ARTICLE I NAME The name of
this organization shall be United University Professions, also referred
to in this Constitution as "UUP," the "Union," or
the "Local." ARTICLE II PURPOSE The purpose
of this organization shall be to improve the terms and conditions of
employment of those it represents; to promote mutual assistance and
cooperation among the members of this organization; to advance education
in a democracy and democracy in education; to promote the principle
of unity and collective bargaining in higher education; and to defend
the civil, professional, and human rights of those it represents. ARTICLE III MEMBERSHIP Section 1. Classes of Membership. There shall be the following classes of membership in United University Professions: a Regular Membership, open to employees in the State University of New York and in such other higher education units in the State of New York as shall be determined by the Delegate Assembly; b. Special Membership, either Retired or Sustaining; Sustaining members may vote but may not hold office at the Chapter, Local or Affiliate levels:
c. Associate Membership: Associate members may not vote in any Union election or in any referendum, except as may be specified for Associate members under the provisions of Article IX of this Constitution, nor may they hold elective office at the Chapter, Local, or Affiliate levels;
d. Honorary
Membership, without vote or the right to hold office in the Union, may
be granted to such persons as the Executive Board or the Delegate Assembly
may determine, in recognition of the service or dedication of such persons
to the purposes of this Union as specified in Article II of this Constitution. Section 2. Categories of Membership. Membership shall be of either of two categories, "academic" or "professional"; a. "Academic" members shall be those persons with academic rank; b. "Professional"
members shall be those persons with professional rank. Section 3. General Provisions. a. Membership status shall officially begin with the registration by the UUP office, either through receipt of a payroll deduction authorization card or of a letter of application accompanied by a dues payment; membership in good standing shall be maintained through payment of dues and shall officially terminate after a grace period of sixty days following the due date, except that any member who has retired may resume membership, in retired status, at any time; b. Membership shall be on a unified basis, as specified in Article XII of this Constitution; c. The membership year shall extend from September 1 through August 31 and shall coincide with the fiscal year; d. No discrimination shall be shown individual members or applicants for membership because of age, color, race, creed, religious faith, national origin, gender, sexual preference, marital status, handicap, or political activities or belief; e. An individual
must be a member in good standing to be nominated for, elected to, or
hold office in United University Professions. Section 4. Dues. a. Dues for membership may vary from bargaining unit to bargaining unit and among the classes of membership. b. Annual dues of United University Professions shall be assessed as follows: i. a. For Regular members whose salaries are at or above the minimum salary negotiated for the bargaining unit, one percent of the base annual salary, provided, however, that such members on leave without pay or temporarily off payroll shall be assessed for $25, prorated as appropriate, plus the equivalent of affiliate per-capita dues payments; b. For Regular members whose salaries are below the minimum salary negotiated for the bargaining unit, nine-tenths of one percent of the annual salary, provided, however, that such members on leave without pay or temporarily off payroll shall be assessed for $25, prorated as appropriate, plus the equivalent of affiliate per-capita dues payments; ii. For the special class of Retired members, dues shall be calculated prior to each fiscal year, and before adoption of the annual budget, using the following formula: a basic charge figured with reference to actual costs in support of retiree activities as derived from the most recent complete financial records, plus an amount for additional assessment for support of retiree programs as determined by the Committee on Active Retired Membership in consultation with its constituency and the Finance Committee; iii. For the special class of Sustaining members, $25 plus the equivalent of affiliate per-capita dues payments; iv. For Associate members, $25 plus the equivalent of affiliate per-capita dues payments, if appropriate; v. For Honorary
members, there shall be no dues. ARTICLE IV OFFICERS The officers
of this organization shall be a President, a Vice President for Academics,
a Vice President for Professionals, a Secretary, a Treasurer, and a
Membership Development Officer. Section 1. General Responsibilities of Officers. The officers
shall meet regularly and carry out the policy of the organization; shall
coordinate the activity of the organization's committees; shall report
to the Executive Board and the Delegate Assembly on the transactions,
activities, and accomplishments of the Union, as appropriate; and shall
serve as ranking delegates to the meetings of affiliate bodies by virtue
of their office. Section 2. Duties of the President. The President
shall preside over meetings of the Delegate Assembly and the Executive
Board; shall appoint the chairpersons and members of committees, subject
to the approval of the Executive Board; shall be a non-voting member
of all committees; shall be the administrative officer of the organization;
shall perform all other functions usually attributed to this office;
and he or she or a designee shall represent the organization before
