Proposed constitutional amendment on 2008 Spring DA agenda

In accordance with Article XIII of the UUP Constitution, UUP bargaining unit members are hereby notified that the following constitutional amendment to establish a Retiree Chapter will be on the agenda of the 2008 Spring Delegate Assembly, scheduled for May 2-3 in Albany. Additions are bolded and underlined; [Deletions are bracketed and lined through]


ARTICLE III. MEMBERSHIP. Section 1. Classes of Membership. a. Regular Membership. i. and ii, lines 20 – 23 and b. Special Membership. lines 24 – 26, 37; c. i. line 44:

There shall be the following classes of membership in United University Professions:

a. Regular Membership:

i. Active membership shall be open to employees in the State University of New York and in such other higher education units in the State of New York as shall be determined by the Delegate Assembly;

ii. Retired membership shall be open to any person who has retired from active service while an Active member of United University Professions.

b. [Special Membership, either Retired or Sustaining; Retired Members may vote and hold office in the Retiree Chapter and Affiliate levels; Sustaining members may vote but may not hold office at the Chapter, Local or Affiliate levels:

i. Retired membership shall be open to any person who has retired from active service while a Regular member of United University Professions;]

i. Sustaining membership shall be open to any person who has been retrenched or to any person who has been involuntarily terminated and has litigation, grievance, or other, similar proceedings in progress, such membership to terminate upon reinstatement in the negotiating unit or resolution of such litigation or other proceedings, and to be limited to the period of litigation or a three-year term, whichever is longer. Sustaining members may vote but may not hold office at the Chapter, Local or Affiliate levels.

c. i. Associate membership shall be open to any person not eligible for Regular [or special] . . .


ARTICLE III. MEMBERSHIP. Section 2. Categories of Membership. lines 82 – 87, adding "c.:"

Membership shall be of [either] one of [two] three categories, "academic", [or] "professional" or retired;

a. "Academic" members shall be those persons who are Active members with academic rank;

b. "Professional" members shall be those persons who are Active members with professional rank.

c. “Retired” members shall be those persons who have retired from active service while Active members of United University Professions and who pay annual dues in accordance with Section 4 b.ii of Article III.

 

ARTICLE III. MEMBERSHIP. Section 3. General Provisions. a. lines 95 – 96:

a. Membership status shall officially begin with the registration by the UUP office, either through receipt of a payroll deduction authorization card or of a letter of application accompanied by a dues payment; membership in good standing shall be maintained through payment of dues and shall officially terminate after a grace period of sixty days following the due date, except that any Active member who has retired may [resume membership, in retired status,] become a Retired member at any time;


ARTICLE III. MEMBERSHIP. Section 4. Dues, b. i. a. line 113; b. line 120; and ii. lines 127 – 135:

b. Annual dues of United University Professions shall be assessed as follows:

i. a. For [Regular] Active members whose salaries are at or above the minimum salary negotiated for the bargaining unit, one percent of the base annual salary, provided, however, that such members on leave without pay or temporarily off payroll shall be assessed for $25, prorated as appropriate, plus the equivalent of affiliate per-capita dues payments;

b. For [Regular] Active members whose salaries are below the minimum salary negotiated for the bargaining unit, nine-tenths of one percent of the annual salary, provided, however, that such members on leave without pay or temporarily off payroll shall be assessed for $25, prorated as appropriate, plus the equivalent of affiliate per-capita dues payments;

ii. For [the special class of] Retired members, dues shall be calculated prior to each fiscal year, and before adoption of the annual budget, using the following formula: a basic charge figured with reference to actual costs in support of retiree [activities] programs as derived from the most recent complete financial records, plus an amount for additional assessment for support of [retiree programs as determined by the Committee on Active Retired Membership] the Retiree Chapter, in consultation with its [constituency] Executive Board and the Finance Committee;


ARTICLE IV. OFFICERS. Section 6. Duties of the Membership Development Officer. lines 203 – 204:

The Membership Development Officer shall work to promote membership growth; shall present to the Executive Board recommendations with respect to membership development; shall serve, by virtue of the office, [as a member of the Committee on Active Retired Membership and] as a member of the Membership Committee; and shall perform such other membership-related functions as may be directed by the President or the Executive Board.


