Constitution & Bylaws
Revised January 8, 2007
NAME AND AFFILIATION
The name of this organization shall be the Youngstown State University Association of Classified Employees. (YSU-ACE/OEA/NEA). This Association shall be an affiliate of the National Education Association (NEA), the Ohio Education Association (OEA), and the North Eastern Ohio Education Association (NEOEA).
The purpose of the Youngstown State University Association of Classified Employees shall be to promote and protect the professional and economic interests of the classified civil service bargaining unit members of Youngstown State University.
Section 1. Membership shall be available to any classified civil service staff member of YSU except those excluded by law. The membership year will be September 1 to August 31.
Section 2. Members of YSU-ACE/OEA/NEA shall also be members of the NEA, the OEA, and the NEOEA.
Section 3. A member is entitled to vote, to hold office and to serve on committees of the Association.
Section 4. Non-YSU employees who are members of OEA/NEA may become honorary members of YSU-ACE. Honorary members have no voting rights and may not hold office. Dues for honorary members shall be $30 per year.
An amendment to this Constitution may be introduced at any regular Association meeting by the Executive Committee, or by a petition signed by twenty-five percent (25%) of the membership, or one-hundred (100) members, whichever is smaller. A two-thirds (2/3) majority of those voting in a secret mail ballot shall be required to adopt the proposed amendment(s).
Section 1. The officers of this Association shall consist of a President, a First Vice-President, a Second Vice-President, a Recording Secretary, and a Treasurer.
Section 2. A term of office shall be two years.
Section 3. There shall be no restrictions on term limits for officers.
Section 1. The Executive Committee shall consist of the officers of the Association and the elected representatives. The Grievance Committee Chair shall serve as an ex-officio member of the Executive Committee.
Section 2. There shall be one (1) elected representative for every thirty (30) members or major fraction thereof.
Section 3. Term of office shall be two years for elected representatives of the Association.
Section 4. No elected representative, except officers, shall remain a member of the Executive Committee for more than four (4) consecutive terms.
Section 5. The Executive Committee shall act in accordance with the Constitution and Bylaws of the Association and function in an advisory capacity to the officers of the Association.
Section 6. The Executive Committee shall make available, upon request, the minutes of its meetings and those of the general membership.
Section 7. Any member of the Executive Committee, by reason of unexcused absence from three (3) consecutive, scheduled Executive Committee meetings, as defined by a majority of Executive Committee members, shall be relieved of the duties of his/her office or position to which he/she was elected or appointed. The President with approval of the Executive Committee shall appoint a replacement, except in the case of a President, whose office shall be filled by the First Vice-President.
Section 8. All regular meetings of the Executive Committee shall be open to the membership of the Association. The date, time and location of regular Executive Committee meetings shall be made known to the membership in advance of the meetings. However, the Executive Committee may conduct closed meetings to deal with contract negotiations, legal matters and any other business that requires confidentiality to protect the rights and interests of YSU-ACE/OEA/NEA or its members.
RECALL OF OFFICERS/EXECUTIVE COMMITTEE
Section 1. An officer(s), or an elected Executive Committee member(s), may be recalled for misfeasance, malfeasance, or nonfeasance. Charges to this effect may be made by a majority of the members of the Executive Committee, or by virtue of a petition signed by at least fifty (50) Association members.
Section 2. A due process hearing shall be held, in accordance with Roberts’ Rules of Order (Revised), to allow the officer(s) or elected Executive Committee Member(s) to answer the charges made against him or her. Specific charges in such cases shall then be sent to a Review Panel that shall study the charges and expeditiously make findings of fact and appropriate recommendations to the membership. The Review Panel shall consist of five (5) members drawn at random from the membership by the Elections Committee. No Executive Committee member, or officer of the Association, may serve on the Review Panel. Within one (1) month after the Review Panel reports to the membership, the Elections Committee shall conduct a referendum election in which the membership shall vote to retain or dismiss the officer(s) or elected Executive Committee member(s) charged. A two-thirds (2/3) majority of those voting at a chapter meeting shall be required to dismiss an officer(s) or elected Executive Committee member(s).