the public or appropriate bodies. Section 3. Duties of the Vice Presidents. a. The Vice Presidents shall function under the direction of the President and shall have as their primary duties the analysis of the problems and concerns of the members of the categories they represent, such analyses to be presented to the Executive Board for appropriate action, and shall perform such other duties as may be assigned by the President; b. In the
event the President is absent or disabled, the Vice President from the
alternate category shall automatically assume the duties of the presidency
until such time as the Executive Board meets and appoints an Acting
President. Section 4. Duties of the Secretary. The Secretary
shall keep accurate minutes of all meetings of the Delegate Assembly
and the Executive Board; shall maintain official files, including, in
cooperation with the Treasurer, a roll of members; shall assist the
President with correspondence; and shall perform such other functions
usually attributed to this office as directed by the President or the
Executive Board. Section 5. Duties of the Treasurer. The Treasurer,
who shall be bonded by the organization, shall hold the funds of the
organization and be accountable therefor; shall, in cooperation with
the Secretary, maintain a roll of members; shall keep accurate accounts
of disbursements; shall report to each meeting of the Delegate Assembly;
shall prepare an annual financial statement for publication and distribution
to members as directed by the Executive Board; shall keep the President
and the Executive Board informed of the financial condition of the organization;
shall be a voting member of the Finance Committee, but shall not chair
it; shall dispense organizational funds in accordance with an annual
budget approved by the Delegate Assembly; shall make recommendations
to the Executive Board with respect to expenditures not provided for
in the budget for their authorization; shall in cooperation with the
Membership Development Officer, make recommendations with respect to
financial rebates to chapters, should such be budgeted; and shall perform
such other functions usually attributed to this office as may be directed
by the President or the Executive Board. Section 6. Duties of the Membership Development Officer. The Membership
Development Officer shall work to promote membership growth; shall present
to the Executive Board recommendations with respect to membership development;
shall serve, by virtue of the office, as a member of the Committee on
Active Retired Membership and as a member of the Membership Committee;
and shall perform such other membership-related functions as may be
directed by the President or the Executive Board. Section 7. Terms of Office and Election Procedures.
ARTICLE V EXECUTIVE
BOARD Section 1. Composition. There shall
be an Executive Board consisting of the officers and thirteen additional
persons elected by and from the body of the Delegate Assembly.
In addition, the Chair of the Committee on Active Retired membership
shall serve as a nonvoting member. Total membership on the Executive
Board shall reflect the approximate whole-number ratio by the categories
of membership on the rolls of United University Professions. The
Executive Board shall include no fewer than one member from each of
the five types of Chapters, as defined in Article VII, Section 4, of
this Constitution. No more than two members of the entire Executive
Board may be from the same Chapter. Section 2. Terms of Office and Election Procedures. a. Terms of office of members of the Executive Board shall be for two years and shall be staggered. b. Executive Board members shall be elected in accordance with the provisions of Article VIII, Section 4, Nomination and Election Procedures, of this Constitution.Section 3. Duties, Powers and Responsibilities of the Executive Board. The Board shall: a. Adopt an agenda for each Board meeting; b. Meet at least four times during the academic year and additionally as requested by the President or at the petition of one-third of the members of the Executive Board; c. Determine the time and place of the meetings of the Delegate Assembly; d. Recommend an Order of Business and Rules of Procedure to the Delegate Assembly; e. Execute written agreements on behalf of the Union; f. Employ staff and define their duties to accomplish the purposes of this organization; g. Implement policies established by the Delegate Assembly; h. Submit an annual budget to the Delegate Assembly and provide such financial statements as are appropriate; i. Act on extraordinary expenditures which may require modification of the budget, subject to the review of the Delegate Assembly; j. Approve appointments to committees, upon recommendation of the President; k. Fill officer vacancies on an acting basis until an election for the remainder of the term at the next regular Delegate Assembly; l. Adopt Rules of Procedure for its own operation; m. Recommend policy to the Delegate Assembly; n. By a three-fifths vote, initiate referenda and establish the procedures for the conduct thereof, in accordance with the provisions of Article IX, Referenda, of this Constitution; o. Investigate complaints concerning chapter elections and order that new elections be held or that other appropriate actions be taken; p. Act on
behalf of the Delegate Assembly in matters necessary to accomplish the
purposes of the Union. ARTICLE VI DELEGATE
