Section 400 – Membership and Dues – Oregon School Employees Association

401 - Association Fiscal Year (2018 Conference – Board Meeting, May 2019

In accordance with Article XII, Section 1 of the OSEA Constitution, the fiscal year of the Association and each affiliated chapter shall be from June 1 through May 31, inclusive.

402 - Administration of Chapter Financial Transactions (2018 Conference – Board Meeting, May 2019; Revised Conference 2019 – Board Meeting, January 2021)

This policy is adopted to establish required procedures in order for the Association, together with its auxiliary units, hereinafter known as affiliated chapters, to operate as a single entity for purposes of OSEA’s IRS 501-C Non-Profit status, and state and/or federal reporting requirements.

Effective July 1, 2018, each affiliated chapter shall establish and maintain direct deposit financial accounts in such bank or other financial institution as determined by the OSEA Board of Directors, regardless of any amount of funds received or expended during any fiscal year.

All checking, savings, and other financial accounts shall be in the name of the “Oregon School Employees Association” and its chapter name and number, and shall bear the signatures of the elected chapter treasurer and at least 1 other elected chapter officer as determined by the chapter.
1. Except as specifically authorized by the OSEA Constitution, chapters shall only accept payment of per capita and chapter dues by payroll deduction through the employer.
2. All chapter dues collected by the Association shall be deposited into the chapter’s account(s) in accordance with the written direction of the chapter within 30 days after receipt. Chapters may make arrangements with the Association and the employer to have chapter dues directly deposited into the chapter bank account by the employer.
3. The Association, its officers and staff shall be prohibited from making any withdrawals, debits or transfers of chapter-owned funds for any reason from any chapter’s financial account(s) without written authority to the OSEA Director of Fiscal Operations, signed and dated by the elected chapter treasurer and at least 1 other elected chapter officer as determined by the chapter. Copies of such authorization shall be provided to the State President and Executive Director by the Director of Fiscal Operations.
Any financial institution service charges shall be paid by the Association, except insufficient funds charges shall be the sole responsibility of the chapter incurring such charges.

410 - Association Membership (Revised Board Meeting, October 2017; Revised 2018 Conference – Board Meeting, May 2019)

There shall be 6 types of membership: active, inactive, associate, retired, lifetime and honorary.

411 - Active Membership (Revised Board Meeting, October 2017)

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 membership eligibility shall extend to any person(s) entitled to OSEA representation including:
1. Any classified or licensed/certificated employee of any public or private education system;
2. Any employee serving in a classified or licensed/certificated support service capacity employed by any public or private employer to perform duties customarily performed by school employees;
3. Any employee of a municipality, city, special district, county or the state who is employed to perform duties of a nature customarily performed by school employees.
Active members of the Association must also be active members of the affiliated chapter chartered for their assigned bargaining unit.
Active membership status shall be terminated upon:
1. The last day in paid status when granted an unpaid leave of absence greater than thirty (30) days and monthly dues payments have not been made to the Association and chapter;
2. The last day in paid status when laid off and placed on a re-employment list. For members who work less than 12 months and who receive a layoff notice effective at the end of their normal school year, the date of layoff for purposes of “good standing” status shall be the starting date of the next school year;
3. The date a retirement or voluntary resignation from current employment becomes effective;
4. The date of execution of a document voluntarily terminating payroll deduction of dues;
5. The effective date of a termination based on the employer’s conclusive action;
6. The effective date a member’s position is declared by the Oregon Employment Relations Board (ERB) or the National Labor Relations Board (NLRB) to be management, supervisory or confidential, which cannot be represented by OSEA pursuant to applicable law;
7. The effective date of certification when a member’s bargaining unit is no longer represented by the Association as the result of a decertification election;
8. The effective date of a suspension or expulsion from membership following due process proceedings consistent with the Constitution and/or written policies of the Association and/or applicable law.

412 - Inactive Membership (2018 Conference – Board Meeting, May 2019)

In accordance with Article III, Section 2, of the OSEA Constitution, inactive membership status shall be available to any active member in good standing who is granted an unpaid leave of absence for more than thirty (30) days by the employer, who is laid off for any reason and placed on a re-employment list, whose involuntary termination is pending an appeal action by the Association, or who is not otherwise in paid status for any reason and remains an employee with the employee’s employer.

Requests for inactive status must be submitted by the member in writing to the Director of Fiscal Operations at the OSEA State Office.
Active members who are eligible for and are placed in inactive status shall be accorded voice and voting rights and eligibility for committee appointments at the chapter and State Association levels.
1. Active members holding elected chapter and/or State Association office(s) or position(s) who are placed in inactive status during their prescribed term may continue in such office or position only until the completion of that specific term. Inactive members shall, however, be prohibited from seeking re-election or holding any other elected offices or positions at any level of the Association during any remaining time inactive status is in effect.
2. Inactive membership status shall be terminated when the member returns to full paid status with the employer and active membership is reinstated, when the member voluntarily terminates the inactive status or when the member is no longer eligible for active membership.
Nothing herein shall be construed to require inactive membership for purposes of OSEA representation regarding employment or re-employment pursuant to provisions of the collective bargaining agreement or applicable law. Inactive status shall, however, be required to remain eligible to hold a current elected or appointed office or position, to have voice and voting rights in the chapter and/or the Association and to be eligible for other such membership benefits as are afforded active members, except as provided herein.

413 - Associate Membership (Revised 2017 Conference - Board Meeting, October 2017)

In accordance with Article III, Section 3, of the OSEA Constitution, associate membership status shall be granted to individuals who are not currently eligible for OSEA active membership upon advance payment of the annual membership dues as itemized in Article IV of the OSEA Constitution.

After granted membership, payment of the annual dues must be made on or before the membership anniversary date, otherwise the associate membership shall be deemed null and void.
If any associate member becomes a bargaining unit employee within the jurisdiction of an OSEA-affiliated chapter, the member shall immediately forfeit all rights and benefits of associate membership.
1. An associate member who becomes an OSEA active member shall, upon request, be entitled to a pro-rated refund of the unused portion of the associate membership annual dues.
2. Any associate member who chooses not to become an OSEA active member shall then have fair share or non-member status as is applicable in the chapter’s collective bargaining agreement.

414 - Retired Membership (Board Meeting, May 2019)

Active membership in the Retiree Unit (ROSE) shall consist of retired former OSEA active members and other retired individuals who are eligible for either active or auxiliary membership in accordance with Article VI of the OSEA Constitution.

415 - Lifetime Membership (Board Meeting, September 2007; Revised 2012 Conference-Board Meeting, September 2012; Revised Board Meeting, December 2015)

In accordance with Article III, Section 5, of the OSEA Constitution, Lifetime Membership is the highest award for service that the Association can bestow.

Eligibility Criteria
To be eligible for Lifetime Membership, the individual shall:
1. Be an active member or former active member;
2. Have provided outstanding service on a statewide basis; and
3. Have displayed an ongoing commitment to OSEA, its members, and to the ideals of the labor movement.
Application for Nomination
1. Application for nomination to Lifetime Membership may be submitted by any active member in good standing, Lifetime Member, the Board of Directors, a chapter or the Retiree Unit (ROSE), and must be submitted on an official nomination form.
  1. Any application for nomination submitted by a chapter or ROSE must be approved by their respective membership at a regular or special chapter or unit meeting.
  2. The application for nomination must specifically describe the service provided and the benefits derived for the Association.
2. OSEA shall provide at least 30 days’ notice to the membership of the application deadline. Said notice shall include the application for nomination and eligibility criteria for the award. The notice shall also be posted on the official OSEA website.
3. To be considered, all applications for nomination must be received by the State President no later than March 1. If the nomination is for a sitting president, the application must be sent to the Vice President. Name(s) of any candidate(s) contained in any application for nomination received shall be kept confidential.
Action by the Board of Directors
1. The Board of Directors shall consider all applications received by the March 1 deadline. The Board shall conduct an investigation into the performance and merits of the candidate(s) based on the documentation provided in the application(s) and shall conduct personal interviews, if deemed necessary. Name(s) of the candidate(s) shall be kept confidential throughout the investigation/interview process.
2. Upon completion of the investigation/interview process, the Board shall make a formal recommendation on the nomination in an open Board meeting, while maintaining confidentiality of the name(s) of the candidate(s). A formal recommendation for nomination shall be determined by a majority vote of the Board members present and voting.
3. No member of the Board of Directors who is being considered for Lifetime Membership shall be permitted to participate in the investigation/interview process or the voting on any such recommendation.
4. Following formal action by the Board of Directors at a regular or special meeting, the State President shall notify the member or unit submitting the application of the recommendation for Conference action.
5. Any nomination application deemed not to be deserving of a Lifetime Membership may be re-submitted the following year, but the re-submitted application should provide greater justification for approval than was contained in the original application.
6. If a nomination application is rejected or is not received by the March 1 deadline, the State President shall notify the submitter of the application for nomination in writing the reason(s) for such rejection and of the ability to re-submit the application in a subsequent year.
Conference Action
1. If the Board of Directors determines the candidate is deserving of a Lifetime Membership, the Board shall put forth a formal nomination of the candidate to the delegate body at the Annual Conference. The recommendation put forth to the Conference delegates shall be in resolution form and shall require a three-fourths (3/4) vote of the delegates present and voting in the affirmative to award the Lifetime Membership.
2. The Conference deliberation and vote shall take place under New Business on the Conference agenda. Nominees shall not be in attendance during deliberations of the nomination and shall only be admitted/re-admitted after the conclusion of the voting process.
3. Any individual awarded a Lifetime Membership and who is in attendance at Conference shall be presented the formal resolution and a membership card attesting to their Lifetime Membership status.

