2019 Constitution Bylaws

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 2019
 
 
LEA Professional Association   Local 03954, AFT MA, AFL-CIO
union03954@gmail.com
 
Mailing Address:
 
LEA Professional Association   
Local 03954, AFT MA, AFL-CIO
c/o Shore Educational Collaborative
100 Revere Beach Parkway
Chelsea MA 02150
Attn:  LEA Professional Association Union Secretary
 
Constitution
Bylaws
Lea Professional Constitution  
ARTICLE I Name
The name of this Association shall be the Lea Professional Association, Local 03954
ARTICLE II Purposes
Section 1 
To work for the benefit of all students, the advancement of education, and the improvement of instructional opportunities for all.
Section 2
To develop and promote the adoption of such ethical practices, personnel policies and standards of preparation and participation as mark a profession.
Section 3 
To enable all members to speak with a common voice on matters pertaining to their profession and to present their individual and common interests before the administration and other legal authorities. To secure and maintain the benefits, salaries, professional status, retirement, tenure, professional and sick leaves. 
Section 4
To raise the standards of the teaching profession by securing conditions essential to the best professional service and development
 
 BYLAWS  OF 
LEA PROFESSIONAL ASSOCIATION LOCAL 03954 
 
ARTICLE A – Name
The legal name shall be known as LEA Professional Association Local 03954
(Local Education Agency)
ARTICLE B - Purpose
The general purposes for which thisOrganization has been established are as follows:
The collections of Union Dues, the remittance of required Union Dues to the State or National Organization and to carry out normal Union activities.
 
 
ARTICLE C – Offices
The principal office of the Organization shall be located at 100 Revere Beach Parkway, Chelsea, Massachusetts 02150.
The Organization may have other such offices as the Executive Board may determine or deem necessary, or as the affairs of the Corporation/Organization may find a need for from time to time.
 
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ARTICLE I    Meetings
 Section 1          Executive Board
The  Executive Board shall meet on the second Tuesday of each school month at 3:00 p.m, at the call of the Presidents, or at the request of three members of the Board. Members should be prepared to be in attendance from 3:00 p.m. to 4:00 p.m. If any member of the Professional Executive Board is unable to attend, an attempt to reschedule must be made one week prior to meeting.
 
Section 2        Special Meetings
Special meetings of the  Executive Board may be held at the call of the Presidents. Special meetings of the general membership or professional membership may be called by the written request of the Presidents or 5 (five) members. Business to come before special meetings must be stated in the call, which shall be sent in writing to each member via email or mailbox.
 
 Section 3          Membership Meetings
The Executive Board shall arrange at least 1 (one) meeting of the professional members each year for discussion of professional issues. Special meetings of the general membership or professional membership may be called by the written request of the Professional President or 5 (five) members. Members are welcome to attend the Executive Board meetings on the second Tuesday of each school month at 3:00 p.m. to voice any new concerns or questions.
 
 
 
 
Section 3b          Paraprofessional Membership Meetings
The Paraprofessional Executive Board shall arrange at least 1 (one) meeting of the paraprofessional members each year for discussion of paraprofessional issues.
ARTICLE II    Quorum 
At each meeting of the Executive Board, the presence of 3 persons shall constitute a quorum for the transaction of business. If at any time the  Executive Board consists of an even number of members and a vote results in a tie, then the vote of the Professional President shall be the deciding vote. The act of the majority of the Executive Board members serving on the Board or Board Committees and present at a meeting in which there is a quorum shall be the act of the Executive Board or Board Committees, unless otherwise provided by the Articles of Incorporation, these Bylaws, or a law specifically requiring otherwise. If a quorum is not present at a meeting, the Executive Board members present may adjourn the meeting from time to time without further notice until a quorum shall be present. However, a  Executive Board member shall be considered present at any meeting of the Board or Board Committees if during the meeting he or she is present via telephone or web conferencing with the other Board members participating in the meeting. Voting Each Board member shall only have one vote.
ARTICLE III    Professional Association -Powers of Officers
 Section 1        Professional President
The President shall preside over meetings of the Professional Executive Board, appoint the Chairperson and members of Standing Committees, appoint Special Committees, be an ex-officio member of all Standing Committees, and shall be the Executive Officer of the Professional Association. The President shall represent the Professional Association before the public either personally or through delegates, and shall perform all other functions usually attributed this office. He/she shall prepare an agenda for all meetings over which he/she presides and distributes said agendas to all members involved three days in advance of next meeting whenever possible. The Professional President is responsible for all grievance or employment issues involving professionals
 
