APPENDIX C

Collective Bargaining

(Worksite balloting)

Section 3. Ratification Procedures

When the Negotiations Team has reached a tentative agreement with the employer, it shall, prior to submitting the tentative agreement to the membership for ratification, submit one (1) copy to the Director of Field Operations and one (1) copy to the assigned field representative, if the field representative was not a participant in the negotiations, to determine whether the Agreement is in compliance with applicable state or federal law and/or OSEA's Constitution and/or written policies. If the review identifies non-compliance issues, the director shall provide the chapter with required changes to bring the tentative agreement into compliance prior to ratification.
After return of the compliance review, the President shall schedule a meeting(s) of all bargaining unit employees where the leadership, Negotiations Committee/Team and/or the field representative shall outline all provisions of the tentative agreement and provide opportunity for discussion, debate and answering of questions. Copies of the tentative agreement shall be provided to all employees in attendance at the informational meeting. For those employees unable to attend the informational meeting a copy of the tentative agreement shall be mailed/emailed to the employees upon request.
1. The meeting notice shall itemize the date(s), time(s) and location(s) of the meeting and shall be sent to all bargaining unit employees not less than five (5) working days prior to the meeting date. A copy or summary of the tentative agreement shall be issued with the meeting notice.
  Exception: The OSEA executive director may approve a notice period of less than five (5) working days but not less than 48 hours upon request by the Executive Board.
2. The meeting shall be open to all employees of the bargaining unit whether they are OSEA members or not. Non-members in attendance shall be granted the right to participate in the discussion and debate. They shall not, however, have the right to make motions and vote.

Section 4. Ratification Voting

The ratification vote shall be by written secret ballot conducted in accordance with provisions set forth herein, which shall be consistent with Association policies and procedures.
No voting shall occur until the informational meeting has been held as prescribed in Section 3b.
The Elections Committee shall have the responsibility for the conduct of the ratification vote. At least one (1) worksite organizer (WSO) or designee shall be appointed as teller to conduct the voting at each designated worksite, which shall begin and end on the same day.
The Elections Committee will notify the members at each worksite at least five (5) working days prior to the balloting date of the location of their balloting site, the specific date and time(s) during which balloting will take place and the name of the WSO or designee conducting the worksite balloting. In the event a worksite has no WSO or member(s) willing and able to oversee balloting at their worksite, a member(s) of the Executive Board or Elections Committee shall be responsible for overseeing the balloting at that worksite. Balloting times shall be established in such a manner as to accommodate the various employee work schedules. The Elections Committee will prepare and distribute ballots, ballot boxes/receptacles, eligibility lists and a list of all worksite tellers with contact information to the WSO or designee. The WSO or designee is responsible for maintaining the custody of the ballots and ballot box. Completed ballots are to be brought by the WSO, designee or member of the Elections Committee to the location designated by the Elections Committee for ballot tallying.
The worksite teller shall verify OSEA membership in good standing and members shall sign or initial for receipt of their ballot on the eligibility list provided by the designated Elections Committee member. Only members in good standing shall be permitted to vote.
Should the name of a bargaining unit employee be missing from the eligibility list, the worksite teller shall contact the chair of the Elections Committee who shall verify membership status with the State Association. Upon verification of membership status, the employee's name shall be added to the eligibility list and the employee shall be allowed to vote. If membership status cannot be verified, the employee shall be allowed to cast a ballot, which shall be sealed in an envelope and held by the Elections Committee pending verification. Should the ballot not affect the outcome of the vote, it shall remain in the sealed envelope and held on file with the tabulated ballots.
If a member is on temporary assignment at a worksite other than their regular worksite, the worksite teller shall contact the worksite teller at the employee's regular worksite, verify the employee's membership status and, if a member, the employee's name shall be added to the eligibility list and shall be allowed to vote. The worksite teller at the employee's regular worksite shall note the employee had voted at the other worksite on their eligibility list.
Voted ballots shall be deposited into a closed and secure ballot box/receptacle which shall be kept in a secure location at all times by the worksite teller. Ballots shall not be signed, initialed or numbered in any manner as to reveal the identity of the member voting.
The Elections Committee will validate and tabulate all ballots. The total number of ballots issued and returned shall be verified against the eligibility list for each individual worksite prior to combining all returned ballots for the final count of all votes. If there is a discrepancy, the ballots for that worksite shall be held by the Elections Committee to determine if the ballots cast will affect the outcome of the vote.
It shall require a majority of votes cast in the affirmative for ratification. Absentee and proxy votes shall not be allowed. The chair of the Negotiations Committee will notify the membership and the employer of the results of the balloting.
All ballots, tally sheets, notices, eligibility lists and other ratification materials shall be kept on file for at least one (1) year after the ratification.