416 - Honorary Membership (Board Meeting, September 2013; Revised 2015 Conference-Board Meeting, December 2015)

In accordance with Article III, Section 4, of the OSEA Constitution, Honorary Membership is the second highest award for service that the Association can bestow.

Eligibility Criteria
To be eligible for Honorary Membership, the individual shall:
1. Be a former member, an individual not otherwise eligible for Association membership, or a former employee of the Association; and
2. Have provided a valuable benefit for, or service to, the Association on a statewide basis.
Application for Nomination
1. Application for nomination to Honorary Membership may be submitted by any active member in good standing, Lifetime Member, the Board of Directors, a chapter or the Retiree Unit (ROSE), and must be submitted on an official nomination form.
  1. Any application for nomination submitted by a chapter or ROSE must be approved by their respective membership at a regular or special chapter or unit meeting.
  2. The application for nomination must specifically describe the service provided and the benefits derived for the Association.
2. OSEA shall provide at least thirty (30) days’ notice to the membership of the application deadline. Said notice shall include the application for nomination and eligibility criteria for the award. The notice shall also be posted on the official OSEA website.
3. To be considered, all applications for nomination must be received by the State President no later than March 1. Name(s) of any candidate(s) contained in any application for nomination received shall be kept confidential.
Action by the Board of Directors
1. The Board of Directors shall consider all applications received by the March 1 deadline. The Board shall conduct an investigation into the performance and merits of the candidate(s) based on the documentation provided in the application(s) and shall conduct personal interviews, if deemed necessary. Name(s) of the candidate(s) shall be kept confidential throughout the investigation/interview process.
2. Upon completion of the investigation/interview process, the Board shall make a formal recommendation on the nomination in an open Board meeting, while maintaining confidentiality of the names(s) of the candidate(s). A formal recommendation for nomination shall be determined by a majority vote of the Board members present and voting.
3. Following formal action by the Board of Directors at a regular or special meeting, the State President shall notify the member or unit submitting the application of the recommendation for Conference action.
4. Any nomination application deemed not to be deserving of an Honorary Membership may be re-submitted the following year, but the re-submitted application should provide greater justification for approval than was contained in the original application.
5. If a nomination application is rejected or is not received by the March 1 deadline, the State President shall notify the submitter of the application for nomination in writing the reason(s) for such rejection and of the ability to re-submit the application in a subsequent year.
Conference Action
1. If the Board of Directors determines the candidate is deserving of an Honorary Membership, the Board shall put forth a formal nomination of the candidate to the delegate body at the Annual Conference. The recommendation put forth to the Conference delegates shall be in resolution form and shall require a two-thirds (2/3) vote of the delegates present and voting in the affirmative to award the Honorary Membership.
2. The Conference deliberation and vote shall take place under New Business on the Conference agenda. Nominees shall not be in attendance during deliberations of the nomination and shall only be admitted/re-admitted after the conclusion of the voting process.
3. Any individual awarded an Honorary Membership and who is in attendance at Conference shall be presented the formal resolution and a membership card attesting to their Honorary Membership status.

420 - Per Capita Dues and Fair Share Service Fees (Revised Board Meeting, October 2017; Revised Board Meeting, May 2019; Revised 2019 Conference – Board Meeting, January 2021)

OSEA per capita dues required of active members as set forth in Article IV, Section 1, of the OSEA Constitution, together with any local chapter dues as are authorized within the chapter’s local operating procedures, shall be paid on a 9-, 10-, 11- or 12-month cycle depending on the number of paychecks received regardless of the number of months in paid status.
1. All required per capita dues and chapter dues shall be paid by payroll deduction through the employer.
2. Active members who suffer a reduction in salary due to a voluntary or an involuntary reduction in assigned work hours or job classification shall pay per capita dues at the reduced rate beginning with the next pay period following the reduction. There shall be no reduction in chapter dues as the result of such reduction unless such dues are percentage-based.
Active members in good standing who are eligible for and are granted inactive status as set forth in Article III of the OSEA Constitution shall be required to pay the full per capita and chapter dues in effect on the date inactive status was established.
1. Such per capita dues and chapter dues shall be paid until the inactive member either returns to full active status, voluntarily terminates their inactive status or is no longer eligible for inactive status, whichever occurs first.
2. The required dues for members granted inactive status shall be paid on a monthly basis in advance directly to the Association by personal check or money order. Upon receipt by the Association, the chapter shall be reimbursed for its portion of such dues within 30 days.
3. Members with inactive status whose required dues are not received by the Association prior to the first day of the following month shall no longer be considered in inactive status.
Individuals employed in any OSEA-represented bargaining unit which has fair share provisions within the collective bargaining agreement and who choose not to become an active OSEA member shall be deemed a fair share service fee payer and shall be required by law to pay a monthly service fee in an amount equal to the current combined per capita and chapter dues required of active members.
1. Such service fees shall be paid via payroll deduction on a 9-, 10-, 11- or 12-month cycle depending on the number of paychecks received regardless of the number of months in paid status.
2. Such fair share fee payers shall be entitled to full rights of representation in all matters related to the collective bargaining agreement but shall not, however, have the right to vote, hold elected or appointed office or position or otherwise participate in the affairs of the chapter or Association except as may be allowed by the chapter’s local operating procedures, the Constitution of the State Association and/or applicable law.
3. In accordance with Article IV, Section 3, of the OSEA Constitution, public sector employees who choose to become active OSEA members shall only be considered in “good standing” for purposes of establishing voting rights and the right to hold office or positions after signing a membership application and upon the first day of the month following the month in which payroll deduction of per capita and chapter dues commences.
4. In accordance with Article IV, Section 3, of the OSEA Constitution, private sector employees who are fair share/service fee payers shall become members in “good standing” for purposes of establishing voting rights and the right to hold office or positions upon the completion and signing of an OSEA membership application/payroll deduction of dues authorization form.

421 - Only members in good standing are allowed to serve as voting delegates at the Annual Conference except as provided in Article VI of the OSEA Constitution.

421a - Only members in good standing are allowed to submit resolutions to the Annual Conference except in Article VI of the OSEA Constitution. (Board Meeting, April 2002)

423 - Collective Bargaining (2017 Conference - Board Meeting, February 2018; Revised 2018 Conference – Board Meeting, May 2019; Revised 2019 Conference – Board Meeting, January 2021)

In accordance with Article V, Section 7, of the OSEA Constitution, the purpose of this policy is to ensure each affiliated chapter properly negotiates agreements with the employer, public or private, covering wages, hours and other terms and conditions of employment which shall be applicable to all employees of the bargaining unit.

