ARTICLE 1 MEMBERSHIP
ARTICLE 2 FINANCES
ARTICLE 3 EXECUTIVE COUNCIL OFFICERS
ARTICLE 4 MEETINGS
ARTICLE 5 PARLIAMENTARY AUTHORITY
RTICLE 6 DUTIES OF THE EXECUTIVE COUNCIL
ARTICLE 7 ELECTIONS OF EXECUTIVE COUNCIL
OFFICERS
ARTICLE 1
MEMBERSHIP
SECT. 1 Application for membership shall be on a regular form.
SECT. 2 Membership shall begin upon receipt by the designated executive
council officer of an application for membership and payment of dues.
SECT. 3 No officer or member shall furnish a list of the membership of this
union to any person not authorized to receive it.
SECT. 4
a. UPM will automatically "re-up" any temporary employee after said
employee has completed a semester/quarter of employment and is rehired by
the District for the next consecutive semester/quarter. The member does
not need to complete a membership application, and enrollment will be
effective with the start of the next semester/quarter. This "re-up"
procedure will continue for consecutive semesters/quarters unless the
member notifies the Union in writing that he/she no longer wishes this
procedure to continue.
b. Temporary employees who wish to remain members during intersessions may
do so by paying the dues that would be owed during the intersession
period. This payment must be made in advance in full and is due the last
day of the last month before the intersession begins.
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ARTICLE 2
FINANCES
SECT. 1 Any changes in dues or assessments shall be established by a
majority vote of the membership in accordance with the Constitutions of the
United Professors of Marin, the California Federation of Teachers and the
American Federation of Teacher
SECT. 2
a. Members who are in arrears in the dues for two (2) months shall be
notified that unless their dues are paid by the end of the current month,
they will be listed as suspended.
b. Suspended members shall be duly notified of their suspension by the
Executive Council, with a copy of the notification going to the President
or other designated officer.
c. Suspended members shall forfeit all rights and benefits of the local.
d. Members who have been suspended because of being in arrears in their
dues may be reinstated by paying back all back dues in addition to one (l)
month's dues in advance at the time of reinstatement.
e. If, however, the delinquency is allowed to run for six (6) months, the
member shall be dropped from the rolls and shall not attain good standing
except by paying all unpaid dues and fees and joining as a new member.
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SECT. 3
a. All money spent by the Union shall be paid by check or credit card
signed by the President and/or the Union treasurer.
b. All money paid out of funds of this organization except the per capita
taxes to affiliations and office expenditures to an amount not exceeding
three hundred dollars ($300.00) per month must be approved by a majority
vote of the Executive Council.
ARTICLE 3
EXECUTIVE COUNCIL OFFICERS
SECT. 1 To be eligible for nomination as an officer or delegate, a member
must have been in good standing in the local for a period of at least three
(3) months prior to the election.
SECT. 2 Should any officer, delegate or committee person fail to discharge
the duties of his office for three (3) consecutive meetings without
notifying the Executive Council in writing, giving just cause, the office
shall be declared vacant and election held at the next regular meeting of
the Executive Council.
SECT. 3
a. Permanent vacancies occurring in any Executive Council office of the
local shall be filled by the Executive Council until the next election of
officers by the membership . Nominations shall be held on the meeting date
on which the office is declared vacant and an election held at the next
regular meeting or by mail ballot prior to the next regular meeting.
b. During the temporary absence of any officer or delegate, the President
shall appoint a member to fill the vacancy pro tem, subject to approval by
a majority of the Executive Council.
c. In the absence of the President, any officer may call the meeting to
order and the voting members shall elect a President pro tem.
SECT. 4 Each officer of the local shall turn over all records, books, papers
and property of the local to their successor in office when duly elected and
qualified to receive the same.
SECT. 5 No Executive Council member or appointee shall serve while actively
applying for a management/supervisory position with the Marin Community
College District. Any such application shall constitute a resignation from
the Executive Council of UPM/AFT or any appointed position.
