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Berkeley / UCOP Local #3

Local Constitution

This local Constitution, written with the input of over seventy members of CUE Local #3, has been approved and adopted in February 2001 by a vote of the local membership. The CUE Statewide Executive Board has certified that it is consistent with the statewide CUE Constitution.

Amendments to this constitution were certified in May 2004.

Local Constitution

Coalition of University Employees, Berkeley / UCOP

Article 1: Name

The name of this organization shall be the Coalition of University Employees, Berkeley / UCOP Local #3.

Article 2: Structure

The Constitution of the Berkeley / UCOP Local defines the procedures for the Union's operation at the local level. The provisions of this Constitution are consistent with the principles and procedures of the Statewide Constitution.

Article 3: Objectives

This Union Local shall provide a democratic process whereby clerical employees of the University of California can organize to represent themselves in all conditions of their employment. The Local aims to participate in achieving the main goals of Statewide CUE, foremost among which are securing better wages and working conditions, participating in making decisions affecting our working lives, and defending the right to work in a safe environment free of discrimination and abusive or demeaning practices as well as to engage in civic, social, political, legal, legislative, economic, cultural, and educational activities on a local, national, or international level that shall support the needs of workers.

Article 4: Membership and Dues / Fair Share Fees

Section 1. Membership in CUE's Berkeley / UCOP Local is open to current employees in the Clerical and Allied Services bargaining unit at the University of California, Berkeley / UCOP and at other UC locations as defined by the Statewide Constitution. This excludes UCOP employees who work at other UC campuses, such as Davis, Riverside, Santa Barbara, and so forth. Currency of employment includes employees on layoff status, furlough, approved leaves of absence, being in receipt of pay for temporarily working out of assigned classification, and those waiting for grievance resolution. No person otherwise eligible for membership in CUE shall be denied membership because of race, creed, color, national origin, gender, sexual orientation, age, disability or political belief. Members shall have the right to full participation, through discussion and vote, in the decision-making processes of CUE, as well as to pertinent information needed for the exercise of this right.

Section 2. Membership procedures, the amount of dues, and methods for collecting dues are established in the Statewide Constitution.

Section 3. The percentage of dues income and/or Fair Share fees retained by the statewide organization, and percentage forwarded to the Local is established in the Statewide Constitution.

Section 4. Payment of Fair Share Fees does not constitute membership.

Article 5: Local Structure

Section 1. The officers of this local shall be a President, a Vice President, a Secretary, a Treasurer, a Chief Steward, and six at-large Executive Board members, and these eleven shall constitute the voting members of the local Executive Board. In addition, there shall be elected three members who shall serve as Trustees. The Trustees shall be elected to three-year terms of office, except that in the initial election, one shall be elected for a one-year term, one for a two-year term, and one for a three-year term. All other officers shall be elected for a term of two years. Members elected to office will be installed in their newly elected positions one week after the election is ratified.

Section 2. Each election shall be organized so that one of the six at-large Executive Board members shall be nominated and elected solely by members working at UCOP. Members at UCOP shall also vote for the remaining five at-large positions.

Section 3. Election of officers shall be held in the month of April. Nominations shall be opened at a General Membership meeting held in February and shall remain open until the close of the March General Membership meeting.

Section 4. Nominations for all officers shall be made at a General Membership meeting, or via electronic mail. Notice shall be sent to the membership at least 15 days prior to the opening of nominations. A Nominating Committee may be appointed or elected to make nominations, but whether or not such a Nominating Committee is used, nominations shall be permitted from the floor at either of the membership meetings or via electronic mail until 5 p.m. on the day of the General Membership meeting at which nominations are closed. As the nomination period proceeds and before the close of nominations, members will be regularly informed of the names of those nominated and whether they have accepted/declined nomination.

Section 5. To be eligible for office, a member must be in good standing (See Statewide Constitution, Article III) of the Berkeley / UCOP Local of CUE. For the UCOP member at-large position on the local Executive Board, the candidate shall be working at UCOP.

Section 6. Officers, at-large Executive Board members and Trustees shall be elected by secret ballot vote, and the balloting shall be so conducted as to afford to all members a reasonable opportunity to vote. At least fifteen days' notice shall be given the membership prior to the start of the voting period.

