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Hayward Education Association/CTA/NEA BYLAWS
Hayward Education Association/CTA/NEA
I. NAME AND LOCATION
The name of this Association shall be the Hayward Education Association (HEA)/CTA/NEA in Alameda County, California.
The primary purposes of this Association shall be:
A. To represent the HEA members in their relations with their employer, the Hayward Unified School District (HUSD), and to be the exclusive representative of appropriate units of school employees in all matters relating to employment conditions and employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment;
B. To form a representative body capable of developing group opinion on professional matters to speak with authority for teachers;
C. To provide an opportunity for continuous study and action on problems of the profession;
D. To provide a means of representation for ethnic-minority members;
E. To promote professional attitudes and ethical conduct among members;
F. To encourage cooperation and communication between the profession and the community; and
G. To foster good fellowship among members.
III. AFFILIATION WITH THE UNITED TEACHING PROFESSION (UTP)
A. The HEA shall be a chartered chapter of the California Teachers Association (CTA).
B. The HEA shall be an affiliated local association of the National Education Association (NEA).
A. Active membership shall be open to any person who is engaged in or who is on limited leave of absence from professional education work, is an employee of Hayward Unified School District, and whose primary assignment is such as not to hold supervisory responsibility over other certificated employees to such an extent as not to be represented in the negotiations process by the teacher bargaining unit.
B. Membership may be granted upon initiation of payroll deduction or upon payment of annual United Teaching Profession (UTP) dues appropriate to the class of membership ,as set forth in the Standing Rules.
C. The right to vote and to hold elective office or an appointive position within the Association shall be limited to Active members.
D. Active members shall be eligible to vote in all elections, hold elective office or 1
an appointive position, receive special services, obtain assistance in the protection of professional and civil rights, and receive reports and publications of the Association.
E. An individual who is serving as a negotiator for a public school employer shall not be eligible for membership in the Association.
F. Active members shall adhere to The Code of Ethics of the Education Profession.
G. The rights to and privileges of membership shall not be abridged in any way because of age, sex, race, color, ethnic group, marital status, national origin or sexual orientation.
H. No member of the Association may be disciplined without a due process hearing. This hearing shall include the established appellate procedure.
I. The membership year shall be that period of time from September 1 of any given calendar year through August 31 of the following calendar year, inclusive.
V. DUES, FEES, AND ASSESSMENTS
A. The basic annual dues level for Active members, and representation fee for non-members represented in the bargaining unit, shall be sufficient to cover the operating expenses of the HEA, the dues of CTA, and the dues of NEA.
B. The HEA portion of the basic annual dues, and the representation fee for non- members, shall be established by action of the Faculty Representative Assembly (FRA) at the last regular meeting of the school year.
C. Representation fees shall be apportioned on the same percentage basis as the full United Teaching Profession dues.
D. Membership in a given class or category shall be continuous after initial enrollment until delinquent or until a change in professional status shall make the member ineligible for that class or category. If by October 31 of any calendar year a member has not either paid the established annual membership dues for the current membership year, or made satisfactory arrangements for payment, then that person’s membership shall be considered delinquent and the name dropped from the rolls.
VI. POLICY-MAKING BODY
A. The policy-making body of the Association shall be the Faculty Representative Assembly (FRA) also referred to as the Representative Council.The FRA, comprised of members of the Association, derives its powers from and shall be responsible to the membership.
B. The FRA shall be composed of the following Active members:
1. Executive Board, ex-officio, voting, elected at large on the basis of one- person one-vote;
2. Faculty Representatives elected on the basis of one-person one-vote; 3. Committee Chairpersons, ex-officio non-voting.
C. The FRA Shall:
1. Establish Association policies and objectives;
2. Adopt the annual budget of the HEA on or before the first meeting of the school year;
3. Approve the establishment or discontinuance of committees recommended by the Executive Board; and
4. Establish the dues of the HEA.
D. The FRA shall meet at least once during each school month; the number, place and time of meetings to be decided by the Executive Board.
E. Special meetings of the FRA may be called by the President, the Executive Board, or by the petition of twenty percent (20%) of FRA membership.
F. Special meetings of the FRA shall be called for a specific purpose and no business other than that for which the meeting is called may be transacted.
G. Notices and agendas for all meetings of the FRA shall be sent to all members of the FRA at least two days prior to the date of the meeting.
H. For emergency meetings of the FRA during crisis situations, the Executive Board shall adopt procedures to notify representatives of meeting dates, places, and times.
I. A quorum for all meetings of the FRA shall consist of 20% of all voting members of the FRA.
J. Members of FRA (Faculty representative Assembly) shall serve a term of two year(s). (EXCEPT FOR THE CTA STATE COUNCIL REPRESENTATIVES WHOSE TERMS ARE SET BY CTA.)
