By-Laws
as amended January 6, 2011

1. Nomination for Office
2. Election of Officers and Council Members
3. Unit Representatives Committee
4. Communications Committee
5. Negotiating Team
6. Dues, Fees, and Assessments
7. Fair Share Exceptions
8. Contributions
9. Grievance Procedures
10. Loss of Membership
11. Additions or revisions to bylaws

1. Nomination for Office

a. In Winter term, no later than January 15, the President, with the advice and approval of the Executive Council, shall appoint a Nominating and Elections Committee of three members (at least one of whom is not a member of the Executive Council).

b. The Nominating Committee shall send to the membership a request for names to be considered for nomination. No petitions are required at this stage. No later than February 15, the Nominating Committee shall present a slate of nominees to the Executive Council.

c. Upon the Executive Council's approval of the slate f nominees, the Nominating Committee shall send to all members:

• a slate of nominees for all vacant positions,
• a form to be used as a nominating petition for additional nominees,
• a list of all members eligible to hold office, and
• a date by which petitions are to be returned to the PSU-AAUP office. At least 15 days are to be allowed for the return of the petitions, but in no case shall the return date be later than March 15th.

d. Each nominating petition requires the signatures of ten members and the consent of the nominee to effect nomination.

e. The Nominating and Elections Committee will place on the ballot all names from its original slate of nominees and any name properly endorsed by petition in (d) above.

f. Nominees for office will be invited to present statements in support of their election (limit 150 words) to be included with the ballot mailing package. These statements may be written by the candidate, by the Nominating Committee, or by a signer of the candidate's nominating petition. In any case, the source of the statement shall be identified.

2. Election of Officers and Council Members

Officers and Council members shall be elected by secret ballot not later that April 20. The names of the nominees will be circulated to the membership at least 15 days before this election. The ballots shall be counted by the Nominating and Elections committee. In case of a tie for any or all positions, one run-off election will be held for tied position(s). Should a tie again result, the election will be decided by the toss of a coin in the presence of the candidates involved. Elected officers and Council members shall take office immediately upon election.

3. Unit Representatives Committee

A Unit Representative Committee shall be established as follows:

a. The Unit Representative Committee shall consist of representatives selected by and from the members of appropriate units of the university as decided by Executive Council.

b. The role of the committee shall be to advise the Executive Council and to communicate with members on behalf of the Council. Unit Reps. shall act as AAUP representatives in their respective departments or units. During negotiations the Unit Rep. Committee shall meet as needed.

4. Communications Committee

A Communications Committee shall be established as follows:

a. The committee will be made up of two EC members, plus four additional at-larg members chosen to ensure all areas of the bargaining unit are represented

b. The committee will have two main foci: internal and external communications. The Internal Subcommittee will focus primarily on member education and mobilization, and will keep a strong liaison relationship with PSU AAUP's Membership Committee. The External Subcommittee will primarily focus on strengthening solidarity with other unions and media relations.

5. Negotiating Team

The Negotiating Team shall consist of the Vice President for Collective Bargaining and up to six members appointed by the Executive Council.

a. During October, prior to the expiration of a negotiated Agreement, the Council shall solicit from the membership suggested items for negotiation in the next Agreement. With input from members and the Executive Council, the Negotiating Team will present the Council a list of proposed changes and new items no later than November 30th of that year. The Executive Council may establish priorities among the items on this list.

b. The Negotiating Team shall participate in negotiating sessions. The team may be advised and accompanied by legal counsel.

c. The Chapter President may participate in planning and negotiating whether or not he or she has been appointed to the team.

d. The Negotiating Team may invite other members, employees, or advisors from the National AAUP to assist as needed.

e. Members of the Negotiating Team may be removed by vote of the Executive Council.

f. If negotiations are in progress at the time of election of officers and Executive Council members, the Negotiating Team shall normally continue negotiations to completion of the contract.

6. Dues, Fees, and Assessments

a. The dues structure will be recommended by the Executive Council subject to a vote of the active and associate membership. The dues schedule shall be published.

1. National AAUP dues increases shall be represented by the percentage increase in national AAUP dues in the full member category of AAUP membership from the previous year’s national AAUP dues in the same category on the AAUP dues rate sheet. This percentage increase shall be applied to PSU-AAUP local dues in all categories of membership.

