Constitution for UCLA local CUE
PREAMBLE
We, the clerical employees at the University of California have
joined together to assure that our right to work in an environment of
fair treatment and to earn a living wage is maintained. This union
will further provide a venue to address areas of an individual
employee's right to redress when wronged by management. Therefore,
we put forth this Constitution to provide for the establishment of
the UCLA local of the Coalition of University Employees, which
represents the clerical employees (officially recognized as the
exclusive bargaining unit). This local constitution shall be
consistent with the state
CUE constitution and will be revised as
required to meet this objective.
CUE/UCLA will operate in the spirit of solidarity with other workers,
both organized and unorganized.
ARTICLE I: NAME
The name of this organization shall be the Coalition of University
Employees at UCLA (CUE at UCLA, or Local #4 of CUE). This is a
chapter of a nonprofit California corporation chartered by the
Coalition of University Employees.
ARTICLE II: AFFILIATIONS
This local is unaffiliated with any other union. Affiliation can only
be approved by membership vote of statewide CUE in accordance with
the provisions of the
statewide constitution.
ARTICLE III: OBJECTIVES
The objectives of this local shall be to carry out the objectives of
statewide CUE; to secure better wages and working conditions; to
obtain participation in making decisions affecting our working lives;
and to cooperate with other locals and unions represented on this
campus to promote these goals.
ARTICLE IV: MEMBERSHIP AND DUES
Section 1. All employees in the clerical (CX) unit at UCLA are
eligible for membership in this local union, subject to the
requirements of the Constitution of statewide CUE.
Section 2. Application for membership shall be made on a standard
application form.
Section 3. The monthly dues for members of this local shall be set in
accordance with the statewide constitution of CUE.
Section 4. Any member, who is paying his or her dues through a system
of regular payroll dues deduction, for so long as he or she continues
to pay through such deduction method, shall be considered a member in
good standing. All dues shall be paid monthly by payroll deduction,
unless the member is on non-pay status (e.g. on layoff status,
furlough, approved leave of absence, or waiting for grievance
resolution).
ARTICLE V: MEETINGS
Section 1. Regular membership meetings of this local shall be held at
least once a month, at a time and place to be fixed and announced to
all members in a timely manner by the local executive board.
Section 2. Special meetings may be called by the local president or
executive board, or by petition filed with the local president and
signed by 10% of the local general membership. Once such a petition
is filed and the signatures verified by the local Secretary, the
Executive Board is obligated to schedule a meeting within 30 days of
the filing. Notice of these special meetings shall be sent to
members prior to the meeting and specifically state the purpose, time
and place.
Section 3. The attendance at a membership meeting shall be held to
constitute a quorum of the local membership. Reasonable attempts
shall be made to notify all members of meetings.
ARTICLE VI: OFFICERS, DUTIES & RECALL, NOMINATIONS, AND ELECTIONS
Section 1. Officers, Terms of Office:
a. The officers of this local shall be a President, a Vice
President, a Recording Secretary, a Treasurer, and three local
Executive Board Member-At-Large; these seven shall constitute the
local Executive Board.
b. All officers and Board members shall be elected for a term of 2
years, this includes after the initial elections. There are no term
limits.
c. Eligibility to hold office: To be eligible for office, a member
must be in good standing of the local union. 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.
Section 2. Elections & Elections Committee:
a. The entire election process shall be conducted by the Election
Committee comprised of at least three members selected by the local
Executive Board. No member of the Election Committee may be a
candidate for office.
b. 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.
c. Elections for all 7 positions on the Local Board will take place
at the same time, at 24-month intervals following the initial
elections held under this constitution. In addition, there shall be
elected three members who shall serve as trustees (see
Article IX).