ARTICLE V. EXECUTIVE BOARD. Section 1. Composition. lines 222 – 223, 225, 228:

There shall be an Executive Board consisting of the officers and thirteen additional persons elected by and from the body of the Delegate Assembly. In addition, the [Chair of the Committee on Active Retired membership] President of the Retiree Chapter shall serve as a nonvoting member. Total voting membership on the Executive Board shall reflect the approximate whole-number ratio by the categories of Academic and Professional membership on the rolls of United University Professions. The Executive Board shall include no fewer than one member from each of the five types of Chapters representing Active members, as defined in Article VII, Section 4, of this Constitution. No more than two members of the entire Executive Board may be from the same Chapter.


ARTICLE V. EXECUTIVE BOARD. Section 2. Terms of Office and Election Procedures. a. line 232 and b. line 234:

a. Terms of office of voting members of the Executive Board shall be for two years and shall be staggered.

b. Executive Board voting members shall be elected in accordance with the provisions of Article VIII, Section 4, Nomination and Election Procedures, of this Constitution.


ARTICLE VI. DELEGATE ASSEMBLY. Section 1. Composition. lines 276 – 277:

The Delegate Assembly shall consist of delegates from the Chapters of the organization, members of the Executive Board, and Chairpersons of the Standing Committees.[, and one delegate elected by and from the Retired Membership of the organization.]


ARTICLE VII. CHAPTERS. Section 2. Structure of the Chapters. b. c. and d. lines 350 – 368:

b. i. Each Chapter, with the exception of the Retiree Chapter, shall have, as officers, a President, a Vice President for Academics, a Vice President for Professionals, a Secretary and a Treasurer, or a Secretary/Treasurer, a Grievance Chairperson, a Part-Time Concerns Representative, a designee for Affirmative Action, a Retiree Representative and such other officers as shall be specified in the Chapter By-Laws, who, with the exception of the Grievance Chairperson, [and] the designee for Affirmative Action and the Retiree Representative must be elected in accordance with the provisions of Article VIII, Nomination and Election Procedures, of this Constitution, and provided that any Chapter may designate, in its By-Laws, other positions as elective provided, however, that Retired members may not serve in any elective position in any Chapter representing Active employees but may serve in appointive committee positions in such Chapters.

ii. The Retiree Chapter shall have as officers, a President, a Vice President, a Secretary and a Treasurer or a Secretary/Treasurer.


c. Regional Divisions for the purposes cited in Section 3. b. 3 and 3. b. 4 shall be as follows: Capital District: Albany, System Administration, Cobleskill, New Paltz, New York State Theatre Institute; Long Island: Farmingdale, Old Westbury, Stony Brook, Stony Brook HSC; North Country: Canton, Plattsburgh, Potsdam; Western New York: Alfred, Brockport, Buffalo HSC, SUC-Buffalo, SUNY-Buffalo, Fredonia, Geneseo; Central New York: Environmental Science and Forestry, Morrisville, Oswego, Syracuse HSC, Utica/Rome; Metropolitan: Brooklyn HSC, Maritime, Optometry, Purchase; Southern Tier: Binghamton, Cortland, Delhi, Oneonta. Empire State Chapter retirees will be included in the Region in which such member’s primary work site prior to retirement was located.

[c.]d. The officers of each Chapter shall arrange for meetings, for elections, for effective communication between the Chapter, the Delegate Assembly, and other appropriate bodies, and for such other Chapter activities as may be required to accomplish the goals of the Union;

[d.]e. Each Chapter, with the exception of the Retiree Chapter, which shall have its fiscal accounting performed by the UUP Treasurer or designee in consultation with the Treasurer of the Retiree Chapter, shall periodically submit a fiscal accounting of its activities to the Executive Board of UUP, on a form authorized by the Board.


ARTICLE VII. CHAPTERS. Section 3. Chapter Representation to the Delegate Assembly. a. b. c. d. e. lines 373 – 385:

a. Subject to the provisions of Article VIII, Nomination and Election Procedures, of this Constitution, Chapter representation to the Delegate Assembly, with the exception of the Retiree Chapter, shall consist of the following delegates:

[a.] i. The first delegate shall be the President of the Chapter;

[b.] ii. The second delegate shall be the Vice President elected by and from the category alternate to that of the Chapter President;

[c] iii. The third delegate shall be the Vice President elected by and from the same category as the Chapter President, if the Chapter is entitled to an additional representative from that category, except that where the Chapter is entitled to only three delegates, the Chapter may devise its own method for designation of the third delegate;

[d.] iv. Additional delegates and alternates shall be elected by and from the Chapter membership according to category;

[e]. v. Notwithstanding any other provision of this Constitution to the contrary, no Chapter shall have fewer than two delegates.

b. Retiree Chapter representation to the Delegate Assembly shall consist of the following delegates:

i. The first delegate shall be the President of the Chapter;

ii. The second delegate shall be the Vice President of the Chapter;

iii. Each region shall elect one delegate by and from the region; each such delegate shall also serve as regional chair for the region;

iv. Fourteen delegates shall be apportioned among the regions as specified in Section 2. c. of this Article VII, as of the certification date for elections in any election year, according to Retired Chapter membership by region; such additional delegates shall be elected by and from the Retired Chapter membership in each region.


