ATTENTION:
CSEA Chapter 76 members:
This document was reviewed by CSEA Executive Boards, including the
current one. I was asked to review the document and prepare it to submit to the
membership for review, discussion, and approval by vote.
The most significant changes the reviewers suggested are:
·
Expanding the Executive Board
to include elected Site Reps.
SEE pp. 7, 14-16.
·
Election process for EBoard
Officers by absentee ballot. SEE pp. 8
·
Defining Past President’s role
with EBoard. SEE p. 10
·
Adding a 2nd Vice
President position to EBoard. SEE p. 11-12
·
Adding July and August chapter
meetings at discretion of President. SEE p. 17
·
Reducing the number of members
present to 7 in order to conduct chapter business at meeting. SEE p. 18
·
Negotiating Team appointment
and procedures. SEE p. 19
·
Job Stewards’ terms of office
SEE p. 22
When you read and think about this, please NOTE THE FOLLOWING:
·
I have left in the changes and
additions (underlined) as I
received them,.
·
Any suggested additions,
changes, or reorganizations of text that I made are underlined
also, but with my initials, (MS) in a comment box off to the side. Any
questions I had are also in these boxes. [ms1]
This document is being presented to the membership twice, as
required by our Constitution: once for review at this meeting, and then again
(in a version incorporating any additional changes) for final vote by secret
ballot. PLEASE read thoroughly, discuss with your colleagues, and submit your
comments and additions/changes to me.
Respectfully submitted, Maria Shufeldt, Learning Center, Ext. 5335, shufeldt@glendale.edu
CONSTITUTION OF
Glendale
Community College Chapter No. 76, CSEA
Adopted __________________, ______
Latest
Revision February 1, 2005
This Constitution is the local operating
document for this Chapter as formulated under Article III, Section 8 of the
State Association Constitution.
Where used throughout this document, "State
Association" or "Association" means the California School
Employees Association, the statewide governing body for this organization;
"organization" and "chapter" are interchangeable and mean
Glendale Community College Chapter No. 76, CSEA.
ARTICLE III - DUES and ASSESSMENTS
ARTICLE IV - OFFICERS & EXECUTIVE BOARD / ELECTION
PROCEDURES
ARTICLE V - AUTHORITY OF EXECUTIVE BOARD / DUTIES OF
OFFICERS
ARTICLE VII - CONTROL OF FUNDS / BUDGET
ARTICLE X - SITE REPRESENTATIVES
ARTICLE XI - RECALL OR REMOVAL FROM OFFICE
ARTICLE XII - DELEGATES TO CONFERENCE
ARTICLE XIII - CONTRACT RATIFICATION
ARTICLE XIV - CONCERTED ACTIVITIES
ARTICLE XV - AMENDMENTS TO CONSTITUTION
ARTICLE XVI - DISBANDMENT OF CHAPTER
ARTICLE XVII - PARLIAMENTARY AUTHORITY
ARTICLE XVIII - MEMBER CONTROL
Section 1. Name: The name of this organization shall be
Glendale Community College chapter No. 76 of the California School Employees
Association.
Section 2. Objects: The objects of this organization shall be:
to promote the good and welfare of the members of this organization under the
available labor relations system; to secure for them reasonable hours, fair
wages and improved working conditions; to establish a spirit of cooperation,
good faith and fair dealings with the employer; to safeguard, advance and
promote the principle of free collective bargaining in a democratic society; to
promote such legislation as may be in the best interests of the members of this
organization; to promote the efficiency and raise the standards of service of
its members and other public service workers; to instill confidence, good will
and understanding among the members and their employers; to promote the
economic and social welfare of the members of the Association through unity of
action and mutual cooperation.
Section 1. Categories
of membership in this chapter shall include the following:
(a) Active: "Active" membership, which carries with it the
privilege of full participation in Chapter activities, including the right to
vote and to hold elected or appointed offices, shall be extended to any person
employed in a bargaining unit represented by this Chapter, without regard to
race, creed, color, national origin, sex, age, sexual orientation or political
belief. "Active" membership
status shall cease at such time as the member becomes eligible for any other
category of membership defined herein, except as follows:
(1) "Active"
members who are laid off may continue in "Active" status until
expiration of their 39-month reemployment period or until reemployed, whichever
comes first, upon continued payment of the established dues in effect at the
time of layoff.
(2) "Active"
members who are appealing an involuntary termination action by the employer may
continue in "Active" status until the appeal(s) process has been
terminated and the status of their employment has been finally decided, upon
continued payment of the established dues in effect at the time of the
involuntary termination.
(3) Nothing
herein shall be construed to require continued "Active" status
of members under paragraphs (1) and (2) above for the purpose of continued CSEA
representation regarding their employment/reemployment rights. However, retention of "Active"
status shall be required for such employees to continue to be eligible
to hold appointed or elective offices within the State Association and Chapter
and to have voice and vote and otherwise participate in Chapter and State
Association affairs.
