Bylaws & Contract

Click here to view our contract (July 1, 2005 - June 30, 2008):

http://www4.oakland.edu/upload/docs/UHR/CT_Contract_2.pdf

CONSTITUTION

PREAMBLE

We, the educational support personnel of Oakland University, believing that we must institute our own self-government and secure proper recognition and responsibility for the well being of our members, adopt this Constitution.

I. NAME

The name of this organization shall be the Oakland University Professional Support Association – MEA/NEA (OUPSA – MEA/NEA), an affiliated unit of the Michigan and National Education Associations. The Association shall be a nonprofit corporation organized in accordance with the laws of Michigan.

II. PURPOSE

Section 1. To unite into one association, regardless of religion, race, creed, color, sex, age, handicap, political or fraternal affiliation or nationality, all clerical-technical workers employed by Oakland University.

Section 2. To work for the advancement of education and the welfare of the students of Oakland University as well as the professional growth of all.

Section 3. To secure and maintain the wages, fringe benefits, retirement, sick leave, and other working conditions necessary for members.

Section 4. To enable members to speak with a common voice in matters of Oakland University policy pertaining to the members' interests and to present their common interests before the Oakland University Administration and other legal authorities as provided by law.

Section 5. To encourage members to exercise their rights and privileges as citizens and to willingly accept leadership in civic affairs.

III. MEMBERSHIP

Section 1. All persons who meet the active membership requirements of the Michigan Education Association may, upon payment of dues as herein provided, become active members of OUPSA – MEA/NEA with full rights and privileges of membership.

Section 2. Active members of this association shall also be members of the Michigan Education Association (MEA) and the National Education Association (NEA).

Section 3. No member shall be censured, suspended or expelled without a hearing. The hearing shall be conducted by the local trial body or by the local governing body if no trial body exists. An appeal may be made to the regional board of reference or MEA Board of Reference if no regional board exists.

IV. OFFICERS AND GOVERNING BODY

Section 1. OFFICERS: The officers of the association shall consist of a president, a vice president, a secretary, and a treasurer. Terms of office shall be for three (3) years and shall commence on April 1.

Section 2. DELEGATES: The term of office for MEA representative assembly delegates and alternate shall be three (3) years commencing on September 1.

Section 3. EXECUTIVE BOARD: There shall be a governing body known as the Executive Board, which shall consist of Officers, Grievance Committee members, Association Representatives, and MEA Representative Assembly delegates.

Section 4. REPLACEMENT: Any member of the Executive Board who is absent from three (3) consecutive regularly scheduled meetings of the Board without proper excuse or valid reason shall no longer be considered a member of the Executive Board, and the position shall be considered vacant. Vacancies in the office shall be filled according to procedures provided in the Bylaws.

V. DIRECT LEGISLATION

Section 1. INITIATIVE AND REFERENDUM: The rights of popular initiative and referendum shall rest with the active membership of the Association. Upon receipt of a petition signed by forty percent (40%) of the active membership of the Association and validation by the Treasurer that those signing are active members of the Association, the Secretary shall announce a general meeting as indicated on the petition, within fifteen (15) calendar days for the purposes presented in the petition. A majority affirmative vote of the total active membership shall be required for its adoption, which shall take effect thirty (30) days later.

Section 2. RECALL: The rights of recall shall rest with the active membership of the Association. Upon receipt of a petition signed by forty percent (40%) of the active membership of the Association and validation by the Treasurer that those signing are active members of the Association, the Secretary shall announce a general meeting or ballot, as indicated on the petition, within fifteen (15) calendar days for the purposes presented in the petition. A majority affirmative vote of the total active membership shall be required for its adoption, which shall take effect thirty (30) days later.

VI. MEMBERSHIP AND FISCAL YEAR

The membership and fiscal years shall be September 1 through August 31.

VII. AUTHORITY

Any part of this Constitution and/or Bylaws which is in conflict with the MEA and/or NEA constitutions and/or bylaws will be declared null and void.

VIII. AMENDMENTS

Amendments to this Constitution may be introduced by the membership by petition signed by forty percent (40%) of the total active membership and submitted to the Secretary. The Executive Board may also introduce amendments to the Constitution. These proposed amendments shall be acted upon at a subsequent meeting of the membership within at least sixty (60) days of submission. A copy of the proposed amendment, together with the recommendations of the Executive Board, shall be sent to each member of the Association at least five (5) days prior to voting. A two-thirds (2/3) affirmative vote of the active membership voting is required to adopt the proposed amendment, which shall become effective immediately upon adoption unless otherwise provided.

Adopted by the OUPSA-MEA/NEA general membership on January 30, 2002

Signed: Susan Russell, President Theawiana English, Secretary

BYLAWS

I. RULES

Roberts' Rules of Order, latest edition, shall be the authority on all questions of procedure not specifically stated in this Constitution and Bylaws.

II. MEETINGS

Section 1. GENERAL MEMBERSHIP: There shall be a minimum of four (4) general membership meetings during each year. The president shall schedule general membership meetings with approval of the Executive Board, with a minimum of 24-hours written notification to the general membership.

Section 2. EXECUTIVE BOARD MEETINGS: The Executive Board shall meet at least once each month during the period of September through May.

Section 3. Meetings shall be open to all members, and members shall be permitted to address meetings. Members shall provide one week's advance notice to the Secretary when they wish to address a scheduled Executive Board meeting.

Section 4. RATIFICATION MEETING: The President and the Negotiating Team are authorized to sign a legal, binding agreement with Oaldand University only after the completion of the following procedure at a meeting of the membership: (a) a report by the Negotiating Team; (b) a written digest of the proposed agreement; (c) discussion by the membership; and (d) majority affirmative vote, by secret ballot, of the total membership voting.

