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CONSTITUTION of the
Hillsborough School Employees Federation
Local 4154, FEA, NEA, AFT, AFL-CIO
Revised and Approved
March 31, 2007
Official Copy
Hillsborough School Employees Federation
ARTICLE I
NAME
This organization
shall be known as the Hillsborough School Employees Federation
(HSEF) Local 4154, Florida Education Association (FEA),
National Education Association (NEA),
American Federation of Teachers (AFT), AFL-CIO, representing
all custodial, food service, maintenance, transportation and
security employees, excluding confidential employees,
supervisors and managers as defined by Chapter 447 of the
Florida Statute, employed by the School District of
Hillsborough County, Florida (HCSD).
ARTICLE II
OBJECTIVES
The purposes of this organization
shall be:
Section 1.
To secure full trade union rights for all employees
who are eligible for membership.
Section 2.
To advance the economic, social, and political well
being of the membership.
Section 3.
To promote the improvement of standards in the
employment situation of the membership and the
standards of the employer as they relate to the public
we serve.
Section 4.
To encourage mutual understanding and cooperation
among the membership.
Section 5.
To promote democracy and equality in the society at
large.
Section 6.
To advocate for higher standards of service in the
delivery of education for the children of Hillsborough
County.
Section 7.
To advance cooperation, education, understanding and
trust between the parents of the children attending
Hillsborough County schools and HSEF.
Section 8.
To participate in building a
stronger labor community.
Section 9.
To seek cooperative relationships with the employer
built on mutual respect and trust, as long as such
relationships best serve the needs of the membership.
ARTICLE
III
MEMBERSHIP
Section 1 .
There shall be three classes of membership within HSEF.
Those classes of membership shall be known as active,
inactive and retired. Only current, inactive or
retired employees as defined in Article I of this
document are eligible to be members of HSEF. No
employee that is confidential, supervisory or
managerial in nature, as defined in Article I, shall
be eligible for membership. Membership dues for each
class of membership shall be defined within the HSEF
By-Laws.
Section 2. Active members shall
be employees of HCSD and whose dues are in current
standing with HSEF (as defined in Section 5 below).
Active members shall have the right to attend all
meetings and functions of HSEF, hold elective office,
fill appointive positions as described within the HSEF
Constitution and/or By-Laws, and debate and/or
vote on issues before the general membership.
Section 3. Inactive members
shall be employees that are on approved leave of
absence from HCSD and whose dues are paid to within 60
calendar days of current standing with HSEF. Such
conditions being met, they would enjoy the rights and
privileges accorded to active members with the
following exceptions; (1) they cannot hold elective
office and (2) they cannot fill appointive positions.
Employees that wish to maintain active membership
status must be in current standing with HSEF, as
defined in Section 5 below.
Section 4 .
Retired members shall be former employees that have
formally retired from HCSD, are receiving or are
eligible to receive benefits through the Florida
Retirement System and are in current standing with
HSEF as defined in Section 5 below. Retired members
are recognized as a vital
part of the
organization and are encouraged to attend and
participate in the meetings and functions of HSEF.
However, retired members shall not be able to do the
following: (1) hold elective office, (2) fill
appointive positions or (3) vote on issues before the
general membership or other determinative bodies of
HSEF. The Local shall take the appropriate steps to
charter a retiree’s chapter, assuming sufficient
interest on the part of the retiree membership.
Section 5. Current standing
shall be defined as receipt of membership dues by the
tenth (10th) of the month for the preceding month.
Employees receiving wages from HCSD and having dues
deducted simultaneously, through payroll deduction,
shall be considered current for the purpose of this
section. Any member that is in arrears more than sixty
(60) calendar days from the tenth (10th) of each month
shall be considered suspended and their membership
privileges revoked. Upon non-payment of an arrearage
of dues for ninety-one (91) calendar days membership
will be considered cancelled and that member will be
dropped from the membership rolls. The terms current
standing and good standing are synonymous within the
context of this constitution. Notice shall be provided
to any member that fails to pay dues after the first
thirty (30) days of non-payment of the terms of
Article III, Section 5.
Section 6.
No person shall be denied membership on the basis of
sex, race, national origin, religious or political
belief, sexual orientation or socioeconomic status.
ARTICLE IV
ELECTION OF
OFFICERS
Section 1 .
The organization shall hold elections for officers for
a term of office of three (3) years to commence on
July 1st and expire on June 30th
, three (3) years later. The following officers shall
be elected by the general membership:
(a)
President
(b) First
Vice-President
(c)
Secretary
(d)
Treasurer
(e)
Vice-President At-Large
(f)
Vice-President for Collective Bargaining
(g)
Vice-President for Communications
(h)
Vice-President for Governance
(i)
Vice-President for Membership Development
(j)
Vice-President for Political Action
(k)
Vice-President for Structure Development
In the
interest of ensuring that the general classifications
(custodial, food service, maintenance, transportation
and security) have representation upon the Executive
Board of HSEF, the following procedure shall take
place should one or more classifications not be
represented as a result of general or special
elections; (1) the membership shall be notified of the
position(s) (custodial, food service, maintenance,
transportation or security) that need representation
via the next months regular newsletter following the
election, their eligibility prerequisites per Section
2 below and the requirements of office which shall, in
this case, be the same as those of the Vice-President
at Large, (2) interested and eligible members shall
submit, in writing, to the President a form indicating
their interest, (3) the President shall at a specially
called meeting of the membership, not earlier than
thirty (30) days from the date of the newsletter
notifying members of the position nor later than one
hundred twenty (120) days, cause those members that
are interested and eligible to be nominated, (4) the
membership shall then elect by secret ballot
individual(s) for the position(s) needed, (5) an
absentee ballot will only be permitted in those cases
where the member(s) is away on union related business
during the date of the vote. A majority of votes cast,
as defined in Section 6 below, shall be required to
fill a position. Unchallenged
eligible candidates shall be elected by acclamation.