(4) "Active"
members of this Chapter must also be "Active" members of the State
Association as defined in the State Association's Constitution.
(b) Inactive: Any "Active" member of this
Chapter who (1) is granted an unpaid leave of absence by the employer, or (2)
is placed on a reemployment list for reasons other than layoff and is
not otherwise in a paid status with the employer, or (3) is laid off and elects
not to continue as an "Active" member under provisions of
paragraph (a)(1) above, may continue membership in an "Inactive"
status until expiration of the approved leave of absence or reemployment list,
or until returned to paid employment status in an eligible position [as defined
by paragraph (a) above], whichever occurs first, upon continued payment of dues
at 1/2 the rate required of them as an "Active" member at the time
the leave or placement on the reemployment list occurred. Such dues shall be paid annually in advance,
or for the number of months of the approved leave if less than one year. Such members shall be eligible to continue
to receive such membership benefits as are generally made available to the
"Active" membership, unless specifically excluded by contract. They shall not, however, be accorded voice
or vote in Chapter or State Association affairs.
(c) Active Retired: Any person who was a[ms2]
member of the Chapter at the time of retirement and who also maintains a
Retired Membership in good standing with the State Association may
continue as an "Active" member of this Chapter upon payment of the
regular Chapter dues required of "Active" members. Such dues shall be paid annually in advance
or monthly in advance direct to the Chapter Treasurer. Such members shall be entitled to continued
full participation in Chapter affairs, including the right to vote, with the
exception of the right to vote in contract ratification and concerted
activities matters.
Should such member cease to be a Retired Member
in good standing of the State Association, his/her Chapter membership shall
automatically terminate.
Active retired members may hold chapter offices except for President, 1st
Vice President, and 2nd Vice President.
Section 2. "Active"
membership shall be effective upon the completion, dating, and signing of
an official CSEA application form as provided by the State Association, and
execution of a valid authorization for payroll deduction of dues or payment of
at least one year's dues in advance.
The application shall be promptly countersigned by the Chapter Treasurer
who shall immediately forward the approved application, together with advance
dues received if any, to the State Association, and submit payroll deduction
authorizations to the appropriate district office.
Section 3. Membership "In Good Standing"
(a) Membership "in good standing"
shall be effective and shall continue upon receipt of the required dues for the
current month. For purposes of
establishing voting rights and eligibility to hold an elected or appointed
office, "Active" members whose dues are paid via payroll deduction
shall not be deemed to be "in good standing" until the first of the
month following the month in which the first dues are deducted, unless s/he
pays dues in cash for the interim period.
(b) Membership
shall terminate with:
(1) The
effective date of layoff for members who are laid off and who choose not to
continue in either an "Active" or "Inactive" status under
provisions of Sections 1(a)(1) or 1(b) above.
(2) The
effective date of an unpaid leave of absence or placement on a reemployment
list for reasons other than layoff, for such members who choose not to continue
in an "Inactive" status under provisions of Section 1(b) above.
(3) The
date of termination of their 39-month reemployment rights or approved leave of
absence for members who have continued in an "Active" or
"Inactive" status, if such members have not been returned to active
employment.
(4) The
date of execution of a document terminating payroll deduction of dues, unless
arrangements have been made with the Chapter Treasurer for advance cash
payment.
(5) The
effective date of removal from the bargaining unit, or voluntary termination of
employment.
(6) The
effective date of involuntary termination of employment, unless the member is
eligible to continue and elects to retain "Active" status as
permitted under provisions of Section 1(a)(2) above.
(7) Actions pursuant to Sections 5 or 6 below.
Section 4. Fair Share Service Fee Payers:
Employees
obligated to pay either dues or fair share service fees to CSEA pursuant to
organizational security provisions in the collective bargaining agreement and
who choose not to be "Active" members of this Chapter shall be
carried on the Chapter rolls as "Fair Share Service Fee Payers". Such persons shall pay fair share service
fees in an amount equal to the dues required of "Active" members of
the Chapter (less any local Chapter fees unless collection of local Chapter
fees has been approved by the State Association) subject to annual requests for
advance refunds of the portion of fair share service fees that CSEA determines
will be used for purposes not related to collective bargaining, in accordance
with the policies of the State Association.
"Fair
Share Service Fee Payers" shall be entitled to full rights of
representation in all matters related to their collective bargaining
agreement. They shall not, however,
have the right of voice, vote, or other participation in Chapter or State
Association affairs, unless otherwise provided herein or required by law.
Section 5. Delinquency & Resignation:
(a) Members who
no longer wish to retain that status may resign CSEA membership by written
notification to the Chapter Treasurer.
