FUDTA

Standing Rules

Fremont Unified District Teachers Association

Standing Rules

...

STANDING RULES

STANDING RULES

Fremont Unified District Teachers Association/CTA/NEA

I. Elections Committee

A. Purpose and Goal

1. To ensure fairness, accuracy, credibility, and the constitutional rights of the membership in all elections of the Association.

2. To ensure broad-based involvement of the membership in all elections.

B. Standing Rules

1. There shall be an Elections Committee.

2. Elections Committee members shall be appointed.

3. The Elections Committee shall be composed of at least three members.

4. The Chair of the Elections Committee shall be appointed by the President.

5. Members of the Elections Committee shall be approved by the Executive Board.

6. A member shall abstain from participation in Elections Committee activities during the period in which he/she or his/her immediate family member is a candidate.

7. All committee members with voting rights on the committee shall be Active members of the Association.

8. Removal of committee members shall be accomplished by the President, when necessary, at the direction of the Executive Board.

C. Election Requirements

1. The Chapter shall ensure that an open nomination procedure is in place (i.e., any member may nominate any member including himself or herself). Only reasonable qualifications for office such as membership in the Chapter may be required.

2. Every member shall be assured of voting by secret ballot.

3. There shall be at least a forty-five (45) day period between notice of election and the actual voting.

4. There shall be an all active member vote. Substitutes and members who are off-track shall be sent election information by mail to their last known residence.

5. A Chapter shall provide means for all members to vote (including vote by mail), and it shall be the responsibility of the member to notify the Chapter if s/he desires a ballot at a site other than the regularly scheduled voting place.

6. An active member shall acknowledge receipt of the ballot by signature on a registration sheet at the time of issuance of the ballot or on an envelope when returning the voted ballot. If a roster of members is prepared for a school site ahead of time, initials of the member may be accepted.

7. FUDTA elections shall be decided by plurality. CTA/ALCOSTA/NEA RA elections shall be governed by their respective bylaws.

8. In the event that only one nominee is presented for an office, the question of waiving the ballot shall be immediately placed before the Representative Council on a non-debatable basis. A two-thirds (2/3) vote shall be required to waive the ballot.

D. Announcement

1. The announcement of election shall include the offices, length of terms, and the election timeline, and a reminder of Campaign Rule G.13.

2. The announcement shall be publicized in such a manner that every member has an opportunity to file a declaration of candidacy.

E. Timeline

1. Schools on alternative calendars shall be considered when setting election timelines.

2. The timeline for the election shall include dates for:

a. Time, date, place where declaration of candidacy are to be received. Literature shall include information that defines the date as receipt date and not postmark date

b. Date on which ballots will be distributed

c. Date(s) when voting will take place

d. Deadline date for requesting absentee ballot

e. Deadline date, time and place for return of ballots, including absentee ballots

f. Date, time and place where ballots will be counted by the elections committee.

g. Date(s) that announcement of results will be made to leadership, candidates, and members

h. Dates and timelines for run-off election, if necessary

i. Deadline for filing of challenges

F. Finances

1. Chapter monies received through dues, assessment or similar levy shall not be used to promote any candidate.

2. A candidate may not accept direct contributions from a ChapterÕs treasury or indirect contributions in the form of use of a ChapterÕs assets, facilities, staff, equipment, mailings, good will, and credit.

G. Campaign Rules

1. The election rules shall be given to any FUDTA member on request and shall be applicable to the elections process at all times.

2. FUDTA Membership and Agency Fee rosters, by school, and campaign information shall be equally available to all candidates.

3. FUDTA office, supplies, materials, equipment or other resources of FUDTA, (except as specified in G2 and H4), shall not be used by any candidate or campaign.

4. Candidates may be endorsed by any FUDTA member.

5. FUDTA Standing Committees shall not endorse any candidate.

6. FUDTA Office staff shall not be involved in any way in any candidatesÕ campaign, except stuffing Bomar mail and printing rosters.

7. CandidatesÕ literature shall not appear to be official FUDTA publications

8. A candidate may not use the official logo of the unit or official Association title in a way that suggests that the candidate has the support of the unit, CTA or any of its affiliates.

9. All campaign flyers/materials must include a disclaimer stating that: ÒThe views and opinions expressed are those of the candidate and not necessarily those of FUDTA/CTA/NEAÓ.

10. Candidates may include current positions and all past positions held in FUDTA/CTA/NEA campaign literature.

11. Campaigning must be kept separate from official FUDTA reports and presentations.

12. Any campaign literature must not be attached to ballots in any way.

13. Candidates are required to forward copies of all their campaign literature and Executive Board member endorsements to the FUDTA office prior to distribution. A file of said campaign literature will be maintained for a period of 30 days after the election and will be available for examination.

14. Each candidate shall be responsible for the dissemination of all campaign literature.

15. Campaigning shall not begin, in any way, including electronic, print, and/or verbal, until a vacancy has been announced at Rep Council.

16. Preliminary written notice of any upcoming general election shall be published in advance, and shall contain Campaign Rules and CandidateÕs Rights, and shall be sent to all FUDTA members at all FUSD schools.

H. CandidateÕs Rights

1. Privileges extended to one candidate shall be extended to all candidates.

2. Each candidate shall receive a copy of the election timeline and campaign rules.

3. Each candidate shall be treated in a fair and equitable manner in the printing and distribution of campaign statements.

4. Candidates may use FUDTA or District mail if they follow correct guidelines and procedures. Faculty representatives shall distribute FUDTA-provided candidate statements but shall not be responsible for disseminating individual campaign literature except by individual consent.

5. Each candidate shall have the opportunity to submit a statement of not more than twenty-five (25) words, to be published by FUDTA prior to the election. A candidate for President shall have the opportunity to submit a statement of not more than 100 words.

6. Each candidate shall have the right to a list of the names and addresses of school sites and the number of Active members at each site for the purposes of campaigning.

7. Candidates will have the opportunity to be introduced and to speak for a period of one (1) minute at the Representative Council meeting immediately prior to the election. The order of speakers shall be by position and in the reverse CTA alphabetical order which is designated for appearance on the ballot.

