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LBNL, CUE Local #8

LBNL Local Constitution

Article 1. Name

The name of this organization shall be the Coalition of University Employees at Lawrence Berkeley National Laboratory (LBNL CUE) or Local #8 of CUE. This local is chartered by CUE, an unincorporated nonprofit association.

Article 2. Objectives

The objectives of this local shall be:

Article 3. Membership and Dues

  1. All current employees in the Clerical and Allied Unit (CX) at LBNL are eligible for membership in this local union, subject to the requirements of the Statewide Constitution of CUE. Those employees on non-pay status, e.g., layoff status, furlough, on approved leaves of absence, or awaiting grievance resolution are considered current employees.

  2. No person otherwise eligible for membership in CUE shall be denied membership because of race, religion, gender, age, national origin, sexual orientation, or political belief.

  3. The monthly membership dues of this local shall be set and monies shall be distributed in accordance with the Statewide Constitution of CUE.

  4. Any member that is paying his or her dues through a system of regular payroll dues deduction shall be considered a member in good standing.

  5. Members shall have the right to full participation in the decision-making processes of the union, and to all pertinent information needed for the exercise of this right.

  6. It is the responsibility of the member to provide the union with the necessary contact information to be able to keep the member adequately informed on a timely basis.

  7. Only dues-paying members shall be allowed to vote and hold office.

  8. Any person in the LBNL CX unit can join CUE by submitting a membership application.

  9. Payment of Fair Share Fees does not constitute membership.

Article 4. Meetings

  1. Regular general membership meetings of this local shall be held once a month, at a time and place to be fixed by the Local Executive Board except in December (when holding a meeting shall be optional and at the discretion of the Local Executive Board). Notice of these meetings shall be sent to members prior to the meeting, giving all members equal notice and reasonable opportunity to attend. Meeting notices must specify the purpose, time and place of the meeting.

  2. Special general membership meetings may be called by the Local Executive Board. A special general meeting may also be authorized by a written petition signed by 10% of the membership. This petition will be submitted to the Local Executive Board for processing and verification. Lastly, an individual member of CUE may request a special meeting in writing to the Local Executive Board, which will vote on the request emphasizing purpose, need and timing. All special general membership meetings will be reasonably publicized by the Local Executive Board.

  3. Matters acted upon at the general membership meeting shall be enacted by a simple majority vote of the members present. If a vote is to be taken at a general meeting, the participants' membership shall be verified by the current membership roster. A quorum shall consist of seven members.

  4. The Local Executive Board shall hold regularly scheduled monthly meetings. Special meetings of the Local Executive Board shall be held at the request of the President or majority of the Local Executive Board. Interested members of the local may attend the Local Executive Board meetings unless personnel matters are to be discussed, in which case the Local Executive Board must close that portion of the meeting. A simple majority of the Local Executive Board shall be required for a quorum.

Article 5. Officers, Procedures, Nominations and Elections

Section 1. Officers

  1. The officers of Local #8, LBNL/CUE, shall consist of President, Vice President, Recording Secretary, Treasurer, three Executive Board Members and the Chief Steward. These eight shall constitute the Local Executive Board. All officers shall be elected for a term of 2 years. The President, Treasurer, and two Executive Board members shall be elected in odd-numbered years. The Vice President, Secretary, one Executive Board member, and the Chief Steward shall be elected in even-numbered years. For the initial election in 2001, the Vice President, Secretary, and one Executive Board member shall be elected for one year. The Chief Steward shall initially be appointed by the Local Executive Board and shall serve until the next scheduled election in 2002.

  2. Eligibility for Office: To be eligible for office, a member must be in good standing immediately preceding the election. Any member serving a term of office whose position is moved outside of the bargaining by reclassification may not complete their term of office. Any member who leaves the bargaining unit by resigning or by transferring to a job outside the bargaining unit will not be allowed to complete the term of office. Any member serving a term of office who is fired or laid-off and who is grieving that management action may complete their term of office.

  3. Those elected shall be installed in office immediately upon the Election Committee's report of the election and upon signing and affirming the following:

    Oath of Office, "I do hereby sincerely pledge and promise that I will perform faithfully and with honor the duties of my office as prescribed by the constitution of the Coalition of University Employees (CUE), LBNL Local 8."

