University Staff Association

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Constitution

Table of Contents

ARTICLE I
ARTICLE II
ARTICLE X

ARTICLE I. NAME

The name of this organization shall be the University Staff Association, hereinafter referred to as the “Union”.

ARTICLE II. PURPOSE

The purpose of this Union shall be to promote the general welfare of its members, to protect and advance the interests of its members, to advance the employment status and circumstances of its members and to gain recognition of the basic importance of the classified staff in the functioning of the University. Nothing in this Constitution shall be construed to prevent the Union from pursuing objectives which are consistent with the stated purposes of the Union.

ARTICLE III. MEMBERSHIP ELIGIBILITY, RIGHTS AND DUTIES

Section A Eligibility

  1. All employees in the Unit as defined by MLRC Case No. SCR-2115, as amended by CAS 3080 and CAS 3081, shall be eligible for membership in the Union. For the purposes of this Constitution, the Unit shall be understood to consist of: All full-time and regular part-time administrative, clerical and technical employees of the University of Massachusetts at Amherst; excluding regular part-time employees who are expected to work less than 50 percent (50%) of the hours in a work year of a full-time employee in the same title; managerial and confidential employees within the meaning of M.G.L. Chapter 150E; students; employees paid on an hourly basis; supervisory employees and all other employees.
  2. No person otherwise eligible for membership in the Union shall be denied membership because of race, gender, color, creed, national origin, sexual orientation, age, marital status, disability, economic status, veteran status, political affiliation/beliefs, or membership/non-membership in any group or organization.
  3. Members of the Union shall be members of the Massachusetts Teachers Association and the National Education Association.
  4. Members who do not fulfill conditions for membership in good standing shall revert to agency fee status.
  5. Employees new to the bargaining unit shall arrange payment of Union dues/agency service fee within sixty (60) days of entry into the unit.
  6. The only classifications of membership recognized by this Union are active membership, honorary membership and retired membership.
  7. g. An honorary membership may be conferred by a two-thirds (2/3) vote of the Executive Board or by a two-thirds (2/3) vote of the membership. A list of honorary members shall be posted in the Union office.
  8. h. Retired Membership is available to those employees who were members of the Union at the time of retirement, upon payment of $10 annual dues. Retired members may also become Retired Members of the Massachusetts Teachers Association and the National Education Association, upon payment of membership dues to each respective organization. Retired members may join the Retired Members Committee. Retired members may also enjoy other privileges or benefits as determined by the Executive Board.

Section B Membership in good standing
Members in good standing, hereinafter called “member”, shall:

  1. Act in and observe the best interest of the Union in accordance with Article II of the Constitution.
  2. Be current in terms of the authorized payment plan by which he/she has opted to pay dues, except that a member paying through the authorized payroll deduction plan who is off payroll and not deducted for a period of time shall retain status as a member so long as he/she remits any amount due within thirty (30) days following a request to do so by the Union.
  3. Arrange by October 15 for full payment of Union dues for the current fiscal year.
  4. People who choose to pay the agency fee shall not be considered members in good standing.
  5. Section C. Rights
    Every member of the Union in good standing shall have equal rights and privileges within the Union, including, but not limited to:
  6. The right to attend Union membership meetings and participate in the leadership of the Union;
  7. The right to vote in all elections and on all business at membership meetings.
  8. The right to serve on Union committees.
  9. The right to be a candidate for both elective and for appointive Union office, subject to the nomination procedure and membership requirements for each post, as specified in this Constitution.
  10. The right to make recommendations and proposals or to criticize the activities of Union officers or committees.
  11. The right to present charges to the Judiciary against any member, steward, officer, board, or committee and if so charged, receive a fair and open hearing on any charge in accordance with the provisions of this Constitution.

Section D. Duties Because every member has the duty to strengthen and defend the Union and advance the aims of the membership, all members are encouraged to attend membership meetings, vote and otherwise participate in the activities of the Union.

ARTICLE IV. DUES

Section A.
Members of the University Staff Association pay dues to the local (University Staff Association), the state affiliate (Massachusetts Teachers Association), and the national affiliate (National Education Association).

Section B.
The dues rate of the Massachusetts Teachers Association and the National Education Association are determined by those organizations’ established procedures.

Section C.
Adjustment of the University Staff Association dues rate shall be the exclusive right of the membership.

Section D.
The procedure to adjust the local dues rate shall be:

  1. Within 45 days after the Annual Meeting, the Executive Board may call a special Membership Meeting to discuss and vote on a proposed dues increase and any other important issues. If 2/3 of the members attending the meeting vote in favor of a change in dues, it will take effect immediately.