I. Ballot

1. The names of the candidates shall be printed on the ballots according to the CTA election alphabet. The name of each candidate shall be printed on the declaration of candidacy. When a candidateÕs last name is hyphenated, the name before the hyphen shall be used for placement on the ballot.

2. The ballot shall state the name of the office, the term, and the names of the candidates.

3. The ballot shall include space for a write-in candidate, except in run-off elections.

J. Distribution of Ballots and Method of Voting

1. Each member shall receive a ballot.

2. Voting methods shall be as follows:

a. At School Site/Specified Voting Site Using Rosters

i. Each voter must sign or initial a voter roster which includes the list of eligible voters before submitting a voters ballot.

ii. The marked ballot must be returned to a designated site representative or ballot box.

iii. Site representatives must return all voter rosters and alphabetized ballots to the Elections Committee by the designated date and time.

b. Voting At School Site/Specified Voting Site Using Envelopes

i. A list of current members shall be prepared, which includes each memberÕs name, school, and home address.

ii. The voter shall be provided with the following: ballot, instructions on folding and placement of the ballot in the unsigned inner envelope, signature on the outer envelope addressed to the Chapter, and deadline date for receipt of the completed ballot at the Chapter office, a smaller envelope (inner envelope) in which to place the completed ballot, and, a larger envelope (outer envelope) addressed to the Chapter, on which the voter prints and signs his/her name.

iii. At the time of counting of the ballots, the names on the outer envelope shall be checked against the official list of voters. The name on the official list shall be marked to show that the voter has returned a ballot.

iv. The outer envelope shall be opened and put in a separate stack for safekeeping as a record of voters.

v. All inner envelopes shall be placed in a separate receptacle.

vi. The inner envelopes shall be slit and the ballot removed from the envelopes, stacked, and then counted.

c. Sites that do not have Faculty Representatives shall be notified by FUDTA, at least three days before the election, to go to the FUDTA office. Attendance Area Representatives shall notify the site of the election by posting the dates in the staff room.

d. By mail

i. Members who are off-track or on a dues paying leave shall be notified by mail in order to provide them an opportunity and right to vote.

ii. Special care shall be taken in all phases of handling ballots to ensure the accuracy and secrecy of voting by mail.

iii. A list of current official members shall be prepared, which includes the following: name, school, and home address.

iv. The mailing list shall exactly correspond to the current official role of voting members.

v. Each voter shall be provided with: ballot, instructions, inner envelope, outer return envelope, and instructions for returning the completed ballot, with the signature.

vi. The ballot shall be date stamped when it is received in the Chapter office, and then put in a safe place until the votes are to be counted.

vii. At the time of counting ballots, the names on the outer envelope shall be checked against the official list of teachers who are off-track.

viii. The outer enveloped shall then be opened and put in a separate stack for safekeeping as a record of voters.

ix. All inner envelopes shall be placed in a separate receptacle.

x. The inner envelopes shall be slit and the ballots removed from the envelopes, stacked, and then counted.

K. Counting of Ballots

1. Upon receipt of ballots, tally sheets and signature sheets, the Elections Committee shall count the ballots in a secure area with only the Elections Committee members and observers present.

2. The Elections Committee shall count valid ballots and set aside any ballot(s) on which there is a question such as:

a. Blank ballot

b. More ballots than signatures

c. Ballot submitted after deadline

d. Voter not a member

e. VoterÕs intent unclear

f. Votes cast for more than number allowed

g. Vote cast on unofficial ballot

h. Vote cast for ineligible candidate

i. Ballots containing additional written material and/or comments

3. The Elections Committee shall make a determination on whether the vote(s) in each category shall be counted, and make a note of the decision. Each category of ballot shall be kept separate.

4. The Elections Committee shall prepare the Final Report, recording the following information:

a. Total number of ballots cast

b. Number of set aside ballots with an explanation of each category of ballot not counted

c. The number needed to win or pass.

d. The number of votes received by each candidate or issue

e. A notation whether the set aside votes would affect the outcome

f. Signature of each Elections Committee member present during the preparation of the report

5. The Elections Chair shall submit the Final Report to the President or designee who shall inform all candidates of the results within 24 hours.

6. The President shall announce the results as prescribed by the timelines.

7. If the votes set aside would affect the outcome of the election, the President and the appropriate body shall decide:

a. To count the votes which have been set aside

b. Not to count the votes which have been set aside

c. To schedule another election

8. The ballots and voter sign-up sheets shall be retained for one year after the election.

9. Any candidate who may be affected by the vote may not be allowed to take part in the decision-making process.

L. Observers

1. Each candidate shall be allowed to observe or to have an observer at the vote counting site and shall give the name of the observer to the Elections Committee before counting.

2. An observer shall not interfere with the counting and shall stay in the counting area until the President or designee has been notified of the results.

M. Challenge Procedure

1. A challenge cannot be initiated until after the results of the elections have been posted at each work site.

2. The challenging party(ies) must notify the unit President of a challenge within ten (10) days after the announcement of the results of the election. The notification must:

a. Specify which requirement has been violated

b. Include evidence insofar as possible

c. List names and addresses of parties who can give evidence

3. Within ten (10) calendar days after receipt of the challenge, the unit Elections Committee shall, in accordance with the unitÕs bylaws and standing rules, conduct an investigation of the challenged election for the purpose of ascertaining the facts. Following the investigation to ascertain the facts, the Elections Committee will attempt to reach resolution and issue a decision regarding the validity of the challenge based on whether the alleged violation may have affected the outcome of the election. A copy of the recommendation will be sent to the President for disposition.

4. If an individual wishes to appeal the decision of the Elections Committee, or if the unit Elections Committee fails to act, he/she may file an appeal within seven (7) calendar days from the date of the filing of the challenge by writing to the CTA President.

5. The challenge procedure for elections of State Council Representative and Alternates, and for State or Local Delegates to the NEA Representative Assembly is outlined in the CTA Elections Manual.

N. Initiative Procedures

1. The Active membership shall have the authority to make decisions on any matters affecting the Association or its activities through the initiative process.

