Constitution and Bylaws
UNIVERSITY FACULTY ASSOCIATION, - LOCAL 119
AMERICAN FEDERATION OF TEACHERS
ARTICLE I. NAME
This organization shall be known as the University Faculty Association, Local 119, American Federation of Teachers.
ARTICLE II. PURPOSE
The purposes of this organization are to act as a local union of the American Federation of Teachers; to help raise the standards of the academic profession by securing conditions conducive to the best professional performance and service; to eliminate all forms of racism and sexism from education; and to cooperate with other unions and associations of workers, especially educational workers, for mutual benefit.
ARTICLE III. MEMBERSHIP
1. Membership shall be open to members of the faculty of the University of Montana and to professional and paraprofessional employees excluding supervisory personnel such as deans, associate deans, administrative staff, vice-presidents and presidents.
2. Members who retire from their positions are eligible to continue as members. Members who assume administrative positions which make them temporarily ineligible for membership may continue as members but without privileges of voting or holding office.
3. Membership is accomplished by payment of dues.
4. Members are obligated to pay such dues and assessments as may be established by the Executive Board and approved by majority vote at a regular membership meeting.
5. There shall be three(3) categories of members of the bargaining unit:
A. Union members shall pay the representation fee and all other dues and shall be accorded full voting membership in the UFA.
B. Supporters shall pay the representation fee and all other dues. Objecting supporters (who so identify themselves in writing to the UFA within 30 days of commencement of orientation activities in the fall term) will be assessed only the representation fee, calculated by subtracting the average percent of the "nonchargeable" expenses of the two previous audited years from a given year’s assessment. These individuals shall not have voting rights in the UFA.
C. Charity contributors shall pay the representation fee and other dues and these shall be forwarded to designated charities identified by the UFA. Charity contributors may be assessed only the representation fee, under the terms of B (above). These individuals shall not have voting rights in the UFA. 6. Any member wishing to change his or her status from member to supporter shall submit a letter of intent to the UFA office staff, who shall present it to the Executive Board for action.
7. No person shall be barred from membership or the privileges thereof on the basis of race, sex, sexual preference, religious faith, or political activities or beliefs.
8. A member taking leave of absence from the University for an academic year or more shall be permitted, upon request, to suspend membership for the period of that leave and to resume membership upon return and resumption of payment of dues without prejudice.
9. The local may, by vote of a majority of members present at a general meeting, recognize outstanding contribution by an individual to labor or education in Montana by election to honorary membership. An honorary member is not subject to dues, but is eligible to engage in the activities of the local with the exception of sharing privileges dependent on payment of per capita to affiliates.
10. The UFA membership year will begin thirty (30) days after the beginning of orientation activities in the fall term. At the beginning of the membership year a Focus will inform charity contributors and supporters of the procedure for becoming objecting supporters or charity contributors. Objecting supporters and charity contributors are eligible for the return of the agency fees as determined by the independent audit. In the same Focus the procedure for objecting to the calculation of the agency fee will be announced. The procedure is as follows: At the beginning of the membership year each UFA supporter will receive notice of the procedure for objecting to calculation of the agency fee as follows:
A. Objections must be submitted in writing to the UFA within fifteen (15) days of receipt of this notice.
B. Within two (2) weeks of the receipt of any such objections, the UFA will call a meeting of all of the objectors for the purpose of the selection of a spokesperson for the objectors. The UFA will arrange for a meeting space but will not attend the meeting of the objectors.
C. The spokesperson for the objectors will notify the UFA of his/her selection within twenty-four (24) hours of the meeting.
D. Within ten (10) days of submitting the name of the spokesperson, (hereafter referred to as the Objector), to the UFA, the UFA and the Objector shall meet for the purpose of the selection of a neutral arbitrator. The arbitrator shall be selected from a list of five (5) names supplied by the State Mediation and Conciliation Service. Such list shall be supplied to the Objector at least five (5) days before the selection will take place.
E. Within thirty (30) days of the selection of the Arbitrator, a hearing shall take place to determine if the amount charged to fair share payers is an appropriate amount.
F. .The Arbitrator's authority will be limited to determining whether the fair share amount is justifiable.
G. The Arbitrator shall render his/her decision within thirty (30) days from the hearing date. It shall be final and binding upon both parties.
ARTICLE IV. OFFICERS
1. The officers of this organization shall be President, Vice President, Secretary and Treasurer.
2. The above named officers shall be elected for a one-year term, with reelection possible.
3. The membership shall affiliate with the local Trades and Labor Council, and the appropriate number of delegates to the Council, as specified by its bylaws, shall be elected from the membership at the annual election.
ARTICLE V. DUTIES AND AUTHORITY OF OFFICERS
1. The President is the principal executive officer of the union. He or she shall serve as chairperson at the meetings.
2. The Vice-President shall perform all the duties of the President in his or her absence.
3. The Secretary shall be responsible for approving minutes of each meeting.
4. The Treasurer shall have the custody of all local funds and responsibility for their disbursement for authorized purposes. He or she shall examine UFA’s financial records for annual audit.