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ARTICLE 4
MEETINGS
SECT. l
a. The Executive Council shall meet at least once per month or upon call
of the President or any five officers.
b. In the event of the absence of the President, the voting members of the
Executive Council shall elect a President pro tem.
c. It shall be the duty of the Executive Council to make recommendations
to the local, and to act between meetings, when necessary for the welfare
of the organization. All recommendations and actions shall be reported to
the local at the next subsequent meeting. The Executive Council shall
transact any and all business referred to it by the local.
d. The Executive Council shall have no power to incur any indebtedness or
dispose of any funds or property of this local unless authorized by the
local (except as stated in Article 2, Section 3b.
e. Executive council meetings shall be open to the membership, except as
in Part j below who shall be entitled to address the council with its
consent.
f. Minutes shall be taken at all executive council meetings and
presented to the membership upon demand of any member.
g. A quorum for Executive Council meetings shall consist of five (5)
members. A majority vote of the Executive Council shall be necessary to
transact business.
h. All members of the Executive Council shall be duly notified of all
Executive Council meetings.
i. The regular meeting dates(s) shall be determined at the first regular
meeting following the election of the Executive Council.
j. The Executive Council may enter into executive session to consider
personnel matters, grievances or collective bargaining negotiations.
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SECT. 2
a. When called for at a general membership meeting or special meeting a
quorum shall consist of twenty (20) percent of the members in good
standing.
b. No motion involving dues or assessments can be voted on at the same
meeting at which it is introduced. At least five working days must elapse
before the first meeting at which such a previously introduced motion can
be voted on.
SECT. 3
a. A special meeting of the membership shall be called (l) by a majority
vote at a regular meeting; or (2) by a majority vote of the Executive
Council; or (3) by the President upon the written request of ten (l0)
members in good standing. The President shall receive the request and
notify the appropriate officers within 24 hours.
b. The appropriate officers shall send written notice to all members at
least two (2) working days before the date set for said meeting.
c. The specific business for which a special meeting is called shall be
stated in the notice of the meeting, and no other business shall be
transacted at said meeting.
SECT. 4 Attendance at all meetings is limited to unit members only. Only
Union members in good standing may vote.
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ARTICLE 5
PARLIAMENTARY AUTHORITY
Robert's Rules of Order, Revised shall govern in all questions of
parliamentary procedure not otherwise provided by this local.
ARTICLE 6
DUTIES OF THE EXECUTIVE COUNCIL
SECT. l All officers of the local are agents thereof and shall conduct their
offices in accordance with the expressed will of the majority of the members
of the local. The duties of the officers, except as otherwise stated in the
constitution and by-laws, shall be as shown below.
SECT. 2 Officers
a. The President shall preside at all meetings of the local. That person
shall preserve order and enforce the constitution and by-laws and other
rules of the organization and shall decide all questions of order, That
person shall be an ex-officio member of all non-contractual committees
without vote, except for the deciding vote in case of a tie.
b. The Executive Council shall by a vote of the majority designate a
member of the Union to serve as UPM Treasurer. The term of office shall be
for one year. The Treasurer shall make an itemized statement on the first
and last meeting of each year for the preceding period and report to the
local union all monies received and disbursed and shall submit records and
reports as required (e.g., by the Executive Council, by PERB regulations,
IRS codes and court summons).
c. The President or Treasurer shall sign all orders for disbursement
authorized by majority vote of the local or by the by- laws.
SECT. 3 The Executive Council shall be responsible for the processing of all
grievance cases related to Union activities.
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SECT. 4
a. The Executive Council shall keep records and preserve accurate minutes
of all meetings of the local and Executive Council.
b. There shall be on file for reference in the office of the local a
master copy of this constitution and by-laws and all amendments as they
may be added or repealed.