ASSEMBLY Section 1. Composition. The Delegate Assembly shall consist of delegates from the Chapters of the organization, members of the Executive Board, Chairpersons of the Standing Committees, and one delegate elected by and from the Retired Membership of the organization. a. Delegates from the Chapters of the organization and members of the Executive Board shall be elected in accordance with the provisions of Article VIII, Nomination and Election Procedures, of this Constitution, and Chairpersons of Committees shall be appointed in accordance with the provisions of Article V, Section 3.j. of this Constitution. b. Each member of the Delegate Assembly, except Chairpersons of the Standing Committees, unless duly elected as delegates, or, in the case of the Chapters, a duly seated alternate delegate, shall be entitled to one vote; there shall be no proxy votes.Section 2. Duties, Powers and Responsibilities of the Delegate Assembly. a. The Delegate Assembly shall be the legislative and policy-forming body of this Union. Except for matters decided by referendum, final authority in this Union shall rest in the Delegate Assembly, and, in the case of matters decided by referendum, the Delegate Assembly may not take up such matter at a Delegate Assembly until the third regular meeting succeeding the referendum. b. The Delegate Assembly shall also:
ARTICLE VII CHAPTERS Section 1. Composition. Those members
in a given unit of United University Professions whose representatives
have been seated at any Delegate Assembly or for whom formation of a
chapter has been authorized by the Executive Board, subject to approval
of the Delegate Assembly, shall constitute a Chapter of United University
Professions. Section 2. Structure of the Chapters. a. Chapters shall develop their own structures and By-Laws, provided that no such structures or By-Laws are inconsistent with any provision of this Constitution; a copy of such By-Laws shall be filed with the Secretary of UUP, and any amendments shall be reported to the Secretary upon adoption; b. Each Chapter shall have, as officers, a President, a Vice President for Academics, a Vice President for Professionals, a Secretary and a Treasurer, or a Secretary/Treasurer, a Grievance Chairperson, a Part-Time Concerns Representative, a designee for Affirmative Action, and such other officers as shall be specified in the Chapter By-Laws, who, with the exception of the Grievance Chairperson, and the designee for Affirmative Action, must be elected in accordance with the provisions of Article VIII, Nomination and Election Procedures, of this Constitution, and provided that any Chapter may designate, in its By-Laws, other positions as elective; c. When there are no nominees for a position, and no individual who received write-in votes is willing to serve if elected, the office shall be declared vacant and shall be filled by appointment by the Chapter's governing body. Delegates to the Delegate Assembly and affiliate conventions must be elected. d. The officers of each Chapter shall arrange for meetings, for elections, for effective communication between the Chapter, the Delegate Assembly, and other appropriate bodies, and for such other Chapter activities as may be required to accomplish the goals of the Union; e. Each
Chapter shall periodically submit a fiscal accounting of its activities
to the Executive Board of UUP, on a form authorized by the Board. Section 3. Chapter Representation to the Delegate Assembly. Subject to the provisions of Article VIII, Nomination and Election Procedures, of this Constitution, Chapter representation to the Delegate Assembly shall consist of the following delegates: a. The first delegate shall be the President of the Chapter; b. The second delegate shall be the Vice President elected by and from the category alternate to that of the Chapter President; c. The third delegate shall be the Vice President elected by and from the same category as the Chapter President, if the Chapter is entitled to an additional representative from that category, except that where the Chapter is entitled to only three delegates, the Chapter may devise its own method for designation of the third delegate; d. Additional delegates and alternates shall be elected by and from the Chapter membership according to category; e. Notwithstanding
any other provision of this Constitution to the contrary, no Chapter
shall have fewer than two delegates. Section 4. Types of Chapters and Institutions. For the purposes of this Constitution, there shall be five types of institutions and Chapters, as follows: a. Four-Year Colleges, including: Brockport, Buffalo State, Cortland, Fredonia, Geneseo, New Paltz, Old Westbury, Oneonta, Oswego, Plattsburgh, Potsdam, and Purchase; b. Health Sciences Centers, including: Brooklyn HSC, Buffalo HSC, Stony Brook HSC, and Syracuse HSC; c. Specialized Units, including: Empire State College, Environmental Science and Forestry, Farmingdale, Maritime, New York State Theatre Institute, Optometry, System Administration Utica-Rome, and the Research Foundation; d. Colleges of Technology and other Two-Year Institutions, including: Alfred, Canton, Cobleskill, Delhi, and Morrisville; e. University
Centers, including: Albany, Binghamton, Buffalo Center, and Stony Brook. ARTICLE VIII NOMINATION
AND ELECTION PROCEDURES Section 1. Chapter Election Dates. Chapter elections,
except those held to fill vacancies, shall be held in odd numbered years
for each elective office and be completed no later than May 1, unless
extraordinary circumstances prevent meeting that deadline. Terms of
office of those elected shall commence on June 1 of the year in which
they are elected; persons elected to fill vacancies shall take office