Section 2. To be eligible for
office a person must (1) be a member in good standing
of the organization for a period of one year (1) prior
to the date of the election, (2) have attended fifty
percent (50%) of the general membership meetings for a
period of one year (1) prior to the date of the
election and (3) have been active in at least one (1)
committee of HSEF for a period of one year (1) prior
to the date of the election. Once a member accepts a
nomination for an office, the member cannot be
nominated again for another office.
Section 3. The Elections
Committee shall conduct all general and special
elections of the organization. No later than sixty
(60) calendar days prior to the date of the election
the Elections Committee shall notify all members, by
mail at their last known address, of the opening of
nominations for office and the process for
nominations. Any active or inactive member in good
standing can nominate an active member for elective
office.
Section 4.
The Elections Committee shall prepare notices of
election that includes the date(s), time(s) and places
of the election and cause these notices to be sent to
each members home, at their last known address, no
later than fifteen (15) calendar days prior to the
first date of the election. These notices will also
include the purpose of the election (general or
special), the position(s) vacant, the duties and
requirements of the position(s), the eligibility
prerequisites as defined in Section 2 above and the
members nominated for their respective positions.
Multiple nominees for the same office will be listed
in alphabetical order.
Section 5. General or special
elections shall be held in six (6) locations selected
by the Elections Committee. These locations must be
assigned by dividing the school district into six
regions (northeast, northwest, east, west, southeast
and southwest) and picking one (1) location in each
region to which there is major highway access.
Section 6. A majority of the
ballots cast shall determine election. In the absence
of a majority the Elections Committee shall conduct a
run-off election among the two candidates who have
received the most votes for the office in question
using the procedures specified in Sections 4 and 5,
above. The definition of majority for the purposes of
this Constitution is fifty percent (50%) plus one (1).
Section 7. Successful
candidates in a general election (regular or run-off)
shall take office on July 1st Successful candidates in
a special election (regular or run-off) shall take
office no later than thirty (30) calendar days from
the date of the conclusion of the election.
Section 8. With the exception
of the President, or in case of a recall, all
Executive Board vacancies shall be filled by the
President on an interim basis and then ratified or
rejected by the Stewards Council at its next regular
meeting following the interim appointment.
Section 9. A petition signed by
twenty-five percent (25%) of the membership and
stating specific grounds shall be sufficient to
require the Elections Committee to conduct a re-call
election of any officer specified in the petition
under the procedures in Section 6. If an officer is
recalled, the Elections Committee shall hold a special
election under the procedures in Sections 4 and 5,
above. A Time frame of two (2) months (60 days) shall
be sufficient time for the petition and the required
signatures to be presented to the Executive Board.
Section 10. General elections
shall be held within the last full week of April of
the year in which a term expires.
ARTICLE V
DUTIES OF
OFFICERS
Section 1.
The President shall:
(a) be
the presiding officer at all meetings of
the membership, the Executive Board. and the
Stewards Council,
(b) be
an ex-officio member of all standing committees
except the Elections Committee,
(c)
appoint, with the approval of the Stewards
Council, the chairs of all standing and special
committees, except where otherwise noted in the
constitution,
(d)
receive, report and respond to correspondence of
the organization,
(e) be
one of the responsible financial officers of the
organization and shall be authorized to co-sign
financial instruments and make regular and usual
disbursements of funds,
(f)
represent the organization before bodies of the
employer, executive and legislative officials,
(g)
represent the organization before the public,
community organizations, and the news media,
(h) be,
by office, a delegate to the Central Labor
Council,
(i) be,
by office, a delegate to the convention of the
American Federation of Teachers and meetings or
conventions of its affiliated subordinate
bodies,
(j) make
an annual report to the membership of the
organization,
(k) be
able to delegate the responsibilities of the
office except where otherwise specified by the
constitution,
(l) be
responsible for the ongoing administration of
the organization,
(m)
supervise all employees of the organization,
(n) make
hiring and firing decisions on HSEF employees
subject to approval by the Executive Board,
(o) work
with the treasurer to ensure accurate
maintenance of all financial records of the
organization,
(p)
arrange for an independent audit of the finances
of the organization annually and make available
same to the executive board, stewards council,
and membership, at regular meetings of those
bodies and where otherwise directed by the
executive board,
(q) file
reports required by the Internal Revenue
Service, Chapter 447 of the Florida Statutes and
other governmental bodies as required by law,
(r) any
assigned staff from the affiliates shall perform
his/her duties at the direction of the
President.
Section 2. The First
Vice-President shall:
(a) assume
the duties of the President in the event of
the absence, illness, or death of the President
For the purpose of this section, absence or
illness shall be defined as ten (10) or more
working days,
(b)
coordinate the activities of the core function
Vice-Presidents, in the absence or illness of the
President
(c)
perform other duties as delegated by the President
or assigned by the Executive Board,
(d)
co-sign financial instruments in the absence of
the President or Treasurer.
Section 3. The Secretary shall:
(a) share
responsibility with the President for the
maintenance of the non-financial files and records
of the organization,
(b) be the
custodian of the seal and charter of the
organization,
(c)
record and keep accurate minutes of meetings of
the membership, the Executive Board, and the
Stewards Council,
(d)
coordinate the work of, and receive and certify
the reports of the Elections Committee,
(e)
perform other duties as delegated by the
President, or assigned by the Executive Board,
(f)
appoint the chairperson of the Elections Committee
subject to approval by the Stewards Council.
Section 4.