(Centralized worksite balloting)

Section 3. Ratification Procedures

When the Negotiations Team has reached a tentative agreement with the employer, it shall, prior to submitting the tentative agreement to the membership for ratification, submit one (1) copy to the Director of Field Operations and one (1) copy to the assigned field representative, if the field representative was not a participant in the negotiations, to determine whether the Agreement is in compliance with applicable state or federal law and/or OSEA's Constitution and/or written policies. If the review identifies non-compliance issues, the director shall provide the chapter with required changes to bring the tentative agreement into compliance prior to ratification.
After return of the compliance review, the President shall schedule a meeting(s) of all bargaining unit employees where the leadership, Negotiations Committee/Team and/or the field representative shall outline all provisions of the tentative agreement and provide opportunity for discussion, debate and answering of questions. Copies of the tentative agreement shall be provided to all employees in attendance at the informational meeting. For those employees unable to attend the informational meeting, a copy of the tentative agreement shall be mailed/emailed to the employees upon request.
1. The meeting notice shall itemize the date(s), time(s) and location(s) of the meeting and shall be sent to all bargaining unit employees not less than five (5) working days prior to the meeting date. A copy or summary of the tentative agreement shall be issued with the meeting notice.
  Exception: The OSEA executive director may approve a notice period of less than five (5) working days but not less than 48 hours upon request by the Executive Board.
2. The meeting shall be open to all employees of the bargaining unit whether they are OSEA members or not. Non-members in attendance shall be granted the right to participate in the discussion and debate. They shall not, however, have the right to make motions and vote.

Section 4. Ratification Voting

The ratification vote shall be by written secret ballot conducted in accordance with provisions set forth herein, which shall be consistent with Association policies and procedures.
No voting shall occur until the informational meeting has been held as prescribed in Section 3b.
The Elections Committee shall have the responsibility for the conduct of the ratification vote. At least two (2) members of the Elections Committee shall be designated as tellers to conduct the balloting process.
Balloting shall be conducted at a centralized worksite as determined by the Executive Board. The Elections Committee will notify the members at least five (5) working days prior to the balloting date of the location of their balloting site and the specific date and time(s) during which balloting will take place. Balloting times shall be established in such a manner as to accommodate the various employee work schedules.
The Elections Committee shall verify OSEA membership in good standing and members shall sign or initial for receipt of their ballot on the eligibility list.
Should the name of a bargaining unit employee be missing from the eligibility list, the Elections Committee chair shall verify membership status with the State Association. Upon verification of membership status, the employee's name shall be added to the eligibility list and the employee shall be allowed to vote. If membership status cannot be verified, the employee shall be allowed to cast a ballot, which shall be sealed in an envelope and held by the Elections Committee pending verification. Should the ballot not affect the outcome of the vote, it shall remain in the sealed envelope and held on file with the tabulated ballots.
Voted ballots shall be deposited into a closed and secure ballot box/receptacle. Ballots shall not be signed, initialed or numbered in any manner as to reveal the identity of the member voting.
The Elections Committee will validate and tabulate all ballots at the conclusion of balloting. It shall require a majority votes cast in the affirmative for ratification. Absentee and proxy votes shall not be allowed. The chair of the Negotiations Committee will notify the membership and the employer of the results of the balloting.
All ballots, tally sheets, notices, eligibility lists and other ratification materials shall be kept on file for at least one (1) year after the ratification.

(Mail balloting)

Section 3. Ratification Procedures

When the Negotiations Team has reached a tentative agreement with the employer, it shall, prior to submitting the tentative agreement to the membership for ratification, submit one (1) copy to the Director of Field Operations and one (1) copy to the assigned field representative, if the field representative was not a participant in the negotiations, to determine whether the Agreement is in compliance with applicable state or federal law and/or OSEA's Constitution and/or written policies. If the review identifies non-compliance issues, the director shall provide the chapter with required changes to bring the tentative agreement into compliance prior to ratification.
After return of the compliance review, the President shall schedule a meeting(s) of all bargaining unit employees where the leadership, Negotiations Committee/Team and/or the field representative shall outline all provisions of the tentative agreement and provide opportunity for discussion, debate and answering of questions. Copies of the tentative agreement shall be provided to all employees in attendance at the informational meeting. For those employees unable to attend the informational meeting, a copy of the tentative agreement shall be mailed/emailed to the employees upon request.
1. The meeting notice shall itemize the date(s), time(s) and location(s) of the meeting and shall be sent to all bargaining unit employees not less than five (5) working days prior to the meeting date. A copy or summary of the tentative agreement shall be issued with the meeting notice.
  Exception: The OSEA executive director may approve a notice period of less than five (5) working days but not less than 48 hours upon request by the Executive Board.
2. The meeting shall be open to all employees of the bargaining unit whether they are OSEA members or not. Non-members in attendance shall be granted the right to participate in the discussion and debate. They shall not, however, have the right to make motions and vote.

