The Constitution of Oregon School Employees Association West Linn - Wilsonville Chapter 102

Article I

Name

This chapter of the Oregon School Employees Association, AFT Local 6732, shall be known as West Linn – Wilsonville Ch. 102.

Article II

Purpose

The purpose of this chapter shall be to represent all employees in the bargaining unit on all matters relating to employee-employer relations, to promote an understanding and cooperative relationship with the administration of West Linn – Wilsonville School District to promote the economic and social welfare of bargaining unit employees, to assist the Association in its legislative efforts, and to further the aims and purposes of all bargaining unit employees.

Article III

Membership

There shall be no discrimination against any member, or any applicant for membership in this chapter by reason of race, color, creed, sex, national origin, political affiliation, age, marital status, disability, or sexual, religious or affectional preference.

Section 1. Active Membership in Good Standing

1. Active membership shall be effective upon the completion, dating and signing of an official OSEA membership application/payroll deduction of dues authorization form.
2. For the purposes of establishing voting rights and eligibility to hold office or positions, active members shall not be deemed to be “in good standing” until the first day of the month following the month in which payroll deduction of dues are made.
3. Active members of this chapter must also be active members of the Association as defined in the OSEA Constitution, Article III, Section 2.
4. Every member in good standing shall have the right to vote and hold elected or appointed office, including committees and Conference delegate positions, to meet and assemble freely with other members, and to express any views or opinions on issues before the chapter or upon candidates in elections.

Section 2. Inactive Membership

1. Any active member granted an unpaid leave of absence greater than thirty (30) days, who is laid off and placed on a re-employment list or whose involuntary termination is pending an appeal action by the Association as appropriate shall be eligible for “inactive membership” upon monthly payments in advance by personal check or money order to the Association of full per capita and chapter dues required as an active member in effect at the time the leave, placement on a re-employment list or date of involuntary termination became effective.
2. Members in inactive status shall have the option to remain in any elected or appointed office or position until completion of that current term as prescribed herein. Such members shall not, however, be allowed to seek re-election or hold any other elected offices or positions until the member returns to paid employment and active membership status is reinstated.
3. Members in inactive status shall be eligible for Association representation in any matter appropriate to ensure their employment status and the right to voice and vote in chapter and Association affairs and other benefits as are afforded active members, except as provided herein.

Section 3. Membership Discipline

Any member of this chapter may be disciplined, suspended or expelled from membership for conduct detrimental to the Association in accordance with Article III, Section 7 of the OSEA Constitution.

Article IV

Dues and Assessments

Section 1. Dues

1. In addition to the per capita dues of the Association, the dues of this chapter shall be one dollar and fifty cents ($1.50) per month, payable by each member of the chapter through payroll deduction for each month in paid status.
2. The chapter dues rate shall only be amended by a secret ballot two-thirds (2/3) vote of the membership present and voting at a regular or special chapter meeting in accordance with Article XVI herein.
3. Association per capita dues shall be determined by the elected delegates at the OSEA Annual Conference.

Section 2. Assessments

1. No assessments shall be levied in this chapter other than those approved by three-fourths (3/4) of the chapter members in good standing present and voting at a regular or special chapter meeting by secret ballot, provided each member of this chapter has been notified in writing at least fifteen (15) days in advance of the nature of the proposal and the time, date and location where the matter will be voted upon.
2. Any assessment or obligation levied by the Association shall be added to the dues established herein and shall be forwarded monthly to the Association.

Article V

Officers

Section 1. Elected Officers

The elected officers of this chapter shall be President, Vice President, Secretary and Treasurer.

