CONSTITUTION
And BY-LAWS
Of the
Cuesta College Classified
United Employees

Adopted September 1988
Revised March 3, 1995
Revised May 21, 1997
Revised May 11, 2000

LOCAL 4606

ARTICLE I
NAME

This organization shall be known as AFT Local #4606, Cuesta College Classified United Employees (CCCUE).

ARTICLE II
PURPOSE

The purpose of this organization shall be:
Section 1. To secure full trade-union rights for all employees who are eligible for membership;
Section 2. To advance the economic, social, and political well being of the membership;
Section 3. To promote the improvement of standards in the employment situation of the membership;
Section 4. To encourage mutual understanding and cooperation among the membership;
Section 5. To promote the interests of the students and community who are served by the membership; and
Section 6. To promote democracy and equality in the society at large.

ARTICLE III
AFFILIATIONS

CCCUE shall maintain affiliations with the following organizations: American Federation of Teachers, AFL-CIO; California Federation of Teachers, AFT, AFL-CIO; and the Tri-Counties Central Labor Council of the AFL-CIO.

ARTICLE IV
MEMBERSHIP

Section 1. All classified employees are eligible for membership.
Section 2. No confidential, supervisory, or administrative employee is eligible for membership.

ARTICLE V
EXECUTIVE BOARD

Section 1. The executive board shall consist of the following officers: President, Vice-President, Treasurer, Secretary, and Union Advocate. These positions shall be elected by the general membership.

Section 2. The executive board shall meet monthly, or at the call of the President, or at the call of two (2) or more of the officers to conduct other business of the organization that is within its authority.

Section 3. The term of office shall be two years. The President, Treasurer and Union Advocate shall be elected during even numbered years. The Vice-President and Secretary shall be elected during odd numbered years.

Section 4. Vacancies that occur during an unexpired term shall be filled by a majority vote of the executive board or special election in accordance with the Bylaws Section 5 Election Codes. (See Section 5 below for special recall elections procedures.) [ammended 5/03]

Section 5. A petition signed by thirty percent (30%) of the membership and stating specific grounds, A petition stating grounds specifically related to the officer's duties and responsibilities and signed by two-thirds (2/3) of the membership, shall be sufficient to require the elections committee to conduct a special recall election of any officer specified in the petition (procedures listed in the Elections Code of the By-laws). If an officer is recalled, the vacancy shall be filled as per Section 4. If such officer is within four (4) months of the end of their term of office, the elections committee may resolve not to conduct recall proceedings.

Recall Procedures:
a. Upon receipt of a valid recall petition, the executive board shall notify the officer in writing of the impending recall. Such notification shall identify all recall allegations.

b. Upon receipt of written recall notification, the officer will have ten (10) days in which to respond to the allegations.

c. Upon receipt by the executive board, the recall response will be forwarded to the membership on behalf of the officer.

d. Within five (5) days of receipt and publication of the response, or if no response is submitted to the Board, the elections committee will deliver ballots to the membership.
e. A simple majority of the ballots cast shall determine the outcome of the recall election.

f. If the membership votes for the recall of an officer, the elections committee shall proceed in accordance with Section 4.
[ammended 5/03]

Section 6. The executive board shall employ all professional, technical, clerical, and support staff of the CCCUE.

Section 7. Consistent with the approved budget, the executive board shall be empowered to make contracts and incur liabilities including the purchase of services, equipment, and real property, and to otherwise engage in financial transactions to the extent permitted by applicable law or statute.

Section 8. The executive board shall approve the chair and membership of all standing and special committees of the organization and receive regular reports from such committees.

Section 9. The executive board shall maintain minutes of all of its meetings and make these minutes available to the general membership. All decisions of the executive board will be by simple majority.

ARTICLE VI
CONSTITUTIONAL AMENDMENTS AND BY-LAWS

Section 1. Constitutional amendments must be approved by the executive board or have a petition signed by 50% of the membership before being submitted to the membership for ratification. Constitutional amendments may only be voted on during the annual election. A two-thirds (2/3) majority of the membership shall be required for ratification of the amendment.

Section 2. All changes to By-laws must be approved by the executive board or have a petition signed by 40% of the membership before being submitted to the membership for ratification. Changes to the By-laws must be approved by a simple majority of the voting membership during the annual election.

