VSCUP Constitution
I. NAME
The name of this organization is “VSC United Professionals, UPV/AFT,” also called VSC-UP.
II. PURPOSE
2.1 To secure full trade union rights, including those of exclusive recognition and collective bargaining, for all employees who are eligible for membership.
2.2 To bring VSC-UP members together for mutual assistance and cooperation.
2.3 To advance the welfare of all employees who are eligible for membership.
2.4 To promote the effectiveness and quality of the Vermont State Colleges.
2.5 To foster cooperation among labor organizations within the VSC and our communities.
III. MEMBERSHIP
3.1 Membership shall be open to all employees in the job titles covered by the VLRB unit determination, the collective bargaining agreement (also called the ‘contract’), and/or other agreements between VSC United Professionals (VSC-UP) and the Vermont State Colleges.
3.2 Associate membership shall be open to retired members. Associate members shall have all the rights and privileges of membership except the right to vote. The VSC-UP may set a special dues structure for associate members.
3.3 Membership shall be acquired by signing a form authorizing payroll deduction of VSC-UP dues. A member can resign by signing a revocation card.
3.4 Where separate contracts or contract provisions may occur between the VSC and the Professional, Administrative, and Technical unit or the Supervisors unit, only members in the appropriate unit shall vote on those contracts or contract provisions. Only members whose dues are current shall have the right to vote on matters brought before the membership.
3.5 Membership privileges shall be suspended for any member whose dues are more than sixty days past due, until such time as the dues are brought current. Membership shall be withdrawn for any member whose dues are more than one hundred eighty days past due.
3.6 A member may be expelled from the organization as follows. If two or more members bring written and signed charges to the Executive Council, a majority of the Council shall cause an expulsion hearing to be held. At that time the accused member shall have the right to examine and question the charges and be represented by a person of his or her choice. At the conclusion of the hearing, a majority vote of the Executive Board shall be required for expulsion. A person thus expelled may appeal the decision to the membership by requesting a vote at the next member meeting. A simple majority of the members voting shall affirm or overturn the expulsion.
IV. REPRESENTATION STRUCTURE
4.1 The organization shall have four chapters, one at each Vermont State Colleges campus. Each chapter shall consist of the VSC-UP members from that campus.
4.2 Each chapter shall elect three officers: Chapter Chair, P.A.T. Representative, Supervisory Representative; the latter two are also called Unit Representatives.
4.3 The organization’s Executive Council shall consist of a President, Vice-President, and Secretary-Treasurer, who shall be elected by the general membership, plus two Executive Vice Presidents, one from each bargaining unit, who shall be elected by the members of the respective bargaining units.
4.4 The organization shall have a Delegate Assembly consisting of the eight Unit Representatives (four P.A.T. Representatives and four Supervisory Representatives) and the Executive Council.
V. DUTIES OF OFFICERS
1. The President shall:
a. be the principal executive officer of the organization;
b. preside at all meetings of the membership, the Executive Board, and the Delegate Assembly;
c. represent the organization before bodies of the employer, executive, and legislative officials;
d. represent the organization before the public, community organizations, and the news media;
e. be an ex-officio member of all standing committees except the Elections Committee;
f. receive, report, and respond to correspondence of the organization;
g. be one of the responsible financial officers of the organization and be authorized to co-sign financial instruments and make regular and usual disbursement of funds;
h. supervise employees of the organization;
i. be, ex officio, a delegate to the Central Labor Council and the state AFL-CIO body;
j. be, ex officio, a delegate to the convention of the American Federation of Teachers and meetings of its affiliated bodies;
k. make an annual report to the members, and
l. be empowered to delegate the responsibilities of the office except where otherwise specified by this Constitution.
2. The Vice-President shall:
a. assume the duties of the President in the event of the President’s absence, illness, or other inability to perform;
b. direct the internal organizing, member education, and leadership development of the organization, and oversee any standing committees formed for these purposes;
c. assist the President in handling the correspondence of the organization;
d. co-sign financial instruments in the absence of the President or Secretary-Treasurer, and
e. perform other duties as delegated by the President or assigned by the Executive Board.
3. The Executive Vice-Presidents shall:
a. jointly maintain accurate membership records and regularly report these to the Secretary-Treasurer;
b. issue membership cards and notices of delinquency;
c. oversee the grievance process, educate the members of their respective bargaining units concerning grievances, and jointly oversee any grievance committee that may be formed;
d. serve as alternate grievance intake officers;
e. serve ex officio as members of their respective bargaining teams;
f. work with Chapter Chairs on outreach to new employees represented by the organization, and
g. perform other duties as delegated by the President or assigned by the Executive Board.
