Constitution of
Bend/ La Pine Chapter No. 6, OSEA
Adopted – April 4, 2006
This Constitution is the local operating document for this Chapter as
formulated under Article IV, Section 1 of the State Association Constitution.
Where used throughout this document, “State Association” or “Association”
means Oregon School Employee Association, the statewide governing body for
this organization; and “organization’ and “chapter” are interchangeable and
mean Bend/ La Pine Chapter No. 6, OSEA
Mission Statement
For O.S.E.A. Bend/La Pine Chapter #6
“To work for the betterment…and protection of…all classified school
employees in our Chapter and the State of Oregon”
Table of Contents
Article I- Name and Objects
Article II- Membership
Article III- Dues and Assessments
Article IV- Executive Board & Committee /Election Procedures
Article V- Authority of Executive Board & Committee /Duties of Officers
Article VI- Meetings
Article VII- Control of Funds/Budgets
Article VIII- Committees
Article IX- Building Employee Representatives
Article X- Delegates to Conference
Article XI- Contract Ratification
Article XII- Amendments to Constitution
Article XIII- Parliamentary Authority
ARTICLE I
NAME AND OBJECT
Section 1. Name:
The name of this organization shall be Bend/ La Pine Chapter No. 6 of the
Oregon School Employees Association.
Section 2. Object:
(a) The objects of this organization shall be to promote the good and
welfare of the members of this organization under the available labor
relations system, and to secure for them reasonable hours, fair wages, and
improved working conditions;
(b) To establish a spirit of cooperation, good faith and fair dealings
with the employer;
(c) To safeguard, advance, and promote the principle of free collective
bargaining in a democratic society;
(d) To promote such legislation as may be in the best interests of the
members and other public service workers;
(e) To promote the efficiency and raise the standards of service of its
members and other public service workers;
(f) To instill confidence, goodwill, and understanding among the
members and their employers;
(g) To promote the economic and social welfare of the members of the
Association through unity of actions and mutual cooperation.
ARTICLE II
MEMBERSHIP
Membership in this chapter is as follows:
Section 1. Active:
(a) “Active” membership, which carries with it the privilege of full
participation in Chapter activities, including the right to vote and to hold
elected or appointed offices, shall be extended to any person employed in a
bargaining unit represented by this Chapter, without regard to race, creed,
color, national origin, sex, age, sexual orientation or political belief.
(b) “Active” membership shall be effective upon the completion,
dating, and signing of an official OSEA Membership application form as
provided by the State Association, and execution of a valid authorization
for payroll deduction of at least one months dues or payment of at least one
months dues in advance.
Section 2. Membership “In Good Standing”:
(a) Membership “in good standing” shall be effective and shall continue
upon receipt of the required dues for the current month. For purposes of
establishing voting rights, members in good standing must be current in dues
for the month in which voting is taking place. The signing and authorization
of dues deduction for that month’s dues shall constitute members in good
standing status for purposes of voting rights.
Section 3. Fair Share Fee Payers:
(a) Such persons shall pay fair share fees in an amount equal to the
dues required of “Active” members of the Chapter, subject to annual request
for advance refunds of the portion of fair share fees that OSEA determines
will be used for purposes not related to collective bargaining, in
accordance with the policies of the State Association.
(b) “Fair Share Payers” shall be entitled to full rights of
representation in all matters related to their collective bargaining
agreement. They shall not, however, have the right of voice, vote, or other
participation in Chapter or State Association affairs, unless otherwise
provided herein or required by law.
ARTICLE III
DUES & ASSESSMENTS
Section 1. State Per Capita Dues
(a) Per capita dues to the State Association for “Active” members shall
be determined by the OSEA Finance Committee with the approval of the voting
body at the Annual Conference of OSEA. Said dues shall be payable by payroll
deduction or annually in advance direct to the State Association.
Section 2. Chapter Dues
(a) Local Chapter dues shall be $ 1.50 per month of employment, payable
by payroll deduction during each of the months worked in which the member is
in regular paid status; or payable annually in advance to the Chapter
Treasurer.
(b) Chapter dues shall be set by a majority vote of “Active” members at
a chapter meeting as outlined in Article XII, Section 3a.