ARTICLE VII. CHAPTERS. Section 4. Types of Chapters and Institutions. line 387. Insert f.

For the purposes of this Constitution, there shall be [five] six types of institutions and Chapters, as follows:

f. Retiree Chapter, provided, however, that membership in the Retiree Chapter shall not affect any ratio or proportion elsewhere specified in this Constitution.


ARTICLE VIII. NOMINATION AND ELECTION PROCEDURES. Section 2. Chapter Elections for the Delegate Assembly. c. lines 420 – 426; j. lines 457 – 459:

c. Chapter members in each category, as specified in Article III, Section 2, of this Constitution, shall elect to the Delegate Assembly delegates from their ranks, with the exception of the Chapter President, and in accordance with the provisions of Article VII, Section 3, of this Constitution; with the exception of the Retiree Chapter, each category in a Chapter shall be entitled to one delegate for every seventy[five] members or fraction thereof in the category. The Retiree Chapter shall be entitled to twenty-three delegates in accordance with the provisions Article VII. Section 3. b.

j. Candidates for delegate and alternate delegate, except for candidates for retired delegate and alternate retired delegate, shall run for the position of delegate in their respective categories of Academic and Professional;


ARTICLE VIII. NOMINATION AND ELECTION PROCEDURES. Section 3. Nomination and Election Procedures for the Retired Delegate to the Delegate Assembly and the Other Elected Members of the Committee on Active Retired Membership. entire section, lines 495 – 536:

[Section 3. Nomination and Election Procedures for the Retired Delegate to the Delegate Assembly and the Other Elected Members of the Committee on Active Retired Membership.

a. There shall be a delegate to the Delegate Assembly elected by and from the Retired Membership of the organization;

b.

i. There shall be seven elected members of the Committee on Active Retired Membership, in addition to the Retired Delegate to the Delegate Assembly, who, by reason of the office, shall chair the Committee; each such elected member of the Committee shall be elected by and from the Retired membership designated as belonging to a given Region as defined in Section 3.b.ii. of this Article, such designation being determined by the location of the Chapter of which any Retired member had been a Regular member prior to retirement, provided, however, that any Retired member who had been a member of a Statewide Chapter prior to retirement shall be designated as belonging to the Region in which such member’s primary work site prior to retirement was located.

ii. Regional Divisions for the purposes cited in Section 3.b.i. shall be as follows: Capital District: Albany, Central Administration, Cobleskill, New Paltz, New York State Theatre Institute; Long Island: Farmingdale, Old Westbury, Stony Brook, Stony Brook HSC; North Country: Canton, Plattsburgh, Potsdam; Western New York: Alfred, Brockport, Buffalo HSC, SUC-Buffalo, SUNY-Buffalo, Fredonia, Geneseo; Central New York: Environmental Science and Forestry, Morrisville, Oswego, Syracuse HSC, Utica/Rome; Metropolitan: Brooklyn HSC, Maritime, Optometry, Purchase; Southern Tier: Binghamton, Cortland, Delhi, Oneonta. Empire State Chapter retirees will be included in the Region in which such member’s primary work site prior to retirement was located.

c. Procedures for nominations and elections shall be determined by the Executive Board and shall be published to the Retired Membership; such procedures shall be consistent with those established for Chapter elections for the Delegate Assembly, as appropriate;

d. The Elections and Credentials Committee shall be responsible for the conduct of nominations and elections called for under the provisions of this section.)]


ARTICLE VIII. NOMINATION AND ELECTION PROCEDURES. Section [4] becomes Section 3. Nomination and Election Procedures for Officers and Executive Board Members. a. lines 539 – 540; and i. lines 600 – 603:

Section 3. Nomination and Election Procedures for Officers and Executive Board Members.

a. Officers and members of the Executive Board shall be elected by and from the membership of the Delegate Assembly; provided, however, that delegates from the Retiree Chapter shall not be eligible to be nominated or serve in such positions.

i. Any person serving as an Officer or member of the Executive Board, with the exception of the President of the Retiree Chapter serving as a non-voting member on the Executive Board, shall be eligible for nomination, renomination, and election to any position elected by and from the Delegate Assembly.


