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Davis Local #7

Local Constitution

The Davis constitution was ratified on October 29, 2001

ARTICLE I - NAME

Section 1. This organization shall be known as the Coalition of University Employees (hereafter referred to as CUE), Davis Local 7. CUE Davis Local 7 is a chapter of an unincorporated nonprofit association chartered by the Coalition of University Employees.

ARTICLE II - OBJECTIVES

Section 1. Objectives of this organization are: to provide mutual aid and support for members of the organization; to encourage cooperation and solidarity among all clerical unit employees; and to advocate and fight for improvements in the wages, hours, and terms and conditions of employment for all clerical unit employees represented by this Local.

Section 2. The CUE Local 7 work shall consist of organizing, training and representing clerical unit employees in the jurisdiction. CUE Davis Local 7 shall provide administrative, clerical, technical, and other support activities that serve to build and maintain a strong Local to represent the interests and to maintain the rights of clerical unit employees.

ARTICLE III - MEMBERSHIP

Section 1. Membership is open to all Clerical Unit (CX) employees, not classified as Confidential or Management, employed at the University of California Davis Campus (UCD), University of California Davis Health Systems (UCDHS), and those employees of the Division of Agriculture and Natural Resources (DANR) who work on or near the Davis campus. Clerical Bargaining Unit Titles (CX Unit) are listed in Attachment A. CUE Davis Local 7 shall not discriminate against any person on the basis of race, color, religion, political affiliation, marital status, national origin, ancestry, gender, sexual orientation, physical or mental handicap, medical condition, age, citizenship, or status as a veteran.

Section 2. Dues and Fair Share Fees shall be paid monthly by payroll deduction as described by the collective bargaining agreement between CUE and the University of California. Clerical employees on leave of absence, furlough, etc., may pay membership dues by check or money order. The division of these monies between CUE Local 7 and statewide CUE is set out in the statewide CUE Constitution.

Section 3. All clerical unit employees may participate in general meetings to discuss CUE issues or concerns. There will be membership meetings at least biannually, to discuss and/or vote on CUE issues.

ARTICLE IV - OFFICERS

Section 1. Any member of Davis Local 7 is eligible to run for any local office or as a representative to a State Body. The Local officers are: Chair, Vice-Chair, Secretary, Treasurer, Trustee, Bargaining Representative, and Alternate Bargaining Representative. Terms of office for Chair, Vice-Chair, Secretary, Treasurer, and Trustee shall be for two (2) years except for the first election held after the ratification of this Constitution. For the election immediately following the ratification of the Constitution, the Chair, and Secretary shall serve for three (3) years and shall thereafter be elected in even numbered years. The following election for the Chair and the Secretary shall be held in 2004. For the first election, the Vice-Chair, Treasurer, and Trustee shall serve two (2) years, and shall thereafter be elected in odd numbered years. The following election for the Vice-Chair, Treasurer, and Trustee shall be held in 2003.

Section 2. The Bargaining Representative and Alternate Bargaining Representative shall be elected as needed and shall serve for negotiations for one (1) contract cycle. In the event that the Bargaining Representative is unable to complete her/his term of office, the Alternate Bargaining Representative shall serve out the remaining term of the Bargaining Representative. Elections of these positions shall be conducted in accordance with election procedures established in this Constitution and its By Laws.

Section 3. In addition, the Local will elect three (3) representatives to the Executive Board of the state organization (hereafter, Executive Board shall refer to the Local Executive Board unless otherwise noted) and one (1) representative to the Appeals Panel for State election appeals. The terms of office for these positions shall be two (2) years. Elections of these positions shall be conducted in accordance with election procedures established in this Constitution and its By Laws.

Section 4. An elected Officer or local representative to a State Body who resigns from or transfers out of the CX unit shall immediately notify the Executive Board and shall submit a written resignation from the office within ten (10) days of the resignation or transfer. An elected Officer who is removed from the CX unit due to reclassification, privatization, layoff or firing, and who is formally grieving the action which removed them from the bargaining unit, may complete his or her term of office.

