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CTA Constitution

2070 Jericho
Turnpike, Commack, New York 11725
CONSTITUTION
OF THE
COMMACK TEACHERS ASSOCIATION
ARTICLE I
NAME
This organization shall be known as THE COMMACK
TEACHERS ASSOCIATION, (The “CTA”).
ARTICLE II PURPOSES
The purposes of this organization are: to
provide and promote ethical and professional practices; to promote better
relationships between and among faculties and administrators of this District;
and to act as the collective negotiations representative for all Unit
Members.
ARTICLE III MEMBERSHIP AND DUES
3.1
Full
membership in The Commack Teachers Association is open
for all personnel for whom the CTA is the
recognized collective bargaining agent. The CTA shall be affiliated with New
York State United Teachers (NYSUT) and its national affiliates.
3.2
The
Commack Retired Teachers Chapter is recognized as the official association of
CTA retirees.
3.3
Membership for other persons shall be open upon terms and conditions prescribed
by the Executive Board with the approval of the Representative Assembly.
3.4
CTA,
NYSUT, and national affiliate dues will be paid by the payroll dues deduction
provisions of the Agreement.
3.5
A
teacher hired for one semester will be liable for one-half of the dues payable
to CTA. Dues will be collected in the manner set forth in the preceding Article.
3.6
A
member shall be deemed in good standing upon compliance with this Article.
ARTICLE IV GENERAL ORGANIZATIONAL
STRUCTURE
4.1
Only members in good standing may attend and
vote at all regular and special meetings of the CTA.
4.2
Only members in good standing are eligible
to hold office, both elective and appointive.
ARTICLE V BUILDING
ORGANIZATIONAL STRUCTURE
5.1 A Building must be defined as a school;
the collective group of teachers, psychologists, speech teachers, social
workers, school counselors, teacher assistants, and nurses; or any other group
for which the CTA is the recognized bargaining unit with the exception of those
cited in paragraph 5.14.
5.2 Each building will create and maintain
its own building organization as prescribed by this
Constitution.
5.3.1
The building organization will consist of
one Chief Building Representative, a Building Committee, and the building
membership.
5.4 All CTA members in good standing
assigned by the District to a building shall compose the membership
of the building and shall be entitled to all the rights and privileges attached
to their membership.
5.5 A member
assigned to more than one building shall exercise the membership function at the
building where he/she receives his/her paycheck.
5.6 The
Building Committee shall be composed of the Chief Building Representative, ex
officio, and any additional allotted delegates to the Representative Assembly.
5.7 All
members in good standing are eligible to hold building office without
restriction upon successive terms of office.
5.8 The
Representatives of the Building Committee shall elect The Chief Building
Representative annually and the members of the Building Committee shall be
elected by the membership of the building every odd year to coincide with the
election of officers. This election shall take place between March 1 and June
25.
5.9
1. The building membership may decide
the number of its alternates to the Representative Assembly and thereby decide
the number of members in its Building Committee, except that, in doing
so, it may not enlarge its allotted number in the Representative Assembly beyond
the limit prescribed in Article 6.3 and 6.4.
2. In
the event that a building representative resigns, the alternate who received the
highest number of votes shall replace the person who resigned. If no alternate
exists, special elections may take place pursuant to this constitution and with
notification to the CTA Elected Officers.
5.10 An
alternate attending a Representative Assembly meeting in place of the Chief
Building Representative is entitled to exercise the powers and functions in
his/her office, but may not thereby cast more votes than the building is
allotted under Article 6.3 and 6.4.
5.11 a) The Building Committee shall
determine the date of the building election in accordance
with the preceding Article 5.8.
b) At least four weeks prior to the election date,
the Building Committee shall ask for nominations for representatives from the
eligible building membership, without any restriction upon successive terms of
office.
c) Nominations
shall be closed one week prior to the election date and the names of all
nominees shall be made available to the building membership.
: d)
Voting shall take place by closed ballot supplied by the Chief Building
Representative.
e) The nominee/s
for building representative who receive the greatest number of votes will be
declared the winner/s. The Chief Building Representative will then be elected
from that group. Those Building Representatives interested in serving as the
Chief Building Representative, will make their intentions known to the group.
The group will vote, by closed ballot, for the person best suited for the
position.
f) Voting hours will be from one-half hour prior to
the official sign in time and continue until one-half hour after the official
sign-out time of the particular school.
g) The Chief
Building Representative and/or his/her designee will be responsible for
conducting the election and the counting of the ballots. Each nominee shall have
the right to be present at the time the ballots are counted.
h) In Building Representative elections, when all
nominating processes have been completed and only one candidate has been
nominated, the CTA Secretary shall cast one ballot for that office. S/he will
thereby certify that the officially nominated candidate has been elected to the
office.
