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TEACHERS
ASSOCIATION
CTA/NEA
BY-LAWS
Ratified
November 16th 2006
Table of Contents
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V. DUES, FEES, AND ASSESSMENTS
VII. OFFICERS OF THE ASSOCIATION
IX. NOMINATIONS, ELECTIONS, AND
BALLOTING
The name of this association
shall be the Red Bluff Union High School Teachers' Association/ CTA/NEA in
The primary purposes of this
Association shall be:
1.
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;
2.
To form a representative body capable of forming group opinion on professional
matters to speak with authority for teachers;
3.
To provide a means of representation for all members;
4.
To provide an opportunity for continuous study and action on issues facing the
education profession;
5. To
promote professional attitudes, conduct, and to foster good fellowship among its members;
6. To
encourage cooperation and communication between RBUHSTA and all other
educational stakeholders in
1.
The Red Bluff High School Teachers Association shall be a chartered chapter of
the California Teachers Association (CTA).
2.
The Red Bluff Union Association shall be an affiliated local association of the
National Education Association (NEA).
1.
Active membership shall be open to any person who is engaged in or who is on
limited leave of absence from professional education work, is an employee of
Red Bluff Union High School District, 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 negotiation process by the
teacher bargaining unit.
2. Membership
will be granted upon payment of appropriate dues.
3. Active
members shall be eligible to vote in all elections, hold elective office or appointive
positions, receive special services, obtain assistance in the protection of
professional and civil rights, receive reports and publications of the
Association, and other services as provides by affiliated state or national
organizations.
4.
An individual who is serving as a negotiator for a public school employer shall
not be eligible for membership in the Association.
5.
Active members shall adhere to The Code of Ethics of the Education Profession.
6.
The rights 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.
7.
No member of the Association may be disciplined without a due process hearing
which shall include the established appellate procedure.
8. The
membership year shall be defined as that time period beginning on the first
contracted day of work of any given calendar year extending for a period of 365
days.
V. DUES, FEES, AND ASSESSMENTS
1.
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.
2.
The Association's portion of the basic annual dues and the representation fees
for non-members, shall be established by action of the membership of the
Association at the last regular meeting of the school year.
3.
Membership shall be continuous after initial employment until delinquent or
until a change in professional status shall make the member ineligible for
membership. If, by October 31st of any calendar year, a member has neither made
arrangements to pay the established annual membership by payroll deduction, nor
made satisfactory arrangements to pay the annual dues by some other means,
then, pursuant to Article 2 of the Agreement between the Association and the
District, steps shall be taken to assess and collect a representation fee.
4.
Dues collected will be allocated in the following manner:
a.
The annual dues of the Association shall be .004% of step
A-1
of the certificated salary schedule.
b.
Members of the leadership team shall be paid the following percentages of the
annual budget as honorariums at the end of their terms:
1.
President 11%
2.
Vice President 5%
3.
Bargaining Chairperson 10%
4.
Secretary 2%
5.
Treasurer 2%
6.
Bargaining team each 2%
7.
Grievance Chairperson 2%
c.
The President and Bargaining Chairman may draw on their respective honorariums
during the year if it is their intent to utilize the funds for expenses
incurred in the performance of their duties.
d.
Ten percent (10%) of the annual budget, plus monies from the Crisis Fund as
described in item 5f below, shall be deposited in a Scholarship fund. The
scholarship funds shall be awarded according to the following provisions:
1.
Annual End-Of-Year Scholarship
The
RBUHSTA End-Of-Year Scholarship shall be awarded subject to the following:
(a)
The applicant shall be a graduating senior.
(b)
The applicant shall be a son or daughter of a RBUHSTA member.
(c)
A copy of the RBJUHSD Common Scholarship Application shall be submitted to the
Executive Board prior to their May meeting
(d)
The applicant shall have two years from the date of award to utilize the
scholarship. Disbursement of funds shall occur after verification of
registration at an educational institution.
(e)
The amount of the scholarship shall be $500.00 (five hundred dollars)
(f)
In the event that the scholarship fund does not contain sufficient funds to
award the amount set forth in (d) above to all applicants, equal amounts will
be awarded to each and every applicant who meets the conditions set forth in
(a) and (b) and (c) above.
2.