Section 7. No member may accept nomination for more than one position on the local Executive Board nor shall a member accept nomination for both bargaining team representative and alternate bargainer (for either the statewide bargaining team or subject bargaining such as parking). A nominee is required to state at the conclusion of nominations whether s/he accepts nomination for a specific position. Acceptance of nomination represents a pledge to do the following if elected: to faithfully carry out the duties incumbent upon each office, as delineated in this Constitution, and to deliver to the successor all books, papers and property of the Local which are in the officer's possession. The name of a nominee who declines shall not appear on the ballot.

Section 8. The Local Election Committee shall conduct and supervise local elections (see Article 8, Section 3 of this Constitution and Appendix A, 1F of the Statewide Constitution). It shall decide on the mode of voting, and establish rules for campaigning. Notice of the opening of nominations, the elections timetable, procedures for nominations, and procedures for election protests and challenges shall be given by U.S. postal mail to the membership 15 days prior to the opening of nominations. Prior to the election, any candidate who has been properly nominated and has accepted nomination shall have the right to mail campaign literature, one time only, through the Union office but at private expense. The Election Committee shall rule on the eligibility of members presenting themselves to vote if such right is challenged, and shall keep records of the members voting. The Election Committee shall count the vote in the presence of any member or candidate's designee who desires to be present, and shall keep proper tallies of the vote. The votes cast for candidates shall be counted as soon as possible after the close of the polls (including no more than three days after postmark deadline for receipt of mail ballots, if used) and shall be reported to the membership within 72 hours of the count. In the event of a mail-in ballot, the results shall be reported as above no later than one week after the deadline to postmark and/or receive the ballots from voting members. No member of an Election Committee shall be a candidate at that election or a sitting officer of the Local. No candidate for office shall have access to the ballots prior to or during the election.

Section 9. Each candidate -- even in uncontested races -- will be offered the opportunity to prepare a statement to be included in a mailing paid for by the union. Each candidate will be given the opportunity to view their opponent's statements and prepare a response which will also be included in the mailing. This mailing will also contain the ballot with the exception mentioned in Section 11 below.

Section 10. The candidate receiving the highest number of votes or the candidate who amasses the greatest number of points in a preferentially ranked ballot for each office shall be declared elected. Ballots shall be retained in the local CUE office for one year from the date of the vote count.

Section 11. In any case where there is only one nominee for office, such nominee shall be declared elected. In other cases, elections shall be by secret ballot and write-in votes shall be permitted. All members shall be afforded a reasonable opportunity to vote.

Section 12. Except for vacancies in the position of President (see Article 7, Section 2), vacancies in officer positions and in at-large member positions shall be filled for the remainder of the term by vote of the Executive Board. If more than six months remain to be served, any vacancy shall be temporarily filled by vote of the Executive Board (or the Vice President shall serve as temporary acting President (see Article 7, Section 2)), with new elections by the membership held as soon as possible.

Section 13. Procedures for recalling elected officers are the same as those for Referenda (Article 9) with the following additional requirements: 1) It shall be clearly stated in the ballot materials that neither the arguments for nor against recall are necessarily the opinion of CUE but only of specific members who shall sign the ballot statements. 2) The reason(s) for attempted recall must be clearly stated on the petition or at the meeting officially initiating the recall process and on the recall ballot. The reason(s) for recall must be defined as at least one of the following: (i) having engaged in conduct or a course of activity hostile or contrary to the best interests of the Union; (ii) willful violation of the Local or Statewide Constitution; (iii) misappropriation of funds; or (iv) malfeasance in office or neglect of duty.

Article 6: Membership Meetings

Section 1. General Membership meetings of this Local shall be held at least once a month, except in December (when holding a meeting shall be optional and at the discretion of the Executive Board unless mandated by a vote of the November General Membership meeting), at times and places to be fixed by the membership or the Executive Board.

Section 2. Special meetings may be called by the President, the Executive Board, or by petition filed with the President and signed by 10% or 50 members of the General Membership, whichever is less. If such a petition is filed, the Executive Board is obligated to schedule a meeting within two weeks of filing, in accordance with the rules for referenda.