Section 4. Ratification Voting

The ratification vote shall be by written secret ballot conducted in accordance with provisions set forth herein, which shall be consistent with Association policies and procedures.
No voting shall occur until the informational meeting has been held as prescribed in Section 3b.
The Elections Committee shall have the responsibility for the conduct of the ratification vote.
Balloting shall be conducted by mail ballot. No later than five (5) days following the informational meeting, and at least fifteen (15) days before the last day on which the ballots must be returned in order to be counted, the Elections Committee will prepare the ratification notice and ballots, including instructions for its completion and return, which shall be mailed to each member in good standing at their last known home address.
Mail balloting shall be the same as the "Oregon vote by mail" system with a secrecy envelope (required) and a postage-paid return envelope signed by the member for verification purposes only. Ballots shall not be signed, initialed or numbered in any manner as to reveal the identity of the member voting.
The chapter shall arrange for a special post office box/mailbox where ballots shall be returned. After the ballot submission deadline has been reached, the chair of the Elections Committee and at least one (1) additional member of the committee shall retrieve the ballots from the post office box/mailbox.
Alternative: With prior approval of the Director of Field Operations, ballots may also be sent to either the OSEA State Office or to the chapter's assigned field office. After the ballot submission deadline has been reached, the chair of the Elections Committee and at least one (1) additional member of the committee shall retrieve the ballots from the field office/OSEA State Office.
All costs associated with the mail balloting shall be the sole responsibility of the chapter.
The Elections Committee will validate and tabulate all ballots. The signature on the return envelope will be checked against the list of eligible voters. The voter will be checked off the list as having voted. The return envelopes will then be opened and the secrecy envelopes removed and set aside until all return envelopes have been opened. Secrecy envelopes will then be opened with ballots being placed in a receptacle until all secrecy envelopes have been opened. Ballots are then removed from the receptacle and counted.
It shall require a majority of votes cast in the affirmative for ratification. Proxy votes shall not be allowed. The chair of the Negotiations Committee will notify the membership and the employer of the results of the balloting.
All ballots, tally sheets, notices, eligibility lists, return envelopes and other ratification materials shall be kept on file for at least one (1) year after the ratification.

(Remote electronic balloting)

State Association-run voting process

Section 3. Ratification Procedures

When the Negotiations Team has reached a tentative agreement with the employer, it shall, prior to submitting the tentative agreement to the membership for ratification, submit one (1) copy to the Director of Field Operations and one (1) copy to the assigned field representative, if the field representative was not a participant in the negotiations, to determine whether the Agreement is in compliance with applicable state or federal law and/or OSEA's Constitution and/or written policies. If the review identifies non-compliance issues, the director shall provide the chapter with required changes to bring the tentative agreement into compliance prior to ratification.
After return of the compliance review, the President shall schedule a meeting(s) of all bargaining unit employees where the leadership, Negotiations Committee/Team and/or the field representative shall outline all provisions of the tentative agreement and provide opportunity for discussion, debate and answering of questions. Copies of the tentative agreement shall be provided to all employees in attendance at the informational meeting. For those employees unable to attend the informational meeting, a copy of the tentative agreement shall be mailed/emailed to the employees upon request.
1. The meeting notice shall itemize the date(s), time(s) and location(s) of the meeting and shall be sent to all bargaining unit employees not less than five (5) working days prior to the meeting date. A copy or summary of the tentative agreement shall be issued with the meeting notice.
  Exception: The OSEA executive director may approve a notice period of less than five (5) working days but not less than 48 hours upon request by the Executive Board.
2. The meeting shall be open to all employees of the bargaining unit whether they are OSEA members or not. Non-members in attendance shall be granted the right to participate in the discussion and debate. They shall not, however, have the right to make motions and vote.