4. The Secretary-Treasurer shall:
a. maintain the files and records of the organization;
b. be the custodian of the seal and charter of the organization;
c. prepare the agendas for, and record and keep accurate minutes of, meetings of the membership, the Delegate Assembly, and the Executive Board;
d. receive, record, and deposit all income in the name of the organization;
e. be one of the responsible financial officers of the organization and be authorized to co-sign financial instruments and make regular and usual disbursement of funds;
f. oversee the work of, receive and certify the reports of the Elections Committee and of any Finance Committee that may be formed;
g. arrange for an annual independent review of the finances of the organization and make same available to the membership and the Executive Board;
h. ensure the transmittal of regular per-capita payments to the Secretary-Treasurer of the American Federation of Teachers and similar officers of the other bodies with which the organization is affiliated, and
i. perform the duties of the office as required by the Labor-Management Reporting and Disclosure Act and as advised by the AFT’s guidelines. The Secretary-Treasurer shall be bonded by the organization.
5. The Delegates (Unit Representatives) shall:
a. formulate and set the policy of this organization;
b. set the annual dues of the organization, to be ratified by the membership;
c. have the power to make contracts and incur liabilities which may be appropriate to enable it to accomplish its purposes; to borrow money for its purposes at such rates of interest and terms and conditions as it may determine; to issue notes, bonds, and other obligations; and to secure any of its obligations by mortgage, pledge, or deed of trust of all or any of its property and income, and
d. the Unit Representatives shall appoint the members of, and direct the work of, their respective contract negotiating teams.
6. The Chapter Chairs shall:
a. schedule and preside at all meetings of the chapters;
b. educate and foster the involvement of those represented at their campuses;
c. serve as the chapter grievance intake officer or appoint a chapter grievance officer, and
d. work with the Unit Representatives of their chapters to identify issues to be brought forward in the Delegate Assembly and in contract negotiations.
VI. ELECTION OF OFFICERS
6.1 The first election of officers for the VSC-UP shall be conducted on special terms described in the By-laws; elections thereafter shall be conducted according to this article.
6.2 Officers shall be elected in April of even years for two-year terms.
6.3 To be eligible for office a person must be a member in good standing for a period of six months before the election date.
6.4 Thirty (30) days before the election date, the Elections Committee shall notify all members of the date of the election and of the opening of nominations for offices to be filled.Notice shall be by e-mail and by first-class mail to the members’ home addresses.
6.5 Nominees must present the Elections Committee with a nominating petition containing the names of not less than five members.
6.6 The Elections Committee shall conduct the election for officers at the Membership Meeting. The vote shall be by secret ballot. A majority of the votes cast shall determine the result. The by-laws shall specify the procedure in the absence of a majority.
6.7 Objections to the election must be submitted in writing, with a statement of supporting facts, to the Elections Committee within five days of the count. The Committee shall issue a written opinion regarding the objection(s) no later than 10 days after it receives such objections.
6.8 The Elections Committee will notify the members of the final election results by e-mail and by posting notices at the campuses, within twenty (20) days of the count.
6.9 The successful candidates shall assume office thirty (30) days after the vote.
6.10 If an at-large position on the Executive Council other than President falls vacant, it shall be filled by appointment by a majority of the Council. In case of a vacancy of the Presidency or of a recall, the position shall be filled by election by the members. Vacancies in chapter-based offices shall be filled by election by the chapter members.
6.11 A petition signed by thirty percent (30%) of the membership, and stating specific grounds, shall be sufficient to require the Elections Committee to conduct a recall election of any officer specified in the petition under the elections procedures specified in this article. If an officer is recalled, the Elections Committee shall then hold a special election under the elections procedures specified in this article, to fill the position.
VII. COMMITTEES
1.1 A standing Elections Committee shall be formed, which shall conduct all general and special elections and referenda.
a. The Elections Committee shall consist of four members in good standing, one from each chapter, to be elected by the chapter members. The Committee shall elect its own chair.
b. Any member of the Elections Committee nominated for or seeking office must vacate his or her position and be replaced by vote of the membership at the next scheduled chapter meeting.
