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Local Constitution
COALITION OF UNIVERSITY EMPLOYEES
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ARTICLE I — NAME
The name of this organization shall be the Coalition of University Employees (CUE), San Francisco, Local 6.
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ARTICLE II — OBJECTIVES
The objectives of CUE Local 6 are to organize and represent clerical
employees at the University of California San Francisco, in order to
secure fair wages and better working conditions; to provide a
democratic process by which this purpose can be accomplished; to
contribute the Local's energies toward a renewed activist labor
movement and toward support of public education at the University of
California San Francisco.
- To provide information, education, and support to
all members and to strengthen and safeguard democratic principles and
rights for the members;
- To defend and promote the right to work in an atmosphere
free of abusive or demeaning treatment. To fight against all forms of
discriminatory practices, which adversely affect worker's human and
civil rights;
- To participate in making decisions that affect our working lives;
- To foster cooperation among unions representing
employees at the University of California. To cooperate with other
labor organizations and other organizations to improve the quality of
life for working people everywhere;
- To be vigilant concerning the many health and safety
problems which undermine the health and shorten the very lives of
clerical workers. To fight for health and safety on the job;
- To engage in civic, social, political, legal,
legislative, economic, cultural and educational activities, on a local,
national or international level that shall support the needs of workers.
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ARTICLE III — 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 San
Francisco, campus and hospital.
- Only dues-paying members shall be allowed to vote and hold office;
- Currency of employment includes employees on layoff
status, on furlough, on approved leaves of absence, and waiting for a
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.
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ARTICLE IV — 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 by payroll deduction unless the member is on
non-pay status, e.g., on lay-off, furlough, approved leave of absence,
or waiting for grievance resolution. In such cases the member may pay
dues directly to the Statewide Office.
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ARTICLE V — OFFICERS, ELECTIONS, PROTESTS, RECALL
- OFFICERS, TERMS OF OFFICE:
- The officers of this local shall be a
President, a Vice President, a Recording Secretary, a Treasurer, and
three (3) local Executive Board members. These seven (7) shall
constitute the local Executive Board.
- All officers and Board members shall be elected for a term of two (2) years.
- ELIGIBILITY TO HOLD OFFICE:
- A member must be in good standing for at least four (4) months immediately preceding the election
- Any member serving a term of office who is on medical/disability leave, may complete their term of office.
- Any member serving a term of office who is fired,
laid-off and who is grieving management's action, may complete their
term of office.
- INELIGIBILITY TO HOLD OFFICE
- Any member serving a term of office
whose position is moved outside of the bargaining unit by
reclassification or privatization shall not complete the remainder of
the term of office.
- Any member serving a term of office who leaves the
bargaining unit by resigning or by transferring to a job outside the
bargaining unit shall not be allowed to complete the remainder of the
term of office.
- ELECTIONS AND ELECTIONS COMMITTEE:
The entire election process shall be conducted by the Election
Committee comprised of at least three (3) members. The composition of
the election committee shall be determined at a local membership
meeting. No member of the Election Committee may be a candidate for
office.
- Eligibility - The election
committee shall verify the membership status of all persons nominated
for office or presenting themselves to vote if such a right is
challenged.
- Advance Notice - At least fifteen (15) days advance
notice of the opening of the nomination period shall be sent to the
membership via first class mail. In no case shall the nomination period
be less than fifteen (15) business days. This notice shall include
information about the nomination process: how to make a nomination,
what determines nominee eligibility, and how to challenge or protest
nominations.
- Duration - The period of time between the announcement of the opening of nominations and the vote count may not exceed 85 days.
- Regular Elections - Elections for all seven positions
on the local Board will take place at the same time. Nominations for
the initial elections to take place following ratification of this
constitution will be opened at the first monthly General Membership
meeting following ratification and shall remain open until the close of
the next regular General Membership meeting. In all future elections,
nominations shall be opened at the monthly General Membership meeting
held in August and shall remain open until the close of the September
General Membership meeting. Regular elections shall be held at 24-month
intervals following this election.
- Nominations - Nominations for all positions shall be
made at a General Membership meeting, or via electronic mail.
Nominations shall be permitted from the floor at either of the
membership meetings or via electronic mail until 5:00 pm on the day of
the General Membership meeting at which nominations are closed. As the
nomination period proceeds, and before the close of nominations,
members will be regularly informed of the names of those nominated, as
the nominations occur, and whether the nominees have accepted or
declined the nomination as of that time.
- No member may accept nomination for more than one (1)
position on the local board. A nominee is required to indicate in
writing by or before 48 hours after the close of the nomination period
1) whether she/he accepts or declines the nomination and 2) if
accepting, the specific position for which the nomination is being
accepted.
- Following the close of the nomination period, if only
one member has been nominated for a given position, that member shall
be deemed elected.
- Balloting - 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. Ballots shall be mailed by first class mail to members not
less than 20 days before ballots are counted. Included in the mailing
will be: the ballot, 2 envelopes (one blank for the ballot, and one
post paid, return address printed), candidates' statements (each not to
exceed one side of an 8-1/2 x 11 paper).