at the time of election. Section 2. Chapter Elections for the Delegate Assembly. a. The Chapter Secretary or a specified Chapter Election Official shall be designated in the Chapter By-Laws as responsible for all Chapter elections; b. Chapters may choose to conduct their own Chapter elections or request the UUP Elections and Credentials Committee to conduct their Chapter elections for them. The UUP Chapter Election Guidelines, Appendix A to Article VIII, shall specify the procedures to be followed for each choice; c. Chapter members in each category, as specified in Article III, Section 2, of this Constitution, shall elect to the Delegate Assembly delegates from their ranks, with the exception of the Chapter President, and in accordance with the provisions of Article VII, Section 3, of this Constitution; each category in a Chapter shall be entitled to one delegate for every seventy-five members or fraction thereof in the category; d. Delegates/Alternates to the Delegate Assembly shall be elected by a secret mail ballot and in accordance with the UUP Chapter Election Guidelines, Appendix A to this Article; appropriate ballots shall be mailed to the last known home addresses of Chapter members in each category who are in good standing at the time of certification of membership for the election, which is 35 days prior to the close of nominations; in no case shall either a delegate or an alternate be appointed; e. Members in good standing of each Chapter must be given suitable opportunity to nominate candidates for the office of delegate and/or alternate, provided, however, that any candidate must be a member in good standing at the time of certification of membership for the election; f. Notice of the election, the offices to be filled, the right to make nomination, and the time, place, and proper form for the submission of nominations must be sent to each Regular and each Retired member at his or her last known home address and be given a prominent place in the Chapter publication; g. Each candidate for delegate or alternate must be permitted to have an observer at the counting of ballots; the results of the election must be published in their entirety and all election records, including ballots, must be preserved for a period of one year in accordance with the UUP Chapter Election Guidelines; h. The UUP Chapter Election Report shall be filed with the UUP Secretary within two weeks following the date of the election and shall constitute the official delegate/alternate list for the year; i. Terms of office for Chapter delegates shall not exceed two years. j. Candidates for delegate and alternate delegate shall run for the position of delegate in their respective categories of Academic and Professional;
k. The Chapter President shall seek confirmation by the delegates of their intent to attend each Delegate Assembly. Delegates who do not so confirm to the Chapter President at least seven days prior to the Assembly shall be replaced with appropriate Alternates by the Chapter President. If a delegate is so replaced, that delegate shall not be eligible for seating at the Assembly in place of any confirmed delegate or confirmed alternate delegate who attends the Assembly; l. Notification of an alternate's replacing a delegate at a Delegate Assembly shall be in writing from the Chapter President and presented to the Elections and Credentials Committee at registration. The notification shall include the name of the delegate being replaced and the sessions for which that alternate is to be seated; m. Union funds may not be used to promote the candidacy of any individual or group. Union funds may be used to conduct the election -- pay for ballots, notices publicizing the election, postage, factual statements of issues, and similar items.Section 3. Nomination and Election Procedures for the Retired Delegate to the Delegate Assembly and the Other Elected Members of the Committee on Active Retired Membership.
c. Procedures for nominations and elections shall be determined by the Executive Board and shall be published to the Retired Membership; such procedures shall be consistent with those established for Chapter elections for the Delegate Assembly, as appropriate; d. The Elections and Credentials Committee shall be responsible for the conduct of nominations and elections called for under the provisions of this section.Section 4. Nomination and Election Procedures for Officers and Executive Board Members. a. Officers and members of the Executive Board shall be elected by and from the membership of the Delegate Assembly; b. Nominations shall be by written petition of at least ten members of the Delegate Assembly. Petitions shall be filed with the Elections and Credentials Committee at the time of the Delegate Assembly; c. Election of Officers and members of the Executive Board shall be by majority of those voting; voting shall be by written, secret ballot, except that in cases where only one candidate has been nominated for an Officership or an Executive Board seat, the Secretary, by a two-thirds vote of those present and voting, may be directed to cast a single ballot for such candidate; only those votes, including write-ins, for persons eligible to serve shall be counted in determining the majority of votes cast; abstentions shall not be counted; d. Nominations and elections shall be held for one position at a time, with results announced prior to nominations for the next, in the following order: Officer positions, in constitutional order; any created Officer positions, in constitutional order; Executive Board positions, in the following order: to meet the type of Chapter requirement; to meet the academic ratio; to meet the professional ratio; provided, however, that elections to fill unexpired terms of Executive Board seats vacated by an incumbent shall be held prior to those for full terms; and further provided, that no nomination shall be permitted which would preclude the conditions imposed by Article V, Section 1, of this Constitution; e. In cases where there are more than two candidates and no candidate receives a majority of the votes cast, a run-off shall be held; if there were no write-in candidates in the first balloting, the name of the candidate who received the smallest number of votes shall be dropped; if there were write-in candidates in the first balloting, the names of all candidates receiving fewer than 10 votes shall be dropped. Should no candidate receive a majority of the votes cast in the run-off, additional run-offs shall be held; on each additional run-off ballot, the names of all candidates receiving fewer than 10 votes shall be dropped; persons who have received votes may withdraw from the election, in which case subsequent votes in that election for such persons shall not be