CONSTITUTIONAL CHANGES - ITEMIZED

5/10/06

Please note:  Below appear summaries and rationales of the proposed constitutional amendments.  An expanded summary including the constitutional text with changes marked, as well as complete before and after versions of the constitution may be found at the University Staff Association’s website at http://www.umass.edu/usa/constitution.htm.  You may also request copies of those two documents by calling the USA Office at 413/545-0165.

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I:  Elimination of term limits

(Article VI, Sections L)

            1.         The Executive Board President and other officers (i.e., Vice-President, General Secretary, Membership Secretary, Treasurer, Parliamentarian, and Grievance Officer) shall be elected in the regular biennial election to a two year term and shall not in any case hold the same office for more than seven consecutive years, including any partial term due to a vacancy filled by a special election.

            2.         Members at Large shall serve two year terms and may be reelected with no restriction on the number of consecutive years which may be served.

Eliminates the current 3-term limit for executive board officers.

Rationale for:

People who favor term limits argue that term limits help remove a bad officer from office. But there is a far simpler and more democratic method for doing this: it's called voting. If the person in the office is doing such a bad job, the membership can simply vote for someone else.  And in a larger sense, term limits are in themselves very un-democratic. They deprive the voters of the right to elect an incumbent—who they believe is doing a good job—to another term of office. And what is even worse: term limits do a real disservice to the union and the membership. If you have an officer who is doing a terrific job and you prohibit that person from running, there is no guarantee that the new person will be as good.  It takes new leadership time to get up to speed.

Rationale against:

Term limits prevent individuals from becoming entrenched in power, and provide a method for ensuring that corrupt or abusive leaders eventually have to leave. 

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II.  Allow walk-in balloting

(Article IX, Section C, Part 2)

                        i.          Conduct secret balloting by mail ballot on all matters provided for in this Constitution (i.e. election of officers and members at large, stewards, special elections to fill vacancies, recalls, referenda, initiative petitions, annual dues rate changes and constitutional amendments).  The Elections Board shall determine the nature of the balloting.

Allows the Elections board to choose between mail ballots and walk-in voting.

Rationale for:

Mail ballots are expensive due to the large amounts of paper and envelopes required.  Preparation of balloting materials takes a lot of time and labor.  Walk-in balloting would speed up the election process considerably and result in substantial cost savings.

Rationale against:

Has a depressing effect on participating because election turnout is considerably less with walk-in voting than with mail ballots.  Is less convenient.

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III.  Procedure for changing the dues rate

(Article IV, section D, parts 1-3.)

            1.         The Executive Board shall propose a dues rate to the Annual Meeting.  Within 45 days after the Annual Meeting, the Executive Board may call a special Membership Meeting to discuss and vote on a proposed dues increase and any other important issues.  If 2/3 of the members attending the meeting vote in favor of a change in dues, it will take effect immediately.

            2.         If the Annual Meeting recommends adjustment of the dues rate, said recommendation shall be put to a vote of the membership.

            3.         A recommendation shall be adopted if a majority of those members voting cast ballots in favor.

This would change the nature of setting dues rates for the USA portion of the annual dues.  Instead of having the Executive Board recommend a dues increase to annual meeting which could approve it and send it to a vote of the membership, the Executive Board would hold a special membership meeting within 45 days after the Annual meeting, at which members attending would have the power to change the dues rate.

Rationale for:  Streamlines the process of approving dues rate changes, allowing the Association to react to fiscal emergencies and notify the Administration in a timely manner.  Provides an opportunity for a large USA constituency to discuss and vote on important issues.

Rationale against:

Makes it more difficult for individual members to vote in dues increases, requiring them to attend a meeting to do so.  Sets a precedent for membership voting that is limited to those who can attend the meeting.

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IV.  Clarify methods for establishing committees and appointing committee members and chairs

(Article 6, Section C)

The Executive Board shall…

            5.         Establish special or ad hoc committees and task forces guided by a specific charge. 

(Article 6, Section D)

The President shall:…

            5.         With the advice and consent of the Executive Board, make recommendations for appointments to University committees, boards and contract committees, and appoint members to or fill vacancies of:…

                        c.         Union Standing, Special and Ad hoc Committees and task forces

            6.         With the advice and consent of the Executive Board, make recommendations for appointments to University committees and boards.

(Article 8, Section A)

            The Judiciary shall be composed of five (5) members.  The term of office shall be for three years.  Members may be reappointed.  The appointments shall be made by the President and approved by two-thirds (2/3) of the full Executive Board no sooner than thirty (30) days after the Annual Meeting.  The Judiciary shall elect one of its members to serve as chair.