The Treasurer shall:
(a)
share
responsibility with the President to
receive, record, and deposit all dues
monies and other income in the name of the
organization,
(b) oversee the maintenance of
accurate membership records, be one of the
responsible financial officers of the organization
and be authorized to co-sign financial instruments
and make regular and usual disbursements of funds,
(c) oversee the maintenance of
all financial records of the organization,
(d) ensure an audit of the
finances of the organization is conducted annually
and made available to the Executive Board,
Stewards Council, and membership, at regular
meetings of those bodies and where otherwise
directed by the President or the Executive Board,
(e) transmit per capita
payments on a regular basis to the
Secretary-Treasurers of the American Federation of
Teachers, Florida Education Association and
similar officers of all other bodies with which
the organization is affiliated,
(f) be an ex-officio member of
the Audit and Dues Structure Committee, perform
other duties as delegated by the President or
assigned by the Executive Board,
(g) ensure that HSEF is in full
compliance with reporting requirements required by
the Internal Revenue Service, Chapter 447 of the
Florida Statutes and other governmental bodies as
required by law.
Section 5. The Vice-President
At — Large shall:
(a) be, by
office, a delegate to the Central Labor Council,
(b)
coordinate, with the President the activities of
the Grievance Committee, a sub-committee of the
Contract Enforcement Committee, which is a part of
the collective bargaining function,
(c)
perform other duties as delegated by the President
or assigned by the Executive Board,
Section 6. The Vice-President
for Collective Bargaining shall:
(a)
coordinate the work of and receive reports from
the Research, Training, Proposal Writing, Uniform
and Contract Enforcement Committees, as well as
chairing the General Collective Bargaining
Committee which will be composed of the
chairpersons of the committees mentioned in this
section,
(b) be
responsible for the collective bargaining function
and appoint the chairs of the committees above,
subject to approval by the President and
ratification by the Executive Board,
(c) make
monthly reports to the Executive Board regarding
the status of the collective bargaining function,
(d) make
quarterly reports to the Stewards Council
regarding the status of the collective bargaining
function,
(e) make a
report at HSEF semi-annual meetings of the
membership regarding the status of the collective
bargaining function,
(f) all
reports made by the Vice-President for Collective
Bargaining shall be provided in the format
attached in Appendix A of this Constitution.
(g)
perform other duties as delegated by the President
or assigned by the Executive Board.
Section 7. The Vice-President
for Communications shall:
(a)
coordinate, with the President the work of and
receive reports from the Public Affairs and
Internal Publications Committees, chair the
General Communications Committee which will be
composed of the chairpersons of the committees
mentioned in this section,
(b)
responsible for the communications function and
appoint the chairs of the committees above,
subject to approval by the President and
ratification by the Executive Board,
(c) make
monthly reports to the Executive Board regarding
the status of the communications function,
(d) make
quarterly reports to the Stewards Council
regarding the status of the communications
function,
(e) make a
report at HSEF semi-annual meetings of the
membership regarding the status of the
communications function,
(f) all
reports made by the Vice-President for
Communications shall be provided in the format
attached in Appendix A of this Constitution,
(g)
perform other duties as delegated by the President
or assigned by the Executive Board.
Section 8.
The Vice-President for
Governance shall:
(a)
coordinate, with the President the work of and
receive reports from the Constitution and By-Laws,
Dues Structure and Executive Board Vacancy
Committees, chair the General Governance Committee
which will be composed of the chairpersons of the
committees mentioned in this section,
(b) be
primarily responsible for the governance function
and appointing the chairs of the committees above,
subject to approval by the President and
ratification by the Executive Board,
(c) make
monthly reports to the Executive Board regarding
the status of the governance function,
(d) make
quarterly reports to the Stewards Council
regarding the status of the governance function,
(e) make a
report at HSEF semi-annual meetings of the
membership regarding the status of the governance
function,
(f) all
reports made by the Vice-President for Governance
shall be provided in the format attached in
Appendix A of this Constitution,
(g)
perform other duties
as delegated by the President or assigned by the
Executive Board.
Section 9.
The Vice-President for Membership Development shall:
(a)
coordinate, with the President, the work of and
receive reports from the Recruitment, Education,
and Transportation Task Force Committees, as well
as chairing the General Membership Development
Committee which will be composed of the
chairpersons of the committees mentioned in this
section,
(b) share
responsibility for the membership development
function with the President,
(c)
appoint the chairs of the committees above,
subject to approval by the President and
ratification by the Executive Board,
(d) make
monthly reports to the Executive Board regarding
the status of the membership development function,
(e) make
quarterly reports to the Stewards Council
regarding the status of the membership development
function,
(f) make a
report at HSEF semi-annual meetings of the
membership regarding the status of the membership
development function,
(g) all
reports made by the Vice-President for Membership
Development shall be provided in the format
attached in Appendix A of this Constitution,
(h)
perform other duties as delegated by the President
or assigned by the Executive Board.
Section 10.
The Vice-President for Political Action shall:
(a)
coordinate with the President the work of and
receive reports from the Education and
Fund-Raising Committees, chair the General
Political Action Committee which will be composed
of the chairpersons of the committees mentioned in
this section,
(b)
responsible for the political action function and
appointing the chairs of the committees above,
subject to approval by the President and
ratification by the Executive Board,
(c) make
monthly reports to the Executive Board regarding
the status of the political action function,
(d) make
quarterly reports to the Stewards Council
regarding the status of the political action
function,
(e) make a
report at HSEF semi-annual meetings of the
membership regarding the status of the political
action function,
(f) all
reports made by the Vice-President for Political
Action shall be provided in the format attached in
Appendix A of this Constitution,
(g)
perform other duties as delegated by the President
or assigned by the Executive Board.
Section 11.