ARTICLE V - DUTIES OF OFFICERS

Section 1. Officers shall have the authority to consult with, or designate to, other individuals such matters, powers, and duties as are necessary to execute the duties of the office. Each officer retains responsibility for any duties delegated. Nothing in this section is meant to limit CUE's right to maintain confidential information at the local or state level.

Section 2. The Chair shall be responsible for overseeing all activities of the Local. S/he shall be responsible for overseeing all activities delegated to the Local from the state organization. The Chair shall ensure that all duties and obligations of the Local are carried out as required by this Constitution, Executive Board policy, and by law. The Chair shall make a quarterly report of his or her activities to the Executive Board. A copy of this report shall be made available to all members.

Section 3. The Vice-Chair shall be responsible for assisting the Chair with oversight of local activities, duties and functions. S/he shall act as Chair in instances of the absence or illness of the Chair, or in instances of an unfilled vacancy. S/he shall assume other duties as requested by the Chair or the Executive Board. The Vice-Chair shall report to the Chair and the Executive Board as requested.

Section 4. The Secretary ensures that minutes of Executive Board meetings, Standing Committee meetings, and member meetings are recorded, approved, and accessible to members. S/he shall be responsible for Member and Executive Board meeting agendas. S/he shall ensure that timely, accurate membership lists and mailing lists are available for the Local. S/he will facilitate timely reporting by all Standing Committees.

Section 5. The Treasurer shall be responsible for all aspects of accounting of local monies, including funds held in the local checking account.

  1. The Treasurer shall be a signatory on all Local accounts. S/he shall review and reconcile all records for funds held for the Local by the state organization and for any funds invested on behalf of the Local by the state organization. S/he shall be responsible for preparing a budget for each fiscal year. The budget shall be presented to the Executive Board for approval. The approved budget shall be provided to the members each year.

  2. The Treasurer shall provide any and all assistance required for audits to be conducted according to recognized auditing standards for Labor Unions. S/he shall provide any and all assistance for audits conducted by the Accountants of the State organization, its Trustees, and by the Local Trustee.

  3. The Treasurer shall be responsible for safekeeping of the union's property. The Treasurer shall keep accurate records of all receipts and disbursements required by the Local and the State organization. S/he shall make reports to the Executive Board as requested. Reports shall be made available to the members.

Section 6. The Trustee shall not serve in any other elected office at Davis Local 7 or the State Organization during the same period in which s/he serves as Trustee. Duties of the Trustee shall be:

  1. To review all books and records of the Officers and Executive Board annually or by order of the Executive Board. The Trustee shall prepare a written report of his/her findings for the Executive Board within thirty (30) days of the conclusion of his/her review. The review shall be conducted according to generally recognized standards for Labor Unions and any applicable laws. The report shall be made available to the members.

  2. To review, investigate, and make recommendations regarding the validity of any election protests pertaining to the conduct or outcome of an election. The Trustee shall prepare a report of his/her findings for the Executive Board no later than thirty (30) days after the protest has been lodged.

Section 7. The Bargaining Team Representative and Alternate Bargaining Team Representative shall be responsible for ensuring local representation at all scheduled meetings for preparation, training and contract bargaining. The Alternate Bargaining Team Representative shall attend bargaining sessions in the event of illness or absence of the Bargaining Team Representative. They shall be responsible for presenting proposals of particular interest to the Local and otherwise representing the Local in all bargaining team discussions and bargaining sessions. Reports shall be presented to the Executive Board and/or members as requested.

Section 8. Local Representatives to State Bodies.

  1. The Local Representatives to the State Executive Board shall be responsible for attendance at all scheduled meetings of the State Board. They shall represent the interests of the Local on all discussions proposals, and votes. Representatives shall consult with the Local Executive Board prior to all votes unless the timing of the presentation of proposals would prevent the Representatives from exercising their right to vote. Representatives shall report on discussions, proposals and votes as directed by the Local Executive Board.

