Mills Adjunct Union Bylaws

Subject to member ratification in September 2017, here are the Mills Adjunct Union, SEIU 1021, bylaws:

 

 

SEIU Local 1021

MILLS COLLEGE ADJUNCT FACULY UNION BYLAWS

 

PREAMBLE:

We, the employees of MILLS COLLEGE, OAKLAND, CA, working as free and responsible individuals, recognize that the labor movement in general, and SEIU Local 1021, CtW, in particular, can be instrumental in improving our status and resolving the social and health problems of our community; therefore we enter into union and agree to adopt these bylaws, consistent with the Bylaws and Constitution of Local 1021, as an instrument for concerted action and collective bargaining in the interest of our members and for the community we serve.

 

Article 1.  NAME AND JURISDICTION: 

This Chapter will be known as the MILLS COLLEGE ADJUNCT FACULTY UNION Chapter of Local 1021. The jurisdiction of this Chapter shall be all employees in the bargaining unit(s) represented by the Union. 

 

Article 2.  AFFILIATION: 

This Chapter is part of SEIU Local 1021, CtW, and shall be subject to the Bylaws and Constitution of that Union and all policies adopted pursuant thereto.

 

Article 3.  MEMBERSHIP:

All persons, without regard to race, creed, color, religion, gender, gender expression, sexual orientation, national origin, citizenship status, marital status, ancestry, age, disability status, or political affiliation shall be eligible for membership.

 

Article 4.  CHAPTER STRUCTURE:

(1)  The Chapter membership shall elect, in odd-numbered years, a Chapter Board of the following officers: 

President

Vice President

Secretary-Treasurer

Chief Steward

COPE Delegate

The term of office shall be two (2) years.

 

In any election with as many as or fewer nominees that seats available, candidates will be deemed elected.

 

(2)  The Chapter Board shall have power to act for the Chapter between General Membership meetings.  The Chapter Board shall meet at least once a semester or as often as deemed necessary by the Chapter Board. A majority of the Chapter Board members shall constitute a Chapter Board quorum.  

(3)  The General Membership is the highest authority within the Chapter structure.

(4)  The Chapter shall hold regularly scheduled General Membership meetings at least twice each semester. Five percent (5%) of the General Membership shall constitute a quorum. Special membership meetings may be called by the Chapter Board or by petition of ten percent (10%) of the membership.

(5)  The Chapter shall maintain a file of Chapter minutes and make available a copy thereof to the Secretary of the Local Union upon request.

(6)  The Chapter shall notify the Local 1021 Executive Board of any dissenting action taken on the minutes or action of the Executive Board of the Local Union.

(7)  As per the Collective Bargaining Agreement, the Employeer shall set aside funds to pay for a set number of hours of union work done by union members, as determined by the Chapter Board. The Secretary-Treasurer shall be in charge of approving timesheets submitted by stewards and members of the Labor Management Committee, Grievance Committee, and Bargaining Committee, per the guidelines in Appendix 1. All funds, including income and expenditures, shall be recorded and proper financial records shall be maintained in accordance with procedures established by the Local Union. These records shall be transmitted to the Executive Board of the Local Union upon request. All fiscal records shall be kept for a period of at least six (6) years or longer if required by applicable law.

 

Article 5.  OFFICERS AND DUTIES:

(1) President:  The President shall officiate at all meetings and shall be responsible for directing the implementation of directives voted on by the Chapter membership. The President shall be an ex-officio member of all committees. The President shall be one of three (3) officers authorized to withdraw funds from a Chapter account, after such expenditures have been approved by the Chapter Board and/or General Membership.

(2) Vice President:  The Vice President shall act as President in the absence of the President. The Vice President shall be one of three (3) officers authorized to withdraw funds from a Chapter account, after such expenditures have been approved by the Chapter Board and/or General Membership.