III. QUORUM

Section 1. GENERAL MEMBERSHIP: For purposes of establishing a quorum, twenty-five percent (25%) of the total active membership shall be required for all general membership meetings.

Section 2. EXECUTIVE BOARD: For purposes of establishing a quorum, a majority of the members shall be required for all meetings of the Board.

Section 3. COMMITTEES: For purposes of establishing a quorum, a majority of the members shall be required for all meetings.

IV. DUTIES OF OFFICERS AND DELEGATES

Section 1. PRESIDENT: The President shall preside over all meetings; appoint members of committees, with approval of the Executive Board and as provided elsewhere within these bylaws; be an ex-officio member of all committees except the Nominating and Election Committees; represent the Association before the public; be executive officer of the Association; serve as a Coordinating Council, a Region Council, and a Representative Assembly delegate; and perform all^,other functions attributed to this office.

Section 2. VICE PRESIDENT: The Vice President shall preside in the President's absence and perform duties as assigned by the President.

Section 3. SECRETARY: The Secretary shall keep accurate minutes of all meetings of the Association and the Executive Board. The Secretary shall make the minutes available upon a member's request at a time of mutual convenience.

Section 4. TREASURER: The Treasurer shall hold the funds of the Association and disburse them according to the decisions of the Executive Board; maintain a roll of members; keep accurate accounts of receipts and expenditures; report to each meeting of the Association and Executive Board; prepare monthly financial reports; keep the President and Executive Board informed of the financial condition of the Association; and draft the annual budget with the assistance of the Budget Committee, and submit it for approval to the Executive Board. The Treasurer shall be bonded and the Association shall provide for an annual audit of the books.

Section 5. REPRESENTATIVE ASSEMBLY (RA) DELEGATES: The Association shall have two (2) Representative Assembly Delegates and one (1) alternate. The President shall serve as one of the delegates and the membership shall elect the second delegate and one alternate. It is the responsibility of the Representative Assembly Delegates to keep the Association informed of actions by the MEA/NEA and issues to be presented to the Representative Assembly; and to attend the Representative Assemblies, meetings of the Region Council, and other appropriate meetings and report back to the Association. An Association Officer or Representative may serve simultaneously as an RA Delegate. Term of office shall be for three (3) years and commence September 1.

V. ASSOCIATION REPRESENTATIVES

Section 1. Association Representatives (AR) and alternates are elected on the basis of one (1) AR for each district. Each AR shall be elected by the members located in the district the AR is to represent. If both the elected representative and the elected alternate are no longer available to serve their district, the President is empowered to appoint a representative for the remainder of the term.

Section 2. Duties of ARs shall be to attend regular meetings of the Executive Board; to call meetings of their district membership to discuss Association business; to provide communication between members and the Executive Board; and to act as first-step grievance handlers.

Section 3. The term of office shall be for three (3) years, and commence April 1.

VI. THE GRIEVANCE COMMITTEE

Section 1. The Grievance Committee shall consist of a chairperson and two (2) members. They shall have been in continuous good standing in the Association for one (1) year prior to the nomination, and they shall be elected by plurality vote of the membership.

Section 2. The Grievance Committee shall administer the grievance procedure, and administer all contracts of the Association.

Section 3. Each member of the Grievance Committee shall have jurisdiction over districts as designated by the Executive Board of the Association.

Section 4. The term of office shall be for three (3) years and commence on April 1.

VII. POWERS OF THE EXECUTIVE BOARD

Upon the Executive Board shall rest the duties, responsibilities and final authority for the conduct of the Association in all matters except as provided in the Constitution and Bylaws. The Board may at any time refer matters to the general membership for consideration. Any matters which alter the existing contract shall be referred to the membership for a ratification vote.

VIII. NEGOTIATING TEAM

The Negotiating Team shall consist of the President and up to four (4) other members. Prior to February 1⁵¹of each negotiating year, the President shall appoint four (4) members, and one ( 1 ) alternate, with the approval of the Executive Board. The OUPSA – MEA/NEA team shall meet with Oakland University's negotiating team to negotiate contract provisions. They shall prepare a report and make a presentation to the Executive Board prior to a ratification meeting.

IX. NOMINATIONS AND ELECTIONS

Section 1. All elections shall be held under the supervision of a democratically elected Election Committee. A minimum of five (5) members shall be elected by plurality vote. The Committee shall follow established election procedures that guarantee all elections shall provide open nominations, secret ballot, voting procedures and preservation of ballots for at least one (1) year.

Section 2. The first item of new business at the triennial meeting scheduled to nominate Association officers shall be nominations and election of the Election Committee. The triennial meeting shall be held prior to March 15^th.

Section 3. The Executive Board shall appoint three (3) Board members to conduct the election of the Election Committee.

Section 4. All elected positions covered in these bylaws, unless otherwise specifically stated, are elected for a three (3) year term during each triennial election.

Section 5. The Executive Board shall certify the Election Committee report. The Election Committee shall publish results of the election. Official reports of elections must be filed with the MEA within thirty (30) days after the election.

X. VACANCIES

The President, with the approval of the Executive Board, shall make appointments to fill any vacant positions, with the exception of RA delegate, until the next general election is held.

XI. DUES

Section 1. Dues of the Association shall consist of the total amount of local, state and national dues. They shall be collected September through June.

Section 2. Local dues for OUPSA - MEA/NEA operating expenses shall be established by the membership. They shall be an amount equivalent to two month's MEA/NEA dues, which shall be pro-rated and collected September through June.

Section 3. Special assessments may be made only with the majority approval of the membership present at a regular membership meeting.

Section 4. MEA and NEA dues shall be promptly transmitted to MEA and in accordance with applicable MEA and NEA requirements.