  4. The elected officers will deliver to their successors in office all books and papers and other property of this union in their possession at the close of their official term.

  5. A Local Executive Officer may be appointed by the Local Executive Board to serve on the Statewide Executive Board if all 3 positions are not filled by a local election. The Local Executive Officer shall serve a term until the next scheduled election. This person, serving in two positions, will have only one vote on the Local Executive Board. In the case that these Executive Board member(s) positions are not scheduled to be filled in the next scheduled election, please see Article 5, Section 5 - Vacancies.

  6. Election for the Local's representative to the Statewide Bargaining Committee will occur once just prior to the start of each new bargaining cycle and according to the election procedures outlined for members of the Board. The term of office for this position ends upon completion of the bargaining cycle. An alternate may be elected at the same time. Unless there is an alternate elected to replace the elected bargainer for that campus, vacancies in this position will be filled by vote of the members at a general or special membership meeting to be supplemented by in-person polling stations. Fifteen (15) days notice shall be given to members by US mail or email of this meeting, at which time nominations will be closed and voting will occur. Additional voting will be allowed at in-person polling stations and will be closed within three (3) workdays of the membership meeting. Nominations will be accepted at the meeting and prior to the meeting, by email or by other agreed-upon methods. For the period of time between the occurrence of the vacancy and the election of a new bargainer, the Local Executive Board will appoint an acting bargainer for the Local.

  7. Elections for the Local's representative to the Statewide Election Appeals panel will occur at the same time as the elections for the Local Executive Board, and the same procedures shall be followed for their election and for filling vacancies as are followed for members of the Local Executive Board. The term of office for the Statewide Elections Appeal panel is 2 years. The Statewide Election Appeals member is not a voting member of the Local Executive Board.

Section 2. Nominations

  1. Nominations for all officers shall be made at a regular meeting of the local, or via postal or electronic mail. At least fifteen days advance notice shall be given by the Elections Committee to the membership prior to the opening of the nomination process. This notice shall include a timetable for the entire election and information on how to make a challenge or protest. 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 the nominations meeting or from the general membership via either postal or electronic mail.

  2. No member may accept a nomination for more than one position, and a nominee is required to indicate at the conclusion of nominations for the specific position whether the nominee accepts or declines the nomination.

  3. No nominating speech may exceed two minutes at a regular or special meeting.

Section 3. Procedures

  1. An Election Committee of volunteer CUE members shall conduct and supervise the nomination and election processes, and shall keep records of the members voting. The Local Executive Board must meet with and approve the overall agenda of the Elections Committee before the start of the nominations/elections process. The Local Executive Board must also approve the selection of the Elections Committee chair.

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

  3. Prior to the election, any announced candidate shall have the right to mail campaign literature, one time only, through the union office but at private expense (contents and postage). The Local's newsletters, leaflets, office, equipment or property may not be used to support the candidacy of any one person or slate.

  4. The Committee shall count the vote in the presence of all candidates or their designee desiring to be present at such count, and shall keep proper tallies of the count. The votes cast shall be reported to the membership. No member of the Election Committee may be a candidate for office. No candidate for office shall have access to the ballots prior to or during the election.

  5. The period of time between the announcement of opening of nominations and the vote count may not exceed 85 days.

  6. This Local shall retain all election records, including ballots, for at least one year after the election.

Section 4. Elections and Counting the Votes

  1. Except in the initial elections of Local #8, elections shall be held in the month of April; nominations shall be opened at a membership meeting held in February and shall remain open until the close of March's membership meeting.

  2. Officers shall be elected by secret ballot vote, and the balloting shall be conducted so as to afford all members a reasonable opportunity to vote, regardless of work schedule or location.

  3. Write-in candidates shall not be allowed. Single nominees shall be declared elected. Voting by proxy shall not be permitted.

  4. Voting for fewer than the number of vacancies in the position shall be allowed.

  5. To be valid, a ballot must show no more votes for each office than there are votes required. If this occurs on a ballot, then the votes for that office will be invalid.

  6. Upon completion of the voting, 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.

  7. Challenges. Any member of this Local may challenge the eligibility of any nominee for Local office, and any CUE member may challenge the eligibility of any nominee for Statewide office. This is done by filing in writing such challenge with the Election Committee prior to the holding of the election. The Election Committee shall make a determination regarding the challenge, and shall report it's ruling to the Local Executive Board. The Local Executive Board shall either accept or reject the ruling of the Election Committee prior to the election.