Section 3. A vacancy in the office of President shall be filled by the First Vice-President. A vacancy in other offices, including elected positions to the Executive Committee, shall be filled by appointment of the President with approval of the Executive Committee, except that if both the offices of President and the First Vice-President are vacated, an election supervised by the Elections Committee will be held absent unusual circumstances as agreed upon by the Executive Committee within fifteen (15) business days to elect new officers to fill the vacancies for the unexpired terms. The remaining Executive Committee members, as a unit, shall administer the Association until the vacancies are filled. In the event all seats on the Executive Committee are vacated, the chairperson of the Negotiations Committee shall act as President until the vacancies are filled by election.
Section 1. The Executive Committee shall appoint an Elections Committee, consisting of at least three individuals from the membership. No individual seeking election to an office or committee may serve on the Elections Committee.
Section 2. The Elections Committee shall conduct elections by secret mail ballot of the active membership by July 1 absent unusual circumstances. Nominations for the various offices and/or committees may be made from the floor at the general membership meeting prior to the election date, or by filing a declaration of candidacy petition with the Elections Committee signed by five (5) or more regular members no later than five (5) days after the general membership meeting referred to in this paragraph. A member cannot be nominated for election without that member’s consent. The new officers/committee members shall assume their position(s) on September 1 of the current year.
Section 3. If there is but one candidate running for an office or position, the candidate will be elected by acclamation.
Section 4. The Association shall apply the one-person, one-vote principle for representation on its governing bodies, except that ethnic-minority representation (as defined by the U.S. Government) shall be provided proportionally to ethnic-minority membership.
Section 5. The results of all elections must be reported to the membership by the Elections Committee or their designees within ten (10) working days following those elections.
Section 6. The Elections Committee shall preserve all ballots (marked, unmarked, and void) for one (1) year from the date the election was held and such ballots and other records shall be made available to OEA officers upon request for inspection and examination.
Section 7. The Elections Committee, or their designees, shall also conduct the voting for ratification of tentative agreement(s).
Section 8. The Elections Committee shall conduct all elections and ratifications of Collective Bargaining Agreements in accordance with guidelines set forth in the OEA Elections Manual.
Section 1. The Association shall appoint as many standing committees as deemed necessary to conduct its required business. Ad hoc or temporary committees shall be formed as necessary.
Section 2. Unless otherwise specified, all committees shall be appointed by the President with approval of the Executive Committee.
Section 1. A dues structure shall be established to adequately fund the activities of the Association. Changes in the dues structure shall be approved by a majority of Executive Committee members.
Section 1. The Executive Committee shall establish a regular schedule of meetings. Special meetings of the Executive Committee may be called by the President or by a written request submitted to the President from a majority of the members of the Executive Committee.
Section 2. The Association shall conduct at least two (2) general membership meetings each year. One meeting must be held during the month of May, absent unusual circumstances as agreed upon by the Executive Committee, to allow for nominations for elections. The Executive Committee shall set the meeting dates and times and plan the meeting program. The Executive Committee must inform the membership of the time, date, and location of these meetings.
Section 3. Special meetings of the Association may be called by the President, a majority vote of the Executive Committee, or upon a written request made to the President by ten percent (10%) of the active membership of the Association.
Section 4. The order of business at a general membership meeting shall be as follows unless changed by a vote of the membership present:
a. Secretary’s Report
b. Treasurer’s Report
c. Committee Reports
d. Special Reports
e. Old Business
f. New Business
Section 5. The order of business at a special membership meeting shall be limited to the specifically stated topic(s) that the meeting was called to discuss.
Section 6. Only active members are permitted to attend the general or special meetings of the membership, unless otherwise approved by the Executive Committee.
Section 1. The quorum for the transaction of business at Executive Committee meetings shall be no less than one more than fifty percent (50%).
Section 2. The quorum for the transaction of business at all other Association meetings shall be the membership present.
An amendment to these Bylaws may be introduced at any regular Association meeting by the Executive Committee, or by a petition signed by twenty-five percent (25%) of the membership, or one-hundred (100) members, whichever is smaller. A simple majority of those voting by secret ballot at a chapter meeting shall be required to adopt the proposed amendment(s).
