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Los Angeles Local #4

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)

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