Chapter Constitution

OREGON SCHOOL EMPLOYEES ASSOCIATION

Springfield Chapter 4

CONSTITUTION

Adopted January 9, 2018

ARTICLE I - NAME

This chapter of the Oregon School Employees Association, AFT Local 6732, shall be known as Springfield Chapter 4.

ARTICLE II - PURPOSE

The purpose of this chapter shall be to represent all employees in the bargaining unit on all matters relating to employee-employer relations, to promote an understanding and cooperative relationship with the administration of the Springfield School District 19, to promote the economic and social welfare of bargaining unit employees, to assist the Oregon School Employees Association, in its legislative efforts, and in furthering the aims and purposes of all bargaining unit employees.

ARTICLE III - MEMBERSHIP

There shall be no discrimination against any member or applicant for membership by reason of race, color, creed, religion, sex, national origin, political affiliation, age, marital status, disability, and sexual or affectional preference.

Section 1.  Membership

1. Active membership shall be effective upon the completion, dating, and signing of an official OSEA application form and the execution of a payroll deduction form, or cash payment of one month’s Association and chapter dues.  Upon meeting these requirements, a member shall be deemed “in good standing.”

2. Active members of this chapter must also be active members of the Association, as defined in the OSEA Constitution, Article III, Section 2.

3. Every member in good standing shall have the right to vote and hold elected or appointed office, including committees and Conference delegate positions, to meet and assemble freely with other members, and to express any views or opinions on issues before the chapter or upon candidates in elections.

Section 2.  Fair Share Fee Payers

1. Employees who choose not to be active members of this chapter or the Association shall pay a “fair share” service fee in an amount equal to the dues required of active members.

2. Fair share fee payers shall be entitled to full rights of representation in all matters related to the collective bargaining agreement between this chapter and the Springfield School District 19.  They shall not, however, have the right to vote, or to participate in the affairs of this chapter or the Association unless otherwise provided herein or allowed by law.

ARTICLE IV - DUES AND ASSESSMENTS

Section 1.  Dues

1. In addition to the per capita dues of the Association, the dues of this chapter shall be $1.50 per month payable by payroll deduction for each month in paid status.

2. The chapter dues rate shall only be amended by a secret ballot two-thirds vote of the membership present and voting at a regular or special chapter meeting in accordance with Article XVI herein. 

3. Association per capita dues shall be determined by the elected delegates at the OSEA Annual Conference.

Section 2.  Assessments

1. No assessments shall be levied in this chapter other than those approved by three-fourths (3/4) of the chapter members in good standing present and voting at a regular or special chapter meeting by secret ballot, provided each member of this chapter has been notified in writing at least fifteen (15) days in advance of the nature of the proposal and the time, date, and location where the matter will be voted upon.

2. Any assessment or obligation levied by the Association shall be added to the dues established herein and shall be forwarded monthly to the Association.

Section 3.  Fund Solicitation

No funds shall be solicited in the name of this chapter without authorization of the chapter Executive Committee.

Section 4. Officer Dues Reimbursement

On or before July 1 of each year, the dues paid, both as relates to the State Association and Chapter, but not as to any assessment by the President, shall be reimbursed to those persons who have served in the offices of Chapter President and Vice President for the full year and prorated for those who have served for a partial year in each respective office.  Officer dues reimbursements shall be as follows: 100% of the amount in dues paid reimbursed for President; 75% of the amount in dues paid reimbursed for Vice President. In the event of a chapter budget crisis, the Executive Board may agree to reimburse lesser percentages/amounts to each of the chapter officers.

ARTICLE V - OFFICERS

Section 1.  Elected Officers

The elected officers of this chapter shall be President, Vice President, Secretary/Treasurer and three (3) Trustees.

Section 2.  Duties of Officers

1. The President shall:  Be the official spokesperson between the chapter and the employer; preside at all meetings of the chapter and Executive Committee; fix the time, place, and date of meetings, except as otherwise provided herein or as directed by the membership; set the agenda for the chapter meetings; provide a notice to each member as to the time, date, and location of each chapter meeting, which shall include the agenda for such meeting; appoint all committees with the advice and consent of the Executive Committee; serve as ex-officio member of all committees except the Elections Committee; turn over all documents and records pertaining to the office to his/her successor; and other such duties as pertain to the office of President.