RecognitionAny properly negotiated agreement with the employer shall be in the name of the Oregon School Employees Association and its chapter’s name and number.
Initial ProposalsWhen negotiating a full contract, re-opener or other modifications to an existing contract, each chapter shall survey its members for recommendations when developing its initial proposal.
1. Chapters may, if set forth in its local operating procedures, require that initial proposals are approved by a majority vote of the membership at a regular or special chapter meeting with not less than 5 working days’ written notice.
2. If the chapter’s assigned field representative has not been involved with the development of the initial proposal, the chapter shall forward a copy of its initial proposal to its assigned field representative before it is presented to the employer. The field representative shall review the proposal and advise the chapter of any issues involving non-compliance with OSEA’s Constitution and/or written policies and state or federal law. The field representative shall also advise the chapter if any proposals could be detrimental to the chapter, its members or the Association.
BargainingPrior to beginning negotiations, the field representative shall review the procedures for ratification as set forth herein and the chapter’s local operating procedures with the chapter leadership and the employer. If the Association becomes aware of a bargaining issue(s) during the negotiating process that could be detrimental to the chapter, its members and/or the Association, the Director of Field Operations may call a meeting with the chapter executive board, the negotiating committee/team and the field representative to discuss the issue(s) and possible solutions.
Negotiated AgreementsEvery 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.
1. No chapter shall 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.
2. For purposes of this policy, the following shall not be subject to or require a ratification vote:
  1. Settlement agreements resulting from grievance procedures, unfair labor practice charges, Employment Relations Board (ERB) proceedings or National Labor Relations Board (NLRB) determinations 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 (a) are accomplished utilizing reclassification procedures contained within the collective bargaining agreement, (b) submitted as part of an initial or re-opener proposal, or (c) accomplished with the assistance and/or approval of the assigned field representative.
3. 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.
Ratification Procedures
1. When the chapter and its negotiations committee/team have negotiated a contract, reopeners or other modifications to an existing contract, it shall, prior to submitting the tentative agreement to the membership for ratification, submit 1 copy to the Director of Field Operations and 1 copy to the assigned field representative if the field representative was not a participant in the negotiations.
2. Upon receipt of the tentative agreement, the Director of Field Operations, or designee, shall without delay forward to the chapter president and the assigned field representative, if applicable, the Director’s review that determines only 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.
3. After return of the compliance review, the chapter president shall schedule a meeting of all bargaining unit employees where the leadership, negotiating 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 be issued to all bargaining unit employees not less than 5 working days prior to the meeting date and shall include a copy or summary of the tentative agreement.Exception: The OSEA Executive Director may approve a notice period of less than 5 working days but not less than 48 hours upon request by the chapter executive board.
  2. The meeting shall be open to all employees of the bargaining unit whether they are OSEA members or not. Fair share service fee payers or 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. Employees who have had their membership rights suspended shall have the right to vote unless they have withdrawn their membership or have become a fair share service fee payer.
Ratification Voting
1. General Procedures
  1. The ratification vote shall be by written secret ballot conducted in accordance with provisions set forth in the chapter’s local operating procedures, which shall be consistent with Association policies and procedures.
  2. In no event shall any vote be taken without first conducting a meeting for the purposes of discussion, debate and answering of questions as described in Section 5c above.
  3. The chapter elections committee shall have the responsibility for the conduct of the ratification balloting.
  4. Ballots shall not be signed, initialed or numbered in any manner as to reveal the identity of the member voting.
  5. Only OSEA members in good standing shall be allowed to vote.
  6. Absentee or proxy voting are prohibited.
  7. It shall require a majority of votes cast in the affirmative for ratification. The chair of the negotiations committee will notify the membership and the employer of the results of the balloting.
2. Voting at a Regular or Special Chapter Meeting
  1. The meeting notice shall include the date, time and location allocated for discussion and debate. Voting shall not begin until the discussion/debate period has begun.
  2. At least 2 tellers shall be appointed by the chapter president 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 membership list provided by the chapter treasurer, chapter secretary or field representative. All voted ballots shall be deposited in a closed and secure ballot box/envelope.
  3. At the conclusion of the voting period, ballots shall be counted and the results announced prior to adjournment of the meeting.
3. Voting by Worksite Ballot
  1. Centralized or individual building/worksite balloting shall not be conducted sooner than the first workday following the informational meeting as prescribed in Section 5 above. Copies of the tentative agreement shall be available at each voting site for the members’ review.
  2. OSEA members only shall be notified at least five (5) days in advance of the date, time(s) and location(s) where voting will be conducted or such information may be included in the informational meeting notice as required in Section 5 above.
  3. At least 1 teller shall be appointed to conduct the voting at each designated worksite and shall begin and end on the same day. At least 2 tellers shall be appointed if using a single centralized worksite.
    1. Tellers shall verify OSEA membership in good standing and members shall sign or initial for receipt of a ballot on the membership site list provided by the chapter treasurer, chapter secretary or field representative.
    2. Should the name of a bargaining unit employee be missing from the membership site list, the teller(s) shall contact the Elections Committee chair for verification of membership status. Upon verification of active membership status, the employee’s name shall be added to the membership site list and the employee shall be allowed to vote.
    3. If a member is on temporary assignment at a worksite other than the member’s normal worksite, the procedure itemized in subsection b above shall be utilized.
    4. Voted ballots shall be deposited into a closed and secure ballot box/envelope, which shall be kept in a secure location at all times by the worksite teller(s).
  4. The total number of ballots issued and returned shall be counted and verified separately for each individual worksite prior to combining all returned ballots for the final count of all votes.
4. Voting by Mail Ballot
  1. No later than 5 days following the informational meeting as prescribed in Section 5, and at least ten (10) days prior to the ballot submission deadline, the ratification notice and ballot, including instructions for its completion and return, shall be mailed to each member in good standing at their last known home address.
    Mail balloting shall be the same as the Oregon vote-by-mail process with a secrecy envelope and a postage-paid return envelope signed by the member for verification purposes only.
  2. Chapters shall arrange for a special post office box/mail box where ballots shall be returned. With prior approval by the Director of Field Operations, ballots may also be mailed to either the OSEA State Office or to the chapter’s assigned field office. After the ballot submission deadline has been reached, the chair of the elections committee and at least 1 additional member of the committee shall retrieve the ballots from the post office box/mailbox or the field office/OSEA State Office 1 time only. Ballots returned to an OSEA office shall not be opened or counted by OSEA staff.
  3. All costs associated with the mail balloting shall be the sole responsibility of the chapter.
5. Electronic Voting
  The Association and its chapters may conduct a vote on any matter by electronic means as long as electronic voting on the matter is not specifically prohibited by the OSEA Constitution or the chapter’s local operating procedures. All electronic voting must comply with any applicable requirements of the Labor-Management Reporting and Disclosure Act (LMRDA).
Required NoticeAny required notice(s) as prescribed herein shall be conducted in a manner to reasonably ensure receipt by every bargaining unit member. Any of the following methods or a combination of methods may be used:
1. A chapter flyer or newsletter distributed to each bargaining unit employee at each worksite or via U.S. mail;
2. A notice posted in prominent locations at each bargaining unit worksite/building;
3. Utilizing an employer’s internal mail system or email system if allowed in the collective bargaining agreement provided all employees have access;
4. Posting on the local chapter’s website or other chapter social media site provided all employees have access.
Contract Execution and Distribution
1. Following ratification, the negotiated agreement shall be signed by both the appropriate chapter representative(s) and a staff representative of the Association.
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.
  1. Chapters may make arrangements with the employer to cover all or part of the printing cost and this arrangement may be itemized in the collective bargaining agreement.
  2. Ratified agreements may also be reproduced by the Association.
Adherence to PolicyAny provisions of a chapter’s local operating procedures not consistent with this policy shall be invalid. Intentional violations of this policy may be cause for disciplinary action as described in Article III, Section 7, of the OSEA Constitution and as determined by the OSEA Board of Directors. Any such discipline shall be in accordance with the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), Robert’s Rules of Order, Newly Revised, and Board Policy 448.

424 - Chapter Local Operating Procedures (Constitution and/or Bylaws) (2016 Conference-Board Meeting, December 2016; Revised 2018 Conference – Board Meeting, May 2019)

Upon affiliation and issuance of an OSEA charter, each chapter shall, within 1 year, adopt local operating procedures (which may be referred to as the constitution and/or bylaws) which shall be consistent with the Constitution and written policies of the Association and the requirements of law.
1. Until local operating procedures are adopted and approved by the OSEA Executive Director, each chapter shall be governed by the chapter Governance Constitution as adopted by the OSEA Board of Directors.
2. The Chapter Governance Constitution includes required provisions which are applicable to all chapters and, as such, it may be adopted by chapters to replace all or portions of their current local operating procedures.
Optional Provisions. Chapter may adopt additional or different provisions to meet the specific needs of the chapter provided they do not conflict with requirements of the OSEA Constitution, written policies of the Association or applicable law.
1. The Chapter Governance Constitution Guidelines will be available to all chapters with the understanding it is intended for use only as a guide. The guidelines will indicate all required provisions with language that must be included in all chapter local operating procedures.
2. Amendments or revisions made by the chapter shall not become effective or operative unless and until they have received approval by the Executive Director or by action of the Board of Directors upon appeal.
3. Amendments or revisions will be reviewed for required compliance only and the chapter will be furnished a written analysis including areas of any non-compliance and suggested language for improvement where needed.
Amendments or Revisions. Only OSEA members in good standing of the chapter may, at any regular or special meeting of the chapter called for that purpose, make a motion to amend or revise the chapter’s local operating procedures. Such motion must include written text of the proposed changes to be made. This action shall constitute the first reading.
1. The exact text of the proposed change(s), including any additional changes proposed at the first reading, shall then be sent to chapter members not less than fifteen (15) working days prior to the next scheduled chapter meeting.
2. After the proposed amendment(s) or revision(s) are read a second time (second reading), including any additional amendments or changes made, the members in good standing in attendance shall by a two-thirds (2/3) vote to adopt or reject the proposed amendments or revisions. If the proposal includes any changes or revisions of chapter dues or assessments, the final vote shall be conducted by secret ballot.
3. When submitting adopted amendments or revisions for approval by the Executive Director, the chapter must include copies of the minutes of the meetings where the first and second readings occurred, signed by both the president and secretary of the chapter.
4. Chapters, members and/or chapter committees are encouraged to submit copies of the any proposed amendments or revisions to the Executive Director at least thirty (30) working days prior to the first reading in order to review any possible non-compliance issues prior to membership vote.
5. In the event any amendment or revision adopted by the chapter is not initially approved by the Executive Director, the chapter shall be notified in writing of the reasons for the rejection. The chapter shall, with membership approval at a regular or special meeting called for that purpose, with not less than five (5) working days’ notice, make the changes needed and re-submit the adopted changes to the Executive Director within ten (10) days for final approval.
Appeal Process. If the chapter believes all or any part of the rejection by the Executive Director is improper, the matter may be referred to the Board of Directors for a final decision.
1. Any such appeal by the chapter shall be in writing and shall outline the specific reasons why the chapter believes the rejection was improper. Such appeal must be sent to and received by the President within 10 working days after the date the Executive Director’s rejection notice has been received by the chapter.
2. Upon receipt of such appeal, the President shall cause the matter to be placed on the agenda of a regular or special Board work session, which shall not be later than thirty (30) days following receipt of the appeal or the next regularly scheduled Board work session, whichever is sooner.
  1. The President shall notify the chapter and the Executive Director of the date, time and place set for the Board to hear the appeal.
  2. The Board shall consider all documents and arguments provided by the chapter representative and of the Executive Director or designee.
3. At the conclusion of the hearing, the Board of Directors shall render its decision at the next regular or special Board meeting, which shall be final.

425 - Required Financial Reports (Revised Board Meeting, February 2018; Revised 2018 Conference – Board Meeting, May 2019)

In accordance with Article V of the OSEA Constitution, each affiliated chapter shall be required to render a financial report at each regular meeting of the chapter, itemizing income and expenditures since the last report and signed by the chapter president and chapter treasurer, or 1 other elected officer in the absence of either the chapter president or chapter treasurer. Copies of such reports shall also be provided to any chapter member not in attendance at the meeting upon request and to the Association.
In addition, chapters may be required to furnish additional reports and/or other financial information/documentation to the Association for the purpose of ensuring chapter fiduciary responsibility to meet the Association’s reporting obligations as required by the U.S. Internal Revenue Service (IRS) and the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 501 and 502) or for auditing purposes.