  8. Protests. Any protest concerning the election must be filed in writing to the Local Executive Board within 10 days following the election. The Local Executive Board shall decide such protests within 30 days after filing of the protest. Protests not filed according to the above requirements will not be honored.

  9. There are no term limits for offices.

Section 5. Vacancy of Office

  1. If a vacancy should occur in the position of President, Vice President, Treasurer, Recording Secretary, Chief Steward, Statewide Election Appeals Panelist or Executive Board Member, and more than 180 days remain until the next scheduled election, said vacant position shall be filled by vote of the Local membership. The newly elected officer will serve the remainder of the term of that office.

  2. In the event of a vacancy in any position except the President with less than 180 days remaining until the next election, the Local Executive Board will appoint a person to serve until the next scheduled election. In the case of a vacancy in the office of President of less than 180 days, the Vice President shall serve as acting President until the next scheduled election. The position will then be filled by normal voting procedures at that scheduled election. If the term of the vacated position was not scheduled to end in this election, the newly elected officer will only serve the remaining days of the term or the remainder of the term until the position's term is scheduled for election.

Section 6. Recall

  1. A petition signed by 60% of the local members that calls for the removal of an officer (including board members), shall remove that person from office upon certification by the secretary. If the secretary is the subject of the recall, the president shall provide the certification.

  2. The petition must state the reasons for recall, which must be defined as at least one of the following; (1) 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.

Article 6. Duties of Officers and Local Executive Board

Section 1. Duties of officers:

  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 union as determined by the general membership and the Local Executive Board. The President or his/her designee shall preside at all meetings of the general membership and of the Local Executive Board, and shall report periodically to the membership regarding the progress and standing of the local and his/her official acts. The President shall be an ex-officio, voting member of all committees. The President shall oversee all official correspondence of Local #8. The President may countersign checks.

  2. The Vice President shall assist the President in execution of the President's duties and serve as acting President during the absence or disability of the President. In the event that a vacancy in the office of President occurs, the Vice President shall fill the office of President until a new President is elected. (See Article 5 Section 5) The Vice President shall discharge such other duties as may be assigned. The Vice President may countersign checks.

  3. The Recording Secretary shall be responsible for recording, publishing and distributing the minutes of all meetings of the general membership and of the Local Executive Board. The Secretary shall promptly transmit copies of the minutes to the Local Executive Board, and make them available to all members promptly upon request. The Secretary retains responsibility for any secretarial duties delegated to another member.

  4. The Treasurer shall receive and receipt all monies of the local union, which are to be handled at the local level. This officer shall deposit all money so received in the name of the local union in a bank or banks selected by the Local Executive Board. Money so deposited shall be withdrawn only by countersigned check. The Treasurer shall prepare checks, or otherwise transfer funds, for such purposes as are required by the constitution or are authorized by the Local Executive Board. This officer shall keep an accurate record of receipts and disbursements and shall, once each month or as directed by the Local Executive Board, submit to the membership any operating statement of the financial transactions of the Local since the preceding report. He or she shall act as the custodian of all properties of the Local union. The Treasurer may countersign checks.

  5. The Chief Steward shall coordinate training and education regarding grievance and representation matters, and shall assist Local #8 in identifying and fostering new stewards. The Chief Steward - or her/his designee - shall serve as chair of the local grievance committee. The Chief Steward - or her/his designee - has the responsibility of assuring that all unfair labor practice charges and other formal actions against LBNL are processed promptly and properly. The Chief Steward will serve on any board or subcommittee authorized to decide whether a grievance should go forward 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). The Chief Steward is a voting member on the Local Executive Board.

  6. The three elected Local Executive Board Members shall be responsible for keeping all CUE-represented employees informed and shall bring the members' concerns to the Local and Statewide Executive Boards. These three Local Executive Board Members shall be the official Local #8 representatives on the Statewide and Local Executive Boards, having voting privileges on all Statewide and Local matters. They shall make regular reports of all Statewide Executive Board meetings to the Local Executive Board.

