Coalition of University Employees (CUE) 2855 Telegraph Ave., Suite #302, Berkeley, CA 94705
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Riverside Local #2

Local Constitution

Coalition of University Employees, Riverside

Article 1: Name

The name of this organization shall be the Coalition of University Employees (CUE), Riverside, Local #2, chartered by the Coalition of University Employees.

Article 2: Objectives

The objectives of this organization shall be to represent UC clericals in respect to all terms and conditions of their employment and to provide a democratic process by which this purpose can be accomplished. Additionally, this union shall give assistance and encouragement to employees in organizing for the purpose of collective bargaining to secure better wages and working conditions for all represented clericals while also facilitating members' direct participation in decisions that affect their working lives. This organization is a chapter of a nonprofit California corporation.

Article 3: Membership and Eligibility

Membership in CUE is open to all current employees in the clerical and allied services bargaining unit at the University of California, Riverside. Currency of employment includes employees on layoff status, on furlough, on approved leaves of absence, and waiting for grievance resolution. No person otherwise eligible for membership in CUE shall be denied membership because of race, religion, gender, age, national origin, sexual preference, or political belief. 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. 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. Only dues-paying members shall be allowed to vote and hold office.

Article 4: Dues

Membership procedures, the amount of dues, and procedures for collecting dues are those established in the constitution of statewide CUE. All dues shall be paid monthly by payroll deduction, unless the members is on non-pay status (e.g., layoff, furlough, approved leave of absence, waiting for grievance resolution).

Article 5: Officers, Nominations and Elections

  1. Officers, terms of office

    1. The officers of this local shall be a President, a Vice President, a recording Secretary, a Treasurer, and three Statewide Executive Board representatives; these seven shall constitute the local Executive Board.

    2. All officers shall be elected for a term of 2 years.

  2. Eligibility to hold office

    To be eligible for local office, a member must be in good standing for at least six months immediately preceding the election. Any member serving a term of office whose position is moved outside of the bargaining unit by reclassification or privatization may complete the remainder of the 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. Election processes & Elections Committee

    1. The President, Secretary and one Executive Committee member shall be elected in even-numbered years. The Vice President, Treasurer, and two Executive Committee members shall be elected in odd-numbered years during the Winter Quarter.

    2. The elections shall be administered by the Election Committee which shall consist of at least three members, and the membership of which must be approved by the local Executive Board; members will be invited to volunteer for service on this committee. Volunteers for the elections committee shall be solicited. No member of the Election Committee may be a candidate for office.

    3. The Election Committee shall conduct and supervise all elections; it shall verify eligibility of all nominees and shall pass on the rights of members presenting themselves to vote if such right is challenged.

    4. Nominations for all officers shall be made at a meeting of the local, or via postal or electronic mail. At least fifteen days advance notice shall be given the membership 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 the nominations meeting or from the general membership via either postal or electronic mail. The same notice must be sent to all members.

    5. No member may accept nomination for more than one local position, and a nominee is required to indicate in writing by or before the close of the nominations period for the specific position whether she/he accepts or declines the nomination. A local Executive Board member whose term has not expired may accept a nomination and, if not elected, shall retain her/his current position. If elected, her/his previous position shall be filled by appointment on an interim basis by the local Executive Board until the next regular or special meeting. This language does not prevent a member from being nominated and accepting both a local office and a seat on the State Executive Board or as bargaining representative.

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

    7. At least fifteen days' notice shall be given the membership prior to the holding of the election. This notice may be combined with the notice of nominations into a single notice, which can be mailed 15 days prior to the opening of nominations.

    8. 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.

    9. 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.

    10. The Elections Committee shall keep records of the members voting. The Committee shall count the vote in the presence of all candidates or their designee desiring to be present at such canvass, and shall keep proper tallies of the count. The votes cast for candidates shall be counted immediately after the close of the polls and shall be reported to the membership if still in session or to the local Executive Board who shall be required to meet within 72 hours to certify the vote. All election records, including ballots, shall be retained by the local for at least one year after the election.

    11. Write-in candidates shall not be allowed. Voting for fewer than the number of vacancies in the position shall be allowed. To be valid, a ballot must show no more votes for each office than there are vacancies. In any case where there is only one nominee for office, such nominee shall be declared elected.

    12. 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.

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

      "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), Riverside chapter, and that I will deliver to my successor in office all books and papers and other property of this union which are in my possession at the close of my official term."

  4. Campaigning

    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, or by email to members through the local board. The Local's newsletters, leaflets, office and equipment, property and address information may not be used to support any one person's candidacy, but by vote of the membership, the decision may be made to allow equal space or access to all candidates for office.

  5. Protests

    Any protest concerning the election must be filed in writing with the local Executive Board, in care of the local President within 10 days following the election. Such protest shall be decided by the Local Board within 30 days after filing of the protest. Further steps are spelled out in the statewide constitution.

  6. Vacancies

    1. Arrangements for special elections to fill vacancies on the local Executive Board shall be made by the remaining local Executive Board members, in consultation with other members present, at the local's next regular meeting.

    2. Vacancies in office shall be filled in the following manner: A) If less than 4 months remains in their term, vacancies shall be filled by vote of the Executive Board; B) If 4 months or more remain to be served, the vacancy shall be temporarily filled as above, with new elections to be held as soon as possible, but in no case more than 60 days after the office is vacated.

Article 6: Duties of Officers and Executive Board

  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 shall preside at all meetings of the general membership and of the local Executive Board. He or she 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 member of all committees. He or she may co-sign checks.

  2. The Vice-President shall assist the President in the work of his/her office and shall perform the duties of the President in the President's absence. He or she may also co-sign 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.