Section 2        Professional Vice-President
The Vice-President shall attend all Professional Executive Board meetings. The Vice-President shall perform the functions usually attributed to this office. The Vice-President shall be a member of the Committee on Negotiations and will become President when that office becomes vacant between elections.  The Vice-President attends all official meetings of the Professional Association and presides at all official meetings in the absence of the president. The Professional Vice President is responsible for all grievance or employment issues involving Professionals.
 
Section 3        Treasurer
 The Treasurer shall attend all Professional Executive Board meetings. The Treasurer will collect annual dues from the administration and deposit and disburse them upon authorization of the President.The Treasurer shall hold the funds of the Professional Association and transmit amounts due to the American Federation of  Teachers and shall co-sign all checks with the President. The treasurer will maintain a roll of members; keep accurate account of receipts and disbursements; prepare monthly and annual fiscal year financial statement to compare yearly balances and carry overs with specific line items to account for expenses and dues for publication to members and an annual budget for the Executive Board. The Treasurer must have account balances prepared monthly for meetings of the Professional Executive Board.  The Treasurer must possess the skills needed to access the ATF website for accurate accounting.  The Treasurer must have basic typing skills and the knowledge base to utilize Google email, Google documents, Google drive and Microsoft word.  Any expenditures outside of the monthly dues must be presented to the membership via email for approval by vote prior to the expense.
The Treasurer shall give all of its books, papers, vouchers, money and other property of every kind in the Treasurer's possession or under the Treasurer's control upon the Treasurer's death, resignation, retirement, or removal from office. 
 
Section 4        Secretary/Clerk
The Secretary shall attend all Executive Board meetings and keep accurate minutes. He/she shall maintain official files, including maintaining hard copies of union minutes in a notebook format as well as electronic copies,  keep attendance and shall assist the President with Association correspondence. The Secretary will keep a full record of all business transacted by the association at which the president is presiding. Said minutes shall be circulated to all members of the group involved within ten (10) work days. The Secretary will obtain a complete list of current members and update on a monthly basis via the AFT website. The Secretary will communicate with all staff members via mailbox or email by providing monthly typewritten minutes of each staff meeting as well as all other union meetings. The secretary will contact the American Federation of Teachers on the first Monday of April for membership packets for new members and updated benefits information for current members. The Secretary will procure and provide to each member an updated American Federation of Teacher Union Membership Card. The Secretary must be the point person accessing the AFT website to add and remove members monthly to keep accurate records for accounting.  The Secretary must have basic typing skills and the knowledge base to utilize Google email, Google documents, Google drive, and Microsoft Word.
 
 
 
 
 
 
 
 
ARTICLE IV      Paraprofessionals    Powers of Officers
 Section 1          Paraprofessional President
The President shall preside over meetings of the Paraprofessional Executive Board, appoint the Chairperson and members of Standing Committees, appoint Special Committees, be an ex-officio member of all Standing Committees, and shall be the Executive Officer of the Paraprofessional Association. The President shall represent the Paraprofessional Association before the public either personally or through delegates, and shall perform all other functions usually attributed this office. He/she shall prepare an agenda for all meetings over which he/she presides/attends and distributes said agendas to all members involved three days in advance of next meeting whenever possible. The Paraprofessional President is responsible for all grievance or employment issues involving paraprofessionals.
 
