Constitution & By-Laws

These are the founding documents of our union. They outline the fundamental principles which govern its operation and define procedures for making decisions, choosing leaders and handling our finances.

Constitution

I. NAME

This organization shall be known as The Union @ Cooper Union [hereinafter, the “UCU”].

II. PURPOSES

The purpose of the UCU shall be:

1. To secure the conditions necessary to provide the greatest rewards for its members in their work environment;

2. To promote the participation of its members in the operational decisions affecting their employment;

3. To promote the welfare and well-being of its members;

4. To promote the unity and strength of its members;

5. To promote mutual assistance and cooperation with the New York State United Teachers (NYSUT) and other organizations with which it is associated;

6. To expose and fight all forms of racism and discrimination; and

7. To promote social and economic justice and the principles of the American labor movement.

III. AFFILIATIONS

This organization shall be affiliated with NYSUT and its national affiliates and such other organizations as the UCU Leadership may approve.

IV. MEMBERSHIP

1. There shall be the following membership categories: Active and Retiree.
a. Active membership in this organization shall be open to any person who is a member of the bargaining unit represented by this organization.
b. Retiree membership in this organization shall be open to members of the bargaining unit represented by this organization who have retired.
c. Membership shall be acquired and maintained through the payment of all required dues, except in the case of retirees, who shall not be required to pay dues.
d. Retirees are not entitled to vote on UCU matters.

2. All members of this organization shall have the obligation to:
a. Subscribe to and support the stated purpose of this organization as contained in its Constitution and By-Laws; and
b. Refrain from actions or conduct detrimental to the organization.

V. OFFICERS

1. The officers of this organization shall be Secretary, Treasurer, Discipline Officer, Grievance Officer, Outreach Officer, Benefits Officer, Negotiation Officer, and Staff Representative to the Board of Trustees. These aforementioned officers shall be known collectively as the “UCU Executive Committee.”

2. Duties of the Officers:

Treasurer
● Manages internal union finances
● Prepares and submits external reporting (LM3, taxes)
● Manages active member list
● Communicates with any and all auditors, bookkeeper, and NYSUT

Secretary
● Manages communication with membership – drafts and sends regular updates to membership with input from the Executive Committee
● Schedules all UCU meetings: executive committee, management, general membership
● Takes notes (and archives) at management and membership meetings

Staff Representative to the Board of Trustees
● Attend Board of Trustee Meetings, specifically, but not limited to Free Education Committee and report back to the Executive board any relevant concerns (without violating the confidentiality agreement)
● Liaison to the BOT with any concerns, meeting requests, etc.
● Sets up meetings between BOT and UCU membership

Discipline Officer
● Primary point of contact for all disciplinary matters involving members
● Primary point of contact between HR dept. and Exec. Committee
● Attends disciplinary meetings along with appropriate Area Rep whenever possible
● Organizes and manages Discipline Committee
● Coordinates closely with Grievance Officer to solve member problems
● Guides the work of Area Reps (w/Outreach Officer)
● Assist with job descriptions, promotions, salary increases; coordinate with Benefits Officer when necessary

Grievance Officer
● Primary point of contact for all grievances
● Researches contract violations and writes grievances
● Consults with LRS on contractual issues
● Organizes and manages Grievance Committee
● Maintains grievance calendar (w/ Secretary)

Outreach Officer
● Manages intra-union organizing efforts
● Connect interested members to necessary work on an ad hoc basis
● Creates and maintains list of UCU members willing to volunteer
● Organizes member training and recreational events
● Coordinates formation of election committees and oversees election preparation
● Guides the work of Area Reps (w/ Discipline Officer)

Benefits Officer
● Primary point of contact for all benefits issues involving members
● Maintain and track information about problems and concerns that arise with benefits
● Ensure that HR is adhering to bargaining agreement with regard to all benefits (health, vacation, FMLA, maternity/paternity leave, Beneflex, Life Insurance, TIAA-CREF)

Negotiation Officer
● Builds negotiating platform
● Plans long-term strategic response to ongoing issues
● Creates surveys to gauge member concerns, experiences, and interests and maintains results
● Coordinates closely with UCU Executive Committee

3. Role of the UCU Executive Committee:

a. Administer all affairs and execute all policies of the UCU;
b. Approve an annual budget;
c. Act upon expenditures as may be required;
d. Interpret the By-Laws;
e. Act on policy matters for the UCU between the meetings of the general membership;
f. Make policy recommendations to the membership for their consideration;
g. Approve committee appointments;
h. Act as an appellate body for appeals from decisions of the Grievance Committee;
i. Regularly attend all meetings of the UCU Executive Committee, the UCU Leadership, and the general membership;
j. Represent the organization with all external groups with the approval of a majority vote of the UCU Leadership;
k. Create and establish the function of all committees with the approval of a majority of the UCU Leadership;
l. Supervise and coordinate the activities of the Area Representatives and temporary and permanent committees;
m. Call regular and special meetings of the UCU Executive Committee, UCU Leadership Committee, and general membership;
n. Fulfill such other duties as required by the Constitution.