  2. The Representative to the statewide appeals Panel shall serve as directed by the State Constitution.

ARTICLE VI - EXECUTIVE BOARD

Section 1. The Executive Board of CUE Local 7 shall consist of the Chair, Vice-Chair, Secretary, Treasurer, and representatives to the State Executive Board. A member may hold only one Local office, but also may hold a position as a representative to the State Executive Board. However, the Trustee and the State Appeals Panel Representative may not hold any other position on the Local or State level. Each member of the Executive Board shall have only one (1) vote. The Bargaining Representative shall be an ex-officio, non-voting member of the Executive Board. A quorum for the Executive Board shall be three (3). The Executive Board shall be responsible for adherence to and enforcement of the Constitution, By-Laws and policies of the organization.

Section 2. The Executive Board shall approve a budget for each fiscal year. A copy of the budget shall be made available to members. Consistent with the approved budget, the Executive Board shall be empowered to make contracts and incur liabilities including the purchase of services, or equipment, and to otherwise engage in financial transactions to the extent permitted by applicable law or statute.

Section 3. The Executive Board shall be vested with the power to authorize expenditures for items in the approved budget. The Executive Board shall have the power to authorize expenditures for non-budget items up to $1,000 without written notice to the members. Any non-budget expenditure over $1,000 must be approved by a quorum of the Executive Board and written notice must be sent to the members. The Treasurer shall be a signatory on local accounts. The Executive Board shall authorize at least two signatories in addition to the Treasurer for all local contractual and financial matters.

Section 4. The Executive Board shall reimburse officers, stewards, members, and staff for normal expenses incurred in the performance of authorized union business. If the Executive Board recommends compensation for Officers or Stewards, the Election Committee shall hold a secret ballot vote of the members, conducted by mail and according to election procedures in this Constitution and its By Laws. A majority of votes cast shall determine the outcome. The State Constitution prohibits compensation for Representatives to the State Executive Board.

Section 5. Where not defined in the Constitution, the Executive Board shall have the power to act to ensure the effective, professional, and legal operations of the Local and to further the interests of the Membership.

Section 6. Meetings of the Executive Board shall be held at least ten (10) times per calendar year. Meetings of the Executive Board shall be conducted in a manner that maximizes efficiency and protects the democratic rights of local members. All meetings of the Executive Board are open to members except those meetings called to deal specifically with confidential personnel matters. The Executive Board shall have the discretion to invite other parties to attend its meetings as required.

Section 7. The Executive Board shall call a minimum of two (2) General Membership Meetings per year. Reasonable notice shall be provided to the general membership prior to convening the meeting. The Executive Board shall report on all matters of interest to the members. Members shall be provided the opportunity to ask questions, request information from and provide information to the Executive Board.

Section 8. The Executive Board shall have the power to call special meetings of the general membership for emergencies and other issues of importance. Reasonable notice shall be provided to the general membership prior to convening a special meeting.

ARTICLE VII - COMMITTEES

Section 1. The Board shall appoint Standing Committees and may appoint Ad Hoc Committees as needed. The Chair of the Local shall appoint the Chairs of the respective Standing and Ad Hoc Committees. Participation in committees shall be open to all members within the parameters set by Executive Board policy. The Executive Board may appoint non-members to Committees in a non-voting, advisory capacity at its discretion. The Chair, Vice-Chair, Secretary, and Treasurer shall be ex-officio, non-voting members of all committees with the exception of the Elections Committee.

Section 2. All committees shall perform the duties assigned to them within a reasonable time as defined by the Executive Board and report back to the Local as instructed by the Chair and/or Executive Board. The charge, membership, and duties of each Committee shall be defined by Executive Board policy.

ARTICLE VIII - ELECTIONS (GENERAL PROVISIONS)

Section 1. All election procedures shall reflect generally recognized labor union practices except where they are superseded by the Statewide Constitution or the general provisions of this Constitution. Detailed election procedures shall be adopted by the Executive Board and attached as By-Laws to the Constitution. The detailed election procedures shall be made available to all members.