(Article 9, Section C)

            The Elections Board shall:

            1.         Elect one of its members to serve as a chairperson.

(Article X, Section C)

Committee members shall elect a chair from its members, unless the President, with the advice and consent of the Executive Board, appoints one.  This section does not apply to Each committee shall elect a chairperson from its members with the exception of those committees whose chairs are specified in the Constitution.  The USA President and Vice President shall serve as ex officio members of all standing committees.

(Article X, Section E)

            The President shall forward to the Chancellor, with the advice and consent approval of the Executive Board, the names of members to represent the Union on University committees/councils and statewide committees.  The President, with the advice and approval of the Executive Board shall forward to the appropriate Administrative authority, the names of members to represent the Union on contract committees.

(Article X, Section H - new section)

The Executive Board may organize from the membership of the Union special committees, ad hoc committees and task forces for special activities and specific tasks.  Committees shall be guided by a specific charge.  They may be designated as continuing committees or have an established sunset date. 

This article clarifies that committee members are appointed by the president with the advice and consent of the Executive Board, that committees elect a chair (unless the President (with the advice and consent of the executive board chooses to elect one), and that boards elect a chair from their members as chair.  Establishes a similar procedure for appointing members to contract committees and recommending members to University committees. Also clarifies the method by which the Executive Board may form special and ad-hoc committees and task forces.

Rationale for:

Provides flexibility in the manner in which committee chairs are appointed.  Makes the language more consistent and in line with current practice. Clarifies lines of communication and assures committee membership will have the knowledge/skills to successfully meet goals

Rationale against:

It would be possible for the president to overrule the committee members’ wishes regarding its leadership. 

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V.  Clarifying the duties of certain committees and the Judiciary:

(Article X, Section G)

            2.         The Negotiations Committee shall solicit feedback from the membership regarding issues and concerns related to the USA Contract, and to discuss proposed changes to be presented to the Administration during contract bargaining.  It shall choose several of its members to serve on the nominate from among its members candidates from whom the Negotiations Committee shall elect the Bargaining Team.  …

            5.         The Human and Civil Rights Committee shall plan, develop and promote activities as appropriate to further the civil and human rights of employees and other members of the University community, address issues relating to classism, promote diversity and to establish effective cooperative relationships among employees and the University, students, faculty and community organizations.

            10.        The Educational Affairs Committee shall develop and/or coordinate proposals for the continued education of Union members, including proposals related to the Career Ladder Development and Workplace Education Programs and the reallocation reclassification process.

(Article VIII, Section C)

            5.   A negative finding and/or penalty may be appealed within ten (10) working days of the receipt by the respondent of the certified judiciary verdict (see Article XI, section E,1.).  Such an appeal shall take the form of a referendum directly to the membership who will be asked to vote for either upholding or overturning the verdict/penalty.  Upon receipt by the Executive Board of a written appeal from the respondent, the Executive Board shall notify the Elections Board of the appeal, and the Elections Board shall conduct a referendum.  The complainant and defendant shall both have the opportunity to present their cases in writing, which will be provided to the membership along with the written Judiciary decision and the announcement of the referendum election.  The membership will be asked to either uphold or overturn the Judiciary decision as written. A negative finding and/or penalty may be appealed.  Such appeal shall take the form of a referendum directly to the membership (see Article XI, section E,1.) 

This change gives a charge to the Negotiating Committee, adds duties to the Human and Civil Rights Committee (relating to classism and promotion of diversity), corrects the name of a University program that the Education Committee works with describes in greater detail the tasks carried out by various committees, updates some committee names, and brings the constitution in line with current practice, and deletes a redundant line under Judiciary section which appears elsewhere in the Constitution.  These changes will bring the Constitution into conformity with current practice.

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VI.  Changes to the duties of USA Officers:

(Article 6, Section D)

The President shall:…

            11.        Be a member of the Negotiations Committee and the Bargaining Team.

(Article 6, Section E)

The Vice-President shall…

            8.         Be a member of the Negotiating Committee and the Bargaining Team.

            9.         Act as committee liaison and coordinator.

            10.        Serve as Assistant Treasurer

 (Article 6, Section F)

The General Secretary shall:

            7.        Be a member of the Membership committee.

(Article 6, Section G)

The Membership Secretary shall…

            7.         Be a member of the Serve as Chair of the Membership Committee and be a member of the Finance Committees.

(Article 6, Section H)

The Treasurer shall...