Section 2. All matters affecting the policies, aims, and means of accomplishing the purposes of Local #8 not specifically provided for in this constitution or by action of the membership at a regular or special meeting shall be decided by the Local Executive Board. The Local Executive Board shall be authorized to hire counsel, agents and employees as are necessary to assist in the mission of the union. The Local Executive Board shall meet at the call of the President or of a majority of its members. A report on all actions taken by the Local Executive Board shall be made to the membership at the next meeting, or by postal or electronic mail. A majority of the membership of the Local Executive Board shall be required for a quorum. The Local Executive Board shall be authorized to recommend to the Statewide Executive Board that a grievance case go forward to arbitration.

Article 7. Staff

This Local shall provide fair wages and working conditions to CUE staff. Matters of discipline shall follow the concepts of due process and just cause. All staff shall be treated with respect and shall receive fair treatment. All open staff positions shall be advertised for a reasonable period of time. Direction of the staff will be through the Local Executive Board or by a person or persons delegated by the Board. These provisions can be superseded by a collective bargaining agreement.

Article 8. Referenda

  1. A referendum may be called by a vote of a majority of the Local Executive Board or by a petition supported by 10% of the members.

  2. Once a referendum has been successfully called for, the Local Executive Board shall refer the matter to a vote to occur within 30 days. The Local Executive Board shall send notification to all members and it shall include the referendum and the arguments pro and con. The referendum vote will be conducted by ballot through mail, email or at a "special" membership in-person meeting. The minimum number of votes required for a referendum to be valid is 30% of the membership.

  3. The results of a referendum will be determined by a simple majority of votes cast.

  4. Matters not subject to referendum are employment, assignment, promotion, discharge or compensation of staff.

Article 9. Miscellaneous

  1. Grievances. CUE-represented employees at LBNL have the right to fair representation in matters related to the work place. The Chief Steward and the Stewards Council have the authority to recommend to the Local Executive Board that a grievance go to arbitration. The Local Executive Board has the final authority on this decision.

  2. Local CUE Committees shall be established as needed.

  3. The funds or property of Local #8 shall be used only for such purposes as are specified in this constitution or the CUE Statewide constitution, as may be established by proper resolution of the Local Executive Board, or as may be required to transact and properly conduct the business of this Local.

  4. Except to the extent specified in this constitution, no officer of this Local shall have the power to act as agent for or otherwise bind this 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 this Local except to the extent specifically authorized in writing by the President of this Local or by the Local Executive Board.

  5. The Local Executive Board has the authority to make endorsements, join coalitions, and work with other unions and other organizations to accomplish the objectives of Local 8. All endorsements, affiliations and actions made by the Local Executive Board must be reported to the general membership. Time permitting, such endorsements and actions shall be presented for discussion at the monthly general membership meeting, and then the Local Executive Board will decide upon the endorsement.

  6. Robert's Rules of Order, latest edition, shall be the guide in all cases where applicable and where consistent with this Local's constitution or with any legally adopted special rules of the Statewide Coalition of University Employees (CUE).

  7. A Local #8 strike at LBNL may be called by two-thirds vote where a quorum will be 40 % of the membership. A strike may be ended by simple majority vote of either a General Membership meeting or a mail vote with 30% of the membership constituting a quorum. The membership may delegate the power to call or end a strike to the Local 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 10. Approval, Application and Severability of Constitutional Provisions

  1. This constitution and any subsequent amendments thereto must be approved by the CUE Statewide Executive Board to be effective.

  2. Nothing in this Local constitution shall be interpreted or applied in any manner that is inconsistent with the Statewide Constitution or its appendices.

  3. If any provision of this Local constitution shall be held invalid, the remainder of this Local constitution shall not be affected.

  4. Local #8 of CUE shall at all times be subject to the provisions of the constitution of the Statewide CUE. The provisions of the Statewide CUE constitution shall govern this Local for all matters not addressed in the Local constitution.

  5. This Local constitution may be amended, revised, or otherwise changed. To initiate the amendment process, a written motion must be presented with support of 20% of the members or a majority of the Local Executive Board. A copy of the proposed amendment shall be furnished to each eligible voter prior to the vote date. Provisions shall be made for written arguments, pro and con, to accompany the proposed amendment(s). At least 30% of the Local membership must vote for any proposed amendments, revisions or changes to the Local constitution. Such amendments, revisions or changes will be determined by a majority of the votes cast.

http://www.cueunion.org/lbnl/lbnlcuecon.php        20-November-2008 09:54:29
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