Association Policy

1. Association Release Time Policy

1.1 Release Time Report

2. Association Hudson Procedure

3. Association Code of Conduct Policy

4. Association Policy 4; Executive Director Position

 

1. Association Release Time Policy

Association Release Time
adopted August 28, 2009
The Executive Council affirms that PSU-AAUP is a volunteer activist organization. Our work is dependent upon the dedication of many bargaining unit activists who give their free time to help improve wages and working conditions at PSU. All Association funds come from the earned wages of bargaining unit members. The Executive Council recognizes that some of the work that we must do as the exclusive representative of bargaining unit members requires the use of release time from work duties. That release time shall be authorized as follows:

• The Executive Council shall authorize release time as follows: only to enable work on behalf of the Association. The Executive Council may authorize Release time to any member of the Association.
• Any member of the Executive Council may propose a Release Time Project to the Executive Council for consideration.
• The Executive Council shall not authorize release time as compensation for any work previously performed.
• Release time shall be for work essential to an organizational purpose, an organizational goal, or an organizational outcome.
• The Executive Council shall authorize release time only for work that is of such importance and timeliness that release time is likely to be the only way the work will be performed.
• Release time shall only be for work that is measurable and reportable.
• The Executive Council shall authorize release time only for work that would not be possible, or is more demanding than could be reasonably expected of a dedicated, competent activist in his or her off-duty hours.
• Upon consideration of release time, the treasurer must provide evidence to the Executive Council that a budget and sufficient funding exists for any release time authorized.
• Members on releases shall submit a completed and signed Association Release Time Report to the Executive Director after five (5) weeks, and at the end of the term. The form for the report will be available to download from the website. The reports will be placed on the consent agenda of Executive Council meetings as they come in. All release time reports are due one month after the end of the term.
• Members on release shall be expected to check and respond to their emails regularly. If university email is not accessible, then they will be expected to provide an alternate email address
• Members on release shall notify the Executive Director of all travel, vacation, and absences from work longer than 5 days during the period covered by the release. Release time recipients shall send notices to the Executive Council upon any Councilor’s request.

1.1 Release Time Report Form

Release Time Report Form.pdf

 

2. Association Hudson Procedure

Association Hudson Procedure
adopted September 14, 2009
The following procedure is implemented to comply with the requirements of Chicago Teachers Union. Local No. 1. AFT. AFL-CIO v. Hudson. 475 U.S. 292, 106 S.Ct. 1066 (1986).

1. The Association will have audited financial statements prepared for its fiscal year.

2. Based on the audited financial statements, PSU-AAUP will prepare a calculation identifying the portion of its expenses that are chargeable under the criteria set forth in the Expense Categorization Section of this Policy.

3. When the calculation of chargeable expenses is made, a notice will be prepared which will set forth the following information:

a. The percentage of chargeable expenses of the PSU-AAUP;

b. The audited financial information and calculation of chargeable expenses in the major categories of expenses that served as the basis of the calculation of chargeable expenses;

c. A statement indicating the period of time, i.e., the academic year, for which the calculation will be effective;

d. A statement of the amount of the fee payable by all fee payers based upon current fair share fee payer rates. The amount of fair share fees will be expressed as a percentage of the dues paid by PSU-AAUP members;

e. A statement that either objections have already been presumed and are automatic (as is reflected, for example, in Article 10 of the 2007-2009 CBA), or that individuals wishing to file objections shall be able to do so only in writing (i.e. if Article 10 of the CBA is changed such that objections are not presumed).

f. If applicable, that fair share fee payers eligible to object may object to the expenditure of that portion of their fees or expenses that the union has determined are non-chargeable, along with a statement of how the objecting fee payer can receive an advance rebate of the non-chargeable amount of the fee;

g. A statement that the written objection should include certain identifying information such as name, address, social security number and/or work ID number, and work location.

h. A statement of the procedure by which a nonmember fee payer can file a challenge to the union's calculation of chargeable versus non-chargeable expenses;

i. A statement that individuals who wish to challenge the union's calculation of chargeable versus non-chargeable activities shall do so in writing. The written challenge should include the fair share fee payer’s name, address, social security number, and work location.