426 - Audit of Chapter Financial Records (2017 Conference - Board Meeting, February 2018; Revised 2018 Conference – Board Meeting, May 2019)

In order to fulfill its statutory reporting requirements, the Association shall reconcile each affiliated chapter’s bank account(s) on a monthly basis.
1. Such reconciliation reports, along with the applicable bank statements, shall be provided to each chapter executive board not later than 45 days following the last day of the current month.
2. Upon receipt of the reconciliation report, the chapter treasurer shall review and audit the report against the chapter treasurer’s own chapter financial records and shall promptly notify the OSEA Director Fiscal Operations of any discrepancies.
3. The chapter treasurer shall provide copies of the reconciliation reports to the membership at each chapter meeting and to any member not in attendance upon request.
In the event the Association monthly reconciliation report indicates improper financial management practices, the Director of Fiscal Operations shall notify the State President and the chapter executive board in writing. The chapter executive board shall be required to submit a plan to correct the irregularities. The notice shall itemize the issue(s) identified and provide suggested and/or required methods for correction.
1. Such plan shall be submitted to the Director of Fiscal Operations, the State President and appropriate zone director within 30 days following receipt of the notification.
2. Under the direction of the State President, the Executive Director or designee shall monitor the chapter for compliance to correct irregularities and implementation of the plan.
3. The State President shall be provided copies of the chapter meeting minutes where the plan of correction was reviewed by the membership.
In addition to the monthly reconciliation of chapter funds by the Association, the Executive Director or designee may, in accordance with Article V of the OSEA Constitution, conduct an immediate and separate audit of the financial books and records of any affiliated chapter for the following reasons including by not limited to:
1. Anytime a personnel change is made in the position of chapter treasurer during or at the end of a prescribed term of office;
2. Anytime the Association becomes aware a chapter has suffered a loss of funds as the result of misappropriation or alleged misappropriation or has received any reimbursement for loss of funds for any reason; or
3. Anytime the Association believes or is aware of improper or incorrect financial disclosure and/or reporting to the Association or the chapter membership which jeopardizes the interests of the membership and/or violates the reporting requirements of the Association in accordance with applicable law.
All chapter reconciliation reports, treasurer reports, financial books and records shall be kept on file by the chapter for at least 5 years.

430 - OSEA staff shall issue membership cards annually to each member of the Association.

439 - Zone Director Time Release

Up to 8 hours of time release per month may be used by each zone director for the purpose of zone activities as outlined in Article X, Section 4, of the OSEA Constitution. In cases where geography and time can be impacted by distance and weather, the State President may grant additional time release as needed by the zone director. This will not be cumulative time. (Board Meeting, October 2000; Revised Board Meeting, September 2001)

440 - Chapter President/Member Time Release

Time release shall be available to chapter presidents and individual members of the Association within the parameters of the current Association budget, priority, and criteria established by the OSEA Board of Directors. (Revised Board Meeting, April 2005)

440a - Chapter presidents requesting time release shall submit a detailed plan for utilization of the time release requested for Board approval. Chapter president time release is to be used for chapter administration, direct member representation, and state Association directives. Time release is not to be used for any activities where the event takes place outside of normal working hours or is covered by contractual agreements and/or applicable law.

Application for chapter president time release shall be to the Executive Director or designee.

All chapter president approved time release shall be for a specific period of time not to exceed the current budget year. Chapters requesting time release under this section agree to cost-share a portion of requested funds. Chapters will be required to submit a current chapter financial report to the Board. The Board will determine according to the chapter’s financial ability the amount to be cost-shared.

Chapter presidents on approved time release shall submit written reports on a monthly basis for the duration of the approved time release with a final report due 30 days following the termination of time-release resources. Failure to submit required reports shall cause termination of time-release resources. (Revised Board Meeting, April 2005)

440b - Application for individual member time release shall be up to the Executive Director or designee. Approval of time release shall be based on available funds, priority, and providing for specific time off for the purpose of chapter building.

The Executive Director shall have the authority to approve chapter building time release and shall provide the Board of Directors a monthly report showing approved time release, reports submitted, and noncompliance of report submittal.

Individual members requesting time release must use the formal Time Release form and provide the necessary information requested on the form including reason for request, amount of time requested, and estimated cost.

All individual members on approved time release must submit a written report outlining the goals, objectives, and outcomes of the time used. Reports are due to OSEA no later than 30 days following completion of requested time release. Failure to submit required reports will bar any future time-release requests. (Revised Board Meeting, April 2005)

440c - General Benefit Time Release

The President shall have the authority to authorize general benefit time release for the purpose of facilitating the Board of Directors coming together and for the purpose of allowing elected members of the Board to work on behalf of the statewide membership. The Board shall create, revise, and maintain an approved list of general benefit criteria (outside the policy document) to facilitate prompt approval by the President for general benefit time release. All other general benefit time release not on the approved list or exceeding budget line item limits shall require prior approval through formal Board action. (Revised 1999 Conference-Board Meeting, September 1999; Revised Board Meeting, April 2005; Revised Board Meeting, May 2014)

440d - Billing

All time-release reimbursement must be by billing from the employer to the Association and shall be paid directly to the payroll department. All approved time release shall be billed monthly.

Where the employer refuses to bill the Association directly, release time reimbursement shall be paid directly to the member on time release upon receipt of employer documentation of approved leave without pay. OSEA will track all employers not willing to bill directly so staff can encourage time-release inclusion in the bargaining process. (Board Meeting, February 1997; Board Meeting, April 2005)

440e - Chapters shall not encumber the Association with negotiated settlements for state paid release time without prior knowledge and approval of the Board of Directors. (Board Meeting, September 1995; Revised Board Meeting, April 2003)

440f - All Section 440 Time Release reimbursement shall be from the Time Release line item of the budget.

440g - Travel Reports (Board Meeting, October 2013)

The advantage of sending individuals to trainings or conferences is that they receive valuable information that may be beneficial to a department, chapter or the entire organization. Travel reports are especially helpful when justifying budget submissions if the report indicates that continued participation will have long-term benefits to the Association. Individuals who are selected for travel need to prepare a travel report upon completion of the trip. The travel report shall be submitted in written form and contain information such as the purpose of the trip, expectations, data gathered, benefit to the organization and recommendation for continued participation.

Member travel reports are to be submitted to the OSEA State Office no later than 14 days after completion of the trip and be accompanied by the traveler’s expense reimbursement form.

441 - Emergency Time Release

Time release shall be paid out of the statewide OSEA funds on behalf of chapter officers only to the extent required by emergency situations that meet the following criteria:

Statewide time-release funds are not to be used for chapter maintenance or normal chapter activities.
These funds can only be used in emergency situations where OSEA staff would normally respond, but are unable or unavailable to do so.
The emergency must require the immediate attention of the chapter officer to a situation such as:
1. A member's job is in jeopardy, or
2. Members' safety is in immediate danger.
In all cases, the chapter officers or building representative must first attempt to obtain reasonable accommodation from the employer to be released without loss of pay, or delay the situation giving rise to the emergency.
The chapter officer must then attempt to obtain help from OSEA staff.If these measures fail, the chapter officer may require approval of emergency release time from the Executive Director, or designee, who may approve time release under these criteria.After approval is granted, the chapter officer must follow up with a written report that documents the nature of the emergency, the results of attempts to obtain reasonable accommodation from the employer, the efforts to contact OSEA staff, and the outcome of the situation. This report shall be provided to the Executive Director, who shall copy the OSEA Board.OSEA staff shall make every effort after the fact to convince management they should have provided the time without loss of pay, and attempt to obtain remedy. Staff shall then encourage chapters to fund time release within their respective collective bargaining agreement. (Board Meeting, May 1995)

441a - Time Release, More Than 10 Days

Member time release for a period of more than ten days shall require the approval of the State President or designee. Board members shall be notified within five days of any such approved time release. (Board Meeting, January 1997)

441b - Time Release, External Organizing

Any time release that is for external organizing shall require approval of the State President or designee. Board members shall be notified within 5 days of any approved time release. (Board Meeting, January 1997)

442 - State President’s Time Release

OSEA’s State President shall be provided with the option of up to full Time Release to carry out the duties of the office. Five cents per month of each member’s dues and each fee payer’s fees shall be used to fund the “President’s Time Release” line item of the Annual OSEA Budget, with the general fund providing the balance necessary. The "President's Time Release" line item of the Annual OSEA Budget shall reflect only the use of the President. The intent of this expenditure is to allow the President to facilitate the duties of this office. 75% of the budget line item would be for personal use by the President. 25% could be used, at the discretion of the President, for others to provide a general benefit to the Association. Whenever possible, the Board will be notified of such use in advance and a report will be made to the Board no later than the next Board meeting following such use. Other "Time Release" is available in the budget for the use of members, officers and zone directors. (Revised Board Meeting, April 2001; Revised 2005 Conference)

443 - Installation of Chapter Officers

It shall be the general policy of the Association that only qualified people are allowed to exercise the powers of installation. The term “qualified” is intended to clearly designate those persons who may assume the office of the installer, which is as follows:

Members of the Board of Directors
Association Lifetime members
A past state Board member
A chair of a standing committee
An assistant zone director as per Board Policy 1200

In emergency situations, special arrangements for the installation of chapter officers may be made through the State President. (Board Meeting, September 2001)

444 - Chapter Election Policy (2004 Conference; Revised 2018 Conference – Board Meeting, May 2019)

