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Tennessee Staff
Organization |
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Tennessee Staff
Organization |
ARTICLE I. Name and Incorporation
Section 1. The name of this organization shall be the Tennessee Staff Organization, hereinafter referred to as the TSO or Organization, of the Tennessee Education Association, hereinafter referred to as the TEA.
Section 2. It is incorporated as a nonprofit corporation under Title _____, Sections _____ of Revised Statutes of the State of Tennessee.
ARTICLE II Purpose
The purpose of the Organization shall be:
To collectively bargain a contract on behalf of the professional staff and a contract on behalf of the associate staff and adjudicate grievances for the membership and the Organization.
To have input into the policies of the TEA which affect the members of TSO.
To promote the mutual benefits and welfare of the TSO and the TEA.
ARTICLE III. Affiliation
The TSO shall affiliate with the National Staff Organization, hereinafter referred to as the NSO, upon enrollment of a majority of all potential members into TSO/NSO.
ARTICLE IV. Dissolution
The assets of the TSO shall be donated to NSO upon dissolution.
ARTICLE V. Membership
Section 1. Any person employed under the TEA professional or support salary schedule shall be eligible for membership except those positions removed by contract negotiations or rulings of the National Labor Relations Board.
Membership shall become effective upon payment of annual dues in accordance with the provisions of this Constitution and Bylaws and with the policies and regulations adopted by the Organization. Membership shall be continuous until the member leaves employment with TEA, resigns from the Organization, fails to pay membership dues, or fails to comply with the rules and regulations of this Organization. Those wishing not to be a part of the Organization must notify the president of the Organization in writing prior to September 1 of any year
Section 2. All members shall have equal rights and privileges within the Organization:
to nominate candidates;
to vote in elections or on referenda of the Organization;
to hold office;
to participate in the deliberations and voting upon the business of the Organization;
to participate in the deliberations and voting upon their respective collective bargaining agreement. Though each employee in either bargaining unit shall have access to a copy of both agreements, only TSO members of their respective bargaining unit shall have the right to vote on said agreement;
to attend the membership meetings;
to meet and assemble fully with other members;
to express any views, arguments, or opinions;
to express his/her views at meetings upon candidates in an election of the Organization or upon any business properly brought before the meeting.
Section 3. Except for nonpayment of dues, no member shall be fined, suspended, expelled, or otherwise disciplined.
Section 4. Any person who was eligible for TSO membership at the time of his/her retirement from TEA shall be eligible for membership in the Retired Category of TSO. Retired Category members shall not be eligible to vote or hold office in TSO.
ARTICLE VI. Officers
Section 1. The officers of the organization shall consist of a president, a first vice-president (president-elect), a second vice president (vice-president for defense), a secretary and a treasurer.
Section 2. Term of office: The president, first vice- president (president-elect), a second vice- president (vice president for defense), secretary, and treasurer shall serve a two year term.
ARTICLE VII. Executive Committee
Section 1. The Executive Committee shall be composed of the president, first vice president (president-elect), a second vice president (vice president for defense), immediate past president, secretary, treasurer, two Executive Committee members-at-large, and such other members as may be required by the Constitution Article VII, Section 5.
Section 2. The Executive Committee shall supervise the activities of the Organization in the periods between regular meetings of the Organization.
Section 3. The Executive Committee shall meet at least four (4) times a year and at any other time at the call of the president or upon the request of three (3) members of the Executive Committee.
Section 4. The Executive Committee shall, at the first regular meeting of the membership year, present a budget giving estimates of income and regular, necessary expenditures for the current year.
Section 5. The TSO shall guarantee ethnic-minority and associate staff representation on its Executive Committee at least proportionate to their respective membership.
Section 6. Members of the Executive Committee of the TSO shall serve their terms so long as they satisfactorily perform the duties of the office. Where a member of the Executive Committee is guilty of misconduct, such member may be removed for cause (after written notice and opportunity for a hearing) by a majority vote of the membership of the Organization.
Recommendation for recall can be made by the submission of a petition containing the signatures of 20% of the membership to the Organization to the Executive Committee.
The Executive Committee shall notify, in writing, any member who has been recommended for recall.
Any member may appeal, in writing, to the Executive Committee.
The Executive Committee shall schedule hearings, whenever necessary, to review the recommendations of recall of the member.
The report by the Executive Committee of those hearings shall be made available to the membership of the Organization.
Such recall shall be determined by a majority vote of the valid secret ballots cast by the membership of the Organization.
Section 7. Executive Committee members-at-large shall serve a one-year term. Nothing in this Article shall be construed as to preclude Executive Committee members from succeeding themselves if duly elected.
ARTICLE VIII. Policy Authority
Section 1. A majority vote of the membership present and voting at any meeting shall determine the policies and action of the Organization except as otherwise provided in this Constitution and Bylaws.
Section 2. Affiliation shall not legally carry any liability for damages on TSO, or NSO, due to actions taken independently by either.