The current President in office and, if applicable, the President-elect will serve as automatic delegates to the OSEA state Conference each year.

2. The Vice President shall:  Perform all duties of the President in the event of the President’s absence; perform all duties as assigned by the President or Executive Committee; turn over all documents and records pertaining to the office to his/her successor; and other such duties as pertain to the office of Vice President.

The current Vice President or, if applicable, the Vice-President-elect will serve as an automatic delegate to the OSEA state Conference each year. In the case of a Vice President-elect, the current Vice President will not be an automatic delegate, and the newly elected Vice President will be the automatic delegate to the OSEA state Conference.

3. The Secretary/Treasurer shall:  Keep accurate records and minutes of all meetings of the chapter and Executive Committee, including an accurate roll of members and officers in attendance; answer all correspondence of the chapter as directed; turn over all documents and records pertaining to the office to his/her successor; other such duties as pertain to the office of Secretary.

Keep all funds of the chapter and disperse same under the direction of the Executive Committee and as required by the Constitution of this chapter and the Constitution and written policies of this Association; keep accurate records and render monthly financial reports to the membership and State Association; assist the Executive Committee in the preparation of the chapter’s annual budget; turn over all documents and records pertaining to the office to his/her successor; and other such duties as pertain to the office of Treasurer.

The current Secretary/Treasurer or, if applicable, the Secretary/Treasurer-elect will serve as an automatic delegate to the OSEA state Conference each year. In the case of a Secretary/Treasurer-elect, the current Secretary/Treasurer will not be an automatic delegate, and the newly elected Secretary/Treasurer will be the automatic delegate to the OSEA state Conference.

4. The Trustees shall:  Provide input and advise the other members of the Executive Committee; be the caretakers of the chapter’s meetings, including setting up the meeting room, making copies of the agenda and other written materials, and maintaining order during meetings; serve on the Elections Committee including the retention of all ballots for a period of one calendar year following a vote; perform other duties as assigned by the President; turn over all documents and records pertaining to the office to his/her successor.  

The current Trustees will serve as automatic delegates to the OSEA state Conference each year except in the case of a Trustee-elect. When there is a Trustee-elect, the current Trustee in that position will not be an automatic delegate, and the newly elected Trustee will be the automatic delegate to the OSEA state Conference.

ARTICLE VI - EXECUTIVE COMMITTEE

The elected officers shall constitute the Executive Committee of this chapter.  The Executive Committee shall have general supervision of the affairs of this chapter and shall transact the routine business as authorized and required herein.  The Executive Committee, however, shall not conduct any business that would require a vote of the membership.

The Past President shall: Serve on the Executive Committee in an advisory capacity only without voting rights as a member of the committee; and perform other duties as may be assigned by the President and/or the Executive Committee.

ARTICLE VII - TERM OF OFFICE AND ELECTION PROCEDURES

Section 1.  Term of Office

1. Term of office for President, Vice President and Secretary/Treasurer shall be for two (2) years and until their successors are elected.  Officers elected shall assume their duties July 1, regardless of the date of the installation ceremony.   The President and Secretary/Treasurer elections will take place during even numbered years and the Vice President election will take place during odd numbered years.

2. Term of office for Trustee shall be for a period of three (3) years. One (1) trustee election will take place each year on a rotating basis, such that there will always be three (3) trustees in office. Elected trustees shall assume their duties July 1 regardless of the date of the installation ceremony.

3. The Past President shall serve until replaced by the next succeeding Past President, who has completed his/her term of office as President.

Section 2.  Eligibility to Hold Office

Officers shall be elected from among the active members of this chapter who are in good standing for at least 12 consecutive months and have attended at least two (2) Chapter meetings during the current year and/or have actively served on a committee or been a representative of the chapter during the current year. 

Section 3.  Nomination to Office

1. Nominations to fill the officer positions shall be accepted from the floor at the April and May chapter meetings.  Only members in good standing may nominate candidates.

2. Not less than fifteen (15) calendar days prior to the April chapter meeting, a notice of the pending nominations and election shall be sent to each member in good standing.  The notice shall include the times, dates, and locations for nominations and balloting, and all other procedural instructions relating to the conduct of the nominations and election. 

