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Constitution and Standing Rules Article V – Chapters

Article V – Chapters

Section 1 -  Designation and Eligibility – Any group of employees eligible for active membership shall be designated auxiliary units hereinafter known as affiliated chapters of the Oregon School Employees Association, AFT Local 6732, upon compliance with the requirements set forth in the Constitution and written policies of the Association and applicable law. Each affiliated chapter shall share equal status, rights and responsibilities with all other affiliated chapters.

Section 2 - Charter Issuance and Continuance

  1. Issuance – Upon affiliation, each chapter shall be assigned a chapter number and issued its OSEA charter signed by the State President and State Secretary and shall bear the signatures of the chapter’s executive board officers at the time of issuance.
  2. Cause for Suspension and/or Revocation – A chapter shall retain its affiliation status as long as it fully complies with the provisions of the Constitution and written policies of the Association and the requirements of law except that the Board of Directors shall by a ⅔ vote suspend or revoke any chapter’s charter if:
    1. The chapter has less than 5 active members and less than 50% membership for 60 consecutive days; or
    2. The chapter fails to meet its financial obligations to the Association within 60 days after the due date; or
    3. As the result of recommendations submitted in accordance with provisions of Board Policy 445 and/or the Board of Directors finds reasonable cause to believe the chapter and/or its officers are:
      1. engaged in financial malpractice or corruption; b) violating the provisions of a collective bargaining agreement to the detriment of the membership or the Association;
      2. acting in willful violation of the chapter’s local operating procedures or the Constitution and/or written policies of the Association; or
      3. conducting the affairs of the chapter in such manner that directly jeopardizes the rights and interests of the membership or the Association and that such conduct cannot or will not be immediately remedied by the chapter.
  3. Procedures for Suspension and/or Revocation – Suspension or revocation of a chapter’s charter for reasons specified in Section 2 herein shall be subject to provisions set forth in Association policy which shall include notification to the chapter of the charges, proposed penalties and the right to appear before the Board of Directors to show cause why the proposed action should not be taken.
    1. At the conclusion of the hearing, the Board of Directors may dismiss the charges, amend or reduce the proposed penalties or order the action as proposed to be effected. If chapter representatives fail to appear at the hearing, the action proposed by the Board of Directors shall be ordered and the members so notified of the action taken, the reasons thereof and the effective date of such action.
    2. In the event penalties other than suspension or revocation of a charter are imposed, the Board of Director’s decision shall state that, if the chapter fails to comply with its decision, its charter shall be automatically suspended and an administrator shall be appointed in accordance with Section 11 herein and the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 462).

Section 3 - Local Chapter Dues – Upon affiliation and thereafter, the membership of each chapter shall determine the amount of chapter dues, if any, which shall be paid by the individual members thereof. Payment of any such dues shall include the annual Association per capita dues required for each active member. Payment of all required dues and fair share service fees, where applicable, shall be in accordance with Article IV of the Constitution.

Section 4 - Meetings – In order to conduct chapter business, chapters shall be encouraged to hold monthly chapter meetings but shall not, however, hold less than 1 meeting each quarter of the fiscal year, June 1 through May 31 inclusive. All chapter membership shall be notified in accordance with the chapter’s local operating procedures of the date, time and place of each meeting and the business to be acted upon. During months regular meetings are not held, the chapter executive board shall meet at least once to conduct any business not requiring a vote of the membership.

Section 5 - Each chapter is required to adopt local operating procedures (which may be referred to as the chapter constitution and/or bylaws) within one year of affiliation. Local operating procedures must be consistent with the Constitution and written policies of the Association and applicable law. The OSEA Chapter Governance Constitution, as adopted by the OSEA Board of Directors, shall govern chapters until local operating procedures are adopted. Chapters may adopt the OSEA Chapter Governance Constitution as their local operating procedures. Each chapter is required to submit a copy of their local operating procedures, including all modifications and changes, to the State Office of OSEA within 10 days of membership approval. Such local operating procedures, or any modifications or changes thereof, shall not become effective until approved by the Executive Director or by action of the Board of Directors on appeal. Procedures for approval and appeal shall be set forth in OSEA Board Policy.

The OSEA Chapter Governance Constitution and Guidelines for chapter use, indicating both required and optional provisions, shall be reviewed and updated as needed by the Board of Directors on an annual basis.

Section 6 - Collective Bargaining — Each affiliated chapter designated as the exclusive representative of a bargaining unit shall negotiate a collective bargaining agreement covering wages, hours and other terms and conditions of employment with the employer having jurisdiction over the employees in the unit.

  1. Each collective bargaining agreement, or any modifications thereto, shall be executed in the name of the Association and the chapter’s name and number.
  2. No collective bargaining agreement, or any modifications thereto, shall become effective unless and until properly ratified by the active members in good standing of the chapter and signed by both the appropriate representative(s) of the chapter and a staff representative of the Association.
    1. Prior to any ratification vote, each chapter shall, with not less than 5 days’ notice, conduct a meeting open to all bargaining unit employees for the purpose of explanation, discussion and debate prior to any voting.
    2. Non-members and/or fair share service fee payers in attendance shall be allowed to participate in the discussion and debate, but shall not, however, be allowed to make motions or vote.
  3. Additional procedures governing collective bargaining and ratification voting shall be set forth in OSEA Board Policy.

