Constitution & Bylaws

Constitution & Bylaws

Constitution
Article I - Name and Objectives
Article II - Membership and Association
Article III - Officers
Article IV - The Executive Council
Article V - The Executive Committee
Article VI - Chapter Meetings
Article VII - Rights of Portland State University Faculty
Article VIII - Association Funds
Article IX - Amendments

Bylaws
1. Nomination for Office
2. Election of Officers and Council Members
3. Unit Representatives Committee
4. Communications Committee
5. Negotiating Team
6. Legislative and Political Action Committee
7. Dues, Fees, and Assessments  
8. Fair Share Fee Payers
9. Contributions
10. Grievance Procedures
11. Loss of Membership
12. Affiliation Agreements
13. Additions or revisions to bylaws
 

Constitution

Article 1- Name and Objectives

1. The name of this organization shall be the Portland State University Chapter of the American Association of University Professors (PSU-AAUP). This Chapter is a local affiliate of the National AAUP.

2. Among its objectives shall be:

a. to represent the professional interests of the faculty and to advance the standards and ideals of the profession;

b. to improve the terms and conditions of employment of the faculty through the process of collective bargaining; and

c. to further higher education and research in the university in concert with students, administration, the Portland State University Board of Trustees and other stakeholders in higher education in Oregon.

3. This AAUP chapter will be operated to qualify as a labor organization under section 501 (c) (5) of the Internal Revenue Code for the above stated purposes.


Article II - Membership and Association

There shall be four categories of membership: Active, Associate, Graduate Student, and Emeritus. Membership is contingent upon payment of appropriate national, state, and local dues and fees. All members of the chapter shall be members of the National AAUP. If an affiliation agreement is in place with the Oregon Conference of the AAUP (AAUP-Oregon) all members of the chapter shall be members of AAUP-Oregon as well. Eligibility requirements for each of these categories and the extent of membership rights are as follows:

a. Active Members. Any member of the Portland State University Faculty who is included within the collective bargaining unit as determined by the Employment Relations Board certification or as agreed by the parties in negotiation. Active members shall have full voting rights upon initiation of membership and may run for office upon initiation of membership. Except within Article II and wherever the context of provisions of this Article clearly imply otherwise, the terms "member" and "membership" as used in this Constitution and its Bylaws shall refer only to Active Members.

b. Associate members. Any member of the Portland State University Faculty who is not included within the collective bargaining unit and who is eligible for Active Membership in the National AAUP. Associate members will have voting rights in any chapter matter not concerned with collective bargaining, including the election of officers and councilors. They are eligible to serve as members of appointed committees; however, they are not eligible to hold office.

c. Graduate Student Members. Any person who is, or within the past five years has been, a graduate student and is not eligible for Active Membership in the Chapter. Graduate Student Members shall not have voting rights, nor are they eligible for service on the Executive Council, Unit Representative Committee, or Negotiating Team.

d. Emeritus Members. Any member retiring for age or disability may be transferred at his or her own request, to Emeritus Membership with the approval of the Executive Council. Emeritus Members shall have no voting rights, shall not hold office, and shall pay no Chapter dues. Emeritus members shall pay their dues directly to the national AAUP.
 

Article III - Officers

1. Officers. The Officers of the Portland State University Chapter shall be a President, a Vice President for Collective Bargaining, a Vice President for Academic Freedom and Grievance, a Vice President for Membership and Organizing, a Secretary, and a Treasurer. The Executive Council shall consist of these six officers, the Immediate Past President, and seven other councilors. The Executive Committee of the Council shall consist of the six officers and the Immediate Past President. The Immediate Past President shall be defined as the person who has served as President most recently within the previous two years.

2. Term of office. The terms of office of the members of the Executive Council shall be two years. The terms of office of the President, the Vice President of Collective Bargaining, the Vice President for Membership and Organizing, the Immediate Past President, and four Councilors will begin in even numbered years, and those of other council members shall begin in odd numbered years. Except for the Immediate Past President, members of the Executive Council shall be elected by secret ballot as provided in the Bylaws.

3. Vacancy in office of President. In case of a vacancy in the office of President, the Vice President of Collective Bargaining shall succeed to that office until an election can be held. The election will follow the guidelines outlined in Sec. 4 for the replacement of vacancies in other offices.

4. Vacancy in other offices. In case of a vacancy in any other Executive Council office except that of Immediate Past President, the Council shall elect a member to serve until the next regular election. At least one week's notice to the Council shall precede such elections. The Council shall initially consider as replacements unsuccessful candidates from the previous two elections, voting on each in the order of votes received. If the term of the office extends one academic calendar year or more, then a member shall be elected by the membership to serve the duration of the unexpired term. A vacancy will automatically occur, unless overruled by the Council, when any member misses three consecutive meetings or more than one third of the meetings per term without good reason. A temporary vacancy may be declared either by the Council or by the member involved, in the case of a legitimate inability to attend regular meetings over an extended period of more than five weeks. The member involved may suggest to the Council a replacement who will be considered along with unsuccessful candidates from the previous two elections. Replacements will have full Council privileges. The original incumbent must inform the Council in writing before resuming office.

