AFBU By-Laws

ARTICLE 1: JURISDICTION AND PURPOSE

Section 1: Name

The name of this labor organization is Asheville Food & Beverage United. In this document, “AFBU” and “the Union” refer to Asheville Food & Beverage United.

Section 2: By-Laws

This document is the official by-laws of Asheville Food & Beverage United.

Section 3: Jurisdiction

Asheville Food & Beverage United is a regional union of restaurant and food service workers and a chapter of the national organization, Restaurant Workers United.

AFBU’s jurisdiction includes:

● all workers engaged in the preparation, handling, or serving of food and beverages in full-service restaurants; limited-service eating places; special food services, such as food service contractors, caterers, and mobile food services; and drinking places;

● other workers when the strength of a bargaining position requires their

organization; and

● any other worker employed in any other service industry or establishment when their organization is in the best interests of the Union.

• If you have hiring or firing power in your workplace potentially covered by AFBU, you may not participate or join AFBU

Section 4: Purpose

The purpose of AFBU is to advance the economic, social, and political interests of its members, their dependents, unorganized workers in its jurisdiction, customers, and the working class as a whole. To this end, AFBU aims to:

● unite all workers within the restaurant industry, regardless of race, religion, creed,

color, national origin, sex, age, disability, marital status, sexual preference or

orientation, gender identification, or citizenship status;

● improve the pay and working conditions of these workers;

● establish and maintain collective bargaining throughout the industry;

● present and settle grievances against employers through any means necessary,

including action like strikes and boycotts;

● assist other labor organizations in organizing workers in other industries and any

other activities that strengthen the labor movement as a whole;

● promote safe and healthy food service to the consuming public;

● seek the improvement of general economic, social, and political conditions and

standards of workers in the United States and generally in other nations; and 

● ensure a fair, equitable, and democratic union led by its members.

● participate in electoral politics

ARTICLE 2: MEMBERSHIP, DUES, AND DISCIPLINE

Section 1: Eligibility

All workers employed in the industries in the jurisdiction of AFBU are eligible for membership. Workers who are temporarily unemployed or were formerly employed in these industries are also eligible. The Steering Committee shall determine the eligibility of an individual worker when necessary.

Section 2: Definition

Workers belonging to AFBU have the status of Working Members or Industry Members.

● Working Member status is open to any worker who is actively represented under a collective bargaining agreement negotiated between AFBU and that worker’s employer.

● Industry Member status is open to any worker that is not currently represented under such a collective bargaining agreement. Members can be considered Industry if they’ve been working in the service industry within the last 4 years. 

Section 3: Dues

AFBU Members must pay dues to remain in good standing.

● Working Member dues shall be at least $25 per month

● Industry Member dues shall be at least $10 per month

The Steering Committee may authorize a lower rate for unique positions such as interns, students, and part-time workers. The Steering Committee may also approve dues waivers

for members who are suffering from severe hardship. Members may voluntarily pay a higher rate according to a progressive scale suggested by the Steering Committee. All amendments to the amount of dues must be approved by a ⅔ majority of voting general Membership.

Section 4: Rights

All Working and Industry Members in good standing may attend membership meetings and participate in deliberations and votes at those meetings. They also have the right to vote in elections for AFBU officers, participate in other Union business, and nominate and be nominated for the Steering Committee as well as suggest and serve on committee.

All Members in good standing within a bargaining unit have the right, by majority vote to:

● Elect shop stewards for their section of the bargaining unit;

● Elect bargaining committee members for negotiations with management;

● Ratify or reject tentative agreements; and

● Authorize strikes and other workplace actions.

Section 5: Discipline

Members may be disciplined and/or expelled for behavior deemed unacceptable by the Steering Committee or a designated committee. Charges shall be written and specific.

Members shall have a reasonable amount of time to prepare a defense and shall be granted a full and fair hearing. Discipline may include but is not limited to suspension and expulsion. Discipline shall not include fines. Expulsion and/or active suspension precludes a dues-paying member from being in good standing for membership purposes. Unacceptable behavior includes, but is not limited to, the following:

Violation of the By-Laws;

● mishandling, misappropriating, or otherwise misusing AFBU funds or property;

● sexual harassment or assault;

● physical violence or assault of another member, or the explicit threat thereof;

● failure to pay dues;

● working for an employer who is being boycotted or otherwise subject to a labor

action by AFBU without AFBU’s Steering Committee’s permission

● demonstration of discrimination toward another AFBU member based on their

race, ethnicity, national origin, age, physical ability, sex, gender identity and

expression, sexual orientation, religion, or other status that is an inappropriate

ground for disparate treatment.