2. A member shall file a notice of the intent to circulate a petition with the Chapter President by including a copy of the petition to be circulated, and the names of at least three persons supporting the proposed measure who will be responsible for its circulation.

3. The Chapter President shall register the receipt of the notice of the intent to circulate, and acknowledge such registration in writing with the member filing the notice.

4. The timeline for gathering signatures will commence the day that the notice of intent is registered. A maximum of 45 school days shall be permitted to obtain the signatures of at least 10 percent of more of the Active members of the Chapter. The petition shall contain the question proposed to be placed on the ballot.

5. The circulators shall present to the Chapter President the petition(s) containing original signatures.

6. The Chapter President shall have 5 school days in which to verify the membership of the signers of the petition.

7. If there are insufficient signatures, the petition circulator shall be notified within 3 calendar days by mail of the number of signatures needed to qualify the petition. The petition circulator shall have an additional 7 school days in which to gather and submit the necessary signatures. The Chapter President shall have 3 school days in which to verify the membership of the additional signers.

8. The Chapter President shall cause a ballot to be furnished to the members no less than 15 school days after verification of membership, provided that the period that school is officially not in session shall not be included in this count.

9. Regular election procedures (e.g. election of officers) shall be followed including voting times.

10. The proposal shall take effect immediately upon receipt of the required number of votes, unless otherwise specified.

O. Referendum Procedures

1. Any action or proposed action of the Representative Council or the Executive Board shall be referred to a vote of the membership upon two-thirds vote of the Representative Council at any valid meeting.

2. The referendum action shall prescribe the exact wording of the question to be posed to the membership on the ballot.

3. The Chapter President shall cause a ballot to be furnished to the members no fewer than 15 school days after action by the Representative Council, provided that the period the school is not officially in session shall not be included in this count.

4. Regular election procedures (e.g. election of Officers) shall be followed, including voting times.

5. The proposal shall take effect immediately upon receipt of the required number of votes, unless otherwise specified.

P. Recall Procedures

1. The Active membership shall have the authority to recall from office any person or persons having been elected thereto by the ChapterÕs Active members.

2. A member shall file a Notice of the Intent to Circulate a Petition to recall with the Chapter President by including a copy of the petition to be circulated, and the names of at least three persons supporting the proposed recall who will be responsible for its circulation. If the proposed recall is for the person holding the office of President, the request shall be made to the next ranking officer.

3. The Chapter President shall register the receipt of the notice of the intent to circulate, and acknowledge such resignation in writing with the member filing the notice.

4. The timeline for gathering signatures will commence the day that the Notice of Intent is registered. A maximum of 60 school days shall be permitted to obtain the signatures of at least 25 percent or more of the Active members of the Chapter. The petition shall contain the question proposed to be placed on the ballot.

5. The circulators shall present to the Chapter President the petition(s) containing original signatures.

6. The Chapter President shall have 10 school days in which to verify the membership of the petition signers.

7. If there are insufficient valid signatures, the petition circulator shall be notified by mail that the petition failed for a lack of signatures.

8. The Chapter President shall cause a ballot to be furnished to the active members no less than 20 school days after verification of signersÕ membership.

9. Regular election procedures (e.g. election of Officers) shall be followed including voting times.

10. Any necessary supplementary rules governing recall that are not in conflict with the foregoing may be adopted and published within the same publications and by the same manner as are prescribed for other elections within the Association.

11. The proposal shall take effect immediately upon receipt of the required number of verified votes, unless otherwise specified.

II. Grievance Committee

A. Purpose and Goal

1. To provide educational materials, resources, and support for unit members and Site Representatives regarding teacher rights or grievances

2. To provide grievance and teacher rights training for Site Representatives

3. To consider carefully the merits of each Level Two Grievance and to make recommendations to the FUDTA Executive Board concerning whether or not to submit a grievance to arbitration

4. To set standards or guidelines for filing a grievance

5. To establish a filing system for grievance

6. The President, Executive Director, and/or the Grievance Committee shall approve any grievance filed by an Association Representative in their official capacity and/or in the name of the Association

7. All committee members with voting rights on the committee shall be Active members of the Association

8. Removal of committee members shall be accomplished by the President, when necessary, at the direction of the Executive Board

B. Standing Rules

1. The Grievance Committee shall meet monthly or as needed.

2. Minutes shall be taken and maintained on file.

3. The Chairperson shall call a meeting upon receipt of a request from a grievant to submit a request to arbitration.

4. A quorum of five (5) members will be required to make any decisions or recommendations relevant to grievances.

5. The Grievance Committee will make recommendations to the FUDTA Executive Board concerning the submission of a grievance to arbitration. The recommendation will be based on Association policy and advice of staff.

6. All Association grievances will be processed in a timely manner.

7. All information will be kept in the strictest of confidence.

C. Operating Procedures

1. Procedure for submitting a grievance to arbitration.

a. The grievant shall be invited to confer with the Grievance Committee prior to or at the meeting at which the recommendation is made.

b. The grievant shall be notified of the Grievance CommitteeÕs decision before the Executive Board considers the recommendation.

c. The Grievance Committee shall make its decision based upon objective criteria set forth below.

d. The Grievance Committee shall submit its recommendation in writing to the Executive Board.

e. Should the Grievance Committee recommend that a given grievance not be submitted to arbitration, the grievant shall have the right to appeal, in writing, the Grievance CommitteeÕs recommendation to the Executive Board. The grievant shall also have the right to present his/her case before the Executive Board.

f. The decision of the Executive Board shall be final and binding.

2. Criteria to consider when deciding to arbitrate.

a. Does the Association have credible evidence and arguments to support its position?

b. Is the grievance meritorious?

c. Is there a reasonable chance of winning the case?

d. Is the cost worth the economic and political gains sought?

e. Is it incidental or precedential?

f. Does the Association have the resources to see it through?

g. Are serious organizational considerations involved?

h. Will the grievance achieve the goal sought?

i. Will a victory deter the employer from similar adverse actions in the future?

j. Have all procedural steps been followed properly?

