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Article III – Membership

Section 1 - There shall be no discrimination against any member, or any applicant for membership in this Association by reason of race, color, creed, sex, national origin, political affiliation, age, marital status, disability, or sexual, religious or affectional preference.

Section 2 - Active Membership — Any person employed in any phase of public or private employment within the state of Oregon and who is currently represented by this Association pursuant to the laws of this state and/or federal law shall be eligible for active membership. Active members of the Association must also be active members of the affiliated chapter chartered for their assigned bargaining unit.

      1. Active members in good standing shall have:
        1. Full voting rights in the Association at the state and chapter levels;
        2. The right to nominate candidates in elections and the right to seek or hold elected office or positions, including chapter, state and national officer/delegate positions;
        3. The right to meet and assemble freely with other members and to express any views or opinions on issues brought before the Association, their chapter or upon candidates in elections; and
        4. The right to attend membership meetings and to participate in deliberations and voting upon the business of such meetings, subject to reasonable rules and regulations.
      2. Active membership status shall cease at such time as the member either voluntarily or involuntarily separates from employment, fails to meet the requirements of active membership in good standing or whose position is no longer eligible to be represented by the Association.
      3. Inactive Membership — 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 appeal action by the Association through the employer, Oregon Employment Relations Board (ERB), the National Labor Relations Board (NLRB), or court action(s) as deemed appropriate and authorized by the OSEA Board of Directors shall be eligible for “inactive” membership upon monthly payment in advance by check or money order 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 the involuntary termination became effective.Members eligible for inactive status shall have the option to remain in any elected chapter and/or Association office or position until completion of that current term as prescribed in their chapter’s local operating procedures (constitution and/or bylaws) or the Constitution and/or written policies of the Association.  Such members shall not, however, be allowed to seek re-election or hold any other elected offices or positions in the chapter or Association unless and until such member returns to paid employment status in their bargaining unit and active membership status is reinstated.
        1. Upon continued payment of such dues, inactive membership status shall continue until the conclusion of the unpaid leave of absence, the conclusion of the period the member is on a re-employment list, or until such time as all involuntary termination appeals have been exhausted and/or a final disposition has been rendered.
        2. Such members shall be eligible for Association representation in any matter appropriate to ensure their employment status, the right to voice and vote in Association affairs at any level and other such membership benefits as are afforded active members, except as provided herein.

Section 3 - Associate Membership

      1. Upon application and advance payment of the applicable annual dues, associate membership shall be granted to any individual who:
        1. Meets the requirements for active membership, but is not employed within the jurisdiction of an affiliated OSEA chapter or any other labor organization; or
        2. May otherwise be eligible for active membership, but who is employed in a bargaining unit represented by another labor organization and who is a fair share service fee payer in a private sector unit of such organization, or non-member of such organization; or
        3. Is not eligible for active membership but is interested in the promotion of the objectives of this Association.
      2. Associate members shall not be eligible for nor shall they be accorded any representation rights, voice, vote or other participation in Association affairs but shall, however, be entitled to receive the OSEA official publication (the Journal) and/or OSEA official electronic communications.
      3. Should such associate member become eligible for active OSEA membership within the jurisdiction of any affiliated chapter, they shall forfeit all rights and benefits of associate membership.

Section 4 - Honorary Membership — Upon recommendation of the Board of Directors and by a two-thirds vote of the delegates present at any Annual Conference, honorary membership may be conferred on individuals deemed deserving of this recognition. It is awarded to individuals who have provided a valuable benefit for, or service to, the Association on a statewide basis.

        1. Honorary membership status shall be an honorarium without voice and vote or eligibility for election or appointment to any office or position at any level of the Association.
        2. Former members and individuals not otherwise eligible for Association membership shall be eligible for honorary membership status. Association employees shall not be eligible for this honorarium while employed.
        3. Any member in good standing, the Board of Directors, a chapter or ROSE may submit an application for nomination to honorary membership. The Board of Directors shall submit any nominations deemed deserving of honorary membership directly to the Annual Conference.
        4. All procedures for submission of nominations, deadlines, and investigation into the merits of the candidates, shall be set forth in Board Policy.