BY-LAWS
of the
Cuesta College Classified United Employees

Section 1. Executive Board duties and responsibilities.

a.       The President:

i.    shall be the presiding officer at all meetings of the general membership and the executive board;

       ii.    shall be ex-officio member of all standing committees except the elections committee;

      iii.    shall appoint, with the approval of the executive board, the chairs of all standing and special committees, except the elections committee;

     iv.    shall, with the assistance of the steward’s representative, recommend to the college president all appointments to district committees;

       v.    shall receive, report and respond to correspondence of CCCUE;

     vi.    shall be one of the responsible financial officers of the organization and shall be authorized to sign financial instruments and make regular and usual disbursements of funds;

    vii.    shall represent CCCUE before bodies of the employer, executive and legislative officials, the public, community organizations, and the media;

  viii.    shall be, by office, a delegate to the Tri-Counties Central Labor Council and a delegate to the meetings or conventions of the AFT and its affiliated subordinate bodies;

     ix.    shall make an annual report to the membership of the organization;

       x.    shall be able to delegate the responsibilities of the office except where otherwise specified by the constitution and by-laws.

b.      Vice-President:

i.    shall assume the duties of the president in the event of the absence, illness, or death of the president;

       ii.    shall oversee the steward’s council;

      iii.    shall transmit information and recommendations between the steward’s council to the executive board;

     iv.    shall assist the president with recommendations for district committee appointments;

       v.    shall oversee the grievance committee.

c.       Treasurer:

i.    shall receive, record, and deposit all dues monies and other income in the name of the organization in a timely manner;

       ii.    shall maintain accurate membership records;

      iii.    shall be one of the responsible financial officers of the organization and be authorized to sign financial instruments and make regular and usual disbursements of funds;

     iv.    shall maintain all financial records of the CCCUE;

       v.    shall oversee the work of, and receive reports from the finance committee;

     vi.    shall chair the work of, and receive and certify the records of the elections committee during odd numbered years.

d.      Secretary:

i.    shall maintain the non-financial files and records of the CCCUE;

       ii.    shall record and keep accurate minutes of meetings of the membership, the executive board and the steward’s council;

      iii.    shall assist the president in handling the correspondence of the CCCUE;

     iv.    shall oversee the audit committee;

       v.    shall chair the work of, and receive and certify the records of the elections committee during even numbered years.

e.       Union Advocate:

i.    Shall oversee the Committee On Political Education (COPE) and the membership committee.

Section 2. Steward’s Council.

a.       The steward’s council shall consist of one steward from each of the work units on campus. Each steward shall be selected by members of the CCCUE in the specific constituency.

b.      The steward’s council shall meet monthly for the purpose of recommending the policies of the organization; receiving and reviewing the reports of the president, executive board and committees.

c.       The stewards shall:

i.    Attend all regular and special meetings of the steward’s council;

       ii.    Hold regular [ammended 5/03] monthly meetings of the membership at the worksite, or other appropriate place, for the purpose of making reports, discussing work place and organizational concerns, receiving instruction from the membership, and other activities as may be required;

      iii.    Process grievances and resolve disputes at the worksite or other appropriate location;

     iv.    Consult regularly with the employer’s management personnel at the worksite regarding matters of interest to the union membership.

   v. Give input to the executive board regarding potential negotiable contract items. [ammended 5/03]

 

Section 3. Committees.

a.       The committee chairs, once selected by the president and approved by the executive board, shall have one month to select committee members and present their names to the executive board for approval.

b.      Each committee shall formulate a program of action for submittal to the executive board and the steward’s council.

c.       The executive board on its own initiative, or at the direction of the steward’s council, may establish any or all of the following committees:

i.    The elections committee shall conduct and supervise all elections and referenda of the organization.

       ii.    The finance committee shall assist the treasurer in the preparation of the annual budget and shall identify and pursue activities to generate revenues for the good and welfare of the organization.

      iii.    The grievance committee shall work with the stewards in the resolution of contractual and non-contractual disputes in the workplace; shall maintain records of grievances and their disposition; shall be responsible for the processing of grievances and disputes beyond the immediate work location; and shall make decisions regarding disputes to be taken to arbitration or civil remedy. The grievant may appeal these last decisions to the executive board.

     iv.    The membership committee shall develop programs and activities, which shall cause all eligible persons to join and participate in the organization.

       v.    The Committee On Political Education (COPE) shall secure voluntary contributions to support the political work of the organization, screen and recommend endorsement of candidates for local, state, and federal office to the Union Advocate; and develop programs to promote the registration of persons to vote and to support the election of candidates endorsed by the CCCUE.

     vi.    The publications committee shall design, produce and distribute a regular bulletin for the membership and other printed material for the organization as necessary.