Section 3. Total Dues
(a) The local Chapter dues plus the State per capita dues equals the
members total dues requirement.
ARTICLE IV
EXECUTIVE BOARD & EXECUTIVE COMMITTEE/ ELECTION PROCEDURES
Section 1. Officers
(a) The following officers shall be elected by and from among
the total “Active” membership of the Chapter, regardless of the location of
their employment: President, Vice President, Secretary, and Treasurer.
Section 2. Executive Board
(a) The elected officers designated in Section 1 shall constitute the
Executive Board of this Chapter
Section 3. Executive Committee
(a) The Executive Committee shall be composed of the Executive Board
members, Immediate Past President and six additional members elected at the
same time as Executive Board officers.
(b) These six additional members shall be elected, one each, from the
following job classification areas; Clerical, Educational Assistants,
Transportation, Nutrition Services, Maintenance, and Custodial.
Section 4. Eligibility to Hold Office
(a) Officers shall be elected from among the “Active members of the
Chapter who are in good standing.
(b) Nominees for office shall be “Active” members of the Chapter in
good standing at the time of nomination and can only accept nomination for
one Executive Board office.
(c) Nominees must also have one calendar year of “Active” membership in
the chapter to run for and assume office.
Section 5. Nominating and Election Procedures
(a) Nominations to fill the elective offices listed in Section 1(a) & 3
(b) of Article IV shall be accepted annually.
(b) Nominations for these offices shall be accepted from the Floor at
the February and March Chapter meetings.
(c) If, after nominations are closed at the March Chapter meeting there
is only one nomination for an office, the single nominee shall be declared
elected to office, and no balloting or other action shall be required. The
Chapter President shall so notify membership in any manner allowed in
Article VI Section 3(c) as soon thereafter as possible.
(d) When there is more than one nominee for an office, an election
shall be conducted at the April Chapter meeting by secret ballot vote
of “Active” members in good standing present at said meeting. It shall
require a plurality vote to elect any officers. (Plurality- meaning the
candidate receiving the highest number of votes) There will be a special AM
meeting scheduled for those members who wish to vote and are unable to
attend the PM meeting.
(e) Notice of the time, date, and place for nominations and balloting,
and all other procedural matters relating to conducting these elections,
shall be posted for all members, with at least five (5) days notice.
(f) All candidates shall be provided an opportunity to address the
members present at the election meeting prior to balloting, and they or
their designated representative shall be accorded the right to observe the
ballot tally process.
(g) All ballots, including used, unused, invalid, and challenged
ballots, tally sheets and related election documents, including notices of
nomination and election procedures, shall be retained by the Chapter
secretary for one year, or until any and all challenges to the election or
charges of misconduct in the running of election have been resolved,
whichever is the longer period.
Section 6. Terms of Office
(a) Elected officers shall take office and assume their duties
immediately following installation at the April Chapter meeting and shall
continue to serve for one year or until their successors are elected.
(b) Any officer shall automatically forfeit such office if they cease
to be an “Active” member in good standing.
Section 7. Vacancies
(a) A vacancy in the office of President shall be filled by the Vice
President.
(b) For vacancies in any other elected office, the Executive Board
shall submit its recommendation to fill the office in any manner allowed in
Article VI Section 3 (c) to the Chapter membership at least five (5) working
days in advance of a designated Chapter meeting. Nominations from the Floor
shall also be accepted at said meeting. If there are no nominations from the
Floor, the Executive Board’s candidate shall be declared elected. If
nominations from the Floor are made, a Secret ballot election shall be
conducted among the “Active” members in good standing present. It shall
require a plurality vote to elect any officers. (Plurality- meaning the
candidate who receives the highest number of votes)
ARTICLE V
AUTHORITY OF EXECUTIVE BOARD & EXECUTIVE COMMITTEE/ DUTIES OF OFFICERS
Section 1. Executive Board & Executive Committee
(a) The Executive Board & Executive Committee shall have general
supervision of the affairs of the Chapter between the general membership
meetings. It shall transact the routine business of the Chapter as
authorized and required herein, prioritize and determine recommendations on
matters requiring discussion and action by the general membership, and
perform other such duties as are specified in this constitution. The Board &
Committee shall be subject to the orders of the Chapter membership, and none
of its actions shall conflict with actions taken by the Chapter membership.