The Vice-President for Structure Development shall:
(a)
coordinate, with the President, the work of and
receive reports from the Area Coordinators,
Stewards Council and the Steward Training
Committee, as well as chairing the General
Structure Development Committee which will be
composed of the chairperson of the Area
Coordinators, a steward from the Stewards Council
appointed to coordinate the work of the council
and the chairperson of the Steward Training
Committee,
(b) be
primarily responsible for the structure
development function and appointing the chairs of
the committees/functions above, subject to
approval by the President and ratification by the
Executive Board,
(c) make
monthly reports to the Executive Board regarding
the status of the structure development function,
(d) make
quarterly reports to the Stewards Council
regarding the status of the structure development
function,
(e) make a
report at HSEF semi-annual meetings of the
membership regarding the status of the structure
development function,
(f) all
reports made by the Vice-President for Structure
Development shall be provided in the format
attached in Appendix A of this Constitution,
(g)
perform other duties as delegated by the President
or assigned by the Executive Board.
Section 12.
All officers elected by the general membership of the
organization shall serve as members of the Executive
Board. Failure to attend three (3) consecutive
meetings of the Executive Board without providing
twenty- four (24) hours prior notice to the President
or his/her designee or being involved in a bona fide
emergency) or having more than five (5) absences in a
year shall cause the position to be automatically
declared vacant. Failure to perform the duties of
office shall cause a review of the situation by the
Executive Board. Should the Executive Board find
sufficient evidence it may, by a vote of two-thirds of
those present and voting, recommend to the Stewards
Council discipline up to and including removal from
office. The Stewards Council shall vote on the
recommendation, without amendment. A vote of sixty
(60%) percent of those present and voting shall be
necessary to sustain or deny the Board's
recommendation.
ARTICLE VI
EXECUTIVE
BOARD
Section 1.
The Executive Board shall meet at least monthly, or at
the call of the President, or at the call of four (4)
or more of its members, in writing, or at the call of
the Stewards Council for the purpose of initiating,
overseeing, or revising the program of the
organization and to conduct other business of the
organization that is within its authority.
Section 2.
The Executive Board shall prepare and present for
approval an annual budget to the Stewards Council, at
their May meeting prior to the beginning of the fiscal
year, which shall run from July 1st through June 30th
of each year.
Section 3.
The Executive Board shall ratify the employment of all
professional, technical, and support staff of the
organization,
at the
recommendation by the President. The Executive Board
can either accept or reject the Presidents proposals
for employment of staff. The Executive Board must also
ratify any collective bargaining agreement(s) or
employment agreement(s) entered into with any
personnel employed by HSEF.
Section 4.
The Executive Board shall establish the salary,
benefits, and expense guidelines of any general
officer that is employed by the organization, except
that no such person shall suffer loss of the economic
status they enjoyed while a school district employee
as a result of such action. The office of the
President shall be a full time released position from
the District and will be paid a minimum annual
starting salary of $40,000, plus fringe benefits, or
the employee’s current annual salary and benefits with
the District, whichever is greater. Additional
benefits of this position paid by HSEF will be an
annual car allowance of $3000 and an annual cell
allowance of $900. The Executive Board must act within
the confines of the budget and with fiscal prudence.
General officers that are full-time employees of HSEF
shall act as salaried professionals and therefore are
not eligible for compensatory time or overtime.
Section 5.
Consistent with the approved budget, the Executive
Board shall approve all contracts, approve all
purchases in excess of three hundred ($300.00) dollars
and is empowered to incur liabilities including the
purchase or lease of services, equipment, and real
property, to borrow money, to secure such obligations
by mortgage or other instrument, and to otherwise
engage in financial transactions to the extent
permitted by applicable law or statute.
Section 6.
Upon recommendation of the President and the
Vice-President of the respective core function, the
Executive Board shall approve the chairperson and
membership of all special committees of the
organization, except the Elections Committee, and
receive regular reports from such committees. The
standing committees shall be considered the core
functions of the Union. Their functions are defined in
Appendix B of this constitution. The Vice-President
for that function will chair the standing committees.
All special committees shall be designated as to which
core function of HSEF (collective bargaining,
communications, governance, membership development,
political action or structure development) they are
assigned. The appropriate Vice-President will then
present or cause to be presented reports from that
committee. Upon request of the President or by a
majority vote of the Executive Board, a chairperson of
any committee or their designee will present a report
directly to the Executive Board.
Section 7.
The Executive Board shall be responsible for adherence
to and enforcement of the Constitution and By-Laws of
the organization.
Section 8.
The Executive Board shall issue regular reports,
including a quarterly report, to the Stewards Council
and an annual report to the membership at its
semi-annual meeting in March of each year. All reports
made by the Executive Board shall be provided in the
format attached in Appendix A of this Constitution.
ARTICLE VII
COMMITTEES
Section 1.
The standing committees of the organization shall be:
(a) Collective Bargaining
(b) Communications
(c) Governance
(d) Membership Development
(e) Political Action
(f) Structure Development
(g) Elections
(h) Audit
(i) Grievance
These
committees, except Elections and Audit, will perform
the core functions as defined in Appendix B and will
be coordinated by the appropriate Vice-President as
described in Article V, Sections 5 through 10 of this
Constitution. Further, the sub-committees defined as
necessary to fulfillment of the core functions shall,
upon adoption of this constitution, become special
committees of HSEF.
All committees
of HSEF shall have at least one representative from
each of the following general work classifications;
custodial, food service, maintenance, transportation
and security unless granted special dispensation by a
majority vote of the Stewards Council at its next
regular meeting.
Section 2.
