1985-06 June IBEW Journal.pdf - International Brotherhood of ...

OPEN PERIOD FOR IBEW PER CAPITA REBATE PLAN
FOR FISCAL YEAR 1985-86
In 1981 , .he 100cma" nal Execuove Counc.1 approved a
procedure to enable members :md .agency fcc-payers to request
a refund of that pornon of .helr annual per capllas whIch the
international spends on pohucal and idcological activities that
arc Dot reasonably rcb.cd to the lBEW's collective bargaining
respons.bilities. The open period for requesting a rebate of
dues or fees paId dunng the luly I, 1985-lune 30, 1986, fi scal
year is July I -July 15, 1985. Ii you wIsh to rCglstcr your
objection to these kmds 01 expenditures and to request a rebate
fQr the next fiscal year, YOUT request must be received In the
office of tbe lotematioo.l Secretary, I 125· 15th Street, N.W.,
WashUlgton, D.C. 20005, belw •• " luiy 1 tJDd luly IS. 1985.
During the year. your request will be kept on Alc and your
wtll be deposited 10 dn toterest-beanng c.,crow
per cap .ta ~
account You wll1 receive your rehate, with mlcrc t, 10 November,
1986. after the close of the 1985-86 fi scal yea r.
No spt..""ClaJ Form is reqmred to register your o bJectIon.
However, If you request a rebate, please include your full
oame. your mailing addres,. the local union /0 IVluch you
pay dues or fees. and your card number (if known). In addition,
if you move dunng the year, please advise the International
~crCtary l to make sure you can be IOCtltcd when Lin! Ichine
checks arc mailed.
The lUEW per caplla rehote plan, '5 approved by Ihe IEC, IS
.. follow :
PER CAPITA TAX REBATE PROCEDURE
I Any member of the lllEW, and any nonmember who pay'
agency sbop fees pursuant toa collective ba.rgalntng agrecmenl,
sha ll ha ve the ught to oblect to expenditure. of hjs or her per
capll' t3)( by the lBEW for pohue.l and IdeologIcal purposes
not reasonably related to collective bargaimng. A member or
nonmember who pc'rfCCtS rus or her objection pursuant to the
procedures set forth below shall be enotled to a rebal" of that
proportion of per capita taX paid to the lBEW whIch I .lIocated
(or such purposes.
2. ExpendItures for poh uea! and Ideologteal purposes not
reasonably related to collective borg.,OIng mclude any m.de-
1.1 to or 00 behalf of candIdates for pollUcal office, or pohtlcal
partlcs or orgamzatlons;
Ibl to suppOrt actlviti. directed at innuenclng legi$latlon
which IS not reasonably related to tenns and conditions
of employment of those represented by the lBEW, and
Icl to or on behaU 01 ideological, chantable or rehglous
3CtlVlti CS or causes nOt reasonably related to coUcctJ\'c
bargaining.
.3 ObJections must be nude 3nnually, In WIlling, addrcssed
to the Imcruauonal Secretary II.S.I at the International OrA ce.
112S-15th Slte"t, N.W., WasblllgtOn, D.C.lOooS. Oblcctions
mU SI be reccived between July I and luly I ~ of each year.
Obleclions recClved dunng that period shall be eficc tivc only
for expendlturcs made durms lhat Ii cal year, July I lO lune
30.
4. By November I of each year, the I. . sh.1I calcula.e the
rcbntable share of per capita tax for the preceding fiscal yeaT
as follows The 1.5 shall determine the .otal operatmg expenditure
made by the lBEW for all purposes durUlg tbat fiscal
year and the total expenditures made for rcb:uablc actlVltlCS
The I W11l then calcu!.tc the ratio of rebauble expcndllures
to total expenditures, That rallo will COnStItu te! the rcbat.Jblc
s,harc of pel capna tax owed to an obJcctor for tha t year
The 1.5 WIIJ then rebate rhC' appropnatc amount to each
obleCto. who has perlected b,S Or her objection. along with an
cxplanauon of how the dmounl was determined The rebate
check and explanation WIll be sent by reglstCfed or ccruA cd
mati
5. An objector who liJs..:Jgn ..'c!J. '''Ilh rhe: proportional allocatlon
madc by rhe 1.5., In the belJef that It docs !lot !l CCU l'otcly
rencct the expenditures of the lllEW III the are.s deBned as
rCbat3bl c, may appeaJ to the InternatIOnal Executive Council
Ithe IEC). Tbe appeal must be made to ,vnting and must be
tecelvcd In tbe office of the 1.5 witlun 21 days of receIpt of
the rebate check. The u:C shall conSIder and decide the appeal
at ItS first regular meeting after receipt of the appeal Tbe IEC
.hall nOllfy the objector in wnung of its deci ion and its
Icasons IherdoT, by regIste red or ccruficd mall.
6. An obJector who dlsagrces with the dClermmol1on of lhc
IEC mal' appeal to an Independent Umplte appototed to
accordance Wlth par.gtapb 7. The appeal must be made m
wnung and muSt be received In the office of the 1.5 wlthm
21 days of the date on whicb tbe objec tor recctVes tbe LEe's
deCISion. The Independent Umpuc shall have tbe nuthonty to
review the 1.5. 's dcccrmin3lton 3S to the rebatablc proportion
of the objector's per capita t.x. The Umplte's decI Ion shall
he in wnting and sball be Issued wlll"n a reasonable Ume.
DeCISIOns of the Umpire shall be final.
7. The lndepende", Umplte shaU be appototed by the International
President, with the approva l oj the LEC, and shall
be a person who is I10t otherwise associated With the ISEW or
any of it ,Iiflliates. The COSt of the Umpire's servi ces and
co",s of any proceedings befole tbe UmplCe shall be borne by
the lBEW. indiVIdually ,"curred coSts shall be btlrne by the
party IOCl1mng them.
S ObleCtion to rebatoble expenditures made by lite local
umon [0 which a member pays dues, or to which it nonmember
pays agency fees, must be m ade ducctly to the appropnate
local UllJon. Each local ulllon .hall estabhsh procedwes wbereby
oblectlons may be made, hall dctenntne the rcb"able proportion
of its expenditures for each year for which dn oblection
IS properly filed, and shall makc a/JOual rebates, w.th wnncn
cxplao:HlOos of how me amOllnt was determll1ed, 111 response
to properly filed objections
An oblector wbo dJsagrccs Wllh the proportional reb". made
by htsor herlocal union. '" the beltcf th.t 11 does not accurately
rene t the local uruon's expt!ndltUfcs In arca~ defined as
" ,hatahle, may appeal LO the I~ ., and then to the Independent
Umpire, according to the procedures set fort h 10 p:u:tgntphs
5- 7 Jbovc.
16 IBEW JOURNAL JUNE '985