● Representing or speaking for AFBU, as a whole, publicly without the expressive approval of the Steering Committee.

ARTICLE 3: MEETINGS

Section 1: Procedure

Any question concerning parliamentary procedure at meetings shall be determined by reference to Robert’s Rules of Order, latest edition. Meetings may be conducted via

video conferences.

Section 2: Steering Committee Meetings

Steering Committee meetings shall be held regularly and are open to Steering Committee officers, unless the Steering Committee votes to allow a guest or speaker. Members may suggest topics for discussion up to 2 days before. 

Section 3: Bi-Monthly General Membership Meeting

General membership meetings shall take place at least once every 2 months. General membership meetings are open to all dues-paying members of AFBU. Meeting may be virtual as needed. Quorum shall be set at 15% of total voting membership.

Section 5: Special Meetings.

The Steering Committee may call special meetings with forty-eight (48) hours notice for the membership to discuss emergency or time-sensitive matters. In order to call a

special meeting, twenty percent (20%) of dues-paying members may also petition the Steering Committee, after which the special meeting shall be scheduled within forty-eight

(48) hours of receipt of the petition. Knowledge of any special meeting to take place must be made publicly, widely, and easily available to the general membership.

ARTICLE 4: Steering Committee

Section 1: Powers

The Steering Committee exists to serve the members of the union. The Steering Committee shall have control of and be responsible for the management of the affairs and property

of the Union, including but not limited to:

● disbursing Union funds in the interest of the Union and its membership. Any and

all disbursements will be appropriately documented.

● authorizing bargaining demands and strikes in coordination with bargaining unit

members.

● reviewing Tentative Agreements to ensure that they are in accordance with the

mission, purpose, and values of AFBU. Thereafter, the Tentative Agreement will

either be sent to the bargaining unit membership for a ratification vote or returned

to the bargaining team for amendment.

● nominating representatives to labor boards and organizations.

The number of Steering Committee officers shall be at least four (4), filling at least one of these roles each including:

• Chair(s)

• Secretary

• Treasurer

• At-Large

All union officers shall be elected directly by voting general members. Chair(s) or Treasurer shall sign all checks. The Steering Committee may authorize another member to sign checks in place of the Chair(s) and Treasurer by granting bank account access.

Section 3: Tenure

Steering Committee Member terms shall last one (1) year.

Section 4: Qualifications

Each officer of the Steering Committee shall be a dues-paying Working or Industry member of the Union who supports the purpose statement outlined in these Bylaws and is in good-standing with the Union.

Section 5: Resignation and Vacancies

Any Steering Committee officer may resign by filing a written resignation with the rest of the Steering Committee. Whenever any vacancy occurs in the Steering Committee, a special

election will be held within 60 days. A care-taker may be appointed by the SC until this election occurs.

Section 6: Meetings

The Steering Committee shall meet regularly. A quorum for a meeting of the Steering Committee shall consist of at least fifty percent (50% + 1 member) of the Steering Committee officers. All issues to be voted on by the Steering Committee shall be decided by a simple majority of those voting, unless otherwise specified. Participation may be virtual.

Section 7: Removal and Recall

The Steering Committee may, at any time, vote to remove a Steering Committee officer for failure to fulfill responsibilities by a two-thirds (2⁄3) vote of all officers. All officers must

receive written notice of the proposed removal at least fifteen (15) calendar days in advance of the proposed vote to remove. The officer may appeal the decision to the general membership, who may vote to reinstate the officer by a three-quarter (3⁄4) vote of all voting members.

Steering Committee officers may also be removed by vote of two-thirds (2⁄3) of the voting general dues-paying membership. If twenty percent (20%) of the general membership

requests the removal of an officer, an Election Committee shall be convened to determine the process. The officer in question cannot serve on the Election Committee.

The officer must receive written notice of the proposed removal at least fifteen (15) calendar days in advance of the vote to remove. The officer shall have the right to

publicly defend themselves before the vote.

Section 8: Committees

The Steering Committee shall have the power to create ad hoc or issue committees as needed. 

ARTICLE 5: ELECTIONS

Section 1: Eligibility

All Working and Industry Members in good standing as of the time the nomination window closes shall have the right to vote, by secret ballot, for the candidate(s) of their

choosing, in an election procedure that is fair and legitimate.