5. Incumbents are eligible for reelection.

6. Recall of officers and councilors. A majority of the Executive Council or a Petition of 40% of the membership may require a recall election of any officer of councilor. The membership will vote on recall with a majority of those voting deciding.

7. Responsibility of officers.

a. The President shall call meetings of the Executive Council and the Chapter and preside at those meetings. The President shall be responsible for implementing and administering decisions of the Chapter and the Executive Council and shall have such other duties as may be assigned by the Executive Council. The President and his or her designated alternate shall serve as spokesperson for the Chapter. He or she or an alternate designated by the Executive Council shall represent the Chapter at national and regional AAUP meetings. The President may delegate the Chair of the Unit Representative Committee to another Council member in the position of Vice President of Membership and Organizing is vacant.

b. The Vice President for Collective Bargaining shall be responsible for the coordination of activities of the Chapter for collective bargaining. In the absence of the President, he or she shall preside at meetings of the Executive Council or chapter.

c. The Vice President for Academic Freedom and Grievances shall be primarily responsible for academic freedom and grievance matters.

d. The Vice President for Membership and Organizing shall primarily be responsible for building and maintaining the membership of the chapter through internal organizing. He or she shall serve ex-officio as Chair of the Unit Representative Committee.

e. The Secretary shall be responsible for the minutes of the meetings of the Executive Council and the Chapter, and shall maintain a file of all official records and correspondence.

f. The Treasurer shall develop the yearly budget for approval by the Executive Council, advise the office staff on day-to-day bookkeeping matters, and arrange for a yearly audit.
 

Article IV - The Executive Council

1. The Executive Council shall be responsible for determining the policies of the Chapter in accordance with Article I. It shall have the authority to create committees, to expend funds, to employ persons including legal counsel, to receive contributions in the name of the chapter, and to obtain and hold property. It may delegate the exercise of any of these authorities to the President.

2. The Executive Council shall have the authority to recommend the level of local dues for the various categories of membership subject to approval of those levels by a majority of the members voting.

3. A majority of the Council shall constitute a quorum.

4. The Executive Council shall have the authority to give final approval to the negotiated contract, subject to ratification by the membership as provided in Article VII, 8.

5. Any action taken by the Executive Council may be overruled by a two-thirds vote of the members voting. A vote to overrule must be taken within two academic calendar months of the action, and notice of intention to call such a vote must be given the Council within one academic calendar month of the action. If a regular meeting is not scheduled within the two month period, a special meeting may be called as provided for in Article VI.

6. The Executive Council may suspend the bylaws for the duration of a meeting by a 3/4 vote of a quorum attending that meeting.

7. Meetings of the Executive Council shall be open to members of the PSU-AAUP except when the Executive Council votes to go into closed session for purposes of confidentiality.

8. Collegial consensus will, in general, be sought in the conduct and decision making of the chapter and its bodies. However, when more formality becomes appropriate to expedite a democratic decision, meetings will be conducted according to Robert's Rules of Order.
 

Article V - The Executive Committee

Meetings of the Executive Committee will be called by the President as needed to make decisions upon the specific means of implementing Council policies. Decisions made by the Executive Committee are subject to review by the council.
 

Article VI - Chapter Meetings

1. Meetings of the Chapter will be called by the President or the Executive Council.

2. The President or Executive Council shall call at least one general membership meeting per academic year.

3. A Chapter meeting must be called within one academic calendar month of the receipt by the President of a petition requesting such a meeting and signed by at least 20 members of the Chapter.

4. The quorum for meeting of the Chapter shall be ten percent of the membership.

 

Article VII - Rights of Portland State University Faculty

1. No fair share agreement may be ratified without an affirmative vote of the bargaining unit as provided under Oregon Revised Statutes (ORS) chapter 243.

2. Any bargaining unit member who is paying under a fair share agreement as defined in ORS Chapter 243, but who is not a member of the Chapter, and who objects to activities not germane to collective bargaining may request a refund of that portion of the payment in lieu of dues which is used to support activities not related to collective bargaining, under procedures established in the Bylaws.

3. Procedures for religious objection pursuant to Oregon Revised Statute 243.666 are provided in the collective bargaining agreement between Portland State University and the Chapter.

4. Every faculty member at Portland State University shall retain the right to pursue grievances with the administration of Portland State University as provided under ORS Chapter 243.

5. PSU-AAUP shall do nothing which infringes upon the academic freedom of any individual Portland State University faculty member as defined by AAUP standards.

6. PSU-AAUP will not discriminate against any faculty member in violation of federal or state law or on the basis of sexual orientation.

7. No strike as defined under ORS 243 or other concerted job action will be authorized or undertaken without an affirmative vote of the active membership.

