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The document below is the Constitution and Bylaws of the AAUP-WSU as they stood until November 21, 2012 (when major changes were adopted), including an amendment approved at the chapter's meeting on May 25, 2011; the sole change from the previous version is the addition of a new sub-article V A 2 p. The previous version, in turn, featured a single change adopted on November 6, 2006 [namely a new sub-article "No Penalty for Joining Chapter" in Article VIII] to amend the version approved March 21, 2003.
The successor of the version below may be viewed here.
Article I: Name
Article II: Purposes, Empowerment, Fiduciary responsibility, and Distribution of Assets in Event of Chapter Dissolution
II. A. Purposes
II. B. Empowerment
II. C. Fiduciary Responsibility Statement
II. D. Distribution of Assets in Event of Chapter Dissolution
Article III: Members
III. A. Definition
III. B. Categories
III. C. Rights and Privileges
Article IV: Officers
IV. A. Elected Officers
IV. B. Vacancies
IV. C. Conflict of Interest Statement
Article V: Committees
V. A. Executive Committee
V. B. Other Committees
Article VI: Nominations and Voting Procedures for Election of Officers and At-Large Members
VI. A. Nominations
VI. B. Voting Procedures
VI. C. Term of Office
Article VII: Meetings
VII. A. Regular Chapter Meetings
VII. B. Special Chapter Meetings
VII. C. Agenda Items
VII. D. Quorum
Article VIII: Dues
VIII. A. Establishment of Local Chapter Dues
VIII. B. Dues Rates for Regular Chapter Members
VIII. C. Dues Rates for Associate Chapter Members
VIII. D. Dues for RCMs on Reduced Salary Leave
VIII. E. Special Dues Assessment
VIII. F. Method of Payment
VIII. G. No Limitations Clause
VIII. H. No Penalty for Joining Chapter
Article IX: Parliamentary Procedure at Meetings
Article X: Contract Negotiations
X. A. Overview
X. B. Composition of the Bargaining Council
X. C. Selection and Term of Bargaining Council Members
X. D. Duties of the Bargaining Council and its Members
X. E. Duties of the Negotiating Team and its Members
X. F. Contract Ratification
Article XI: Amendments
The name of this organization is the Wright State University Chapter of the American Association of University Professors (AAUP/WSU).
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A. Purposes
The Purposes of the WSU Chapter are to:
- Support the policies and goals of the Association as found in Article I of its national constitution : to facilitate a more effective cooperation of teachers and research scholars in universities, colleges, and professional schools; to promote the interests of higher education and research; to increase the usefulness and advance the standards, ideals, and welfare of the profession.
- Serve as the collective bargaining agent for the Collective Bargaining (CB) Unit Faculty (unit certified by the Ohio State Employment Relations Board on 11 June 1998 and amended subsequently by law or mutual agreement). The CB Unit consists of "all full-time tenured and tenure-track faculty employed by Wright State University. Excluded from the unit are: All department chairs and heads, all ranks of deans, all ranks of provosts, all ranks of vice-presidents, the president, all other supervisors defined by O.R.C. 4117.01(F.), all faculty within the Schools of Medicine and Professional Psychology other than those who are tenured or tenure-track, and all other employees not included above." Hereafter, in this document, the terms "Collective Bargaining Unit" and "Collective Bargaining Unit faculty" will refer to the above defined unit.
- Defend academic freedom at Wright State University.
- Encourage participation in Faculty governance at Wright State University.
- Protect and advance the professional status and interests of all faculty.
- Facilitate the dissemination among the WSU faculty of information on higher education principles and practices.
- Convey the policies and views of the AAUP to WSU administrators, the Wright State University Board of Trustees, local and state legislative bodies, and the general public.
- Participate in the Ohio Conference of AAUP Chapters, the AAUP Collective Bargaining Congress, and the national AAUP.
- Develop necessary and proper chapter programs to accomplish the aforementioned purposes.
B. Empowerment
To further but not to limit the purposes listed above, but not in limitation thereof, the chapter shall have power to:
- conduct studies;
- disseminate statistics and other information;
- engage in various fund-raising activities;
- conduct promotional activities, including advertising and publicity;
- hold such property as is necessary to accomplish its purposes;
- employ individuals to represent the chapter in collective bargaining and for other purposes.