SECT. 5
a. The Executive Council shall receive and record all monies paid in to
the local and shall deposit the funds in such banks or institutions as may
be designated by the local.
b. The Executive Council shall keep a correct account for each member,
maintain the official record of membership and issue all membership cards.
c. The Executive Council shall collect initiation fees, dues, special
assessments, etc
d. The Executive Council shall make no disbursements, except as in Article
2, Section 3b without the authority of the local.
e. The Executive Council shall keep a record of all applications for
membership and may mail membership cards to all qualified applicants
within five (5) days of their compliance with Article 1, Section 2 of the
By-Laws.
.f. Records shall be open for inspection by the officers of the local
union at any time.
.g. The Executive Council may delegate routine duties to an employee of
the local (e.g., Executive Secretary) with approval of, and under
conditions set by, the Executive Council and the membership.
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SECT. 6 The Executive Council shall delegate officers to the CFT Community
College Council to act as official representative and spokespersons of the
local at all meetings of the Council.
SECT. 7 The Executive Council shall delegate a representative to the Central
Labor Council to serve as principal delegate and chief spokesperson for UPM/AFT
to the Central Labor Council.
SECT. 8
a. The Executive Council shall by majority vote appoint representatives of
the Collective Bargaining team (including Chief Negotiator),
Union-District Workload Committee, Professional Affairs Committee,
Professional Standards Committee, Staff Development Committee, Bay Ten,
Safety Committee, Grievance Officer, newsletter editor and any other
committees provided for by contract or as determined by the Executive
Council.
b. The Executive Council shall determine compensation (if any) for these
and any other appointments.
SECT. 9 In addition to those duties assigned by the Executive Council, the
following positions will have the duties listed below:
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President-
1. Maintain current understanding of the collective bargaining agreement (CBA)
2. Interpret with District management the CBA
3. Assure proper application of the CBA by District management
4. Maintain current understanding of Board of Trustee rules and regulations
5. Interpret with District management the Board of Trustee rules and
regulations
6. Assure proper application of the Board of Trustee rules and regulations
by District management
7. Maintain current understanding of appropriate state laws, administrative
rules and regulations relevant to the UPM as the collective bargaining agent
8. Develop and/or conduct training workshops, informational meetings, flex
time activities and/or conference programs for the membership
9. Assist in the development of programs to build and strengthen UPM's
departmental/discipline and committee representatives
10. Communicate with community and labor contacts (local, state or national;
as appropriate) memos of understanding
11. Communicate, when appropriate, with UPM's legal counsel
12. Communicate, when appropriate, with district managers on matters
relevant to UPM
13. Report to the UPM Executive Council as required
14. Chair meetings of the general membership and UPM Executive Council
15. Attend regularly scheduled meetings of the District Board of Trustees
16. Serve as a voting member on the Board of Directors of the UPM
Certificated Retirement Account Trust Fund
17. Serve as a UPM representative on the District Insurance Committee
18. Negotiate contract language, including but not limited to, reopeners,
sidebars, settlement language and memos of understanding
19. Demonstrate commitment to the social goals and political strategies of
the American trade union movement
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Treasurer-
1. Maintain current understanding of the collective bargaining agreement (CBA)
2. Maintain current understanding of Board of Trustee rules and regulations
3. Maintain current understanding of appropriate state laws, administrative
rules and regulations relevant to the UPM as the collective bargaining agent
4. Receive and disburse in a timely fashion all financial payments for UPM
5. Maintain a balanced checkbook for UPM
6. Provide the Executive Council with biweekly financial reports
7. Provide the general membership with monthly financial reports
8. Provide in a timely fashion the bookkeeper with all the necessary
information and documents to assist in the preparation of quarterly reports
9. Provide in a timely fashion the accountant with all the necessary
information and documents to assist in the preparation of tax returns
10. Provide in a timely fashion the accountant with all the necessary
information and documents to assist in the preparation of the Hudson Report
11. Provide in a timely fashion the auditors with all the necessary
information and documents to assist in the preparation of any necessary
audits
12. Maintain a working relationship with counterparts in state or national
affiliates to assure proper and timely payment and receipt of funds to or
from those organizations