ARTICLE IX. Amendments
Section 1. Amendments may be made to this Constitution by a vote of at least two-thirds of all members present and voting. Voting shall be at any regular Organization meeting or any special meeting called specifically for that purpose, or by mail or proxy.
Section 2. Proposed changes in this Constitution shall be presented, in writing to the membership at least ten (10) days prior to the meeting(s) at which they will be considered.
Section 3. Unless otherwise stated, amendments shall become effective immediately following the meeting at which they are adopted.
ARTICLE I. Meetings
Section 1. This Organization shall schedule at least three (3) regular meetings during the period July 1 through June 30. One of these regular meetings shall be designated as the “Annual Meeting” by the TSO Executive Committee at its first meeting of the year.
Section 2. Business of the Organization may be conducted only at those meetings at which a quorum is present.
Section 3. Special meetings shall be held at the call of the president, or the president shall call a special meeting for a specific purpose upon the written request of twenty (20) percent of the members. The Executive Committee shall also be empowered to call a special meeting. Notification of any special meeting shall be given forty-eight (48) hours prior to such a meeting. Any call for a special meeting must include location and date. If the president calls a special meeting when the professional staff is not scheduled to be at the site of the meeting, at least two (2) other Executive Committee members must agree to the called meeting. Reasons for all special meetings must be included in the call.
ARTICLE II. Quorum
Section 1. A quorum for the Executive Committee and all committees shall consist of a majority of those elected and/or appointed to that body.
Section 2. A quorum of the general membership shall be a majority of members.
ARTICLE III. Duties of Officers
Section 1. The president shall preside at all meetings of the Organization and of the Executive Committee and shall be an ex officio member of all committees. He/she shall be responsible for calling special meetings and coordinating the Organization activities. The president shall represent the Organization and perform all other functions usually attributed to this office.
Section 2. The first vice president (president-elect), shall preside and perform the duties of the president in the absence of the president and shall perform the functions usually attributed to this office.
Section 3. The vice president for defense shall be responsible for processing grievances and the defense of the contract and member rights and shall serve as chairperson of the Grievance Committee.
Section 4. The treasurer shall:
be responsible for collection of all dues;
receive and deposit all monies in a bank in the name of the Organization;
notify NSO of the name of bank in which Organization dues are deposited;
hold the funds of the Organization and disburse them accordingly upon submission of vouchers properly approved by the president or vice-president;
sign all checks (in the absence of the treasurer, the President is authorized to sign checks:);
report at each meeting of the Executive Committee and general membership;
prepare an annual financial statement which shall be distributed to all members;
file the appropriate Federal and State forms;
transmit appropriate NSO dues money to NSO in accordance with the payment schedule established by NSO;
serve on the Budget Committee;
be bonded for such amount as may be determined by the Executive Committee;
keep an itemized account of receipts and expenditures.
Section 5. The secretary shall:
be responsible for handling all correspondence for the Organization;
as directed by the president and Executive Committee, carry on the affairs of the Organization;
notify the appropriate members as to the time and place of the Executive Committee and general membership meetings at least seven (7) calendar days prior to the meetings;
keep accurate minutes of all of the Executive Committee and general membership meetings;
shall maintain the official files;
distribute minutes to all members within thirty (30) days following the Executive Committee and general membership meetings;
distribute copies of all proposed amendments to the Constitution and Bylaws;
keep all books, records, and supplies that are the property of the TSO in his/her custody and shall be kept in such order that they are usable and may be passed on satisfactorily to her/her successor.
ARTICLE IV. Duties of the Executive Committee
Section 1. The Executive Committee shall implement motions and resolutions approved by the general membership and may devise and put into operation other measures not inconsistent with the objectives of the Organization; it shall fix the time and shall make all necessary arrangements for the annual meeting.
Section 2. Other duties of the Executive Committee are listed under Article VII, Sections 1-4 of the Constitution.
ARTICLE V. Nominations of Officers and Executive Committee
Section 1. The Election Committee shall solicit nominations, prepare and count the ballots, and officially report all election results to the full membership.
Section 2. In the event that fewer than two candidates are nominated or file for an office two weeks prior to the election, the Election Committee shall seek at least two candidates for each elective position.
Section 3. Candidates who have given their consent to the Election Committee shall be placed on the ballot. Names of the candidates, along with the office sought, shall be distributed to all members of the Organization no later than one week prior to the election. Nothing in this article shall preclude additional nominations from the floor at the time of the election.
Section 4. The annual election of officers shall take place at the Annual Meeting as designated by the TSO Executive Committee at its first meeting of the year.
Section 5. The candidate receiving a majority vote of those voting shall be elected.
Section 6. The officers shall assume duties on July 1 following their election.
Section 7. Qualifications of Executive Committee Members. Any candidate for an Executive Committee position must have been a member of the Organization at the time of election and maintain membership during the term of service on the Executive Committee.
ARTICLE VI. Elections and Vacancies
Section 1. Officers of the Organization shall be elected by secret ballot.
