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Santa Barbara Local #1

Local Constitution

Below is our local constitution. It was the first local CUE constitution ratified in the entire state.

Local Constitution

Coalition of University Employees, Santa Barbara

Adopted July 28, 2000
Amended May 20, 2004

Article 1: Name

This organization shall be known as the Coalition of University Employees (CUE), Santa Barbara Local #1. CUE Santa Barbara Local #1 is a chapter of an unincorporated nonprofit association chartered by the Coalition of University Employees.

Article 2: Objectives

The objectives of this organization shall be to represent its members in all 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.

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, Santa Barbara and those employees of the University of California Office of the President (UCOP) who work on or near the Santa Barbara campus. 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, color, ancestry, religion, marital status, physical or mental handicap, medical condition, age, gender, sexual preference, national origin, citizenship, status as a veteran, 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.

Article 5: Officers and terms of office

  1. The officers of this local shall be a President, a Vice President, a recording Secretary, a Treasurer, and three Executive Committee members; these seven shall constitute the local Executive Board. All officers shall be elected for a term of 2 years. The President, Secretary and one Executive Committee member shall be elected in odd-numbered years. The Vice President, Treasurer, and two Executive Committee members shall be elected in even-numbered years.
  2. The three local Executive Committee members will serve on the local Executive Board, and also on the statewide Executive Board. The term of office for the statewide Board is two years as set forth in the statewide constitution.
  3. In addition, the local shall elect one representative to the statewide Election Appeals Panel for state and local election appeals. The term of office for the statewide Election Appeals Panel is two years as set forth in the statewide constitution. The representative to the statewide Election Appeals Panel shall be elected in odd-numbered years.
  4. The local shall elect one Bargaining Representative and one Alternate Bargaining Representative as needed, and these representatives shall serve for one 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.

Article 6: Duties of Officers and Bargaining Representatives

  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 be responsible for preparing a budget for each fiscal year. The fiscal year shall be the same as the calendar year. The budget shall be presented to the Executive Board for approval by October of each year. 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. He or she shall, at the expense of the local union, give a surety bond for an amount to be fixed by the local Executive Board of the local union. The Treasurer shall be a member of the statewide Finance Committee and shall attend teleconference meetings as necessary.
  5. The Executive Committee 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 Committee Members shall be the official Santa Barbara representatives on the statewide Executive Board having voting privileges on all statewide matters. The local representatives to the statewide Executive Board shall be responsible for ensuring local representation at all scheduled meetings of the statewide Executive Board. They shall represent the interests of the local on all discussions, proposals, and votes and shall make regular reports to the local Executive Board on all actions taken. They are also official representatives on the local Executive Board having voting privileges on all local matters.
  6. The Bargaining Representative and Alternate Bargaining Representative shall be responsible for ensuring local representation at all scheduled meetings of the statewide bargaining team for preparation, training and contract bargaining. 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 local Executive Board and/or members as requested.
  7. The representative to the statewide Election Appeals Panel shall serve as directed by the statewide constitution.

Article 7: Local Executive Board
  1. The Executive Board of CUE Local #1 shall consist of the President, Vice-President, Secretary, Treasurer, and the three Executive Committee members. Each member shall have one vote. A quorum for the local Executive Board shall be four. The local Executive Board shall be responsible for adherence to and enforcement of the constitution.
  2. The local 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 local 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.
  3. The local Executive Board shall be vested with the power to authorize expenditures for items in the approved budget. The local Executive Board shall have the power to authorize non-budget items up to $1,000. Any non-budget expenditure over $1,000 must be approved by majority vote at a membership meeting. The local Executive Board shall authorize the signatories for all local contractual and financial matters.
  4. The local Executive Board shall reimburse officers, stewards, members, and staff for normal expenses incurred in the performance of authorized union business. If the local Executive Board recommends compensation for officers or stewards, the Election Committee shall hold a secret ballot vote of the membership according to election procedures in this constitution.
  5. Where not defined in the constitution, the local 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. 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.