(3) Secretary-Treasurer:  The Secretary-Treasurer shall keep a correct record of the proceedings of all Chapter Board and General Membership meetings and shall provide a copy thereof to the Secretary of the Local Union upon request. They shall receive all correspondence and communications on behalf of the Chapter. They shall be responsible for Chapter account deposits and dispersals and for carrying out the duties described in Article 4, Subsection (7). The Secretary-Treasurer shall be one of three (3) officers authorized to withdraw funds from a Chapter account, after such expenditures have been approved by the Chapter Board and/or General Membership. They shall present the Chapter financial records for audit at the direction of the Treasurer of the Local Union or his/her representative. 

(5) Chief Steward:  The Chief Steward shall serve as a resource for shop stewards in carrying out their duties at the worksite.

(6)  COPE/Delegate and County COPE Committee: The COPE Delegate shall be responsible for providing political information and education to the members of the chapter. S/he shall assist and coordinate with turnout, COPE cards, and other duties related to political activities of the chapter and Local Union. The coordinator will also be one of the chapter representatives/delegates to the Local 1021 County COPE Committee. Additional members may attend County COPE Committee meetings.

 

Article 6.  STEWARDS: 

Stewards are appointed by the board to represent members under the collective bargaining agreement. Stewards are the face of the union at the worksite and are critical to building a strong, engaged and active membership. Stewards’ roles and responsibilities include, but are not limited to: provide ongoing training; welcome and orient new members; mobilize, educate, and inform members on union activities and other issues; resolve worksite issues; process grievances; provide timely and effective representation of the members.

 

Article 7.  LABOR-MANAGEMENT COMMITTEE:

Members of the Labor-Management Committee shall be appointed by the Board for renewable one-year terms, to participate in regular meetings with management and bargaining sessions as outlined in the collective bargaining agreement. Appointees to the Committee are subject to recall per Article 13 below.

 

Article 8. GRIEVANCE REVIEW COMMITTEE:

Members of the Grievance Review Committee shall be appointed by the Board for renewable one-year terms, to participate in any stage 3 or 4 grievances, as outlined in the collective bargaining agreement. Appointees to the Committee are subject to recall per Article 13 below.

 

Article 9.  WEB SITE STEWARD:

A Web Site Steward shall be appointed by the Board to maintain and update the Chapter web page.

 

Article 10.  INDUSTRY COUNCIL REPRESENTATIVES:  The chapter shall elect or appoint representatives to attend meetings of Local 1021 industry councils (the method of selection is subject to industry determination).

 

Article 11.  CONVENTION DELEGATES: 

Chapter delegates to the SEIU 1021 biennial convention shall be elected by secret ballot by Chapter members in good standing based on the following formula: two (2) delegates for each chapter and two (2) additional delegates for every additional one hundred fifty (150) members in each chapter. Chapter may specify that the Chapter President and/or Vice President shall serve as automatic delegates to the convention

 

Article 12.  CONTRACT NEGOTIATIONS:  The General Membership shall elect a contract negotiations committee of 3-5 members consistent with applicable collective bargaining agreements. Upon completion of negotiations, a copy of the collective bargaining agreement shall be forwarded to the SEIU 1021 Executive Board.

 

Article 13.  RECALL: 

Recall of officers, or members of the Labor-Management or Grievance Review Committees, may be originated by a petition signed by at least twenty percent (20%) of the membership. After the recall has been originated, the Chapter Board shall appoint an Election Committee and conduct a secret ballot election of the General Membership within sixty (60) days of the presentation of the recall petition. A majority of votes cast shall determine the recall.

 

Article 14.  VACANCIES:  

An elective office shall be declared vacant when the holder of the position resigns from office, resigns from the Union, is no longer a member in good standing, is on an extended leave of absence, or is recalled. Vacancies, with the exception of convention delegate, that occur within six (6) months of the expiration of the term may be filled by appointment of the Chapter President; otherwise, vacancies shall be filled by election of the General Membership.

 

Article 15.  CHAPTER ELECTIONS:

Note: This article does not apply to elections that are solely to elect Chapter convention delegates.

 

(a)  Election Schedule:  Chapter elections shall be held biennially in odd-numbered years and must be completed by September 1 of those years.