The Executive Board on its own initiative, subject to
the approval of the Stewards Council, or at the
direction of the Stewards Council, may establish
special committees. These special committees must be
assigned to a core function and must not be
duplicative, in the main, of currently established
committees. Assignment to a core function must be with
the recommendation of the President and the
Vice-President of the respective core function.
Section 3.
The Elections Committee shall:
(a) be composed of six (6)
active members plus the chairperson for a total of
seven (7) members. The Secretary, pursuant to
Article V, Section 3(f), appoints the chairperson.
The Stewards Council, at their quarterly meeting
in February starting in the year 2001 and every
other year thereafter, elects the other six (6)
members. The term for the chairperson and
committee members shall be two (2) years, to run
from March 1st to the last day of February.
(b) ensure that should a
member of the Elections Committee seek general
office, they shall resign from the Committee and
be replaced promptly by the Stewards Council at
its next regular meeting or, if necessary, a
special meeting.
(c) settle all disputes
arising from elections conducted by the committee.
Members shall have the right to appeal the
Elections Committees decision(s) to the Steward
Council.
(d) ensure that all
elections are conducted in accordance with
guidelines as established in the Labor Management
and Disclosure Act of 1958 (Landrum-Griffin)
Section 4.
The Audit Committee shall:
(a) be
composed of four (4) individuals plus the
chairperson. The Treasurer shall serve in an
ex-officio capacity only. The committee shall have
at least one person from the custodial, food
service, maintenance, transportation and security
sectors of employment,
(b) cause
an audit of HSEF's finances to be performed and
completed by the first Friday of August of each
year,
(c) report
to the Executive Board and the Stewards Council at
their August meeting and to the membership at its
September meeting.
Section 5.
The Grievance Committee shall:
(a) be
assigned to the core function of collective
bargaining,
(b) work
with the Stewards in the resolution of contractual
and non-contractual disputes in the workplace,
maintain records of grievances and their
disposition, be responsible for the coordination
of the processing of grievances and disputes
beyond the immediate work location, and,
(c) make
decisions regarding disputes to be taken to
arbitration or civil remedy. The grievant may
appeal these last decisions to the Executive
Board.
(d)
The Executive Director shall
serve as an ex-officio, non-voting member of the
Grievance Committee.
Section 6.
Upon recommendation of the President and the
appropriate Vice-President of the committee's
designated core function and approval by the Executive
Board, committee chairs shall have one (1) month to
select committee members and present their names via
the appropriate Vice-President to the Executive Board
for approval.
Section 7.
Within two (2) months of formation each committee
shall present its annual program of action to their
respective Vice-President. The Vice-President and the
chairperson of the committee shall brief both the
Executive Board and Stewards Council. The Treasurer
must review any program causing fiscal outlay. With
assistance from the Executive Director the Treasurer
must prepare a fiscal impact report for the Executive
Board and the Steward Council. The Executive Board may
approve allocation of resources as long as the request
is within approved budget parameters. Approval or
denial for programs exceeding approved budget
guidelines must be voted on by the Stewards Council at
its next regular meeting.
ARTICLE VIII
STEWARDS
COUNCIL
Section 1.
Subject to the final
authority of the membership, the general governing
body of the organization shall be the Stewards
Council, consisting of members of the organization
elected by the members of the organization as follows:
(a) there shall be elected one
(1) Chief Steward for each specific work location
and one (1) Chief Steward for each region in the
transportation and maintenance departments as
defined by the Structure Development committee,
(b) work sites with more than
twenty-five (25) members may have an Assistant
Steward with full rights and duties of Chief
Stewards. One (l) Assistant Steward shall be
elected for each additional fifty (50) members or
major fraction thereof,
(c) transportation or
maintenance regions with more than twenty-five
(25) members may have an Assistant Steward with
full rights and duties of Chief Stewards. One (1)
Assistant Steward shall be elected for each
additional fifty (50) members or major fraction
thereof,
(d) for members not assigned to
a specific work location, the Executive Board
shall designate appropriate electoral units using
the same representation formula as in (b.)
Section 2. The Stewards Council
shall meet quarterly for the purpose of establishing
the policies of the organization, receiving and
reviewing the reports of the President, Executive
Board, the Executive Director, and Committees, taking
appropriate action as specified in the Constitution,
initiating and taking other such actions as the body
deems necessary, and otherwise communicating the
wishes of the membership to the President, the
Executive Board and the Committees. The Stewards
Council shall have final authority on all issues
arising from interpretation of the Constitution and/or
By-Laws of HSEF. The Stewards Council shall have final
authority on all appeals arising from decisions
rendered by the Elections Committee.
Section 3. The Stewards Council
shall meet minimally every three (3) months: March,
June, September, and December on the second Saturday
of the month. The Stewards Council shall have the
power to determine more frequent meetings should it
deem them necessary. Special meetings can be called by
a petition of thirty (30%) percent of the Stewards
Council.
Section 4. The President shall
be the presiding officer of the Stewards Council, but
may vote only in the event of a tie.
Section 5. Membership on the
Stewards Council is subject to fulfillment of minimum
requirements established in Article X, Section 1(g).
Failure to fulfill those requirements shall be grounds
for notifying the membership at the affected worksite
or region of the need to elect a new steward.
ARTICLE IX
STEWARDS
Section 1. Chief Stewards shall:
(a) attend all regular and
special meetings of the Stewards Council,
(b) hold regular meetings of
the membership at the worksite, or other
appropriate place, for the purpose of making
reports, discussing work place and organizational
concerns, receiving instruction from the
membership, and other activities as may be
required in the standards for Steward competency
developed by the Structure Development Committee,
(c) recruit eligible persons to
membership,
(d) conduct elections and
referenda when so instructed by the Elections
Committee,
(e) process grievances and
resolve disputes at the worksite, assigned region
or other appropriate location as assigned by the
Structure Development Committee,
(f) consult regularly with the
employer's management personnel at the worksite
regarding matters of interest to the Union
membership,
(g) upon election, register and
receive training from the Union (HSEF) in basic
steward functions and attend subsequent advanced
training until fully certified. Stewards must
fulfill the minimum requirements of the Stewards
Program as approved by the Stewards Council at its
first formal meeting and annually thereafter.