ARTICLE V. AGENCY SERVICE FEE

Section A.
Persons covered by the Union’s Collective Bargaining Agreement who choose to pay an agency service fee rather than membership dues shall, by reason of not being members in good standing, not be eligible to vote in any election or balloting by the Union (except for contract ratification), shall not be entitled to hold office and shall not be eligible for appointment to any Union committee or as a Union representative to any external committee.

Section B.
Persons who pay any agency service fee are covered by the Union’s Collective Bargaining Agreement. They are entitled to fair and equal representation by the Union in all matters covered by the Union’s Collective Bargaining Agreement.

Section C.
Persons choosing to pay an agency service fee may request, according to established procedure, a rebate of that portion of the fee that has been expended for those purposes outlined in Chapter 150E of the Massachusetts General Laws and in the Collective Bargaining Agreement between the University Staff Association and the University of Massachusetts Board of Trustees.

ARTICLE VI. EXECUTIVE BOARD

Section A.

  1. The elected Executive Board shall consist of three officers: President, Vice-President, Treasurer/Membership Secretary. Members of the General Board include: General Secretary, Grievance Officer, Chief Steward, Classification Specialist, Steward’s Council Chair, Communications Coordinator, Legislative Coordinator, Special Projects Coordinator and Health and Safety Coordinator. It shall be the governing authority of the Union. Executive Board members shall be members in good standing. All matters affecting policies, aims and means of accomplishing the purposes of the Union not specifically provided for in the Constitution or by action of the membership shall be decided by the Executive Board using any legal method.
  2. Any USA Member, who is not currently a member of the Executive Board, and who is elected to a board position with the Massachusetts Teachers Association or the National Education Association, shall also serve on the USA Executive Board as a voting member. Any current Executive Board member who is elected to a board position with the Massachusetts Teachers Association or the National Education Association, shall serve on the Executive Board with both titles, but only have a single vote.

Section B. The Executive Board shall be bonded.

Section C. The Executive Board shall:

  1. Be responsible for the management of the Union and shall carry out the policies of the Union as directed by the membership and in accordance with the University Staff Association Constitution.
  2. Adopt an annual budget for the operation of the Union, based on a fiscal year of July 1 through June 20.
  3. Recommend a proposed dues rate for action by the Annual Meeting in March.
  4. Have the power to employ staff for the operation of the Union office and adopt personnel policies for said staff.
  5. Establish special or ad hoc committees and task forces guided by a specific charge.
  6. Have the authority to declare a vacancy on the Executive Board so long as one of the following criteria have been met:

a. Two-thirds (2/3) of the Executive Board must determine that there is a vacancy due to an Executive Board member’s:

i. resignation,
ii. incapacitation, which shall be defined as the inability of the Executive Board member to perform the responsibilities of his/her position on a consistent basis for the duration of his/her term,
iii. loss of status as a member in good standing, or
iv. three unexcused absences of a member from executive board meetings.
b. Gross negligence as determined by the Judiciary (Article VIII, 3C)

Section D. The President shall:

  1. Be the executive officer and official spokesperson for the Union.
  2. Be the official liaison between the Union and the University; however, the President may designate another officer to act on his/her behalf in specific instances.
  3. Be the chief liaison between the Union and the MTA and NEA affiliates, or assign an officer to act on his/her behalf.
  4. Preside over meetings of the Executive Board and of the general membership.
  5. With the advice and consent of the Executive Board, make recommendations for appointments to University committees, boards and contract committees, and appoint members to or fill vacancies of:

a. Elections Board
b. Judiciary
c. Standing, Special and Ad hoc Committees and task forces
d. Stewards
e. Trustee to Health and Welfare Board
f. General board positions (General Secretary, Chief Steward, Classification Specialist, Chair of Steward’s Council, Communications Coordinator, Legislative Coordinator, Special Projects Coordinator, Health and Safety Coordinator) determined vacant as per Article VI, Section C a.

6. Determine, with the concurrence of the Executive Board, the regular meeting dates and times of the Executive Board, so long as such meetings are held no less than once a month.