j. A statement that 100% of the challenger's fee, minus any rebates or advance rebates, will be placed in a separate interest-bearing, independently regulated escrow account pending resolution of the challenges, and that the amount of the escrow will be independently verified. The Association may escrow less than 100% of the fee collected from the challenger, but only if it can provide detailed justification for the limited escrow on the basis of the independent audit, and the escrow figure must itself be independently verified.

k. A statement that fair share fee payers are provided no less than a 30-day period in which to file objections, if applicable, and challenges.

4. The Notice must be sent to all fair share fee payers annually as soon as feasible after the University has provided the Association with its first bargaining unit list at the commencement of the September to August Academic Year.

5. The Notice shall be distributed by the Association by direct mail and/or by publication in the newsletter. In either case, the Association must ensure that the Notice is sent to all fair share fee payers. The Association shall take all necessary steps to ensure that they have current names and addresses of fair share fee payers. If, after exhausting all reasonable efforts, the Association is still unable to secure an accurate list of fee payers with home addresses, the Association shall post the notice in its bulletin board on the 2nd floor of the Smith Memorial Student Union for 30 days, and distribute copies of the Notice to all unit reps for distribution in the departments to reach all fee payers.

6. If notices are not distributed in time to permit a fee payer to object or challenge prior to the deduction of the fee in the current Academic Year, all fees collected by the Association from challengers and objectors will be deposited in the escrow account until the resolution of their challenges or objections. The Association shall endeavor to resolve challenges and objections informally prior to arbitration, and any resolutions shall provide for disposition of the fee in escrow, and the payment of advance rebates by the Association, if applicable. Oral resolutions may be confirmed in a letter. Should informal resolution not be possible, the fees paid by the challenger must remain in escrow pending resolution of the challenge by the arbitrator.

7. Should Article 10 of the CBA be changed and Fair Share fees become equal to member dues, objectors must be paid a rebate of fees collected, and an advance rebate of fees scheduled to be collected, that represents that portion of the fee that covers non-chargeable expenses. This rebate can be paid on an annual, monthly, or bi-weekly or other periodic basis at the option of the Association.

8. Individuals hired after the close of the objection and challenge period set forth in the Notice who decline union membership shall be provided with a copy of the Notice within 30 days of the employer's notifying the union of the employee's name and address. New hires shall be provided the letter at the New Hire Orientation, if possible.

9. The Association shall establish an escrow account for fees collected from the challengers until the challenge is resolved. The escrow account shall be a separate, independently regulated interest bearing account, and the amounts of challenged fees deposited in the account shall be independently verified. In the case of challenges received in response to the initial Notice, fees collected from the challenger from the date of receipt of the challenge to the resolution of the challenge, must be deposited in the escrow account.

10. The Association shall establish an arbitration procedure for the resolution of challenges that contain the following elements:

a. Selection of a qualified impartial arbitrator by the Oregon Employment Relations Board, or similar impartial agency or organization;

b. Scheduling of the arbitration and pre-hearing telephone conference so that it can be cancelled without penalty if there are no objections or challenges.

c. Consolidation of all challenges into a single proceeding;

d. A requirement that the arbitration process begins within 30 days after the close of the challenge period and that the arbitrator's award issue no later than 120 days after the close of the challenge period.

11. At the beginning of each academic year, the Association shall request an arbitrator for a hearing on a specific date approximately two months after the close of the projected objection/challenge period. The requested hearing date will fall on a day during an academic term, and will be held at PSU. The arbitrator requested should be able to meet the following criteria: should be an Oregon-based arbitrator to minimize travel expenses and be willing to conduct the hearing at PSU; be willing to consolidate multiple challenges, if applicable, into one proceeding; should have a 30 day cancellation policy or less; should be willing to render a decision within 30 days of the close of the hearing; should be willing to conduct a telephonic pre-hearing conference call approximately within 30 days after the close of the challenge period to address pre-hearing matters with the parties.

