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 USFFA-PT FACULTY ASSOCIATION

 CONSTITUTION AND BY-LAWS (Revised 4/12/12)

  

The Constitution of the USFFA-PT Faculty Association

I.          Name

           

This organization shall be known as the USFFA-PT Faculty Association, part-time Unit, Local 4269 of the American Federation of Teachers/California Federation of Teachers. AFL-CIO.


II.         Objectives

 

The objectives of the USFFA-PT Faculty Association shall be:

(1)           To represent the members of the Association for the purposes of collective bargaining.

(2)           To secure the economic and material well being of the faculty.

(3)           To promote and protect the academic freedom of the faculty

(4)           To exercise a voice in the allocation of the University resources.

(5)           To promote the educational and professional excellence of the University  and its part-time faculty.

        (6)           To foster and protect the rights of the individual under the contract.

        (7)           To advance the Jesuit educational tradition as embodied in the University’s statement of Mission and Goals.

                                (8)           To do all things necessary for the advancement of these and any other  objectives which may be deemed appropriate.

 

III.        Membership

 

(1)           All non-law adjunct teaching faculty, except those with conscientious objector status. 

(2)           Members on leave of absence.

(3)           Preferred Hiring Pool (PHP) members who have not been offered employment in a given semester but retain seniority rights.

 

IV.        Affiliation

           

(1)           The USFFA-PT Faculty Association shall be affiliated with the California Federation of Teachers (CFT), AFL-CIO, which is an affiliate of the American Federation of Teachers (AFT), AFL-CIO, and shall be known as the part-time unit of the Local 4269 of the American Federation of Teachers.  The USFFA-PT Faculty Association shall also be a member of the San Francisco Labor Council, AFL-CIO, and the California Labor Federation, AFL-CIO.

(2)           No part of the Constitution, by-laws, policies or proceedings of the USFFA-PT Faculty Association shall stand in contradiction to the constitution and the by-laws of the American Federation of Labor and Congress of Industrial

Organizations, American Federation of Teachers (AFL-CIO), California Federation of Teachers (AFL-CIO).

V.         Dues

 

(1)           Dues for a full association membership status shall be one percent of each member’s course unit earnings.

(2)           Service fee status (non-participating members) does not entitle adjunct faculty to voting rights.

(3)           For those who choose conscientious objector status, an amount equal to one percent of course unit earnings will be contributed to a USF student scholarship fund. (See Article 7 of contract.)

 

VI.  Membership Meetings

 

Membership meetings shall be scheduled at least once every semester. Notice of meetings shall be communicated to the membership no less than seven days prior to meeting date.  Meetings shall be open to all adjunct faculty, but only full members can vote.

 

VII.       Officers and Duties

           

(1)                   The Executive Board shall be composed of a president and two vice-presidents, with the terms beginning July 1, 2007.  There will be no other officers.  Applicants must have been full members of the Association for two years before running for election. The Executive Board will conduct the affairs of the Association subject to the advice and consent of the membership.

(2)                    Members of the Executive Board will divide the following duties according to their skills and abilities.  This list does not cover all of the tasks that may come up during their term of office:

 

a.     Initiate the Distinguished Adjunct Professor Award each year and over see the Committee

b.     Constitute the Negotiation Team

c.     Lead negotiations

d.     Keep membership informed of the negotiation process

e.     Oversee the Election Committee

f.      Represent the USFFA-PT Faculty Association at bi-monthly USFFA policy board meetings

g.     Prepare a newsletter each semester and communicate it to the membership

h.     Prepare agenda and notify the membership of each membership meeting and set up meetings

i.      Share responsibilities for conducting each membership meeting

j.      Record and publish minutes of each membership meeting

k.     Keep current email addresses and other membership data

l.      Notify the membership of other activities or concerns that may be relevant

m.   Conduct membership drives

n.     Arrange for and supervise clerical staff as needed

o.     Oversee the Association’s budget

p.    Organize and conduct PHP Application Workshops as deemed appropriate

q.     Set up additional workshops when necessary

r.      Participate in on-going communications with the Director of Labor Relations and others in the USF administration 

s.     Respond to communications from the membership

t.      Implement the contract provisions

u.     Participate in regular Executive Board and Policy Board meetings

v.     Implement policies created by policy board

w.   Serve as liaison between Association members and the administration

x.     Consult with the Association’s legal counsel when necessary

y.    Communicate with AFT & CFT representatives

z.     Communicate with the full-time unit

aa.   Create and maintain the USFFA-PT website

bb.  Manage the USF Connect group discussion board

cc.   Maintain Association records and files

dd.  Represent members at grievances and constitute the Grievance Committee:

 

(1)           To process grievances under the terms of the Collective Bargaining Agreement.