7. Be the official liaison between the Executive Board and the Union’s employee(s).

8. Keep the Executive Board informed of all important matters pertaining to the MTA and NEA.

9. Be a member, ex officio, of all committees.

10. Be a member of the Negotiations Committee and the Bargaining Team.

Section E The Vice-President shall:

1. Act as the executive officer of the Union in the absence of the President.

2. Become President if the presidency becomes vacant between the regular biennial election of officers.

3. Represent the Union as executive officer when requested to do so by the President.

4. Be responsible for answering correspondence of a general nature from members.

5. Be a member, ex-officio, of all committees

6. Have signatory power, when such is delegated to him/her by the President

7. Shall assist the President by carrying out tasks delegated to him/her by the President.

8. Be a member of the Negotiating Committee and the Bargaining Team.

9. Act as Constitution Committee Chair

Section F The General Secretary shall:

1. Keep accurate and timely minutes of all meetings of the Executive Board and of the general membership, to be approved at the subsequent meeting.

2. With the assistance of the Union’s employee(s), maintain general office files and assist the President with Union correspondence when requested.

3. Be responsible for keeping attendance reports of Executive Board meetings and for reporting such attendance to the Executive Board on a quarterly basis.

4. Perform duties when required under Articles XI and XIII of this Constitution.

5. Determine if a quorum is present at all Union meetings.

6. Acting as Parliamentarian, advise the President, or presiding officer, at Executive Board and general membership meetings regarding procedure and order.

7. Be responsible for keeping an accurate record of all Union policies adopted, rescinded or amended by the Executive Board.

Section G. The Treasurer/Membership Secretary shall:

1. Keep accurate records of the membership of the Union.

2. Submit to the MTA, when required, the names and addresses of all members and all those electing to pay agency service fee in lieu of membership dues on an official enrollment form furnished by MTA.

3. Report regularly to the Executive Board and MTA changes regarding membership, including additions and deletions.

4. Propose districts of approximately equal size to the Executive Board.

5. Provide research on the fundamental data concerning membership affairs.

6. Serve as Chair of the Finance Committees.

7. Perform duties when required under Articles XI and XIII of this Constitution.

8. Hold the funds of the Union and disperse disburse them in accordance with the approved budget.

9. Determine the depositories for all incoming funds with recommendations from the Finance Committee.

10. Prepare financial statements for the annual meeting.

11. Bill all cash paying unit members for annual dues/agency service fees, undertake collection of unpaid dues/agency service fees, and collect authorization for payroll deduction forms from new bargaining unit members and submit to Payroll Department in a timely manner.

12. Keep accurate accounts of receipts, disbursements and withdrawals.

13. Countersign, with either the President or Vice President, all disbursements and withdrawals.

14. Report to the Executive Board on a quarterly basis the financial condition of the Union with recommendations for changes to the approved budget.

15. Take the appropriate action to ensure the delegate entitlements to the MTA Annual meeting and the NEA Representative Assembly are in order.

16. Be responsible for initiating an annual audit of the Union’s financial records for the preceding fiscal year within sixty (60) days of the end of the fiscal year

Section H. The Grievance Officer shall:

1. Coordinate contract administration with the stewards, especially with regard to grievances and arbitrations.

2. Report at every regular Executive Board meeting the status, disposition and nature of grievances, arbitrations and other matters.

3. Be a member of the Negotiations Committee and the Bargaining Team.

4. Serve as chairperson of the Grievance Committee. The Grievance Officer shall be the official liaison between the Executive Board and the Grievance Committee (see Article X, section G.8.) and shall be responsible for reporting on the actions of the grievance Committee on a monthly basis.

Section I – The Chief Steward shall:

1. Assist Grievance Officer with grievance filing and tracking grievances

2. Coordinate contract administration with the stewards, especially with regard to grievances and arbitration.

3. Serve on Grievance Committee.

4. Monitor new hires and prepare RFIs or grievances as appropriate

5. Act as Steward’s Council Chair in their absence.

Section J – Classification Coordinator

1. Guide members through the reclassification/reallocation process up to and including appeals.

2. Chair of Reclassification Committee (See Article X)

3. Track reclassifications and position descriptions and report regularly to the Executive Board, especially with regard to potential grievances and problems

4. Monitor, track and report to the board position descriptions that require actio

Section K – Steward’s Council Chair

1. Responsible for scheduling and facilitating steward council meetings,

2. Set up trainings for stewards in consultation with President and MTA Uni-serve representative as needed.

3. Report monthly to the Executive Board.

4. Advise stewards with grievances, and act as a steward when necessary.

Section L. Communications Coordinator

1. Responsible for coordination of the USA Voice, listserv administration, and general communications to the membership. Refer to Article X, G 4.