12. The Association will schedule a room for the hearing on the PSU campus.

13. A pre-hearing conference will be held within 30 days after the close of the challenge period to address any pre-hearing matters raised by any party, including: hearing location, logistics, subpoenas, evidentiary and discovery issues, any party’s desire for recording, or any other matters regarding the conduct of the hearing. If either the union or the challengers do not participate in the pre-hearing conference, these matters will be resolved by the arbitrator in their absence.

14. When a decision on the challenges issues, the funds in the escrow account shall be distributed in accordance with the arbitrator's award. In addition, the challengers shall receive an additional advance rebate for the balance of the academic year in accordance with the arbitrator's award where appropriate. If the arbitrator determines that the chargeable percentage, or the proper agency fee or fair share fee, is less than that initially calculated by the union, a supplemental advance rebate shall be paid to objectors to the extent required by applicable law. If the arbitrator finds that our chargeable percentage was too low and certain expenses we considered non-chargeable were actually chargeable, we may make prospective adjustments, with proper notice, accordingly.

15. The provisions of this procedure shall be considered legally separable. Should any provision or portion thereof be held contrary to law by a court or administrative agency of competent jurisdiction, the remaining provisions or portions thereof shall continue to be legally effective and binding.

Expense Categorization

A. Expenses associated with the following activities are considered to be chargeable to fair share fee payers in this calculation:

1. Gathering information in preparation for the negotiation of collective bargaining agreements.

2. Gathering information from employees concerning collective bargaining positions.

3. Negotiating collective bargaining agreements, including but not limited to Contract proposals, negotiations, contract ratification, and contract printing expenses

4. Administration of ballot procedures on the ratification of negotiated agreements.

5. The public advertising of PSU-AAUP's positions on the negotiation, ratification, or implementation of collective bargaining agreements.

6. Lobbying for the negotiation, ratification or implementation of a collective bargaining agreement between PSU-AAUP and PSU.

7. Activities related to working conditions, benefits and contract rights available to PSU-AAUP bargaining unit members.

8. Interactions with PSU, OUS and other university administration, including meetings, phone calls and exchanging emails.

9. Background reading and research, phone calls, conferences, discussions or other preparation concerning salaries, working conditions, comparisons with other colleges and universities, and related matters relevant to PSU faculty employment.

10. Preparation for strikes and, if strikes are legal, strike activity at PSU.

11. Attendance at training sessions related to collective bargaining.

12. Attendance at some national and state AAUP meetings, including CBC meetings and summer institutes.

13. Government agency, labor board, or regulatory matters that are directly related to collective bargaining, contract enforcement, grievance handling, or union administration.

14. Preparation of publications that address traditional union functions and chargeable activities.

15. Expenses incurred adjusting grievances pursuant to the provisions of PSU-AAUP collective bargaining agreements, enforcing such collective bargaining agreements and representing employees in proceedings under other applicable laws or regulations.

16. Education programs if the content relates to the terms and conditions of PSU faculty employment.

17. Purchasing books, reports, and advance sheets used in (a) negotiating and administering collective bargaining agreements, and (b) processing grievances.

18. Paying technicians in labor law, economics and other subjects for services used (a) in negotiating and administering PSU-AAUP collective bargaining agreements, and (b) in processing grievances.

19. Legal/litigation expenses related to or concerning the bargaining unit such as filing fees, deposition costs, expert witness fees, and other fees and expenses associated with the representation of bargaining unit members at PSU.

20. Defending PSU-AAUP against efforts by other unions or organizing committees to gain representation rights in units represented by PSU-AAUP.

21. Proceedings regarding jurisdictional controversies in AAUP or any national or international affiliates as they relate to PSU-AAUP.

22. Membership meetings and conventions held at least in part to determine the positions of employees on collective bargaining issues, contract administration and other matters affecting wages, hours and working conditions, including the cost of sending representatives to such meetings and conventions.

23. Internal communications which concern collective bargaining issues, contract administration, public employment generally, employee development, unemployment, job opportunities, award programs and other matters affecting wages, hours and working conditions.