General Provisions (Revised Board Meeting, October 2017)
1. No funds of the Association or of any chapter shall be used to support the candidacy of any member for any elective office within the Association or any chapter.
2. No publication sponsored by or supported by the Association or any chapter shall endorse or support any candidate for elective office within the Association or any chapter.
3. Any nominee or announced candidate for elective office shall have the single opportunity prior to the election to have mailed through the Association office, but at private expense, campaign literature. In a chapter election, such literature may be mailed to each member in good standing.
4. No less than 15 days prior to the holding of nominations for chapter officers or Conference delegates, a notice of the nominations and elections shall be mailed to each member.
5. A chapter member may make nominations at a regular or special meeting. A nominating committee, if provided for by the chapter’s local operating procedures, may also make nominations. Those nominated shall be afforded the opportunity to decline, and the name of any nominee who declines shall not appear on the ballot.
Election of Chapter Officers
1. To be eligible for election, a nominee must be a member in good standing of the chapter in which the nominee seeks office, or of a local affiliated with the chapter in which the nominee seeks office, and must meet such other conditions as are stipulated in the chapter’s local operating procedures.
2. An Election Committee, or equivalent, shall be established and shall have general responsibility for the conduct of the election in accordance with the OSEA Constitution and the chapter’s local operating procedures. Any challenge concerning the eligibility of any nominee shall be referred to the Election Committee, or equivalent, for decision and the decision shall be reported to the chapter prior to the election. The Election Committee, or equivalent, shall also report, as expeditiously as possible, the results of the balloting, together with recommendations regarding any protests that have been lodged regarding the conduct of the election. No member of the Election Committee, or equivalent, may be a candidate for office.
3. The terms of office for officers of chapters shall be set forth in the local operating procedures of each chapter, but may not exceed 3 years. This term definition does not preclude an officer seeking additional terms if allowed by the chapter’s local operating procedures.
4. Not less than 15 days prior to the holding of nominations for chapter officers, a notice of the nominations and elections shall be mailed to each member.
5. A chapter member may make nominations at a regular or special meeting. A nominating committee, if provided for by the chapter’s local operating procedures, may also make nominations. Those nominated shall be afforded the opportunity to decline, and the name of any nominee who declines shall not appear on the ballot.
6. In any case where there is only one nominee for office, such nominee shall be declared elected. In all other cases, elections shall be by secret ballot. All chapter members shall be afforded a reasonable opportunity to vote.
7. Chapter elections may be conducted at the same meeting as nominations or at the following meeting or by mail as provided in the chapter’s local operating procedures. Chapter elections shall be held in accordance with the chapter’s local operating procedures.
8. Any candidate whose name is to appear on the ballot shall have the right to have present an official observer of the candidate’s own choosing, who must be a member of the Association, in all places where ballots bearing the candidate’s name are to be cast or counted.
9. Upon completion of the voting, the ballots shall be tabulated and the candidate for each office receiving a majority of the votes cast for that office should be declared elected. Any remaining unfilled offices shall be filled through a runoff election in which there shall be a ballot bearing two names for each office to be filled, such names being those nominees who received the greatest number of votes in the first balloting, and the candidates receiving the highest number of votes shall be declared elected. Those elected shall be installed in office as provided for in the chapter’s local operating procedures and OSEA Board Policy. The pre-election incumbents shall remain in office until new officers are installed.
10. Officer vacancies shall be filled in accordance with provisions of the chapter’s local operating procedures. If no constitutional provision exists, vacancies shall be filled by vote of the executive board of the chapter.
11. The chapter shall retain all election records, including ballots, for at least 1 year after the election.
Election of Conference Delegates (Revised Board Meeting, April 2018)
1. Chapters must elect all Conference delegates by process and a secret ballot. Upon the chapter’s acceptance of the Election Committee’s, or equivalent’s, general report on the election of delegates, the names and addresses of the elected delegates shall be submitted to the OSEA State Office on the appropriate form supplied by the Association and shall be accompanied by a true and correct copy of the minutes of the chapter meeting. Said minutes shall be delivered to the OSEA State Office prior to the seating of Conference delegates. Any registered delegates requesting Conference floor status must have completed all delegate status processes prior to the seating on the floor. A chapter’s noncompliance will then go through the Credentials Committee.
Challenges and Protests
1. Any member of a chapter may challenge the eligibility of any nominee by filing such challenge with the Election Committee, or equivalent, prior to the holding of the election. The Election Committee, or equivalent, shall make a determination regarding the challenge and shall report its ruling to the chapter. The chapter shall either accept or reject the ruling of the Election Committee, or equivalent, prior to the election.
2. Any protest concerning the conduct of the election may be lodged at the meeting in which the election is conducted or by filing such protest in writing with the chapter within 10 days following the election. All interested parties shall be afforded an opportunity to be heard. The chapter shall decide such protests no later than 30 days after the filing of the protest.
3. If the chapter determines that there were violations, which may have affected the outcome of the election, it may order such election or any part thereof set aside and a new election held. Any officers who have been installed prior to such determination shall remain in office pending the outcome of any new election or a future appeal.
4. Any protestor or nominee adversely affected by a decision on a challenge or a protest may file a written appeal with the OSEA Board of Directors within 10 days of the chapter’s decision or, if no decision has been rendered, within 40 days after the filing of the original protest with the chapter. Upon receipt of such an appeal, the OSEA Board of Directors or designee shall conduct an investigation, affording all interested parties an opportunity to be heard, and shall issue a decision within 40 days after the filing of the appeal. If the investigation shows that there were violations that may have affected the outcome of the election, the election or any part thereof may be set aside and a new election held. In such circumstances, the new election may be conducted under the supervision of a representative designated by the OSEA Board of Directors.
5. Decisions of the OSEA State Board of Directors shall be final.
6. No chapter funds shall be used to institute legal action outside the union to challenge election rulings.
The provision of this Elections Policy shall conform to applicable law.

445 - Direct Assistance to Chapters (Board Meeting, April 2002; Revised 2007 Conference; Revised 2019 Conference – Board Meeting, January 2021)

It is the basic policy of the Association to provide sufficient technical and other assistance to all affiliated chapters so they may function and represent themselves to the maximum extent possible.

The purpose of Policy 445 is to outline the procedures that must be followed when chapters are confronted with situations in which they are unable to provide adequate or required representation without additional assistance from the Association.

Request for AssistanceWhen a chapter is confronted with a problem or situation and has determined it may require OSEA assistance, the chapter must obtain approval for a request for assistance from its membership or by action of the chapter executive board. Such request must be submitted in writing to the State President and must contain the following information:
1. All facts and issues relating to the matter;
2. Specific reason(s) the chapter believes OSEA direct assistance is necessary;
3. Action(s) taken to date, if any, to resolve the matter locally and the results thereof;
4. Copies of chapter or executive board meeting minutes showing the request for assistance was approved; and
5. Agreement by the elected officers that if additional Association intervention becomes necessary, the chapter and its officers shall abide by the recommendations and decisions of the Association.
Association Action on a Request for Assistance
1. Within 10 days after receipt of a request for assistance, the State President, appropriate Zone Director and Director of Field Operations shall jointly meet with the chapter officers to understand and outline the problem(s) or situation and propose a plan of action for a solution by the chapter.
  1. If the matter does not involve collective bargaining, contract enforcement and/or representation issues, the Executive Director may assign other staff as appropriate to assist the chapter.
  2. If the State President and/or Zone Director is also a member of the chapter, the State President shall appoint another member of the Board of Directors to assume the responsibilities set forth herein.
2. A reasonable amount of time not to exceed 60 days shall be jointly agreed to for a resolution. This time period may be extended up to a maximum of 30 additional days upon written request to the State President. Such request must itemize reasons for the extension.
3. The chapter membership, chapter executive board, State President, Zone Director and Executive Director shall be kept informed, in writing, by the Director of Field Operations, or other staff as appropriate, of all actions taken and progress made to resolve the matter
4. A final report to the chapter membership, chapter executive board, Board of Directors and the Executive Director shall be rendered by the State President when both the chapter and Association representatives agree that Association assistance is no longer required.
Non-Compliance by a Chapter or Chapter Officers
1. In the event the chapter and/or its officers fail or refuse to take necessary action to resolve the matter as outlined above and the situation could or will jeopardize the legal obligations of the Association and/or interest of the chapter membership, the Zone Director and/or the chapter’s assigned Field Representative shall contact the Director of Field Operations requesting approval for formal intervention by the Association.
  1. Such request shall be in writing and shall indicate the specific reasons for the request and actions taken to date, if any, to resolve the matter.
  2. If the matter does not involve collective bargaining, contract enforcement and/or representation issues, another staff member may make the request.
2. The Director of Field Operations may recommend a course of action which shall only be implemented with concurrence of the State President and Executive Director except as provided in subsection “c” below.
3. If the recommendation contains a request for suspension of the chapter’s charter or other such sanctions, the matter shall be submitted directly to the Board of Directors in accordance with Article V of the OSEA Constitution and Board Policy 446.
4. The Executive Director shall provide the Board of Directors with a complete written report of the issues as identified pursuant to Section 2, herein, together with any action taken to date.