2. Act as Co-Chair of Communications Committee

3. Attend meetings of campus coalitions and report to the Executive Board

Section M. Legislative Coordinator

1. Coordinate with MTA/PAL to arrange quarterly meetings with area legislators

2. Stay informed on legislative topics that affect USA members

3. Work with USA President and Communications Coordinator to report issues to USA members

Section N. Coordinator of Special Projects

1. Coordinate and plan social events for USA members and the Executive Board

2. In coordination with the membership secretary arrange annual benefits fair

3. Assist all committees with special projects and report to the Executive Board

Section O. Health and Safety Coordinator as per Article X, G 6

1. Prepare quarterly flier for members on issues pertaining to health and safety

2. Act as Chair of Health and Safety Committee

3. Liasion between Environmental Health and Safety Officer and USA members

4. Serve on University Health Council

Section P. Terms of Office

1. The Executive Board shall be elected in the regular biennial election to a two year term.

2. Regular elections of the Executive Board shall be held in February of odd-numbered years.

3. Terms of regularly elected officers and members at large shall begin with the first regularly scheduled Executive Board meeting after the annual membership meeting.

4. Terms of officers and members at large elected in a special election or appointed by the Executive Board to fill vacancies on the Executive Board shall commence at the next regularly scheduled Executive Board meeting and shall extend only for the duration of the unexpired term.

ARTICLE VII. STEWARDS COUNCIL, CHIEF STEWARDS AND STEWARDS

Section A. Stewards

1. Members in good standing shall be elected as stewards by the members of the district in which they are candidates in regular biennial elections to a two year term in February of even-numbered years and shall take office, upon certification of the election results by the Elections Board, at the first regularly scheduled Executive Board meeting in March.

2. A candidate need not be located in the district for which he/she is running.

3. Vacancies may be filled by appointment.

Section B. Stewards Duties

Stewards represent their district in numerous ways, including, but not limited to, representing members for grievances, serving on the Stewards Council, and providing information to and receiving feedback and inquiries from individual members. Stewards shall:

1. Attend regular meetings of the Stewards Council, the general membership and any other regularly scheduled stewards’ meetings.

2. Three unexcused absences by a steward from Stewards Council meetings shall be grounds for a recommendation of dismissal to be made by the Steward’s Council Chair to the Executive Board.

3. Be responsible for introducing him/herself to all members in his/her district and for distributing information and Union communications to members in his/her district.

4. Become knowledgeable with the Union’s collective bargaining agreement and Constitution in order to be able to adequately represent and educate bargaining unit members regarding their rights and duties.

5. Act as liaison between the membership and the elected leadership via the Stewards Council and/or the Executive Board.

6. Have the option of designating district contacts with the approval of the Stewards Council and notification to the Executive Board. District contacts may aid and assist the Steward except with the grievance procedure.

Section C. The Stewards Council

1. The Stewards Council shall be a forum for:

1. a. Stewards training

b. General discussion of problems raised by members or stewards

c. Development of resolutions to problems brought to the attention of the Council by members and stewards

d. The formation of policy recommendations by stewards for consideration by the Executive Board.

e. Ensuring the continued education of stewards with regard to the Union’s collective bargaining agreement, this Constitution and the purposes of the Union.

2. All stewards shall be members of the Stewards Council.

3. Designated district contacts may attend and participate in discussion at the Steward’s Council, but may not vote on any matter before the council.

ARTICLE VIII. JUDICIARY

Section A.

The Judiciary shall be composed of five (5) members in good standing. The term of office shall be for three years. Members may be reappointed in April. The appointments shall be made by the President and approved by two-thirds (2/3) of the full Executive Board no sooner than thirty (30) days after the Annual Meeting. The Judiciary shall elect one of its members to serve as chair.

Section B.

The Judiciary shall function separately and independently of any Union board, council or committee. No member of the Executive Board, Stewards Council or Election Board may serve on the Judiciary. The Judiciary Board shall submit policy changes to the Executive Board for approval.

Section C.

1. Any member or the Executive Board may allege violations of the Constitution or Union policies by any member. Any member may allege gross negligence by any elected officer of the union for their failure to carry out his/her prescribed constitutional duties after being presented with two written warnings approved by a majority of the Executive Board or Steward’s Council in the case of a steward. Such allegation shall be made in writing to the Judiciary within six months of the time that the complainant knew of, or should have known of, the alleged violation.

2. The Judiciary shall determine and pronounce after inquiry and deliberation whether any policy or act of any Union board, council, committee or member is in accord with the Constitution of this Union. All decisions made by the Judiciary shall be committed to writing.

