(Amended through the 2016 Fall Delegate Assembly)
The name of this organization shall be United University Professions, also referred
to in this Constitution as "UUP," the "Union," or
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.
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;
- i. Contingent membership shall extend from September 1 through August 31. Membership in good standing shall be maintained through payment of dues as defined in Section 4., Dues. b. i. b. of the UUP Constitution and shall be on a continuing basis throughout the membership year.
- b. Special
Membership, either Retired or Sustaining; Sustaining members may vote
but may not hold office at the Chapter, Local or Affiliate levels:
- i. Retired
membership shall be open to any person who has retired from active service
while a Regular member of United University Professions;
- ii. Sustaining membership shall be open to any person who has been retrenched or to any person who has been involuntarily terminated and has litigation, grievance, or other, similar proceedings in progress, such membership to terminate upon reinstatement in the negotiating unit or resolution of such litigation or other proceedings, and to be limited to the period of litigation or a three-year term, whichever is longer.
- i. Retired membership shall be open to any person who has retired from active service while a Regular member of United University Professions;
- 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;
- i. Associate membership shall be open to any person not eligible for Regular or Special membership who is employed in a non-managerial position in an institution of higher education where no bargaining unit exists, or where the bargaining agent is not affiliated with the New York State United Teachers and its affiliated bodies and there is no local so affiliated in the bargaining unit; or who is employed or self-employed in an occupation or profession, including but not limited to research, librarianship, instruction, counseling, consulting, or other professional activity whose elements are substantially equivalent to those of positions in bargaining units represented by United University Professions; or who has retired from such position, occupation, or profession and is not eligible for Retired or other membership in another local affiliated with the New York State United Teachers and its affiliated bodies; or who is the surviving spouse or equivalent of a deceased member of United University Professions; provided, however, that application for Associate membership shall be made according to procedures adopted by the Executive Board; and further provided, that each such application shall be subject to approval by the Executive Board; and further provided, that while Associate members may attend meetings of an appropriate Chapter of United University Professions and participate in activities not otherwise prohibited by provisions of this Constitution, they shall not be counted as members for purposes of representation, financial allocations, or other Union matters; and further provided, that Associate members shall be eligible to participate in benefits programs offered by the Union or its affiliates, except where the conditions for offering such benefits do not permit such participation;
- 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.
- e. Continuing Membership shall be open to any Regular member in good standing who is retrenched or non-renewed for any reason. Such membership shall terminate upon reinstatement in the negotiating unit or upon employment. Continuing Membership shall be for an initial two years, subject to renewal every two years up to a maximum of eight years, and be without vote or the right to hold office.
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;
- i. "Contingent Academic" members shall be those persons appointed to any academic position which does not prescribe eligibility for continuing appointment.
- b. "Professional"
members shall be those persons with professional rank.
- i. "Contingent Professional" members shall be those persons appointed to any professional position which does not prescribe eligibility for permanent appointment.
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
- 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:
- 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.
- vi. For Continuing members, there shall be no dues.
of this organization shall be a President, a Vice President for Academics,
a Vice President for Professionals, a Secretary-Treasurer, and a
Membership Development Officer.
Section 1. General Responsibilities of 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.
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-Treasurer.
The Secretary-Treasurer shall be the bonded financial officer of the organization. His or her duties shall include: (a) the collection of all monies, properties, files and effects of the organization; (b) reporting to each meeting of the Delegate Assembly; (c) the payment of all monies properly authorized by the Delegate Assembly, Executive Board or the president through the budget adopted by the Delegate Assembly; (d) shall prepare an annual financial statement for publication and distribution to the members as directed by the Executive Board; (e)to arrange annually for the audit of all books, accounts, records and financial transactions of the organization by an independent auditing firm. Such audit to be provided to the officers and Executive Board and published to the members; (d) to issue the Call for the convention and cause the proceedings of the convention to be recorded; to maintain a roll of members; and to work under the direction of the president in the performance of all other responsibilities as may be given him or her by the president or the Executive Board.
Section 5. Duties of the Membership Development Officer.
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 6. Terms of Office and Election Procedures.
a. Officers shall be elected to terms of three years, or until successors are elected;
b. Elections of the President, Secretary-Treasurer, and Membership Development Officer shall be held in odd-numbered years, and elections of the Vice Presidents shall be held in even-numbered years;
c. Officers shall be elected in accordance with the provisions of Article VIII, Section 4, of this Constitution.
Section 1. Composition.