  4. The Treasurer shall receive and receipt all monies of the local union which are to be handled at the local level. He or she 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. Officers with signatory power shall be the President, Vice President, and the Treasurer. 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. He or she 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 shall provide the CUE Statewide Treasurer with local financial information as required.

  5. The three Statewide Executive Board Members shall be responsible for keeping in touch with the jurisdiction and shall bring knowledge of the members' positions to the local and statewide Executive Boards. These three Executive Board Members shall be the official Riverside representatives on the statewide Executive Board having voting privileges on all statewide matters. They are also official representatives on the local Executive Board. Executive Board Members shall make regular reports of all statewide Executive Board meetings to the local Executive Board.

  6. 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 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.

  7. At the request of a member or steward, the local Executive Board will consider whether to approve a grievance going to arbitration, referring positive recommendations to the statewide Executive Board. If the Statewide Board approves taking the case to arbitration, payment of expenses will be as described in the statewide constitution (V,B,7). If the grievant or steward is not satisfied with the Local Board's decision, the grievant may appeal to the Statewide Executive Board. The decision of the Statewide Executive Board is final.

Article 7: Committees

  1. Standing committees shall be established, as needed, by the local Executive Board, subject to the approval of the general membership at a regular or special meeting or through postal or electronic polling in conformity with Article 5. The chairpersons of standing committees shall be ex-officio non-voting members of the local Executive Board.

  2. The grievance committee shall be a standing committee. It shall be notified of all grievances and shall be composed of not less than three members.

  3. The Action Committee is a standing committee and shall be made up of local activists who will advise the Executive Board on actions to be taken locally in order to support organizing campaigns and support bargaining.

Article 8: Meetings

  1. The Executive Board will call a membership meeting at least once a month.

  2. An annual meeting of the general membership shall be held in the first quarter of the year, with election results being announced at that time, if applicable. Notice of the annual general membership meeting shall be sent to members at least 21 days prior to the meeting.

  3. Special meetings of the general membership may be called by the local Executive Board and must be called upon the written request of 10 percent of the membership. Notice of these special meetings shall be sent to members prior to the meeting and specifically state the purpose, time and place. In addition, individual members may petition the local Executive Board for special meetings to address specific issues.

  4. The local Executive Board shall hold a regularly scheduled monthly meeting. 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 that require a closed meeting.

  5. Quorum for a general membership meeting, regular or special, will be 12 members.

Article 9: Referenda

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

  2. Once a referendum has been successfully called for, the Executive Board shall refer the matter to a vote to be called within 30 days. The Executive Board shall send notification to all members and it shall include the referendum and the arguments representing different points of view.

  3. The results of a referendum shall be considered valid if 30% of the members have voted, and 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 10: Miscellaneous Provisions

  1. The Riverside chapter of CUE shall at all times be subject to the provisions of the constitution of the statewide CUE. The provisions of statewide CUE's constitution govern the Riverside local for all matters not specifically addressed in this constitution.

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

  3. The local Executive Board can establish procedures whereby electronic mail or other technologies can be utilized to carry out the business of the local union 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 to be given the opportunity for timely participation in union decision making and elections, but it is the responsibility of the member to notify the union of accurate contact information.

  4. The Executive Board of the local is authorized to make endorsements, join coalitions, and work with other unions and other organizations to accomplish the objectives of the local. Whenever possible, such endorsements and actions shall be made in concert with the general membership. All endorsements, affiliations and actions made by the local Executive Board must be reported to the general membership, and are subject to approval.

  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.

  6. The Riverside representative to the Bargaining Committee shall be elected by the Riverside CUE members, and have seat and voice but no vote on the Riverside Executive Board, unless they already hold an elected position on the Executive Board. Bargaining team representatives shall not be precluded from holding any other position on the Executive Board

    Election for the Local's representative on the statewide Bargaining Committee will occur just prior to the start of each new bargaining cycle and according to the elections procedures outlined for members of the Board. Unless there is an alternate elected to replace the elected bargainer for that campus, vacancies in this position will be filled by the same procedures as those for members of the Local Executive Board.

  7. Elections for the Local's representative to the statewide Elections Appeals panel will occur at the same time as the elections for local Board, and the same procedures shall be followed for election and for filling vacancies in this position as are followed for members of the Local Executive Board. A member may not hold position on the local or statewide board and as a member of the statewide appeals panel.

  8. An annual audit of the Riverside Local accounts shall be conducted no later than March 31 for the previous year. An audit committee of three members shall be appointed by the Executive Board.

  9. Recall: A petition signed by 60% of the local members which 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. 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.

  10. 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 receive fair treatment. All open staff positions shall be advertised for a reasonable period of time. Direction of the staff will be though the Executive Board or by a person or persons delegated by the Board. These provisions can be superceded by a collective bargaining agreement.

Article 11: Amendments

This constitution may be amended, revised, or otherwise changed only by a vote of a simple majority of the members voting on such proposed change. At least 30% of the members must participate in the vote. Proposed amendments to this constitution may be initiated by vote of a general membership meeting or by the local Executive Board. Proposed amendments to this constitution may also be initiated by petition of 20% of those members in good standing provided that the motion has first been introduced and the intention to call for a vote declared at a general membership meeting or by postal or electronic mail to the whole membership, fifteen days written notice having been given to the membership prior to the date on which the vote is taken. A written copy of the proposed amendment shall be furnished to each eligible voter prior to the date on which the vote is taken. Provision shall be made for argumentation representing different points of view to accompany proposed amendments. Implementation of a proposed constitutional amendment shall require a majority of the members voting by postal or electronic mail.

http://www.cueunion.org/riverside/r-cuecon.php        20-November-2008 15:12:11
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