VI. AREA REPRESENTATIVES & DEPUTY STEWARDS

1. Area Representatives shall be elected by vote of the active members of the UCU within areas as specified in the By-Laws of the UCU.

2. The procedure for nominating candidates for Area Representatives and for their election shall be the same as elections in terms as the general officers and shall comply with the requirements of the Landrum-Griffin Act. Separate ballots will be provided for each area.

3. The Area Representative shall be the Chief Steward for her/his Area and shall serve as a member of the Grievance Committee on all grievances originating from her/his Area.

4. In the event an Area has more than 25 active members, one Deputy Steward for every additional 25 active members or portion thereof in the Area shall be elected by vote of the active members of the organization in the Area.

5. Area Representatives shall: assist members of the bargaining unit in her/his Area with applications for membership and grievances; provide members of the bargaining unit in her/his Area with a copy of the Collective Bargaining Agreement; inform the active members in her/his Area of the proceedings of the UCU Leadership; promptly inform the Grievance Officer of all issues brought to her/his attention as potential grievances; and serve as the communications link between the active members in her/his Area and the UCU Executive Committee.

6. Deputy Stewards shall assist the Area Representative in the performance of her/his duties.

VII. LEADERSHIP & GOVERNANCE

The UCU Leadership is the governing body of this organization. It is comprised of the UCU Executive Committee, the Area Representatives, and the Deputy Stewards [hereinafter, the “UCU Leadership”].

The governance of the UCU is based on a collaborative and non-hierarchical model. As such, there is no fixed hierarchy of roles or authority. Through the collective work of the UCU Leadership, the UCU seeks to share and multiply its efforts to build an organization that is responsive to the needs of the entire membership. All members of the UCU Leadership shall have a voice in governing the UCU. Listening and respect for others are core values of the organization.

1. Decision-making process
All matters of UCU policy, operational decisions, or actions requiring the allocation of funds shall be decided by a majority vote by two-thirds of currently elected UCU Leadership. A quorum shall be required for any vote and is defined as the presence of two-thirds of the currently elected UCU Leadership [hereinafter, a “Quorum”]. In the event of a tie vote, the matter shall be re-opened for discussion, possible compromise, and re-vote. If there still remains a tie after the re-vote, the matter shall be tabled for future consideration. However, in the event that time is of the essence, the UCU Labor Relations Specialist shall be called upon to vote to break the tie.

2. Email Voting
Every effort should be made for the UCU Leadership to vote in person. Voting by email shall be permitted only in cases where a meeting of the UCU Leadership cannot be convened and time is of the essence. A Quorum is required for email voting and the matter shall be decided by a majority vote of that Quorum. The Secretary shall administer any email vote and there shall be 48-hour period for open discussion. All votes must be cast 24 hours after the 48-hour discussion period.

The procedure for all voting, unless otherwise indicated, shall follow Roberts’ Rules of Order, Newly Revised.

VIII. NOMINATIONS
1. The UCU Executive Committee shall appoint an ad hoc Elections Committee to conduct and monitor each election held by the organization.

2. Notice of the offices to be filled, the right to make nominations, and the time, place, and proper form for submission of nominations will be published in the organization’s newsletter and/or announced in an email from the Elections Committee and be prominently posted in each work site.

3. Nomination procedures shall be determined by the UCU Executive Committee and shall be in compliance with the requirements of the Landrum-Griffin Act.

4. Each active member in good standing shall be given reasonable opportunity to nominate candidates for office and to run for office; any active member in good standing is eligible for nomination for office.

5. No member nominated or running for office may serve on the ad hoc elections committee.

IX. ELECTIONS
1. Elections for all UCU elected officer positions, including Area Representatives and Deputy Stewards, shall be conducted in accordance with the standards for such elections developed under Title IV of the Labor-Management Reporting and Disclosure Act (LMRDA).