There shall be an Executive Board consisting of the officers and fourteen 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; the Chair of the Committee on Active Retired Membership shall not be included in determining Chapter representation on the Board. 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 and no fewer than one contingent member, as defined in Article III, Section 2, 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 three years, or until successors are elected, 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; by a two-thirds vote, authorize the President to cancel or terminate a Delegate Assembly for extraordinary reasons such as, but not limited to, weather emergencies and fiscal exigencies;
- 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.
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:
- i. Act on the seating of the delegates;
- ii. Adopt an Order of Business, Rules of Procedure, and establish internal committees for its operation;
- iii. Elect officers and other Executive Board members by and from its membership in accordance with the procedures contained in Article VIII of this Constitution;
- iv. Propose programs for legislative action;
- v. Adopt amendments to this Constitution, in accordance with the procedures contained in Article XIII of this Constitution;
- vi. Establish policies for the organization;
- vii. By a three-fifths vote, initiate referenda and establish the procedures for the conduct thereof, in accordance with the provisions of Article IX of this Constitution;
- viii. Meet in special assembly upon the call of the President or following the filing with the President of a written petition of one-third of the roll of the delegates; such special assembly may be convened concurrent with a regular Delegate Assembly, but in no case shall the President delay convening a special assembly beyond sixty days after the filing of a legitimate petition;
- ix. Recall any elected officers and/or member of the Executive Board in a special meeting of the Delegate Assembly, provided that any such challenged person shall have the right to be heard or represented following timely notice of said meeting, and provided further, that a verbatim transcript be made of such meeting and preserved in the permanent files of the organization, and provided further, that removal of such challenged party or parties shall be by a roll-call vote requiring a two-thirds vote of those present and voting;
- x. Convene regularly three times a year for a Fall, Winter, and Spring Assembly, which shall be convened between 8 September and 30 October in the case of the Fall Assembly, between 8 January and 28 February in the case of the Winter Assembly, and between 8 April and 30 May in the case of the Spring Assembly;
- xi. Adopt an annual budget.
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, an Officer for Contingents, an Officer for Retirees, a Secretary and a Treasurer, or a Secretary/Treasurer, a Grievance Chairperson, 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;
- d. The fourth delegate shall be the Officer for Contingents. The Officer for Contingents shall be an additional delegate regardless of category. The Officer for Contingents shall not affect the delegate allocation for the chapter as specified in Article VIII, Section 2.c.;
- e. Additional delegates and alternates shall be elected by and from the Chapter membership according to category.
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: Buffalo HSC, Downstate Medical, Stony Brook HSC, and Upstate Medical;
- c. Specialized Units, including: Empire State College, Environmental Science and Forestry, Farmingdale, Maritime, Optometry, Polytechnic Institute, System Administration, 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.
NOMINATION AND ELECTION PROCEDURES
Section 1. Chapter Election Dates.
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 Constitution and Governance 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-Treasurer 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;
- i. If all delegate offices are to be filled in one election year, upon completion of that election the candidates in each category shall be ranked in order of votes received. As of the certification date for each Delegate Assembly, naming of the delegates for that Assembly shall be in order of votes received until the allotted number of delegates for that Chapter is reached in each category. All others on each list shall be designated Alternates in rank order of votes received. If named delegates subsequently are unable to attend the Assembly or fail to confirm their intentions to attend under Section 2.k. of this Article, alternate delegates shall be named to replace them in order of votes received;
- ii. If all delegates are not elected in the same year, ranking shall be determined first by year of election and then, within the year of election, by the process in Section 2.j.i. of this Article;
- 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.
- a. There shall be a delegate to the Delegate Assembly elected by and from the Retired Membership of the organization;
- i. There shall be seven elected members of the Committee on Active Retired Membership, in addition to the Retired Delegate to the Delegate Assembly, who, by reason of the office, shall chair the Committee; each such elected member of the Committee shall be elected by and from the Retired membership designated as belonging to a given Region as defined in Section 3.b.ii. of this Article, such designation being determined by the location of the Chapter of which any Retired member had been a Regular member prior to retirement, provided, however, that any Retired member who had been a member of a Statewide Chapter prior to retirement shall be designated as belonging to the Region in which such member's primary work site prior to retirement was located.
- ii. Regional Divisions for the purposes cited in Section 3.b.i. shall be as follows: Capital District: Albany, System Administration, Cobleskill, New Paltz; Long Island: Farmingdale, Old Westbury, Stony Brook, Stony Brook HSC; North Country: Canton, Plattsburgh, Potsdam; Western New York: Alfred, Brockport, Buffalo HSC, SUC-Buffalo, SUNY-Buffalo, Fredonia, Geneseo; Central New York: Environmental Science and Forestry, Morrisville, Oswego, Polytechnic Institute, Upstate Medical; Metropolitan: Downstate Medical, Maritime, Optometry, Purchase; Southern Tier: Binghamton, Cortland, Delhi, Oneonta. Empire State Chapter retirees will be included in the Region in which such member's primary work site prior to retirement was located.