- The Elections Committee shall determine whether any
given election will have in-person balloting sites, being mindful that
every member is entitled to a reasonable opportunity to vote.
- 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.
Upon completion of the vote, under supervision of the Election
Committee the ballots shall be tabulated and the candidate for each
office receiving the highest number of votes cast for that office shall
be declared elected.
- No candidate for office shall have access to the
ballots prior to or during election. The Elections Committee shall have
sole access to the ballots to ensure the privacy and the fairness of
the balloting.
- Records - All election records, including the ballots,
shall be retained by the local for at least one (1) year after the
election.
- INSTALLATION
Those elected shall be installed in office immediately upon
declaration by the Election Committee of the results of the election.
The elected shall sign and affirm the following, which shall be
provided by the Election Committee.
"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 of Employees (CUE Local 6)
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."
- CAMPAIGNING
- The Local's staff, newsletters,
leaflets, office, office equipment and property, may not be used to
support the candidacy of any one person or slate, other than the
candidate's statements as described in D.8.
- Each candidate will be given a names-only list of the
current membership. Any other information shall be made available in a
manner consistent with Local 6's implementation of the JMI Policy.
- PROTESTS
- The Local will adhere to procedures for election challenges and protests contained in the CUE statewide 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
announcement of the results of the election.
- 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 procedures and appeal
steps are spelled out in the statewide constitution.
- VACANCIES
- If vacancies occur in positions of
President, Vice President, Treasurer, Recording Secretary or Local
Executive Board Member, and if more than 180 days remain in the term at
the time of the vacancy, the position shall be filled by vote of the
membership. 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.
- RECALL
A petition signed by 55% 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 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:
- Having engaged in conduct or a course of activity hostile or contrary to the bests interests of the union;
- Willful violation of the constitution;
- Misappropriation of funds, or,
- Malfeasance in office or neglect of duty.
- DUTIES
The UCSF CUE membership is the highest governing body of Local
6. Members shall hold regular scheduled meetings at least once a month.
The Local Executive Board shall govern on an as needed basis.
- The President:
The President of the Local acts as the primary representative
of the membership to the University of California San Francisco
administration. The President is the presiding officer at Membership
and Executive Board meetings, and is responsible for the implementation
of the decisions made by the membership and Executive Board.
- The Vice-President:
The Vice-President shall assist the President in the work of
her/his office and shall perform the duties of the President in the
President's absence.
- The Recording Secretary
The Recording Secretary shall be responsible for recording or causing to be recorded the following:
- Motions passed at all local meetings,
including meetings of the Executive Board, Standing Committees and all
Ad Hoc committee meetings; and
- Be responsible for guaranteeing that the monthly membership meeting notices are mailed in a timely manner by 1st Class mail.
- The Treasurer
The Treasurer shall receive and receipt all monies of the local
union, which are to be handled at the local level. He/she shall:
- Deposit or arrange for the transfer of
all funds received in the name of the Local, into a bank or banks
selected by the local members;
- Prepare checks, or
otherwise transfer funds, for such purposes as are required by the
constitution or are authorized by the local Executive Board and
membership at a regular or special meeting.
- Money deposited shall be withdrawn only by countersigned check.
- Officers with signatory power shall be the President, Vice President and the Treasurer.
- Local Executive Board Member
Local Executive Board Members provide support to the Table Officers as may be required.
ARTICLE VI — MEMBER OF STATEWIDE BARGAINING TEAM, STATE-WIDE EXECUTIVE BOARD & ELECTION APPEALS PANEL
- STATEWIDE EXECUTIVE BOARD & STATEWIDE ELECTIONS APPEALS PANEL:
For the three (3) campus representatives to the statewide
Executive Board terms shall be for the two (2) years beginning June 20,
2000. For the Local's representative to the statewide Elections Appeals
panel shall begin August 2002. The same procedures shall be followed
for their election and for filling vacancies as indicated in V. H. 1 and 2.
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 representatives to the statewide board and elections
appeal panel are set as two (2) years by the statewide constitution.
- STATEWIDE BARGAINING COMMITTEE:
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 shall be elected at the same time. The alternate
will replace as the Bargaining Representative as needed. Vacancies will
be filled by vote of the members at a membership meeting, which may be
supplemented by in-person polling stations. Fifteen (15) days notice
shall be given to members by US mail of this meeting, at which
nominations will be closed and voting will occur.
Nominations will be accepted at the meeting and prior to the
meeting, by e-mail, or other agreed upon methods. 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.
- Eligibility to hold any of the positions named in Article VI shall be the same as for the Local Executive Board.
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ARTICLE VII — STAFF
The Local shall provide fair wages and working conditions to 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.
Direction of the Staff will be through the Executive Board or by a person or persons delegated by the Executive Board.
All open Staff positions shall be advertised for a reasonable period of time.
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ARTICLE VIII — MEMBERSHIP MEETINGS
- GENERAL MEMBERSHIP MEETINGS
General membership meetings shall be held monthly. The membership shall be notified by US mail in a timely fashion.