446 - Direct Association Intervention (Revised 2019 Conference – Board Meeting, January 2021)

Except as provided in Policy 445, when the Association becomes aware of any condition(s) that exist within an affiliated chapter that seriously jeopardizes the effectiveness and/or legal obligations of the Association, or that has or will cause negative effects on the chapter or Association membership, the Director of Field Operations and assigned Field Representative shall jointly meet with the chapter executive board officers and/or chapter membership to outline the issue(s) and propose methods for its immediate resolution.
1. If the matter does not involve collective bargaining, contract enforcement and/or representation issues, the Executive Director may assign other staff as appropriate to assist the chapter.
2. The State President, Zone Director and Executive Director shall be kept informed of the issues, progress made and actions taken by the chapter. Such reports shall be made by the assigned staff and may include recommendations for further action to resolve the issue(s).
Failure to Act/Non-Compliance
1. In the event the chapter executive board and/or chapter membership fails or refuses to take immediate action necessary to resolve the matter, the Director of Field Operations shall recommend a course of action to be followed which shall be implemented only with concurrence of the State President and the Executive Director.
2. The Executive Director shall render a complete report to the Board of Directors of the issue(s) and any actions taken to date, together with recommendations for further formal sanctions if deemed necessary.
3. If such recommendations contain a request for suspension or revocation of the chapter’s charter, the matter shall be submitted directly to the Board of Directors for action in accordance with Article V of the OSEA Constitution.
4. If deemed an emergency by the State President, the Board of Directors may take such action as is necessary to protect the legal obligations of the Association, including imposition of a trusteeship pending a hearing on the matter. Such emergency action may be determined via telephone voting in accordance with Board Policy 111.
Hearing
If the Board of Directors, by a ⅔ vote, agree that the recommended action(s) pursuant to Section 2 above should be implemented, the Board shall establish a date, time and place for a hearing where the officers and/or members of the chapter may appear to show cause why the Board’s proposed action(s) should not be taken. Such hearing shall be scheduled for not more than 30 days nor less than 5 days prior to a date established by the Board for implementation of the proposed action(s).
1. Notice shall be sent via certified return receipt mail to the chapter’s elected officers of record, or to the chapter membership in the event there are no elected officers, at least 15 days in advance of the hearing date outlining the reasons for the proposed action(s) and of the right to be heard before the Board of Directors in Executive Session.
  1. The Board of Directors shall have the right to call any witnesses it deems necessary to be present and the chapter shall have the right to call any persons deemed necessary as witnesses for the chapter at chapter expense.
  2. As such hearings involve internal operations of the Association, neither the Association nor the chapter shall have the right to have legal counsel in attendance. The Association shall, however, arrange for legal counsel to be available in an advisory capacity only to ensure due process rights are honored for all concerned.
2. At the conclusion of the hearing, the chapter representatives shall be excused and the Board shall then consider the arguments and any evidence presented. The Board may decide not to implement the proposed action(s); remove, amend, or reduce the proposed action(s); or order the proposed action to be implemented, which may include suspension and the imposition of a trusteeship or continuation of the trusteeship currently in place. Any such determination by the Board of Directors shall require a ⅔ vote.
3. If penalties other than suspension or revocation of charter are imposed, such findings shall state that if the chapter fails to comply with the findings its chapter will be automatically suspended and an administrator will be appointed.
4. If chapter representatives fail to appear at the hearing, the action proposed by the Board shall be ordered with immediate implementation and the membership so notified, in writing, including the effective date which shall not be sooner than 5 days after the hearing is concluded.
5. All decisions of the Board of Directors shall be final and binding and not subject to further appeal.
Trusteeship
1. In the event a temporary trusteeship is imposed by the Board of Directors or a chapter is suspended as set forth herein, the State President shall be authorized to conduct the affairs of such chapter, financial and otherwise, until termination of the trusteeship or disbandment, whichever occurs first. The State President shall, with advice and consent of the Board of Directors, immediately appoint an administrator for such purposes who shall be an OSEA member in good standing, or a ROSE member in good standing who was an active member prior to retirement, and who shall not be a member of such chapter.
2. The administrator shall have authority to take possession of all chapter funds, books, records and other assets of the chapter for the period the trusteeship is in place and shall:
  1. Cause an audit of chapter financial accounts, books and records immediately after establishment of the trusteeship;
  2. Take any necessary action to recover funds, assets or other property of the chapter if needed;
  3. Be authorized to sign any banking or other financial instruments/ documents to effect the transfer or expenditure of chapter funds when necessary;
  4. Expend or cause to be expended chapter funds only as necessary for the proper conduct of the chapter’s affairs.
    1. The administrator shall not be required to comply with a chapter’s budget or acquire membership approval if the administrator, in consultation with the State President, determines that an expenditure is appropriate for the chapter and its members.
    2. No receipts or other funds of the chapter shall be transferred to the Association except regular state per capita dues, fair share service fees where applicable or other assessments required of chapters not under a trusteeship. The chapter shall be reimbursed their portion of chapter dues, if any, forwarded to the Association by the Employer.
3. The administrator may, with concurrence of the State President, suspend from office any or all chapter officers and/or chapter committee members and appoint replacement members in good standing of the chapter. Such positions shall include, but not be limited to, elected executive board officers, job stewards and/or worksite organizers.
4. Chapters in trusteeship status shall have the right to elect, by secret ballot vote in accordance with the chapter’s local operating procedures, Annual Conference delegates/alternates in such numbers as set forth in Article XIII of the OSEA Constitution, provided, however, all active members in good standing shall be eligible for such delegate position. Any chapter elected officer not suspended from office and whose position is designated as an automatic Conference delegate as set forth in the chapter’s local operating procedures shall retain such automatic delegate status.
5. The administrator shall review this and other relevant policies and applicable law regarding trusteeship with the chapter membership at a meeting called for such purpose as soon as possible after action by the Board of Directors which imposed the trusteeship.
  1. During the period of trusteeship, the administrator shall submit monthly reports to the Board of Directors, chapter membership and Executive Director outlining progress made and actions taken. Any chapter financial and other reports required by the Association shall be the responsibility of the administrator.
  2. The administrator shall be adequately bonded at Association expense to safeguard chapter funds and assets and for the performance of their duties.
6. In accordance with federal law (LMRDA), the duration of any trusteeship shall be no longer than 18 months unless the Board of Directors, by a two-thirds (2/3) vote extends the time period for an additional maximum 6 months.
  1. In addition to the required monthly reports, the administrator shall, on at least a quarterly basis, provide a recommendation to the Board of Directors as to whether the trusteeship should be continued, modified or that chapter self governance should be restored.
  2. The Board of Directors may terminate a trusteeship upon recommendation of the administrator or upon written petition from the chapter showing convincing evidence that the reason(s) causing its implementation has been corrected and the trusteeship is no longer necessary.
  3. The chapter, through its elected delegates, may appeal to an Annual Conference for the termination of the trusteeship only on the grounds that the issue(s) causing its implementation has been eliminated and/or corrected. There shall, however, be no rights to appeal the reason(s) for the trusteeship.
    1. Any such Conference appeal shall not be valid unless and until the chapter has first petitioned the Board of Directors and been denied by a majority vote of the voting members of the Board.
    2. Such appeal shall be in writing, itemizing the basis for the appeal and must be submitted to the State President prior to the Annual Conference.
    3. A motion by the chapter to sustain an appeal at the Conference shall require a secret ballot ⅔ vote of the credentialed delegates following debate as set forth in the Conference rules of that specific Conference.
  4. When a trusteeship is terminated, either by the Board of Directors or Annual Conference delegates, the administrator shall, as soon as possible, cause the election(s) of chapter officers except for any elected officers whose terms have not expired and who have not been expelled or otherwise barred from holding office during the period of trusteeship.
    1. The administrator shall cause an audit of the chapter’s financial books and records and following such audit shall cause the return of funds and other assets, books, records and property to the appropriate chapter officers or members who shall give receipt for same.
    2. The administrator shall make a final report and accounting of the trusteeship to the Board of Directors, chapter membership and the Executive Director and make recommendations for changes in the chapter’s local operating procedures and other internal procedures as may be required to prevent future intercession by the Association.
7. In the event a trusteeship is not terminated within the maximum allotted time as set forth herein, such chapter shall have its charter automatically revoked and the chapter shall be disbanded in accordance with Article V of the OSEA Constitution and Board Policy 447.

447 - Disbursement of Funds (Revised 2019 Conference – Board Meeting, January 2021)

The Association recognizes it has both a moral and legal obligation to protect the financial interests of the Association and its members when its relationship with an affiliated chapter is severed for any reason, including decertification, other lawful actions or by action of the Board of Directors.

Disbandment Due to DecertificationIt shall be Association policy to officially disband a chapter when exclusive rights to representation have been secured by another labor organization or when lawful decertification occurs without subsequent representation of any kind.
1. Immediately upon certification of any representation election results by the Oregon Employment Relations Board (ERB) or the National Labor Relations Board (NLRB), all monies, books, records and other assets or property held by the chapter shall be secured and transmitted to the Association by the Director of Fiscal Operations to be held in trust for the benefit of the Association in accordance with Article V of the OSEA Constitution.
  1. The Association shall take such legal action as may be required to enforce these provisions on behalf of the Association membership.
  2. An immediate audit of such chapter’s financial books and records shall be conducted in accordance with Article V of the OSEA Constitution.
2. Upon securement of chapter funds and conclusion of the chapter audit, the Director of Fiscal Operations shall supervise distribution of the chapter funds in the following order:
  1. All monies due and owing the Association shall be promptly remitted to the OSEA general fund;
  2. Any and all outstanding obligations of the chapter shall be promptly paid; and
  3. All remaining funds and assets, if any, shall be held in trust by the Association for the purpose of reorganization and benefit of a successor chapter chartered for the affected bargaining unit.
    1. Said trust account shall only be continued until a successor chapter is affiliated or for 24 months following the decertification, whichever occurs first.
    2. Upon recommendation of the Executive Director, a maximum of 12 month extension of the trust may be granted by the Board of Directors if an OSEA decertification attempt or organizing campaign is in progress or will be in the immediate future.
3. All chapter members shall be notified in writing of the pending disbandment and shall be provided the option of continued OSEA membership as an associate member.
4. Members of such decertified/disbanded chapter shall forfeit all Oregon AFL-CIO Central Labor Council/Chapter positions and/or AACSE positions regardless of appointment or election.
Disbandment for Reasons other than Decertification
1. Immediately upon OSEA written notification to chapter members, if any, of the intent to disband the chapter for reasons other than the loss of exclusive representation rights, instituted either by a two-thirds (2/3) vote of the Board of Directors, pursuant to Article V, Section 2, of the OSEA Constitution, or by any other lawful action, all monies, books, records and other assets or property held by the chapter shall be secured and transmitted to the Association by the Director of Fiscal Operations to be held in trust for the benefit of the Association in accordance with Article V of the OSEA Constitution.
  1. The Association shall take such legal action as may be required to enforce these provisions on behalf of the Association membership.
  2. An immediate audit of such chapter’s financial books and records shall be conducted in accordance with Article V of the OSEA Constitution.
2. Upon securement of chapter funds and conclusion of the chapter audit, the Director of Fiscal Operations shall supervise distribution of the chapter funds in the following order:
  1. All monies due and owing the Association shall be promptly remitted to the OSEA general fund;
  2. Any and all outstanding obligations of the chapter shall be promptly paid; and
  3. All remaining funds and assets, if any, shall be held in trust by the Association for the purpose of reorganization and benefit of a successor chapter chartered for the affected bargaining unit.
    1. Said trust account shall only be continued until a successor chapter is affiliated or for twenty-four (24) months following the decertification, whichever occurs first.
    2. Upon recommendation of the Executive Director, a maximum of twelve (12) month extension of the trust may be granted by the Board of Directors if an OSEA decertification attempt or organizing campaign is in progress or will be in the immediate future.
    3. All chapter members shall be notified in writing of the pending disbandment and shall be provided the option of continued OSEA membership as an associate member.
    4. Members of such decertified/disbanded chapter shall forfeit all Oregon AFL-CIO Central Labor Council/Chapter positions and/or AACSE positions regardless of appointment or election.