Section 3. When fewer than 50% of the local jurisdiction are members, quorum will be 25 people. When 50% or more of the local jurisdiction have joined CUE, quorum will be 2% of the local membership. In no event shall quorum fall below 25 people. The figures reported to the local from CUE's statewide office will determine membership and jurisdiction size. Reasonable attempts shall be made to notify all members of meetings.

Article 7: Duties of Officers and Executive Board

Section 1. The President of the Local is the chief executive member of this Union, charged with administering the affairs and executing the policies of the Local as determined by the General Membership and the Executive Board. The President shall preside at all meetings of the General Membership and of the Executive Board. S/he shall report periodically to the membership regarding the progress and standing of the Local and her/his official acts. The President shall receive regular reports from all Local committees (except as disallowed by this Constitution). S/he may co-sign checks.

Section 2. The Vice-President shall perform the duties of the President in the President's absence. The Vice-President shall assist the President in coordinating the activities of the local. S/he may also co-sign checks. In the event a vacancy in the office of President occurs with less than 180 days left in the term, the Vice-President shall fill the office of President until the next regularly scheduled election of officers.

Section 3. The Secretary shall be responsible for recording and promulgating the minutes of all meetings of the General Membership and of the Executive Board. S/he shall carry on the official correspondence of the Local, except as the Executive Board may direct otherwise.

Section 4. The Treasurer shall keep an accurate account of all receipts and disbursements of all money of the Local and maintain financial records. The treasurer shall deposit all money of Berkeley / UCOP CUE in an account at a bank or other financial institution selected by the executive board. S/he shall provide members access to financial records; the Executive Board shall adopt reasonable procedures for this process that shall not abridge this membership right nor unduly burden the Treasurer. The Treasurer shall report on financial matters to the President and Executive Board regularly. The Treasurer shall prepare all checks for signature or use other financial mechanisms to disburse funds for duly authorized expenditures. The Treasurer retains responsibility for any duties delegated to another member.

Section 5. The chief steward shall coordinate training and education regarding grievance and representation matters, and help the Berkeley / UCOP local identify and foster new stewards. The chief steward -- or her/his designee -- shall serve as chair of the local grievance committee (see Article 8, Section 2 of this constitution). The chief steward shall also track unfair labor practice charges and other formal actions against UC and will serve on any board or subcommittee authorized to decide whether a grievance should be forwarded to arbitration. This person shall seek assistance from and provide information to the statewide chief steward on a regular basis (see Statewide CUE Constitution, Article V, Section B1).

Section 6. The Trustees shall make or cause to be made at least annually an audit of the local's finances, and shall report to the General Membership on the results of the audit. Trustees shall not serve as an officer or member of the Executive Board of the Local Union.

Section 7. The Executive Board shall be the governing body between meetings of the General Membership. All matters affecting the policies, aims, and means of accomplishing the purposes of the Local not specifically provided for in this Constitution or by action of the General Membership at a regular or special meeting shall be decided by the Executive Board. The Executive Board shall be authorized to hire counsel, agents and employees as are necessary to assist in achieving the goals of the Union. The Executive Board shall hold regularly scheduled meetings and make reasonable attempts to notify the General Membership of the time and place of Executive Board meetings. Special meetings of the Executive Board shall be held at the call of the President or of a majority of the Executive Board's members. A report on all actions taken by the Executive Board shall be made to the General Membership at its next meeting, or by electronic mail. A majority of the membership of the Executive Board shall be required for a quorum. All meetings are open to the General Membership except for discussions of personnel matters. The responsibility of the Executive Board shall be to the General Membership.

Article 8: Committees

Section 1. Standing committees shall be established, as needed, by the Executive Board, subject to the approval of the General Membership except for the Grievance and Election Committees provided for in this article. The chairpersons of standing committees shall be non-voting members of the Executive Board unless they are already voting members of the Executive Board.

Section 2. The Grievance Committee shall be a standing committee and shall be composed of not less than three members. It shall be notified of all grievances (both subject matter and process).

Section 3. An Election Committee of three members shall administer elections. Selection of this committee and the conduct of elections shall be in conformity with the Statewide Constitution (see Article 5, Section 8 of this Constitution and Appendix A, 1F of the Statewide Constitution). The term of office for the members of this local Election Committee shall, furthermore, be determined by the local Executive Board but is not to be for less time than the conduct of a particular election nor shall it extend past the date at which new Executive Board members are installed except to complete official deliberations in response to challenges that may come up to elections which it has supervised (see Appendix A, Section 2 of the Statewide Constitution).