Section 2. Duties of Officers

1. The President shall: Be the official spokesperson between the chapter and the employer; preside at all meetings of the chapter and Executive Board; fix the time, place and date of meetings, except as otherwise provided herein or as directed by the membership; set the agenda for the chapter meetings; ensure notice is provided to each member as to the time, date and location of each chapter meeting, which shall include the agenda for such meeting; appoint all committees with the advice and consent of the Executive Board; serve as ex-officio member of all committees except the Elections Committee; serve on the combined district Sick Leave Bank Committee, with one other member appointed by the President; serve on the combined district Reclassification Committee, with one other member appointed by the President; turn over all documents and records pertaining to the office to their successor; and other such duties as pertain to the office of President.
2. The Vice President shall: Perform all duties of the President in the event of the President’s absence; perform all duties as assigned by the President or Executive Board; turn over all documents and records pertaining to the office to their successor; and other such duties as pertain to the office of Vice President. The Vice-President shall serve as the Worksite Organizer Coordinator.
3. The Secretary shall: Keep accurate records and minutes of all meetings of the chapter and Executive Board, including an accurate roll of members and officers in attendance; provide notice to each member as to the time, date and location of each chapter meeting, which shall include the agenda for such meeting; answer all correspondence of the chapter as directed; turn over all documents and records pertaining to the office to their successor; other such duties as pertain to the office of Secretary. The Secretary shall keep all committee membership lists up-to-date and be able to provide them upon request. This listing shall be made available to all members.
4. The Treasurer shall: Keep all funds of the chapter and disperse same under the direction of the Executive Board and as required by the Constitution of this chapter and the Constitution and written policies of this Association; keep accurate records and render monthly financial reports to the membership; assist the Executive Board in the preparation of the chapter’s annual budget; turn over all documents and records pertaining to the office to their successor; and other such duties as pertain to the office of Treasurer. The Treasurer shall maintain an accurate record of all chapter members, both active and inactive.

Article VI

Executive Board

The elected officers, along with the Past President, shall constitute the Executive Board of this chapter. The Executive Board shall have general supervision of the affairs of this chapter and shall transact the routine business as authorized and required herein. The Executive Board, however, shall not conduct any business that would require a vote of the membership.

Past President shall: Serve on the Executive Board in an advisory capacity only without voting rights as a member of the board; and perform other duties as may be assigned by the President and/or the Executive Board.

Article VII

Term of Office and Election Procedures

Section 1. Term of Office

1. Term of office for President, Vice President, Secretary and Treasurer shall be for one (1) year or until their successors are elected. Officers may succeed themselves. Individuals shall be limited to five (5) consecutive terms in any one officer position. Officers elected shall assume their duties at the executive board meeting immediately following the election and chapter meeting wherein the new officers are announced, regardless of the date of the installation ceremony.
2. The Past President shall serve until replaced by the next succeeding Past President, who has completed their term of office as President.

Section 2. Eligibility to Hold Office

Officers shall be elected from among the active members of this chapter who are in good standing and who have attended at least two (2) chapter meetings within the current school year.

Section 3. Nomination to Office

1. Nominations to fill the officer positions shall be accepted from the floor at the January and March meetings. Only members in good standing may nominate candidates. Nominations shall be closed at the March chapter meeting. In the event there is only one (1) nominee for an office, the nominee shall be declared elected and no balloting shall be required.
2. Not less than fifteen (15) calendar days prior to the January chapter meeting, a notice of the pending nominations and election shall be sent to each member in good standing. The notice shall include the time(s), date(s) and location(s) for nominations and balloting and all other procedural instructions relating to the conduct of the nominations and election.