Section 2. No money or other resources from CUE Davis Local 7 shall be spent or used for individual candidates under any circumstances. Local money shall be spent only for costs directly related to the election as a whole, and not for any individual candidate. Local publications shall not support or recommend an individual candidate.

Section 3. General Procedures

  1. The Election Committee shall conduct the election process. No member of the Election Committee may be a candidate for office.

  2. The Election Committee shall verify eligibility of all nominees and shall pass on the rights of members presenting themselves to vote if such right is challenged.

  3. Notice of the opening of nominations and the elections timetable shall be given by postal mail to the membership fifteen (15) days prior to the opening of nominations. This notice will include information on how to make a challenge or protest. Nominations for all officers shall be made at a membership meeting of the Local or via email or postal mail.

  4. No member may accept nomination for more than one (1) Local Office and one (1) position as Local Representative to the State Executive Board (see Article IV, Section 1), and a nominee is required to indicate in writing, by or before the close of the nominations acceptance period, the specific position(s) for which s/he accepts the nomination.

  5. The period of time between the announcement of the opening of nominations and the vote count may not exceed eighty-five (85) days.

  6. Officers shall be elected by secret ballot vote. Balloting shall be conducted in such a way as to afford to all members a reasonable opportunity to vote. Voting by proxy shall not be permitted. Votes will be cast by U.S. mail or in person as determined by the Election Committee.

  7. Upon completion of the voting, under supervision of the Election Committee the ballots shall be tabulated and the candidate for each office receiving the highest number of the votes cast for that office shall be declared elected.

  8. In the event of a tie, a run-off election shall be held. The candidate receiving the highest number of votes cast in the run-off election shall be declared elected.

  9. The Elections Committee shall keep records of the members voting. The Committee shall count the vote in the presence of all candidates and/or their designees desiring to be present at the count, and shall keep proper tallies of the count. The votes cast for candidates shall be counted immediately after the close of voting and shall be announced to the membership as soon as is practical, but no later than seven (7) days after the ballot count.

  10. No candidate for office shall have access to the ballots prior to or during the election. The elections Committee shall have sole access to the ballots to ensure the privacy and the fairness of the balloting.

  11. The Local shall retain all election records, including ballots, for at least one (1) year after the election.

Section 4. Those elected shall be installed in office immediately upon the Election Committee's report of the election.

Section 5. Prior to the close of the voting period, any announced candidate shall have the right to mail campaign literature at least once through the union office but at private expense (postage and contents).

Section 6. In the event of a vacancy in an office other than the Trustee, the Executive Board shall select a successor for the remaining term of office. The Executive Board shall fill all vacancies within seven (7) days of the occurrence of the vacancy. No member of the Elections Committee shall be eligible to fill a vacancy.

Section 7. In the event of a vacancy in the office of Trustee, the Executive Board shall instruct the Elections Committee to conduct a special election to fill the vacancy in a timely fashion.

Section 8. In the event of a vacancy in the office of Bargaining Representative, the Alternate Bargaining Representative shall fill the remaining term of office.

ARTICLE IX - ELECTION CHALLENGES AND PROTESTS

Section 1. Any member may challenge the eligibility of any nominee for elected office. Such challenge must be made in writing to the Elections Committee prior to the election. The Elections Committee shall promptly and fully investigate the challenge and make a determination as to the eligibility of the nominee. Any interested party may appeal the decision of the Elections Committee to the Executive Board within ten (10) days of the Elections Committee's decision. Decisions of the Executive Board may be appealed to the State Appeals Panel as provided for in the State Constitution.

Section 2. Any member may protest the conduct or results of any election, referendum or vote by the General Membership. Such protest must be made, in writing, to the Executive Board within ten (10) calendar days after the official announcement of the election results and must include the reason(s) for protesting the conduct or outcome of the election.