ARTICLE VI. EXECUTIVE BOARD
1. The Executive Board shall be composed of the officers named in Article IV, Section 1, above; an elected delegates to the local Trades and Labor Council; the Chairpersons of all standing committees (see Article VIII); the immediate Past President; and three (3) "at large" members.
The current President shall serve as Board chairperson.
2. The Executive Board is vested with the general administrative authority for the local. It also has the responsibility for considering, formulating, and proposing policy.
3. The Executive Board shall fill vacancies in the elective offices, by majority vote of the remaining Board, to serve the unexpired term. No person shall hold more than one elective office at one time.
4. The Executive Board shall meet on the call of the President, or at the request of three (3) of its members.
5. It shall be the duty of any elected member of the Executive Board to serve as delegate to conventions of affiliated organizations if so directed by the Executive Board.
ARTICLE VII. NOMINATIONS AND ELECTIONS
1. A nominating committee of three members shall be appointed by the Executive Board no later than March 15. The nominating committee shall submit a complete slate of nominees including the officers, the chairpersons of the standing committees, the delegates to the local Trades and Labor Council, and including the "at large" members.
2. At a nominating meeting during which the slate is presented, the membership may nominate additional persons for all offices.
3. All members of the bargaining unit are eligible to vote for the three at large positions. Any non-union member nominated for an "at large" position must, if elected, either join the UFA or support it financially through a contribution equivalent to UFA dues for the tern of his or her tenure on the Executive Board. He or she may reclaim charity status within 30 days of the end of the term on the Executive Board
4. The election of the Executive Board shall take place by April 30,and the elected Board will serve for one year beginning May 15.
5. For any office in which there is more than one candidate, the election shall be by secret ballot. All board members will be elected by a simple majority of those voting. Absentee voting shall be done by means of sealed ballots, which shall be signed, sent to the Secretary, and opened by the election officers on the election date.
6. The Executive Board may, in the event of three (3) consecutive absences by a member of the Board, declare his or her position vacant.
7. All members of the bargaining unit, not merely UFA members, may vote in the elections in which a proposed contract is considered for acceptance.
ARTICLE VIII. COMMITTEES
1. This organization shall have the following standing committees: Membership, Program, Legislative, Resolutions, and Grievance.
2. Additional standing committees and special committees may be created as need arises, by majority vote of membership.
3. Each committee shall consist of the elected chairperson and two (2) additional members, as needed, selected by the chair, subject to the approval of-the Executive Board. The chairpersons are to be elected at the same time as the Executive Board officers.
4. Each year, not later than October 1, the President shall recommend an auditing firm, whose duty it shall be to examine the Treasurer's books and report to the membership.
5. In years of contract negotiations, each unit of the bargaining unit will appoint a delegate to the Bargaining Council. This body will provide communication between the membership and the Bargaining Team. Meetings of the Bargaining Council will be called by the Chief Spokesperson for the Bargaining Team and the President.
ARTICLE IX. MEETINGS
1. Meetings of the membership shall be held at least three (3) times during the academic year, October through May, and will be called by the Executive Board. In addition, special meetings may be called by the Board as the need arises.
2. A quorum for such a meeting shall consist of ten (10) members or 5% of the membership whichever is greater.
3. Meetings will take place following notice given as to time and place by the President.
4. All meetings shall be governed by the current revised edition of Robert's Rules of Order, except as may be provided otherwise in the bylaws.
ARTICLE X.
AFFILIATIONS
This union shall maintain affiliation with and whenever possible send delegates to the following organizations:
a) The American Federation of Teachers. If delegates and alternates to the national convention of the AFT are to be chosen, they will be elected according to the requirements of that organization.
b) The Montana Federation of Teachers. The Executive Board may elect delegates to the state convention of the MFT according to the requirements of that organization.
c) The Missoula Trades and Labor Council. Delegates shall be elected at the union's annual election of officers.
d) The Montana AFL/CID. The Executive Board may elect delegates to the state labor convention according to the requirements of that organization.
ARTICLE XI. AMENDMENTS
1. The bylaws may be amended by simple majority vote of those present at a general meeting of the local for which notification has included the proposed amendment(s) as an agenda item.
2. Proposed amendments to the bylaws must be submitted by the Secretary, who shall mail a copy of the proposed changes to each of the members not less than five (5) days before the meeting at which the changes are to be considered.
ARTICLE XII. AVAILABILITY OF BYLAWS
1. Three (3) copies of these bylaws and all future amendments shall be submitted to the National Office of the American Federation of Teachers.
2. Copies of these bylaws shall be made available to all affiliated organizations upon request.
3. Every member shall be given a copy of these bylaws.