(2)           To accomplish its purpose, Executive Board shall assume necessary duties and functions as appropriate, including, but not limited to, the following:

 

(a)         Receive complaints brought forward by its members on appeal from STEP 2.

(b)        Collect data and initiate other fact-finding necessary to properly identify the issues at stake.

(c)         Meet as a body to evaluate grievances brought forward as to their merits, timeliness, and arbitrability.

(d)        Consider all grievances, whether arbitrable or not, and decide, on the basis of specific circumstances involved in each specific dispute, which grievances        are to be moved to higher levels of the grievance procedure.

(e)         Prepare cases that are recommended for presentation to arbitration.

(f)         Retain jurisdiction over all grievances received, including the right to submit grievances to higher levels and the right to withdraw the grievances from further consideration at any time.

(g)        Initiate grievances on behalf of the Association         

 

            (3)        The Executive Board shall receive stipends set by the membership (see By-laws).

            

(4)       The Executive Board may appoint special representatives at times who will take on extra responsibilities for which they are paid an honorarium. 

(5)       In the event of a vacancy on the Executive Committee, the remaining two Executive Committee members shall appoint a replacement from the         Policy Board. The appointee shall fulfill the remainder of the Executive Committee term that was vacated.

Should no Policy Board member be able to fill a vacancy on the Executive Committee, the remaining two Executive Committee members shall appoint any full member of the Association to the Policy Board vacancy.  In the event of two vacancies on the Executive Committee, the remaining member of the Executive Committee shall appoint two replacements from the Policy Board.

Should no Policy Board members be able to fill a vacancy on the Executive Committee, then the remaining member of the Executive Committee shall appoint any one or two full members of the Association in consultation with the Policy Board. The appointees shall fulfill the remainder of the terms which were vacated.

Should three vacancies exist at the same time on the Executive Committee, the Policy Board shall appoint three members of the Policy Board to the Executive Committee. The appointees shall fulfill the remainder of the terms that were vacated. If the Policy Board is unable to appoint three of its remaining members to fill the vacancies, these Policy Board members shall fill the vacancies remaining with any full members of the Association until the next regular election.   

 

VIII.      Policy Board

 

               Duties:

 

The Policy Board’s duties shall be to create policies that promote the objectives of the Association at regularly scheduled meetings.  The Board will meet no less than twice a semester.  Three members shall be from Arts & Sciences and one each from the School of Nursing, the School of Ed, and the School of Business.  Five members shall constitute a quorum.  

 

Composition:

 

The Policy Board shall be comprised of Executive Board members and representatives from each college.  There shall be nine Policy Board members altogether, and candidates shall stand for election, beginning in Spring 2007, coinciding with the Executive Board elections.  Candidates must be full members of the Association for a minimum of one year before running for election.   Each member will serve a two-year term.   

 

Stipends:

 

Stipends for the Policy Board members shall be set by the membership. 

 

IX.                    Negotiating Team

 

(1)           The Negotiating Team shall consist of the Executive Board and no more than two members chosen by the Executive Board in consultation with Policy Board. 

(2)           The Negotiating Team shall be responsible for dealing with the Administration for the determination of all matters concerning wages, benefits, and conditions of employment to be embodied in the contract specifying the relationship between members of the Association and the University.

(3)           The Negotiating team shall negotiate from the demands developed by the Executive Board and Policy Board and approved by the membership.

(4)           The Negotiating Team may draw upon professional assistance to help with negotiations.

(5)           The results of the Negotiating Team’s efforts at the bargaining table shall be presented to the membership for ratification.

(6)           The Negotiating Team shall report regularly to the membership.

(7)           The Negotiating Team may invite members of the Association to attend negotiations.

 

X.        Other Committees of the USFFA-PT

 

(1)        Name:  This committee shall be known as Distinguished Adjunct Professor Award Committee.

(2)        The Distinguished Adjunct Professor Award shall not be awarded to a member more than once every five years. 

(3)        Purpose

(a)                The Distinguished Adjunct Professor Award Committee shall be   composed of at least four USFFA part-time faculty members.  The committee will be composed of awardees from the two previous years.

(b)               In the event that previous recipients cannot serve, then the Executive Board shall request that other previous recipients serve on the committee.