(b)  Election Committee:  The Chapter Board shall appoint three (3) members to an Election Committee. Members of the committee may not be candidates for office in the election. The committee shall adopt all rules and regulations necessary to assure a fair and honest election and nominations procedure and shall provide each candidate with a copy of same. The committee also hears challenges to the conduct of the election. The Election Committee shall submit a written report to the Chapter Board and Local 1021 President within three working (3) days following the ballot count. The report shall include the election rules, procedures, schedule, candidate/issue vote totals, any challenges filed, and names and phone numbers of Election Committee members. Election results shall be provided to the membership following the election. 

(c)  Eligibility:  In order to run for and serve as a Chapter officer, candidates shall have been members in good standing for at least one (1) semester and be employed within a bargaining unit represented by the Chapter. Only members in good standing are eligible to participate in chapter elections. Any member in Tiers 2-4 can serve during semesters they are not employed, assuming they have a reasonable expectation to return to employment the next semester.

(d)  Notice:  Notice of the election shall be given to each Chapter member in good standing at least thirty (30) days prior to the date set for the election by written notice and/or Chapter newsletter (notice must be at least 30 days in advance of the deadline for nominations). The notice must include method of nomination, deadline for nominations, deadline for submission of candidates’ statements (if appropriate and permitted), method of election, date, time, and place of voting, procedures for obtaining ballots, and challenge procedure. All official election materials and communications must be reviewed by the Election Committee and the assigned field representative prior to publication.

(e)  Nomination for Office:  Nominations for office will be submitted in writing or email to the Election Committee. Nominees must submit notice of acceptance of nomination within three (3) days of the deadline set for nominations. 

(f)    Voting:  Chapter elections must be conducted by secret ballot. Only members in good standing are eligible to vote. Proxy voting and write-in candidates are prohibited. A plurality of valid ballots cast shall determine the elected candidates. In the event of a tie vote, a run-off election shall be conducted. 

(g)  Ballot count:  The Election Committee shall count ballots at a location, date, and time announced to the membership.

(h)  Election Materials:  All election materials must be saved for one (1) year.

(i)    Challenges:  Challenges to or disputes arising from a Chapter election must be submitted to the Chapter Election Committee within six (6) working days of the submission of the committee’s election report to the Chapter Board. Challenges must be submitted in writing and must cite specific violation(s) of the Chapter election rules and procedures, Chapter bylaws, or the Local 1021 Bylaws and Constitution. Challenges to the election will be considered valid only if they cite specific violations of election rules and procedures, Chapter bylaws, or the Local 1021 Bylaws and Constitution and if the alleged violation may have affected the outcome of the election. The Chapter Election Committee shall investigate and resolve challenges within ten (10) working days of receipt of the challenge. The Election Committee may order a re-run of all or part of the election.

(j)    Appeals:  Challenges or disputes which are denied or cannot be resolved by the Chapter Election Committee may be appealed in writing to the Local 1021 Executive Board within five (5) working days of receipt of the Chapter Election Committee’s decision. The Local 1021 Executive Board shall investigate and respond within fifteen (15) working days of receipt of the challenge. Challenges to the election will be considered valid only if they cite specific violations of the Chapter election rules and procedures, Chapter bylaws, or the Local 1021 Bylaws and Constitution and if the alleged violation may have affected the outcome of the election.

 

Article 16.  CONTRACT RATIFICATION: 

Ratification or rejection of a tentative agreement shall be referred to the General Membership at a membership meeting(s) called for that purpose and/or through a mail ballot. The ratification vote shall be by written, secret ballot. Proxy voting shall not be allowed. At least six (6) days’ notice must be given prior to a contract ratification vote.

 

Article 17.  STRIKE: 

The Chapter may not initiate a strike without a majority concurrence vote of the voting membership by secret ballot in compliance with the International Union Constitution. The strike vote may be conducted at a membership meeting or through a mail ballot. Proxy voting shall not be allowed. At least three (3) days’ written notice shall be given prior to a meeting at which a strike vote is in order. If a strike vote is rendered, the Chapter shall obtain a sanction from the Local 1021 Executive Board. The Chapter shall not strike without previous notification to the SEIU President or, where prior notice is not practicable, without notification as soon as possible after commencement of the strike, in which notice the Chapter states that it has complied with all applicable notice requirements. Strike sanction shall also be received from the local central labor council prior to a strike.

