1 Local 7325 Constition/By-Laws-Approved April 19, 2023 CONSTITUTION AND BY - LAWS OF EDUCATION MINNESOTA OSSEO Local 7325 EDUCATIONAL SUPPORT PROFESSIONALS April 2023 2 Local 7325 Constition/By-Laws-Approved April 19, 2023 CONSTITUTION OF THE EDUCATION MINNESOTA OSSEO EDUCATIONAL SUPPORT PROFESSIONALS Revised/Approved April 19, 2023 PREAMBLE We, the members of Education Minnesota - Osseo Educational Support Professionals (ESP), National Education Association (NEA), and American Federation of Teachers (AFT), believing that the active participation of Educational Support Professional members is essential for sound education in a democratic society, have joined together, as herein defined in this Constitution and Bylaws, for the purpose of exerting a collective and positive influence on education at Osseo School District, Independent School District #279. Education Minnesota - Osseo Educational Support Professionals shall provide a united voice for public education, leadership in education innovation, dedication to Minnesota students and families, and an unwavering commitment to the welfare of our members. Education Minnesota - Osseo Educational Support Professionals shall be a local organization that provides professional service to members by building and maintaining a strong, effective local, and by promoting instructional advocacy. Education Minnesota Educational Support Professionals shall be committed to democracy in the workplace and within the organization. If any provisions of this Constitution and Bylaws conflict or violate the Constitution and Bylaws of Education Minnesota, NEA, or AFT/American Federation of Labor and Congress of Industrial Organizations (AFL/CIO), the provisions of the state and national organization shall supersede those contained herein. ARTICLE I AFFILIATIONS Education Minnesota - Osseo Educational Support Professionals is affiliated with Education Minnesota, the American Federation of Teachers, the National Education Association, and the AFL-CIO in accordance with the provisions of the constitution and bylaws of these bodies. Individuals will be members of Education Minnesota, the American Federation of Teachers, and the National Education Association. 3 Local 7325 Constition/By-Laws-Approved April 19, 2023 ARTICLE II MEMBERSHIP Membership of Education Minnesota - Osseo Educational Support Professionals shall be in accordance with the Constitution and Bylaws of Education Minnesota, NEA, and AFT. The membership year shall be September 1 through August 31. No one shall hold office in Education Minnesota - Osseo Educational Support Professionals, who is not an active member of Education Minnesota, NEA, and AFT. A bargaining unit member who chooses not to join as a member will be considered a potential member. Potential members will not be eligible to run for or hold any office, to receive appointment to any position, vote in any election or ratification or MOU and strike votes, complete negotiations surveys and other local-conducted surveys, attend local events, trainings (professional development), or meetings, receive communication from the local (emails, newsletters, etc.), be appointed or represent the local on district teams and committees, and shall not be eligible to attend any membership meeting (Fall or Spring). Potential members may not make donations to Education Minnesota - Osseo Educational Support Professionals (ESP) in lieu of becoming a member.” If for any reason there is conflicting information about these rights in any other governance or policy documents, this [section/article] takes precedence. ARTICLE III OFFICERS AND THEIR ELECTION SECTION 1. The officers shall be members of this Educational Support Professionals unit, Education Minnesota, American Federation of Teachers, and National Education Association. Officers shall include a President, Vice President, Secretary, Treasurer, and Member Right’s Advocate Representative. SECTION 2. The officers shall be elected by written or electronic ballot. The voting period shall not commence prior to the Spring Membership meeting. SECTION 3. Officers shall serve a term of two years commencing on July 1. If the office of President becomes vacant, the Executive Board will appoint an elected or appointed current local leader to serve the remainder of the President’s term. Any officer vacancy which occurs following the annual election, shall be filled through appointment by the Executive Board. The President, the Secretary, and the Member Right’s Advocate Representative shall be elected in odd years. The Vice President and the Treasurer shall be elected in even years. A majority of the Executive Board will decide the appointment, if 4 Local 7325 Constition/By-Laws-Approved April 19, 2023 there is a tie among the Executive Board to fill a vacancy the President shall make the appointment. SECTION 4. Election Procedures: applicable state and federal laws shall govern all elections. 1. Each active member must receive at least 15 days’ notice of the procedures and deadlines to file as a candidate for the election and the date, time, and place of the election. 2. Every active member must have a fair and equal opportunity to participate in the election without unreasonable impediments. 3. Voting must be by secret ballot. 4. In a contested election, candidates must be allowed to station observers at the polling places. 5. Representatives of the competing candidates should be allowed to observe, but not actually participate in, the tabulation of ballots. 6. Any used ballots, unused ballots, and challenged ballots, envelopes used to return ballots, and any other documents related to the election, should be safely stored for one year in case there is a challenge to the election. 7. No Union funds may be used to support any candidate. 8. The Union should approve and comply with reasonable requests to distribute campaign literature at the candidate’s expense through school mailbox. 