24. Activities in the running of the union to include staff salaries and benefits, fees for consultants, committees and conferences, local elections, interpretation of the constitution, related legal expenses, and general management to the extent that those activities support and pay for chargeable activities at PSU-AAUP.

25. Payments made to state and national affiliates that are used at those levels for chargeable activities. 26. Insurance and taxes to the extent that those expenses support chargeable activities at PSU-AAUP.

27. Lobbying and ballot measures related to collective bargaining that has a direct impact on employment relations between PSU and PSU-AAUP.

28. Impasse procedures, including fact finding, mediation, arbitration, strikes, slow-downs and work stoppages, over provisions of PSU-AAUP collective bargaining agreements and the administration thereof, so long as they are legal under state law. These costs may include preparation for strikes, slow-downs, and work stoppages regardless of their legality under state law, so long as no illegal conduct actually occurs.

29. The prosecution or defense of arbitration, litigation or charges to obtain ratification, interpretation, implementation or enforcement of collective bargaining agreements and any other litigation before agencies or in the courts which concerns bargaining unit employees which is normally conducted by an exclusive representative.

30. Social activities open to members and non-members.

B. Expenses associated with following activities are not charged to objecting fee payers in this calculation:

1. Lobbying and ballot measure activities not directly related to contract negotiation, ratification, or enforcement.

2. Training and participating in voter registration, get-out-the-vote, and political campaigns.

3. Supporting and contributing to charitable organizations.

4. Community Services.

5. Supporting and contributing to political organizations and candidates for public office.

6. Supporting and contributing to ideological causes.

7. Political contributions.

8. Education programs on topics that are political, ideological, or unrelated to union functions.

9. Supporting and contributing to international affairs, including hosting foreign visitors or international relief efforts.

10. The public advertising of PSU-AAUP's position on issues other than negotiation, ratification, or implementation of collective bargaining agreements.

11. Member-only benefits.

12. General public relations activities

 

3. Association Code of Conduct Policy

Code of Conduct
October 15, 2009

As an employer, the Association has an obligation to protect the Title VII rights of its employees to a work environment free of discrimination, hostility, harassment, hostility, or threats of violence. As an employee organization, the Association seeks to assure its employees work in an environment that, at all times, is consistent with both Title VII protections, but also the University’s Professional Standards of Conduct Policy. Nothing in this policy should be interpreted to obviate the Association of its duty to fairly and equally represent all bargaining unit members in those areas where the Association is the exclusive representative.

The Executive Council acknowledges that behavior that violates the University’s Professional Standards of Conduct Policy creates an unwelcome work environment for Association employees, builds mistrust, limits the Association’s ability to communicate truthfully, and generally undermines the Association’s ability to operate effectively both in internal matters, and in representing member interests with the public employer. The Executive Council affirms that the same standards of behavior expected of bargaining unit members in the University’s Professional Standards of Conduct Policy as it exists on October 9, 2009 shall extend to treatment of Association employees.

The Association expects Bargaining Unit Members who interact in any capacity with Association staff to, at all times, comport themselves in a professional manner, free of anger, harassment, discrimination, taunting, bullying, and/or threatening or violent behavior. Should a staff member feel intimidated, threatened or concerned by a bargaining unit member’s unprofessional behavior, they shall follow this procedure to limit their exposure to that unprofessional behavior.

1. First and foremost the staff member should notify the bargaining unit member who is behaving unprofessionally that their behavior is unprofessional and unwelcome. If that bargaining unit member does not change their behavior, then the staff member should communicate to the bargaining unit member that their behavior and the discomfort experienced by the employee will referred to the Executive Director. Following this communication, the staff member may discontinue the phone call, interrupt the bargaining unit member and ask them to leave the office, get up and leave the office themselves, and/or call the Executive Director, campus security or local law enforcement and ask for immediate assistance. The staff member may use their best judgment to immediately remove themselves from any and all unprofessional, threatening, or violent or potentially violent behavior

2. All unprofessional behavior should be reported to the Executive Director. That report should include the date and time of the occurrence, what occurred, and how the bargaining unit member responded when told their behavior was unwelcome.

