Constitution and Bylaws

Constitution and Bylaws of the United Faculty of Evergreen
(as approved by the founding convention 2/1/08; and updated at the Spring 2012 Membership Meeting)


Organizational Structure Overview:

The United Faculty of Evergreen (UFE) is operated according to: 1) its article of incorporation; 2) its constitution; 3) its bylaws; and 4) its standing rules (made by committees or other bodies).

The constitution can be changed only by 2/3 of the votes cast of the members of the UFE, and only after due notice. The bylaws can be changed by a majority vote of the members of the UFE, and only after due notice. The standing rules can be changed by a majority vote of the bodies that created them.

The governing bodies of the UFE are: 1) its membership; 2) its Stewards’ Council; and 3) its Coordinating Committee (consisting of the officers and at-large representatives).

The membership of the UFE has the final say on union issues and will participate regularly in elections of officers, approval of union business, approval of contracts and activities related to bargaining, and the review of union matters.

The Stewards’ Council is responsible for communication with and soliciting opinions from the faculty (all those in the UFE bargaining unit). It is in charge of approving union policies and actions, and nominating committees as needed. The Stewards’ Council is expected to actively work on union rules and policy, especially through its committees.

The Coordinating Committee of the UFE carries out the policy and actions of the union, in accordance with the decisions of the Stewards’ Council and the membership. The Coordinating Committee is expected to propose policies and actions to the Stewards’ Council and to nominate committees as needed.

Standing committees of UFE are expected to include (but are not limited to) a Bargaining Committee, a Grievance Committee, and a Nominations and Elections Committee.


Table of Contents

Constitution:

Article I – Name and incorporation.
Article II – Purpose.
Article III – Affiliation.
Article IV – Membership.
Article V – Dues, fees, and assessments.
Article VI – Officers.
Article VII – Stewards’ Council
Article VIII – Coordinating Committee
Article IX – Policy Authority
Article X – Parliamentary Authority
Article XI – Amendments
Article XII – Non-Discrimination

Bylaws:

Article I – Constitution
Article II – Dues, Fees, and Assessments
Article III – Meetings
Article IV – Duties of Officers
Article V – Duties of the Stewards’ Council
Article VI – Duties of the Coordinating Committee
Article VII – At Large Representatives on the Coordinating Committee
Article VIII – Elections
Article IX – Committees
Article X – Membership and Fiscal Year
Article XI – Ratification of Agreements
Article XII – Quorum
Article XIII – Amendments

CONSTITUTION

Article I—Name and Incorporation

Section 1. The name of this organization shall be the United Faculty of Evergreen, hereafter referred to as UFE.

Section 2. UFE shall be incorporated as a nonprofit corporation under the laws of the State of Washington.

Article II—Purpose

The purpose of the UFE shall be: 1) to represent all eligible faculty members in bargaining, grievances, and in all matters relating to terms and conditions of employment with The Evergreen State College; 2) to protect and enhance Evergreen’s unique traditions that have earned it prominence among the nation’s public colleges and liberal arts colleges: innovation, interdisciplinary teaching and learning, collegiality and egalitarianism; 3) to encourage mutual understanding and cooperation among the union members; 4) to engage in legislative, political, civic, welfare and other actions which further the interests of the membership, of public education, and the labor movement; and 5) to bring about a world where justice and equality are a reality, not just empty words.

Article III—Affiliation

The UFE shall affiliate with United Faculty of Washington State (hereinafter UFWS): Washington Education Association; National Education Association; AFT Washington; American Federation of Teachers, the American Federation of Labor/Congress of Industrial Organizations and the Washington State Labor Council

Article IV—Membership

Section 1. All members of the faculty, with the exception of those who teach summer quarter only, may, upon payment of dues as herein provided, become members of the UFE with full rights and privileges of membership.

Section 2. Active members of the UFE shall also be members of the UFWS.

Section 3. Except for nonpayment of dues and assessments, no member shall be fined, censured, suspended, expelled, or otherwise disciplined.