9. Candidates have the right to the membership list, within 30 days, prior to the election. No candidate can have preferential access to the list. Local will notify candidate(s) of the election process. 10. There shall be an open nomination process for all elections. 11. If there is only one candidate for a position, the election for the position may be waived, and the candidate declared elected. In order to waive such an election, a reasonable period of time must have been provided for nominations and there shall be no provision allowed for write-in votes for any election. 12. Ballots will be tabulated, by at least (3) three neutral members to be appointed by the executive board, after the voting has closed. Results will be shared after tabulation. 13. Executive Board will designate a board member who is not running for election that year to organize the nomination/voting process on new elected seats. 14. The Executive Board shall send out the results to Site Leaders within 3 business days following the election. 5 Local 7325 Constition/By-Laws-Approved April 19, 2023 ARTICLE IV CONTRACT RATIFICATION AND STRIKE VOTE SECTION 1. The ratification of the Master Contract between the local and the school district shall be by a majority vote of ballots cast by members. The vote shall take place at least ten (10) business days after the contract changes have been given to the membership. The vote shall be conducted by secret ballot, and all members of the local shall have the right to vote. A majority of those voting is necessary to approve the contract. SECTION 2. In the event that a contract cannot be reached between the local and the school district, the local shall conduct a strike vote at its discretion. Such strike vote shall be conducted at a general membership meeting called expressly for that purpose. The vote for a strike shall be by secret ballot. Eighty percent (80%) of the membership voting must approve the strike action. Subd. 1. If a tentative agreement takes place while members are involved in a strike, only members of the bargaining unit, who participate in the strike, shall be eligible to vote on the proposed master contract. Subd. 2. When a tentative agreement is proposed, the President, or an appointed, appropriate, local available officer, shall be authorized to call a vote for the purpose of ratifying the proposed agreement. Eligible members shall be notified within five business days of the tentative agreement. The vote shall be held no later than ten business days after the date of the proposed tentative agreement. Included with the notice will be an outline summary of the negotiated changes in the Master Contract. A majority of those voting is necessary for approval of the agreement. SECTION 3. During a strike or in the event of an emergency, the Executive Board shall have the authority to establish alternative timelines for notification and balloting. 6 Local 7325 Constition/By-Laws-Approved April 19, 2023 ARTICLE V VOTING PROCEDURES SECTION 1. All votes of the membership in regard to contract ratification, strike votes, memorandums of understanding, and officer elections shall be by secret ballot. Votes may be cast by written and/or electronic ballot. The Executive Committee shall determine the period and method of voting. SECTION 2. Only members of this Union shall be allowed to cast a ballot. ARTICLE VI MEMBER DISCIPLINE SECTION 1. Disciplinary action in the form of censure, suspension, or permanent expulsion shall not be taken against any member, except for cause. Cause shall relate to conduct prejudicial to the purposes of the local, which may include any one or more of the following: 1. Failure to remain a member in good standing with Education Minnesota, National Education Association, and American Federation of Teachers. 2. Violation of a local policy in crisis situations affecting the entire school district. 3. Other good and sufficient cause whereby the conduct of the member would be prejudicial to the purposes of the local. SECTION 2. Such action shall be initiated by a complaint of a majority of the Officers of the local, with written notice to the member of the proposed action to be taken and the reasons thereof. Such notice shall also include the statement that the member has ten (10) business days in which to request a hearing before the local Executive Board, or a special local discipline committee, at which the member is entitled to a representative of his/her choice to answer the charges and examine those making them. SECTION 3. The hearing will be private or public at the choice of the member being disciplined. The decision, by a simple majority, shall be communicated in writing to the member, accompanied by a memorandum of finds of fact, within ten (10) business days of the close of the hearing. A tie vote shall indicate no action will be taken. 7 Local 7325 Constition/By-Laws-Approved April 19, 2023 SECTION 4. Any member censured, suspended, or expelled under these provisions shall have the right of appeal to the full membership or representative assembly, if applicable, within ten (10) business days of receipt of the decision. The appeal hearing shall be presided over by the local President, who shall grant a procedure, which includes witnesses and right of cross-examination. A quorum shall be present. The decision shall be made by secret ballot, with a simple majority, of the membership present and voting. In the case of a tie, with the President voting, no action shall be taken. SECTION 5. Action to expel or suspend shall be communicated to Education Minnesota. SECTION 6. A member who is expelled or suspended from membership in the local shall have the right of appeal to the Education Minnesota Governing Board in accordance with such policies and procedures as the Board may adopt. SECTION 7. Appeal to the American Federation of Teachers and National Education Association shall be governed by the policies and procedures adopted by the AFT/AFL-CIO and NEA. SECTION 8. Lawsuits: No person shall initiate a civil action suit or proceeding in any court against the local, or any of its officers, members, or employees on account of any discipline unless such person has exhausted the remedies of hearing and appeal as provided in this Constitution. ARTICLE VII AMENDMENTS SECTION 1. Amendments to this Constitution may be introduced at any regular or special meeting of the local and may be adopted by a two-thirds vote of the members present at the next regular meeting. SECTION 2. Bylaws may be adopted or repealed at any regular or special meeting by a two-thirds vote of the members present and voting. 