Additional Scholarships
Periodically,
the Association may be made aware of opportunities to assist worthy individuals
in their academic endeavors. In these instances, Scholarship Fund monies may be
dispersed subject to the following criteria:
(a)
The recipient or recipients shall be selected by a 2/3 vote of the Executive
Board.
(b)
The amount of the scholarship shall be determined by the Executive board after
consultation with the Treasurer. At no time shall the award of a periodic
scholarship threaten the ability of the scholarship fund to meet the projected
needs of the Annual End-Of-Year Scholarship.
(c)
The proposed scholarship must be presented to the Association and voted upon at
a regularly scheduled meeting.
(d)
Disbursement of funds shall occur after receipt by the Treasurer of
confirmation that the funds were used in the manner intended by the Executive
Board
e.
Allocations shall also be made to the following budget categories:
1.
Conferences 27.3%
2.
Association projects 10%
3.
Office Supplies 1.3%
f.
Ten dollars ($10.00) of the annual dues of each member shall be deposited into
a crisis fund. When the crisis fund totals $10,000 the crisis fund shall be
frozen and the subsequent member's crisis fund deposit, and related interest
from the crisis fund, shall be redirected into a scholarship fund of the
Association. In the event that funds are drawn from the crisis fund, ten
dollars ($10.00) of each member's annual dues shall be redirected from the
scholarship fund back into the crisis fund until, once again, the crisis fund
arrives at the $10,000 "cap". The amount of the crisis fund or
assessments may be adjusted by a vote of the Association as needed.
g.
Two dollars ($2.00) of the annual dues of each member shall be distributed to
the Redding Service Center Council.
1.
The membership of the Association, in meeting assembled, shall constitute the
policy making body of the Association.
2. The
Association shall meet monthly during the school year. The time and place of
these meetings shall be decided by the Executive Board and posted in a timely
manner.
3. Special
meetings of the Association may be called by the President, a majority of the
members of the Executive Board or by a petition containing valid signatures of
twenty per cent (20%) of the membership. The meeting as called must be
identified as informational or one requiring action. No action may be taken at informational
meetings.
4.
Special meetings of the Association shall be called for a specific purpose and
no business other than that for which the meeting is called may be transacted.
5.
Notices and agendas for all meetings, regular and special, shall be posted in
the buildings at least two days prior to the date of the meeting.
6.
For emergency meetings during crisis situations, the Executive Board shall
adopt procedures to notify members of meeting dates, places, and times.
7.
A quorum for all regular or special meetings of the Association shall consist
of the members present.
8.
The budget of the Association shall be adopted by the membership on or before
the first regular meeting of the school year.
VII. OFFICERS OF THE ASSOCIATION
1.
The officers of the Association shall be a President, Vice President,
Secretary, Treasurer and Members of the Executive Board.
2. These
officers shall be and remain currently paid-up members of NEA/CTA/RBUHSTA as a
condition for nomination to and service in their respective positions during
their terms of office.
3.
These officers shall be elected in accordance with section X of this document.
4. The
office of President shall be for a term of two years. All other officers shall be elected for a
term of one year, commencing on the first week of the school calendar year.
5.
A vacancy shall be deemed to exist in the case of death, resignation, recall,
or inability to serve in any of the offices of the Association. In the event of
a vacancy occurring in the office of the President, the Vice-President shall
assume the office. In the event a vacancy occurs in other offices, a special
meeting of the Association shall be called to elect a successor in accordance with
Section IX.4 of this document.
6.
The President shall be the chief executive officer of the Association and its
policy leader.
The
President shall:
a.
Preside at all meetings of the Association and Executive Board.
b.
Prepare the agenda for the meetings of the Association and Executive Board.
c.
Be the official spokesperson for the Association.
d.
Be familiar with the governance documents of the Association, CTA and NEA.
e.
Appoint all chairpersons and members of committees and the bargaining team,
with the advice and consent of the Executive Board. Consent shall be construed
as a simple majority of the Executive Board unless otherwise specified.
f.
Call special meetings of the Executive Board.
g.
Suggest policies, plans and activities for the Association and be held
responsible for the progress and work of the Association.
h.
Attend meetings of the Redding Service Center Council.
i.
Attend other CTA/NEA meetings as directed by the membership.
7.
The Vice-President shall:
a.
Serve as assistant to the President in all duties of the President.
b.
Assume the duties of the President in the absence of the President.
c.