Their term of office shall be two years. Initial elections will be
held during the month of September 2001.
d. Notice of the opening of nominations and the elections timetable
shall be given by postal mail to the membership 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.
e. No member may accept nomination for more than one position on the
local board, and a nominee is required to indicate in writing by or
before the close of the nominations period the specific position
whether she/he accepts or declines the nomination for the specific
position. If there is only one nominee for a position that person
shall be declared elected and installed at the same time as other
elected officers.
f. The period of time between the announcement of the opening of
nominations and the vote count may not exceed 85 days.
g. 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.
h. 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.
i. 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 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 possible.
j. 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.
k. All election records, including ballots, shall be retained by the
local for at least one year after the election.
Section 3. Installation: Those elected shall be installed in office
within 7 days after 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 Local
#4) 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."
Section 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 (postage and contents). The Local's newsletters, leaflets,
office, equipment and property, may not be used to support the
candidacy of any one person or slate.
Section 5. Protests:
a. The Local will adhere to procedures for election challenges and
protests contained in the CUE constitution and appendices and any
amendments made thereto. 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.
b. Such protest shall be decided by the Local Board within 30 days
after filing of the protest. Tardy protests or protests not properly
filed will not be honored. Further steps are spelled out in the
statewide constitution.
Section 6. Vacancies: If vacancies occur in positions of President,
Vice President, Treasurer, Recording Secretary or Executive Board
Member, the vacancies shall be filled by vote of the membership if
more than 180 days remain in the term at the time the vacancy occurs.
In case of a vacancy in the position of Local President, the Local
Vice President shall serve as acting president until new elections
are held. If less than 180 days remain in the term for a vacant
position of President, Vice President, Treasurer, Secretary, or
Executive Board Member, the vacancy may be filled by vote of the
Local Executive Board.
Section 7. Recall: A petition for the recall of an officer must be
signed by 10% of the local members. The Secretary shall certify the
signatures, and upon certification shall call for a vote on the
removal of the officer. If the Secretary is the subject of the
recall, the local President shall certify the signatures and call for
a vote. The vote will take place in accordance with the rules for
Referenda (
Article XI). 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; (2) willful violation of the
constitution; (3) misappropriation of funds; or (4) malfeasance in
office or neglect of duty.
Section 8. Duties:
a. 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. He or she may co-sign checks.
b. 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.
c. 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.
d. 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.
e. 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. A
report on all actions taken by the local Executive Board shall be
made to the membership at the next meeting.
f. The local Executive Board shall hold regularly scheduled
meetings, at least one per month. Special meetings of the local
Executive Board shall be held at the request of the President or
majority of the local Executive Board. Members of the local may
attend the local Executive Board meetings unless personnel matters
are to be discussed that require a closed meeting. A majority of the
membership of the local Executive Board shall be required for a
quorum.
ARTICLE VII. STATEWIDE BARGAINING TEAM REPRESENTATIVE, STATEWIDE
EXECUTIVE BOARD, AND ELECTION APPEALS PANEL
Section 1. Elections for the three campus representatives to the
statewide Executive Board and for the Local's representative to the
statewide Election Appeals panel will occur at the same time as the
elections for local 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. A member may run for and be
elected to statewide representative position and a position on the
local Board. Term of office for the three campus reps to the
statewide Board and Elections Appeal panel are set is 2 years by the
statewide constitution.
Section 2. 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 elections 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 this local, vacancies in this
position will be filled by vote of the members at a membership
meeting to be supplemented by in-person polling stations. 15 days
notice shall be given to members by US mail of this meeting, at which
nominations will be closed and voting will occur. Additional voting
will be allowed at in-person polling stations and will be closed
within 3 workdays of the meeting. Nominations will be accepted at the
meeting and prior to the meeting, by email or regular campus mail.
For the period of time between the occurrence of the vacancy and the
election of a new bargainer, the Executive Board will appoint an
acting bargainer for the local.
Section 3. Eligibility to hold any of the positions named in this
article (VI) shall be the same as for Local Executive Board.
Section 4. Vacancies: If vacancies occur in positions of Statewide
Bargaining Team Representative, Statewide Executive Board member, or
Election Appeals Panel member the vacancies shall be filled by vote
of the membership if more than 180 days remain in the term at the
time the vacancy occurs.