 Section 2        Paraprofessional Vice-President
The Vice-President shall attend all Paraprofessional Executive Board meetings. The Vice-President shall perform the functions usually attributed to this office. The Vice-President shall be a member of the Committee on Negotiations and will become President when that office becomes vacant between elections.  The Vice-President attends all official meetings of the Professional Association and presides at all official meetings in the absence of the president. The Paraprofessional Vice President is responsible for all grievance or employment issues involving paraprofessionals.
 
 
 
 
 
 
 
 
Section 3                            Meeting Formats  
 
Listed below is the typewritten report format the Secretary will use for all meetings.
  
Call to Order
 
Record Attendance
 
Union Member – Open Forum
 
Minutes of the last meeting of:
      (a) Executive Board
      (b) Membership
 
Professional President Report
ParaProfessional President Report
Professional Vice President Report
Paraprofessional Vice President  Report
Treasurer’s Report
Secretary’s Report
Committee Reports
Unfinished Business
New Business
Adjourn
 
All reports of individuals or committees must be typed and printed and after acceptance be filed as a Union record within 10 days of the meeting
 
 
 
ARTICLE V Professional and Paraprofessional Terms and Succession
 
The Officers shall serve for 2 (two) years and may be re-elected without an intervening term. 
Terms conclude August 30th.
The Presidents of the Professional + Paraprofessional Unit will receive a refund of dues paid plus 2.5 times full dues.
The Vice Presidents, Secretary, and Treasurer (Professional or  Paraprofessional Unit) will receive a refund of dues paid plus 2.0 times full dues.
 Whenever the offices of both the President and Vice-President shall become vacant between elections, the remaining members of the Professional and Paraprofessional Executive Board shall choose one of their members to serve as President Pro Tempore until a special election can fill the vacancies.
 Whenever a Professional or Paraprofessional Executive Board position of the Association becomes vacant due to death, resignation, change of representation due to change in unit position, or removal by the Executive Board for gross negligence; it shall be acted upon as follows: 
A notification will be sent via email to inform all union members of open positions on the executive board
Within five business days members interested in the open position will apply to the executive board via email.
Upon appointment by the executive board that position shall be a term of two years.
 
 
 
Board Member Attendance.
 An elected Board Member who is absent from 2 regular meetings of the Board during a fiscal year shall be encouraged to reevaluate with the President's commitment to the Corporation/Organization. The Board may deem a Board member who has missed 2 meetings without such a reevaluation with the President to have resigned from the Union Executive Board.
 
ARTICLE  VI  Standing
Union Officers shall have been members of the Lea Professional and Paraprofessional Association for at least 1 (one) year prior to their election and shall maintain their membership in good standing during their term of service.
Powers of the Professional and Paraprofessional Executive Board
 Section 1         
The Professional Executive Board shall be responsible for the management of the Association, approve all expenditures, and report its transactions to the members.
Section 2         
The Professional and Paraprofessional Executive Board shall approve their Presidential appointments to the Committee on Negotiations.
 Section 3         
Whenever an Officer has been negligent of the duties defined in the By-Laws, including absence at two or more meetings of the Professional and Paraprofessional Executive Board monthly meetings, said Officer will be relieved of duties, and an election will be held to replace the Officer.  Negligent Officers will not receive a dues reimbursement.
 
 
 
Section 4         
Whenever a majority of the Professional and Paraprofessional Executive Board shall agree that an Officer is incapacitated or resigns, they shall recommend to the membership that the office be filled on a temporary basis. If the membership so votes by a 2/3rds (two-thirds) majority of votes cast, it shall immediately elect a replacement for the length of the time of absence.   
 Section 5
Negligence is defined as (2) non-attendances at monthly Professional Union meetings that are scheduled on the first Tuesday of each month between September and June for the full duration of the meeting .
Section 6
The  Executive Board shall approve the budget and set the dues for all Association members.
ARTICLE VII        Professional and Paraprofessional Special Committees
Section 1          Professional
Each year the Professional President shall appoint an Election Committee, Negotiation Committee and such other Special Committees as may be necessary and shall discharge them upon completion of their duties. No Officer of the Association shall serve on the Election Committee. 
Section 1B Paraprofessional
Each year the Paraprofessional President shall appoint an Election Committee, Negotiation Committee and such other Special Committees as may be necessary and shall discharge them upon completion of their duties. No Officer of the Paraprofessional Association shall serve on the Election Committee.
 