Regularly attend meetings of the Red Bluff Union High School District Board of
Trustees as the official representative of the Association, and report to the
executive board a summary of said meetings.
d.
Serve as an at-large member of all standing committees and provide the
executive board with quarterly reports as to their actions when requested.
8.
The Secretary shall:
a.
Keep a careful and accurate record of the proceedings of each meeting, regular
or special, of the Association and of the Executive Board. Each subsequent
record shall be added to a perpetual record of all past meetings which shall be
available to the membership.
b.
Be responsible for the distribution of minutes, notice of meetings, and agendas
for all meetings to the membership. This distribution shall be as far in
advance of the meetings as practicable.
c.
Carry on the correspondence pertaining to the affairs of the Association as
directed by the President.
9.
The Treasurer shall:
a.
Receive all funds belonging to the Association and be responsible for their
safekeeping and accounting.
b.
Pay out such funds upon orders of the President.
c.
Provide a written report on the financial status of the Association at each
Association meeting.
d.
Be responsible for an annual audit of the books and distribute a summary of
this audit to the membership.
e.
Maintain an accurate roster of the membership of the Association.
f.
Be responsible for submitting membership and financial reports to CTA, NEA, and
other agencies as required by law.
g.
Propose an annual budget for the Association each August.
10.
The Executive Board shall be composed of the elected officers of the
Association and one elected Executive Board member for every ten [10] members
of the Association and shall include the immediate past President and the
Bargaining Team chairman as ex officio members.
The
Members of the Executive Board shall:
a.
Meet prior to each regular meeting of the Association and as such other times
as the President or any five [5] members of the Executive Board may deem
necessary. A quorum of the Executive Board shall consist of a majority of the
members of the Executive Board.
b.
Recommend a budget for submission to the general membership of the Association
at the September meeting of the Association.
c.
Approve appointments to the Association committees.
d.
Represent the general membership in actions upon matters of business which may
arise between the regular meetings of the Association, subject to ratification
by the policy making body.
e.
In concert with the other officers of the Association, recommend action to the
general membership, including but not limited to, a bargaining package, changes
in the operations of the Association, the nominees for Association office,
changes in the amount of Association dues, and the annual Association budget at
the September meeting.
f.
Represent the Association in the Arbitration of Grievances. [Section VIII.3
below & Article 5.3.5 of the Agreement]
g.
Be empowered to spend up to $500 on an item without Association approval.
h.
Executive board meetings are open to all association members. However, only
Executive Board members may vote on matters before the board.
1.
GRIEVANCE COMMITTEE
The
Grievance Committee shall represent the Association and shall be responsible
for implementing the Association's grievance program. It shall provide advice
and assistance to members of the bargaining unit in processing grievances. It
shall represent the Association at grievance procedures whenever a member of
the bargaining unit is processing a grievance without the assistance of the
Association. It shall make recommendations to the Executive Board regarding the
budget for grievance processing and the operation of the grievance program. It
shall consider carefully the merits of each grievance and make recommendations
to the Executive Board regarding submission of grievances to arbitration. It
shall make periodic reports to the Executive Board regarding the numbers and
types of grievances it has processed. It shall study the Association's
grievance process and shall make recommendations for maintaining and improving
their effectiveness to the Executive Board . The Executive Board, on the
recommendation of the Grievance Committee, shall provide for training,
resources, and support for the Association's grievance representatives.
2.
PROCESSING OF GRIEVANCES
The
Grievance Committee shall process grievances in accordance with CTA
recommendations and guidelines, SB 160 requirements, and the provisions of the
Agreement between the Association and the District.
The
Grievance Committee shall have the authority to seek advice and counsel as
needed.
3.
ARBITRATION OF GRIEVANCES
In
the determination of which cases shall be taken to arbitration, the Executive
Board recognizes that the RBUHSTA, as the bargaining agent for the unit, has
the duty of fair representation concerning all members of the bargaining unit
regardless of whether they are members or fee payers, and must represent each
in a fair and even-handed fashion. The Executive Board shall not, in any
decision concerning grievances in general and the arbitration of a grievance in
particular, act in an arbitrary or capricious manner. In each and every case
the Executive Board, representing the Association, must show that its decision
was based rationally upon the principles set forth below and that it made an
honest judgment of the facts in reaching its decision.
1.
Does the Association have credible evidence and arguments to support its
position?
2.
Is there a reasonable chance of winning the case?