VII. FACULTY REPRESENTATIVES
A. Faculty representatives shall be elected by and from the Active membership for each faculty group. Such election shall be by open nominations and by secret ballot. Faculty Representatives may serve a term of up to two years. There shall be no limit to the number of terms. Elections shall be held prior to the first meeting of FRA for the fall term. Twenty percent of the Active members of a faculty at a site may call for a special FRA election at any time.
B. Each faculty shall be entitled to at least one representative and shall have one representative for each fifteen or major fraction of fifteen HEA members on the faculty.
C. Active members who are not represented through an individual school faculty group shall be counted as a special faculty group entitled to the same representation on the FRA as individual school faculty groups.
D. Faculty Representatives shall:
1. Conduct constant and ongoing liaison between the FRA and the Active members of the faculty unit;
2. Serve as the official channel through which written communications and publications can be easily and quickly transmitted between HEA and the Active members;
3. Represent the views and input of the Active membership of the faculty in votes taken in the FRA, conducting frequent and regular polls of such membership for this purpose; and
4. Perform such additional duties as prescribed by the Executive Board.
A. The officers of the Association shall be a President, a Vice- President, a Secretary, and a Treasurer.
B. These officers shall be and remain currently paid-up members of the UTP as a condition for nomination to and service in their respective positions during their terms of office.
C. These officers shall be elected by and from the Active membership of the Association. Such election shall be by open nominations and secret ballot.
D. Officers shall be elected for a term of two years, commencing on July first of any calendar year.
E. A vacancy shall be deemed to exist in the case of death, resignation, or inability to serve in any of the offices of the Association. If there is a vacancy occurring in the office of the President, the Vice-President shall assume the office. The Vice President may call a special election for President. In the event a vacancy occurs in the other offices, a special election shall be held to elect successors to fill the unexpired terms.
F. The President shall be the chief executive officer of the Association and its policy leader. The President shall:
1. Preside at all meetings of the Association, the FRA and Executive Board;
2. Prepare the agenda for the meetings of the Association, the FRA and the Executive Board;
3. Be the official spokesperson for the Association;
4. Be familiar with the governance documents of the Association, CTA, and NEA;
5. Appoint all chairpersons and members of committees, and of the bargaining team, with the approval of the Executive Board;
6. Call meetings of the Association and the Executive Board;
7. Suggest policies, plans and activities for the Association and be held responsible for the progress and work of the Association;
8. Attend meetings of the Service Center Council of which the Association is a part; and
9. Attend other CTA/NEA meetings as directed by the Representative Council.
G. The Vice-President shall:
1. Serve as assistant to the President in all duties of the President;
2. Assume the duties of the President in the absence of the President;
3. Be responsible for the formation and distribution of the Association’s calendar of activities; and
4. Serve as coordinator of committee activities at the direction of the President.
H. The Secretary shall:
1. Keep a careful and accurate record of the proceedings of each meeting, regular or special, of the Association, Representative Council, and the Executive Board;
2. Be responsible for the distribution of minutes, notice of meetings, and agendas for all meetings to members of the Representative Council and Executive Board; and to the membership when appropriate;
3. Keep an accurate roster of the membership of the Association and of all committees; and
4. Carry on the correspondence pertaining to the affairs of the Association as directed by the President; and
I. The Treasurer shall:
1. Receive all funds belonging to the Association and be responsible for their safekeeping and accounting;
2. Pay out such funds upon orders of the President;
3. Prepare a written financial report for each regular meeting of the Representative Council and Executive Board;
4. Be responsible for an annual audit of the books of the Association and distributing a summary of this audit to the membership; and
5. Submit membership and financial reports to CTA, NEA, and other agencies as required by law.
IX. EXECUTIVE BOARD
A. The Executive Board shall be composed of the officers and three elementary members, three secondary (grades 7-12), all State Council Representatives, and one at-large member, elected at large from the Active membership.
B. All members of the Executive Board shall be and remain members of the UTP as a condition for nomination to and service in this position.
C. The members of the Executive Board shall be elected with open nominations and by secret ballot. Members of the Executive Board shall be elected for a term of two years, commencing on July first of any year. Executive Board members elected to fill a vacancy for an unfulfilled term shall serve for the remainder of the term of the former Executive Board member.
D. There shall be at least one (1) director who is from a racial and ethnic minority. In the event there is no such director elected, then FRA shall hold a special election at its next regular meeting to select an at-large Racial and Ethnic Minority Director from among the entire Active membership in an open nomination and secret ballot process. This Director will serve for that year and may be reelected to insure ethnic minority representation.
E. As prescribed by CTA, the State Council Reps. of the Executive Board shall be elected for a term of three years, commencing on July first of any calendar year. Or, they may be elected to fulfill an unfulfilled term of less than three years.