Section 7 - Audit of Financial Records — The Association’s Executive Director may require an immediate audit of the books and records of any affiliated 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 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 8 - Reports Required

  1. Each affiliated chapter shall be required to provide the following reports to the OSEA State Office:
    1. Upon affiliation, a list of names and contact information of its elected officers and members, together with other such information required by the Association, and thereafter any changes to its officers.
    2. A list of names and addresses of all elected Annual Conference delegates and alternates, together with a copy of the minutes of the meeting at which such delegates/alternates were elected, signed by both the Chapter President and Chapter Secretary, not later than the deadline established by the Association.
  2. Each affiliated chapter shall be required to take and maintain minutes of all regular, special and executive board/committee meetings, signed by both the Chapter President and Chapter Secretary.
  3. Each affiliated chapter shall be required to maintain financial records of revenue and expenditures and to render a report to its membership at any regular chapter meeting signed by both the Chapter President and Chapter Treasurer.
  4. The records of each affiliated chapter, including minutes and all financial records, shall be preserved for at least five (5) years.

Section 9 - Officer Retirements – Any elected chapter officer who retires from employment and meets the definition of “retiree” as enumerated in Article VI, Section 4, of the Constitution may request membership approval to continue in office until the expiration of the officer’s current term of office provided the officer maintains membership in good standing for the remainder of the term.

  1. Approval to remain in office must be granted prior to the effective date of retirement by a secret ballot majority vote of the active members in good standing at a regular or special chapter meeting with not less than 15 days’ notice provided to the membership.
  2. 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.
  3. If the request is not approved, the vacancy created by the retirement shall only be filled in accordance with provisions set forth in the chapter’s local operating procedures.

Section 10 - Disbandment/Disposition of Funds – Any affiliated chapter whose charter is revoked based on a decision of the Board of Directors in accordance with Section 2 of this article, or by lawful act or a disaffiliation/decertification from the Association, shall be immediately disbanded and removed from the Association. All funds of such chapter shall be held in trust for the benefit of the Association and no expenditure shall be made therefrom for any purpose whatsoever until all monetary obligations to the Association, any per capita dues and/or payments for supplies and services are made to the Association, together with costs and attorneys’ fees incurred in receiving such amounts, if any, have been repaid to the Association. This provision shall be deemed contractual and shall be enforceable at law in equity.

Section 11 - Trusteeship – When a chapter is subject to suspension and/or revocation of charter by reason of charges set forth in Section 2 of this article, the Board of Directors is empowered to place any such chapter in a temporary trusteeship pending a hearing on the matter. Such hearing shall be conducted in accordance with Association policy not later than 30 days after imposition of the trusteeship. If, at the conclusion of the hearing, the Board of Directors fails to uphold imposition of such trusteeship by a two-thirds (2/3) vote, the appointment of the administrator shall be vacated.

  1. When a chapter is placed in trusteeship, temporarily or otherwise, the State President shall assume charge of the affairs of such chapter and may, with advice and consent of the Board of Directors, appoint an administrator for such purposes who shall be an OSEA member in good standing or ROSE member in good standing who was an active OSEA member prior to retirement. All actions of the administrator shall be in accordance with the Constitution and written policies of the Association and applicable law and subject to the direction of the State President. The administrator shall be bonded to safeguard the chapter’s funds and assets and for the faithful performance of the administrator’s duties.
    1. The administrator shall have the right, upon demand, to take possession of all funds and other assets of the chapter, including books and records for the period of the trusteeship. All such funds/assets shall be held in trust for the benefit of the chapter and shall be expended only to the extent necessary for the proper conduct of the affairs of the chapter. The administrator shall have authority to institute all necessary action to recover funds or other property of the chapter, if needed.
    2. When deemed necessary, the administrator may, with concurrence of the State President, suspend from office any or all of the chapter’s officers and appoint temporary officers from among the members in good standing of the chapter for the duration of the trusteeship and other such actions as in the administrator’s judgment are required to preserve the rights and interest of the chapter membership.
    3. Chapters in trusteeship shall retain the right to elect, by secret ballot, Annual Conference delegates provided all active members in good standing of the chapter shall be eligible for such election. Any chapter officers not suspended from office and whose position is designated as an automatic delegate in accordance with the chapter’s local operating procedures shall retain such delegate status.
    4. The administrator shall submit monthly reports of the administrator actions to the Board of Directors, chapter membership and the Executive Director until the trusteeship is terminated. All expenses of the administrator, including bonding, shall be paid by the Association and not by the chapter.
  2. A trusteeship shall be continued no longer than is necessary to remove the cause(s) for its establishment, but in no event longer than eighteen (18) months unless the Board of Directors by a two-thirds (2/3) vote extends the time period for a maximum additional six (6) months.
  3. Any chapter placed in trusteeship shall have the right to appeal to the OSEA Annual Conference for removal of the trusteeship only on the grounds it has been continued longer than is necessary. Reasons for the establishment of a trusteeship shall not be subject to appeal.
  4. When a trusteeship is terminated, either by action of the Board of Directors or the Annual Conference delegates, the administrator shall cause the election of chapter officers except for those officers whose terms have not expired and who have not been suspended from office during the period of trusteeship. The administrator shall return all funds, books, records and other assets of the chapter to the appropriate officers who shall give receipt for same. A final report of the trusteeship by the administrator shall be provided to the Board of Directors, chapter membership and the Executive Director.
  5. In the event the reasons for establishment of a trusteeship are not corrected within the allotted timelines as set forth herein, the chapter shall be disbanded and removed from the Association in accordance with Section 10 of this article.