5.12 In addition
to his/her duties in the Representative Assembly, the Chief Building
Representative shall be in charge of the Building Committee. The Chief
Building Representative will be the direct liaison between the staff and the
Building Administrator. The Chief Building Representative shall call and hold
regular monthly meetings of the building membership.
The duties of the building
committee, (including the Chief Building Representative), shall be as
follows:
a)
To insure compliance with the Agreement on
the part of the building administration and building membership;
b)
To report to the appropriate CTA Officers
instances of non-compliance with the Agreement and to institute grievance
proceedings in accordance with CTA procedures;
c)
To be effective liaisons and expediters
between the building members and the Representative Assembly;
d)
To insure quality education in their
buildings by displaying proper and effective liaison between the staff and
administration and further, between the staff and the Professional Council; and
e) To assist the CTA Treasurer in
the collection of fees from all Unit Members.
5.13 For the benefit of members who either
have no building assignment, or are under the direction of a district-wide
coordinator, and have split building assignments, the President will appoint at
east one steward for each coordinator or similarly functioning supervisor in the
several disciplines or specialties to which such members are assigned.
5.14 Stewards, as such, will not be members
of the Representative Assembly.
ARTICLE VI
REPRESENTATIVE ASSEMBLY STRUCTURE
6.1
The membership of the Representative
Assembly will consist of the several buildings’ Chief Building Representatives
and all other allotted delegates to which a building may be entitled under the
ratio set forth in this Article, the elected officers of the CTA, and CTA
delegates to NYSUT and AFT.
6.2
All CTA Executive Board Officers and CTA
delegates to NYSUT and AFT are ex officio members of the Representative Assembly
for the terms of their underlying qualifying offices.
6.3
Every building is allotted membership in the
Representative Assembly at the ratio of one delegate for each twenty-five
members in the building organization, or major fraction of twenty-five members,
provided, however, that each building is entitled to a minimum of one
representative.
6.4 The Chief Building Representative, for
purposes of the building structure, shall be the building’s sole
delegate to the Representative Assembly, if it is entitled to only one. If the
building is entitled to more than one delegate, the Chief Building
Representative shall be the primary delegate.
6.5
All delegates to the Representative
Assembly are to be determined in the manner prescribed in Sections 5.7
through 5.11 of this constitution for the building organization.
6.6
For the purposes of representation in
the Representative Assembly, those collectively considered to be one
building, as defined in Paragraph 5.1, would be allotted one delegate to
the Representative Assembly. The delegate shall be elected in the manner
prescribed in Article V for Chief Building Representative.
6.7
The Executive Officers of the CTA
shall perform their identical functions for the Representative Assembly.
6.8
1. The Representative Assembly will
meet ten times in each school year.
2. Building representatives are
required to attend ten R.A. meetings each year. Representatives will be
permitted to substitute two other functions for two meetings. These
functions will be approved by a majority vote of the Representative Assembly.
Such alternate activities may include, but are not limited to, phone banks,
participation in the Breast Cancer Walk, attending a NYSUT rally, or walking a
picket line.
3. Should a building representative be unable to
fulfill the above requirements, his/her stipend will be pro-rated based on the
number of events that the building representative attended in relation to the
required ten activities and or meetings.
6.9
In addition, special meetings may be
called and held at any time by the direction of the President upon
either his/her own initiative, or the written request to him/her of two Chief
Building Representatives; such requests shall be binding upon the
President.
6.10
A quorum for a meeting shall be one-half of
the total allotments in the Representative Assembly as determined by
Article 6.3 and 6.4.
6.11
The order of business shall be as follows
unless suspended by a two-thirds vote of those present:
a)
Opening remarks by the President;
b)
Executive Vice President’s report;
c)
Secretary’s reports and adoption of minutes;
d)
Treasurer’s report;
e)
Reports of standing committees;
f)
Unfinished business;
g)
New business;
h)
Adjournment
6.12
The Representative Assembly is authorized to
act on behalf of the CTA between membership meetings. It shall adopt budgets,
approve appointments made by the President and, except for the Negotiations and
Grievance Committees, coordinate the activities of all standing and temporary
committees.