APPENDIX "A" TO ARTICLE VIII. UUP CHAPTER ELECTION GUIDELINES. Section 1. Responsibilities., D, 1. line 713; 2. lines 717 – 718; 3. line 723:

1. At least thirty days prior to the close of nominations, nominations for each office requiring election shall be solicited from all [Regular and Retired] members of the Chapter.

2. This notice of election and call for nomination, the procedure to be followed in nominating, and the date nominations close shall be mailed to each [Regular and Retired] Chapter member at the latest known home address.

3. All nominees and nominators must be [Regular or Retired] members in good standing of UUP as of the certification date of the election.


ARTICLE IX. REFERENDA. Section 2. Initiation and Procedures. a. iii. line 885:

iii. By petition of at least ten percent of the [regular] Active members, drawn from at least twenty percent of the Chapters, excluding the Retiree Chapter.


ARTICLE X. COMMITTEES. Section 1. Standing Committees. lines 901 – 902; a. i. lines 907, 917, 919; h., lines 973 – 987; subsequent sections move up to end with j. lines 998 – 1018:

The Standing Committees of this organization shall be the Committees on Negotiations, Legislation, Membership, Finance, Grievance, Elections and Credentials, Affirmative Action, [Active Retired Membership,] Part-Time Concerns, Solidarity, and Women’s Rights and Concerns. Only Active Members shall serve as Chairs of Standing Committees.

a.

i. The Negotiations Committee for the Professional Services Negotiating Unit of the State University of New York shall be composed of a chair, one member from each Chapter, with the exception of the Retiree Chapter, and, in addition, one academic part-time member chosen at large and one professional part-time member chosen at large; in its entire membership, the Committee shall reflect the approximate whole-number ratio of academic and professional members of the Delegate Assembly. Prior to formulating its proposals for presentation to the President for negotiation, it shall form an Ad Hoc Advisory Committee, which shall consist of the members of the Negotiations Committee and one academic and one professional member from each of the Chapters, with the exception of the Retiree Chapter; the members of the Advisory Committee shall be responsible for compiling and presenting the concerns of the membership of each Chapter, with the exception of the Retiree Chapter, each type of institution, and each category of membership to the Negotiations Committee for consideration in such formulation;

[h. The Committee on Active Retired Membership shall be composed of eleven members, seven elected by and from the Retired Membership of the organization, two appointed by the President, and, by reason of their offices, the Membership Development Officer and the Retired Delegate to the Delegate Assembly, who, by reason of the office, shall chair the Committee. The Committee on Active Retired Membership shall work to encourage and promote retired membership, shall make recommendations with regard to organizational structures wherein retirees and the Union may continue their mutually beneficial relationships, shall propose means whereby the interests of Retired members are referred to appropriate bodies, shall consider such other matters as may be referred to it, and shall report to the President, the Executive Board, and the Delegate Assembly; ]

[i].h. The Committee on Part-Time Concerns shall work to encourage and promote membership and activity of part-timers; shall make recommendations with regard to organizational structures wherein part-timers may work; shall propose means whereby the interests of part-time members are referred to appropriate bodies; shall consider other matters referred to it; shall work with other committees as directed by the Executive Board to further the needs of part-timers, and shall develop programs designed to aid members and chapters.

[j] i. The Solidarity Committee shall work as a liaison of the Union with the labor movement at large through such activities as the gathering and dissemination of information about other unions, union-related matters, social justice issues, and the role of UUP in the labor movement in this State, regionally, nationally, and internationally; shall receive and respond to, or recommend appropriate referrals or other actions regarding, such matters as may, from time to time, be received from or referred to it by other unions, organizing committees, the Executive Board, the Delegate Assembly, the Chapters of the organization, or other appropriate bodies; shall administer a Solidarity Fund, should such be budgeted, under guidelines established by the Executive Board; shall consider such other matters as may be referred to it, and shall report to the President, the Executive Board, and the Delegate Assembly.

[k] j. The Women’s Rights and Concerns Committee shall report to the President, the Executive Board, and the Delegate Assembly with respect to fair and equal treatment of women, their issues and concerns, and shall work to assure that fairness and equity for women, their issues and concerns as manifested on local campuses and are reflected in the activities and policies of UUP and its affiliates.


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