(c)                If the administration elects to participate in selecting the awardee,  the Distinguished Adjunct Professor Award Committee shall serve as the          Association’s representative to a joint university-wide committee to confer this award.

(d)                After receiving written nominations from the members of the university faculty, student body, and alumni, the Distinguished Adjunct Professor             Award Committee will meet to select the recipient of the award.  Their decision shall be made no later than April 30.

(e)                The Distinguished Adjunct Professor Award Committee shall publish criteria for the selection of the recipient of this award.

(f)                 The amount of the purse for this award shall be subject to the Collective Bargaining Agreement.

 

X.         Amendments

 

Amendments to the Constitution shall be subject to approval by a simple majority of voting members.   A ballot shall be sent to members within 30 days of the time the members receive the proposed amendments.

 

 

 

By-Laws of the USFFA-PT Faculty Association

I.         Name

 

This body shall be known as the USFFA-PT Faculty Association

       II.         Purpose (See Constitution)

       III.        Membership  (See Constitution 

       IV.        Officers and Duties  (See Constitution)

       V.         Stipends

 

            The stipends for the Executive Committee shall be set by a minimum formula of one third of the PHP undergraduate rate for 16 units per year and no more than one half of 16 units per year, effective July 1, 2007.

 

VI.        Membership Meetings  (See Constitution)

 

        VII.       Election and Recall Procedures

 

(1)        Elections:

 

(a)            The USFFA-PT Association shall conduct all necessary elections of officers and committee members according to the procedures outlined in this Article.

(b)           Dues must be deducted at least 30 days prior to an election in order for an adjunct faculty to become a voting member of the association.

(c)            The Executive Board and Policy Board shall create an election committee of at least three members.  No candidate shall serve on the Election Committee.

(d)           Elections will be held every two years.  The two-year term begins and ends June 30.  Elections shall be held no earlier than April 1 and no later than April 30.

(e)            Elections shall be held (1) to fill a vacancy due to untimely resignation, recall, or death.

(f)            When an unanticipated vacancy occurs, the Executive Board shall immediately appoint an individual to serve the duration of the term.

(g)            The Election Committee shall begin its election procedures for members of the Executive Board and Policy Board by soliciting names of eligible individuals interested in serving.  This procedure shall be initiated not less than two (2) weeks prior to the circulation of the ballot.

(h)           Candidates for election may write short, optional platform statements for inclusion on the ballot. The statement may include a short biography, policy views or other relevant information for the voters. 

(i)             The Election Committee shall issue blank ballots to all eligible to vote. Appended to each ballot shall be a list of all individuals nominated.

(j)             The Election Committee shall tally the votes cast and notify the constituency of the results.  The individual(s) running for the Executive Board receiving the greatest number of votes shall be the winner(s). The Policy Board winners shall be the top three candidates who receive the most votes running for Policy Board seats and who represent Arts and Sciences.  The other three Policy Board winners shall be one individual each from the School of Business, the School of Education, and the School of Nursing who wins the most votes.  In the case of a draw, a run-off election shall be held.

 

(2)        Recall Procedures:

 

(a)            Each Executive Board member is expected to carry out the duties of his/her office.  This includes regular attendance at meetings, and where appropriate, adequate representation of the views of his/her constituency.  Failure to adequately carry out the duties of office is grounds for recall.

(b)           The Election Committee shall conduct all recall proceedings according to the procedures outlined in this Article.

(c)            Upon receiving written permission from not less than twenty-five (25) percent of the membership, stating the case for recall, the Council shall immediately issue notice to the entire membership that this action has been initiated.

(d)           After one week, the Election Committee shall issue a recall ballot to the constituency.  Ballots shall be due one week after their issuance.

(e)            The Election Committee shall tally the votes cast and notify the constituency of the results. A two-thirds (2/3) majority of votes cast shall be necessary for recall.

(f)            In the case that the recall procedure is successful, procedures described in IX. (1.) d. shall be followed.

  

VII.       Subordination

 

No part of the USFFA-PT Faculty Association by-laws shall stand in contradiction to the Constitution of the USFFA-PT Faculty Association or to the Collective Bargaining Agreement.

 

VIII.      Parliamentary Authority

 

Robert’s Rules of Order, latest revised edition, shall be normative, but not binding.

 

IX.        Amendments to By-Laws

 

Amendments to the By-Laws shall be subject to approval by a simple majority of voting members.  A ballot shall be sent to members within 30 days of the time the members receive the proposed amendments