ARTICLE VIII: TRUSTEES
Section 1. There shall be three trustees and they will be elected at
the same time, as are other local officers. All requirements for
such things as eligibility, elections, campaigning, vacancies, recall
shall be the same for trustee positions as for local officers.
Section 2. The trustees shall examine the local's financial records
at least annually, and shall report on their accuracy and the state
of balances at a local membership meeting. Local trustees may not
hold any other elected office in the local.
Section 3. Eligibility to hold office: To be eligible for office, a
member must be in good standing of the local union. 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.
Section 4. Trustees shall be elected the first time with other
officers. Thereafter, new trustees will be voted on when their two
year term of office is completed.
ARTICLE IX: STEWARDS' COUNCIL
Section 1. The stewards' council shall consist of all stewards of the
local. Each steward shall have one vote on the council. Stewards
shall be nominated or volunteer, subject to ratification by a
majority vote of the general membership meeting.
Section 2. The stewards' council, with nominations and elections to
be held at the January steward's council meeting, shall elect a chief
steward & recording secretary. The term of the chief steward will be
one year. The chief steward shall be charged with administering the
affairs and executing the votes of the stewards' Council. He or she
shall be a non-voting member of the Executive Board of the local. The
council's recording secretary shall be responsible for taking minutes
at each regular or special meeting of the steward's council, and for
maintaining those minutes.
Section 3. The stewards' council shall be responsible for
implementing the policies established by the general membership
and/or the executive board in the areas of representation and
contract enforcement. The stewards' council shall also be responsible
for making a recommendation to the local executive board as to which
grievances shall be taken to arbitration.
Section 4. Meetings of the stewards' council shall be held
periodically as determined by the council. Special meetings may be
called by the chief steward, by 5 stewards, or by a majority of the
local executive board.
ARTICLE X: COMMITTEES
Standing committees shall be established, as needed, by the general
membership, or by the executive board subject to the approval of the
general membership at a regular or special meeting. The chairs of
standing committees shall be ex-officio consultants of the executive
board.
ARTICLE XI: REFERENDA
Section 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.
Section 2. Once a referendum has been successfully called for, the
executive board shall refer the matter to 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.
Section 3. The results of a referendum shall be considered valid if
40% of the members have voted, and will be determined by a simple
majority of votes cast.
Section 4. Matters not subject to referendum are employment,
assignment, promotion, discharge or compensation of staff.
ARTICLE XII: AMENDMENTS
This constitution may be amended, revised, or otherwise changed by a
vote of two thirds (2/3) of the members voting on such proposed
change and such change shall take effect only upon written approval
of the statewide executive board. Proposed amendments to this
constitution must be read at a regular or special meeting of the
local union and read and voted on at a subsequent meeting of the
local union at which a quorum shall consist of 30% of the membership
at the campus. This quorum may be achieved through inclusion of email
vote. At least fifteen days prior to the date on which the vote is
taken, a written notice of the vote, a copy of the proposed
amendment, a copy of the original language (where applicable) and
arguments providing different points of view shall be furnished to
each eligible voter.
ARTICLE XIII: MISCELLANY
Section 1. All provisions of the statewide constitution that are not
herein promulgated shall bind this local. The local constitution will
be revised to remain consistent with the state constitution when the
state constitution changes.
Section 2. The funds or property of this local 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 Executive Board, or as may be required to transact and properly
conduct the business of this local.
Section 3. 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.
Section 4. 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, but it is the responsibility of the member to notify
the union of accurate contact information.
Section 5. 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.
Section 6.
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 XIV: 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. The Board will through the
Executive Board or by a person or persons delegate direction of the
staff. These provisions can be superceded by a collective bargaining
agreement.
ARTICLE XV: BILL OF RIGHTS OF MEMBERS (See
Statewide CUE Constitution)