F. Vacancies in the position of members of the Executive Board shall be deemed to exist in the case of death, resignation, or inability to serve in this position. If there is a vacancy occurring in this position, a special election to fill the vacancy shall be held within thirty days.
G. The Executive Board shall meet before each regular meeting of the Representative Council and at such other times as the President may deem necessary, or upon written petition of a majority of the members of the Executive Board.
H. The duties of the Executive Board shall be to:
1. Coordinate the activities of the Association;
2. Act for the FRA when school is not in session;
3. Direct the bargaining activities and grievance processing of the Association, subject to policies set by the Representative Council;
4. Appoint and remove bargaining team members;
5. Recommend a budget for the Association to the FRA;
6. Approve Committee appointments;
7. Adopt the Standing Rules for the Association; and
8. Exercise all the business and organizational powers and duties for the Association as prescribed by law and these bylaws, subject to any restrictions that may be imposed by the Representative Council.
I. A quorum for all meetings of the Executive Board shall consist of six members of the Executive Board.
X. BARGAINING TEAM
A. The bargaining team and such alternates as the Executive Board deems necessary shall be nominated by the President, approved by the Executive Board, and ratified by FRA.
B. The President, with the approval of the Executive Board members, shall select the Bargaining Team Chairperson.
C. The Executive Board shall adopt Standing Rules setting forth its selection procedures for bargaining team members, including terms of office and criteria for appointment.
D. Vacancies created by resignation or inability to serve shall be filled by the Executive Board from the list of alternates.
E. The Executive Board, by two-thirds (2/3) majority, may remove a member of the bargaining team and appoint a replacement from the list of alternates.
F. The duties of the bargaining team are to represent and to bargain for the bargaining unit(s).
G. Responsibility and authority for directing the bargaining process on behalf of the Association are vested in the Executive Board subject to policies established by the membership.
H. Employees in each appropriate bargaining unit shall be surveyed to determine contents of the proposed contract demands, and the contract proposal for each appropriate unit shall be approved by Association members in that unit.
I. The bargaining team shall report its activities to the Executive Board in such form and with such frequency as the Executive Board may require.
J. The Executive Board shall provide for the dissemination of information regarding bargaining and the activities of the bargaining team to the general membership.
K. Agreements reached between the bargaining team and the school board or its representatives shall be considered tentative and not binding upon the Association until such agreements have been ratified by the membership unless such ratification shall have been specifically waived or otherwise delegated by that membership.
XI. GRIEVANCE PROCESSING
A. The Executive Board shall adopt, with the approval of the FRA, the procedures for grievance processing.
B. These procedures shall include, but not be limited to, the following:
1. Provide for representation to assist all members of the bargaining unit in processing grievances;
2. Training for handling grievances; and
3. Evaluation of the Association’s grievance policies and procedures.
XII. NOMINATIONS AND ELECTIONS
1. There shall be an Elections Committee.
2. Elections shall be conducted with:
A. Open nomination procedure
B. Secret ballot
C. All member votes
D. Record of voters receiving or casting ballots
E. Majority vote, unless otherwise specified.
3. State Council Representative elections shall be conducted according to CTA guidelines after the CTA Elections Committee has notified the HEA.
4. NEA State Delegate elections shall be conducted according to CTA guidelines.
5. NEA Local Delegate elections shall be conducted according to NEA/CTA guidelines.
6. The duties of the Elections Committee shall be to:
A. Ensure that all chapter/CTA/NEA election codes and timelines are followed
B. Establish election timelines
C. Develop and carry out timelines and procedures
D. Prepare ballots for all elections.
E. Count the ballots and certify the results
F. Handle initial challenges.
A. Committees, except as otherwise provided in these bylaws, may be established and discontinued by the Executive Board, subject to approval by the FRA.
B. Each committee shall submit periodic reports to the Executive Board and FRA.
XIV. MEETINGS OF THE GENERAL MEMBERSHIP
A. Meetings of the Association may be called by the President, the Executive Board, or by written petition of twenty percent (20%) of the membership.
B. Notices of the Association meetings including date, place, time, and purpose of the meeting shall be made available to all members of the Association at least two days before the meeting except during crisis situations.
C. For emergency meetings during crisis situations, the Executive Board shall adopt procedures to notify the Association membership of meeting dates, places and times.
D. A quorum for meetings of the Association shall be twenty percent of the active HEA members.
Robert’s Rules of Order, Newly Revised, latest edition, shall be followed at all meetings of the Association, the Representative Council, and the Executive Board.
These Bylaws may be amended by a two-thirds (2/3) vote of the representatives at any regular or special meeting of the FRA. Notice in writing of a proposed Bylaws amendment shall have been submitted to the Secretary and provided to members of the Representative Council at the meeting preceding the one at which it is to be voted upon.