Section 4. Elections

1. Nominations shall be closed at the March chapter meeting. In the event there is only one (1) nominee for an office, the nominee shall be declared elected and no balloting shall be required. When there is more than one (1) nominee for an office, balloting shall be conducted at the March chapter meeting or by chapter meeting vote, worksite location, virtual means or by mail as provided in Appendix A. Election shall be by secret ballot vote. The electronic voting platform provider, working in conjunction with OSEA state office/field office shall have the responsibility for the conduct of the election. The Elections Committee shall have the responsibility for the conduct of the election. No nominated candidate shall be appointed to the Elections Committee.
2. The Elections Committee shall verify OSEA membership in good standing. Only members in good standing shall be permitted to vote.The Executive Board shall designate an officer(s) who is not a candidate in the upcoming election to coordinate with the Elections Committee chair and the OSEA state office/field office regarding any procedural matters involving the election (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 and chapter designees shall work within the operational procedures of the electronic voting platform provider.
3. The OSEA state office/field office shall submit the electronic voting request form to the electronic voting platform provider at least seven (7) 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 upload the eligibility list into the voting system to ensure the link to the electronic ballot goes only to members in good standing at their work emails.
4. Should the name of a bargaining unit employee be missing from the eligibility list, the chair of the Elections Committee 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. 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 and assigned field representative. The Elections Committee chair will notify the membership of the results of the balloting.
5. 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. It shall require a majority of votes cast for the office to be considered duly elected. Absentee and proxy votes shall not be allowed. In the event no candidate receives a majority of votes cast, a runoff election shall be conducted between the two (2) candidates receiving the most votes on the first ballot until one (1) candidate receives a majority.
6. All ballots, tally sheets, notices, eligibility lists and other election materials shall be kept on file for at least one (1) year after the election.
7. All officer election requirements and procedures shall be in accordance with OSEA Board Policy.

Section 5. Officer Retirements

1. Any elected chapter officer who retires from employment and meets the definition of “retiree” as enumerated in Article VI, Section 4, of the OSEA Constitution may request membership approval to continue in office until the expiration of their current term of office provided they maintain membership in good standing for the remainder of the term.
2. Approval to remain in office must be granted prior to the effective date of retirement by a secret ballot majority vote of the members in good standing at a regular or special chapter meeting with not less than fifteen (15) days’ notice provided to the membership.
3. If the request is approved, the officer shall make monthly payments in advance by personal check or money order to the Association of all required per capita and chapter dues until completion of the term. The Association shall reimburse the chapter for its portion of such dues.
4. If the request is not approved, the vacancy created by the retirement shall only be filled in accordance with provisions set forth in Article VIII of this Constitution.

Article VIII

Filling of Vacancies and Recall/Removal from Office

Section 1. Filling of Vacancies

1. A vacancy in the office of President shall be filled by the Vice President.
2. For vacancies in the offices of Vice President, Secretary or Treasurer, the Executive Board shall notify the membership in writing at least fifteen (15) days in advance of a designated chapter meeting of a special election to be held at said meeting. Such notice shall include the date, time and location of the meeting.
3. At the designated chapter meeting, nominations shall be accepted from the floor to fill the vacant office. If there is only one (1) nominee for the vacant office, such nominee shall be declared elected. If the office is contested, a secret ballot vote of members present shall be conducted in accordance with Article VII of this Constitution. It shall require a majority vote to elect. In the event no candidate receives a majority of votes cast, a runoff election shall be conducted between the two (2) candidates receiving the most votes on the first ballot until one (1) candidate receives a majority.
4. If an officer vacancy occurs during the last three (3) months of a term, the office may remain vacant for the remainder of the term, except for the office of President.
5. If the Executive Board is unable to fill a vacancy using the process set forth above, the Executive Board may appoint a member in good standing to fill the vacancy until the next election cycle. In order to serve as a delegate to the Annual Conference, any appointed officer must be elected pursuant to Article XII of this Constitution, the Constitution and written policies of the Association and the requirements of law.

Section 2. Recall from Office

1. Any elected officer may be recalled from office upon two-thirds (2/3) secret ballot vote of the members in good standing present and voting at a meeting called for the purpose of a recall action.
2. Recall may only be initiated by a signed petition of thirty percent (30%) of the members in good standing. The petition shall state the specific reasons for the proposed recall and shall be presented to the Executive Board and the officer subject to the recall action.
3. Upon receipt of the petition, the Executive Board shall schedule a special meeting to be held not less than fifteen (15) days or more than thirty (30) days following its receipt where the charged officer shall be afforded the opportunity to rebut the charges and the secret ballot vote shall be conducted. Attendance at said meeting shall be restricted to members of the Executive Board, members in good standing of the chapter, representatives of the Association and such witnesses as may be pertinent to the action.
4. A notice specifying the date, time and location of the special meeting shall be issued to those eligible for attendance at least ten (10) days in advance of the meeting.
5. If the President has been removed from office as a result of a recall action, they shall automatically forfeit the position of Past President.
6. Elections to fill a vacancy as a result of a recall action shall be held in accordance with Section 1 above.