Section 4. All members of the UFE shall have equal rights and privileges within the UFE, including:

a. nominating candidates,
b. petitioning UFE,
c. participating in membership meetings,
d. voting in elections, referenda, resolutions and petitions of the UFE.

All members except those acting as deans may also:
e. vote on contract ratification,
f. hold office, and
g. be represented by the union, individually and/or collectively.

Section 5. Members shall retain their membership rights when on paid or unpaid leave from teaching.

Section 6. Non-teaching retirees may continue to retain membership rights upon payment of retiree dues of $50 per year.
Article V—Dues, Fees, and Assessments

Section 1. UFE members shall pay dues or fees as established in the Bylaws. The dues shall be payable within sixty (60) days of September 1 or date of employment, or through payroll deductions.

Section 2. The UFE may levy special assessments on its membership as provided in the Bylaws, provided that there are specified termination dates for such assessments and provided that such assessments shall be approved by two-thirds (2/3) of the members who vote on the proposal to levy the special assessment.

Section 3. Increases in fees by affiliate organizations may automatically increase dues proportionally.

Article VI—Officers

Section 1. The officers of the UFE shall consist of a Chair, Vice-Chair, Communications Coordinator, Treasurer, and Steward Coordinator.

Section 2. Nominations of officers shall be closed at the April/May meeting following notice to all members and an open period for nominations. Specific requirements concerning this notice and this open period shall be contained in the Bylaws. The election shall be held not less than five (5) nor more than fifteen (15) days after nominations have been closed.

Section 3. The term of office for officers shall be two (2) years, beginning June 1. Terms of officers shall be limited to three (3) consecutive terms.

Section 4. Terms of office for at-large representatives to the Coordinating Committee shall be two (2) years and commence on June 1.

Section 5. In the event of vacancy in the office of Chair, the Vice-Chair shall become Chair for the balance of the term.
Section 6. The duties of officers shall be as provided in the Bylaws.

Section 7. An elected officer may be removed from office for cause by a recall election which may be initiated by the general membership.

A general membership meeting will be scheduled prior to the recall election within thirty (30) days after receipt of a recall petition that contains the names and signatures of at least 20% of the members. Following the general membership meeting, the recall election shall be by secret ballot made available to all members in good standing.

Prior to this general membership meeting, the Coordinating Committee shall notify in writing any officer who is subject to recall.

Article VII—Stewards’ Council

Section 1. The Stewards’ Council shall be the legislative and policy making body of the UFE between meetings of the general membership.

Section 2. The Stewards’ Council shall consist of the Coordinating Committee and all Stewards.

Section 3. The term of office for Stewards’ Council members shall be two (2) years, beginning on June 1.

Section 4. Members of the Stewards’ Council shall be elected at the general membership meeting in April. Procedures for creating a slate of nominees and for entertaining nominations shall be specified in the Bylaws.

Section 5. The specific duties of the Stewards’ Council shall be provided in the Bylaws.

Section 6. Each member of the Stewards’ Council shall attend regular meetings of the Stewards’ Council. After three consecutive absences of a steward, the Chair may declare the seat unfilled and the Coordinating Committee may appoint a member to fill out the term.

Section 7. A steward shall be removed and a replacement appointed upon the recept of a petition bearing the signatures of at least twenty percent of the members in good standing.

Section 8. Any member of the UFE who is not a member of the Stewards Council may request to attend its meetings and may receive permission to speak, but may not vote.

Article VIII—Coordinating Committee

Section 1. The Coordinating Committee shall be comprised of the officers and two (2) at-large representatives.

Section 2. The Coordinating Committee shall be the body through which the general administrative and executive functions of the UFE shall be carried out.

Section 3. Officers and at-large representatives shall be elected as set forth in the Bylaws.

Section 4. The specific duties of the Coordinating Committee shall be provided in the Bylaws.

Section 5. An at-large representative may be recalled in the same manner as officers (as outlined in Article VI, Section 7).

Section 6. Except for the office of the Chair, vacancies on the Coordinating Committee shall be filled as follows: a) if six (6) months or more remain in the term, then by special election; and b) if less than six (6) months remains, then by appointment of the Coordinating Committee.