(b) A report on all actions taken by the Executive Board & Executive
Committee shall be made to the membership at the next regular or special
Chapter meeting, with such actions subject to membership ratification if
appropriate. Minutes of Executive Board & Committee meetings shall be kept
on file for at least two (2) years.
(c) The Executive Board & Committee shall meet at the call of the
President or at such times and places designated by it; the President shall
call a special meeting upon the written request of a majority of the Board.
(d) A majority of the Executive Board and/or Committee shall constitute
a quorum.
Section 2. Duties of Officers, General
(a) Upon separation from office, an officer shall immediately turn over
to his/her successor or other properly designated OSEA official, all books,
records, money and other effects of the Chapter in his/her possession.
Section 3. President: The President shall:
(a) Be Chairperson of the Executive Board, call and preside over all
meetings of the Chapter and Executive Committee at which he/she is in
attendance.
(b) Fix the time and place of meetings except as otherwise directed by
membership.
(c) Set the agenda for Chapter meetings, as noted in Article VI Section
4.
(d) Appoint and direct the activities of the various committees,
standing or special, required by this Constitution or established by the
Executive Committee, or as may be ordered by vote of the membership, except
as otherwise provided herein.
(e) Attend all Zone Meetings and such other meetings as required by the
State Association or direction of the Chapter, and report back to the
Executive Board and Chapter membership at the next Chapter meeting, with
recommendations for Chapter action or as otherwise required.
(f) The President is an ex-officio member of all committees.
(g) Perform such other duties as normally pertain to the office of
President or ordered by this Constitution.
The President does not have the authority to sign Memorandums of
Understanding unless he/she has prior approval from the Executive Committee.
Section 4. Vice President: The Vice President shall:
(a) In the absence or disability of the President, possess all of the
powers and perform all of the duties in his/her stead.
(b) At all times assist the President in the performance of his/her
duties.
(c) Assume the office of President if a vacancy occurs.
(d) Will serve as the Grievance Chair.
(e) Coordinate the activities of the Standing Committees.
(f) Perform such other duties as may be assigned by the President or
ordered by this Constitution.
Section 5. Secretary: The Secretary shall:
(a) Keep an accurate record of all proceedings of Chapter and Executive
Board meetings, including an accurate roll of members and officers in
attendance at each.
(b) Keep an accurate roster of the officers of the Chapter and see that
such information is forwarded to the State Association as required.
(c) Issue printed notices of all chapter meetings to BER’s, which shall
include notice of matters for discussion at same, to be posted at work sites.
(d) Notify members of all committees of their appointment/election
(e) Have custody of all correspondence, official documents, and
historical records of the Chapter, which shall be open at all times for the
inspection of the President or his/her agent and members of the Executive
Board.
(f) Maintain up-to-date copies of Constitution & Bylaws and Policy of
the State Association and the Constitution of this Chapter and see that
copies of same are available for the reference at all Executive Board,
Executive Committee, and Chapter meetings, and available for inspection by
the general membership upon request.
(g) Perform such other duties as normally pertains to the office of
Secretary or as may be directed by the President or required by this
Constitution.
Section 6. Treasurer: The Treasurer shall:
(a) Receive all funds of the Chapter and keep and disburse same under
direction of the President and as required by the Constitution & Bylaws of
the State association and this Chapter.
(b) Keep or cause to be kept regular books and full accounts, which
shall be open at all, times to inspection of the President or his/her agent
and the Auditing Committee.
(c) Provide access to all records, vouchers, and statements to the
Auditing Committee for annual inspection at the close of each fiscal year.
(d) Report at each meeting of the Chapter as to the financial condition
of the treasury with a detailed statement of receipts and expenditures and
accounts payable, to include per capita dues/fees paid and owed to the State
association if any.
(e) Promptly process and forward membership applications and dues
payments to State Headquarters and payroll deduction authorizations to
proper district office for processing.
(f) Maintain an accurate record of members in good standing, and
prepare such monthly reports and remittance as may be required by the State
Association and promptly forward to State Headquarters within thirty (30)
days of request
(g) Assist in preparation of the Chapter budget, and perform such other
duties as may be directed by the President.