Section 4.  Elections

1. Nominations shall be closed at the May chapter meeting.  In the event there is only one (1) nominee for an office, the nominee shall be declared elected and no balloting shall be required.  

2. When there is more than one (1) nominee for an office, balloting shall be conducted at the May chapter meeting.  Election shall be by secret ballot vote.  The Elections Committee shall have the responsibility for the conduct of the election.  No nominated candidate shall be appointed to the Elections Committee by the Executive Committee.

3. The Elections Committee will validate and tabulate all ballots at the May chapter meeting.  The chairperson of the Elections Committee will notify the membership of the results of the balloting at said meeting.

4. It shall require a majority of votes cast for the office to be considered duly elected.  Absentee, proxy and write-in votes shall not be allowed.  In the event no candidate receives a majority of votes cast, a runoff election shall be conducted between the two (2) candidates receiving the most votes on the first ballot until one (1) candidate receives a majority. 

5. All ballots, tally sheets, notices, check-off lists, and other election materials shall be kept on file for at least one (1) year after the election.

6. All officer election requirements and procedures shall be in accordance with OSEA Board Policy.

ARTICLE VIII - FILLING OF VACANCIES AND REMOVAL FROM OFFICE

Section 1.  Filling of Vacancies

1. A vacancy in the office of President shall be filled by the Vice President.

2. For vacancies in the offices of Vice President, Secretary/Treasurer or Trustee, the Executive Committee shall notify the membership in writing at least fifteen (15) days in advance of a designated chapter meeting of a special election to be held at said meeting.  Such notice shall include the date, time, and location of the meeting.

3. At the designated chapter meeting, nominations shall be accepted from the floor to fill the vacant office.  If there is only one (1) nominee for the vacant office, such nominee shall be declared elected.  If the office is contested, a secret ballot vote of members present shall be conducted.  It shall require a majority vote to elect.  In the event, no candidate receives a majority of votes cast, a runoff election shall be conducted between the two (2) candidates receiving the most votes on the first ballot until one (1) candidate receives a majority. 

4. If an officer vacancy occurs during the last three (3) months of a term, the office may remain vacant for the remainder of the term.

Section 2.  Recall or Removal from Office

1. Any elected officer may be recalled from office upon two-thirds (2/3) secret ballot vote of the members in good standing present and voting at a meeting called for the purpose of a recall action.

2. Recall may only be initiated by a signed petition of thirty percent (30%) of the members in good standing.  The petition shall state the specific reasons for the proposed recall and shall be presented to the Executive Committee and the officer subject to the recall action.

3. Upon receipt of the petition, the Executive Committee shall schedule a special meeting to be held not less than fifteen (15) days or more than thirty (30) days following its receipt, where the charged officer shall be afforded opportunity to rebut the charges and the secret ballot vote shall be conducted.  Attendance at said meeting shall be restricted to members of the Executive Committee, members in good standing of the chapter, representatives of the State Association, and such witnesses as may be pertinent to the action.

4. A notice specifying the date, time, and location of the special meeting shall be issued to those eligible for attendance at least ten (10) days in advance of the meeting.

5. If the Chapter President has been removed from office as a result of a recall action, s/he shall automatically forfeit the position of Past President.

6. Elections to fill a vacancy as a result of a recall action shall be held in accordance with Section 1 above.

ARTICLE IX - MEETINGS AND QUORUM

Section 1.  Regular Meetings

Monthly meetings of the chapter shall be held during the months of September through June inclusive.  The schedule of such meetings shall be established in June each year for the succeeding twelve (12) month period and such schedule shall be provided to the membership. 

Established meeting dates under this section may be changed by the Executive Committee with not less than forty-eight (48) hours notice to the membership.

Section 2.  Special Meetings

Special meetings of the chapter may be called by the Chapter President or Executive Committee as deemed necessary, or shall be called upon petition to the Chapter President of twenty percent (20%) of the members in good standing.

Section 3.  Meeting Notice

1. Unless otherwise provided herein, notice of a regular or special meeting shall be provided to the membership at least five (5) days in advance of said meeting.  The notice shall include the date, time, and location of the meeting, as well as the agenda or a summary of the business to be acted upon at the meeting.