3.
Is the result worth the economic and political gains sought?
4.
Will the case set an important precedent - or is it a ?one-shot? item?
5.
Does the Association have the resources to see it through?
6.
Are serious political or organizational considerations involved?
7.
Will the grievance achieve the goal sought?
8.
Will the victory deter the employer from similar adverse actions in the future?
9.
Have all procedural steps been followed properly? (including adherence to all
required timelines)
IX. NOMINATIONS, ELECTIONS, AND BALLOTING
1.
Any Active Member (Section IV) at his/her request may have his/her name placed
into nomination for any office. Any Active Member may place the name of another
Active Member in nomination with the consent of the nominee.
2.
The Election and Balloting Committee shall:
a.
Check to see that all nominees are qualified in terms of Active Membership and
consent.
b.
Prepare a list of nominees at the regular April meeting consisting of
nominations from the floor and names previously submitted to the committee.
c.
Check the qualifications of those placed in nomination at the April meeting and
prepare a ballot.
d.
Announce the manner and date for the election of officers at least two weeks
prior to the election. As far as practicable, said election shall be held prior
to the May meeting.
e.
Oversee the election to assure that balloting is secret and that only Active
Members are allowed to cast one vote.
3.
Those elected to hold local CTA offices shall be considered "winners"
upon receiving a majority of the votes cast in the election. The Election and
Balloting Committee shall post election results and declare winners.
4.
All other elections, such as, but not limited to, representatives for CTA State
Council and NEA Delegates, shall be conducted in a manner determined by the
Election Committee and in accordance with CTA/NEA guidelines.
5.
All Election and Balloting Committee decisions must be approved by a majority
vote of that committee.
6. Balloting
regarding Contract Ratification or proposed changes to Section V 4a shall be
conducted by the Election and Balloting Committee in a manner consistent with
State and Federal law. An effort shall be made to allow and encourage all
Association members to vote. The Committee shall develop absentee ballots and
appropriate procedures to accommodate off-site or absent unit members.
Balloting shall be done in a manner that allows Active Members to vote over the
period of at least one full school day at a voting station attended by at least
two Committee members or their designees. The ballot box shall not be opened except
in the presence of the Election and Balloting Committee or their designees.
7.
The Election and Balloting Committee shall consist of three members appointed
by the President with two-thirds of the Executive Board concurring in the
appointment(s).
8.
The term of office for Election and Balloting Committee members shall be three
years and shall be staggered in such a way that not more than one member is
appointed in any year except in cases of a mid-term vacancy.
9. All
balloting procedures developed by the Elections and Balloting committee shall
be subject to approval by the Executive Board.
9.
Voting concerning Association business shall take place during Association
meetings on all matters not otherwise specified in these by-laws as follows: l.
The presiding officer may call for a voice vote, hand vote, or a secret ballot
at his/her discretion. 2. Any single member may call for a hand vote if he/she
is not satisfied with a voice vote result. 3. Any three (3) members may demand
a secret ballot on an issue.
1.
The recall of any elected officer may be initiated by a petition signed by
one-third (1/3) of the active members. The petition(s) circulated must have a
statement of reasons for recall, clearly stated, on each page immediately above
the lines for signatures of Active members. Petitions must show the names of
Active Members both PRINTED, and SIGNED. All recall petitions shall be deemed
to be public documents and available for examination by any member of the
Association. A copy of the petition(s) shall be presented to the person named
in the recall. The recall of any elected officer may also be initiated by a
majority roll call vote of the Executive Board in a meeting properly called and
attended by at least a quorum. The roll call vote shall be considered public
information and available to any member of the Association, and a copy of same
shall be presented to the person named in the recall. In such cases, a
statement of intent to recall shall be placed in the faculty mail of all Active
Members and shall contain the name of the officer to be recalled and a
statement of reasons for the proposed recall.
2
Any person named in a recall document shall have thirty [30] calendar days to
present a rebuttal. The person named for recall may deliver a rebuttal before a
meeting of the Association called for that purpose or in writing through the
faculty mail or both. A person named for recall may have his/her rebuttal
presented by counsel or an assistant of his/her choosing. During the thirty day
rebuttal period the officer in question shall have access to association funds
for reproduction of written materials to be distributed to the membership.
Should the officer in question choose to hire counsel or in other ways incur
expenses in developing a rebuttal, the local association shall not be held
responsible to pay the costs.