Changes in the program must be made by majority
vote of the Stewards present at a Council meeting.
Changes can only be announced at the August
meeting of each year. The Stewards will receive
proposed changes from the Structure Development
Committee in writing, at home at their last known
address at least fifteen (15) days prior to the
August meeting,
(h) upon election, serve for a
minimum period of one (1) year starting from
August 1st to July 31st of each year subject to
maintaining the standards outlined above, receive
and become familiar with a packet of information
for Stewards including, but not limited to, the
Steward Program and a training schedule.
Section 2. Assistant Stewards
shall:
(a) attend all regular and
special meeting of the Stewards Council,
(b) assist the Chief Steward in
the conduct of all duties,
(c) serve in place of the
Steward in the event of illness or absence,
(d) meet all other requirements
as defined in Article IX, Section 1(g) and 1(h)
above,
(e) work at the direction of
the Chief Steward with regard to Article IX
Sections 1(b) through 1(f) above, except in the
absence of the Chief Steward where the Assistant
Steward shall be self-determinative.
ARTICLE X
MEMBERSHIP
MEETINGS
Section 1.
The membership shall
meet four (4) times per year. It shall meet in the
months of March, June, September, and December on the
second Saturday of the month.
Section 2. Special meetings of
the membership may be called by:
(a) the Executive Board,
(b) the Stewards Council,
(c) the petition of twenty-five
(25%) percent of the active membership
Section 3. The membership
meeting shall be the supreme policy making body of the
organization.
Section 4. The membership
meeting shall have the right to initiate referenda,
which shall be conducted by the Elections Committee.
ARTICLE XI
REVENUES
Section 1 .
The dues of this organization shall be as determined
by the HSEF By-Laws. The dues of the organization
shall reflect, at all times, the ability to pay
affiliation fees in a current manner, salaries,
benefits and expenses of officers and/or staff and
maintain a program budget that advances the interests
of the members of HSEF. HSEF membership dues will
automatically increase to reflect increases in
affiliation fees passed by either AFT,
NEA,
or FEA or other affiliated bodies.
Section 2. Special assessments
for specific purposes may be levied by the Stewards
Council provided that the membership has been apprised
of the assessment and its purpose at least sixty 60
days prior to the meeting of the Stewards Council
meeting at which the levy will be implemented and has
not availed itself of its' right to call a special
meeting, pursuant to Article X, Section 2c to deal
with the issue.
ARTICLE XII
AFFILIATIONS
HSEF shall maintain affiliation with the
following organizations:
(a) The American Federation of
Teachers, AFL-CIO, its' heirs, successors or
assigns,
(b) The National Education
Association, its’ heirs, successors or assigns,
(c) The Florida Education
Association, its' heirs, successor or assigns,
(d) The Florida American
Federation of Labor-Congress of Industrial
Organizations
(e) The Hillsborough County
Central Labor Council
ARTICLE XIII
RULES OF ORDER
Section 1.
Robert's Rules of Order. Newly Revised shall govern
this organization and all of its subordinate bodies in
all matters not covered by this Constitution or the
By-Laws of this organization.
Section 2. All meetings of the
Executive Board, Stewards Council, standing or special
committees and the membership will use prepared
agendas as attached in Appendix C of this
Constitution.
Section 3. A quorum for the
purpose of conducting business at a membership meeting
is ten percent (10%) of the membership or 30 (thirty)
members, whichever is less. A quorum for conducting
business at a Stewards Council meeting is ten percent
(10%) of the Council's membership or 10 (ten) members,
whichever is greater. A quorum for conducting business
for the Executive Board is sixty percent (60%) of the
Board's membership or 7 (seven) members, whichever is
greater.
ARTICLE XIV
AMENDMENTS
Section 1.
Any member of the organization may present a proposed
amendment to the Constitution and By-Laws Committee.
The committee will review the proposed amendment and
make recommendations to the Executive Board and the
Stewards Council in writing as to whether the
membership should accept or reject the amendment and
its reasons for such recommendation. The Constitution
and By-Laws Committee shall report its findings
directly to the membership for action at the March or
September membership meetings. Any party (Executive
Board, Stewards Council or member) that wishes to
present an opposing view may do so at the March or
September meetings. The Constitution and By-Laws
Committee shall notify the membership of the proposed
amendment by mail no later than fifteen (15) calendar
days, at their last known address, prior to the
semi-annual membership meetings in the Month of March
and September. Notifications by the committee shall be
in both English and Spanish. Amendments shall only be
considered at the March and September meetings of the
membership.
Section 2. Proposed amendments
must be presented in writing to the Constitution and
Bylaws Committee not more than seventy-five
(75) calendar days or less than forty-five (45)
calendar days prior to the March or September
membership meetings. Proposed amendments shall state
the wording of the amendment, the Article(s) and
Section(s) that the proposed amendment would replace
as well as the impact of the change on the
Constitution as written prior to the amendment.
Section 3. Two-thirds (2/3) of
those members present and voting at the March or
September membership meetings shall be required for
passage of the amendment. The Secretary shall review
the membership sign-in list prior to each vote to
ensure that only current members vote. Vote shall be
by secret ballot after the amendment has been
explained by the chairperson of the meeting and had
that explanation translated into Spanish. Prior to
voting each member that desires to do so must be given
the opportunity to speak to the proposed amendment at
least once. Only then can a motion to close debate be
entertained.