III. Contract Construction Committee

A. Purpose and Goal

1. To prepare for negotiations of a new three-year contract

2. To gather representative groups to formulate the sunshine proposal

3. To make sure that FUDTA represents all Unit Members in the group

B. Standing Rules

1. The committee shall meet as needed.

2. A quorum is a majority of committee members.

3. The Chairperson of the Contract Construction Committee shall be appointed by the President, subject to the approval of the Executive Board and the Representative Council.

4. Other members of the Contract Construction Committee shall be appointed by the President with the advice and consent of the Executive Board. Every effort shall be made to ensure representation of the different levels and groups within the Association.

5. Votes are taken in the manner described in RobertÕs Rules of Order.

6. Minutes are taken in the form of informal notes that are used to record the wants and needs of the representative groups.

7. All committee members with voting rights on the committee shall be Active members of the Association.

8. Removal of committee members shall be accomplished by the President, when necessary, at the direction of the Executive Board.

C. Operating Procedures

1. The Bargaining Team convenes and organizes to meet with the Contract Construction Committee. Each of the groups that FUDTA represents is asked to attend this meeting. Usually, these groups come to the meeting with a Òwish listÓ or a sunshine proposal to be presented to the District. From these groups, sunshine proposals will be developed and bargained and become the course in which the Bargaining Team proceeds for the new contract.

IV. BARGAINING TEAM

A. Purpose and Goal

1. To improve, enhance, and strengthen the contract negotiated between the Association and the District

B. Standing Rules

1. The committee meets as often as is necessary.

2. A quorum is defined by the committee Chairperson and agreed upon by the committee at its first meeting.

3. The committee Chairperson calls the initial meeting of the committee. During the initial meeting, committee members will choose what roles to play depending on the bargaining style employed. Assistance will be provided by the Executive Director, and by CSO staff provided by CTA.

4. Votes are taken in the manner described in RobertÕs Rules of Order.

5. The Recorder shall keep minutes of each caucus and bargaining session.

6. All committee members with voting rights on the committee shall be Active members of the Association.

7. Removal of committee members shall be accomplished by the President, when necessary, at the direction of the Executive Board.

C. Operating Procedures

1. The committee maintains channels of communication between the Executive Board, the Representative Council, and the Membership.

2. The committee takes direction from the Executive Board.

3. The committee writes language to protect unit members, improve salaries, improve working conditions, and negotiates with the District for these and other issues of mutual interest.

4. The committee shall be responsible for membership surveys and the writing of the initial proposals.

V. POLITICAL ACTION COMMITTEE

A. Purpose and Goal

1. To support positions on candidates and/or issues recommended by NEA/CTA/FUDTA

B. Standing Rules

1. The committee will meet as needed during the most Active time of the campaign season.

2. A quorum is a majority number of committee members.

3. The Chairperson is responsible for running the meetings.

4. All other assignments are decided upon at the first meeting.

5. Training and in-service are provided as needed.

6. Votes are taken in the manner described in RobertÕs Rules of Order.

7. The Chairperson shall determine the manner in which minutes are recorded.

8. All committee members with voting rights on the committee shall be Active members of the Association.

9. Removal of committee members shall be accomplished by the President, when necessary, at the direction of the Executive Board.

C. Operating Procedures

1. The committee plans campaigns for or against issues or candidates. These campaigns may be internal (aimed at our own members) and/or external (aimed at the general public).

VI. SICK LEAVE BANK

A. Purpose and Goals

1. To implement the FUDTA Sick Leave Bank Policy, which governs the administration of the Sick Leave Bank, established pursuant to Article 8.17 of the FUDTA/FUSD Collective Bargaining Agreement

2. The committee shall be responsible for screening and approving requests for use of sick leave from the bank

B. Standing Rules

1. The committee shall meet to review and approve requests for Sick Leave Bank days on the fourth Thursday of every month of the school year.

2. A quorum is a majority number of committee members.

3. The FUDTA President appoints the committee.

4. The committee will consist of three to five members.

5. A Chairperson will be selected by the committee and will assist in assigning other roles as may be needed for the committee to function.

6. The names of the committee members shall be kept confidential.

7. Votes are taken in a manner described in RobertÕs Rules of Order.

8. To maintain confidentiality, all records will be assigned a case number, and all that comes out of the committee is a recommendation identified only by the case number.

9. All committee members with voting rights on the committee shall be Active members of the Association.

10. Removal of committee members shall be accomplished by the President, when necessary, at the direction of the Executive Board.

C. Operating Procedures

1. Refer to FUDTA Sick Leave Bank Policy for the operating procedures.

VII. EQUITY/HUMAN RIGHTS COMMITTEE

A. Purpose and Goal

1. To monitor issues dealing with Human Rights and equity as it applies to the school setting

2. To inform unit members about activities that focus on these issues

B. Standing Rules

1. The committee will meet at least four times a year.

2. A quorum is a majority of committee members.

3. The Chairperson shall call an initial meeting and assist members in determining what positions are needed, if any.

4. Votes are taken in the manner described in RobertÕs Rules of Order.

5. The Chairperson shall determine the manner in which minutes are recorded.

6. All committee members with voting rights on the committee shall be Active members of the Association.

7. Removal of committee members shall be accomplished by the President, when necessary, at the direction of the Executive Board.

C. Operating Procedures

1. Priorities for the year are established during the initial meeting.

VIII. INSTRUCTION AND PROFESSIONAL DEVELOPMENT COMMITTEE

A. Purpose and Goal

1. To establish and maintain a program of Instruction and Professional Development for the Association

B. Standing Rules

1. The committee will meet as often as necessary to maintain the goals of the Association.

2. A quorum is a majority number of committee members.

3. The Chairperson shall call an initial meeting and assist members in determining what roles to play, if any.

4. Votes are taken in the manner described in RobertÕs Rules of Order.

5. Chairperson shall determine the manner in which minutes are recorded.

6. All committee members with voting rights on the committee shall be Active members of the Association.

7. Removal of committee members shall be accomplished by the President, when necessary, at the direction of the Executive Board.

C. Operating Procedures

1. Procedures for the year will be established during the initial meeting of the committee.

IX. GREAT PUBLIC SCHOOLS

A. Purpose and Goal

1. To inform our members about NEAÕs position on political issues, to encourage members to help elect education friendly candidates, and to encourage members to support NEA Fund for Children and Public Education.