Section 2. Officers shall be elected by receiving a majority of the votes cast. If on the first ballot no candidate receives a majority vote for a particular office, there shall immediately be a run-off election between the two candidates receiving the highest number of votes.
Section 3. If following the election process as described in Bylaws Article V, the requirements in Constitution Article VII, Section 5 are not fulfilled, a special election shall be held immediately in order to satisfy those requirements.
Section 4. A demand for a recount can be made to the President or presiding officer prior to the adjournment of the Annual Meeting. A challenge to the election procedures or demand for recount made after the adjournment of the Annual Meeting shall be made in writing to the Executive Committee. A challenge shall contain the specific provisions of the Constitution and Bylaws and/or TSO policy which was/were allegedly violated. The Executive Committee shall review all challenges and rule upon them. If the candidate is not satisfied with the decision of the Executive Committee, he/she may appeal the decision to the membership by submitting such appeal in writing to the President. The President will then place the matter on the agenda of the next membership meeting. At this meeting the Executive Committee will report its findings and the candidate will have an opportunity to address the membership. The challenge shall be determined by a majority vote of the valid secret ballots cast by the membership.
Section 5. The secretary shall maintain the ballots of the officer elections for a period of one year.
Section 6. In the event of a vacancy in the office of president, the vice-president (president-elect) shall assume that office for the unexpired term; and a special election shall be held at the next meeting of the Organization to fill the office of vice president (president-elect) for the remainder of the unexpired term. In the event of a vacancy in any other position, the Executive Committee shall appoint a member to the position to serve for the unexpired term.
ARTICLE VII. Committees
Section 1. The Salary and Fringe Benefit Committee shall be appointed by the president with the approval of the Executive Committee.
Section 2. The Negotiations Committee for the professional staff shall be appointed from the members of that unit by the president with the approval of the Executive Committee. The Negotiations Committee for the associate staff shall be appointed from the members of that unit by the president with the approval of the Executive Committee.
Section 3. The Audit Committee shall be appointed by the president with the approval of the Executive Committee. The committee shall review the financial receipts and expenditures of the organization after the end of the fiscal year and report their findings to the Executive Committee and the membership.
Section 4. Such special committees as are needed may be appointed by the president.
Section 5. All committee members appointed by the president must be approved by the Executive Committee.
Section 6. All committees shall report to the membership as the need arises. Vacancies in all committees shall be filled by the president of the Organization after consultation with members of the Executive Committee.
Section 7. The Elections Committee shall be appointed by the president with the approval of the Executive Committee.
ARTICLE VIII. Collective Bargaining
Section 1. Ratification of the Collective Bargaining Agreement between the TSO and TEA and amendments thereto shall be determined by majority vote of the membership.
Section 1. Ratification of the Collective Bargaining Agreements between the TSO and TEA and any amendments thereto shall be determined by majority vote of the membership of the respective units.
Section 2. Strikes or any work stoppage shall be determined by a majority vote of the TSO members of the bargaining unit.
ARTICLE IX. Dues
Section 1. The dues for professional staff members of the Organization shall be .0095 of the base salary of the preceding year. The dues for associate staff members of the Organization shall be one-half (1/2) of the dues of the professional staff members. One-sixth (1/6) of the dues shall be designated for the Crisis Fund to be utilized for extraordinary expenses beyond the scope of the operating budget. Dues for Retired Category members shall be one-tenth (1/10) of the dues of the TSO professional staff members.
Section 2. There will be no monetary assessments in addition to the dues.
Section 3. Persons entering employment after January 1 may join for the remainder of the year for an amount in proportion to the number of full months remaining in the membership year.
Section 4. Any member who terminates employment or moves to a position outside the bargaining unit prior to completing payment of annual dues shall have the balance of said dues deducted from his/her final paycheck. That amount shall be remitted to TSO which shall determine the dues amount to be refunded to the member.
ARTICLE X. Membership and Fiscal Year
The membership and fiscal year shall be September 1 through August 31.
ARTICLE XI. Authority
Robert's Rules of order, revised (most recent edition) shall be the parliamentary authority for the Organization on all questions not covered by the Constitution and Bylaws and such standing rules as the Organization may
adopt.
ARTICLE XII. Amendments
Section 1. Amendments may be made to these Bylaws by majority vote of all members present and voting, plus mail or proxy votes. Voting shall be at any
regular Organization meeting or any special meeting called specifically for that
purpose, or by mail or proxy.
Section 2. Proposed changes to these Bylaws shall be presented in writing
to the membership at least ten (10) days prior to the meeting(s) at which they will be considered.
Section 3. Unless otherwise stated, amendments shall become effective immediately following the meeting at which they are adopted.
Adopted October 14, 1977
Amended October 3, 1980
Amended December 5, 1980
Amended 1983
Amended July 26, 1985
Amended July 29, 1986
Amended December 8, 1986
Amended December 8, 1987
Amended July 24, 1990
Amended May 26, 1993
Amended September 17, 1997
Amended April 23, 1998
Amended June 2, 1999
Amended September 18,2000
Amended December 5, 2005
Amended March 29, 2007