C. Fiduciary Responsibility Statement
This chapter is organized and operated for the above stated purposes, and for other nonprofit purposes, and no part of any net earnings shall inure to the benefit of any member.
D. Distribution of Assets in Event of Chapter Dissolution
Upon dissolution of the chapter, its assets shall be disposed of exclusively for the purposes of the chapter or distributed to such organization which shall, at the time, qualify as exempt organizations under I.R.S. Section 501 (c) (3), such as the national American Association of University Professors (Washington, D.C.).
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A. Definition
Members of this chapter must
- be members of the National and State AAUP, and
- be either faculty employed by Wright State University or emeritus faculty of Wright State University or graduate students enrolled at Wright State University, and
- have paid dues as specified in Article VIII B, C , D, E , and F.
B. Categories
Each member of this chapter will be considered as being in one of the following two categories:
- Regular: A Regular Member is a chapter member who is also in the Collective Bargaining Unit as defined in Article II. A. 2. Hereafter in this document, the terms "Regular Chapter Member" or "RCM" refer to the above definition.
- Associate: An associate member is a chapter member who is not a member of the Collective Bargaining Unit. Hereafter in this document, the terms "Associate Chapter Member" or "ACM" refer to the above definition.
C. Rights and Privileges
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A. Elected Officers
The elected officers of AAUP/WSU shall be the president, vice president, secretary, communication officer, treasurer, and two (2) members-at-large. In the 2004 election only, the president, secretary, communication officer and one member-at-large will be elected for a single three year term in order to initiate staggered elections of AAUP/WSU elected officers. The term of office for the remaining officers and each subsequent term of office for elected officers shall be two consecutive years. Thus, starting in 2006, the vice president, treasurer and one member-at-large will be elected in even numbered years and the president, secretary, communication officer and one member-at-large will be elected in odd numbered years. A sitting officer or member of the Executive Committee may run for any office, but can only hold one office at a time. There are no term limits. The nominations and elections shall follow the procedures outlined in Article VI.
- President. The president shall carry out the policies, coordinate the functions, and exercise general supervision over the activities of the chapter. The president shall preside at meetings of the chapter, Executive Committee, and Bargaining Council, respond to inquiries from the press unless the president delegates this task to the communication officer, and nominate, subject to the consent of the Executive Committee, representation to the meetings of the Ohio Conference, the AAUP Collective Bargaining Congress, and national AAUP. The president shall be a member ex officio non voting of all committees, but the president shall not be counted in determining a quorum in these committees. The president shall not be a member of the Negotiating Team.
- Vice President. The vice president shall oversee Chapter recruiting efforts and co-edit the Chapter newsletter. The vice president shall chair the Nominating Committee, which provides names of candidates for election to the chapter members. The vice president shall chair the meetings of the Executive Committee, Bargaining Council, or chapter in the absence of the president; and, in the absence of the president, shall otherwise serve. The vice president shall also perform the duties that are requested by the president, subject to the approval of the Executive Committee.
- Secretary. The secretary is responsible for records (minutes) of all proceedings and submission of these records to the appropriate body for approval, the roll of members of the chapter and bargaining unit, confirmation of reasons for any changes in monthly dues and fair share deductions, oversight of the Chapter database to ensure it is up-to-date, and certification of chapter delegates to meetings of the Ohio Conference, the AAUP Collective Bargaining Congress, and national AAUP. The secretary will be responsible for communicating to State and National AAUP about membership rolls and providing database information to the Treasurer for quarterly dues payments.
- Communication Officer. The communication officer is responsible for maintenance of the Chapter Web Site (keeping up-to-date information related to the functions of the Chapter posted), oversight of all aspects of communication between the Chapter and its members or any selected group of members of the collective bargaining unit and maintenance of records of all such communications. The communication officer will be co-editor of the Chapter Newsletter. When designated by the president, the communication officer will respond to inquiries from the press.
