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"MG", AAFES VP, illegally removed from office by Executive Board vote
Statement of the case:
Army and Air Force Exchange Service (AAFES) Steward "MG" was appointed by vote of the Executive Board to the vacant office of AAFES VP. Her appointment was voted on at a membership meeting, in accordance with the Local 2586 bylaws. Less than a year later, she was removed by a vote of the Executive Board, without charges being filed, an investigation, opportunity to defend herself, trial, or vote of the membership.
Analysis:
Two sections of the bylaws apply:
First, the AAFES VP shall be elected by members of the bargaining unit they represent.
Second, vacant offices shall be filled by appointment of the Executive Board and voted on at the next membership meeting.
The office of AAFES VP was created in 2001, but nobody ran for the office. The only candidate, "MG", the current AAFES Steward, had not been an AFGE member for the requisite year in order to hold office.
After "MG"'s one-year anniversary passed, she was appointed to the office of AAFES VP by vote of the Executive Board and her appointment voted on at the next regular membership meeting.
In a letter sent by the Local 2586 Executive Board in June 2004, AAFES VP "MG" was notifed that she had been removed from office by vote of the Executive Board. the letter stated that AFGE District Nine NVP Michael C. Kelly had been consulted on the removal, and advised that it was proper.
The letter claimed that she had been appointed illegally since the AAFES VP is elected by vote of members on the bargaining unit they represent, but her appointment was voted on by members of the Appropriated Funds bargaining unit. The letter declared that her removal without charges being filed was therefore proper, since had not been "validly" appointed to the office. But an appointment is an entirely different process than an election, and different rules apply.
It is impossible to control who shows up to membership meetings, and there is no provision in the bylaws which require that an appointment to the office of AAFES VP be voted on only by the membership of that bargaining unit. The bylaws require that an appointment by the Executive Baord of a member to fill a vacant office be voted on at the next membership meeting, which the letter admits was done.
Conclusion:
The removal was illegal, since her appointment complied with the Local 2586 bylaws. As a duly appointed officer of Local 2586, "MG" cannot be removed by a vote of the Executive Board. The removal violates "MG"'s LMRDA rights and is a chargeable offense under the AFGE Constitution.