8. A majority of the active members voting by secret ballot shall be necessary to ratify contracts agreed to during negotiations.


Article VIII - Association Funds

1. Private Inurement.  No part of the net earnings of this organization shall inure to the benefit of or be distributed to any director, employee or other individual, partnership or entity having a personal interest in the chapter. Compensation for service rendered and reimbursement for expenses actually incurred in attending to the affairs of the chapter shall be limited to reasonable amounts.

2. Chapter Dissolution. Upon dissolution of the chapter, its assets shall be disposed of exclusively by transfer to the PSU unrestricted student scholarship fund or to its successor.
 

Article IX - Amendments

Amendments to the Constitution may be proposed by the Executive Council or by a petition to the Executive Council signed by fifty members. A proposed text shall be circulated by the Executive Council, with its recommendation, to the membership, for information and response 15 days prior to submission to the membership of the final text for voting. Recommendations for revisions may be submitted to the Executive Council during this 15-day period. The Executive Council shall have the right of final decision on revisions for purposes of presentation and vote. Voting upon the amendment(s) shall take place after 30 days’ notice to the total eligible membership. A two-thirds vote, either by those voting by mail or e-mail ballot circulated to the total eligible membership.
 

Bylaws

as amended June 5th, 2014
1. Nomination for Office
2. Election of Officers and Council Members
3. Unit Representatives Committee
4. Communications Committee
5. Negotiating Team
6. Legislative and Political Action Committee
7. Dues, Fees, and Assessments   
8. Fair Share Fee Payers
9. Contributions
10. Grievance Procedures
11. Loss of Membership
12. Affiliation Agreements
13. 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 of 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 than 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-large 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. 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 in a timely manner. 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. Legislative and Political Action Committee

The Legislative and Political Action Committee shall consist of a member of the Executive Council and members appointed by the Executive Council with the following charge, and in accordance with Association Policy 06- Legislative Review and Endorsement Process:

a. To review pending legislation and legislative concepts; provide feedback to the Executive Director for advocacy, and recommend positions as needed to the Executive Council,

b. Craft legislative concepts, initiatives and work with Executive Director to advocate our broad interests in all political arenas.

c. Interact with legislators and government leaders on behalf of higher education faculty.

d. Recommend endorsements, financial contributions and chapter activism for endorsed candidates in elected positions of interest and ballot initiatives to the Association

e. Inform and engage the Association membership on legislative and political action matters.

7. 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.

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.
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.

8. 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.

    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.

9. 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.

10. 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.

11. Loss of Membership

Failure to pay dues shall result in loss of membership.

12. Affiliation Agreements

a. The Association may align with organizations through formal and informal affiliation agreements.

b. Any formal affiliation in addition to National AAUP shall be through written agreement. All written affiliation agreements must be adopted by a majority vote of the Executive Council. Within fifteen days of the Executive Council vote, the affiliation agreement shall be sent to the membership. The membership will then have fifteen days to call for a recall of the affiliation agreement, or modifications or additions to the agreement. In order to file a recall or request changes to the affiliation agreement, the membership must present a recall or change petition signed by 20 members. Within fourteen days of receipt of the petition the Executive Council will meet again to discuss the recall or changes sought. The recall/change meeting will be open to the membership and the membership must be notified of this meeting at least ten days in advance. If the petition is a change petition (a request to change an aspect of the affiliation agreement), the Executive Council will seek to understand the changes sought and then agree or disagree to seek changes with the Affiliate organization. The new Affiliation agreement, if consummated, must be noticed in compliance with this section; if there is no change to the affiliation agreement after discussion with the affiliation organization the notice to the membership shall indicate as such and the only petition that can be filed under this section shall be a recall petition. If the petition is a recall petition, the Executive Council can choose to either withdraw the affiliation agreement or present the affiliation agreement to a vote of the membership.

c.  Affiliation Agreements shall comport with the following requirements:

1. No affiliation agreement can require an alteration of our constitution and bylaws or an alteration of the Association’s governance structure.

2. The affiliate organization shall have a mission, principles and objectives that are not inconsistent with the Association’s mission, principles, and objectives.

3. The Association shall be able to retain full control over its operations and costs.

4. The Association shall retain control of its obligation to advocate and act in its own interests.

5. The Association shall not commit to any affiliate relationship where the affiliate can impose assessments, or automatic dues or fee increases. All dues and fees arrangements shall be through affiliation agreement.

6. The Association shall have the ability to disaffiliate through a simple 60 day severance clause in the affiliation agreement.

7. The Association shall not cede to any other organization any rights of receivership, any ability to remove Association leadership, any right to any claim on Association funds, or any rights otherwise bestowed on the Association through its constitution, bylaws, policies, standing rules, its certification document, or any other right known or declared by the Association.

8. The Association shall have a fair level of representation in governance and decision-making to other similarly affiliated organization.

13. 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.