ARTICLE XV
AVAILABILITY
OF CONSTITUTION
Section 1. Three copies of this
Constitution and all subsequent amendments shall be
submitted to the office of the Secretary-Treasurer of
the American Federation of Teachers, its' heirs
successors or assigns.
Section 2. Three copies of this
Constitution and all subsequent amendments shall be
submitted to the office of the Secretary-Treasurer of
the Florida Education Association, its' heirs
successors or assigns.
Section 3. The Secretary shall
make available, upon request, a copy of the
Constitution and/or By-Laws to any member in good
standing of the organization.
ARTICLE XVI
APPENDICES
Section 1.
The appendices aforementioned in this Constitution are
hereby made part of the Constitution and as such are
subject to amendment only through procedures outlined
in Article XV.
ARTICLE XVII
DEFINITIONS
Section 1.
This section shall define terms whose meanings are not
readily apparent within the context of this
Constitution:
(a) Core Functions: the major functions
(collective bargaining, communications,
governance, membership development, political
action and structure development) which HSEF must
perform effectively in order to adequately
represent its membership.
(b) Appendices: documents that are attached to
the back of the constitution and are typically
informational in nature.
APPENDIX A
format for reports
Report of the
_____________________________________________ of HSEF
(fill in Executive Board, Standing or
Special Committee Name)
The following report is delivered to the
________________________________ on ______________
(fill in Executive Board. Stewards
Council, Membership) (fill in date)
at
___________________________________________________________________________
(fill in location)
The purpose of this report is to update you on the
activities of the ___________________________
__________________________. The __________________________
,met on _________________
(fill in appropriate body) (fill in appropriate body)
(fill in date(s))
and discussed the following issue(s): (fill in the line(s)
with a brief description of each issue) (print or type)
(a)
_________________________________________________________________________________________________
(b)
__________________________________________________________________________________
(c)
_______________________________________________________________________________________
(d)
______________________________________________________________________________________
The following recommendations are hereby issued to the
___________________________________
(fill in Executive Board.
Stewards Council, Membership)
to be acted upon at today's meeting: (list recommendations,
if any are necessary) (print or type)
1)____________________________________________________________________________________
_____________________________________________________________________________________
2)___________________________________________________________________________________
____________________________________________________________________________________
3)____________________________________________________________________________________
_____________________________________________________________________________________
If extra space is needed for any section,
please use the back of this sheet
APPENDIX B
CORE FUNCTIONS COMMITTEES AND
THEIR SUB-COMMITTEES
(1) Communications - including publications to
bargaining unit employees (except recruitment material)
and public affairs activities (e.g. press releases, fact
sheets for school board, etc.).
(a) Public
affairs -
Handles the press, creating media events and
facilitating outreach to the external media, both
voice and electronic.
(b) Internal
Publications
- Handles all internal publications, except
membership recruitment materials, disseminated to
bargaining unit employees.
(2) Collective Bargaining - researching contract
proposals, providing for bargaining team training, writing
proposals, dealing with uniform issues and identifying
contract enforcement issues and monitoring their results.
(a) Research
- Gather comparables of public and, where
applicable, private sector contracts, and identify
areas of comparison for proposal writing.
Comparables for the purpose of statute (FS 447)
are as follows:
a)
Adjacent districts: Pinellas, Pasco,
Manatee, Polk and Hardee
b)
Similar-size districts: Pinellas, Orange,
DuVal and Broward.
(b) Training
- Identify training needs, e.g., basic bargaining,
impasse resolution and resources. (FEA, AFT,
AFL-CIO) Schedule and implement training.
(c) Proposal
Writing -
Design, distribute and tally bargaining survey.
Take research and survey results and write
contract proposals.
(d) Uniforms
- Interview uniform providers, provide
specifications for uniforms and get quotes from
vendors. Review information provided by School
Board. Advise the proposal writing team of
recommendations. Develop position for presentation
to School Board and management team.
(e) Contract
Enforcement
- Identify areas of contract where enforcement has
been an issue. Develop recommendations for
enforcement. The Grievance Committee serves as a
subset of the Contract Enforcement Committee and
performs the following functions:
a)
the Grievance
Committee shall work with the Stewards and
assigned officers and/or staff in the
resolution of contractual and non-contractual
disputes in the workplace,
b) shall
maintain records of grievances and their
disposition,
c) shall
be responsible for overseeing the staff and/or
officers responsible for processing of
grievances and disputes beyond the immediate
work location,
d)
shall make
decisions regarding disputes to be taken to
arbitration or civil remedy. The grievant may
appeal these last decisions to the Executive
Board.
(3) Governance - reviews all
proposed amendments to the Constitution and/or By-Laws and
provides an annual review of both documents for needed
changes and report findings to the Executive Board,
Membership and the Stewards Council. Analyze and review
dues structure for fiscal soundness and report findings to
the Executive Board, Membership and the Stewards Council.
Recommend a process for interviewing prospective
appointees for vacant board positions for adoption by the
Stewards Council that will help ensure that the best
candidates receive the appointment.
(a)
Constitution and
Bylaws -
receive and process proposed amendments pursuant
to procedures outlined in Article XIV of the
Constitution. Perform a review of the Constitution
(annually) and recommend amendments, if necessary,
for proposal by the Executive Board to the
membership at the membership's March meeting.
Report finding of review to the Stewards Council
at their February meeting annually.
(b)
Dues Structure
- developing a fair dues structure that will
ensure future fiscal viability of HSEF and provide
funding for programs of substance to its
membership for the foreseeable future. Provides
for annual review of the dues structure as it
relates to membership program needs and the
ability to fund those needs and to keep all other
obligations currant. Recommends changes to the
membership at their September meeting. This
recommendation does not change the Executive
Board's authority to set dues structures on an
interim basis, subject to the ratification of the
membership.