448 - Member Discipline Procedures (Revised 2019 Conference – Board Meeting, January 2021)

This policy is adopted to establish procedures governing suspension, expulsion or other such discipline of any member of the Association or the Retiree Unit (ROSE) for action(s) determined to constitute “conduct detrimental to the Association.”

Statutory Rights
Nothing contained in this policy shall abridge any member’s or officer’s rights granted under provisions of the Labor-Management Reporting and Disclosure Act (1959), 29 U.S.C. 411(5).29 U.S.C. 411 (5) Safeguards against improper disciplinary action – No member of any labor organization may be fined, suspended, expelled or otherwise disciplined except for nonpayment of dues by such organization or by any officer thereof unless such member has been (A) served with written specific charges; (B) given a reasonable time to prepare his defense; and (C) afforded a full and fair hearing.
Submission of Charge
Any charges filed alleging violations as set forth in Article III, Section 7, of the OSEA Constitution must be filed in writing within 3 months of the date of the alleged offense, except that charges alleging misappropriation of funds or property may be filed within 3 months of the date the charging member became aware of the alleged offense.
1. If any charge alleges violation(s) of the Constitution or written policies of the Association, or the operating procedures of a chapter, a copy of the specific section(s) alleged to have been violated shall be attached to the charge.
2. All submitted charges shall include the specific date, time and place such violations occurred together with the name of any witnesses involved in each offense charged, and shall outline a statement of facts constituting each offense.
Processing Charges
The charging member shall prepare, sign, date and forward the charge(s) to the President via U.S. mail, fax or hand-delivered to the OSEA State Office. If the President is the charged member, the charge(s) shall be sent to the Vice President.
1. A copy of the charge(s), not including the names of any witnesses, shall be sent via certified return receipt mail to the charged member within 5 days of receipt by the President (or Vice President, as appropriate).
2. The charge(s) shall be forwarded to the Executive Director who shall cause the charge(s) to be reviewed for sufficiency and investigated to determine whether the alleged facts, if proven to be true, are sufficient to constitute conduct detrimental to the Association that would warrant disciplinary action.
  1. Such investigation shall be completed not later than 30 days after receipt of the charge(s).
  2. The Executive Director may, with good cause shown and consent of the President (or Vice President, as appropriate), extend the time period to complete the investigation for up to an additional 30 days.
3. Upon completion of the investigation, the Executive Director shall submit the results in a confidential report to a subcommittee of the Board of Directors as provided herein. Such report shall contain an evaluation based solely on whether the alleged offense(s) would in fact be a chargeable offense and whether or not sufficient evidence exists to proceed to a hearing.
  1. The Board subcommittee shall consist of the Vice President and 2 Zone Directors chosen by lot. If the President is the charged member, the Secretary shall assume the Vice President’s role on the subcommittee.
  2. Should any member of the Board of Directors be the charging member, charged member or have direct knowledge of or otherwise be a party to the charge, the member shall not be eligible to serve on the subcommittee.
Duties of the Board Subcommittee
1. In the event the Board subcommittee finds the charge(s) and evidence submitted constitute sufficient grounds for possible disciplinary action, it shall take such action as deemed appropriate and as provided below:
  1. Notify the President of the need to assemble a Judicial Panel to review the charge(s) and determine disciplinary action, in accordance with the Judicial Panel procedures set forth below.
  2. Notify the charged member via certified mail return receipt at their last known address of the hearing to be conducted by the Judicial Panel. The notice shall include:
    1. The specific charge(s) and specific facts alleged on which the charge(s) is based;
    2. The name of the charging member;
    3. The composition of the Judicial Panel assigned to hear the charge(s);
    4. The date, time and place where the panel will hear the matter, which may be held at a location reasonably convenient to the charged member, not sooner than thirty (30) days after the notice is mailed;
    5. The right of the charged member to be represented at the hearing by any OSEA/ROSE member in good standing, or private legal counsel at the charged member’s own expense, and of the right to present evidence and/or witnesses and the right to cross-examine witnesses; and
    6. The charged member’s obligation to notify the Judicial Panel’s administrative secretary at least ten (10) days prior to the hearing of the name and address of any OSEA/ROSE member or attorney chosen to represent the charged member.
  3. Direct that such other administrative procedures deemed appropriate and/or applicable pursuant to other policies of the Association shall first be undertaken to address the concerns set forth in the submitted charges. Referral of the charges to the Judicial Panel may be deferred for not more than six (6) months to consider or enact other administrative actions or procedures that could facilitate resolution of the matter without disciplinary action imposed.
2. If the Board subcommittee finds that the evidence submitted does not substantiate the charge(s), or if the charge(s) are such that they do not warrant disciplinary action, it shall dismiss the complaint and so notify the charging member and the charged member, including the reasons for its decision. Such notification shall be by certified return receipt mail with copies to the President and Executive Director.
Judicial Panel – Composition/Terms of Service
1. The principal Judicial Panel, consisting of 6 members and a chair, shall be appointed by the President with advice and consent of the Board of Directors. Appointments shall be for 3 year terms. Members and the chair may be reappointed but shall not serve consecutive terms.
  1. Members of the Judicial Panel shall be active members in good standing, Lifetime members or active ROSE members in good standing who were active OSEA members prior to retirement, or any combination thereof. Voting members of the Board of Directors shall not serve on any Judicial Panel.
  2. Judicial Panel members shall be reimbursed for all expenses incurred, including necessary time release, when called to serve at a Judicial Panel hearing.
2. The Board of Directors may, by a ⅔ vote, remove any member of the Judicial Panel, including the chair, at any time for any reason except removal shall not occur during any Judicial Panel hearing in progress.
  1. Any Judicial Panel member or chair who is a party to the disciplinary action or who is familiar with the charged member to the extent that the action will impair the Judicial Panel member’s objectivity shall be disqualified from that specific Judicial Panel hearing and action and a replacement will be selected.
  2. The President, with advice and consent of the Board of Directors, shall fill all vacancies which occur during unexpired terms.
3. The administrative secretary of the Judicial Panel shall be the Executive Director for purposes of handling administrative tasks relating to Judicial Panel procedures and proceeding, as set forth herein, and shall coordinate all Judicial Panel activities. The administrative secretary shall not be a member of any Judicial Panel(s).
4. When a Judicial Panel is required to hear a disciplinary matter, it shall consist of the chair and 2 panel members who shall be chosen by lot by the administrative secretary.
  1. If the chair is disqualified for reasons as itemized herein or is unable to serve, the President shall appoint an acting chair from among the remaining principal panel members.
  2. Should there be less than 3 Judicial Panel members available to serve at a hearing, the President shall be authorized to appoint another eligible OSEA/ROSE member to serve for that specific hearing.
Hearing of Charges
1. The hearing shall be held at the scheduled time, date and location where the charged member may appear in person and with witnesses to answer the charges. The charged member may present their own defense or may select an OSEA active member in good standing, Lifetime member, active ROSE member in good standing who was an active OSEA member prior to retirement or a private attorney at the charged member’s own expense.
2. The charge(s) shall be carried forward by the charging member, including presentation of the charge(s), documentation/evidence and oral arguments before the Judicial Panel unless the charged member has chosen to use a private attorney to present the defense, in which case the charge(s) shall be presented on behalf of the charging member by an attorney selected by the Executive Director.
3. The Association shall provide legal counsel at each Judicial Panel hearing, in an advisory capacity only, to ensure due process rights are honored for all hearing participants.
4. If the charged member fails to appear at the hearing, the Judicial Panel shall conduct the hearing in the charged member’s absence.
5. The hearing shall be conducted in a closed session with the confidentiality of the proceedings to be strictly maintained by all participants. Persons not directly involved or necessary to the hearing process, except when testifying as a witness, shall be prohibited. Judicial Panel members shall not disclose any information relevant to the matter except as may be required by this policy.
6. The proceedings shall be audio-taped by the administrative secretary, but a printed transcript shall not, however, be provided to any participants. Said audio-tape shall be destroyed following final action pursuant to Section 8 or 9 herein. No other person(s) shall record the proceedings in any manner.
Withdrawal of Charges
1. Charges may be withdrawn by the charging member at any time prior to the date set for the hearing upon a signed written request to the President (or Vice President, as appropriate) unless the Board subcommittee determines that the institutional interests of the Association in prosecuting the charge(s) outweigh the interest of the charging member in withdrawing the charge(s).
  1. In such case, the Board subcommittee shall become the charging party and the charge(s) shall be carried forward on behalf of the Association by legal counsel selected by the Executive Director.
  2. The charged member shall be so notified and advised that the charged member may select a private attorney for the hearing at the charged member’s own expense.
2. Should the charge(s) be withdrawn, all parties to the action shall be notified by the administrative secretary via certified return receipt mail.
Determinations of the Judicial Panel
1. Within 21 days after the conclusion of a disciplinary hearing, the Judicial Panel shall determine the sufficiency of the evidence for each charge and find the charged member guilty or innocent based thereon. If the Judicial Panel finds the member guilty, it shall then outline the basis for its findings and determine the penalty(ies) to be imposed as authorized in Article III, Section 7, of the OSEA Constitution.
2. Within the twenty-one (21) days, a written confidential report by the Judicial Panel chair of the findings and penalties imposed, if any, shall be provided to the President and Board of Directors. Copies of said report shall be sent via certified return receipt mail to the charged member with notification that the matter has been forwarded to the Board of Directors for final disposition and outlining procedures by which the charged member may appeal the panel’s decision.
3. If the Judicial Panel determines the charged member is innocent of the charge(s), the matter shall be dropped with no other action necessary and the charged and charging members so notified by the administrative secretary via certified return receipt mail with copies provided to the President and Board of Directors.
4. Upon receipt of the confidential report, the Board of Directors shall officially receive the report and take no further action except on appeal.
Appeal Process and Procedures
1. The charged member may appeal the Judicial Panel’s findings and/or proposed penalties to the Board of Directors. Procedures for filing and processing such appeal shall be as follows:
  1. The appeal shall be in writing fully outlining the charging or charged member’s objections and arguments against the Judicial Panel’s findings and/or proposed penalties;
  2. The member shall forward such signed and dated appeal to the President (or Vice President, as appropriate) within 21 days of the postmark date of the Judicial Panel’s notification of findings and proposed penalties via mail, fax or hand-delivered to the OSEA State Office;
  3. Upon receipt of a timely appeal, the Executive Director shall forward the appeal together with the written record of the matter (which includes the recording of the Judicial Panel hearing, any exhibits or documents presented at the hearing and the Judicial Panel’s decision) to the Board of Directors.
2. Any appeal shall be based solely on the written record of the matter and no appeal hearing shall be permitted. The Board of Directors may affirm, amend or dismiss the decision of the Judicial Panel including but not limited to increasing or reducing the proposed penalty(ies). If any penalty(ies) are to be imposed, the Board shall set the effective date which shall not be sooner than 5 days following final Board action.
  1. The decision of the Board shall be by a majority vote which shall constitute the position of the entire Board. Accordingly, there shall be no minority report or dissent filed or noted.
  2. New evidence shall not be considered at the appeal level unless exceptional circumstances, as determined by the Board, precluded its submission to the Judicial Panel at the hearing.
3. The Board of Directors may review and act on appeals at regular or special meetings in closed sessions, by telephone polling or by video-conference calls, which shall be ratified at the next regular or special meeting of the Board.
  1. Members of the Board subcommittee that referred the matter to the Judicial Panel shall be disqualified from voting on an appeal.
  2. Board members involved as a charging member or as a charged member shall be ineligible to participate in the review or vote on such appeal.
  3. A ruling on the appeal shall be sent via certified return receipt mail to both the charged and charging members within 10 days following the Board’s decision.
4. In the event the charged member fails to file a timely appeal, the Board of Directors shall review the matter not later than the next regular meeting of the Board and shall declare the decision of the Judicial Panel to be upheld and shall order any proposed penalty to be effected. The President shall cause the charged member to be notified, via certified return receipt mail at the charged member’s last known address, of the Board’s action and the effective date of any penalty imposed, which shall not be sooner than 5 days after the notification is mailed. Copies of such notification shall also be sent to the charging member and chapter or ROSE officers as appropriate.
5. A ruling of the Judicial Panel absent a timely appeal or a decision of the Board of Directors shall be final and binding. Such ruling or Board decision shall be immediately and fully implemented, as set forth herein, with no future appeal available.
Confidentiality
It shall be the policy of the Association that information concerning the subject matter or the nature of allegations of any charges and the disposition of any charges filed in accordance with the provisions herein shall be considered as confidential and shall not be disclosed to anyone at any time except for:
1. A charging member, while the charge(s) is pending before a Judicial Panel, to communicate on a need-to-know basis with persons needed to present testimony or evidence at the hearing before a Judicial Panel on the charge(s) that the member had filed;
2. A charged member, while the charge(s) against the charged member is pending before a Judicial Panel through any appeal to the Board of Directors, to communicate on a need-to-know basis with persons needed to present testimony or evidence at the hearing before the Judicial Panel in defense of the charge(s);
3. A charged member, while the charge(s) against the charged member is pending before a Judicial Panel through any appeal to the Board of Directors, to communicate on a need-to-know basis with the charged member’s OSEA/ROSE member representing or private attorney appearing in behalf of the charged member pursuant to Sections 6 and 7, herein;
4. The charged member’s local chapter leadership or ROSE leadership following the imposition of discipline restricted to any change in the member’s status that will impact eligibility to hold elected or appointed office or position or voting rights.
5. Any other communication affirmatively protected by law.
  Violations of this confidentiality policy shall be considered a chargeable offense and subject to Article III, Section 7, of the OSEA Constitution.