They shall become "Fair Share Service Fee Payers" subject to
the same fair share service fees and rights, benefits and burdens as provided
under Section 4 of this Article.
(b) Any member
failing to pay all dues owed for the current month shall be deemed delinquent
and shall not be considered to be "in good standing" until such
delinquency has been remitted. Any
member allowing his/her arrearages for dues to run over 90 days shall be
conclusively presumed to have resigned his/her membership effective on said
date and if applicable shall be subject to paragraph (a) above and such action
as may be provided under the collective bargaining agreement, unless the
Treasurer is notified 30 days prior thereto that the member has not resigned
and arrangements for payment of arrearages are made.
(c) Members who have resigned shall, upon
reapplication, be admitted as new
members.
Section 6. Expulsion,
Suspension, Discipline:
(a) No member may
be involuntarily removed from the membership rolls except as provided for in
Sections 3 and 5 above, or in accordance with the procedures for expulsion,
suspension and discipline of members as specified in the State Association
Constitution.
(b) All matters
for proposed disciplinary action against members shall be referred to the State
Association for action, except that members may be recalled from office in
accordance with provisions of Article XI of this Constitution.
Section 1. State
Association Per Capita Dues
(a) Per capita dues to the Association for
Active members shall be assessed at the rate of 1.5% of the first $2,450 of
monthly gross salary (excluding overtime,
but including longevity, professional
growth and anniversary increments), but not to exceed a maximum of $367.50 for
the 12-month period commencing each September 1st and continuing through the
following August 31st. Said dues shall
be payable by payroll deduction or annually in advance direct to the
Association.
(1) Payroll deduction shall commence in
September of each year and continue through the following August for each month
the member is in a paid status, or until the maximum of $367.50 has been
deducted, whichever comes first.
(2) Annual in advance payments must be
remitted direct to the Association's accounting office no later than September
30, or within 30 days following membership application for new members after
September. Such annual payments shall
be as calculated by the Association's Accounting Office in accordance with the
Association's Bylaws.
Section 2. Chapter
Dues. Local Chapter dues for
"Active" members of this Chapter shall be $20.00 per year, payable by
payroll deduction during each of the months September through August in which
the member is in regular paid status; or payable annually in advance to the
Chapter Treasurer.
Section 3. The local Chapter dues plus the State per
capita dues equals the member's total dues requirement.
Section 4. Assessments: No assessments shall be levied in this
Chapter other than those approved by sixty percent (60%) of the Chapter
membership voting on the question by secret ballot. Each member shall be notified in writing at least ten (10) days
in advance of the nature of the proposal and the time, date and place where the
matter will be discussed. The voting
method as outlined in Article XIII, Section 5 shall be utilized for all
assessments.
Section 5. Fund
Solicitation: No
funds shall be solicited in the name of the Chapter without authorization of
the Executive Board. All funds
collected (together with an accounting of source) shall be delivered to the
Chapter Treasurer within five (5) working days of receipt, for deposit in the
Chapter’s account.
Section 1. Officers: The following officers shall be elected by
and from among the total "Active" membership of the Chapter,
regardless of the location of their employment: President, First Vice President, Second Vice President,
Secretary, Treasurer, Public Relations Officer, Chief Job Steward, Representative
for Administrative Services Staff, Representative for College Services Staff,
Representative for Instructional Services Staff, Representative for
District-Wide Services.
Section 2. Executive
Board: The elected officers
designated in Section 1 shall constitute the Executive Board of this Chapter.
Section 3. Eligibility
to Hold Office:
Officers shall be elected from among the "Active" members of
the Chapter who are in good standing and have passed their initial probation
period.
(a) Nominees for elected office shall be “Active” members of the
Chapter in good standing at the time of nomination and can only accept
nomination for one Executive Board office.
Section
4. Nominating and Election Procedures:
(a) A Nominating Committee appointed, as hereinafter provided,
shall provide recommendations (nominations) of all officer [ms3]candidates
to fill the elected offices in Section 1 whom the committee has qualified to
hold office. The qualified officer [ms4]candidates’
names shall be submitted at the November Chapter meeting. Nominations to fill
the elective offices listed in Section 1 shall be accepted every 2 years, in
the odd numbered years, except when a vacancy necessitates nomination and
election by the membership in a special election.[ms5]
(b) Nominations for these offices shall be accepted from
the floor at the October and November
Chapter meetings.
(c) If, after nominations are closed at the
November Chapter meeting there is only one nomination for an office, the single
nominee shall be declared elected to the office, and no balloting or other
action shall be required. The Chapter
President shall so notify the membership in writing as soon thereafter as
possible.
(d) Election
Process: [ms6]
(1). When there is
more than one nominee for an office, an election shall be conducted before the
December Chapter meeting by secret ballot vote of Active members in good
standing.
(2)