- Treasurer. The treasurer is responsible for administration of the chapter finances and maintenance of accurate records of all money received and of all disbursements. These records must be available for inspection by any RCM The treasurer will oversee the determination of the chargeable portion of the local dues and communicate that in September or early October, along with the chargeable amounts of state and national dues, to all non-members in the collective bargaining unit so that they may have an opportunity to object to collection of any non-chargeable dues in the forthcoming calendar year. The treasurer shall prepare an annual budget and an annual financial report and submit them for approval at a Fall Quarter chapter meeting. The treasurer shall ensure that no loans will be made by the chapter. Upon specific request by SERB (State Employment Relations Board), the treasurer shall ensure that all officials and employees of the chapter who handle funds, trusts or other property of the chapter or subsidiary organizations will be bonded. In the absence of the president and vice president, the treasurer shall preside at meetings. In the case of withdrawal of both president and vice president, the treasurer shall assume the presidency of the chapter until these vacancies are filled.
- Members-at-large: The duties of the members-at-large shall be to attend Executive Committee meetings and to perform such duties which are requested by the Executive Committee or the president.
B. Vacancies
C. Conflict of Interest Statement
The chapter prohibits any business or financial interests of its officers, agents, their spouses, minor children, parents, or others that conflicts with the fiduciary obligations of such persons to the organization.
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A. Executive Committee
The Executive Committee shall consist of the seven elected officers of the chapter, the Grievance and Contract Administration Officer(s) (ex officio, nonvoting), and the Chief Negotiator (ex officio, nonvoting).
- The Executive Committee shall act as the governing body of the chapter to uphold the Constitution & Bylaws. Four voting Executive Committee members - which must include the president or vice president - shall constitute a quorum for the conduct of business by the Committee.
- The Executive Committee shall assume responsibility for the chapter's continuing effective presence at Wright State University and for its collective bargaining responsibilities, including adherence to Ohio Revised Code (ORC) 4117. Among the duties of the Executive Committee are the following:
B. Other Committees
AAUP/WSU Executive Committee may create standing and ad hoc committees from time-to-time, as they are deemed necessary, to promote the welfare of the chapter's program at Wright State University. The chairperson and members of these committees shall be appointed by the Executive Committee.
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A. Nominations
B. Voting Procedures
C. Term of office
Officers elected during the Winter Quarter Chapter Meeting will begin their term of office on June 1 of that year. New elected secretary, communication officer and treasurer shall be trained by current officers from election day until they take office. When these newly elected officers complete their training, they will be eligible for course-release throughout their term in office, subject to approval of the Executive Committee. Newly elected president and vice-president may attend Executive Committee meetings prior to their term in office, as non-voting ex-officio members, with two-thirds consent of the voting Executive Committee members.
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A. Regular Chapter Meetings
The chapter shall hold regular meetings at least once each term (except for summer term). Written notice of such meetings shall be provided to each Member of the chapter who is eligible to attend at least one week in advance of the date selected. The chapter will hold at least one meeting/year that is open to associate chapter members.
B. Special Chapter Meetings
- Other chapter meetings are authorized in accordance with Article X. F. 2., under the time schedule specified by Ohio Revised Code 4117.
- Special meetings of the chapter may be called by the president, a majority of the Executive Committee, or by petition by ten (10) percent of RCMs delivered to any chapter officer. The president shall call the meetings within seven days after having been directed by the Executive Committee or by petition. Written notice of such meetings shall be provided to each RCM of the chapter at least five days in advance of the date selected.
C. Agenda Items
The written meeting notice shall include the agenda of the meeting. All items requiring votes must be put on the agenda. Any RCM may have an item placed on the agenda at the time of the meeting if this item is approved by an affirmative vote of a majority of the RCMs present.
D. Quorum
The quorum required for the transaction of business at all meetings of the chapter shall consist of twenty RCMs of the chapter.
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A. Establishment of Local Chapter Dues
AAUP/WSU shall establish local chapter dues to be levied on RCMs and ACMs.
B. Dues Rates for Regular Chapter Members
RCMs shall pay total dues not to exceed 0.7% of the nine-month base salary (but not less than the sum of national and state dues). The Executive Committee will set the actual rate based on the annual budget approved by the membership. (The nine-month base salary for bargaining unit members on "fiscal" (vs. nine- month "academic") contracts shall be computed as the annual base salary times 9/11 (=0.8182)). These dues shall include national, Ohio conference, and local components.
C. Dues Rates for Associate Chapter Members
ACMs shall pay national and Ohio Conference dues plus $10 per year in local dues.
D. Dues for RCMs on Reduced Salary Leave
Dues for RCMs on reduced salary during leave shall be reduced proportionately.