Article 8: Nominations and Elections

  1. Elections shall occur during the Spring quarter of each year. Elections shall be conducted by the Election Committee comprised of at least three volunteers confirmed by the local Executive Board, or if no volunteers step forward, selected by the President and confirmed by the local Executive Board. An announcement shall be mailed to every union member at last known home address at least 15 days prior to the opening of nominations. This announcement will include information on how to make a challenge or protest, and the timeline of the election. The period of time between the announcement of the opening of nominations and the vote count may not exceed one hundred twenty (120) days.
  2. Nominations for all officers shall be made at a regular meeting of the local, or via postal or electronic mail. At least fifteen days shall be given the membership prior to the closure 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. No member may accept nomination for more than one position, and a nominee is required to indicate at the conclusion of nominations 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.
  3. To be eligible for office, a member must be in good standing for at least six months immediately preceding the election. Voting members must not be more than two months in arrears in payment of dues.
  4. 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. Ballots shall be mailed to the membership fifteen to thirty (15-30) days following the close of nominations. Deadline for receipt of return mail ballots shall be between fifteen and twenty (15-20) days after the ballots are mailed to members.
  5. The Election Committee shall conduct and supervise all elections; it shall pass on the rights of members presenting themselves to vote if such right is challenged, and shall keep records of the members voting. The Election Committee shall count and canvass 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. 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. The Election Committee shall provide recommendations to the Executive Board regarding any election protest.
  6. Voting by proxy shall not be permitted. No nominating speech may exceed two minutes at a regular or special meeting. 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. No money or other resources from CUE Local #1 shall be spent or used for any individual or slate of 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 or slate of candidates. Local publications shall not support or recommend an individual or slate of candidates.
  7. When there is only one nominee for an office, it is required that an alternate choice through the process of a no vote be afforded members voting. Should the no vote receive the highest number of votes cast, the presiding local Executive Board shall fill the position by appointment (see Article 10, Vacancies, below). The previous nominee would not be eligible for appointment.
  8. 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. 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. All election records, including ballots, shall be retained by the local for at least one year after the election.
  9. 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), Santa Barbara 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.

Article 9: Election Challenges and Protests

  1. Any member may challenge the eligibility of any nominee for elected office. Such challenge must be made in writing to the Election Committee no later than five (5) days following the close of nominations. The Election 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 Election Committee to the local Executive Board within ten days of the Election Committee's decision. The decision of the local Executive Board may be appealed to a special meeting of the general membership.
  2. Following any election or vote, 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 presiding local Executive Board within ten 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.
  3. The local 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 local Executive Board shall make their decision within thirty (30) days of the filing of the protest. The decision of the local Executive Board may be appealed to the statewide Election Appeals Panel as provided for in the statewide constitution.

Article 10: Vacancies
  1. An elected officer who resigns from or transfers out of the clerical unit shall immediately notify the local 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 clerical 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.
  2. In the event of a vacancy in an office other than the President, the local Executive Board shall appoint a successor for the remainder of the unexpired term. The local Executive Board shall fill all vacancies within thirty (30) days of the occurrence of the vacancy. No member of the Elections Committee shall be eligible to fill a vacancy. In the event of a vacancy in the office of President, the Vice President shall fill the remaining term of office. Should both President and Vice President be unable to fulfill their terms of office, a special election shall be called within thirty (30) days.
  3. In the event of a vacancy in the office of Bargaining Representative, the Alternate Bargaining Representative shall fill the remaining term of office. Should both Bargaining Representative and Alternate Bargaining Representative be unable to fulfill their terms of office, the local Executive Board shall appoint a successor for the remainder of the unexpired term.

Article 11: Recall of Officers

  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) which must be defined as 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. The petition must be signed by a minimum of 30% of the local membership. Such signatures must be dated no more than thirty (30) days prior to the date of submission of the petition for recall.
  2. Upon receipt of such petition, the secretary or (if the secretary is the subject of the recall) the president shall notify the local Executive Board who shall provide, within 72 hours, all information necessary for verification that the signatures included on the petition are from local members.
  3. Having verified that a recall petition meets all criteria outlined above, the secretary or (if the secretary is the subject of the recall) the president shall certify it a valid recall petition and, within two 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, and the date of the recall vote.
  4. Any recall vote shall be held no sooner than two weeks, but no later than two months, from the date on which the secretary or (if the secretary is the subject of the recall) the president has certified the recall petition. The recall vote shall be determined by secret ballot and shall be conducted by mail. Within twenty-four (24) hours of the deadline for voting, the Election Committee shall count all ballots received and announce the results. A successful recall shall be effective immediately upon the Election Committee's announcement. Any vacancy resulting from a successful recall will be filled by special election, which can be conducted at the same time as the recall vote.