B. Standing Rules

1. Committee will meet as often as necessary to maintain the goals of the Association.

2. A quorum is a majority of committee members.

3. The Chairperson shall call an initial meeting and assist members in determining what positions are needed, if any.

4. Votes are taken in the manner described in RobertÕs Rules of Order.

5. Chairperson shall determine the manner in which minutes are recorded.

6. All committee members with voting rights on the committee shall be Active members of the Association.

7. Removal of committee members shall be accomplished by the President, when necessary, at the direction of the Executive Board.

C. Operating Procedures

1. Procedures for the year will be established during the initial meeting of the committee.

X. ALCOSTA WHO COMMITTEE

A. Purpose and Goals

1. To act in a manner consistent with a nominating committee

2. Recommend to the Executive Board a FUDTA/CTA/NEA Unit Member who meets the criteria for recognition by the Alcosta Service Center Council

3. This is an ad-hoc committee.

B. Standing Rules

1. The five-member committee will be appointed by the FUDTA President. The make-up of the committee may include, but not be limited to, former FUDTA WHO Award recipients, current Active members of the FUDTA Executive Board, and current Active members of the FUDTA Representative Council.

2. A quorum is a majority of committee members.

3. The Chairperson shall call an initial meeting and assist members in determining what positions are needed, if any.

4. Votes are taken in the manner described in RobertÕs Rules of Order.

5. The Chairperson shall determine the manner in which minutes are recorded.

6. All committee members with voting rights on the committee shall be Active members of the Association.

7. Removal of committee members shall be accomplished by the President, when necessary, at the direction of the Executive Board.

C. Operating Procedures

1. All unit members will be notified of an opportunity to nominate a candidate by receiving a nomination form. The nomination form will list the criteria for selection and all appropriate timelines. Only nominations received on the official form will be considered.

2. The committee will review all current nomination forms and determine a preliminary selection based on length and depth of service to the Association. The committee will further review nominations from previous years and consider only those who are currently nominated.

3. Once a selection has been made, all other nominees meeting the criteria listed above will be kept in a file for future use.

4. The Chair will make a recommendation to the Executive Board.

XI. AMENDMENT TO THE STANDING RULES

A. The Executive Board shall have final authority for approving amendments to the Standing Rules.

B. By a majority vote, the Executive Board may propose, or the Representative Council may direct, an amendment to the Standing Rules at any meeting.

C. The proposed or directed amendment shall be subject to adoption by a majority vote of the Executive Board at any meeting thereafter.

Fremont Unified District Teachers Association

Bylaws

• Download Bylaws in printable PDF format.

GUIDELINES FOR DEVELOPMENT OF

BYLAWS

Fremont Unified District Teachers Association/CTA/NEA

I. NAME AND LOCATION

The name of this Association shall be the Fremont Unified District Teachers Association/CTA/NEA in Alameda County.

II. PURPOSES

The primary purposes of this Association shall be:

A. To represent its members in their relations with their employer, and to seek to be the exclusive representative of appropriate units of school employees in all matters relating to employment conditions and employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment;

B. To form a representative body capable of developing group opinion on professional matters to speak with authority for unit members

C. To provide an opportunity for continuous study and action on problems of the profession;

D. To provide a means of representation for its ethnic-minority members;

E. To promote professional attitudes and ethical conduct among members;

F. To encourage cooperation and communication between the profession and the community; and

G. To foster good fellowship among members.

III. AFFILIATION WITH THE CTA/NEA

A. The Fremont Unified District Teachers Association shall be a chartered chapter of the California Teachers Association (CTA).

B. The Fremont Unified Teachers Association shall be an affiliated local association of the National Education Association (NEA).

IV. MEMBERSHIP

A. Categories of Membership. There shall be two categories of membership in the Association: Active and Associate.

1. Active membership shall be open to any person who is engaged in or who is on limited leave of absence from professional educational work, is an employee of Fremont Unified School District(s), and whose primary assignment is such as not to hold supervisory responsibility over other certificated employees to such an extent as not to be represented in the negotiations process by the FUDTA bargaining unit.

a. Membership may be granted upon initiation of payroll deduction or upon payment of annual FUDTA/CTA/NEA dues appropriate to the class of membership.

b. The right to vote and to hold elective office or appointive position within the Association shall be limited to Active members.

c. Active members shall be eligible to vote in all elections, hold elective office or appointive position, receive special services, obtain assistance in the protection of professional and civil rights, and receive reports and publications of the Association.

d. An individual who is serving as a negotiator for a public school employer shall not be eligible for membership in the Association.

e. Active members shall adhere to The Code of Ethics of the Education Profession.

f. The rights to and privileges of membership shall not be abridged in any way because of age, sex, race, color, ethnic group, marital status, national origin, or sexual orientation.

g. No member of the Association may be disciplined without a due process hearing which shall include the established appellate procedure.

h. The membership year shall be that period of time from September 1 of any given calendar year through August 31 of the following calendar year, inclusive.

2. Associate membership shall be open to any person who is interested in advancing the cause of public education but who is not eligible for any other class of membership in the Association. Persons whose eligibility for Active membership has been withdrawn because of holding a non-bargaining unit position may be enrolled as Associate members in accordance with policies adopted by the Representative Council. Rights and privileges in such cases shall be limited to continuance in economic benefits and insurance programs previously held as Active members.

V. DUES, FEES, ASSESSMENTS, AND CHAPTER FINANCES

A. The basic annual dues level for Active members, and representation fee for non-members represented in the bargaining unit, shall be sufficient to cover the operating expenses of the Association, the dues of CTA, and the dues of NEA.

B. The AssociationÕs portion of the basic annual dues, and the representation fee for non-members, shall be established by action of the Representative Council at the last regular meeting of the school year.

C. The chapter (local) shall apportion any negotiated representation fee or organizational security fee on the same percentage basis as the FUDTA/CTA/NEA dues.