ARTICLE VII
OFFICERS, TERMS, NOMINATIONS AND ELECTIONS
7.1
There shall be the following Executive
Officers:
a)
President
b)
Executive Vice President
c)
Treasurer
d)
Secretary
7.2
The officers’ duties shall be as follows:
a) The President
shall preside at all meetings of the CTA and of the Executive Board and
Representative Assembly. He/she shall issue the call for the regular and special
meetings of the organization. He/she shall appoint committees not otherwise
provided for, with the consent of the Representative Assembly. He/She shall be
an ex-officio member of all committees. The President or his/her designee will
act as Negotiations Chairman.
b) The Executive
Vice President shall be responsible for such activities as assigned to him/her
by the President and/or the Representative Assembly. The Executive Vice
President shall assume all duties of the President during the absence of the
President and shall assume the office of President in the event that the office
is vacated. In the event the President’s absence exceeds fourteen days, the
Executive Vice President shall be accorded all the rights and privileges of the
President for the duration of the President’s absence. In the event the office
of the Executive Vice President is vacated, the President may appoint, with the
approval of two-thirds of the Representative Assembly, a new Executive Vice
President to fill out the remaining days of the term of office.
c) The Treasurer
shall be responsible for the collection of all fees. The Treasurer shall have
charge of all funds of the CTA and shall disburse them as an authorized by the
President or the Representative Assembly. The funds shall be deposited in one or
more local banks. At each regular meeting of the Representative Assembly, he/she
shall make written reports of the financial status of the CTA.
d) The Secretary
shall keep a record of the proceedings at all meetings, regular and special;
reproduce and distribute minutes of all meetings of all organizations of the CTA;
issue notices of meetings containing the agenda of the meeting after
consultation with the President; and conduct the correspondence of the CTA.
e)
The President and Treasurer shall be the
only officers authorized to sign checks on behalf of the CTA, and shall be
required, at the expense, however, of the CTA, to procure fidelity bonds, in a
sum to be prescribed by the Representative Assembly.
f)
Officers will follow the “Bill of Rights of
Members off Labor Organizations,” Fiduciary Responsibilities of Officers of
Labor Organizations,” and any other applicable sections of the U.S. Landrum
Griffin Act, as amended 12/7/87 and as may be amended in the future.
7.3
The officers’ terms of office shall be for
two years and elections shall be held in June of odd-numbered years. A new
officer’s term shall begin the day after the elections.
7.4
Vacant offices of Treasurer and Secretary
shall be filled by appointment of the President and approved by a majority vote
of the Representative Assembly.
7.5 A
Nominating Committee, appointed by the President, shall submit to him/her one
nomination for each office. All nominees must be members in good standing. In
the case of President and Executive Vice President, these two nominees may be
placed as a ticket. The President shall cause the report to be published in each
building at least twenty school days before the biennial election, which date
he/she shall so specify in the same publication as a report. The election date
must be on a regular day of school.
7.6
Additionally, any member in good standing may be nominated for any office by a
petition, signed by not less than fifteen members. The petition shall be
delivered to the Nominating Committee at least ten school days before the
specified election date.
7.7
At least five school days before the
specified election date, the Nominating Committee shall publish in each
building a summary of all nominations for the respective offices.
7.8
Elections Procedures
a)
The elections shall use secret written
ballots, and the voting shall take place in the buildings, except that, in the
case of members having no or multiple building assignments, the President shall
designate one or more locations to serve as buildings for voting purposes.
b)
Printed ballots shall be furnished to all
members at each building. The Treasurer will provide a certified list of members
to each building.
c)
Ballots shall be cast in closed ballots
boxes provided by the Chief Building Representative of each building.
d)
There shall be a Ballot Counting Committee
appointed by the Representative Assembly. A representative of each of the
candidates shall witness the counting of ballots.
e)
At the close of the balloting period, the
Chief Building Representative of each building will forward the ballots cast to
the Ballot Counting Committee in a sealed envelope supplied by that committee.
f)
Ballots will be counted on the day of the
election in a place designated by the Ballot Counting Committee. The Ballot
Counting Committee will certify as elected to each office the candidate
receiving the greatest number of votes for that office.
g)
Any ballots received by the Ballot Counting
Committee in unsealed envelopes or envelopes on which the seal has been broken
will be declared invalid.
h)
In the event of a tie for any office, a
run-off election will be held between the candidates involved in the tie,
according to the above balloting procedure.
i)
In District wide Executive Board elections,
when all nominating processes have been completed and only one candidate has
been nominated for a particular office, the CTA Secretary shall cast one ballot
for that office. He/She will thereby certify that the officially nominated
candidate has been elected to office.
ARTICLE VIII
GENERAL MEMBERSHIP MEETINGS
8.1
The President and Vice President will have
scheduled visitations with the members of each building at least twice a year.
Notice of this will be sent to the Chief Building Representative in advance for
posting. The Treasurer and Secretary will make efforts to join when their
schedule allows.
8.2
Special membership meetings may be called by
the President. In addition, the President shall call a special meeting upon
written request of one-half of the quorum of the assembly.
8.3
A quorum for membership meetings shall be
ten percent of the members in good standing.