Article 9: Referenda

Section 1. Referenda may be initiated by vote of a General Membership meeting or by the Executive Board. Petition of 10% of the General Membership may also initiate referenda. Once a referendum has been successfully called for, the Executive Board shall conduct a vote to be completed within 40 days. The Executive Board shall send notification to all members. Provision shall be made for argumentation representing different points of view to accompany referenda. Results of Referenda are considered valid if 15% of the membership has voted, and shall require a simple majority vote of the votes cast for passage. Matters not subject to referendum are employment, assignment, promotion, discharge or compensation of staff.

Section 2. To the extent possible by law, this Constitution recognizes the possibility of preferentially ranked ballots where more than two responses to a given set of circumstances would be presented for a membership vote. In such a vote, the option which amasses the largest number of points in its favor shall pass.

Article 10: Strikes

A strike may be called by two-thirds vote where a quorum will be 40 % of the membership, and ended by simple majority vote of either a General Membership meeting or a mail vote in which at least 30% of the membership responds. When Berkeley/UCOP CUE members make up over 40% of the jurisdiction, a simple majority of members voting may call a strike still assuming a quorum of 40% of the membership. The membership may delegate the power to call or end a strike to the Executive Board. Such a delegation will only be allowed if there is a quorum of 40% of the membership, and the motion is passed by a two-thirds vote.

Article 11: Miscellaneous provisions

Section 1. This Local shall at all times be subject to the provisions of the Statewide Constitution. The provisions of the Statewide Constitution govern the Local for all matters not specifically addressed in this Constitution. The Rights of Members section of the Statewide Constitution shall apply fully in the conduct of the Local's business.

Section 2. Except to the extent specified in this Constitution, no officer of the Local shall have the power to act as agent for or otherwise bind the Local in any way whatsoever. No member or group of members or other person or persons shall have the power to act on behalf of or otherwise bind the Local except to the extent specifically authorized in writing by the President or by the Executive Board.

Section 3. The Executive Board can establish procedures whereby electronic mail or other technologies can be utilized to carry out the business of the Local as specified in this Constitution. Members who do not have access or choose not to use electronic mail or other technologies have the right to be informed of Union business and be given the opportunity for timely participation in Union decision making and elections.

Section 4. The Executive Board is authorized to make endorsements, join coalitions, and work with other CUE Locals, Unions and other organizations to accomplish the objectives of this Local. Whenever possible, such endorsements and actions shall be made in concert with the General Membership. All endorsements, affiliations and actions made by the Executive Board must be reported to the General Membership.

Section 5. Robert's Rules of Order, Revised, shall be the guide in all cases to which they are applicable and in which they are not inconsistent with this Constitution, the Statewide Constitution or with any legally adopted special rules of the Coalition of University Employees.

Article 12: Amendments

Section 1. For the first three years after adoption of this Local Constitution, this constitution may be amended, revised, or otherwise changed by a vote of two-thirds of the members voting on such proposed change in accord with the procedures outlined below. Twenty-five members shall be required to propose an amendment to this Constitution. Proposed amendments to this constitution must be read at a regular or special meeting of the Local and read and discussed at a subsequent meeting of the Local. Fifteen days written notice shall be given to the membership prior to the date on which the second reading and discussion occur. Ballots sent to the membership shall be accompanied by complete information on the vote count (pro and con) on the motion to recommend this amendment to the membership. Provision shall be made for argumentation representing different points of view to accompany copies of the proposed amendment. Electronic mail or other technologies may be used to propose amendments and to give appropriate notice. A simple majority vote will decide if the proposed amendment passes and no quorum of ballots received shall be necessary. Amendments shall take effect only after the statewide Executive Board accepts it as consistent with the statewide Constitution.

Section 2. After three years, procedures for amending, revising or otherwise changing this constitution are the same as those for Referenda (Article 9) except that 30% of the membership must have voted in order for the change to be incorporated into this local Constitution.

http://www.cueunion.org/berkeley/b-cuecon.php        21-November-2008 12:18:42
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