Section 5. Budget and Financial Codes.

a.       An annual budget shall be created by the treasurer and finance committee and presented to the membership each August. The budget will include, but not be limited to, proposed expenses and projected income along with a statement of current assets and liabilities.

b.      Dues shall be determined by the approval of the annual budget of the CCCUE. Adjustments either up or down, will take effect during the next available pay period.

c.       As per the contract with the district, dues shall be automatically deducted from each member’s payroll check.

d.      Per capita payments to affiliations will be initiated for payment when due.

e.       The treasurer and president are authorized to sign financial instruments and make regular and usual disbursements of funds as budgeted. Special, non-budgeted items must first be approved by the executive board. Non-budgeted items over $1,000.00 must be approved by the general membership.

f.        Special assessments for specific purposes may be levied by the executive board provided that approval has been given by the stewards council.

g.       An annual financial report shall be presented to the membership at the March annual meeting.

h.       Changes in per capita rates authorized by the CFT and AFT will be passed through to the dues structure of the local as is required by the CFT and AFT constitutions.

Section 5. Election Codes.

a.       The elections committee shall conduct all general and special elections for the CCCUE.

b.      To be eligible for an office on the executive board, a person must be a member in good standing for a period of three (3) months prior to the date of the election.

c.       Elections shall be conducted with secret, written ballots.

d.      A simple majority of the ballots cast shall determine the election. In the absence of a simple majority, the elections committee shall conduct a run-off election among the two candidates who received the most votes for the office in question.

e.       Nominations for offices shall open forty-five (45) days prior to and close fourteen (14) days prior to the election date set by the election committee.

f.        Successful candidates shall be sworn into office within thirty (30) days of the conclusion of the election.

g.       To be eligible to vote in any election for officers or referenda, a classified employee must have completed and filed a membership application with the district payroll office by the fifteenth day of the month prior to the date of the election. This allows for the necessary payroll deduction of dues to occur to allow a member to be in good standing and listed on the AFT per capita roll sheets for that month.

Section 6. Meetings.

a.       The current version of Robert’s Rules of Order, Revised shall govern all meetings of CCCUE and all other matters not covered by this constitution or its by-laws.

b.      Non-members of CCCUE may attend meetings on the condition that they will not participate in discussions or activities unless given limited permission to do so by the presiding officer.

c.       In order to conduct business in an orderly fashion, only the members of each board, council, committee or work unit may attend that specific meeting unless required to be open by the Brown Act. Member and non-member guests may only attend with prior approval of the presiding officer.

Section 7. Conventions.

a.       Election of delegates to the CFT and AFT conventions shall conform to Landrum-Griffin Act. If there are more delegate positions available than members that are nominated to be delegates, the executive board may appoint the members to serve as delegates without holding an election.

Section 8. Calendar.

a.       A membership drive will be conducted during each January and February November and March. [ammended 5/03]

b.      The annual meeting of the membership will be during March April. [ammended 5/03]

c.       Negotiable terms of the contract and openers will be developed and completed for presentation in April.

d.      The annual election of officers shall be held in May.

e.       An annual budget shall be submitted to the executive board by the treasurer at the August meeting.

f.        A financial audit of the previous year will be conducted during September.

 

Section 9. Contract Negotiators [amended 5/11/00]

a.      CCCUE Contract Negotiators will be appointed by the CCCUE Executive Board

b. The Contract Negotiators shall work in conjunction with the executive board to set the parameters of negotiated items. They shall report regularly to the executive board to keep them informed of the negotiations proceedings.

c. The President shall report to the membership to keep them informed of the status of negotiations proceedings.

d. The Contract Negotiators shall represent the interests of all Classified Staff during bargaining unit negotiations.

 

Section 10. Electronic Publications [amended 5/11/00]

a.      Establish a CCCUE Webmaster. Appointed by the CCCUE Executive Board. In charge of the CCCUE Web Page, both on and off campus.

b.      A release signed by a union member must be obtained before their picture can be used in union publications or publicity. This by-law includes printed material as well as web sites. This release must be on file with the secretary of the union.