Article IX—Policy Authority

A majority vote of the membership present and voting at any duly authorized meeting or, if not conflicting with a decision by the membership, a majority of the votes cast by the Stewards’ Council shall determine the policies and actions of the UFE, except as otherwise provided in this Constitution and Bylaws.

Article X—Parliamentary Authority

The most current print edition of Roberts Rules of Order governs this organization in all parliamentary situations that are not provided for in the law or in the organization’s Charter, Constitution, Bylaws or adopted rules.

Article XI—Amendments

Proposals to amend this Constitution may be made by the Coordinating Committee or by petition of ten (10) percent of the members in good standing. Amendments to this Constitution shall require 2/3 of the votes cast by members through a secret ballot. Notice of this election and the proposed amendment(s) shall have been delivered to each member at least twenty (20) days in advance. At the discretion of the Coordinating Committee, voting may be part of an annual or special meeting or through other established election procedures. Amendments shall become effective immediately unless otherwise provided.

Article XII—Non-discrimination

The UFE shall not discriminate on the basis of race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, marital status, age, disability, pregnancy, or veteran status.

BYLAWS

Article I—Constitution

These Bylaws are subordinate to the Constitution of United Faculty of Evergreen (UFE).

Article II—Dues, Fees, and Assessments

Section 1. UFE members shall pay local and affiliate dues. Local dues shall be determined on a tiered scale based on salary levels and faculty status (full time or half time or quarter time; term, regular, or contingent). The amount of local dues and any changes to them shall be approved by the Stewards’ Council.

Section 2. Special provisions may be made for members of other locals transferring into this local during the membership year.

Section 3. The UFE may collect fees or dues as established through bargaining, and may receive services or financial assistance through its affiliations.

Article III—Meetings

Section 1. There shall be at least nine Coordinating Committee meetings per year. All Coordinating Committee meetings shall be called by the Chair with at least seven (7) days written notice or by a majority of the Coordinating Committee with at least seven (7) days written notice. Electronic written notice is an acceptable form of this communication.

Section 2. There shall be at least three (3) Stewards’ Council meetings per year.

Section 3. The Chair shall call at least two (2) meetings of the membership each year. One shall be in October with an agenda that includes adoption of the budget, and another shall be in April or May with an agenda that includes the nomination of officers and representatives. For membership meetings, all items on which a vote will be taken shall be listed on the agenda. Every effort will be made to make these meeting as accessible to all members as possible.

Section 4. Special meetings of the membership may be called by the Chair and/or the Coordinating Committee or within thirty (30) days of the receipt of a petition to the Chair signed by ten (10) percent of the members.

Section 5. All meetings of the membership, except emergency special meetings, shall be announced by a written notice to each member at least fourteen (14) days in advance of said meeting.

Section 6. The Coordinating Committee or Stewards’ Council, by a majority vote, may call an emergency meeting of any governance body at any time. Such meetings will be limited in their decisions to dealing with the announced emergency.

Section 7. The methods of participation in meetings or any particular meeting shall be set by the Coordinating Committee as long as each meeting is conducted through some reasonable means of communication, including but not limited to face-to-face discussion, telephone, email, or video conferencing, so that all committee members participating in the meeting may simultaneously communicate with one another during the meeting.

Article IV—Duties of Officers

Section 1. The Chair shall:

a. preside at all official meetings and shall perform such duties as are customarily associated with the office,

b. appoint and/or discharge all committee members with the advice and consent of the Coordinating Committee or Stewards’ Council and serve or designate someone to serve as an ex-officio (and voting) member of all committees except the Nominations and Election Committee,

c. collaboratively with the Coordinating Committee or Stewards’ Council, charge committees with their duties,

d. act as an official representative of UFE or designate another officer of the Coordinating Committee to do so, and

e. prepare and submit an annual report of the UFE activities to the October annual meeting following his/her term of office.

f. shall be authorized to sign checks, along with the treasurer.