8 Local 7325 Constition/By-Laws-Approved April 19, 2023 BYLAWS OF THE EDUCATION MINNESOTA OSSEO EDUCATIONAL SUPPORT PROFESSIONALS Revised/Approved May 20, 2020 ARTICLE I RULES OF PROCEDURE SECTION 1. Robert's Rules of Order, Newly Revised, shall be the authority on all questions of procedure not specifically described in the Constitution and Bylaws. ARTICLE II EXECUTIVE BOARD SECTION 1. The Executive Board shall have full governing powers of the unit and shall have the authority to conduct business between general membership meetings. SECTION 2. The Executive Board shall consist of the Officers. SECTION 3. The Executive Board shall meet at the call of the President or at the request of a majority of Executive Board. ARTICLE III DUTIES OF THE EXECUTIVE BOARD SECTION 1. Set a proposed annual budget, examine bills of the unit, and recommend payment or non-payment. SECTION 2. Appoint committees and committee chairpersons. 9 Local 7325 Constition/By-Laws-Approved April 19, 2023 ARTICLE IV DUTIES OF OFFICERS SECTION 1. The President shall preside at all meetings of the local and is entitled to sit ex-officio with any committee of the local and perform the duties as prescribed in the Constitution and the Bylaws. The President shall be the Chief Executive Officer with the power to sign documents on the local's behalf and shall be the chief spokesperson for the local. SECTION 2. The Vice President shall preside in the absence of the President at all meetings of the local. The Vice President is entitled to sit ex-officio with any committee of the local. In the event the President is unable or unwilling to perform the duties of President, the Vice President shall be acting President. SECTION 3. The Secretary shall file this Constitution and the Bylaws. The Secretary shall conduct correspondence as directed by the President or the Executive Board and is entitled to sit ex-officio with any committee of the local. He/She shall keep all records, including the minutes of meetings, and shall distribute copies of minutes and agendas to the appropriate bodies. SECTION 4. The Treasurer shall assist the Executive Board in preparing a budget. The Treasurer is responsible for receiving and disbursing funds, keeping an accurate record of all transactions, and submitting a current financial report to the Executive Board and the general membership. SECTION 5. The Member Right’s Advocate Representative shall have the responsibility to protect member rights, investigate allegations of violations to legal, ethical and contractual rights, and conduct grievance processing. 10 Local 7325 Constition/By-Laws-Approved April 19, 2023 ARTICLE V POWERS OF GENERAL MEMBERSHIP (Dues and Budget) SECTION 1. State and national dues will be assessed in accordance with the dues categories and policies of Education Minnesota, AFT, NEA and AFL-CIO. SECTION 2. Local membership dues shall be determined by Education Minnesota Osseo Educational Support Professionals in the following manner: 1. The annual dues of this unit are collected through payroll deduction. 2. If a proposed change, the unit shall determine annual dues by a simple majority vote of the members present at the first regular meeting. 3. Members shall pay unified dues, which shall include membership in this unit, Education Minnesota, the American Federation of Teachers, the National Education Association, and the AFL-CIO. 4. Additional special assessments may be requested by the unit members upon the presentation of valid need. The approval of the assessment must pass by two-thirds of the voting membership. 5. Union funds shall not be used for the benefit of any member; however, the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in accordance with Union business. ARTICLE VI MEETINGS SECTION 1. A minimum of two membership meetings shall be held during each school year, one in the Fall and one in the Spring. SECTION 2. The Executive Board shall meet at least (10) ten times throughout the year. SECTION 3. Special meetings of the unit shall be held at the call of the President, or by a majority vote of the Executive Board, or by petition duly signed by a majority of members. SECTION 4. The meeting for the election of officers shall be in the Spring. 11 Local 7325 Constition/By-Laws-Approved April 19, 2023 ARTICLE VII QUORUM SECTION 1. A quorum for the Executive Board and all committees shall consist of a simple majority of those elected and/or appointed to that body. SECTION 2. A quorum for the general membership shall be five percent (5%) of the local's members. ARTICLE VIII COMMITTEES SECTION 1. The Negotiations Committee shall be comprised of up to seven members. The Negotiations Chair shall be appointed by the Executive Board. SECTION 2. There shall be a Nominations Committee appointed by the Executive Board. SECTION 3. There shall be a Scholarship Committee appointed by the Executive Board. The Treasurer shall be an ad hoc member. SECTION 4. There shall be a Membership Committee appointed by the Executive Board. SECTION 5. The Executive Board shall establish other special committees as needed. ARTICLE IX AMENDMENTS Bylaws may be adopted, amended, or repealed at any regular or special meeting by a two-thirds vote of members present and voting.