- 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,with the requirement that the term of office for the Retired Delegate to the Delegate Assembly and the other Elected Members of the Committee on Active Retired Membership shall be for a term consistent with that for Executive Board members;
- 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 Constitution and Governance 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-Treasurer, 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; alternate between an academic seat, and a professional seat, until all academic and professional ratios are met, beginning with the at-large professional seat in 2012; 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-Treasurer, and Membership Development Officer elected in odd-numbered years, and the Vice Presidents 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 Constitution and Governance 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
- 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-Treasurer 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 Constitution and Governance 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-Treasurer 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
- 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-Treasurer 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 nominations, 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 Constitution and Governance 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 Constitution and Governance 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. Except in the case of a runoff election, the ballot 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. In the case of a runoff election, runoff election ballots shall only contain the names of the candidates as specified in Section 1. D. 16. of this Appendix.
- 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 Constitution and Governance 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 Constitution and Governance 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 Constitution and Governance 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-Treasurer prior to their use.
- 25. In the case of tie votes for positions in which those elected serve in rank order, the committee conducting the election shall determine by lottery the rank order of those tied.
- E. Amendment.
- 1. These guidelines may be amended by following the procedures in Article XIII, Amendment, of the Constitution.
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:
- i. By order of a three-fifths vote of the Delegate Assembly;
- ii. By order of a three-fifths vote of the Executive Board;
- iii. By petition of at least ten percent of the regular members, drawn from at least twenty percent of the Chapters.
- b. The referendum procedure shall be established by the Delegate Assembly or by rules adopted by the Executive Board.
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.
Section 1. Standing Committees.
The Standing Committees of this organization shall be the Committees on Academic Medical Programs, Active Retired Membership, Affirmative Action, Black and Latino Faculty/Staff Concerns, Chapter Presidents, Chapter Vice Presidents for Academics, Chapter Vice Presidents for Professionals, Constitution and Governance, Compliance/Audit, Contingent Employment, Disability Rights and Concerns, Finance, Future of Public Higher Education, Grievance, Membership, Negotiations, Opportunity Programs, Solidarity, Sexual Orientations United for Liberty (SOUL), Technology Campuses, UUP Outreach, UUP Scholarship, Veterans Affairs, and Women's Rights and Concerns. Committees discuss issues, propose solutions and/or resolutions and may form subcommittees for a particular purpose. All Standing Committees shall report to the President, the Executive Board and, through the Executive Board, to the Delegate Assembly.
- a.The Academic Medical Programs Committee shall identify and analyze issues of concern to the health sciences centers, hospitals, and the nursing and other health-related professions in SUNY;
- b. 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. The Retired Delegate shall serve as chair of the Committee. The Committee 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; and shall consider such other matters as may be referred to it;
- c.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;
- d. The Black and Latino Faculty/Staff Concerns Committee shall focus on setting goals for Black and Latino Faculty/Staff Associations across UUP Chapters and on developing political synergy with the New York State Association of Black and Puerto Rican Legislators and the Hispanic Legislative Task Force to promote a SUNY-wide vision for Blacks and Hispanics in SUNY; explore ways to enhance system-wide Black and Hispanic student life initiatives; and create a process for mentoring Blacks and Hispanics in UUP;
- e. The Committee of Chapter Presidents shall meet regularly to identify and discuss issues of concern to UUP Chapters;
- f. The Committee of Chapter Vice Presidents for Academics shall meet regularly to identify and discuss issues of concern to SUNY’s academics;
- g. The Committee of Chapter Vice Presidents for Professionals shall meet regularly to identify and discuss issues of concern to SUNY’s professionals;
- h. The Constitution and Governance Committee shall review the UUP Constitution and make recommendations to the President, the Executive Board and the Delegate Assembly; shall include the duties of Constitution and Governance; 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 capacities as may be assigned to it by appropriate bodies;
- i. The Compliance/Audit Committee shall work with the UUP Secretary-Treasurer, the Comptroller’s office, and the Finance Committee to ensure UUP’s fiscal accountability;
- j. The Contingent Employment Committee shall be composed of the elected chapter Officers for Contingents as well as other members appointed at the discretion of the UUP President; shall encourage membership and activity of contingent members with respect to the treatment of contingent academics and professionals, and their issues and concerns; shall recommend policies and programs to meet the needs of contingent academics and professionals; shall work with other committees as directed by the Executive Board; may consider other matters referred to it; and shall draft proposals to ensure equity and fairness for contingent members throughout SUNY and in the activities and policies of UUP and its affiliates;