3. If the bargaining unit member does not respond appropriately when their negative behavior is interrupted in step one, the Executive Director shall contact the bargaining unit member to discuss the behavior, its impact, the University’s Professional Standards of Conduct Policy, and this Association Policy.

4. If the Executive Director remains concerned for the welfare of Association staff after contact with the bargaining unit member, then the issue shall be brought to the Association President. The Association President may choose to bring the matter to the Executive Council

5. The Executive Director and Association President shall determine the best course of action to limit further exposure to that inappropriate behavior. The safety and well being of Association staff will be the preeminent concern determining that course of action.

6. The Code of Conduct policy shall be posted in a conspicuous location at the PSU-AAUP office and on the PSU-AAUP website.

Should a bargaining unit member feel they have been unfairly treated in the course of this policy, they may seek remedy through the Association Grievance Process in Paragraph Nine of the PSU-AAUP Bylaws.

 

4. Association Policy 4

Executive Director Position

Scope of Position

The Executive Director is responsible for the day to day operation of the Association as well as the organization’s long term strategic mission in all areas of operation. The position reports to the President of the Executive Council.

The Executive Director’s duties include, but are not limited to:

Administrative
• Financial Reporting, Budgeting and Forecasting. Financial Account Management and Account Reconciliation.
• Hiring, Firing, Evaluating, Restructuring, Supervising, and Managing the work flow of staff. All hiring and firing decisions are to be ratified by the executive council.
• Association interface with all University departments and all outside organizations.
• Interface with all vendors, and ensure that all Association financial obligations are addressed expediently and appropriately.
• Provide the Executive Council with timely reports and information so they make timely and appropriate decisions as fiduciaries.

Collective Bargaining
• Provide strategic and tactical expertise and leadership to the VP of Collective Bargaining and the Collective Bargaining Team in developing contract proposals, conducting negotiations, and managing the labor-management relationship. This includes participating in all collective bargaining, and all labor management activities.

Contract Maintenance, Grievances, and Employee Discipline
• Provide strategic and tactical expertise and leadership in dispute resolution to the VP of Grievances and the Grievance Committee and bargaining unit members in need of assistance. Process the disputes through the grievance procedure and resolve issues through whatever means available.
• Provide guidance to the President and the Executive Council in the labor management relationship.

Legislative Action
• Represent the Association, faculty, and Higher Education in discussions with other stakeholders statewide regarding issues that impact PSU, faculty, and higher education.
• Bring legislative issues that impact faculty to the Executive Council for discussion and endorsement.
• Act as lobbyist, and interface with any contract lobbyist PSU-AAUP hires, to seek the passage of legislation favorable to PSU faculty, and the election of candidates that may further our interests.
• Provide strategic and tactical expertise on how we can expand our influence in the legislative process to promote quality higher education in Oregon.

Solidarity
• Seek out and sustain relationships with other organizations with which we may partner to promote quality higher education in Oregon.
• Provide strategic and tactical expertise to the Executive council regarding the Association’s participation on various committees and coalitions that could benefit PSU faculty and higher education.

Organizational Development
• Provide training and backstop support for all member leader functions in the organization.
• Provide strategic and tactical leadership in developing and sustaining communications to the bargaining unit.
• Provide strategic and tactical leadership in developing programs and services that further engage and build the membership.
• Provide backstop support in ensuring that the Association’s constitution and bylaws are followed.

 

Review and Contract

The chapter President shall be responsible for conducting the performance evaluation of the Executive Director each contract period. The review period shall be for all work completed between commencement of the contract period and its end, regardless of the number of hours or months the employee has worked.

Not later than 90 days before the expiration of the Executive Director’s contract, the chapter President shall initiate the review process. The President may convene an ad hoc committee consisting of the President, the Vice-President for Collective Bargaining and the Vice-President for Grievances and Academic Freedom. The committee, or the President, shall prepare a written review of the Executive Director’s accomplishments and performance over the previous period. The committee shall request input for the review from other Executive council members, as well as a self evaluation from the Executive Director. Any self-evaluation submitted by the Executive Director shall be appended to the President’s report that is presented to the Executive Council.