2. In an emergency situation, as determined by the Executive Committee, notice of a special meeting may be provided to the membership less than five (5) days but not less than twenty-four (24) hours in advance.

3. Issues brought forward not specified in a special meeting notice shall not be in order.

Section 4. Quorum

It shall require at least six (6) members in good standing in attendance at any regular or special meeting for business to be acted upon.

Section 5.  Executive Committee Meetings

The Executive Committee may conduct executive meetings on an as needed basis; however, it shall not take any action that would require a vote of the membership.  Three (3) officers present at any Executive Committee meeting shall constitute a quorum.   The Chapter President must notify all Executive Committee members at least forty-eight (48) hours prior to an Executive Committee meeting. 

ARTICLE X - COMMITTEES

Section 1.  Standing Committees

The standing committees of this chapter shall be:  Labor-Management, Government Relations, Elections, Auditing, and Negotiations.    The duties of each standing committee are as follows:

1. The Labor-Management Committee shall:   Attempt to resolve matters concerning bargaining unit employee issues through problem solving techniques.  Handle all issues concerning bargaining unit members excluding individual disciplinary issues, active grievance actions, or issues subject to bargaining.   If a member of the committee has a conflict of interest on any issue being considered, that member will be excluded from discussion/resolution on that issue.

2. The Government Relations Committee shall: Promote the political and legislative agenda and interests of the chapter as determined by the chapter membership and directed by the Chapter President and Executive Committee. Coordinate with the OSEA Government Relations Office on matters related to local, state, and federal government relations programs and activities. Report on chapter government relations activities to the chapter membership and Chapter President, and the Chapter Executive Committee.

3. The Elections Committee shall:  Conduct, supervise and assist in the preparation, distribution, and counting of the ballots in all elections and contract ratifications, and certify the results to the Executive Committee and the chapter membership.  Ensure that all election procedures are conducted in accordance with the OSEA Constitution and Board Policy.

4. The Auditing Committee shall: Audit the books and records of the treasurer after the close of each fiscal year, and at such other times as ay be directed by the President, and report its findings to the chapter membership.

5. The Negotiations Committee shall:  Consist of at least one (1) representative from each classification, whenever possible, the Executive Committee, and the OSEA Field Representative, who shall be a non-voting member.  Review the current contract and gather information from members to assist in the development of an initial proposal.  Develop an initial bargaining proposal.  Negotiate the contract and any modifications thereof, including re-openers and memorandums of understanding/agreement.  Ensure any tentative agreements reached are voted upon by the membership.

Section 2.  Special Committees

Special committees may be appointed as deemed necessary by the Executive Committee or the membership to perform a specific task and shall be considered temporary in nature.  The composition and duties of these committees shall be identified by the Executive Committee at the time of appointment.

Section 3.  Appointment

The President, with the advice and consent of the Executive Committee, shall appoint all standing and special committees, except Labor-Management which shall consist of the chapter officers and the OSEA Field Representative, and designated individuals from the employer.

Section 4.  Term

Unless otherwise provided herein, the term of service for all committees shall be from appointment through June 30.

Section 5.  Quorum

A majority of committee members present at any committee meeting shall constitute a quorum.  The committee chairperson must notify all committee members at least forty-eight (48) hours prior to a committee meeting. 

ARTICLE XI - WORKSITE ORGANIZERS

Section 1.  Worksite Organizers

1. Each building or department shall try to have at least one (1) Worksite Organizer appointed by the President with the advice and consent of the Executive Committee, given the employees at his/her worksite sustain the appointment. 

2. The Worksite Organizer shall:  Welcome new employees; encourage new employees and non-members to become members; post and distribute information; provide union information to members; refer members to chapter and OSEA resources; help chart and update basic employee data annually and provide to chapter leadership and OSEA staff; regularly communicate with chapter leadership and OSEA staff about issues at the worksite; attend chapter meetings; attend required trainings.

Section 2. Job Stewards

1. Chapter Job Stewards shall be appointed by the President with the advice and consent of the Executive Committee. To be eligible for appointment, a member must successfully complete the Basic Steward Training by OSEA.

