the members of United Teachers of Los Angeles (UTLA) to become a single unified dual national affiliate of the NEA and the AFT. If adopted, the amendment would mean that NEA would continue to receive NEA dues from UTLA members on a comparative membership basis rather than the 50/50 split that Bylaw 2-7m(2) requires.

In 2015-16, UTLA had 31,268 members, 23,781 of whom were also members of CTA/NEA and 7,487 of whom were members of CFT/AFT. NEA is projected to receive approximately $4.1 million in dues from UTLA/CTA/NEA members in 2015-16. If dues were split 50/50 as Bylaw 2-7m(2) requires, NEA would receive approximately $1.3 million less annually from UTLA after the merger. The proposed Bylaw amendment, if adopted, would prevent that loss of dues revenue by specifying that the national dues of members in any merged local affiliate with 20,000 members or more in the membership year prior to the merger shall be determined in accordance with Bylaw 2-7m(1), not Bylaw 2-7m(2).

The proposed Bylaw amendment would modify Bylaw 2-7m, which now provides that national NEA dues for merged locals are established in one manner in non-merged states, and in another manner in merged states. Specifically, NEA Bylaw 2-7m(1) provides that national NEA dues for members in merged state affiliates may be no lower than NEA dues in the relevant membership category and that such dues are to be split between AFT and NEA based on the “comparative number of members in the relevant membership category who were eligible for Association membership” in AFT or NEA the year prior to the merger. In contrast, NEA Bylaw 2-7m(2) provides that national NEA dues for members of merged local affiliates in states that have not merged are to be split 50/50 between NEA and AFT. This language is a result of the historical pattern in which mergers took place between AFT and NEA locals of relatively equal size.

NEA currently has no merged locals with 20,000 or more members in non-merged state affiliates. That will change as of September 1, 2016 when UTLA officially merges to become a single unified dual national affiliate of the NEA and the AFT. UTLA members voted to approve the merger this past February with 82% voting in favor. As a result of that vote, for the first time UTLA will be a single local union in which all members are members of NEA/CTA and AFT/CFT.

Prior to the merger, UTLA functioned under a tripartite governance arrangement, in which members chose whether to join NEA/CTA or AFT/CFT, and based on that choice, operated under different local union bylaws and representation structures. The tripartite arrangement was put in place in 1969 on the understanding that it would be a temporary arrangement, which would be superseded quickly by the full merger of UTLA’s state and national affiliates. When that did not occur, UTLA carried on under its tripartite structure for decades. The UTLA member vote ends that governance arrangement and replaces it with a single unified local in which all members are members of CTA/NEA and CFT/AFT.

The merger approved by UTLA members proceeded on the understanding that the national dues of the merged local would be allocated on the basis of the comparative membership of UTLA members in NEA or AFT at the time of the merger, rather than a 50/50 split. To effectuate that understanding, the proposed Bylaw amendment would specify that the NEA dues for members in any merged local affiliate with 20,000 members or more in the membership year prior to the merger, shall be determined in accordance with NEA Bylaw 2-7m(1), not Bylaw 2-7m(2).

Because UTLA is our only local with 20,000 or more members in a non-merged state affiliate, it is the only local that would be impacted at this time if the proposed Bylaw amendment were adopted. Should other local unions grow to that size (20,000 or more members) and merge, the NEA national dues of those locals would be set in the same manner – allocated on a comparative basis based on membership in the year prior to the merger.

Submitted By

Contact

Eric Heins, CA

Share on FacebookTweet about this on TwitterPin on PinterestEmail this to someonePrint this page