Section 3. Removal from Office

Any officer of this chapter who is charged and found guilty by the State Association of conduct detrimental to the Association shall cease to be a member in good standing and may be disciplined, suspended or expelled from membership in accordance with Article III, Section 7 of the OSEA Constitution.

Article IX

Meetings and Quorum

Section 1. Regular Meetings

The Executive Board shall establish a schedule of chapter meetings, specific dates and locations to be provided at the first meeting of the year. There shall be no fewer than five (5) regular Chapter meetings. One shall be held before the first day of school and subsequent meetings shall be scheduled in the months of October, January, March and May. Established meeting dates may be changed by the Executive Board with no less than forty-eight (48) hours’ notice to the membership.

Section 2. Special Meetings

Special meetings of the chapter may be called by the President or Executive Board as deemed necessary or shall be called upon petition to the President of twenty percent (20%) of the members in good standing.

Section 3. Meeting Notice

1. Unless otherwise provided herein, notice of a regular or special meeting shall be provided to the membership at least seven (7) days in advance of said meeting. The notice shall include the date, time and location of the meeting, as well as the agenda or a summary of the business to be acted upon at the meeting.
2. In an emergency situation as determined by the Executive Board, notice of a special meeting may be provided to the membership less than seven (7) days but not less than twenty-four (24) hours in advance.
3. Issues brought forward not specified in a special meeting notice shall not be in order.

Section 4. Quorum

It shall require the attendance of at least eight (8) members in good standing, including a majority of the executive officers, at any regular or special meeting for business to be acted upon.

Section 5. Executive Board Meetings

During any months that regular chapter meetings are not held, the Executive Board shall meet at least once to conduct business. The Executive Board may conduct additional executive meetings on an as needed basis. The Executive Board shall not take any action at an Executive Board meeting that would require a vote of the membership. Three (3) officers present at any Executive Board meeting shall constitute a quorum. The President must notify all Executive Board members at least forty-eight (48) hours prior to an Executive Board meeting.

Article X

Committees

Section 1. Standing Committees

The standing committees of this chapter shall be: Labor-Management, Government Relations, Elections, Membership and Negotiations. The duties of each standing committee are as follows:

1. The Labor-Management Committee shall: Consist of the President and the assigned OSEA field representative. Attempt to resolve matters concerning bargaining unit employee issues through problem-solving techniques. Handle all issues concerning bargaining unit members excluding individual disciplinary issues, active grievance actions or issues subject to bargaining. If a member of the committee has a conflict of interest on any issue being considered, that member will be excluded from discussion/resolution on that issue.
2. The Government Relations Committee shall: Promote the political and legislative agenda and interests of the chapter as determined by the chapter membership and directed by the President and Executive Board. Coordinate with the OSEA government relations office on matters related to local, state and federal government relations programs and activities. Report on chapter government relations activities to the chapter membership, the President and the Executive Board.
3. The Elections Committee shall: Ensure that all election procedures are conducted in accordance with the OSEA Constitution and Board Policy.
4. The Membership Committee shall: Consist of the worksite organizer coordinator and worksite organizers. Work with the assigned OSEA organizer and field representative on local chapter membership drives. Promote the OSEA Membership Incentive Program (MIP) and develop local membership incentive programs with the advice and consent of the Executive Board. Report on membership organizing activities to the chapter membership, Executive Board and appropriate OSEA staff.
5. The Negotiations Committee shall: Consist of at least one (1), but no more than two (2) representatives from each classification, whenever possible, the Executive Board, and the OSEA field representative, who shall be a non-voting member. Review the current contract and gather information from members to assist in the development of an initial proposal. Develop an initial bargaining proposal. Negotiate the contract and any modifications thereof, including re-openers and memorandums of understanding/agreement. Ensure any tentative agreements reached are voted upon by the membership in accordance with Article XIV of this Constitution.