(h) Upon leaving office, sign such bank signature cards or other
documents necessary for the transfer of all Chapter accounts to the new
Treasurer.
(i) Read, maintain, and follow direction of Bend/ La Pine Chapter #6
Treasurer Manual designed specifically for the Chapter needs. Ensure manual
is passed on to future Treasurers for their use and conformance to direction
outlined and approved by Chapter membership.
Section 7. Executive Committee: The Executive Committee members shall:
(a) Create standing committees and approve the plan of work of these
committees.
(b) Hold special meetings, which may be called by the President or by a
majority of the committee members, to transact necessary business in the
intervals between chapter meetings and the chapter may refer such other
business to it.
(c) Attend all Chapter and Executive Committee meetings possible and
participate in carrying out chapter business in a timely and prompt manner.
ARTICLE VI
MEETINGS
Section 1. Regular Meetings
(a) Regular business meetings of this Chapter shall be held during the
months of September through June, inclusive. The schedule of such meetings
shall be established in June of each year by the President for the
succeeding twelve (12) month period and shall be provided to the membership.
(b) Transaction (approval) of any business of this chapter at chapter
meetings will require a plurality of vote (majority) from the “Active”
members in good standing present.
Section 2. Special Meetings
(a) Special meeting may be called by the Chapter President as deemed
necessary, or shall be called by a vote of two-thirds (2/3) of the Executive
Board or Executive Committee and/or upon petition to the President of ten
percent (10%) of the Chapter membership.
Section 3. Meeting Notices
(a) Regular meetings. Unless otherwise specified herein, a meeting
notice shall precede all Chapter meetings at least five (5) days in advance
to allow members a reasonable opportunity to attend. Said notice shall
include a summary of the business to be acted upon, and the time, and place
of the meeting.
(b) Special Meeting. Notice for special meetings shall include the
specific topic(s) for discussion/action at said meeting, and unless
otherwise required herein, a notice of less than five (5) days, but not less
than 24 hours in advance, may be given in an emergency situation.
(c) Membership Notification. The President or Executive Board and/or
Committee may use any of these options in all matters of notification to
chapter members for any chapter concerns and/or pertinent information to the
membership.
1) To individual bargaining unit employees utilizing the district mail
and/or email system.
2) Distribution by BER’s or others.
3) Posting in prominent locations at each work site.
4) Chapter Web page/site.
Section 4. Order of Business
(a) Unless otherwise ordered by two-thirds (2/3) vote of the “Active”
members present, the Order of Business at regular Chapter meetings shall be:
1) Pledge of Allegiance to the Flag
2) Approval of Minutes of the previous meeting
3) Announcements
4) Report of Executive Board Actions
5) Treasurer Report
6) Committee Reports
a) Report of Membership Committee
b) Report of Bargaining Committee
c) Other Committees as required
d) Superintendent Meeting
e) Labor management Meeting
7) Unfinished Business
8) New Business
9) Good of the Order
10) Adjournment
ARTICLE VII
CONTROL OF FUNDS/ BUDGET
Section 1. Funds
(a) All funds received shall be deposited in the name of Bend/ La Pine
Chapter No. 6, OSEA, in such bank or other financial institution as approved
by the Executive Board. No funds shall be disbursed except by check, duly
authorized and signed by the Treasurer and/or the President. In the event of
absence of, inability to act by, or vacancy in the office of Treasurer,
funds shall only be disbursed upon the signature of the President and/or one
of the following: Vice President, Secretary.
(b) Should it be deemed necessary by the membership or the Executive
Committee to disburse unbudgeted monies prior to a regular Chapter meeting,
a special meeting may be scheduled in accordance with Article VI Section 2
(a).
Section 2. Annual Budget
(a) The Executive Board shall prepare an annual budget for approval of
the Chapter membership no later than May of each year, which shall contain
an itemized, estimated receipts and expenditures, and amounts to be set
aside as a reserve fund, if any. The approved budget shall then regulate the
expenditures of the Chapter, except that the Treasurer must submit any
single budget expenditure in excess of $250.00 to the Executive Board for
review and approval prior to payment. Any expenditure in excess of those
approved in the budget must have prior approval of the Chapter membership.