13. Make timely payments of monies owed to state or national affiliates
14. Assist the Executive Secretary to maintain an accurate membership list
15. Communicate in a timely fashion with the appropriate representatives of
the District on financial matters relevant to UPM
16. Report to the UPM Executive Council as required
17. Demonstrate commitment to the social goals and political strategies of
the American trade union movement
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Chief Negotiator-
1. Maintain current understanding of the collective bargaining agreement (CBA)
2. Interpret with District management the CBA
3. Assure proper application of the CBA by District management
4. Maintain current understanding of Board of Trustee rules and regulations
5. Interpret with District management the Board of Trustee rules and
regulations
6. Assure proper application of the Board of Trustee rules and regulations
by District management
7. Maintain current understanding of appropriate state laws, administrative
rules and regulations relevant to the UPM as the collective bargaining agent
8. Negotiate in a timely fashion contract language, including but not
limited to, full contract, reopeners, sidebars, settlement language and
memos of understanding
9. Communicate, when appropriate, with UPM's legal counsel
10. Communicate, when appropriate, with district managers on matters
relating to contract language
11. Report to the UPM Executive Council as required
12. Report to the membership as required
13. Report to the grievance officer as required
14. Provide information suitable for publication to the Editor
15. Chair the collective bargaining team and advise new members of the team
16. Demonstrate commitment to the social goals and political strategies of
the American trade union movement
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Grievance Officer-
1. Maintain current understanding of the collective bargaining agreement (CBA)
2. Maintain current understanding of Board of Trustee rules and regulations
3. Maintain current understanding of appropriate state laws, administrative
rules and regulations relevant to the UPM as the collective bargaining agent
4. Act as primary contact and liaison for unit members in the grievance
process, as defined in the CBA
5. Advise unit members on the grievance process
6. Solely or in conjunction with the unit member and/or the Executive
Council, prepare in a timely fashion written grievances
7. Communicate, when appropriate, with UPM's legal counsel
8. Communicate, when appropriate, with district managers on matters relating
to grievances
9. Report to the UPM Executive Council as required
10. Demonstrate commitment to the social goals and political strategies of
the American trade union movement
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Editor-
1. Maintain current understanding of the collective bargaining agreement (CBA)
2. Maintain current understanding of Board of Trustee rules and regulations
3. Write and edit a monthly newsletter for the membership of UPM
4. Deliver to the person responsible for distribution, by the last working
day of the month, a newsletter for the membership of UPM
5. Produce and design any required notices, flyers, advertisements or
announcements
6. Report to the UPM Executive Council as required
7. Demonstrate commitment to the social goals and political strategies of
the American trade union movement
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ARTICLE 7
ELECTIONS OF EXECUTIVE COUNCIL OFFICERS
SECT. l The President with a majority vote of the Executive Council, shall
appoint an election committee of three (3) members who are not candidates,
and they shall have charge of the election and the ballot boxes.
Its duty also shall be to solicit nominations of candidates for election to
the Executive Council to be presented at the first regular meeting in
February.
SECT. 2 Nominations shall be accepted in writing or from the floor at the
first regular meeting in February. Elections shall take place at the next
regular meeting or by mail ballot prior to the next regular meeting.
Elections of officers shall be by secret ballot. The chairperson of the
election committee shall have printed ballots prepared and distributed to
qualified members.
SECT. 3
a. After the polls have been closed the election committee shall collect
and count the ballots cast and tabulate same on tally sheets prepared by
the recording officer for that purpose and render their report to the
local, setting forth in detail the total number of ballots used, the total
number cast, and a correct record of the number of votes cast for each
candidate.
b. Challenged ballots will be set aside. The Executive Council will
determine the eligibility of these disputed ballots only if their number
would alter the outcome of the election. At this time the disputed ballots
determined by the Executive Council to be qualified will be counted and
their tally added to the total.
SECT. 4
a. Candidates receiving the largest number of votes cast in each
category shall be declared elected.
b. Candidates receiving a plurality of the votes cast shall be declared
elected. In the case of a tie vote for the last remaining position in any
category the election committee shall hold a runoff election to fill that
position.