3. A fair and impartial hearing shall be convened within thirty (30) working days of the Judiciary’s receipt of the complaint unless both parties mutually agree to extend the deadline. The Judiciary shall reach a verdict within thirty (30) days of the conclusion of the hearing.

4. A member may be subject to a penalty if he/she commits an act found to be in conflict with this Constitution. The Judiciary, upon reaching such a verdict, shall declare in writing its findings and the appropriate penalty, and deliver said findings to the Executive Board, and via certified letter, to the complainant (if any), and the respondent (if any), within ten (10) working days of reaching its verdict. Said penalty may include, but is not limited to, a written reprimand or loss of membership in good standing, but in no case shall a member be subject to a pecuniary fine.

5. A negative finding and/or penalty may be appealed within ten (10) working days of the receipt by the respondent of the certified judiciary verdict (see Article XI, section E,1.). Such an appeal shall take the form of a referendum directly to the membership who will be asked to vote for either upholding or overturning the verdict/penalty. Upon receipt by the Executive Board of a written appeal from the respondent, the Executive Board shall notify the Elections Board of the appeal, and the Elections Board shall conduct a referendum within sixty (60) calendar days. The complainant and defendant shall both have the opportunity to present their cases in writing, which will be provided to the membership along with the written Judiciary decision and the announcement of the referendum election. The membership will be asked to either uphold or overturn the Judiciary decision as written. An appellant must be given the opportunity to present his/her case to the membership in a Union publication prior to the referendum election. If a member exercises the right of appeal, a stay of penalty shall take effect automatically and continue until the appeal process has been completed. If the finding and/or penalty is upheld by the membership, said penalty shall take effect upon declaration of the referendum vote by the Elections Board.

6. Any act or penalty of any Union board, council or committee declared unconstitutional shall be rendered null and void.

7. Upon written request, the Judiciary shall issue an advisory opinion regarding any matter submitted to it by any member, committee, council or board of this Union.
8. Decisions shall be by majority vote. A minority opinion may also be submitted with the majority decision.

9. A Board member shall be disqualified from any case when there exists a conflict of interest.

10. Each Judiciary hearing will be conducted by a three-person panel selected from the Judiciary membership on a rotating basis.

ARTICLE IX. ELECTIONS

Section A. The Elections Board shall be comprised of five members appointed by the Executive Board to serve a two year term. Members may be reappointed.

Section B. The Elections Board shall function separately and independently of any Union board, council or committee. No member of or candidate for the Executive Board, Judiciary or Steward may serve on the Elections Board.

Section C. The Elections Board shall:

1. Elect one of its members to serve as chair.

2. Ensure that all nominations and elections are conducted to provide the fullest possible participation by the members and enable members to choose freely the leadership of the Union; therefore, the Board shall:
a. Issue a call for nominations in a Union publication at least ten (10) working days prior to the nomination deadline.
b. Open nominations at a general membership meeting whenever possible.
c. Ensure that the nomination period is open for not fewer than ten (10) working days.
d. Establish and maintain nomination and election policies and procedures.
e. Be responsible for verifying said nominees are members in good standing.
f. Ensure that no member is a nominee for more than one office in any local election.
g. Ensure that no nominee for an Executive Board position holds that position on the Executive Board at the time of election, except during the regular general election of officers and members at large.
h. Publish the names of and information about each candidate for elective office prior to the balloting period. Candidates for the Executive Board shall be given the opportunity to speak at a meeting of the general membership.
i. Conduct secret balloting on all matters provided for in this Constitution (i.e. election of officers and members at large, stewards, special elections to fill vacancies, recalls, referenda, initiative petitions, annual dues rate changes and constitutional amendments). The Elections Board shall determine the nature of the balloting.
j. Ensure that absentee ballots are available at the USA Office for all contract ratification elections and that all off-campus eligible members receive mail ballots.
k. Conduct ratification balloting in accordance with the provisions of Chapter 150E of the Massachusetts General Laws.
l. Conduct all elections in February where not otherwise specified.
m. Conduct run-off elections if necessary.
n. Be responsible for conducting special elections.
o. Ensure that the balloting period is no less than ten (10) working days.
p. Ensure that the nomination and balloting period is no longer than thirty (30) working days for walk-in elections or forty (40) days for mail balloting elections.
q. Count ballots within two working days after the balloting deadline, insure the security of the ballots and preserve ballots for the term of the office filled.
r. Prepare a written report certifying the election results and the vote totals and forward it to the Executive Board and Public Relations Committee which shall publish said report for distribution to the membership no later than ten (10) working days following the counting of the ballots and certification of the election.
s. Conduct elections for delegates to the MTA Annual Meeting and the NEA Representative Assembly in accordance with their requirements.
t. Not certify as elected any candidate who receives fewer than two (2) votes in any internal election.
u. Ensure that voting procedures adhere to majority rulings except as provided for in Articles XI and XIII.
v. a. Issue a call for nominations in a Union publication at least ten (10) working days prior to the nomination deadline.
b. Open nominations at a general membership meeting whenever possible.
c. Ensure that the nomination period is open for not fewer than ten (10) working days.
d. Establish and maintain nomination and election policies and procedures.
e. Be responsible for verifying said nominees are members in good standing.
f. Ensure that no member is a nominee for more than one office in any local election.
g. Ensure that no nominee for an Executive Board position holds that position on the Executive Board at the time of election, except during the regular general election of officers and members at large.
h. Publish the names of and information about each candidate for elective office prior to the balloting period. Candidates for the Executive Board shall be given the opportunity to speak at a meeting of the general membership.
i. Conduct secret balloting on all matters provided for in this Constitution (i.e. election of officers and members at large, stewards, special elections to fill vacancies, recalls, referenda, initiative petitions, annual dues rate changes and constitutional amendments). The Elections Board shall determine the nature of the balloting.
j. Ensure that absentee ballots are available at the USA Office for all contract ratification elections and that all off-campus eligible members receive mail ballots.
k. Conduct ratification balloting in accordance with the provisions of Chapter 150E of the Massachusetts General Laws.
l. Conduct all elections in February where not otherwise specified.
m. Conduct run-off elections if necessary.
n. Be responsible for conducting special elections.
o. Ensure that the balloting period is no less than ten (10) working days.
p. Ensure that the nomination and balloting period is no longer than thirty (30) working days for walk-in elections or forty (40) days for mail balloting elections.
q. Count ballots within two working days after the balloting deadline, insure the security of the ballots and preserve ballots for the term of the office filled.
r. Prepare a written report certifying the election results and the vote totals and forward it to the Executive Board and Public Relations Committee which shall publish said report for distribution to the membership no later than ten (10) working days following the counting of the ballots and certification of the election.
s. Conduct elections for delegates to the MTA Annual Meeting and the NEA Representative Assembly in accordance with their requirements.
t. Not certify as elected any candidate who receives fewer than two (2) votes in any internal election.
u. Ensure that voting procedures adhere to majority rulings except as provided for in Articles XI and XIII.
v. Publish proposed initiative petitions, referenda and constitutional amendments for distribution to the membership at least 20 (twenty) calendar days prior to the balloting period.

ARTICLE X. COMMITTEES

Section A.

There shall be standing committees having the specific functions outlined below. They shall have a minimum of three (3) members selected to represent different groups in the Union and shall be appointed by the President with the advice and consent of the Executive Board to terms extending for the duration of the Executive Board’s current term. Members may be reappointed.

Section B.

Committee members shall elect a chair from its members, unless the President, with the advice and consent of the Executive Board, appoints one. This section does not apply to those committees whose chairs are specified in the Constitution. The USA President and Vice President shall serve as ex officio members of all standing committees.

Section C.

Each standing committee shall meet as needed, but preferably on a regular basis and at least once every six months. Special meetings may be called by the chairperson. No non-unit employee or other non-member may attend standing committee meetings without the approval of the Executive Board. The members of a committee which fails to adhere to this requirement may be suspended from the committee.

Section D.

Each committee shall choose a secretary, whose position may rotate among members, to record the activities of the committee. The chairperson shall be responsible for filing a committee report after each committee meeting. The chairperson shall prepare an annual written report to be published as part of the Annual Report to the Membership.

Section E.

The President shall forward to the Chancellor, with the advice and consent of the Executive Board, the names of members to represent the Union on University committees/councils and statewide committees The President, with the advice and approval of the Executive Board shall forward to the appropriate Administrative authority, the names of members to represent the Union on contract committees.

Section F.

In addition to standing committees, members shall be recommended by the Executive Board to represent the Union on non-University committees.

Section G.