2. Written notice announcing the time and place of elections shall be mailed to each active member in good standing to the member’s last known home address at least fifteen (15) days prior to the election.

3. To conduct fair elections where all members are given reasonable opportunity to vote, the union shall provide absentee voting that is in compliance with The Landrum-Griffin Act.

4. Regular elections shall be held no later than April 30th on a date and time established by the ad hoc election committee.

5. Election shall be by secret ballot.

6. The results of the election shall be published in the organization’s newsletter and/or announced in an email from the Elections Committee and posted prominently in each work site.

7. The Secretary shall preserve all election records, including ballots, for a period of three (3) years.

8. Terms of Office. Duly elected officers shall serve a two (2) year term commencing May 1. Each officer shall remain in office until her/his successor assumes the office.

X. VACANCIES
1. If any officer position becomes vacant, it shall be filled by election by the UCU Leadership until the next election is held by the general membership.
2. If any Area Representative position becomes vacant, it shall be filled by election by the UCU Leadership until the next election is held by the general membership.

XI. RECALL
1. In recall elections for Area Representatives and/or Deputy Stewards, only members of the area involved may vote.

2. A recall election may be initiated in the same manner as provided for Amendments to the Constitution (Article XIV).

3. Notice of the date, time and place of the recall election shall be sent to all active members and posted at each job site at least ten (10) days prior to the election. The vote shall be by secret ballot.

4. In the event two-thirds of the ballots cast are in favor of recall, the office shall be declared vacant and a special election will be held.

XII. STANDING COMMITTEES
1. Members of standing and ad hoc committees shall be appointed by the UCU Executive Committee by a majority vote.

2. The duties of the standing committees and of ad hoc committees shall be determined by the UCU Executive Committee with the approval of a majority of the UCU Leadership.

2. No member may be fined, suspended, expelled, or otherwise disciplined (except for nonpayment of dues) by this organization unless such member has been served with written specific charges and given a reasonable time to prepare a defense and afforded a full and fair hearing.

3. Except as provided for in Article XI above, no officer of the organization may be removed from office unless such officer has been served with written specific charges and given a reasonable time to prepare a defense and afforded a full and fair hearing. The process for removal for cause shall be as set forth in the By-Laws.

4. This organization shall show no discrimination toward any individual or group of individuals on the basis of sex, sexual orientation, creed, color, race, national origin, sexual orientation, gender identity or political activities and beliefs.

XIII. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENTS
Approval or disapproval of any Collective Bargaining Agreement with the employer shall be determined by a majority vote of the active members in good standing of this organization present and voting at a membership meeting called specifically for that purpose.

XIV. AMENDMENTS
1. An amendment to this constitution may be proposed by
a. a majority of the UCU Leadership; or
b. a petition from no fewer than twenty (20) percent of the active members.

2. A proposed amendment must be posted in a conspicuous place in each work site and/or distributed in writing to each member at least five (5) days before the vote on its adoption.

3. An amendment may be adopted by a two-thirds (2/3) vote of active members in good standing at a general membership meeting.

XV. PARLIAMENTARY AUTHORITY
Meetings of all duly constituted bodies of this organization shall be governed by Roberts’ Rules of Order, Newly Revised, except as otherwise provided in this Constitution.

XVI. AUTHORIZING A STRIKE
1. A vote to strike may be called for by a two-thirds vote of the UCU Leadership.
2. To call a strike, a majority of the members present at a special membership meeting must vote for it.

XVII. DELEGATES TO NYSUT AND OTHER AFFILIATES
Delegates to the NYSUT Representative Assembly, the American Federation of Teachers and other affiliates shall be elected by secret ballot in a manner consistent with the Constitution and By-laws of the appropriate state and national organizations and with the Landrum-Griffin Act.

XVIII. PROTECTION OF RIGHTS OF MEMBERS
1. Every active member in good standing of this organization shall have equal rights and privileges to nominate candidates to hold office, to vote in elections or referendum, to attend membership meetings, and to participate in deliberations and voting upon the business of the organization in accordance with the By-Laws of the UCU.

XIX. WORK MISSED REIMBURSEMENTS
When members of the UCU Leadership miss work to attend union training or grievance arbitration, UCU will reimburse them for any Cooper Union wages lost as a result.
Reimbursements must be approved by a majority of the UCU Leadership.

Adopted: December 7, 2016