ARTICLE VIII
COMMITTEES
Section 1. Standing Committees
(a) The following shall be the standing committees of the Chapter:
Auditing, Grievance, Membership, Bargaining, and Governmental Relations.
(b) Unless otherwise specified herein, the President shall, as soon as
possible after September of each year, appoint the chairpersons and members
of the standing committees, which appointment shall be subject to the
ratification of the Executive Committee.
(c) The President shall determine the number of members to be appointed
to each, except as otherwise provided herein.
Section 2. Ad Hoc Committees
(a) Such other committees as the President or the Chapter membership
may deem necessary to perform a specified task for the welfare of the
Chapter may be appointed.
(b) The President shall determine the composition of such committees
and the timelines for completion of their assigned duties.
(c) Such Ad Hoc committees shall cease to function upon completion of
their specified task.
Section 3. Coordination of Committees
(a) The Executive Board will appoint a coordinator of all appointed
committees and shall act as the Grievance Chair.
(b) The President shall be ex-officio, a member of all committees.
(c) A majority of the members of any committee must be present at any
meeting to constitute a quorum.
(d) Unless otherwise provided herein, the terms of office for all
committees shall be from October until the end of September or until their
successors are appointed, provided that any committee member shall
automatically forfeit the office if they cease to be an “Active” member in
good standing.
Section 4. Bargaining Committee (Team)
(a) The Bargaining Committee shall consist of the Chapter President,
plus two (2) job classification representative(s) from each of the major job
classifications represented by this Chapter, as follows: Clerical,
Custodial, Educational Assistants, Maintenance, Nutrition, and
Transportation. Appendix 1-1 lists which job titles fall under each
classification representative’s representation.
(b) The committee members shall be elected by the membership and a
maximum of two representatives from each of the classifications identified
in Section 4 (a) will serve. The Bargaining Team members will select a
chairperson.
(c) Term of office for the appointed members shall commence upon their
appointment and continue for one (1) year or until their successors are
appointed.
(d) Duties: It shall be the duty of the Bargaining Committee to:
1) Research issues to prepare and submit initial bargaining proposals
(including proposals on reopeners) for review and approval of members in
good standing of the bargaining unit(s) prior to commencement of
negotiations.
2) Negotiate the contract (including reopeners and modifications) for
and on behalf of the Chapter with assistance from State Association field
staff.
3) Keep the Executive Board and the membership informed on the
progress of negotiations and solicits membership input where advisable.
4) Ensure that all bargained agreements are submitted for ratification
of the bargaining unit(s) in accordance with Article XI of this Constitution.
Section 5. Auditing Committee
(a) It shall be the duty of this committee to receive and audit the
books and records of the treasurer immediately after the close of each
fiscal year, and at such times as may be directed by the President, and
report its findings to the Chapter membership.
Section 6. Grievance Committee
(a) The Committee will consist of the Chair, and the 6 Job
Classification Representatives.
(b) It shall be the duty of the Grievance Committee to supervise and
assist the operation of the Chapters Grievance program. The committee shall
ensure that all grievances are handled properly and their investigation and
filing are consistent in their resolution.
(c) The committee shall be empowered to review proposed settlements of
grievances undertaken by individual members of the bargaining unit (i.e.
without representation of a BER or OSEA staff) to ensure they are resolved
consistent with provisions of the collective bargaining agreement.
(d) Maintain chapter files on past grievances in tandem with assigned
OSEA Field Rep.
Section 7. Membership Committee
(a) The Membership Committee shall consist of the BER Chair
and all .
current work sites BER’s.
(b) It shall be the duty of this committee to strive for 100% OSEA
membership within the represented bargaining unit(s), and to prepare and
execute a program designed to secure new members and stimulate membership
attendance at Chapter meetings on an ongoing basis.
Section 8. Governmental Relations Committee
(a) Work cooperatively with the State Governmental Relations Committee,
appropriate staff in furtherance of the Associations legislative and
political goals, rendering regular reports at Chapter meetings regarding the
same and recommending and Chapter support or activity it considers
appropriate.
(b) Encourage all members to financially support VOICE and SEED of
OSEA, and educate the membership regarding the necessity for active
participation in the political process in accordance with Association and
Chapter goals.