1.2 All other standing committees shall be appointed by the Executive Council and ratified by the Delegate Assembly. The By-laws shall specify the purpose of each standing committee.
1.3 Either the Executive Council or the full Delegate Assembly may appoint ad-hoc committees; such committees shall exist for not longer than two years.
1.4 Within 30 days of formation, each committee shall present its program of action to the Executive Board. This shall also be presented at the next Membership Meeting.
VIII. MEETINGS
a. The Delegate Assembly shall meet not less than twice a semester and once in the summer. The By-laws shall specify a minimum number of meetings a year. The Delegates shall set the time and place of meetings each year.
b. Meetings of the Delegate Assembly shall be open to all members in good standing. Notice of the annual meeting schedule shall be given to the members. A quorum for Delegate Assembly meetings shall consist of not less than nine members of the Assembly.
c. The Executive Council may also meet separately from the Delegate Assembly; a quorum for Executive Council meetings shall consist of a majority.
d. The Chapters shall meet not less than twice a semester. The By-laws shall specify a minimum number of meetings a year. The Chapters shall set the time and place of meetings each year.
e. Chapter meetings shall be open to Chapter members in good standing. Notice of the annual meeting schedule shall be given to the members. A quorum shall consist of fifteen percent (15%).
f. The Chapters are encouraged to invite representatives of the other VSC employee locals to Chapter meetings, to foster communication and solidarity among VSC employee unions. The By-laws may further specify how to incorporate such participation into the meetings.
g. The organization shall hold an annual Membership Meeting at which the dues shall be ratified and other business may be put before the general membership. This meeting may be conducted in person or via a telecommunications network such as Vermont Interactive Television. A quorum shall consist of twenty-five percent (25%).
IX. CONTRACT NEGOTIATIONS
a. The Unit Representatives and the Executive Vice President from the relevant bargaining unit shall appoint the bargaining team members. Each team shall have no fewer than four and no more than eight members, who must be drawn from at least two of the four chapters.
b. The members of the team shall select one of their own number to serve as chief negotiator.
c. The respective Unit Representatives and Executive Vice Presidents shall direct the work of the bargaining teams.
d. Ratification: majority of those voting; absentee ballot process
X. REVENUES
1.5 The dues of this organization shall be equal to the total of required affiliation fees for the AFT, the state federation and the AFL-CIO state affiliate, plus the amount set by the local.
1.6 Annual dues shall be established by the Delegate Assembly and ratified by a majority of those voting at the annual Membership Meeting.
1.7 The Delegate Assembly may levy special assessments for specific purposes provided that the actions required to hold a referendum have not been initiated within 30 days of the decision of the Delegate Assembly.
1.8 The local union shall adopt procedures consistent with local, state, and federal law and Article VIII, Sections 1 (a) – (d), of the AFT By-laws.
XI. AFFILIATIONS
1.9 This organization shall maintain affiliation with the following organizations:
- The American Federation of Teachers (AFT), AFL-CIO. Whenever possible, VSC-UP will send delegates to the AFT’s national convention. Delegates will be elected by the procedures set in this organization’s by-laws.
- The Vermont state federation of the AFT, currently known as United Professions of Vermont (UPV). Whenever possible, VSC-UP will send delegates to UPV’s state convention. The delegates will be elected by procedures consistent with Article [# to come] of this constitution.
- The state American Federation of Labor-Congress of Industrial Organizations (AFL-CIO).
- The appropriate Central Labor Council(s) of the AFL-CIO.
XII. RULES OF ORDER
Robert’s Rules of Order, Revised shall govern this organization and all of its subordinate bodies in all matters not expressly covered by this Constitution or the By-laws of this organization.
XIII. AMENDMENT
1.10 Thirty percent of the membership may present, by petition, a proposed amendment to this constitution to the Secretary, who shall notify the membership of the proposed amendment no later than thirty days prior to the next membership meeting. Discussion of the proposed amendment will be scheduled for said membership meeting.
1.11 The Elections Committee will hold a vote on the amendment at the next Membership Meeting and will tally the results. Two-thirds (2/3) of those members voting shall be required to pass the amendment.
XIV. AVAILABILITY OF CONSTITUTION
1.12 Three copies of this Constitution and all subsequent amendments thereto shall be submitted to the office of the Secretary-Treasurer of the American Federation of Teachers.
1.13 One copy shall be sent to the similar officer of each organization with which this organization is affilated.
1.14 The Secretary shall provide a
copy to any member of the organization on request.