3.
The recall election shall be conducted during a regular school day no later
than five [5] school days after the end of the rebuttal period. The date and
manner of the election shall be determined by the Election and Balloting
Committee. The Election and Balloting Committee will assure that the election
is by secret ballot, that the date of the election is announced through the
faculty mail at least four [4] school days prior to the election, that it is
conducted in a manner that allows faculty members to vote over the period of at
least one full school day, and the ballot box is at all times attended by at
least two members. All other decisions about the conduct of the election shall
be approved by the Election and Balloting Committee by a majority vote.
4.
An officer shall be recalled if a majority of those casting ballots vote in
favor of recalling that officer. The ballot wording shall be:
SHALL
JOHN/JANE DOE BE RECALLED FROM THE
OFFICE
OF ________________________?
YES
NO
5.
In the event that the election results in the officer being recalled, said
officer shall give all records and property belonging to the Association to the
Executive Board. The results of a recall election shall take effect immediately
upon formal announcement by the Election and Balloting Committee.
1. The
Association shall maintain the following standing committees: Bargaining,
Grievance, Membership, Internal/External Relations, Professional Advancement
Evaluation, Election and Balloting, Staff Relations, Extra Duty and Calendar.
2.
The composition and duties of the standing committees shall be as follows:
a.
Bargaining -negotiates a bargaining package as approved by the Association and
at the direction of the Executive Board with the Red Bluff Union High School
District; six members. The Bargaining Team shall not enter into negotiations or
discussions of any item at the table until it has received authorization and/or
direction from the Association.
b.
Grievance -processes grievances of alleged contract violation(s); three
members.
c.
Membership -maintains accurate membership records and contacts potential new
members, distributes Association materials relating to membership, reports on
the status of the membership to the Association; three members
.
d.
Internal/External Relations- organizes appropriate gatherings and celebrations,
acknowledges births, marriages, etc. in a timely manner; spotlights outstanding
educational activities, acts as a liaison with the media relative to
educational issues and activities. Three members.
e.
Professional Advancement Evaluation (PAEC) -evaluates professional activities
of the membership according to criteria mutually agreed upon by the Association
and the District with regard to placement on the salary schedule in accordance
with section 8.6 of the Bargaining Agreement; three members.
f.
Election and Balloting -checks to see that all nominees are qualified in terms
of Active membership and consent, prepares a list of nominees for presentation
at the regular April meeting, checks the qualifications of those placed in
nomination from the floor at the April meeting, prepares the ballot(s),
oversees the election to assure that the balloting is secret and that only
Active members are allowed to vote; three members.
g.
Staff Relations -maintains contact between the Membership and the District.
Regularly meets to discuss items that are of concern to both the Membership and
the District; four members consisting of the President, the President-Elect,
Past-President, and the Bargaining Chair or designee.
h.
Extra Duty- Meets annually to equitably distribute extra duty assignments among
Association members as per section 6.8.3 of the bargaining agreement.
Chairperson and two members.
i.
Calendar Committee-meets as needed to develop annual calendar as outlined in
section 7.2 of the Certificated Bargaining Agreement
3. The President
with approval of the Executive Board may create committees as needed to conduct
association business.
4.
All members of each of the committees shall be appointed by the President,
subject to the approval of the Executive Board. All committee members will be
appointed for a one year term and be subject for renewal each year, with the
exception of the Bargaining Committee, whose members will be appointed for two
year, staggered terms and the Grievance Committee, whose members will be
appointed for three year, staggered terms.
1.
Robert's Rules of Order shall be followed at all meetings of the Association
and those of the Executive Board. Unless otherwise specifically provided for in
these By-laws, Robert's Rules of Order shall be deemed the final authority on
questions of procedure. The most recent available edition shall be announced by
the President at the first regular meeting of each year and used all year.
1.
These By-laws may be amended by a two-thirds [2/3] vote of the members of the
Association at any regular meeting, provided that notice of the proposed By-law
amendment was submitted and made available to all Association members at the
preceding regular meeting.
These By-Laws were updated and revised in October 2006
by a duly appointed subcommittee of the Executive Board.
Committee members:
Robin Backstrom ______________________________
Rochelle Barajas ______________________________
Todd Filpula ______________________________
Jon Jones ______________________________
Mary White ______________________________
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