1. Standing committees are:
1. Negotiations Committee
2. Public Relations Committee
3. Human and Civil Rights Committee
4. Health and Safety Committee
5. Legislative Committee
6. Finance Committee
7. Grievance Committee
8. Educational Affairs Committee
9. Classification Committee
10. Retired Members Committee

2. The Negotiations Committee shall solicit feedback from the membership regarding issues and concerns related to the USA Contract, and to discuss proposed changes to be presented to the Administration during contract bargaining. It shall choose several of its members to serve on the Bargaining Team. The team shall negotiate with the employer on hours, wages and working conditions for all employees in the bargaining unit and shall prepare proposals, subject to approval and amendment by the Executive Board, to be placed before the employer. The President, Vice President and Grievance Officer shall be members of the Negotiations Committee and Bargaining Team ex officio. Negotiations in progress shall be reported to the Executive Board on a regular basis. The Bargaining Team shall prepare and submit its reports and recommendations to the membership at a ratification meeting upon reaching a tentative agreement on all matters under negotiation. Procedures for ratification shall be in accordance with the provisions of Chapter 150E of the Massachusetts General Laws.

3. The Public Relations Committee shall develop public understanding of the purposes and the programs of the Union, the value of public education and the role of the employee. It shall inform members of the policies, programs, services and accomplishments of the Union. It shall develop procedures by which the Union can work cooperatively with faculty, students, alumni and social organizations through all available channels of communication. With the approval of the President and notification given to the Executive Board, the Public Relations Committee is responsible for releasing information regarding the Union to the media. This shall not detract from the President’s responsibilities as chief spokesperson for the Union. The Public Relations Committee is responsible for publishing Union communications. The Public Relations Committee shall make all efforts to notify the membership of board and committee vacancies and other opportunities to serve in the MTA and NEA.

4. The Human and Civil Rights Committee shall plan, develop and promote activities as appropriate to further the civil and human rights of employees and other members of the University community, address issues relating to classism, promote diversity and to establish effective cooperative relationships among employees and the University, students, faculty and community organizations.

5. The Health and Safety Committee shall be concerned with all matters affecting the work site environments of the members. Furthermore, it shall take appropriate measures to ensure that the interests of all members and employees are served and protected in a responsive manner.

6. The Legislative Committee shall have a broad concern for state and national legislation and for the University and state administrative rule making and policy formation affecting the interests of the Union. The Legislation Committee shall encourage members to exercise their civil and political rights and shall keep them informed of new legislation, administrative and state rule making and policy formation.

7. The Finance Committee, which shall be chaired by the Treasurer/Membership Secretary, shall prepare an annual budget for approval by the Executive Board, retain an auditor and affix the compensation of said auditor, make recommendations pertaining to the long term investments of funds and assist the Treasurer/Membership Secretary in preparing financial statements.

8. The Grievance Committee shall organize and expedite all grievances from first step through arbitration. It shall develop and refine the grievance process. The Grievance Committee shall consist of the Grievance Officer, the Chief Steward, and the Chair of the Steward’s Council.

9. The Educational Affairs Committee shall develop and/or coordinate proposals for the continued education of Union members, including proposals related to the Career Ladder and Workplace Education Programs and the reclassification process.

11. The Classification Committee shall assist members with upgrades up to and including appeals to the Civil Service Commission and work with the President and Vice President on matters pertaining to job classifications. Committee members will assist the Classification Coordinator to monitor and track all campus vacancies.

12. The Retired Members Committee shall make recommendations regarding the interests of the Union’s retired members and retired bargaining unit employees. The Retired Members Committee and its members may consult with other committees.

Section H. The Executive Board may organize from the membership of the Union special committees, ad hoc committees and task forces for special activities and specific tasks. Committees shall be guided by a specific charge. They may be designated as continuing committees or have an established sunset date.

ARTICLE XI. RECALL OF ELECTED OFFICIAL AND INITIATIVE PETITION/ REFERENDUM /JUDICIAL APPEAL

Section A.

Any elected Union official may be subject to a recall election of one-fifth (1/5) of the membership in his/her district in the case of a steward or if one-fifth (1/5) of the total membership, in the case of any other elected official, submits consistently worded petitions to the Membership Secretary for the purpose of recalling an official.
Section B.

1. The Treasurer /Membership Secretary shall certify that the number of members’ signatures on said petitions satisfy the Constitutional requirement. He/she shall then notify in writing the Executive Board, the affected official and the Elections Board. The Elections Board shall conduct a recall election in a timely manner.

2. In the event that a petition is submitted to recall the Treasurer /Membership Secretary, the General Secretary shall assume the responsibility for receiving and certifying said petition.

Section C. An official shall be deemed recalled if two-thirds (2/3) of the ballots cast favor removal.

Section D. Initiative Petition/Referendum

1. Any member of the Union may submit an initiative petition or referendum.

2. Upon submission of consistently worded petitions by at least ten percent (10%) of the total membership, the Membership Secretary shall review said petition for the required number of members’ signatures and report the receipt of said petition to the Election Board.