Section 2. Special Committees

Special committees may be appointed as deemed necessary by the Executive Board or the membership to perform a specific task and shall be considered temporary in nature. The composition and duties of these committees shall be identified by the Executive Board at the time of appointment.

Section 3. Appointment

The President, with the advice and consent of the Executive Board, shall appoint all standing and special committees, except as provided herein.

Section 4. Term

Unless otherwise provided herein, the term of service for all committees shall be from appointment through June 30. Should circumstances require the committee’s continued service, the Executive Board shall inform committee members seven (7) days prior to the end of their term.

Section 5. Quorum

A majority of committee members present at any committee meeting shall constitute a quorum. The committee chair must notify all committee members at least forty-eight (48) hours prior to a committee meeting.

Article XI

Worksite Organizers and Job Stewards

Section 1. Worksite Organizers

1. Each building or department shall have at least one (1) worksite organizer appointed by the President with the advice and consent of the Executive Board, given the employees at the worksite sustain the appointment.
2. The worksite organizer shall: Welcome new employees; encourage new employees and non-members to become members; post and distribute information; provide union information to members; refer members to chapter and OSEA resources; help chart and update basic employee data annually and provide same to chapter leadership and OSEA staff; regularly communicate with chapter leadership and OSEA staff about issues at the worksite; attend chapter meetings; attend required trainings; serve on the Membership Committee.

Section 2. Job Stewards

1. Job stewards shall be appointed by the President with the advice and consent of the Executive Board. To be eligible for appointment, a member must successfully complete the basic steward training conducted by OSEA.
2. The job steward shall: Ensure employer compliance with the collective bargaining agreement; investigate employee complaints and grievances; represent employees at investigatory meetings; represent employees at the informal and first formal stages of the grievance procedure, at a minimum; provide detailed reports to the Executive Board and field representative on their activities; work in conjunction with the field representative; attend chapter meetings; attend job steward meetings; attend required trainings.

Article XII

Annual and Special Conferences

Section 1. Eligibility

Conference delegates and alternates shall be elected from among the active members of this chapter who are in good standing. The number of delegates authorized by the chapter is based on the maximum allowed pursuant to Article XIII of the OSEA Constitution. The Executive Board shall determine the actual number of delegate positions to be filled based on available funding and resources.

Section 2. Nominations

1. Nominations to fill Conference delegate positions shall be accepted from the floor at the January and March chapter meetings. Only members in good standing may nominate candidates. The Executive Officers are automatic delegates.
2. Not less than fifteen (15) calendar days prior to the January chapter meeting, a notice of the pending nominations and election shall be sent to each member in good standing. The notice shall include the time(s), date(s) and location(s) for nominations, balloting, and all other procedural instructions relating to the conduct of the nominations and election. The field representative will forward the electronic voting request to the OSEA state office/field office.

Section 3. Elections

1. Nominations shall be closed at the March chapter meeting. In the event the number of nominees equals or is less than the number of authorized Conference delegate positions, the nominees shall be declared elected and no balloting shall be required.
2. When there are more nominees for Conference delegates than there are available positions, balloting shall be conducted at the chapter meeting or by remote electronic vote utilizing an OSEA-approved electronic voting platform as provided in Appendix B. Election shall be by secret ballot vote. The Elections Committee shall have the responsibility for the conduct of the election. No nominated candidate shall be appointed to the Elections Committee.
3. The Elections Committee shall verify OSEA membership in good standing. Only members in good standing shall be permitted to vote.
4. The Executive Board shall designate an officer(s) who is not a candidate in the upcoming election to coordinate with the Elections Committee chair and the OSEA state office/field office regarding any procedural matters involving the election (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.
5. Should the name of a bargaining unit employee be missing from the eligibility list, the chair of the Elections Committee 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. The OSEA state office/field office shall submit the electronic voting request form to the electronic voting platform provider at least seven (7) business days prior to the vote date with any special instructions and documents in the provider’s requested format attached. Included in the special instructions shall be the number of delegate positions the chapter needs to fill. The OSEA state office/field office shall generate and upload the eligibility list into the voting system to ensure the link to the electronic ballot goes only to members in good standing at their work emails.
6. The chair of the Elections Committee will notify the membership of the results of the balloting at the May chapter meeting.
7. It shall require a majority of votes cast for delegate positions to be considered duly elected. Absentee and proxy votes shall not be allowed. In the event of a tie vote, the election shall be determined by bingo if there are not enough open positions for all nominees. A bingo committee shall be convened and shall operate according to the OSEA Annual Conference Standing Rules.
8. Members not elected as delegates shall be designated as alternates and ranked in descending order based on the number of votes received. Alternates will be called upon to fill vacant delegate positions based on their ranking.
9. All ballots, tally sheets, notices, eligibility lists and other election materials shall be kept on file for at least one (1) year after the election.
10. All Conference delegate election requirements and procedures shall be in accordance with OSEA Board Policy.