D. Membership in a given class or category shall be continuous after initial enrollment until delinquent or until a change in professional status shall make the member ineligible for that class or category. If, by October 31 of any calendar year, a member has not either paid the established annual membership dues for the current membership year, or made satisfactory arrangements for payment, then that personÕs membership shall be considered delinquent and the name dropped from the rolls.

E. Annual membership dues may be paid in cash or by payroll deduction.

F. Special assessments fees beyond normal annual dues may be levied in the event of an emergency by two-thirds (2/3) vote of the Representative Council at its next Rep Council meeting

G. Contributions may be accepted for the general budget by action of the Executive Board. Donations of materials or property may also be accepted by similar action. Where conditions as to use are attached to a contribution or donation, the Representative Council shall set policies whereby such contributions or donations may be accepted.

H. The Fiscal year shall be that period of time from September 1 of any given calendar year through August 31 of the following calendar year, inclusive.

I. The Preliminary Annual Budget shall be submitted to the Representative Council by action of the Executive Board at the first regular meeting in May, and shall include the recommended dues level needed to fund the budget. A copy of the proposed budget shall be given to each Faculty Representative at that time. Final refinement and adoption shall be the responsibility of the Representative Council at the time of the Annual meeting. Changes between categories, need to exceed five (5) percent of the total budget, may be made during the fiscal year by action of the Executive Board; changes in excess of this percentage shall be made only with the approval of the Representative Council.

J. The Executive Board shall not incur indebtedness where the payments for same exceeds the amount provided in the budget for that purpose without prior approval of the Representative Council.

VI. POLICY-MAKING BODY

A. The policy-making body of the Association shall be a Representative Council. The Representative Council, comprised of members of the Association, derives its powers from and shall be responsible to the membership.

B. The Representative Council shall be composed of the following Active members:

1. Executive Board, ex-officio;

2. Faculty Representatives elected on the basis of one-person one-vote;

3. Special Units: Active members who work on more than one campus shall declare by October 1 of each school year the Local Faculty Unit that shall represent them. Active members, such as, but not limited to Nurses, Librarians, Speech Therapists, Psychologists, and Substitute Teachers who are not represented through an individual school Faculty Unit shall be counted as Special Units. Representative Council shall determine the composition and appropriateness of the Special Units. Units wishing to be considered a Special Unit must petition Representative Council. An Active member can be represented by only one Faculty Unit. When a special unit representation is at 15 or major fraction thereof, then representation to the Representative Council may exceed one (1) but no more than two (2).

4. The following additional representatives:

a. Elected Service Center Council Representative(s), when not already serving on the Representative Council in another capacity;

b. Committee Chairpersons, ex-officio non-voting;

c. CTA State Council Representatives, if any;

d. Any members of the Association who hold CTA/NEA offices or committee appointments, ex-officio non-voting; and

e. The ALCOSTA Minority-At-Large whenever a FUDTA unit member holds the position.

C. The Representative Council shall:

1. Establish Association policies and objectives;

2. Adopt the annual budget of the Association on or before the first meeting of the school year;

3. Approve the establishment or discontinuance of committees recommended by the Executive Board; and

4. Establish the dues of the Association.

D. The Representative Council shall meet at least once during each school month; the number, place and time of meetings to be decided by the Executive Board.

E. Special meetings of the Representative Council may be called by the President, the Executive Board, or by the petition of twenty percent (20%) of the membership.

F. Special meetings of the Representative Council shall be called for a specific purpose and no business other than that for which the meeting is called may be transacted.

G. Notices and agendas for all meetings of the Representative Council shall be sent to all members of the Representative Council at least two days prior to the date of the meeting.

H. For emergency meetings of the Representative Council during crisis situations, the Executive Board shall adopt procedures to notify representatives of meeting dates, places, and times.

I. A quorum shall consist of the majority of the total number of the Representative Council members who have registered at the meeting as in attendance as determined by the Chair.

J. Members of the Representative Council shall serve a term of 1 year. (EXCEPT FOR THE CTA STATE COUNCIL REPRESENTATIVES WHOSE TERMS ARE SET BY CTA AND EXECUTIVE BOARD MEMBERS WHOSE TERM IS DEFINED BY BYLAWS)

K. Any Active member shall be entitled to be a non-voting member of the Representative Council.

L. The Representative Council shall have the authority to adopt and change its own agenda. A preliminary agenda shall be prepared and submitted by the President.

M. The Representative Council shall have the authority to handle all business property placed before it in its capacity to act for the membership as the policy-making body. A delay until the next regular or special meeting in the handling of an item of business shall occur by its declaration to be a Major Policy. Such delay shall be for the purpose of permitting the polling of Local Faculty Units by the Faculty Representatives. Major Policy may be declared by either of the methods: a majority vote of the Representative Council; or a ruling from the chair at the time an item is being considered, however, that such a ruling may immediately be overturned by a two-thirds (2/3) vote of the Representative Council.

VII. FACULTY REPRESENTATIVES

A. Faculty representatives shall be elected by and from the Active membership for each faculty group. Such election shall be by open nominations and by secret ballot.

B. Each faculty shall be entitled to at least one representative and shall have one representative for each 15 Association members on the faculty, or major fraction thereof. Allocation of Faculty Representatives shall be established by the Executive Board based on a membership consensus of each Faculty Unit as of January 1 of each calendar year. Once made each year, such apportionment shall remain in effect until the following December 31 unless as appeal for change based on extenuating circumstances is approved by the Representative Council.

C. Active members who are not represented through an individual school faculty group shall be counted as a Special Unit entitled to the same representation on the Representative Council as individual school faculty groups.

D. Vacancies: Vacancies in the office of Faculty Representative for whatever cause may be filled by properly elected replacements.

E. Faculty Representatives shall:

1. Conduct constant and ongoing liaison between the Representative Council and the Active members of the faculty unit;

2. Serve as the official channel through which written communications and publications can be easily and quickly transmitted between the Association and the Active members;

3. Represent the views and input of the Active membership of the faculty in votes taken in the Representative Council, conducting frequent and regular polls of such membership for this purpose; and

4. Perform such additional duties as prescribed by the Executive Board.

F. Faculty Representatives may not conduct an election in which he/she is a candidate.

G. Alternate Faculty Representatives shall be elected by and from the Active members of each Unit to serve in the event of absence or incapacity of the regular Representative for any reason.