3. The Election Board shall conduct an Initiative Petition or Referendum election within thirty (30) working days of receipt of the aforesaid notification.

4. In the event that the Membership Secretary is unable to discharge his/her duty as directed under this article, the General Secretary shall assume said duties.

5. An Initiative Petition or Referendum shall be deemed adopted if a majority of those members voting cast ballots in its favor.

ARTICLE XII. MEETINGS

Section A. Executive Board Meetings

1. The Executive Board shall meet at least once a month, which shall not include joint meetings of the Executive Board and Stewards Council, as described in subsection 4.

2. Special Meetings:
a. Any three members of the Executive Board may request special meetings.

b. Special meetings of the Executive Board shall be called when the nature of business is of sufficient urgency that postponement of such business will have a substantial impact on the members or the timely action of the Executive Board is required prior to the next regularly scheduled Executive Board meeting. Any request for a special meeting shall be presented to the President who shall schedule such meetings at the earliest opportunity for a majority of the Executive Board to be present.

3. A majority of the total membership shall be a quorum of the Executive Board.

4. There shall be at least two joint Executive Board/Stewards’ Council meetings held per year. These meetings will be co-chaired by the USA President and the Steward Council Chair.

Section B. General Membership Meetings

1. There shall be at least seven (7) general membership meetings per year, the dates to be determined by the Executive Board. The March membership meeting shall be the Annual Meeting, at which time the annual budget shall be presented. The President shall prepare the tentative agenda for each meeting. The agenda for the Annual Meeting shall be published five (5) working days prior to the date of the meeting.

2. A quorum for any membership meeting shall be twenty five (25) members.

3. All Union officials shall, whenever possible, attend general membership meetings.

4. Special meetings of the membership may be held at the call of the President, by a majority vote of the Executive Board or upon written request to the Executive Board from five per cent (5%) of the membership. Items of business to come before a special membership meeting must be stated in the request and circulated to the membership and business shall be limited to those items.

Section C. The Executive Board and membership meetings shall be conducted according to the latest version of Roberts Rules of Order, Revised with the following exceptions: Such meetings shall be conducted by the President or designee who shall be allowed to 1) bring up items for discussion, 2) speak for and against motions, and 3) vote. The Executive Board shall extend the privilege of absentee voting to executive Board members in exceptional circumstances.

ARTICLE XIII. AMENDMENTS TO THE CONSTITUTION

Section A. The Constitution of this Union may be amended by addition, deletion or substitution.

Section B. The process of amendment may be accomplished by one of two procedures:

1. By Initiative Petition:

a. One-fifth (1/5) of the total membership may submit consistently worded petitions which specify the particular section(s) to be deleted and/or contains the detailed addition(s) and/or substitution(s). Said petition(s) shall be submitted to the Membership Secretary.

b. The Membership Secretary shall review said petition(s) for the required number of members’ signatures within ten (10) days.

c. When the Treasurer/Membership Secretary certifies that the signatures on said petition(s) satisfy the constitutional requirement, he/she shall notify the Executive Board and the Elections Board in writing. The Elections Board shall conduct an election for the purpose of amending the Constitution within thirty (30) days of receiving the aforesaid notification.

d. The Constitution shall be amended if three-fifths (3/5) of the ballots cast favor the proposed change.

e. In the event that the Treasurer/Membership Secretary is unable to discharge his/her duties as set forth in Article 13 of this Constitution, the General Secretary shall assume responsibility for carrying out said duties.

2. By recommendation of the Executive Board:

a. The Executive Board, whenever two-thirds (2/3) of its members deem it necessary, shall propose amendments to this Constitution.

b. The proposed amendment(s) shall be submitted in writing to the Elections Board

c. The Elections Board shall conduct an election for the purpose of amending the Constitution within thirty (30) days of receiving the proposed amendment(s).

d. The Constitution shall be amended if three-fifths (3/5) of the ballots cast favor the proposed change.

ARTICLE XIV. ADOPTION OF THE CONSTITUTION

This Constitution shall be adopted if two-thirds (2/3) of the ballots cast are in its favor and shall take effect immediately.

ARTICLE XV. STIPENDS FOR OFFICERS OF ASSOCIATION

USA Officers (Vice President, Grievance Officer, Treasurer/Membership Secretary) will be reimbursed monthly up to $45.00 for personal internet and phone costs until such time as they resign or are finished with their term.