449 - Action Fund (Revised 2014 Conference-Board Meeting, December 2014)

An OSEA Action Fund shall be established and maintained in a separate interest-bearing account, which may be utilized by affiliated chapters in good standing, or the Association, in the event of a strike or other labor emergency as determined by the Board of Directors.

Except as needed in the event of an authorized strike or labor emergency, the fund balance shall be maintained at $50,000 by a transfer of $0.50 per bargaining unit member per month worked of per capita dues and fair share service fees.
All requests for funds by a chapter must have prior approval of the chapter membership or the chapter executive board. The request shall be sent in writing to the Director of Organizing and/or Director of Field Operations and must indicate:
1. The reason(s) for the request;
2. The amount of funds needed;
3. The activities and/or materials for which the funds will be used; and
4. The date of chapter or executive board approval of the request.
  Requests for funds may also be initiated by the Director of Organizing and/or the Director of Field Operations.
The Director of Organizing and/or the Director of Field Operations shall review and forward all such requests for funds, along with their recommendation, to the Executive Director who shall, after consultation with appropriate staff, make a recommendation to the Board of Directors as to:
1. The merits of the request;
2. The amounts of funds to be allocated; and
3. The planned activities and/or specific materials for which the funds are to be used.
The Executive Director may submit a request for funds on behalf of the Association directly to the Board of Directors in the event of a decertification attempt or any other labor emergency having a generalized effect on the employees of a bargaining unit represented by OSEA if a chapter fails or refuses to submit a request.
Additional funds in excess of the original amount requested may be allocated by the Board of Directors to provide additional support or activities for the chapter and/or Association, if necessary.
The disbursement of any allocated funds shall be at the discretion of the Executive Director or designee and not the chapter.
1. The Executive Director, or designee, shall keep the Board of Directors informed of the amount of funds used and the status of activities in each chapter or the Association acting on its own behalf.
2. Upon the conclusion of any strike or other labor emergency, the Executive Director shall render a final report to the Board of Directors indicating the status of the chapter and/or Association and an accounting of allocated funds. Any allocated funds not used shall remain in the Action Fund account.

450 - Sexual Harassment (Board Meeting, November 2001)

Purpose: To establish the Association’s position on the handling of sexual harassment in the organization, and to set forth guidelines for handling complaints and investigations of violations of the policy.

Sexual Harassment Policy:

Statement of Policy
The law does not permit, nor will OSEA tolerate, sexual harassment of OSEA employees/members by any coworker, supervisor, member, agent, or nonemployee. Such conduct exposes OSEA and individuals involved in such conduct to significant liability under the law. Employees/members should at all times treat other employees/members respectfully and with dignity in a manner so as not to offend the sensibilities of a coworker/member. Therefore, OSEA is committed to vigorously enforcing its policy prohibiting sexual harassment at all levels within the organization.
Prohibited Conduct
Examples of sexual harassment that violates OSEA policy include, but are not limited to, the following conduct:Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment and/or appointment.
2. Submission to or rejection of such conduct by an individual is used as the basis for employment/appointment decisions affecting such individuals, or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Procedure:

Notification and Filing Complaint
Member: Any member who believes they are the victim of sexual harassment or who observes harassment of another member should immediately report the matter to the State President and/or Executive Director.
Staff: Any staff employee who believes they are the victim of sexual harassment or who observes harassment of another employee should report the matter as outlined in OSEA Operating Procedure #1 Sexual Harassment.
OSEA shall conduct an investigation of all sexual harassment complaints and take the appropriate action to remedy the violation.
2. Training
1. Upon request, OSEA will provide sexual harassment training to chapter members and officers as well to make available to all OSEA chapter officers and members a training module on sexual harassment. In addition, members and officers will receive periodic updates on sexual harassment that may be presented during other trainings.

Section 400 – Membership and Dues

Keep In Touch

State Office

Phone Numbers

Quick Links