Section 2: Election Committee

An Election Committee consisting of at least two (2) Steering Committee and/or general members in good standing, appointed by the Steering Committee, will be established to

oversee each election and tally votes. Election Committee members must not be seeking election while serving on the committee.

Section 3: Nominations

Every Working and Industry Member has the right to nominate candidates, self-nominate, and/or be nominated as a candidate during the nomination period announced by the Election Committee, unless the Election Committee finds earlier deadlines should be imposed to ensure the fairness of the election. Dues-paying members will be given timely and adequate notice of that right and the procedures required for such a nomination, but in no case less than fourteen (14) calendar days’ notice of that deadline to nominate or be nominated as candidate. To nominate or be nominated, members must contact the Election Committee as provided for in the Nominations notice.

Section 4: Preparation

The Election Committee will be provided at least seven (7) calendar days to confirm nominations, prepare ballots, and otherwise prepare.

Section 5: Campaigning

At least fifteen (15) calendar days before the election, the Election Committee will make public the names and statements of all candidates on the ballot. At least one (1) general

membership call or forum will be held in order for members to evaluate candidates.

Section 6: Notice

At least fifteen (15) calendar days prior to the date of the election, the Election

Committee will email notices of the pending election to all members.

Section 7: Election

Elections will be held by secret ballot for a period of at least one (1) week. All members and officers of the Steering Committee must be approved by a majority vote of the working and industry members using ranked-choice voting. Should an elected official be suspended or step down, the Steering Committee may appoint a person as interim to the role until the next general meeting at which a vote will be held. 

Section 8: Results

Results will be published as soon as possible, but in no case later than forty-eight (48) hours after the close of each election.

Section 9: Appeal

Members shall have the right to challenge election results or appeal the conduct of elections. If members have concerns about the election process, vote count, and other general issues, members must contact the Election Committee within ten (10) calendar days. The Election Committee will review all relevant documentation and issue a finding within fifteen (15) calendar days.

ARTICLE 7: FINANCES AND RECORDS

Section 1: Books

The Union shall keep complete books and records of account and minutes of the proceedings of the Steering Committee, which shall be accessible to members upon request.

Section 2: Disbursement

The Steering Committee shall have the authority to disburse Union funds in the interest of the Union and its membership. Any and all disbursements shall be appropriately documented. An officer of the Steering Committee shall sign all checks, unless the Steering Committee authorizes another member to do so by granting bank account access. Amounts over $500 shall be signed by 2 SC members or if debit card purchase, approved by 2 SC members.

Section 3: Transparency

The Treasurer shall disseminate a report to the membership at every membership meeting providing an overview of the Union’s current finances and expenditures.

Section 4: Dissolution

In the event of a dissolution of AFBU, the Union’s funds shall be donated to a 501(c)(3) charity as determined by the Steering Committee.

ARTICLE 8: AMENDMENTS

Section 1: Dues

This amendment process shall not apply to amendments to the amount of dues. All amendments to the amount of dues must be approved by a majority (⅔ or 66.6% vote) of voting general membership.

Section 2: Notice of Proposed Amendments 

Any members collectively co-sponsoring an amendment to the by-laws must submit such draft amendments to the Steering Committee at least twenty-one (21) days in advance of a scheduled General Meeting. All amendments must have at-least 5 co-sponsors. The Steering Committee or an ad-hoc body appointed by the Steering Committee shall review any such amendments and ensure that the discussion and vote upon such amendments are listed on the agenda of the General Meeting. The agenda is provided to the membership fourteen (14) days in advance of the meeting, which will serve to notify the membership that bylaws amendments have been submitted for consideration. 

Section 3: Vote

These bylaws may be amended, repealed, or altered in whole or in part by a vote of general membership. By-Law Change votes will be discussed at a General Meeting. A 72-hour online vote will be available to all members who will be sent an online ballot by the Election committee. A quorum (15%) of voting members must vote in the election to make the change valid.

Section 4: Notification of Changes in Bylaws 

AFBU members must be notified within twenty-one (21) days of any changes to these bylaws. This may be done by emailing of meeting minutes or by emailing of revised bylaws, or by contacting members by other means as requested.

Article 9:

Upon consensus vote of the organizing committee, these by-laws shall be in effect. Organizing Committee vote and approval occurred: 9/28/23