counted in determining a majority. These procedures shall be continued until one candidate receives a majority; f. All elections, except those to fill vacancies, shall occur at the Spring Assembly, with the President, Secretary, and Membership Development Officer elected in odd-numbered years, and the Vice Presidents and Treasurer elected in even-numbered years, and one-half, to the nearest whole number, of the other positions on the Executive Board elected at each Spring Assembly; g. Officers and Executive Board members shall assume their office on June 1 of the year in which they are elected, except that persons elected to serve out unexpired terms created by vacancies shall take office at the time of election; h. When a member of the Delegate Assembly is elected as an Officer, such member's Chapter seat in the Assembly shall become vacant, but he or she may retain any Chapter office; when a member of the Delegate Assembly is elected to an Executive Board seat, other than an Officership, such member's Chapter seat in the Assembly shall become vacant and the member shall be seated at large as a member of the Executive Board; i. Any person serving as an Officer or member of the Executive Board shall be eligible for nomination, renomination, and election to any position elected by and from the Delegate Assembly.Section 5. Nomination and Election Procedures for Delegates to Affiliate Conventions. a. This organization shall send delegates to the conventions and other meetings of its affiliates in order to insure its proper representation, with the Officers serving as ranking delegates by reason of their offices; b. Procedures
for nominations and election, when such are necessary, shall be determined
by the Executive Board and shall be published to the membership; such
elections shall be for two year terms and shall be held concomitantly
with Chapter elections as specified in Section 1 of this Article; the
Elections and Credentials Committee shall be responsible for the conduct
of any election called for under this provision. APPENDIX "A" TO ARTICLE VIII UUP CHAPTER
ELECTION GUIDELINES Section 1. Responsibilities. A. The Chapter President shall: 1. Assure that the Chapter By-Laws designate the Chapter Secretary or another official as responsible for all Chapter elections. 2. If the Chapter decides to have its election conducted by the UUP Elections and Credentials Committee, assure that such request is made in writing to that committee no later than December 1 of the calendar year prior to which the election will be held. 3. If the Chapter is to conduct its own election, assure that an Election Committee of no fewer than three members is designated by the Chapter Executive Board to conduct Chapter elections and that the committee members elect their own chairperson. 4. Assure that the official election report is properly prepared and filed with the UUP Secretary within two weeks following an election. This report will serve as the official delegate/alternate list for the year. 5. Determine who will attend each Delegate Assembly in accordance with Article VIII, Section 2, of the UUP Constitution. B. The Designated Election Official shall: 1. If the Chapter requests the UUP Elections and Credentials Committee to conduct its election, file a written request to that committee before December 1 of the calendar year prior to which the election will be held. This request must specify each Chapter office that is to be filled, the length of term for each office, and the name and phone number(s) of the designated election official of the Chapter. 2. If the Chapter conducts its own election: a. Assure that the Election Committee develops election procedures for Chapter Executive Board approval; that these procedures are consistent with the UUP Constitution, Chapter By-Laws, and these guidelines; and that the procedures are approved by the UUP Executive Board and filed with the UUP Secretary prior to their use. Modification of these procedures must be approved by the UUP Executive Board prior to use. b. Assure that Chapter elections follow the approved procedures. c. Assure the Election Committee prepares an election report to the Chapter membership and publishes it in timely fashion. The report, which may be published in the regular Chapter newsletter or in a special election bulletin, must contain at least the date the votes were counted, the number of invalid ballots, the names of all candidates for each office, the number of votes each candidate received, and the designation of each winner. d. Assure that the Election Committee prepares the official election report using the UUP Chapter Election Report form. e. Preserve all election records for one year. These records must include a copy of the election procedures and instructions used; a copy of the notice of election and call for nominations; a copy of any correspondence, announcements, or minutes regarding the election; all nominations, ballots and envelopes received; the names of the Election Committee members, tellers, and official observers; a copy of the election report published for the Chapter membership; and a copy of the official UUP Chapter Election Report. C. The Election Committee shall: 1. Elect its own chairperson. 2. Develop election procedures for Chapter Executive Board approval. These procedures must be consistent with the UUP Constitution, Chapter By-Laws, and the guidelines in this document, and must be approved by the UUP Executive Board and filed with the UUP Secretary prior to their use. Members of the Election Committee may be nominated and elected to any office for which they are eligible. 3. Conduct all Chapter elections using the approved procedures. 4. Using the UUP Chapter Election Report form, prepare the official election report for the designated election official. 