 

Article 18.  PROCEDURE AND DEBATE: 

Chapter meetings shall be governed by the Manual of Common Procedure, Rules of Debate, and Order of Business set forth in the Constitution of the International Union.  Every member shall follow and be subject to such rules governing debate at all meetings of the Chapter. 

 

Article 19.  AMENDMENT: 

Amendments to these bylaws may be originated by a majority vote of the Chapter Board or by petition signed by at least fifteen percent (15%) of the membership. These bylaws may be amended by majority vote of the General Membership at a membership meeting or a mail ballot. Members must be notified at least thirty (30) days prior to the consideration of any amendment and provided with the proposed amendments and the original sections of the bylaws. Amendments to these bylaws shall be submitted to the Local Union (SEIU 1021) headquarters to be reviewed for conformity to the Local 1021 Bylaws and Constitution and to be kept on file. No amendment shall be valid or become effective until approved by the Executive Board of the Local Union. Amendments required to bring these bylaws into compliance with the Constitution or Bylaws of the Local Union or the International Union may be made by vote of the Chapter Board without submission to the General Membership.

 

 

 

APPENDIX 1

Eligible duties and procedures for employer-funded bank of union hours

 

If the chapter contract stipulates the existence of an employer-funded bank of hours for union duties, the following shall apply:

 

Union related duties performed by elected or appointed Union Member Representatives (Stewards, Web Site Steward, and members of the Grievance Review Committee and the Labor-Management Committee) shall qualify for payable hours under the terms of the employer-funded bank of hours. Bargaining-related duties performed by elected or appointed Bargaining Team members shall also qualify for payable hours under the terms of the employer funded bank of hours.

 

Union and bargaining related duties shall be defined as any time spent in official meetings with Mills College administration or its representatives as it relates to responsibilities of Union Member Representative or Bargaining Team positions, as well as meetings undertaken with members by union stewards pertaining to employment concerns. Preparation time for these meetings shall also be approved as qualifying payable hours at the discretion of the current Chapter Board.  

 

Other duties done on behalf of the union (by Officers, Union Member Representatives, union members or bargaining unit faculty members) will be considered voluntary.

 

The Chapter Treasurer will be in charge of maintaining records of qualifying payable hours and overall balance of bank of hours. The Union Member Representative and Bargaining Team members will be responsible for submitting to the current staff representative, in a timely fashion, clear records of hours, to the nearest 1/4 hour (15 minutes), for signature approval using a union provided time sheet. Only qualifying payable hours performed during the semester in which reimbursement is being requested for will be approved unless the hours were performed 30 days before the last day of the semester.

 

In order to conserve an appropriate balance in the bank of hours, no more than half of the annual hour allowance shall be used per semester (for example: annual hour allowance of 300 hours = 150 hours per semester eligible for use). If the contract states that a designated amount of hours must be set aside in the last year of the agreement for bargaining related duties, that year shall not use more than half of the annual hour allowance minus the bargaining hours per semester (for example: annual hour allowance of 300 hours-120 bargaining hours = 90 hours per semester eligible for use in last year of the contract). To increase the amount of hours to be used in any given semester a General Membership meeting must be convened and a vote to increase the amount of hours must pass.  

 

Because this is a new chapter, contract, and a precedent-setting agreement regarding employer-paid union work, members will meet after one year to discuss the implementation of the above and consider changes.

 

Definition of terms:

 

Officers = elected Chapter Board members (President, Vice President, Secretary, Treasurer, Chief Steward, COPE Coordinator/Delegate)

 

Union Member Representatives = elected or appointed Stewards, Web Site Steward, and members of the Grievance Review Committee and the Labor-Management Committee

 

Union Staff Representative = SEIU 1021 Representative/Organizer

 

Union members = official members who are eligible to vote and serve as officers.

 

Bargaining unit faculty members = all adjunct faculty currently eligible to be members and covered by the terms of the collected bargaining agreement.