DUTIES OF OFFICERS
Section 1. The President shall preside at all meetings of the Association and of the Executive Committee; shall assign the various members of the Executive Committee to serve as liaison(s) with the Association committees; shall be an ex-officio voting member of all committees; shall appoint the Association Parliamentarian, and shall be the chief spokesperson of the Association.
Section 2. The First Vice President shall assist the President in the performance of his or her duties; shall assume all duties of the President in case of absence, resignation, recall or vacancy in the office of President for any other reason; the First Vice President shall be the Coordinator of the Association newsletter.
Section 3. The Second Vice-President shall be in charge of membership maintenance and expansion and shall coordinate membership services.
Section 4. The Secretary shall maintain a permanent record of all meetings of the Association and of the Executive Committee; shall distribute the meeting’s agenda and minutes of the previous Association meeting, and shall serve as Association Historian.
Section 5. The Treasurer shall keep a financial record of the Association; shall be responsible for collection of revenue and disbursement of funds as authorized by the Executive Committee; shall produce quarterly financial reports for distribution at Association meetings; and shall prepare the annual budget in May for consideration of the Executive Committee.
DUTIES OF THE EXECUTIVE COMMITTEE
Section 1. The Executive Committee shall be responsible for, and possess the authority to conduct all business of the Association, except as otherwise stated in the Constitution and Bylaws.
Section 2. The Executive Committee shall set all dates for general membership meetings, plan meeting programs and may call special meetings of the Association.
Section 3. The Executive Committee shall oversee and coordinate the activities of all standing and ad hoc committees. All such committees shall report to and be responsible to the Executive Committee.
Section 4. The Executive Committee must grant its approval before any grievance may be officially advanced to arbitration.
Section 5. The Executive Committee shall annually appoint an Audit Committee, consisting of three individuals from the membership outside of the Executive Committee. The Audit Committee shall conduct a review and assessment of the Association’s financial activities and report its findings to the Executive Committee. This written and signed report must also be made available to the membership upon a member’s written request submitted to the Executive Committee.
Section 1. The following shall be standing committees of the Association: Executive, Communications, Elections, Grievance, Job Audit, and Negotiations Committees.
Section 2. Other committees may be established by the Executive Committee as the need arises or may be established by the general membership at any meeting of the Association.
Section 3. All standing committees shall establish their own rules of procedure which shall be consistent with the Constitution and Bylaws and which shall be placed on record with the Executive Committee and at the YSU-ACE Office.
Section 4. The Communications Committee, appointed by the Executive Committee, shall be responsible for distributing information regarding the activities of, and business being conducted by, the Association to its members. The Communications Committee shall consist of at least four (4) individuals from the membership. The Communications Committee shall provide notification to the membership of the date, time, and location of all general and special membership meetings. The Communications Committee shall provide advance notification to the membership of all regular Executive Committee meetings. The Communications Committee shall elect its own chairperson.
Section 5. The Elections Committee, appointed by the Executive Committee, shall supervise, coordinate, and certify all Association elections to the Executive Committee and the membership. The Elections Committee shall elect its own chairperson and appoint tellers from the membership as is necessary to conduct elections efficiently.
Section 6. The Grievance Committee, appointed by the Executive Committee, shall consist of up to ten (10) individuals from the membership. The Grievance Committee shall administer and coordinate the processing of grievances under the terms of the Master Agreement. The members of the Grievance Committee shall be referred to as Grievance Officers. The Grievance Committee shall elect its own chairperson.
Section 7. The Job Audit Committee, appointed by the Executive Committee, shall consist of at least three (3) individuals from the membership. The Job Audit Committee shall assist any member in the function of having his/her classified civil service position evaluated for possible reclassification. The Job Audit Committee shall also review all job postings of classified civil service positions and inform the Association President of possible irregularities.