            1.       Hold the funds of the Union and disperse disburse them in accordance with the approved budget.

            13.       Serve as chairperson of the Finance Committee and be a member of the Membership Committee.

(Article 6, Section J)

The Grievance Officer shall:

            5.         Serve as an advisor to the Steward's Council.

(Article 7, Section D)

            4.         One Member at Large and the grievance Officer shall serve the Stewards Council to advise, assist, inform, and act as liaisons between the Stewards Council and the Executive Board.

(Article 6, Section K)

Members at large shall…

                        b.         Serving as liaison between the Executive Board and Stewards Council and advisor to the Stewards Council

                        c.         Serving as coordinator of special projects, and Reclassification Officer.

                        d.         Serving as committee coordinator.  Health and Safety Chair or Co-Chair

                        e.         Serving as an advisor to the stewards Council.

(Article X, Section G)

            2.         … The President, Vice President and the Grievance Officer shall be members of the Negotiations Committee and Bargaining Team ex officio.  Negotiations in progress shall be reported to the Executive Board on a regular basis.  The Bargaining Team shall prepare and submit its reports and recommendations to the membership at a ratification meeting upon reaching a tentative agreement on all matters under negotiation.  Procedures for ratification shall be in accordance with the provisions of Chapter 150E of the Massachusetts General Laws.

            3.         The Membership Committee shall organize and conduct enrollment among non-members, develop and conduct programs for the orientation of new employees and assist the Membership Secretary in keeping accurate records pertaining to the membership of the Union.  The Membership Secretary shall serve as Chair, and the Treasurer and General Secretary shall be ex officio members…

            6.         The Health and Safety Committee shall be concerned with all matters affecting the work site environments of the members.  Furthermore, it shall take appropriate measures to ensure that the interests of all members and employees are served and protected in a responsive manner.  The committee shall be chaired by a Member at Large from the Executive Board…

            9.         The Grievance Committee shall organize and expedite all grievances from first step through arbitration.  It shall develop and refine the grievance process.  The Grievance Committee shall consist of the grievance Officer, the Reallocation Reclassification Officer and the Chief Stewards.

(Article VII, Section C)

            4.         One Member at Large and the grievance Officer shall serve the Stewards Council to advise, assist, inform, and act as liaisons between the Stewards Council and the Executive Board.

(Article VII, Section D)

            2.         Represent a ratio of one Chief Steward for approximately every four five districts.

            5.         Assist Stewards in his/her their jurisdictions in carrying out Union business when needed.

Assigns several new duties to various USA Officers:  (1) President (Negotiations Committee); 2. Vice President (Negotiations committee, Assistant treasurer); (3) General Secretary (Membership committee); (4) Membership Secretary (Serve as CHAIR of Membership committee); (5) Treasurer (Membership Committee); Members at Large (Advisor to Stewards Council, Reclassification Officer, Chair of Health & Safety Committee).  Removed a duty from the Grievance Officer (advisor to Stewards Council), and corrected a typo (change “disperse” to “disburse” for treasurer’s duties.)  Reallocation Officer renamed Reclassification Officer.

Rationale for:

Brings the Constitution into conformity with current practice.  Clarification and refinement of duties

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VII.  Clarify meeting requirements for committees

(Article X, Section C)

            Each standing committee shall meet as needed, but preferably on a regular basis and at least once every six months regularly. Special meetings may be called by the chairperson.  No non-unit employee or other non-member may attend Union standing committee meetings without the approval of the Executive Board.  The members of a committee which fails to adhere to this requirement may be suspended from the committee.

Encourages committees to meet regularly and mandates meetings at least once every six months.  Limits the restriction on non-members attending committee meetings without prior approval of the Executive Board to standing committees.

Rationale for:

Establishes a measure of accountability for committees by encouraging them to meet regularly, which has been a problem in the past.

Rationale against:

Could force committees to meet more often than necessary when not enough business requiring a meeting.

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VIII.  Lengthening the balloting period

(Article 10, Section C, Part 2

            p.        Ensure that the nomination and balloting period is no longer than thirty (30) working days for  walk-in voting and forty (40) days for mail balloting.

            q.        Count ballots within two working days forty-eight (48) hours after the balloting deadline.

Extends total nomination/election period from 30 to 40 days, extends deadline from end of balloting period to ballot counting from 48 hours to two working days.

Rationale for:  It is difficult to conduct balloting within the time constraints due to the time needed to contact nominees, prepare and mail balloting materials and schedule a vote counting time. This would provide adequate time for the complete balloting process to be completed.  Also provides more time to recruit volunteers for the ballot counting process.