5. Prepare an election report for the Chapter membership and publish it in its entirety in timely fashion. This report, which may be published in the regular Chapter newsletter or in a special election bulletin, must include at least the date the ballots were counted, the number of invalid ballots, the names of all the candidates for each office, the number of votes each candidate received, and the designation of each winner. This report may be a copy of the UUP Chapter Election Report. 6. Turn over all election records and materials to the designated election official immediately following an election. D. Procedures. 1. At least thirty days prior to the close of nominations, nominations for each office requiring election shall be solicited from all Regular and Retired members of the Chapter. 2. This notice of election and call for nomination, the procedure to be followed in nominating, and the date nominations close shall be mailed to each Regular and Retired member at the latest known home address. In addition, this information shall be printed in an appropriate issue of the Chapter newsletter and/or be posted on all UUP bulletin boards on campus. Home address labels shall be available through UUP on request. 3. All nominees and nominators must be Regular or Retired members in good standing of UUP as of the certification date of the election. To be valid, a nomination must include the signature of the nominee; such signature shall be deemed to indicate a nominee is willing to serve if elected. In the event a nominee is unable to sign, a notarized statement that the candidate has personally signified willingness to be nominated and serve if elected shall be acceptable. The Election Committee shall accept all valid nominations; there shall be no screening to select among nominees. 4. To be eligible to receive a ballot and vote, an individual must be a member, Regular, Retired or Sustaining, in good standing of UUP as of thirty-five days prior to the close of nominations. If the Chapter conducts its own election, thirty-five days prior to the close of nominations, the Chapter shall request from UUP a set of address labels of the latest known home addresses of that Chapter's members as of that request date. The Chapter will also be provided a printed list of the members' home addresses of that time. If the UUP Elections and Credentials Committee conducts the election, a printed list of the members' home addresses as of thirty-five days prior to the close of nominations will be provided to the Chapter. 5. Between
the close of nominations and the election, the Designated Election Official
of the Chapter shall send the list of nominees for each office to each
member of the Chapter by Chapter Newsletter or by other means and shall
post the list on all UUP bulletin boards on campus. If the UUP
Elections and Credentials Committee conducts the election, it shall
provide a copy of the list of nominees to the Designated Election Official
of the Chapter for distribution to all Chapter members. 6. The ballot shall contain all valid nominations for each office. It shall also provide for write-in candidates for each office by containing a line on which to write a name after the nominated candidates for each office. A write-in candidate must be a member in good standing of UUP as of the deadline for receipt of the completed ballots. 7. Election shall be by secret mail ballot. Ballots must be mailed to the latest known home address of each member of UUP at least 15 days prior to the deadline for receipt of the completed ballots using address labels provided by UUP as specified in paragraph 4 of these procedures. 8. Each member eligible to vote shall be sent the appropriate ballot, a small envelope (Ballot Envelope) marked "BALLOT," a larger envelope (Control Envelope) addressed to the Chair of the Election Committee, and a separate sheet of instructions for completing and returning the ballot. 9. Information on the instruction sheet must include, at a minimum, (1) how to complete the ballot; (2) date, time, and place envelopes will be opened and the ballots counted; (3) provision for candidates and others to observe the opening and counting of the ballots; and (4) what to do if there are any problems. It must also include the following specific instructions: (1) completed ballot to be placed in the BALLOT envelope and nothing to appear on that envelope; (2) BALLOT envelope then to be sealed and placed in the CONTROL envelope; (3) CONTROL envelope to be sealed and the member to print name and Chapter in upper left corner and sign name legibly in upper left corner; (4) CONTROL envelope and contents to be returned to the Chair of the Election Committee by the deadline in the manner specified. 10. All candidates must have access, within 30 days prior to the cutoff date for receipt of the completed ballots, to a list of the last known home addresses of the Chapter members. The list must be available in the Chapter office. If any one candidate has the right to copy the list, all other candidates must be afforded the same right. The Chapter shall not make copies of the list for any candidate's use. 11. Any arrangement for distribution of campaign literature on behalf of any candidate must be made available to all other candidates. 12. Individuals
must bear the expenses of all aspects of campaigning, including the
production and distribution of campaign literature. The Chapter