 
Section 2      Professional
The Committee on Professional Negotiations shall explore and prepare action programs as necessary in all areas of professional welfare; with particular responsibility for salaries, leave, fringe benefits, insurance, and general working conditions. It shall negotiate personnel policies with the governing and appropriating bodies of the collaborative.  It may make decisions binding to the Association in these matters, subject to ratification by the professional membership.
 
Section 2b        Paraprofessional
The Committee on  Paraprofessional Negotiations shall explore and prepare action programs as necessary in all areas of paraprofessional welfare; with particular responsibility for  paraprofessional contracts, salaries, leave, fringe benefits, insurance, and general working conditions. It shall negotiate personnel policies with the governing and appropriating bodies of the collaborative.  It may make decisions binding to the paraprofessional matters, subject to ratification by the paraprofessional membership.
 
ARTICLE VIII Elections
 Section 1         
Nominations
(a) Each May, on the 2nd Tuesday of the month at the Executive Board Meeting the Professional President shall name an Election Committee for office vacancies for Professional and Paraprofessionals as needed. 
(b)The Election Committee will be composed of 2 union members who are not candidates for office. The Election committee will inform members of open offices via the school email and posting on the Union bulletin board.
 
(c) The Election Committee will schedule a full membership meeting so all candidates will be provided an opportunity to address their candidacy to the professional and paraprofessional union membership prior to May 31. The elections will take place in June on the 2nd Tuesday of the month at the  scheduled Union officers meeting.
Section 2         
Balloting Procedure
(a)Union members interested in running for open offices will contact the             
members of the election committee by May 10.
(b) Ballots will be created by the Election Committee. 
  A blank copy of the ballot marked ‘SAMPLE BALLOT’ along with the time and location of the vote shall be displayed on the  union bulletin boards and communicated via email, 48 hours before elections are to be held.
 (c)  Ballots, ballot box and voting list will be set up by the Election Committee Representatives the day before the election.
(d)  The election committee will be responsible for insuring that the ballots, ballot box and voting list are never left unattended.
(e)  When balloting is completed, the election committee shall tally the votes and post the results on the union bulletin boards as well as via email.
(f)  Absentee ballots are available upon request from the election committee and must be returned directly to a member of the election committee before the conclusion of voting. Absentee ballots returned after the conclusion of the election will not be considered valid.
 
 
 
 
 
ARTICLE IX    Rules of Order 
Roberts Rules of Order shall be the Parliamentary Authority for the Association on all questions not covered by the Constitution and By-Laws.
 ARTICLE X
These Bylaws may be amended by a majority vote at any regular meeting of the Professional Executive Board.  Notice of any By-Law Amendment(s) must be announced at the meeting prior to the voting on the amendment(s).
 ARTICLE XI        
 Ratification of Collective Bargaining Agreement 
Proposal(s) shall be distributed in writing and reviewed by the Membership at least 48 (forty eight) hours prior to the Ratification Meeting, while school is in session.
 
CERTIFICATE OF SECRETARY
 
I, Stephen Lochiatto, certify that I am the current elected and acting Clerk of the benefit Corporation/Organization, and the above bylaws are the bylaws of this Corporation/Organization as adopted by the Executive Board on 
4/9/2019_______________________________________________________________
and that they have not been amended or modified since the above.
 
 
EXECUTED on this day of 
4/9/2019________________________________
 
in the County of Suffolk in the State of Massachusetts.
(Duly Elected Clerk)