2. The Job Steward shall:  Ensure employer compliance with the Collective Bargaining Agreement; investigate employee complaints and grievances; represent employees at investigatory meetings; represent employees at the informal and first formal stages of the grievance procedure, at a minimum; provide detailed reports to the Executive Committee and Field Representative on their activities; work in conjunction with the Field Representative; attend chapter meetings; attend job steward meetings; attend required training.

ARTICLE XII - ANNUAL CONFERENCE

Section 1.  Eligibility

Conference delegates and alternates shall be elected from among the active members of this chapter who are in good standing except for the Chapter President and newly elected officers who will be automatic delegates. The Executive Committee shall determine the actual number of delegate positions to be filled, not to exceed the maximum allowable under the OSEA Constitution, based on available funding and resources.   

Section 2.  Nominations

1. Nominations to fill Conference delegate positions shall be accepted from the floor at the April and May chapter meetings.  Only members in good standing may nominate candidates. 

2. Not less than fifteen (15) days prior to the May chapter meeting, a notice of the pending nominations and election shall be sent to each member in good standing.  The notice shall include the times, dates, and locations for nominations and balloting, and all other procedural instructions relating to the conduct of the nominations and election. 

Section 3.  Elections

a)   Nominations shall be closed at the May chapter meeting.  In the event the number of nominees equals, or is less than, the number of Conference delegate positions, the nominees shall be declared elected and no balloting shall be required. 

b)   When there are more nominees for Conference delegate than there are available positions, balloting shall be conducted at the May chapter meeting.  Election shall be by secret ballot vote.  The Elections Committee shall have the responsibility for the conduct of the election.  No nominated candidate shall be appointed to the Elections Committee.

c)    The Elections Committee will validate and tabulate all ballots at the May chapter meeting.  The chairperson of the Elections Committee will notify the membership of the results of the balloting at said meeting.

d)   It shall require a plurality of votes cast for delegate positions to be considered duly elected.  Absentee and proxy votes shall not be allowed.  In the event of a tie vote, election shall be determined by lot.

e)   Members not elected as delegates shall be designated as alternates and ranked in descending order based on the number of votes received.  Alternates will be called upon to fill vacant delegate positions based on their ranking.

f)    All ballots, tally sheets, notices, check-off lists, and other election materials shall be kept on file for at least one (1) year after the election.

g)    All delegate election requirements and procedures shall be in accordance with OSEA Board Policy.

ARTICLE XIII - CONTROL OF FUNDS

Section 1.  Fiscal Year

The operational and fiscal year of this Chapter shall be from July 1 through June 30.

Section 2.  Receipt and Distribution of Funds

All funds received shall be deposited in the name of OSEA Springfield Chapter 4 in such bank or other financial institution as approved by the Executive Committee.  No funds shall be dispersed except by check duly authorized and signed by both the Secretary/Treasurer and the Chapter President, or by chapter credit card.  In the event of a vacancy in the office of Secretary/Treasurer, funds shall only be disbursed upon the signature of the President and Vice President. 

Mileage for representation purposes may be reimbursed at the standard Federal rate when documented, requested and approved by the chapter officers.

Section 3.  Annual Budget

The Executive Committee shall prepare an annual budget for approval by the chapter membership prior to the end of each fiscal year, which shall include itemized estimated revenue and expenditures, and amounts to be set aside, when possible, as reserve funds.

Section 4.  Annual Audit

The Executive Committee shall have the chapter books and financial records audited each fiscal year to help assure accountability to the membership in the handling of chapter funds.  Such audit shall be made available to any chapter member and the OSEA State Association upon request.

Section 5.  Required Reports

The Executive Committee shall ensure that any financial reports required by the OSEA State Association shall be completed and submitted in a timely manner.

ARTICLE XIV - COLLECTIVE BARGAINING

Section 1.  Initial Proposal

When bargaining a full contract or modifications to an existing contract, the Negotiations Committee shall survey the membership for its recommendations in developing the initial proposal.

Section 2.  Ratification of Contract/Re-openers

1. When the Negotiations Team has reached a tentative agreement with the employer, copies of the agreement or a summary of the agreement shall be sent to each employee of the bargaining unit and the OSEA Field Representative not less than five (5) working days prior to a meeting called for the purposes of explanation, answering of questions, and voting.  The meeting notice shall specify the time, date, and place where the matter will be acted upon.