Section 2. The Vice-Chair shall assist the Chair and shall act in the absence of the Chair.

a. maintain the membership records;

b. oversee the collection, transmittal, and disbursement of dues;

Section 3. The Communications Coordinator shall:

a. maintain the membership contact list and the steward contact list, including home and email addresses.

b. notify the appropriate members as to the time and place of the Coordinating Committee, membership, and Stewards’ Council meetings within the time limits set forth in the Constitution and Bylaws;

c. keep accurate minutes of all Coordinating Committee, membership, and Stewards’ Council meetings, distribute copies of Coordinating Committee minutes to Coordinating Committee members following meetings, distribute minutes of general membership meetings to all members within thirty (30) days following , and distribute minutes of stewards council meetings to all stewards within thirty (30) days following meetings.

d. maintain the records and files of the UFE; and

e. distribute copies of all proposed amendments to the Constitution and Bylaws.

f.  Maintain and update website.

g.  Coordinate newsletter.

Section 4. The Treasurer shall:

a. deposit all monies in a bank in the name of the UFE;

b. notify the UFE of the name of the bank in which dues are deposited;

c. hold all funds and disburse them accordingly upon the submission of vouchers approved by the Chair;

d. sign all checks along with either the Chair or Vice-Chair;

e. prepare an annual financial report which shall be distributed once each year to all members;

f. report at each membership meeting;

g. prepare the books for an audit; and

h. file the appropriate federal and state forms.

Section 5. The Chief Steward shall:

a. coordinate the activities of the Stewards

b. assist the Chair and other officers

c. coordinate and assist with membership activities.

Article V—Duties and Composition of the Stewards’ Council

Section 1. The duties of the Stewards’ Council shall consist of the following:

a. approve UFE policies and objectives,

b. establish guidelines and hear continuing reports on bargaining,

c. approve or ratify the establishment of paid positions in the UFE,

d. approve or ratify the establishment of committees not established in the Bylaws,

e. adopt rules and agenda for its meetings, and

f. enact such other measures as may be necessary to achieve the goals and objectives of the UFE which are not in conflict with this Constitution and the Bylaws.

Section 2. The duties of the Stewards shall consist of the following:

a. maintain two-way UFE communication with union members and be responsible for handling grievances or requests for assistance from members and represented faculty

b. organize and oversee the enrollment of new union members,

c. attend and participate in meetings of the Stewards’ Council, the legislative and policy making body of UFE, and

d. engage in self-education and member education on labor issues.

Section 3. There shall be at least 35 Stewards, broadly representative of the faculty across the curriculum and across campuses, locations, and teaching schedules.

Article VI—Duties of the Coordinating Committee

Section 1. Between meetings of the Stewards’ Council, the Coordinating Committee shall conduct and manage the affairs and business of the UFE, including interpretation of this Constitution and Bylaws.

Section 2. The Coordinating Committee shall see that the budget is prepared and submitted for approval at the October meeting of the membership.

Section 3. The Coordinating Committee shall implement motions and resolutions approved by the membership or Stewards’ Council and put into operation other measures consistent with the Constitution, Bylaws, purpose and policies of the UFE. It shall fix the time and place and shall make all necessary arrangements for annual and special meetings.

Section 4. With the exception of committees established by the membership or the Stewards’ Council, the Coordinating Committee shall approve the appointment and discharge of all standing and special committee members, shall approve the creation of all special committees, and shall review the activities of all committees.

Article VII—At-Large Representatives on the Coordinating Committee

Section 1. The two at-large representatives shall be elected by UFE members from among the membership, according to the provisions for elections of officers.

Section 2. A vacancy in the position of at-large representative shall be filled by a special election within thirty (30) working days.

Section 3. Term of office shall be for two (2) years and commence on June 1.

Article VIII—Elections

Section 1. The Chair, with the approval by the Coordinating Committee and Stewards’ Council, shall, in a timely manner, appoint a Nominations and Elections Committee consisting of three (3) members who shall complete a list of candidates for the UFE officers, for the Coordinating Committee Representatives, and for the Stewards’ Council. This slate lists shall be prepared for the April or May annual meeting with recommendations for the time and place of the election and an election procedure that guarantees fairness. Each nominee must be a member in good standing and give his/her consent to appear on the ballot.