- k. The Disability Rights and Concerns Committee shall provide oversight of campus-wide implementation of the Americans with Disabilities Act, New York State laws and local laws to ensure compliance and to monitor discussion on same, including legal cases which may affect people with disabilities; and shall encourage individuals with disabilities to actively participate in their union and to fulfill their full professional potential;
- l. The Finance Committee shall be responsible for drawing up and recommending the proposed budget; shall review expenditures and the activities of the Secretary-Treasurer on a regular basis; and shall administer UUP’s Legal Defense Fund;
- m. The Future of Public Higher Education Committee shall monitor the globalization and corporatization of public higher education and resulting changes in the structure of the university that are of significance to UUP and its members; and shall focus on the use and effect of technology, expansion of new modes of course delivery such as online education, campus-specific and statewide policies and practices pertaining to teaching and research on SUNY campuses, and the privatization of public higher education activities. Special areas of concern include educational quality, training, academic freedom, intellectual property rights, working conditions and staffing;
- n. 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;
- o. 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;
- i. The Negotiations Committee for the Professional Services Negotiating Unit of the State University of New York shall be composed of a chair, one member from each Chapter, one academic part-time member chosen at large and one professional part-time member chosen at large. The Committee shall reflect the approximate whole-number ratio of academic and professional members of the Delegate Assembly. Prior to formulating its proposals for presentation to the President for negotiation, it shall form an Ad Hoc Advisory Committee, which shall consist of the members of the Negotiations Committee and one academic and one professional member from each of the Chapters. The members of the Advisory Committee shall be responsible for compiling and presenting the concerns of the membership of each Chapter, each type of institution, and each category of membership to the Negotiations Committee for consideration in such formulation;
- ii. The Negotiations Committees for other units represented by UUP shall provide appropriate methods for the compilation and presentation of the concerns of the membership in each such unit prior to formulating their proposals for presentation to the President of UUP for negotiation. Such methods shall be subject to approval of the UUP Executive Board;
- iii. The appropriate Negotiations Committee shall submit the final draft of the tentative agreement to the regular UUP membership in the appropriate bargaining unit, as determined by the Executive Board, for ratification by a majority vote of those voting;
- q. The Opportunity Programs Committee shall focus on identifying and investigating issues related to the EOP and EOC. programs in SUNY;
- r. 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 recommend specific actions for UUP to play a larger role in multiple aspects of the labor movement; 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; and shall consider such other matters as may be referred to it;
- s. The Sexual Orientations United for Liberty (SOUL) Committee shall focus on advising the President and Executive Board on relevant federal and state legislation affecting all aspects of the LGBTQ community within SUNY; and shall focus on issues impacting UUP members who are part of the LGBTQ community;
- t. The Technology Campuses Committee shall focus on issues of concern to the university colleges of technology;
- u. The UUP Outreach Committee shall include both active and retiree members; shall prepare proposals for consideration by the Executive Board as legislative aims of the organization; shall participate in UUP’s advocacy and campaign work; and will monitor, recommend and organize support for legislation affecting current and retiree members;
- v. The UUP Scholarship Committee shall have two subcommittees: Scholarship Development and Scholarship Selection. The Scholarship Development subcommittee will focus on exploring means of increasing contributions to the UUP College Scholarship Fund and make recommendations to the UUP Scholarship Fund Trustees. The Scholarship Selection subcommittee shall make recommendations regarding proposed recipients to the UUP Scholarship Fund Trustees;
- w. The Veterans Affairs Committee shall identify issues impacting UUP members who are veterans, inform veterans of their rights and other activities that will ensure the well-being and proper treatment of UUP members who are veterans;
- x. The Women's Rights and Concerns Committee shall work to assure respect for fair and equal treatment of women and their issues and concerns as manifested on local campuses and reflected in the activities and policies of UUP and its affiliates.
- a. The terms of office for chairpersons and members of Standing Committees shall normally be for two years, 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.
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.
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.
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
Section 4. Parliamentarian.
shall appoint a parliamentarian to assist him or her in the conduct
of meetings; the parliamentarian shall not be a member of the Executive
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.
Section 1. Initiation.
to this Constitution may be initiated by a Chapter, the Executive Board,
or the Delegate Assembly.
Section 2. Procedure.
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.
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
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.