2. The ratification meeting, as described above, shall be open to all employees in the bargaining unit.  Non-members (fair share fee payers) shall have the right to participate in the discussion and debate but shall not have the right to make motions or vote.  Copies of the tentative agreement shall be provided to all employees in attendance at the ratification meeting.

3. The Elections Committee shall have the responsibility for the conduct of the ratification balloting.  Voting shall be by secret ballot and only verified active members in good standing shall be allowed to vote.  Absentee or proxy ballots shall not be allowed.

4. The Elections Committee will validate and tabulate all ballots.  It shall require a majority of OSEA members voting in the affirmative to ratify the agreement.  The chairperson of the Negotiations Committee will notify the Executive Committee, and the President will then notify the general membership and the employer of the results of the balloting.

Section 3.  Executed Agreement

Every collective bargaining agreement, including re-openers, shall be signed and dated by the appropriate representative(s) of this chapter and a staff representative of the Association.  No contract/re-opener shall be valid unless ratified by the membership in accordance with provisions set forth herein and OSEA Board Policy.

Memorandums of Agreement/Understanding (MOA/MOU) that cause a change to any items that are mandatory subjects of bargaining must be ratified by a vote of active members in good standing and follow the process for Executed Agreement.

ARTICLE XV - PARLIAMENTARY AUTHORITY

Except as provided by the Constitution of this chapter, Robert’s Rules of Order, Newly Revised shall govern all proceedings of this chapter and committees.

ARTICLE XVI - AMENDMENTS

Section 1.  Motion to Amend – First Reading

A motion to amend the Constitution of this chapter may be made by any member in good standing at any regular or special meeting of the chapter, provided that the proposed amendment is submitted in writing.  This submission shall constitute the first (1^st) reading.

Section 2.  Notice of Proposed Amendment and Action – Second Reading

1. The Chapter President shall cause the proposed amendment to be placed on the agenda of the next regular chapter meeting, which shall be no less than twenty-one (21) days after the first reading, where the proposed amendment shall be read a second (2^nd) time and acted upon.

2. Written notification of the proposed amendment, including the date, time, and location of the meeting, as well as the complete text of the proposed changes, shall be provided to all members in good standing not less than fifteen (15) days prior to the meeting.

Section 3.  Adoption

Two-thirds (2/3) of eligible members present and voting shall be required to adopt the proposed amendment.  Any amendment or revision which includes any change in the chapter dues rate/structure or assessments shall require a secret ballot vote.

Section 4.  State Association Review

All amendments and/or revisions to the Constitution shall be submitted to the OSEA Executive Director for review within ten (10) days following their adoption.   Such amendments and/or revisions shall include the date of the revision/adoption.  The Executive Director shall determine that the technical composition of the amendments and/or revisions is in compliance with the OSEA Constitution and/or Board Policy, and the law.  The amendments and/or revisions shall not be in full force and effect until final approval of the State Association.

OSEA Springfield Chapter 4

Constitution

APPENDIX A

Officer Elections

(Centralized Worksite Balloting)

Section 4.  Elections

1. Nominations shall take place at the April and May chapter meetings and shall be closed at the May chapter meeting.  In the event there is only one (1) nominee for an office, the nominee shall be declared elected and no balloting shall be required.

2. When there is more than one (1) nominee for an office, balloting shall be conducted at the May chapter meeting or at a centralized worksite, as determined by the Executive Committee.  Balloting times shall be established in such a manner as to accommodate the various employee work schedules.  Election shall be by secret ballot vote. 

*The Elections Committee will notify the members at each worksite at least fifteen (15) calendar days prior to the balloting date of the location of the balloting site and of the specific date and time during which balloting will take place.

3. The Elections Committee shall have the responsibility for the conduct of the election.  No nominated candidate shall be appointed to the Elections Committee by the Executive Committee.

4. The Elections Committee will validate and tabulate all ballots at the conclusion of balloting.  The chairperson of the Elections Committee will notify the Executive Board and the President will notify the membership of the results of the balloting.

5. It shall require a majority of votes cast for the office to be considered duly elected.  Absentee, proxy and write-in votes shall not be allowed.  In the event no candidate receives a majority of votes cast, a runoff election shall be conducted between the two (2) candidates receiving the most votes on the first ballot until one (1) candidate receives a majority.