(c) Make recommendations to the Chapter membership regarding
endorsement of candidates for school board, in accordance with the following
procedures:
1) The committee shall conduct a pre-screening of candidates to be
recommended for endorsement, through direct interviews or questionnaires
sent to the candidates. Following the pre-screening process, the committee
shall present its recommendations for endorsement at a designated Chapter
meeting for action by the Chapter membership. A majority vote shall be
required for endorsement.
2) Whenever possible, the committee shall arrange for a candidates
forum to provide Chapter members an opportunity to hear and question the
candidates on relevant issues prior to hearing the committees recommendation
and the endorsement vote being taken.
(d) The committee shall solicit volunteer activity by the Chapter
membership on behalf of endorsed candidates, and shall be responsible for
coordinating and directing such member activity.
ARTICLE IX
BUILDING EMPLOYEE REPRESENTATIVES
Section 1. Appointment
(a) The Chapter President will appoint a BER Chair, which appointment
shall be subject to the ratification of the Chapter membership. The Chair
shall serve for 1-year period minimum. The BER Chair will appoint, in
sufficient numbers to serve the needs of the membership, BER’s to serve each
work site or school. The President shall determine the number of BER’s to be
appointed for each area of representation.
Section 2. Term of Office
(a) Term of office for BER’s shall be for 1-year minimum and will go as
long as member is willing to fill position, provided that any BER shall
automatically forfeit such office if they cease to be an “Active” member in
good standing employed within the designated service area. Vacancies shall
be filled by appointment of the BER Chair, and ratified by the Executive
Committee, from among the qualified members in good standing employed within
the affected service area, for the remainder of the original term only.
Section 3. Duties
(a) BER Chair: The BER Chair shall:
1) Ensure that the BER program of the Chapter functions according to
the requirements set forth in this Constitution, and maintain the necessary
records of matters of contract enforcement to permit the Chapter to
effectively represent bargaining unit employees.
(b) Building Employee Representative(s): The BER shall:
1) Attend all training sessions for BER’s provided by the State
Association and/or other appropriate training as directed by the President.
2) Educate bargaining unit employees about their rights under the
contract and determine how problems arising under the contract can best be
handled.
3) Act as basic channel of communication between the employees and the
Chapter and relay specific members concerns to the Chapter Bargaining
Committee for incorporation into the bargaining proposals.
4) Recruit employees into OSEA membership and educate employees about
OSEA.
5) Distribute Chapter newsletters, bulletins, and other OSEA
information at the work site; keep OSEA bulletin boards up-to-date and clear
of non-OSEA material.
6) Conduct periodic site-level meetings to keep the members informed of
actions taken at Chapter meetings, to explain OSEA benefit plans and
services, and to keep members informed of Association and/or Chapter
activity, Executive Board decisions, contract negotiations, legislative and
political activity, and other matters of importance.
7) Relay member concerns to the appropriate Chapter officers.
8) Attend Chapter meetings, workshops, and other seminars as directed and
approved by the Chapter President.
10) Maintain and safe keep assigned BER manuals at work site.
ARTICLE X
DELEGATES TO CONFERENCE
Section 1. Delegates
(a) Voting delegates to an annual conference of the State Association
(and their alternates) shall be designated from among the “Active” members
in good standing as follows:
1) The Chapter President
2) Additional delegates in such number as may be authorized by the
Chapter for attendance, but not to exceed the total number authorized by the
Bylaws of the State Association, shall be elected as provided in Section 2
below.
Section 2. Election
(a) Nominations for authorized delegate positions shall be taken at the
regular Chapter meeting in March, and election shall be by secret ballot at
the regular Chapter meeting in April. Alternates in sufficient numbers for
each of the authorized delegates, to include the President, shall also be
elected.
(b) Notification of nominations and election and all other procedural
matters relating to delegate and alternate election shall conform to Article
IV Section 5.
(c) In the event a delegate cannot attend, the Executive Board shall
determine which alternate shall replace the authorized delegate.
Section 3. Responsibilities
(a) Delegates shall attend all conference business and other sessions
of importance to the Chapter.
(b) Delegates will display Chapter Banner at conference.