Section 2. In addition to the provisions of Section 1 above, nominations from the floor shall be called for and received at the April or May annual meeting. Each nominee must be a member in good standing and give his/her consent to appear on the ballot. Following the Apr or Mayannual meeting, nominations shall be closed.

Section 3. The Coordinating Committee shall approve the time and place of elections and ensure that they are convenient for the greatest possible attendance and/or participation by all members. The election shall be by secret ballot, observing the one-person, one-vote principle.

Section 4. Elections of at-large representatives to the Coordinating Committee and of representatives to the Stewards’ Council shall take place with the elections of officers (whose timing is specified in the Constitution) or in May.

Section 5. Officers and at-large representatives to the Coordinating Committee shall be elected by a majority of the votes cast. In the event of a plurality or a tie, the Coordinating Committee shall hold a run-off election within fifteen (15) days between the two (2) candidates receiving the most votes.

Section 6. Stewards shall be elected by a plurality of the votes cast by the members in each constituency. Additional stewards may be appointed by the Coordinating Committee.

Section 7. A vacancy in the position of any officer other than the Chair or in the position of an at-large representative to the Coordinating Committee or of representatives to the Stewards’ Council shall be filled by a special election within thirty (30) working days.

Section 8. The election of affiliate delegates (see Article III of the Constitution for list of affiliates) shall follow the election procedures outlined by the affiliate. These delegates shall be elected by the membership at-large.

Article IX—Committees

Section 1. Both standing and ad hoc committees are authorized by the Bylaws. Ad hoc committees may be established by the Coordinating Committee or Stewards’ Council. Committee members shall be appointed by the Chair with the approval of the Stewards’ Council. Committee members shall serve for one year. Ad hoc committee members shall serve until their committee is dissolved by the Coordinating Committee or Stewards’ Council or until discharged by the Chair with the consent of the Coordinating Committee or Stewards’ Council.

Section 2. Standing committees may include but shall not be limited to:

a. Bargaining Team

b. Grievance Committee

c. Nominations and Elections Committee

Section 3. Each committee may establish its own standing rules for the conduct or operation of the committee, provided that the rules comply with these Bylaws.

Section 4. Minutes of the proceedings of each committee shall be filed with the Communications Coordinator of the UFE. The Communications Coordinator shall provide copies of the minutes of all committees to the committee chairpersons for the ensuing year. All committees shall report to the membership as directed by the Chair or the Coordinating Committee.

Article X—Membership and Fiscal Year

The membership and fiscal year shall be September 1 through August 31.

Article XI—Ratification of Agreements

Section 1. The Chair and the Bargaining Team shall be authorized to sign a legal, binding, yearly or multi-year agreement with the Board of Trustees or its delegated managers only after completion of the following procedure at a general membership meeting:

a. a report and recommendation by the Bargaining Team,

b. a report and recommendation by the Coordinating Committee and Stewards’ Council.

c. a written digest, and full copy on request, of the proposed agreement or changes, provided to all members in advance of the ratification meeting,

d. discussion by the membership, and

e. affirmative vote by secret ballot by a majority of those voting within the voting deadline.

Section 2. Ratification of interim agreements such as memoranda of understanding shall occur at a Stewards’ Council meeting.

Section 3. A seventy-two (72) hour written notice of the ratification meeting is required. The notice shall specify the date, time, place and purpose of the meeting.

Article XII—Quorum

Section 1. A quorum for a general membership meeting shall be twenty (20) percent of the membership;

Section 2. A quorum of the Stewards’ Council shall be one third (1/3) of the membership of the Council.

Section 3. A quorum at any duly authorized meeting of the Coordinating Committee shall be a majority of the Coordinating Committee.

Article XIII – Amendments

Proposals to amend these Bylaws may be made by the Coordinating Committee or by petition of ten (10) percent of the membership. These Bylaws shall be amended by a simple majority ballot vote of the members voting. Notice of this election and the proposed amendment(s) shall have been delivered to each member at least twenty (20) days in advance. At the discretion of the Coordinating Committee, voting may be part of an annual or special meeting or through other established election procedures. Amendments shall become effective immediately unless otherwise provided.