2. Affiliation costs of the Oregon AAUP State Conference, or any other affiliation chosen by the membership shall be passed on to members and Fair Share Fee payers as payroll deductions.

b. An AAUP member who leaves the PSU-AAUP bargaining unit to take a position in the University outside of the bargaining unit may continue their membership in PSU-AAUP as an Associate member. Associate membership in PSU-AAUP is voluntary. If dues continue to be deducted from an employee’s wages after leaving the bargaining unit, PSU-AAUP assumes that the employee voluntarily elects to become an Associate member. Associate membership can be cancelled at any time.

7. Fair Share Fee Payers

The Association has adopted and implemented Association Policy 02- Association Hudson Procedure, 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).

a. In accordance with ORS 243.666, Fair Share Fee Payers who have “bona fide religious tenets,” or that are a member of a “church or religious body” whose teachings require that they not join, participate in, or support an employee organization shall pay an amount equivalent to member monthly dues, forwarded by the University, to a charity designated by the University and the Association, or to another charitable organization mutually agreed upon by the employee and the Association. Fair Share Fee payers shall submit objections as per the procedure established in the Association Policy 02- Hudson Procedure and the Hudson letter sent to fair share fee payers as per the Association Policy 02.

b. Religious objection to fair share payment under PSU-AAUP Bylaws Section 7 (a) (1), must be made in writing to the President of PSU-AAUP. The objector must submit a signed statement declaring they have “bona fide religious tenets,” or that they are a member of a “church or religious body” whose teachings require that they not join, participate in, or support an employee organization.

1. The Executive Council, President, or President’s designee will rule on such objections within two academic calendar months of receipt. If a bona fide objection is found, the President will meet with the employee and agree upon a mutually acceptable charitable organization to which that employee must pay an amount of money equivalent to PSU-AAUP dues. That payment will be payroll deducted and forwarded to the organization by the employer, if possible. If payroll deduction is not possible, written proof of such payment must be made by the employee to PSU-AAUP and Portland State University on a monthly basis.

8. Contributions

The Chapter is authorized to receive contributions from any donor provided that the Executive Council determines that the conditions or purposes of any contribution are not inconsistent with this Constitution or the general purposes of the Chapter.

9. Grievance Procedures

a. AAUP matter. This request must be signed, include a statement of the relief sought, be presented within three academic calendar months of the alleged occurrence of the action giving rise to the grievance. If the Executive Council feels there is a prima facie case in the complaint brought by the grievant, it will appoint a hearing committee of three members within one academic calendar month of receipt of such request.

b. The hearing committee shall hold a hearing which shall provide basic due process protections, but need not be bound by formal rules of legal evidence. Relief rendered in the opinion may be of lesser or greater importance than that requested by the grievant. The hearing committee must make its final report within three academic calendar months of its formation by the Executive Council. The hearing committee's decision will be final and binding on the Chapter unless appealed by an original party to the proceedings.

c. If a written request for appeal is lodged with the Executive Council within one academic calendar month of the issuance of the final report of the hearing committee, a vote of the membership will be taken on the appeal. The vote will be taken on whether or not to accept the final recommendations of the hearing committee. If the vote sustains the hearing committee, their recommendations shall become final and binding on the Chapter.

10. Loss of Membership

Failure to pay dues shall result in loss of membership.

11. Additions or Revisions to Bylaws

Revisions or additions to the bylaws may be proposed by the Executive Council, or by a petition to the Executive Council signed by 20 members. A proposed text shall be circulated among the members of the Executive Council, 15 days prior to submission to the Executive Council of the final text for voting. A majority vote of the Executive Council shall be necessary for approval. Within fifteen days of the Executive Council vote, revisions to the bylaws shall be sent to the membership. The membership will then have fifteen days to call for a recall of the revisions and additions. In order to file a recall, the membership must present a recall petition signed by 20 members. Within fourteen days of receipt of the recall petition, the Executive Council will meet again to discuss the recall. The recall meeting will be open to the membership and the membership must be notified of this meeting at least ten days in advance.