ARTICLE XI
CONTRACT RATIFICATION
Section 1. Bargained Agreement
(a) When the Bargaining Committee has negotiated a contract, tentative
agreement, or modification to an existing contract, it shall immediately
submit one copy to the OSEA Field Representative assigned to service the
Chapter, for review and recommendation by the State Association prior to
membership ratification
Section 2. Ratification Procedures
(a) A copy of the Tentative Agreement or summary of the Tentative
Agreement, and a statement as to whether the Bargaining Committee is
recommending ratification or rejection of the Agreement, shall be provided
each OSEA member of the bargaining unit(s) prior to the ratification meeting.
(b) The Chapter President shall set the date, time, and place for the
ratification meeting, which shall be open to attendance by all employees
within the bargaining unit(s) whether or not they are OSEA members.
(c) Notice of the ratification meeting shall be issued to all
bargaining unit employees no later than five (5) working days in advance of
the scheduled date. Distribution of said meeting notices shall be at the
discretion of the Chapter President, utilizing any one or more of the
following methods which he/she determines to be the most efficient:
1) To individual bargaining unit employees utilizing the district mail
and/or email system.
2) Distribution by BER’s or chapter personnel.
3) Posting in prominent locations at each work site.
4) Chapter Web page/site.
(d) Conduct of Meeting and Vote:
1) The Bargaining Committee shall review the provisions of the
Tentative Agreement and indicate its recommendation for ratification or
rejection and reasons thereof.
2) If the State Association is recommending rejection of the Tentative
Agreement, a State Association representative shall be in attendance at the
ratification meeting and shall be provided ample opportunity to outline the
recommendations for rejection and the reason thereof.
3) Adequate opportunity for discussion, debate, and answering of
questions shall be provided prior to a vote being taken. Non-OSEA members
(including fair share payers) of the bargaining unit(s) in attendance shall
be granted the right to participate in the discussion and debate. They shall
not, however, have the right to make motions or vote.
4) The ratification vote shall be by secret ballot conducted at the
ratification meeting under the supervision of the Executive Committee.
Only “Active” OSEA members of the bargaining unit(s) who are in good
standing and present at the ratification meeting shall be entitled to vote
on the ratification or rejection of the agreement. Absentee or proxy votes
shall not be permitted.
5) Ballots shall be tallied and results announced prior to close of
the meeting. A majority vote shall ratify.
Section 6. Executed Agreement
(a) Every collective bargaining agreement shall be executed by both the
State Association and appropriate representatives of this Chapter. No
contract shall be valid which has not been ratified by the Chapter
membership.
ARTICLE XII
AMENDMENTS TO CONSTITUTION
Section 1. Conformance to State Constitution
(a) This Constitution shall at all times conform to all provisions of
the State Constitution & Bylaws and Policy, and where any conflict should
occur, the State Association & Bylaws and/or Policy shall prevail.
Section 2. Proposal to Amend
(b) Any members in good standing of the Chapter (or Executive Board)
may submit a written proposal to amend this Constitution (containing the
exact text of the proposed change) at any Chapter meeting, which shall
constitute a first reading. The Chapter President shall then cause the
proposed amendment(s) to be placed on the agenda of the next regular or a
special Chapter meeting where the matter will be read a second time and
acted upon, and shall cause written notification of the proposed amendment
(s) and the date, time, and place of the designated Chapter meeting to be
issued to all members in good standing at least five (5) days in advance of
said meeting using options provided in Article VI Section 3 (c). Said
notification shall include at least a written summary of the proposed
changes. The exact text of the proposed changes shall be made available for
review by members upon request prior to the second reading if not provided
with said notification, and shall be distributed to all members in
attendance at the second reading.
Section 3. Adoption of Amendment
(a) Approval by two-thirds (2/3) of the “Active” members in good
standing present and voting at the second reading shall be required to adopt
the amendment(s). If the amendment relates to a revision of Chapter dues,
the vote shall be conducted by secret ballot.
ARTICLE XIII
PARLIAMENTARY AUTHORITY
The rules contained in the current edition of Robert’s Rules of Order, Newly
Revised shall govern the Chapter in all case in which they are not
inconsistent with this Constitution, the Constitution & Bylaws or Policy of
the State Association, and any special rules the Chapter may adopt.