is prohibited from participating on behalf of any candidate. 13. If ballots are determined invalid, they must be so identified, the reason must be noted, and they must be preserved with the election records. 14. If, when a CONTROL envelope is opened, it is determined that the ballot is not in a sealed inner envelope, the ballot is invalid and is not to be removed from the envelope. The CONTROL envelope should then be noted "invalid, no inner envelope" and preserved with the election records. 15. Frivolous votes (Mickey Mouse, etc.), votes for ineligible candidates, and improper number of votes for a given office are invalid votes for that office only. Properly registered votes for other offices on the same ballot are valid and are to be counted. 16. If a majority is required for election and no candidate receives a majority of the votes cast, a runoff election shall be held between the two candidates with the highest number of votes. Invalid votes as specified in Section 15, above, shall not be included in determining the number necessary for a majority. 17. All questions concerning Chapter elections that cannot be resolved by the Chapter shall be referred to the Chair of the UUP Elections and Credentials Committee at the earliest opportunity. 18. A challenge to an election must be in writing and mailed registered or certified mail, return receipt requested, to: Chair of the Elections and Credentials Committee, UUP, P.O. Box 15143, Albany, New York 12212-5143. The challenge must be received in the UUP Office not later than thirty-five calendar days following the date the ballots were counted. 19. The results of a challenged election are presumed valid unless and until found to the contrary by the UUP Executive Board. Officials elected perform the regular duties of their offices during the investigation of a challenge. A new election shall be required only when investigation reveals that violations may have affected the outcome of an election. 20. For the position of delegate, an individual may vote for a maximum of up to the number of delegates authorized in the voter's category of Academic or Professional as of the certification date of eligibility to vote in a given election. This maximum number must be specified in the instructions accompanying the ballot. Chapters authorized only one delegate in a category shall conduct an election for the position of delegate in order to assure there will be alternate delegates elected and to determine their rank order. 21. To be valid, a ballot must follow the written instructions for completing and returning ballots and must be received before the stated deadline. 22. Ballots are to be opened and counted at the announced time and place. 23. Election procedures must include adequate security for ballots from the time they are received until the election is completed. 24. If the UUP Elections and Credentials Committee conducts a Chapter election, its procedures must be consistent with the UUP Constitution, Chapter By-Laws, and the guidelines in this document. Also, the procedures must be approved by the UUP Executive Board and filed with the UUP Secretary prior to their use.
E. Amendment. 1. These
guidelines may be amended by following the procedures in Article XIII,
Amendment, of the Constitution. ARTICLE IX REFERENDA Section 1. The highest
level of policy making in this organization shall be through referendum
of the entire membership. Positions or policies established by
referendum shall not be subject to reversal or modification by a governing
body or by subsequent referendum until the third regular meeting of
the Delegate Assembly subsequent to the referendum. Section 2. Initiation and Procedures. a. A referendum may be initiated in any of the following manners:
b. The referendum
procedure shall be established by the Delegate Assembly or by rules
adopted by the Executive Board. Section 3. Matters not subject to referendum are: a. Employment, assignment, promotion, discharge, or compensation of this organization's staff; b. Powers specifically assigned to other bodies by this Constitution; c. Amendment
and/or interpretation of this Constitution. ARTICLE X COMMITTEES Section 1. Standing Committees. The Standing Committees of this organization shall be the Committees on Negotiations, UUP Outreach, Membership, Finance, Grievance, Elections and Credentials, Affirmative Action, Active Retired Membership, Part-Time Concerns, Solidarity, and Women's Rights and Concerns.
b. The UUP Outreach Committee shall prepare proposals for consideration by the Executive Board as legislative aims of the organization, shall carry out such other functions as may be assigned to it by the President or the Executive Board, and shall report to the President, the Executive Board, and the Delegate Assembly; c. The Finance Committee shall be responsible for drawing up and recommending the proposed budget; shall review expenditures and the activities of the Treasurer on a regular basis, and shall report to the President, the Executive Board, and the Delegate Assembly; d. The Membership Committee shall prepare policy recommendations for presentation to the Officers and the Executive Board with respect to membership development programs, membership growth and expansion, and such other matters as may be referred to it for consideration, and shall report to the President, the Executive Board, and the Delegate Assembly; e. The Grievance Committee shall advise the President on the disposition of grievances which have not gone to arbitration and shall make recommendations, as appropriate, to the Negotiations Committee, and shall report to the President, the Executive Board, and the Delegate Assembly; f. The Elections and Credentials Committee shall be responsible for the conduct of all elections delegated to it; shall certify the credentials of the representatives to the Delegate Assembly, to which it shall report and make recommendations on seating of delegates and/or alternates, and shall serve in such other functions as may be assigned to it by appropriate bodies; g. The Affirmative Action Committee shall undertake to review UUP structures and policies with respect to equal opportunities and to recommend to the Executive Board and other appropriate bodies actions designed to implement affirmative action goals within UUP; shall work with the Negotiations Committee to formulate contract demands to implement equal opportunity goals within SUNY; and shall develop programs designed to aid members and Chapters in their pursuit of equal opportunity goals on their