Between 75 days prior and 60 days prior to the expiration of the Executive Director’s contract, the chapter President shall meet with the Executive Director to discuss the evaluation report, clarify issues, and gather information that may be helpful in elucidating the President’s report to the Executive Committee.

The chapter President shall present the evaluation, as amended from the meeting with the Executive Director, to the Executive Council. The Executive Director shall have the opportunity to present his/her self-review to the Executive Council he/she makes that request. The President shall provide the Executive Council with a recommendation for renewal or non-renewal of the contract, wage increases (e.g., Cost of Living Increases, Targeted Market Adjustments based upon comparators at Oregon Education Association (OEA) and American Federation of Teachers-Oregon (AFT-OR), and special Merit Bonuses), changes to the term of the contract, changes to the benefits package, and/or changes to working conditions.

The Executive Council shall make its final decision to renew or non-renew the Executive Director’s contract, and must notify the Executive Director of the decision, no later than 60 days prior to the expiration of the contract. Upon the decision to renew, the Executive Council shall provide the Chapter President with guidelines for the Executive Director’s employment contract. The Executive Council is encouraged to provide multiyear contracts and wages, benefits and conditions of employment that are comparable to the OEA and the AFT- OR. The wages, benefits and conditions of employment from the Executive Director’s previous contract shall serve as a benchmark and should be used as a floor in contract negotiations.

The chapter President shall finalize the employment contract through negotiations with the Executive Director. Any employment contract provisions agreed upon during those negotiations that were not contemplated in the guidelines provided to the chapter President shall be ratified by the Executive Council.

The Executive Director shall be hired on contract. No action shall be taken to remove the Executive Director, or diminish his/her wages, hours or working conditions, or non renewal his/her contract without just cause unless it is a layoff for lack of funds, in which case the assertion that there is a lack of funds may be challenged. The Executive Director shall have the right to appeal the Executive Council’s decision directly to binding arbitration. The parties will split the cost of the arbitrator, but each party shall bear the cost of its own counsel.

Within ten (10) working days of receipt of notice of intent to arbitrate, the parties shall meet to attempt to agree upon an arbitrator. If the parties are unable to agree upon an arbitrator within five (5) working days of the meeting, the party initiating arbitration shall request the American Arbitration Association to submit a list of seven (7) arbitrators, none of whom shall be an employee of the Oregon University System unless both parties have agreed to the contrary.

Each party shall alternately strike one (1) name from the list of seven (7); the remaining person shall be the arbitrator. The party initiating the arbitration shall strike the first name.

If the arbitrator selected cannot hold the hearing or render a decision within the time limits provided herein and either party does not agree to an extension of time, a new list of seven (7) names shall be requested from the American Arbitration Association and the selection procedure as provided herein shall be repeated.

Expenses

The Executive Director will be provided with an Association credit card and an Association Check Card tied to the Association Checking Account. The Executive Director shall exercise prudence and due diligence in the purchase of products and services for the Association, and shall use the approved annual budget as a guideline for the expenditure of funds; purchases over $500 for individual items shall be made in consultation with the president and/or the treasurer.

The Executive Director may elect to have the Association purchase and provide service for a smart phone, or may use his/her own smart phone and the Association shall reimburse the Executive Director for the voice and data service charges incurred on behalf of the Association. The Executive Director shall secure the most cost-effective plan based upon usage needs. The plan and the bills shall be reviewed as necessary by the treasurer, but at least quarterly.

The Association shall reimburse the Executive Director for use of his/her personal vehicle for mileage at rate posted by the IRS at www.irs.gov. When traveling for the Association, the Executive Director may choose to expense actual costs with receipts, or may expense the published per diem rate published at www.gsa.gov.

The Association shall reimburse the Executive Director for 50% of the actual cost of internet access at his/her home office.