Section 3. The Trustee shall investigate and make a written recommendation, as provided for in the Article V, Section 8.b of this Constitution, to the Executive Board. The Executive Board shall have the authority to decide the validity of the protest, whether the matter protested may have had an effect on the outcome of the election, and what, if any, remedy is appropriate. The Executive Board shall make their decision within thirty (30) days of the filing of the protest. The decisions of the Executive Board may be appealed to the State Appeals Panel as provided for in the State Constitution.

ARTICLE X - RECALL OF OFFICERS

Section 1. Any member may initiate a petition for the recall of any officer at any time during the term of the officer. In order to be valid, such petition must include a clear statement of the reason(s) for recalling the official(s) in question and must include 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 constitution; (iii) misappropriation of funds; or (iv) malfeasance in office or neglect of duty, along with the signatures of a minimum of 30% (thirty percent) of the local membership. Such signatures shall be dated no more than thirty (30) days prior to the date of submission to the Trustee.

Section 2. Upon receipt of such petition, the Trustee shall notify the Executive Board who shall provide, within seventy-two (72) hours, all information necessary for verification that the signatures included on the petition are from local members.

Section 3. Having verified that a recall petition meets all criteria outlined above, the Trustee shall certify it a valid recall petition and, within two (2) weeks, take all reasonable steps to notify the General Membership of receipt of a certified petition for recall. Such notice to the General Membership shall include the reason(s) specified upon the petition, the names and positions of the officer(s) proposed for recall, a statement(s) from Officer(s) subject to the recall and the date of the recall vote.

Section 4. Any recall vote shall be held no sooner than two (2) weeks, but no later than two (2) months, from the date on which the Trustee has certified the recall petition. The recall election shall be determined by secret ballot and shall be conducted by mail. Within twenty-four (24) hours of the deadline for voting, the Trustee shall count all ballots received and announce the results. A successful recall shall be effective immediately upon the Trustee's announcement.

ARTICLE XI - APPROVAL, APPLICATION AND SEVERABILITY OF CONSTITUTIONAL PROVISIONS

Section 1. This Constitution and any subsequent amendments thereto must be approved by the Statewide Executive Board and a vote of the membership to be effective.

Section 2. If any provision of this local Constitution shall be held invalid, the remainder of this Constitution shall not be affected.

Section 3. CUE Davis Local 7 shall be subject to the provisions of the Constitution of the statewide CUE. The provisions of statewide CUE's Constitution govern this Local for all matters not specifically addressed in this Constitution.

ARTICLE XII - MISCELLANEOUS

Section 1. This Local shall provide fair wages and working conditions for its staff. Matters of discipline shall follow the concepts of due process and just cause. All staff shall be treated with respect and receive fair treatment. All open staff positions shall be advertised for a reasonable period of time and shall follow Equal Employment Opportunity Commission guidelines. Supervision shall be by the Executive Board or by a person or persons appointed by the Board. These provisions may be superseded by a collective bargaining agreement.

Section 2. Nothing in this local Constitution or its By-Laws shall be interpreted or applied in any manner that is inconsistent with the statewide Constitution and its appendices.

Section 3. Any membership decision or election to affiliate with any organization or group shall not require an amendment to this Constitution. Affiliation decisions or elections shall be as proscribed in the Statewide CUE Constitution.

Section 4. In the event CUE Davis Local 7 is dissolved or decertified, any unexpended funds or property shall become the property of the CUE statewide organization, as outlined in the statewide Constitution.

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

ARTICLE XIII - AMENDMENTS

Section 1. This Constitution may be amended, revised, or otherwise changed only if at least thirty percent (30%) of the local members vote, and will be determined by a majority of the votes cast. To initiate the process to amend the Constitution, such motion must have the support of twenty percent (20%) of the members or a majority of the Executive Board. A written copy of the proposed amendment(s) shall be furnished to each member prior to the date on which the vote is taken. Provision shall be made for written statements of opposing and supporting views to accompany the proposed amendment(s).

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