- IN PERSON GENERAL MEMBERSHIP MEETINGS
For in person membership meetings, a quorum consists of 5 members.
- SPECIAL MEMBERSHIP MEETINGS
A special membership meeting can be called by a majority of the
Executive Board or upon petition by no less than 50 members. The
members shall be notified by first class mail no less than one (1) week
prior to the meeting.
A quorum of such a special membership meeting consists of 15 members.
- SPECIAL MEMBERSHIP VOTE
A special membership vote may be called by a petition supported
by 10% of the membership. Notification of such vote shall be sent to
all members by first class mail. It shall include the arguments
representing different points of view on the topic. The results of such
a vote shall be considered valid if 30% of the local members have
voted, and will be determined by a simple majority of votes cast. No
less than 15 days advance notice must be given before such a vote.
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ARTICLE IX — APPROVAL, APPLICATION AND SEVERABILITY OF CONSTITUTIONAL PROVISIONS
- In order to be effective, this constitution and
any subsequent amendments thereto must be approved by the Statewide
Executive Board.
- Nothing in this local constitution shall be interpreted or applied in any manner inconsistent with the statewide constitution and its appendices.
- If any provision of this local constitution shall be held invalid, the remainder of this constitution shall not be affected.
- CUE Local 6 shall at all times be subject to the
provisions of the constitution of the statewide CUE. The provisions of
statewide CUE's constitution govern this Local for all matters not
specifically addressed in this constitution.
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ARTICLE X — MISCELLANEOUS PROVISIONS
- STRIKE FUND
The Local shall establish a strike/emergency fund to be funded
from the Local's revenue at a rate of $1.00 per jurisdiction member,
per month.
- FUND
Funds are provided to further the objectives of CUE, as
specified in the Local and Statewide constitutions. Expenditures must
be moved and approved by the Executive Board or at a membership meeting
of the Local. Expenditures approved by only the Executive Board may not
exceed $2,000 per motion.
- AGENT
Except to the extent specified in this constitution, no officer
of the local 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 membership or by the Local Executive Board.
- ELECTRONIC MAIL OR OTHER TECHNOLOGIES
The Local membership can establish procedures whereby
electronic mail or other technologies can be utilized to carry out the
business of the Local, 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 local union
business and to be given the opportunity for timely participation in
Local decision making.
It is the responsibility of the members to notify the Local of accurate contact information.
- "ROBERT'S RULES OF ORDER"
The latest edition of Robert's Rules of Order
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 CUE.
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ARTICLE XI — AMENDMENTS
This constitution may be amended, revised or otherwise changed only by
a vote at which at least 30% of the local members voted. The vote shall
be determined by a majority of the votes cast. To initiate the process
to amend the constitution, such motion must have the support of 20% of
the members in good standing or a majority of the Executive Board as
demonstrated by a membership petition or vote of the Executive Board.
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.
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ARTICLE XII — PROTECTING THE UNION
A procedure shall exist by which the union can protect itself
from individual members whose activities seriously undermine the
union's efforts to protect and serve its members.
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 process:
Any member can file a grievance against another member. The person
filing must state the nature of the offense and the date it occurred,
by mail to the Local 6 post office box. The executive board shall make
a determination if there is merit for the grievance to go forward. If
the board finds there is reasonable cause to believe the charge is
valid, the executive board will select a judicial panel made up of five
people, randomly selected from the membership. union members in the
north (Davis, Berkeley, LBNL, SC). The judicial panel shall not include
any person any on the local executive board.
The judicial panel shall select its chair and shall set a
reasonable place and time for the hearing and conduct for the hearing.
The hearing shall be held within 30 days of the executive board's
determination that a hearing should be held. Both sides shall have the
right to cross examine and present witnesses and evidence.
Representation by another CUE member or legal counsel or other person
shall be allowed, with expenses to be born personally by charged party
if an attorney is hired. No union funds, local or state, shall be used
to pay for lawyers' fees or other related expenses for either side.
Oral testimony, documentary evidence may be introduced and witnesses by
both sides may be called. The hearing shall be open to all CUE members
who wish to attend, although no expenses will be paid for this purpose
except that Local 6 will pay the expenses of the Judicial Panel.
At the conclusion of the hearing, the Judicial Panel shall consider the
evidence and arguments and make a decision as to guilt or innocence.
Four out of five members of the panel shall be required to uphold a
decision of guilty. A decision of guilt shall result in the Judicial
Panel choosing from the following penalties: a formal reprimand, a
fine, suspension of membership, expulsion. All penalties shall be in
proportion with the offense. Suspension, expulsion, or failure to pay a
fine means that the member is not in good standing.
The judicial panel shall prepare a report, available upon request to
any CUE member, including their decision. This report shall be sent to
the executive board, which will oversee implementation of the penalty,
if any.
The charged party may appeal the decision, in writing, within
21 days, to the statewide executive board, by writing to the state
president at the CUE post office address. Upon receipt of the appeal,
the executive board shall place the matter on the agenda of the next
meeting. The executive board shall have the authority to overturn the
decision or reduce the penalty. The board shall notify the charged
party in writing of the action taken no later than five days after the
meeting.
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