Section 4. Term of Service

Delegates and alternates shall serve until the convening of the next Annual Conference, which shall include any special Conference, or until they resign their delegate/alternate positions or are no longer eligible to serve due to loss of membership in good standing. Chapter officers designated as automatic delegates shall maintain such delegate status only for the period they remain an elected chapter officer.

Article XIII

Control of Funds

Section 1. Fiscal Year

The fiscal year of this chapter shall be from July 1 through June 30.

Section 2. Receipt and Distribution of Funds

All funds received shall be deposited in the name of West Linn – Wilsonville Chapter 102 OSEA, in the financial institution designated by the OSEA Board of Directors. No funds shall be disbursed except by check duly authorized and signed by the Treasurer. In the event the funds are being are disbursed to the Treasurer, the check shall be signed by the President or the Vice-President. In the event of a vacancy in the office of Treasurer, funds shall only be disbursed upon the signature of either the President or the Vice President. At no time will the receiver of funds be the person who signs the check.

Section 3. Annual Budget

The Executive Board shall prepare an annual budget for approval by the chapter membership prior to the end of each fiscal year, which shall include estimated revenue and expenditures and amounts to be set aside, when possible, as reserve funds. Any expenditure not in the adopted chapter budget shall require the approval of the majority of the members present and voting at a chapter meeting. Such approval shall be noted in the minutes of the chapter meeting where the approval was granted.

Section 4. Audit of Chapter Financial Records

The Association’s executive director may require an immediate audit of the books and records of the chapter in the interest of protecting chapter and/or Association funds or assets or to ensure proper financial disclosure and reporting as is required of an exclusive representative under applicable law. Such an audit may be made by the executive director, or designee, and the chapter shall make available all records necessary to permit a total review of financial activity for the period required.

Section 5. Required Reports

The Treasurer shall be required to maintain financial records of revenue and expenditures and to render a report to the membership at any regular chapter meeting, signed by both the President and Treasurer.

The Executive Board shall ensure that any financial reports required by the Association shall be completed and submitted in a timely manner.

Section 6. Fund Solicitation

No funds shall be solicited in the name of this chapter without authorization of the Executive Board.

Article XIV

Collective Bargaining

Procedures governing collective bargaining and ratification voting shall be in accordance with Article V of the OSEA Constitution and OSEA Board Policy 423.

Section 1. Initial Proposal

When negotiating a full contract, re-opener or other modifications to an existing contract, the Negotiations Committee shall survey the membership for its recommendations when developing the initial proposal.

Section 2. Negotiated Agreements

1. Every full contract, re-opener or other modifications to an existing contract, including memorandums of agreement/understanding (MOA/MOU) or side letters of agreement, shall be executed by both a chapter representative(s) and an Association representative.
2. This chapter shall not enter into any collective bargaining agreement, or any modification(s) thereof, or take a formal ratification vote until the tentative agreement has been reviewed for legal compliance by the assigned field representative and/or the Director of Field Operations.
3. Pursuant to OSEA Board Policy 423, the following shall not be subject to or require a ratification vote:
   1. Settlement agreements resulting from grievance procedures, unfair labor practice charges or Employment Relations Board (ERB) proceedings unless they would have a generalized effect on the bargaining unit as determined by the Director of Field Operations;
   2. Individual employee severance agreements;
   3. Individual reclassifications or the creation of new positions when they:
      1. are accomplished utilizing reclassification procedures contained within the collective bargaining agreement,
      2. are submitted as part of an initial or re-opener proposal, or
      3. are accomplished with the assistance and/or approval of the assigned field representative.
   4. Any changes to a collective bargaining agreement required as a result of a ruling by any court of competent jurisdiction, by statute or constitutional amendment or by ruling of the Employment Relations Board (ERB).
   5. Any term extension or “roll-over” setting a new term of any collective bargaining agreement shall require membership ratification in accordance with provisions set forth herein.