Section 4. Ratification Voting

The ratification vote shall be conducted in accordance with provisions set forth herein by remote electronic balloting utilizing an OSEA-approved electronic voting platform. Utilizing a non-OSEA-approved electronic voting program/platform will invalidate the ratification. Ratification shall be by secret ballot vote. The electronic voting platform provider, working in conjunction with the OSEA state office/field office shall have the responsibility for the conduct of the ratification vote. The Elections Committee shall have the responsibility for oversight of the voting process.
No voting shall occur until the informational meeting has been held as prescribed in Section 3b.
The Executive Board shall designate an officer(s) to coordinate with the Elections Committee chair and the OSEA state office/field office regarding any procedural matters involving the ratification vote (i.e., determination of voting times, verification of system functionality, identifying and resolving discrepancies and/or ballot rejections, etc.). The OSEA state office/field office, Elections Committee and officer designee(s) shall work within the operational procedures of the electronic voting platform provider.
The assigned OSEA field representative shall submit the electronic voting request form to the OSEA state office/field office at least five (5) business days prior to the vote date with any special instructions and documents in the provider's requested format attached. The OSEA state office/field office shall upload the voter eligibility list into the system to ensure the link to the electronic ballot goes only to members in good standing at their work emails.
At the conclusion of the vote, the OSEA state office/field office shall retrieve the results and email them to the chapter president, Elections Committee chair, Negotiations Committee chair and field representative. The chair of the Negotiations Committee will notify the membership and the employer of the results of the balloting.
It shall require a majority of votes cast in the affirmative for ratification. Proxy votes shall not be allowed.
All notices, eligibility lists, request forms, reports and other election materials shall be kept on file for at least one (1) year after the ratification.
All ratification requirements and procedures shall be in accordance with OSEA Board Policy.

Chapter-run ratification process

Section 3. Ratification Procedures

When the Negotiations Team has reached a tentative agreement with the employer, it shall, prior to submitting the tentative agreement to the membership for ratification, submit one (1) copy to the Director of Field Operations and one (1) copy to the assigned field representative, if the field representative was not a participant in the negotiations, to determine whether the Agreement is in compliance with applicable state or federal law and/or OSEA's Constitution and/or written policies. If the review identifies non-compliance issues, the director shall provide the chapter with required changes to bring the tentative agreement into compliance prior to ratification.
After return of the compliance review, the President shall schedule a meeting(s) of all bargaining unit employees where the leadership, Negotiations Committee/Team and/or the field representative shall outline all provisions of the tentative agreement and provide opportunity for discussion, debate and answering of questions. Copies of the tentative agreement shall be provided to all employees in attendance at the informational meeting. For those employees unable to attend the informational meeting, a copy of the tentative agreement shall be mailed/emailed to the employees upon request.
1. The meeting notice shall itemize the date(s), time(s) and location(s) of the meeting and shall be sent to all bargaining unit employees not less than five (5) working days prior to the meeting date. A copy or summary of the tentative agreement shall be issued with the meeting notice.
  Exception: The OSEA executive director may approve a notice period of less than five (5) working days but not less than 48 hours upon request by the Executive Board.
2. The meeting shall be open to all employees of the bargaining unit whether they are OSEA members or not. Non-members in attendance shall be granted the right to participate in the discussion and debate. They shall not, however, have the right to make motions and vote.

Section 4. Ratification Voting

The ratification vote shall be conducted in accordance with provisions set forth herein by remote electronic balloting utilizing an OSEA-approved electronic voting platform. Utilizing a non-OSEA-approved electronic voting program/platform will invalidate the ratification. Ratification shall be by secret ballot vote. The electronic voting platform provider, working in conjunction with the Elections Committee, shall have the responsibility for the conduct of the ratification vote.
No voting shall occur until the informational meeting has been held as prescribed in Section 3b.
The Executive Board shall designate an officer(s) to coordinate with the Elections Committee chair regarding any procedural matters involving the ratification vote (i.e., determination of voting times, verification of system functionality, identifying and resolving discrepancies and/or ballot rejections, etc.). The Elections Committee and officer designee(s) shall work within the operational procedures of the electronic voting platform provider.
The Elections Committee chair shall submit the electronic voting request form to the electronic voting platform provider at least five (5) business days prior to the vote date with any special instructions and documents in the provider's requested format attached. The OSEA state office/field office shall generate and provide the chapter with the voter eligibility list which shall be uploaded by the Elections Committee chair into the system to ensure the link to the electronic ballot goes only to members in good standing at their work emails.
At the conclusion of the vote, the Elections Committee chair shall retrieve the results and email them to the chapter president, Negotiations Committee chair and field representative. The chair of the Negotiations Committee will notify the membership and the employer of the results of the balloting.
All costs associated with the electronic balloting shall be the sole responsibility of the chapter.
It shall require a majority of votes cast in the affirmative for ratification. Proxy votes shall not be allowed.
All notices, eligibility lists, request forms, reports and other election materials shall be kept on file for at least one (1) year after the ratification.
All ratification requirements and procedures shall be in accordance with OSEA Board Policy.

Chapter Governance Constitution Template
Revised by OSEA Board of Directors: October 4, 2024