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Local Constitution

COALITION OF UNIVERSITY EMPLOYEES

  ARTICLE I — NAME

The name of this organization shall be the Coalition of University Employees (CUE), San Francisco, Local 6.

 
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.

  1. To provide information, education, and support to all members and to strengthen and safeguard democratic principles and rights for the members;
  2. 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;
  3. To participate in making decisions that affect our working lives;
  4. 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;
  5. 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;
  6. 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.

 
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.

  1. Only dues-paying members shall be allowed to vote and hold office;
  2. Currency of employment includes employees on layoff status, on furlough, on approved leaves of absence, and waiting for a grievance resolution;
  3. 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;
  4. 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;
  5. 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.

 
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.

 
ARTICLE V — OFFICERS, ELECTIONS, PROTESTS, RECALL

  1. OFFICERS, TERMS OF OFFICE:

    1. The officers of this local shall be a President, a Vice President, a Recording Secretary, a Treasurer, and three (3) local Executive Board members. These seven (7) shall constitute the local Executive Board.
    2. All officers and Board members shall be elected for a term of two (2) years.
  2. ELIGIBILITY TO HOLD OFFICE:

    1. A member must be in good standing for at least four (4) months immediately preceding the election
    2. Any member serving a term of office who is on medical/disability leave, may complete their term of office.
    3. 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.
  3. INELIGIBILITY TO HOLD OFFICE

    1. 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.
    2. 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.
  4. 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.

    1. 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.
    2. 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.
    3. Duration - The period of time between the announcement of the opening of nominations and the vote count may not exceed 85 days.
    4. 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.
    5. 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.
    6. 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.
    7. Following the close of the nomination period, if only one member has been nominated for a given position, that member shall be deemed elected.
    8. 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).
    9. 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.
    10. The Elections Committee shall keep records of the members voting. The Committee shall count the vote in the presence of all candidates or their designee desiring to be present at 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.
    11. 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.
    12. Records - All election records, including the ballots, shall be retained by the local for at least one (1) year after the election.
  5. 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."
  6. CAMPAIGNING

    1. 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.
    2. 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.

  7. PROTESTS

    1. 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.
    2. 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.
  8. VACANCIES

    1. 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.
    2. 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.
  9. 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.
  10. 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.

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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

  1. 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.
  2. 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.
  3. Eligibility to hold any of the positions named in Article VI shall be the same as for the Local Executive Board.

 
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.

 
ARTICLE VIII — MEMBERSHIP MEETINGS

  1. GENERAL MEMBERSHIP MEETINGS

    General membership meetings shall be held monthly. The membership shall be notified by US mail in a timely fashion.
  2. IN PERSON GENERAL MEMBERSHIP MEETINGS

    For in person membership meetings, a quorum consists of 5 members.
  3. 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.
  4. 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.

 
ARTICLE IX — APPROVAL, APPLICATION AND SEVERABILITY OF CONSTITUTIONAL PROVISIONS

  1. In order to be effective, this constitution and any subsequent amendments thereto must be approved by the Statewide Executive Board.
  2. Nothing in this local constitution shall be interpreted or applied in any manner inconsistent with the statewide constitution and its appendices.
  3. If any provision of this local constitution shall be held invalid, the remainder of this constitution shall not be affected.
  4. 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.

 
ARTICLE X — MISCELLANEOUS PROVISIONS

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. "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.

 
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.

 
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.

http://www.cueunion.org/ucsf/sfcuecon.php        07-March-2008 12:54:42
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