(c)
Executive Board
Vacancies -
design and implement a recruitment and selection
process to fill interim board vacancies. Conduct
solicitation and interviews of prospective
candidates. Recommend the candidate(s) scoring
highest in the process to the President for
appointment to the Executive Board.
(4) Membership Development -
recruiting new members, identifying activists and
secondary leadership (including stewards). Developing and
implementing educational programs for members and
potential members on issues of importance. Coordinating
joint training with the local NEA affiliate. Using the
Transportation Task Force to promote the needs of
transportation employees and to develop alternative
(non-bargaining) strategies for resolving problems in
transportation.
(a)
Recruitment
- primary responsibility of recruiting new members and
identifying secondary leadership (e.g., volunteers,
committee persons, stewards, etc). Responsibility for
developing membership recruitment incentive programs
and coordinating existing membership benefit programs.
Creation of local membership benefits that are
relevant to HSEF members (e.g., store discounts).
Ensuring that every new member gets a new membership
packet and making sure that the packet is germane to
the new member. Responsibility of designing, staffing
and oversight of membership drives, subject to the
review and approval of the Executive Board.
(b)
Education
- assess the needs for job-related training (e.g.,
student management for bus drivers, health and safety
for food service, etc.) of our membership. Design and
implement programs to meet these needs, where
possible, using existing or anticipated employer
training programs. Where possible conduct these
classes in cooperative partnership with the
Hillsborough Classroom Teachers Association (HCTA).Assess
the need for leadership development training (except
for Stewards and Area Coordinators). Design and
implement programs to meet these needs. Where possible
conduct these seminars in cooperative partnership with
the Hillsborough Classroom Teachers Association (HCTA).
(c)
Transportation Task Force
- define the issues of priority importance to our
members in transportation. Develop and implement
strategies, both bargaining and political, to resolve
problems within the transportation department.
(5) Political Action - design
and implement a political education program for the HSEF
membership, including screening for school board and state
legislature candidates. Establish, within the guidelines
of state and national affiliates as well as local, state
and national laws, a political action fund. Implement
fundraising for political activities, with primary focus
on political check-off. Ensure that HSEF has an ongoing
voter registration program and that its' database is
current regarding registration and all the information
pertaining thereto.
(a)
Education
- design and implement a political education program
that focuses on the direct impact of the political
process on our members. This program should include,
but not be limited to, the impact of current events
(e.g., vouchers a.k.a. "opportunity scholarships") on
our member’s jobs. The program should also include
information about candidates for school board, state
legislature and Congress that support or oppose HSEF
positions.
(b)
Fund Raising -
develop a fund raising
campaign that focuses on political action check-off,
as provided in the contract, as the primary source of
HSEF's political action funds.
(6) Structure - developing and implementing
Steward and Area Coordinator structures. Identifying,
recruiting and training Stewards and Area Coordinators.
Oversight of all programs for Stewards, including minimum
requirements, certification process and incentives.
(a)
Area Coordinators
- handle the coordination of communication with
Stewards and serve as a direct link to the Executive
Board, Leadership Council, President and Project
Director for information to and from the worksites.
Communicate with Stewards within their assigned areas.
Design a phone tree for quick two-way communication
from leadership to Stewards.
(b)
Stewards Council
- provides policy guidance and direction to the
Executive Board. Serves as the representative body of
the Union on behalf of the membership (similar to a
county commissioner). Designs and implements training
and incentive programs for Stewards and Area
Coordinators. These programs are subject to approval
by the HSEF Executive Board for fiscal purposes only.
(c)
Steward Training
- coordinates and implements Steward and Area
Coordinator training program(s). Handles logistics and
interfaces with affiliate resources. Solicits
attendees and coordinates with the Chairperson of
Internal Publications to advertise training sessions.
Evaluates program(s) and revises as needed.
Appendix C
sample meeting agenda
1. Call To Order by
President / Chairperson
2.
Approval of the Minutes (minutes must be
distributed at the meeting and preferably prior to the
meeting).
3.
Approval / Modification of the Agenda
4.
Treasurer's Report (if appropriate)
5.
President or Chairperson's Report
6.
Committee Reports (if appropriate)
7.
Old Business Items (issues left unresolved
from last meeting of the group)
A. B. C.
8. New Business Items (issues to be discussed at this
meeting)
A. B. C.
9. Good and Welfare (items of information relevant to the
membership)
10. Next meeting date
and location
11. Adjournment
By-Laws
of the
Hillsborough School Employees Federation (HSEF)
Section 1. The Executive Board
shall set dues after the annual review by the Dues
Structure Committee of the HSEF dues system. This
review must be provided to the Executive Board and the
Stewards Council no later than their February meeting.
Section 2. No dues structure
may be passed or maintained that fails to fully fund
the locals ability to pay wages and benefits to
staff/officers, affiliation fees and continued
adequate funding of the core functions of the Union as
defined in Article XVI and Appendix B of the HSEF
Constitution.
Section 3. There shall be
established a Social Committee, assigned to the core
function of Membership Development, that will seek to
find ways to gather the membership in a social
environment that will promote goodwill and harmony.
The activities of the Social Committee will be subject
to the same scrutiny and protocols set for the
standing committees and their sub-committees as
defined in the Constitution.
Section 4. These By-Laws may be amended
pursuant to the same procedures provided in the HSEF
Constitution (Article XIV) except that only 50% plus
one (1) of the membership present and voting shall be
required to amend the By-Laws.
Section 5. Where a conflict exists between
these By-Laws and the HSEF Constitution, the HSEF
Constitution shall be the controlling document.
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