VIII. OFFICERS

A. The Principal shall be President, First and Second Vice-President, Secretary, Treasurer, Attendance Area Representatives, and CTA State Council Representatives. The ALCOSTA Minority-At-Large State Council Representative shall be a member of the Board whenever a FUDTA unit member holds the position.

B. These officers shall be and remain currently paid-up local, state, and national (Active) members as a condition for nomination to and service in their respective positions during their terms of office. No Principal Officer shall hold more than one position on the Executive Board at a time except that the Chapter President may serve as a representative to State Council.

C. No person shall serve as an officer continuously in excess of two (2) full terms, after which at least one full term must elapse before again being eligible to serve in that office, with the exception of State Council Representatives, who may serve three (3) full three-year terms. Time served in an office in an interim capacity shall not count against the term limits.

D. These officers shall be elected by and from the Active membership of the Association. Such election shall be by open nominations and secret ballot.

E. Officers shall be elected for a term of 2 years, commencing on the 27^th day of June.

F. A vacancy shall be deemed to exist in the case of death, resignation, or inability to serve in any of the offices of the Association. If there is a vacancy occurring in the office of the President, the Vice-President shall assume the office. In the event a vacancy occurs in the other offices, a special election shall be held to elect successors to fill the unexpired terms.

G. The President shall be the chief executive officer of the Association and its policy leader. The President shall:

1. Preside at all meetings of the Association, the Representative Council, and Executive Board;

2. Prepare the agenda for the meetings of the Association, the Representative Council, and the Executive Board;

3. Be the official spokesperson for the Association;

4. Be familiar with the governance documents of the Association, CTA, and NEA;

5. Appoint all chairpersons and members of committees, and of the bargaining team, with the approval of the Executive Board;

6. Call meetings of the Association and the Executive Board;

7. Suggest policies, plans, and activities for the Association and be held responsible for the progress and work of the Association;

8. Attend meetings of the Service Center Council of which the Association is a part;.

9. Attend other CTA/NEA meetings as directed by the Representative Council;

10. Serve as ex-officio member of all committees;

11. Serve as a delegate to the NEA/RA;

12. Be responsible for the formation and distribution of the AssociationÕs calendar of activities;

13. Keep accurate rosters of all committees; and

14. Carry on the correspondence pertaining to the affairs of the Association.

H. The First Vice-President shall:

1. Serve as assistant to the President in all duties of the President;

2. Assume the duties of the President in the absence of the President;

3. Serve as coordinator of committee activities at the direction of the President;

4. Ex-officio member of all committees; and

5. Shall function as coordinator of Membership.

I. The Second Vice-President shall:

1. Serve as coordinator of communications; and

2. Serve in any other capacity as delegated by the President.

J. The Secretary shall:

1. Keep a careful and accurate record of the proceedings of each meeting, regular or special, of the Association, Representative Council, and the Executive Board; and

2. Be responsible for the distribution of minutes, notice of meetings, and agendas for all meetings to members of the Representative Council and Executive Board; and to the membership when appropriate.

K. The Treasurer shall:

1. Receive all funds belonging to the Association and be responsible for their safekeeping and accounting;

2. Pay out such funds upon orders of the President;

3. Prepare a written financial report for each regular meeting of the Representative Council and Executive Board;

4. Be responsible for an annual audit of the books of the Association and distributing a summary of this audit to the membership by June 25;

5. Submit membership and financial reports to CTA, NEA, and other agencies as required by law; and

6. Prepare the preliminary budget for consideration by the Executive Board.

L. The Attendance Area Representative shall:

1. Act as the liaison and communication link between the Executive Board and the Faculty Representatives;

2. Be members in the area they represent at the time of their election; and

3. Be elected by membership vote at-large.

4. Mission and Irvington Attendance Areas shall be elected in the odd-numbered years and Kennedy, Washington, and American in the even-numbered years.

M. The State Council Delegate shall:

1. Perform analogous duties to and from the state organization similar to those duties assigned to Faculty representatives to be performed to and from the Association.

2. Alternates shall be selected in order of their runner-up position in the General Election. Should the positions not be filled, a Special Election will be held.

IX. EXECUTIVE BOARD

A. The Executive Board shall be composed of the officers and 5 members elected at large from the membership to serve as Attendance Area Representatives, as long as this complies with the Òone-person-one-voteÓ rule.

B. All members of the Executive Board shall be and remain currently paid-up local, state, and national (Active) members as a condition for nomination to and service in these positions.

C. The at-large members of the Executive Board shall be elected with open nominations and by secret ballot.

D. The at-large members of the Executive Board shall be elected for a term of 2 years, commencing on the 27^th of June.

E. Vacancies in the position of at-large members of the Executive Board shall be deemed to exist in the case of death, resignation, or inability to serve in these positions. If there is a vacancy occurring in a position, a special election to fill the vacancy shall be held within thirty days.

F. The Executive Board shall meet before each regular meeting of the Representative Council and at such other times as the President may deem necessary, or upon written petition of a majority of the members of the Executive Board.

G. The duties of the Executive Board shall be to:

1. Coordinate the activities of the Association;

2. Act for the Representative Council when school is not in session;

3. Direct the bargaining activities and grievance processing of the Association, subject to policies set by the Representative Council;

4. Approve appointment and removal of bargaining team members;

5. Recommend a budget for the Association to the Representative Council;

6. Approve Committee appointments,including chairperson;

7. Adopt the Standing Rules for the Association;

8. Exercise all the business and organizational powers and duties for the Association as prescribed by law and these bylaws, subject to any restrictions that may be imposed by the Representative Council;. and

9. Direct the grievance activities of the association.

H. A quorum for all meetings of the Executive Board shall consist of a majority of the elected members of that body.

X. MEETINGS OF THE GENERAL MEMBERSHIP

A. Meetings of the Association may be called by the President, the Executive Board, or by written petition of twenty percent (20%) of the membership.

B. Notices of the Association meetings including date, place, time, and purpose of the meeting shall be made available to all members of the Association at least two days before the meeting except during crisis situations.