Section 8. The Negotiations Committee shall consist of the President, and six (6) individuals elected from the membership in July of the year that precedes the expiration of the current Master Agreement. The term of office shall extend until the next negotiating team is elected. The Negotiations Committee shall assess concerns of the membership prior to the onset of negotiations and shall represent the bargaining unit in negotiations with the Board of Trustees and/or its agents. The Negotiations Committee shall be empowered to prepare proposals for negotiations and to revise those proposals as it deems appropriate during negotiations. Upon commencement of contract negotiations, the Negotiations Committee, together with the Executive Committee shall issue informational updates to report on the progress of negotiations and the issues being discussed. The Negotiations Committee shall submit the proposed Master Agreement to the members of the bargaining unit for a ratification vote, excepting those declared ineligible by review of the membership by members of the Executive Committee. The Negotiations Committee represents the bargaining unit both in negotiations of the Master Agreement and follow-up negotiations that flow out of the Master Agreement. The Negotiations Committee shall elect its own chairperson.
Section 9. In the event of a vacancy on the Communications, Elections, Grievance, or Job Audit Committees and following receipt of recommendations from the remaining members of the committee on which the vacancy exists, the President, with approval of the Executive Committee, shall appoint a replacement.
Section 10. All standing committees shall record the minutes of their meetings and forward copies to the Association Secretary for distribution to the Executive Committee.
CONTRACT RATIFICATION PROCEDURES
Section 1. If negotiations result in a Tentative Agreement that contains additions, deletions, or alterations to any existing agreement, the Negotiations Committee will call an informational meeting of the membership. At this meeting, the Negotiations Committee will provide the membership with copies of the proposed changes to the Master Agreement and answer any questions members may have regarding the proposed changes.
Section 2. Twenty-four (24) hours following the informational meeting, a formal ratification meeting will be held for the purpose of voting to either accept or reject the proposed Master Agreement. At this meeting, prior to the call to ratify, the Negotiations Committee will provide the opportunity for members to ask any further questions they may have after having the opportunity to review the proposed changes.
Section 3. A simple majority of the active membership voting in a secret ballot shall be required to ratify any and all Tentative Agreement(s) brought before the membership.
Section 4. If negotiations have reached a point where it becomes necessary to enlist the services of a Factfinder, then the Negotiations Committee will not be bound by the provisions put forth in Sections One (1) and Two (2) above.
Section 5. In the event of a work stoppage, members of YSU-ACE who cross the picket line for the purpose of reporting to work will be subject to a monetary penalty and fine to be determined by the officers and Executive Board. Payment will be by any and all legal means necessary.
Section 1. The Association shall charge dues as required for support staff by its affiliates (NEA/OEA/NEOEA), full UniServ dues and the Association’s local dues that shall be established by the Executive Committee annually.
Section 2. The Fiscal Year of the Association shall be September 1 to August 31.
Section 3. All classified employees must pay union dues. A member of YSU-ACE may opt to become a fair share fee payer. Fair share fee payers have no voting rights and are exempt from paying only the local dues (must still pay OEA/NEA/UNI-SERV/NEOEA).
Section 4. Members retiring between September 1 and November 30 of each year may choose to be exempt from paying all dues. In that case, they relinquish all voting rights and legal representation by OEA and its affiliates.
Section 5. Members retiring between December 1 and August 31 will be responsible for paying the remainder of dues owed.
Section 1. Individuals who are on official Association business and who incur financial expenses in such business shall be reimbursed by the Treasurer for the actual expenses and for travel at a rate set by the Executive Committee. The Treasurer shall require receipts and other appropriate evidence to assure that such expenses are reasonable.
Section 2. Members authorized to purchase supplies for the Association are required to present a tax exempt form to the vendor at the time of purchase or will not be reimbursed for the amount of sales tax paid.
RULES OF ORDER
Section 1. Dissolution of the Association can be initiated through the presentation of a petition for dissolution at a general membership meeting by any active member. The petition must contain the signature of three-fourths (3/4) of the total membership of the Association.
Section 2. A secret ballot for dissolution must then be conducted. A three-fourths (3/4) of the total membership vote in favor of dissolution is necessary to dissolve the Association.
Section 3. If the Association dissolves, its cash assets shall be transferred to Youngstown State University Foundation as an endowment in the name of the Association for student scholarships.
Section 1. This Constitution and Bylaws shall become effective January 8, 2007, following their adoption, and shall remain in effect until otherwise amended according to the regulations contained within.