Section 5 - Lifetime Membership — Upon recommendation of the Board of Directors and by a three-fourths vote of the delegates present at any Annual Conference, a lifetime membership may be conferred upon individuals who are or have been active members of the Association.  Lifetime membership is the highest award for service that OSEA can bestow.  It is awarded to individuals who have provided outstanding service on a statewide basis and who have displayed an ongoing commitment to OSEA, its members, and to the ideals of the labor movement.

      1. Lifetime members shall be considered members in good standing with full voice and voting rights as accorded active members and shall have automatic delegate status at any OSEA Annual or special Conference. To be eligible for any elected office or position, a lifetime member must meet the criteria as outlined in the state Constitution and/or the chapter’s local operating procedures for the office or position being considered.
      2. Any person who holds a lifetime membership who becomes employed by the Association shall have their voice and vote suspended as long as they remain an employee of the Association.
      3. Any member in good standing, the Board of Directors, a chapter or ROSE may submit an application for nomination to lifetime membership. The Board of Directors shall submit any nominations deemed deserving of lifetime membership directly to the Annual Conference.
      4. All procedures for submission of nominations, deadlines, and investigation into the merits of the candidates, shall be set forth in Board Policy.

Section 6 - The Association shall furnish each member in good standing with a membership card.

Section 7 - Discipline, Suspension or Expulsion – Any member who shall be charged and found guilty of conduct detrimental to the Association shall cease to be a member in good standing and may be disciplined, suspended or expelled from membership as deemed appropriate.  Members who are expelled shall forfeit all rights and privileges of membership except as provided by law.  Determination of any disciplinary action shall be in strict accordance with the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 411[5]), “Safeguards Against Improper Disciplinary Action,” and provisions of Association policy as appropriate.

This section shall be implemented in the following manner:

    1. Any active member in good standing, lifetime member or active ROSE member in good standing who was an active OSEA member prior to retirement may file written charges with the President stating the name and address of any member or officer of the chapter, the Association or the Retiree Unit (ROSE), collectively referred to as “members,” alleged to have engaged in conduct detrimental to the Association, including the date, time and place of and the specific acts constituting such conduct.  Actions subject to such charges shall include but not be limited to:
      1. Failure to adhere to or intentional violation(s) of the Constitution and/or written policies of the Association or the local operating procedures of an affiliated chapter;
        1. This charge shall be restricted as applicable only to members holding elected or appointed office(s) or position(s) within the chapter, the Association or Retiree Unit (ROSE) at any time such violation occurred.
        2. For purposes of this section, conduct shall be considered “intentional” if the charged members knew, or had reason to know, their conduct would violate a specific local operating procedure, Constitution or policy provision, but nevertheless engaged in such conduct.
      2. Misappropriation of funds or property of any chapter, the Association or the Retiree Unit (ROSE);
      3. Working as a strikebreaker when an OSEA-sanctioned strike has been instituted;
      4. Participating in a decertification attempt against any chapter or the Association in any manner;
      5. Acts of disloyalty to the Association which may include but not be limited to the following:
        1. Advocating and/or encouraging membership withdrawal from the Association of any member at any time;
        2. Advocating and/or attempting to bring about withdrawal from the Association of any member or chapter while holding any elected or appointed office or position within the Association at any level of the Association at the time such act(s) occurred;
        3. Unauthorized use or release of officer and/or membership mailing lists, including email data and telephone numbers, to other organizations or outside interests for personal gain or profit or for assisting in a disaffiliation/decertification attempt;
        4. The intentional and/or unauthorized misuses of any chapter or Association website;
      6. Conduct against the Association and its affiliated chapters or the Retiree Unit (ROSE) which likely constitutes a crime or intentional tort, including but not limited to assaulting staff, officers or other members, falsely passing oneself off as being an OSEA staff member, or falsely claiming OSEA, AFT or the Oregon AFL-CIO endorsement(s) for political or financial gain;
      7. Refusing to appear as a witness without good cause in response to a reasonable request from a judicial panel.
    2. Charges shall not be filed that are frivolous, in bad faith or which are not supported by a substantial factual basis. If the Board of Directors determines any submitted charge(s) violates this standard, it may issue a written reprimand against the member submitting the charge(s).
    3. Upon receipt of a signed written complaint, the President shall cause the charge(s) to be promptly investigated and a confidential report to be submitted to a subcommittee of the Board of Directors as specified in Association policy. If the Board subcommittee finds the evidence submitted does not substantiate the charge(s), or if the charge(s) are such that do not warrant disciplinary action, it shall notify the President and the charging member, including the reasons for its decision.
    4. In the event the Board subcommittee finds reasonable cause to believe the charge(s) to be true, the President shall activate a judicial panel consisting of three (3) members appointed pursuant to Association policy which shall hold a confidential hearing at which evidence supporting the charge(s) and in defense of the charged member shall be heard.  Representation by legal counsel shall be permitted and both oral testimony and documentary evidence may be introduced.  The charged member shall be notified of the charge(s) via certified return receipt mail and of the date, time and place of the hearing, which shall not be sooner than twenty-one (21) days after the date of the notification mailing.
      1. At the conclusion of the hearing, the judicial panel shall consider the evidence and any arguments related to each charge and shall by the votes of at least two (2) panel members find the charged member guilty or innocent of the charges.  If the panel finds the member guilty of any charge(s), it shall then determine the penalty(ies) to be imposed in accordance with subsection (f) herein.
      2. The judicial panel shall submit a confidential report to the Board of Directors which shall outline the charge(s), its findings and any penalties to be imposed.  A copy of the report shall be sent to the charged member via certified return receipt mail with notice the matter has been forwarded to the Board of Directors for final disposition and it may be appealed to the Board of Directors.
    5. The charged member may, within twenty-one (21) days of notification of the judicial panel’s findings, file a written appeal to the Board of Directors addressed to the President or Vice President if the President is the charged member.  Upon receipt of an appeal, the President shall place the matter on the agenda of the next regular or special Board of Directors meeting for final action.  When the matter is considered, the Board of Directors shall consider only the judicial panel’s findings and the charged member’s arguments.  The charged member’s name shall remain confidential except to the Board of Directors.  No appeal hearing shall be held.
      1. The Board of Directors shall have the authority to affirm the decision(s) of the judicial panel, dismiss the charge(s), amend the proposed penalty(ies) or order the proposed action to be effected. Members of the Board subcommittee who referred the matter to the judicial panel shall be disqualified from voting on the appeal action.
      2. The charged member shall be notified in writing via certified return receipt mail of the action taken and the effective date of any penalty(ies) imposed, which shall not be sooner than five (5) days after the Board of Director’s final action.
    6. Penalties which may be imposed under this section include, but are not limited to, written reprimand, fines and/or restitution; suspension of membership rights; disqualification from holding any office or position in the Association at any level, including the Retiree Unit (ROSE), or expulsion from membership.
      1. A fine may not be imposed for charges submitted under Section a, above unless the offense(s) has or could have resulted in financial gain for the charged member.
      2. Suspension of membership rights may be imposed for a period not greater than five (5) years for any one (1) offense.
        1. Suspension of membership rights shall mean:
          1. Loss of all voting rights except contract ratification;
          2. Loss of the right to hold any elected or appointed office or position in any chapter, the Association or Retiree Unit (ROSE);
          3. Loss of the right to participate in the internal affairs of any chapter, the Association or the Retiree Unit (ROSE); and/or
          4. Loss of the right to attend meetings or other functions of any chapter, the Association or the Retiree Unit (ROSE), except contract ratification meetings affecting a suspended member’s bargaining unit.
        2. Any member under penalty of suspension shall retain the right to all current member benefit programs available to members generally contingent upon continued payment of all required dues.
        3. Any member under penalty of suspension shall have the right to resign their membership without jeopardizing their employment representation rights afforded by the Association and/or applicable law and the member shall, however, be bound by all other provisions of their collective bargaining agreement including payment of fair share service fees where applicable.
      3. Disqualification from holding office or positions may be imposed for a period not greater than five (5) years for any one (1) offense and shall include elected or appointed office or position at any level of any chapter, the Association or the Retiree Unit (ROSE), except that any member found guilty of a charge or complaint under the Constitution or written policies of the Association, and whose conduct has caused the Association to expend funds to resolve a claim regarding the conduct that was the subject of the charge/complaint, shall be ineligible from ever serving on the Board of Directors.
      4. Members expelled from membership shall, when applicable, retain entitlement to all rights of representation for which the Association is legally obligated and shall be bound by all provisions of the member’s collective bargaining agreement including required payment of fair share service fees when applicable.
    7. Any decisions of the Board of Directors shall be final and binding.  Additional regulations regarding processing charges, notifications, hearings and appeal procedures shall be as set forth in Association written policy.