Article 12: 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 Stewards committee shall be a standing committee. It shall meet on a regular basis to keep apprised of all grievances and shall be composed of not less than three members.
  3. The Election Committee shall administer elections and count recall ballots. The conduct of elections shall be in conformity with the constitution of the statewide CUE.

Article 13: Meetings

  1. A meeting of the general membership shall be held at least quarterly. Reasonable notice of the general membership meetings shall be sent to members prior to the meeting. The local 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 local Executive Board.
  2. 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.
  3. 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.

Article 14: Referenda

Referenda may be initiated by vote of a general membership meeting or by the local Executive Board. Referenda 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 a referendum declared at a general membership meeting or by postal or electronic mail to the whole membership. Provision shall be made for argumentation representing different points of view to accompany referenda. Implementation of a motion introduced by referendum shall require a majority of the members voting by postal or electronic mail.

Article 15: Strikes

A strike may be called by two-thirds vote where a quorum will be 40% of the membership, and ended by simple majority vote of either a general membership meeting or a mail vote in which at least 30% of the membership responds. 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 16: Protection of the Union

Members may be charged and tried for engaging in activities that are detrimental to the organization. These activities shall be narrowly defined, and should not preclude the expression of personal political opinions, publicizing opinions about the leadership of CUE, or disagreement with actions undertaken by CUE. Some activities, however, should be considered contrary to building a rank and file union, and should be grounds for discipline or expulsion. Examples include: making agreements with management on grievances or unfair practice charges about which the involved grievant member is unaware; giving confidential union information to management; providing management with information that interferes with the organization pursuing its goals; disruptive behavior in meetings such as repeated failure to abide by Robert's Rules of Order when asked to by the chair; other actions that interfere with other members' right to express their opinions and participate fully in the organization; improper use of union funds; etc. The procedure by which the union can protect itself from individual members is spelled out in the statewide constitution, Appendix B.

Article 17: Miscellaneous provisions

  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 EEOC guidelines. Supervision shall be by the local Executive Board or by a person or persons appointed by the Board. These provisions may be superseded by a collective bargaining agreement.
  2. The Santa Barbara 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 Santa Barbara local for all matters not specifically addressed in this constitution.
  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.
  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 and elections, but it is the responsibility of the member to notify the union of accurate contact information.
  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.
  6. Should the need arise to have elected delegates for a statewide union convention, this local will hold a special general membership meeting. Notice for this special general membership meeting will be sent to the entire membership at least twenty-one (21) days in advance of the meeting informing the membership that up to three (3) delegates will be chosen and giving whatever information is available regarding the upcoming convention. At the special general membership meeting, nominations will be taken for up to three (3) delegates. Nominees will be allowed two (2) minutes each to address the membership, if desired. A vote of the membership will be taken by hand or voice count, and up to three (3) delegates will be chosen to represent Santa Barbara at the statewide convention. The delegate(s) will be accorded all voting rights and privileges accorded to all other delegates to the convention. Reasonable travel expenses not already paid for by statewide funds shall be provided to the delegate(s) from local funds. Nothing shall prevent the local Executive Board from voting to provide funding for additional attendees to the convention. Following the convention, the delegate(s) shall report to the local Executive Board on all actions taken by the convention.
  7. 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 18: Amendments

This constitution may be amended, revised, or otherwise changed only by two-thirds vote where a quorum will be 51% of the membership. Proposed amendments to this constitution may be initiated by a majority of the local Executive Board or by petition of 20% of those members in good standing. A written copy of the proposed amendment shall be furnished to each eligible voter at least fifteen (15) days 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.

http://www.cueunion.org/ucsb/sbcuecon.php        20-November-2008 15:17:13
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