8.4
Procedures
for ratification of collective agreements shall be as follows:
a)
After a tentative agreement has been reached
on a new contract between the CTA and the
school district, a special advisory
committee, comprised of 7 members of the negotiations
committee including a
primary, intermediate, middle school, and high school teacher,
a school nurse, a teaching
assistant, and a non-teaching staff member
(i.e. school
counselor/psychologist/social worker) shall be selected by a vote of the
members of the negotiations
committee. All members of the negotiations committee must
have prior notification as
to when the vote will take place. The advisory committee shall
meet with the executive
negotiations team to discuss and review the tentative
agreement.
b)
Prior to contract ratification, at a special
meeting convened for elected building representatives (Representative
Assembly), the Union President, Union Executive Board and the “CTA Negotiator”
representing the Union, will provide the R.A. with written copies of the
Memorandum of Agreement in its entirety and in language as it will appear in the
final contract. As such, the Memorandum of Agreement will contain all
amendments, deletions and additions to the expiring agreement. At that time, the
Union President, et.al. will by way of discussion inform the R.A. of the intent
of the Memorandum of Agreement.
c)
An abstract of the tentative agreement,
detailing all amendments, deletions and additions to the expiring agreement,
will be prepared by the CTA Executive Negotiations Committee and distributed to
members. The abstract will also contain the notice for the special ratification
meeting. The chief building representative will hold an informational meeting on
the next school day to discuss and clarify the abstract.
d)
Between twenty-four and forty-eight hours
after the distribution of the abstract with meeting notice, the special
ratification meeting will take place for the purpose of discussion and debate as
to the tentative agreement, and voting will be by closed ballot. On the day
before or of the ratification vote, absentee ballots will be available only
from the CTA Secretary. The ballots are for those Unit Members who have prior
established district obligations and must be returned immediately to the
CTA Secretary.
ARTICLE IX
DELEGATES TO AFFILIATE ORGANIZATIONS
9.1 The total allocation of delegates and
alternates to the assemblies or conventions of the organizations with which CTA
is affiliated shall be the total delegate entitlement as certified by the
respective organizations in accordance with their respective constitutions,
by-laws, and rules.
9.2 The
delegates and alternates to the respective assemblies or conventions described
in Article 9.1 shall be elected by the membership in accordance with the Rules
and Regulations promulgated by the U.S. Department of Labor pursuant to the
Landrum-Griffin Act and in force at the time of nomination. The President shall
be chief delegate. The Executive Vice President shall be the number two
delegates.
9.3 The
delegates or alternates to the assemblies or conventions described in Article
9.1 shall, at the discretion of the Executive Board, receive reimbursement for
necessary expenses.
9.4 The
delegates or alternates shall attend the assemblies to which they have been
designated by election, and shall report to the Executive Board and
Representative Assembly the proceedings of those assemblies or conventions.
ARTICLE
X STANDING RULES
10.1 The following Standing Committees are
appointed by the President upon the approval vote of the Representative
Assembly pursuant to Article 6.12:
Executive Negotiations Committee*
Health/Insurance Coordinator
Grievance
Committee Publicity Committee
Welfare and Social Coordinator
Constitutional Revision Committee
Scholarship Fund Committee
Professional Council Delegation
Health and Safety Coordinator
Parliamentarian
* The Executive Negotiations Committee shall be
represented by elementary and secondary Unit members exclusive of the CTA
President and Chairperson of the Negotiations Team.
10.2Temporary Committees created at membership or
Representative Assembly meetings will be organized as follows: The mover of
such a Temporary Committee shall be temporary chairperson of that committee.
Members for the committee should be provided by each building
organization, by appointment or election, as the membership of that building
organization shall stipulate. The committee shall elect its chairperson and
secretary, who shall provide written reports to the Representative
Assembly.
10.3Robert’s Rules of Order, Revised shall
be the authority on all questions of procedure specifically stated in this
constitution. The President will appoint a Parliamentarian at the September
Representative Assembly meeting to make such rulings as may be necessary.
ARTICLE
XI AMENDMENTS
11.1
An amendment to this constitution may be
introduced in written format to the Executive Board at any time. The secretary
would then add this item to the agenda for the next scheduled Representative
Assembly meeting in order for the mover(s) to present their proposal.
11.2
When an amendment is introduced, the mover
will state the purpose of the amendment and questions may be raised in order for
the Representative Assembly to fully understand the proposal.
a) Copies of the proposed amendments shall be
furnished to the representatives of the building organizations, who shall then
disseminate them immediately to their respective members. These copies must be
furnished to the members, at least two weeks prior to the membership meetings,
who shall act on the proposed amendments. A two-thirds majority of those voting
is required to adopt amendments. Voting will be by closed ballot.
AMENDMENT DATES: January
12, 1977
February 27, 1985
June 14, 1989
March 20, 2001
May 13,
2002
May 30,
2003
January 19,
2005
June 13, 2006
December, 2009
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