C. For emergency meetings during crisis situations, the Executive Board shall adopt procedures to notify the Association membership of meeting dates, places and times.

D. A quorum for meetings of the Association shall be 33% of the active membership or of the members present as determined by the chair.

XI. BARGAINING TEAM

A. The Bargaining Team and such alternates as the Executive Board deems necessary shall be appointed by the President and approved by the Executive Board.

B. The President shall appoint all members and the chairperson of the Bargaining Team with the concurrence of the Executive Board and Representative Council.

C. Vacancies created by resignation or inability to serve shall be filled by the Executive Board from the list of alternates.

D. The Executive Board, by two-thirds (2/3) majority, may remove a member of the Bargaining Team.

E. The duties of the Bargaining Team are to represent and to bargain for the bargaining unit(s).

F. Responsibility and authority for directing the bargaining process on behalf of the Association are vested in the Executive Board subject to policies established by the membership.

G. Employees in each appropriate bargaining unit shall be surveyed by the Bargaining Team and/or Contract Construction Committee to determine contents of the proposed contract demands, and the contract proposal for each appropriate unit shall be approved by Association members in that unit.

H. The Bargaining Chair is responsible for reporting activities to the Executive Board and for maintaining complete and accurate records of all matters related to bargaining. Said records are the property of the Association and a copy of the records shall be kept at the Teachers Association office at all times. Within thirty (30) days of the signing of the contract, all bargaining records and related materials shall be properly and permanently filed in the Association office.

I. The Executive Board shall provide for the dissemination of information regarding bargaining and the activities of the Bargaining Team to the general membership.

J. Agreements reached between the Bargaining Team and the school board or its representatives shall be tentative and not binding upon the Association until such agreements have been ratified by the bargaining unit.

K. Upon reaching a Tentative Agreement with the Fremont Unified School District, the AssociationÕs Bargaining Team shall submit the proposal to the Executive Board for approval. It will then be sent to the Representative Council for review and recommendation. After this review the Tentative Agreement will be sent to the bargaining unit for a vote by secret ballot.

XII. GRIEVANCE PROCESSING

A. The Executive Board shall adopt, with the approval of the Representative Council, the procedures for grievance processing.

B. These procedures shall include, but not be limited to, the following:

1. Provide for representation to assist all members of the bargaining unit(s) in processing grievances;

2. Training for handling grievances; and

3. Evaluation of the AssociationÕs grievance policies and procedures.

XIII. NOMINATIONS AND ELECTIONS

A. The chapter president must provide active members an opportunity to vote in all elections. Chapter presidents do not have the option of deciding that such elections shall not be held.

B. There shall be an appointed Elections Committee.

C. Elections shall be conducted with:

1. Open nomination procedure;

2. Secret ballot;

3. All member vote; and

4. Record of voters receiving or casting ballots.

5. Plurality vote unless otherwise specified.

D. State Council Representative elections shall be conducted in accordance with CTA guidelines after the Chapter or Service Center Council has been notified to do so by the CTA Elections Committee.

E. NEA State Delegate elections shall be conducted in accordance with CTA guidelines.

F. NEA Local Delegate elections shall be conducted in accordance with NEA/CTA guidelines.

G. For additional CTA/NEA election guidelines refer to the official CTA Elections Manual.

H. The duties of the Elections Committee shall be to:

1. Ensure that all FUDTA/CTA/NEA election codes and timelines are followed;

2. Establish election timelines;

3. Develop and carry out timelines and procedures;

4. Prepare ballots for election of officers and such other elections as may be necessary;

5. Count the ballots and certify the results; and

6. Handle initial challenges.

XIV. COMMITTEES

A. Committees, except as otherwise provided in these bylaws, may be established and discontinued by the Executive Board, subject to approval by the Representative Council.

B. Each committee shall keep a written record of their deliberations and recommendations and submit periodic reports to the Executive Board and Representative Council.

XV. GOVERNANCE DOCUMENTS

A. All types of classes of governance shall be conducted in accordance with the Governance Documents. These shall be as follows, in the order of their rank and precedence:

1. ARTICLES OF INCORPORATION. This shall be the lawfully constituted authority for the structure and existence of the Association as a legal entity. Custody over this document is reserved by the active membership to itself.

2. BYLAWS. The Bylaws shall be the blueprint for the representative policy-making machinery and the related organizational structure of the Association. Custody over the Bylaws is delegated to the Representative Council except as may otherwise be directed by the Active membership.

3. POLICIES, PROCEDURES AND STANDING RULES. The Standing Rules shall a written means by which the daily organizational business of the Association is accomplished. They also may be used where appropriate to implement the Bylaws and those policies of the Representative Council to which they can be applied. Establishment and custody over the Standing Rules is delegated to the Executive Board except as may otherwise be directed by the Representative Council.

B. Parliamentary Authority: Where not otherwise prescribed within the Governance Document, the latest edition of ÒRobertÕs Rules of OrderÓ shall be prescribed authority for the conduct of the meetings of all Governance Bodies.

C. Availability of Governance Documents and Record of Proceedings: Copies of the Governance Documents and Record of Proceedings (Minutes) of the Governance Bodies shall be readily available to members at the organizationÕs principal office of business.

XVI. AMENDMENTS/PROCEDURES:

A. Amendments of the Bylaws: The Representative Council and/or the Active membership shall have final ratification authority for amendments to these Bylaws in accordance with the following procedure:

1. Proposal. By majority vote, the Executive Board or the Representative Council may propose an amendment to these Bylaws during any meeting.

2. Notice. At least seven (7) days notice to the Active membership shall be required prior to final consideration of the proposed amendments of the Representative Council.

3. Adoption. The proposed amendment shall be debated, and by majority vote be amended in any manner which does not increase its scope or impact prior to final vote in the Representative Council. The Council may, by majority vote, refer amendments to a Referendum General Election for final decision by Active membership whenever such amendments are deemed to be substantial in nature. If acted upon directly by the Representative Council, at least two-thirds (2/3) of those voting at a valid meeting shall be required for ratification of the amendment. The effective date shall be the date of the ratification, unless a later date is specified at the time of such ratification.