own campuses; h. The Committee on Active Retired Membership shall be composed of eleven members, seven elected by and from the Retired Membership of the organization, two appointed by the President, and, by reason of their offices, the Membership Development Officer and the Retired Delegate to the Delegate Assembly, who, by reason of the office, shall chair the Committee. The Committee on Active Retired Membership shall work to encourage and promote retired membership, shall make recommendations with regard to organizational structures wherein retirees and the Union may continue their mutually beneficial relationships, shall propose means whereby the interests of Retired members are referred to appropriate bodies, shall consider such other matters as may be referred to it, and shall report to the President, the Executive Board, and the Delegate Assembly; i. The Committee on Part-Time Concerns shall encourage membership and activity of part-time academics and professionals; shall report to the President, the Executive Board, and the Delegate Assembly with respect to the treatment of part-time academics and professionals, their issues and concerns; shall recommend policies and programs to meet the needs of pat-time academics and professionals; shall work with other committees as directed by the Executive Board; may consider other matters referred to it; and draft proposals to ensure fairness and equity for part-time academics and professionals throughout SUNY and in the activities and policies of UUP and its affiliates. j. The Solidarity Committee shall work as a liaison of the Union with the labor movement at large through such activities as the gathering and dissemination of information about other unions, union-related matters, social justice issues, and the role of UUP in the labor movement in this State, regionally, nationally, and internationally; shall receive and respond to, or recommend appropriate referrals or other actions regarding, such matters as may, from time to time, be received from or referred to it by other unions, organizing committees, the Executive Board, the Delegate Assembly, the Chapters of the organization, or other appropriate bodies; shall administer a Solidarity Fund, should such be budgeted, under guidelines established by the Executive Board; shall consider such other matters as may be referred to it, and shall report to the President, the Executive Board, and the Delegate Assembly. k. The Women's
Rights and Concerns Committee shall report to the President, the Executive
Board, and the Delegate Assembly with respect to fair and equal treatment
of women, their issues and concerns, and shall work to assure that fairness
and equity for women, their issues and concerns as manifested on local
campuses and are reflected in the activities and policies of UUP and
its affiliates. Section 2. Ad Hoc Committees. The President
shall appoint such ad hoc committees as may be necessary, subject to
approval of the Executive Board, such committees to be dismissed upon
completion of their appointed charges. Section 3. Terms of Office. a. The terms of office for chairpersons and members of Standing Committees shall normally be for one year, commencing at the first Executive Board meeting after the Spring Delegate Assembly; b. The terms
of office for chairpersons and members of ad hoc committees shall commence
at the time of appointment and shall expire no later than the time of
completion of their appointed charges. ARTICLE XI MEETINGS
OF THE DELEGATE ASSEMBLY AND EXECUTIVE BOARD; PARLIAMENTARY AUTHORITY Section 1. Delegate Assembly. A quorum for
the Delegate Assembly shall be a majority of its members representing
at least one-half of the duly recognized Chapters. Section 2. Executive Board. A quorum of
the Executive Board shall be a majority of its members. Section 3. Parliamentary Authority. The current
edition of Robert's Rules of Order shall govern the conduct of
meetings and the transactions of this organization in all matters not
specifically provided for in the Constitution or in special rules of
procedure. Section 4. Parliamentarian. The President
shall appoint a parliamentarian to assist him or her in the conduct
of meetings; the parliamentarian shall not be a member of the Executive
Board. ARTICLE XII AFFILIATION United University
Professions shall remain affiliated with New York State United Teachers
and its affiliated bodies until a referendum of membership shall determine
otherwise. The organization shall be represented at conventions
of affiliates in accordance with the provisions of Article VIII, Section
5, of this Constitution. ARTICLE XIII AMENDMENT Section 1. Initiation. Amendments
to this Constitution may be initiated by a Chapter, the Executive Board,
or the Delegate Assembly. Section 2. Procedure. Publication
and notice shall be necessary before a proposed amendment may be considered
for adoption by the Delegate Assembly. A proposed amendment shall
be submitted to the Secretary at least sixty-five days prior to the
Delegate Assembly at which it is to be considered. A proposed
amendment shall be submitted to delegates of record at least sixty days
prior to such Delegate Assembly and shall be officially published by
the Union at least thirty days prior to the Delegate Assembly at which
it is to be considered. Copies of a proposed amendment shall also
be included in the agenda sent to delegates of record prior to the Delegate
Assembly at which it is to be considered. Section 3. Adoption. Adoption of
amendments shall be by a two-thirds vote of the members of the Delegate
Assembly present and voting, provided, however, that an affirmative
vote shall represent at least a majority of the roll of Delegate Assembly
members. ARTICLE XIV SEVERABILITY A decision by a legal agency that any clause, section, or article of this Constitution may be invalid shall not invalidate any other clauses, sections, or articles of the Constitution. |