E. Special Dues Assessment
The Executive Committee may propose a special assessment in local dues. Ratification of the special assessment requires a majority vote by those casting ballots on this issue. The voting procedures apply as outlined in Article VI. B1. The treasurer and the secretary shall count these ballots in the chapter office at an announced time in the presence of any members who wish to attend. The secretary shall report the results of this balloting to the chapter.
F. Method of Payment
Dues must be paid by monthly payroll deduction for all regular and associate chapter members.
G. No Limitations Clause
No provision of this article shall be interpreted as in any way limiting the ability of AAUP/WSU to negotiate collection of collective bargaining service fees (fair share fee) for those members of the bargaining unit who choose not to hold membership in the chapter.
H. No Penalty for Joining Chapter
Payroll deduction of dues for a person in the Bargaining Unit who becomes a Regular Chapter Member will begin no sooner than would payroll deduction of fair share fees had the person chosen not to join AAUP-WSU.
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Robert's Rules of Order, Revised, shall be the authority for this chapter in matters of parliamentary procedure unless otherwise noted in these Bylaws.
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A. Overview
The Executive Committee and the Negotiating Team seek to determine the professional preferences of the RCMs and formulate the draft bargaining proposals. The Bargaining Council will review and may modify (create, delete or change) all draft bargaining proposals into the initial bargaining proposals for the Negotiating Team. Informed by the Bargaining Council, the voting members of the Executive Committee will set parameters for changes which they will consider acceptable. The Chief Negotiator and members of the Negotiating Team will not attend sessions of Bargaining Council in which initial bargaining proposals are being developed. If the Chief Negotiator is considering a substantial change (outside of acceptable parameters) to those articles approved by the Bargaining Council, then the chapter president must present the change to the Bargaining Council for their approval. For discussions about progress in negotiations, the president will periodically ask the Chief Negotiator and possibly members of the Negotiating Team to attend a Bargaining Council meeting. If the Chief Negotiator feels that the issue is of sufficient importance to all chapter members, the Executive Committee may initiate a poll of the Chapter members on that particular topic, and the Chief Negotiator will abide by the will of the Chapter members, as long as there is a response from at least 30% of the Chapter Members. The Negotiating Team negotiates a contract with representatives of Wright State University. During negotiations, the Chief Negotiator will present all tentatively agreed upon contract proposals to the Executive Committee. If approved by the Executive Committee, these proposals will be communicated to the Bargaining Council their consent or suggested changes. The Executive Committee shall submit to the RCMs the tentative negotiated contract for ratification.
B. Composition of the Bargaining Council
For Bargaining Council representation, the Colleges are the College of Education and Human Services, the College of Engineering and Computer Science, the College of Liberal Arts, the College of Nursing and Health, the College of Science and Mathematics, the Lake Campus, and the Raj Soin College of Business. Each of these will have a representative on the Bargaining Council. Colleges with twenty or more RCMs may have one additional representative for each twenty RCMs (that is, one additional representative for a College with twenty to thirty-nine RCMs; two for forty to fifty-nine RCMs; and so forth). The number of Bargaining Council members from each College will be determined by a count of the RCMs in each College made fourteen months prior to contract termination. A member of the Bargaining Council who will be unable to attend a Bargaining Council meeting may appoint a single standing alternate RCM from the same College to attend meetings. Both a member and his/her alternate may both attend Bargaining Council meetings, but in that instance the alternate may not vote.
C. Selection and Term of Bargaining Council Members
The Executive Committee shall publish the responsibilities of Bargaining Council members and shall call for nominations from among the RCMs in each college (named in X. B.). If the requisite number of nominees is not generated, the Executive Committee shall endeavor to locate additional nominees among the RCMs of that college. If more than the requisite numbers of nominees is obtained from a given college, the Executive Committee will provide the RCMs of that college with a secret ballot to select the Bargaining Council members from that college. Candidates receiving the highest number of votes will be selected. Each Bargaining Council will serve for the duration of the precontract period until a new contract is ratified. A new Bargaining Council shall be selected no later than twelve months prior to the termination of the current contract. The Executive Committee will replace Bargaining Council members who resign, fail to meet their responsibilities as indicated in Article X. D., or miss three consecutive Bargaining Council meetings; such replacements shall be sought from runners-up (if selected by election) or volunteers from the RCMs of that college.
