Constitution Article 9

UPTE-CWA 9119 Constitution

Article IX: Bargaining Conference

Section 1. There shall be established within UPTE CWA 9119 a bargaining conference composed of two types of committees: one such committee shall be established for each bargaining unit for which UPTE CWA 9119 and its affiliated campus local unions are the certified bargaining representatives and a second type of committee to be established for each non-certified bargaining unit(s) or group(s). Whenever possible these conferences shall meet together.

Section 2. The first meeting of the bargaining conference shall be held no later than thirty (30) days prior to the date the committees must submit proposals to the employer.

Section 3. The Bargaining Conference shall be chaired by the President of UPTE CWA 9119 who shall appoint a secretary. Minutes will be taken and distributed to campus local presidents and delegates to the Conference. The President and the UPTE CWA 9119 Executive Board shall be responsible for drafting the Bargaining Conference agenda.

Section 4. Campus Local Bargaining Conference delegates shall be elected by campus local unions based on the following formula:

a. All bargaining conference delegates shall be members in good standing of their campus local union. For certified bargaining unit committees there shall be:

For 25 members of fewer 1 delegate
More than 25 but not exceeding 50 members 2 delegates
More than 50 but not exceeding 75 members 3 delegates
More than 75 but not exceeding 100 members 4 delegates
More than 100 but not exceeding 125 members 5 delegates
More than 125 members one additional delegate for each 100 members or fraction thereof

b. For non-certified bargaining units or groups, two (2) delegates shall be elected per campus until such time as that unit is certified for bargaining. These delegates shall be non-voting in all issues pertaining to the bargaining issues and process of the certified bargaining unit(s).

c. Bargaining units encopassed entirely by a single local will elect one voting delegate for every ten bargining unit members, up to a maximum of fifteen voting delegates to the Conference. The delegates will be elected by UPTE members in good standing with the bargaining unit.

Section 5. Regardless of the number of delegates, campus locals shall be entitled to vote on the basis of one vote for each member of the bargaining unit or fraction thereof. Campus locals entitled to more than one delegate may send fewer than their allotment of delegates, and the delegates present may cast the entire vote of the local. The number of votes shall be divided equally among the delegates with any remaining votes to be cast by the chairperson of the delegation, as designed by the campus local. No fractional votes shall be permitted.

Section 6. The Bargaining Conference shall convene with all unit committees present to determine the priorities for bargaining. Bargaining committees shall be elected by the unit committee delegates at the bargaining conference.

Section 7. The Chief Negotiator shall be appointed by the system wide Executive Board and subject to confirmation by the bargaining committee.

Section 8. Bargaining committees shall generate, receive, and act on matters concerning the bargaining process and other matters of direct concern to the particular group of members represented in accordance with the priorities established by the delegates at the bargaining conference and parameters set by the system wide Executive Board.

Section 9. The bargaining committee shall report to the system wide Executive Board at all regularly scheduled meetings and any other special meetings with bargaining issues on the agenda. The bargaining committee report shall include possible substantive changes in the contract. The system wide Executive Board may set parameters on issues that impact the union as a whole. A tentative agreement shall not include substantive changes that have not been previously presented to the system wide Executive Board or its designees. The system wide Executive Board or its designees shall be required to sign off on a tentative agreement prior to it being accepted as a final agreement with the employer. This signature is only for the purpose of confirming that all substantive changes have been previously presented to the system wide Executive Board.

Section 10. The systemwide Executive Board shall ensure that adequate contract mobilization resources are allocated and shall set up all necessary means of communications between mobilizers, bargainers, and union officers.

Section 11. Bargaining committee conduct, discipline, and removal:

  1. The bargaining committee members shall conduct themselves as representatives of UPTE, and as such follow rules set out by the bargaining chairperson as per the Systemwide Executive Board. Misconduct shall be reported to the bargaining chairperson as soon as possible. The bargaining chairperson shall report misconduct to the Systemwide Executive Board as well as the bargaining committee members’ respective local chapter president.
  2. Misconduct may rise to the level of temporary suspension or immediate removal from the committee. A two-thirds majority vote from members of the bargaining committee and a simple majority of the Systemwide Executive Board is required for suspension or removal.
  3. If the bargaining chairperson does not want to call the matter to a vote, any member of the bargaining committee may raise the objection. The decision to bring the matter to a vote then defers to the Systemwide Executive Board, who by simple majority may press a vote by the bargaining committee. The vote to discipline the bargaining committee member then passes back to the bargaining committee for a two-thirds majority vote. If passed, the matter will return to the Systemwide Executive Board, who by simple majority vote, may discipline, temporarily suspend, or immediately dismiss the member.
  4. If the misconduct charge does raise to the level of immediate removal, the member charged will be immediately suspended pending the final vote from the Systemwide Executive Board. The final decision decision from the Systemwide Executive Board must be conducted within 45 days from the time of the charge.
  5. A misconduct charge shall follow the criteria set out as follows:
    1. Does this harm UPTE-CWA 9119’s ability to negotiate a contract beneficial to its members?
    2. Is this a specific, measurable, definable, relevant, and timely harm?
    3. Is the charge corroborated or provable?
    4. Is there no other more appropriate means of discipline?
  6. Upon removal of any member from the bargaining committee, that member’s chapter shall hold a special local bargaining conference within 30 days of the final decision.

Section 12. As soon as possible after the achievement of a tentative agreement on a final employer offer, a vote shall be conducted among the members covered by such bargaining. The membership will be informed of the bargaining committee’s recommendation of either acceptance or rejection. Written and electronic copies of the results of the bargaining process shall be made accessible to the membership covered by such bargaining before any ratification vote. UPTE-CWA local 9119 shall not put forward for ratification by members any tentatively negotiated agreement that is not a final offer from the employer.

Section 12. Ratification requires a simple majority of those voting in each bargaining unit. UPTE-CWA Local 9119 shall not put forward for ratification by members any tentatively negotiated agreement that is not a final offer from the employer. In the case that the ratification vote covers more than one (1) unit, the votes shall be tallied across all units together resulting in either ratification or rejection for all units.

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