6. All ballots, tally sheets, notices, check-off lists, and other election materials shall be kept on file for at least one (1) year after the election.

7. All officer election requirements and procedures shall be in accordance with OSEA Board Policy.

OSEA Springfield Chapter 4

Constitution

APPENDIX B

Conference Delegate Elections

(Centralized Worksite Balloting)

Section 3.  Elections

1. Nominations shall be closed at the May chapter meeting.  In the event the number of nominees equals, or is less than, the number of Conference delegates positions, the nominees shall be declared elected and no balloting shall be required.

2. When there are more nominees for Conference delegate than there are available positions, balloting shall be conducted at the May chapter meeting or at a centralized worksite, as determined by the Executive Committee.  Balloting times shall be established in such a manner as to accommodate the various employee work schedules.  Election shall be by secret ballot vote. 

3. The Elections Committee shall have the responsibility for the conduct of the election.  No nominated candidate shall be appointed to the Elections Committee by the Executive Committee.

4. The Elections Committee will validate and tabulate all ballots at the conclusion of balloting.  The chairperson of the Elections Committee will notify the Executive Committee and the President will notify the membership of the results of the balloting.

5. It shall require a plurality of votes cast for delegate positions to be considered duly elected.  Absentee, proxy and write-in votes shall not be allowed.  In the event of a tie vote, election shall be determined by lot.

6. Members not elected as delegates shall be designated as alternates and ranked in descending order based on the number of votes received.  Alternates will be called upon to fill vacant delegate positions based on their ranking.

7. All ballots, tally sheets, notices, check-off lists, and other election materials shall be kept on file for at least one (1) year after the election.

8. All delegate election requirements and procedures shall be in accordance with OSEA Board Policy.

OSEA Springfield Chapter 4

Constitution

APPENDIX C

Collective Bargaining

 (Worksite Balloting)

Section 2.  Ratification of Contract/Re-openers

1. When the Negotiations Team has reached a tentative agreement with the employer, copies of the agreement or a summary of the agreement shall be sent to each employee of the bargaining unit and the OSEA Field Representative not less than five (5) working days prior to an informational meeting called for the purposes of explanation and answering of questions.  The meeting notice shall specify the time, date, and place of the meeting.

2. The informational meeting, as described above, shall be open to all employees in the bargaining unit.  Non-members (fair share fee payers) shall have the right to participate in the discussion and debate but shall not have the right to make motions or vote.  Copies of the tentative agreement shall be provided to all employees in attendance at the informational meeting.

3. The Elections Committee shall have the responsibility for the conduct of the ratification balloting.  Voting shall be by secret ballot and only verified active members in good standing shall be allowed to vote.  Absentee or proxy ballots shall not be allowed. 

4. The Executive Board shall designate three (3) worksite balloting locations. The Elections Committee will notify the members at each worksite at least five (5) working days prior to the balloting date of the location of their balloting site, the specific date and time(s) during which balloting will take place, and the name of the Worksite Organizer (WSO) or designee conducting the worksite balloting.  In the event a worksite has no WSO or member(s) willing and able to oversee balloting at their worksite, a member(s) of the Executive Committee or Elections Committee shall be responsible for overseeing the balloting at that worksite.  Balloting times shall be established in such a manner as to accommodate the various employee work schedules.  The Elections Committee will prepare and distribute ballots and check-off sheets to the WSO or designee.  The WSO or designee is responsible for maintaining the custody of the ballots and ballot box.  Completed ballots are to be brought by the WSO, designee, or member of the Elections Committee to the location designated by the Elections Committee for ballot tallying.

5. The Elections Committee will validate and tabulate all ballots.  It shall require a majority of OSEA members voting in the affirmative to ratify the agreement.  The chairperson of the Negotiations Committee will notify the Executive Board and the President will notify the membership and the employer of the results of the balloting.

6. All ballots, tally sheets, notices, check-off lists, and other ratification materials shall be kept on file for at least one (1) year after the ratification.

Note: Memorandums of Agreement/Understanding (MOA/MOU) that cause a change to any items that are mandatory subjects of bargaining must be ratified by a vote of active members in good standing and follow the process for Executed Agreement.