D. Duties of the Bargaining Council and its Members
- To familiarize itself with AAUP policies, procedures, reports, as well as with the process of collective bargaining and relevant collective bargaining agreements.
- To make recommendations to the Negotiating Team regarding contract proposals, and their priorities.
- To meet periodically with the Negotiating Team in order to assess progress, suggest strategy, and to generally assist in the entire negotiating process up to and including the ratification of a contract.
E. Duties of the Negotiating Team and its Members
- The Chief Negotiator shall advise the Executive Committee regarding selection of the members of the Negotiating Team.
- The Chief Negotiator will work with the Executive Committee to survey the CB unit faculty (or regular chapter members) with regard to collective bargaining matters in order to determine faculty desires and priorities. Draft proposals for negotiations may be written by members of the Negotiating Team, the Executive Committee, or members of the Bargaining Council
- The Negotiating Team will assist the Chief Negotiator in gathering the data necessary to support bargaining positions.
- The Negotiating Team negotiates in good faith a contract with representatives of Wright State University.
- The Chief Negotiator shall serve as the primary spokesperson for the Negotiating Team in all negotiation sessions.
- The Negotiating Team will maintain detailed notes of all negotiating sessions.
- Subject to the approval of the Executive Committee, the Negotiating Team has the option to ask both intramural and extramural specialists to participate in its activities. The Negotiating Team also has the option of forming research groups to provide supporting data for the Team's proposals or positions.
- The Negotiating Team will not participate in negotiating sessions without the Chief Negotiator, nor will it participate in negotiating sessions without any other Negotiating Team members or extramural participants deemed essential for a given session by the Negotiating Team and Executive Committee.
- During negotiations, the Chief Negotiator will present all tentatively agreed upon contract proposals to the Executive Committee.
- Only the Negotiating Team is authorized to participate in contract negotiations on behalf of AAUP/WSU.
F. Contract Ratification
- Prior to the contract ratification vote, the Executive Committee shall distribute copies (either electronic or paper) of the contract to all RCMs and also make the contract available on the Chapter's website. The Executive Committee will provide a paper copy of the proposed contract to any RCM upon request. If a mail ballot is used, a chapter meeting shall be called for the purpose of discussing the proposed contract one week prior to mailing the ballots to the RCMs. However, the chapter shall not take any action regarding the proposed contract. If the vote on contract ratification occurs during the summer months, the Executive Committee may elect to also accept e-mail responses, in lieu of paper ballots, from those members who are out of town.
- When the Ohio Revised Code 4117 or other unusual circumstances requires a quick response of the members, the Executive Committee may call a meeting of the RCMs for contract ratification purposes (the meeting may last more than one day). In such a case, a secret ballot vote of the RCMs in attendance shall be permitted. Unless otherwise precluded by Ohio Revised Code 4117, a contract will be ratified if a majority of RCMs present votes in favor of ratification.
- If a mail ballot is used, the chapter president will implement a contract ratification vote. Voting procedures will be according to Article VI. B1, with the possible exception of accepting electronic ballots as outlined above during summer months. The chapter secretary and president will count the ballots in the chapter office at the time designated on the ballots, in the presence of any interested members of the chapter. The communication officer will report the results of the vote to the chapter. An affirmative vote for the proposal by a majority of RCMs casting a ballot shall constitute the bargaining unit's acceptance of the contract.
- Major modifications of the contract in the interim period between contract negotiations must be approved by RCMs, following the process outlined in X.F.3.
- The chapter shall comply with all rules and regulations of the Ohio State Employment Relations Board which are applicable to contract ratification and resolution of contract disputes.
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These Constitution and Bylaws may be amended by a two-thirds (2/3) affirmative vote of RCMs present at a regular or special chapter meeting or by two-thirds (2/3) of the RCMs responding to a written ballot. A notice of the proposed amendment(s) including reasons and any known objections shall be sent to each RCM at least 15 calendar days prior to the vote. The Executive Committee or a petition of ten (10) percent of the RCMs may initiate amendments.
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This page was last modified on Saturday, November 24, 2012. Corrections, comments, and suggestions are most welcome. Contact the webmaster for this page (Jim Vance) at jimvance.wsu@gmail.com, telephone 937-775-2206. To contact the chapter, please see our Staff, Officers, and Committees page.