Section 3. Ratification Procedures

1. 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.
2. 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, answering of questions and subsequent voting. 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 or vote.

Section 4. Ratification Voting

1. The ratification vote shall be by written secret ballot conducted in accordance with provisions set forth herein by remote electronic balloting utilizing an OSEA-approved electronic voting platform which shall be consistent with Association policies and procedures. 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.
2. No voting shall occur until the discussion/debate period has begun as prescribed in Section 3b.
3. The Executive Board shall designate an officer(s), who is not on the ballot, 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.
4. At least two (2) members of the Elections Committee shall be designated as tellers to conduct the balloting process. Tellers 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 Treasurer, Secretary or field representative. Only members in good standing shall be permitted to vote. 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.
5. Should the name of a bargaining unit employee be missing from the eligibility list, the chair of the Elections Committee 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. 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
6. It shall require a majority of votes cast in the affirmative for ratification. Proxy votes shall not be allowed.
7. All ballots, tally sheets, notices, eligibility lists and other ratification materials shall be kept on file for at least one (1) year after ratification.
8. All ratification requirements and procedures shall be in accordance with OSEA Board Policy.

Section 5. Executed Agreement

1. Every collective bargaining agreement, including re-openers and other modifications to an existing contract, shall be signed and dated by the appropriate representative(s) of the chapter and a staff representative of the Association. No contract/re-opener shall be valid unless ratified by the membership in accordance with provisions set forth herein and OSEA Board Policy.
2. Upon ratification and signature by the employer, the chapter shall ensure the OSEA State Office, the assigned field representative and each bargaining unit employee is promptly provided a copy of the signed and dated agreement either in printed or electronic form.

Article XV

Parliamentary Authority

Except as provided by the Constitution of this chapter, Robert’s Rules of Order, Newly Revised shall govern all proceedings of this chapter and committees.

Article XVI

Amendments/Revisions

Section 1. Motion to Amend/Revise – First Reading

A motion to amend/revise the Constitution of this chapter may be made by any member in good standing at any regular or special meeting of the chapter, provided that the proposed amendment/revision is submitted in writing. This submission shall constitute the first (1st) reading. In the case of a revision, an overview of the proposed changes may be provided to the membership in lieu of a full reading of the text.

Section 2. Notice of Proposed Amendment/Revision and Action – Second Reading

1. The President shall cause the proposed amendment/revision to be placed on the agenda of the next regular chapter meeting, which shall be no less than twenty-one (21) days after the first reading, where the proposed amendment/revision shall be read a second (2nd) time and acted upon. Any proposed amendment(s)/revision(s) are subject to amendment.
2. Written notification of the proposed amendment/revision, including the date, time and location of the meeting, as well as the complete text of the proposed changes, shall be provided to all members in good standing not less than fifteen (15) days prior to the meeting.

Section 3. Adoption

Two-thirds (2/3) of eligible members present and voting shall be required to adopt the proposed amendment/revision. Any amendment/revision which includes any change in the chapter dues rate/structure or assessments shall require a secret ballot vote.

Section 4. State Association Review

All amendments/revisions to the Constitution shall be submitted to the OSEA executive director for review within ten (10) days following their adoption. Such amendments/ revisions shall include the date of the revision/adoption. The executive director shall determine that the technical composition of the amendments/revisions is in compliance with the OSEA Constitution and/or Board Policy and the requirements of law. The amendments/revisions shall not be in full force and effect until final approval of the Association.