By-Laws
Article I. NAME.
This Local shall be known as United Campus Workers of Virginia – Communications Workers of America (UCWVA–CWA), Local 2265.
Article II. JURISDICTION.
The jurisdiction of the Local shall be workers employed on any higher education campus or office across the commonwealth of Virginia.
Article III. STRUCTURE.
The structure of the Local shall consist of the following:
1) Members.
2) Executive Board.
3) Chapter Members.
4) Chapter Steering Committees.
Article IV. GOVERNING AUTHORITY.
The affairs of the Local shall be governed by its members in accordance with the Constitution and policies of CWA in the following manner:
(a) Through action taken in membership meetings or by referendum of the membership.
(b) Through actions and decisions of the duly elected Executive Board.
Article V. MEMBERSHIP.
Section 1. Eligibility.
(a) All employees of Virginia public colleges and universities who do not serve in the field of management or law enforcement are eligible for membership.
(b) Employees eligible for membership include but are not limited to undergraduate student workers, graduate student workers, housekeeping and custodial staff, food service staff, librarians and library staff, nurses, hospital staff, professors, department chairs, and academic advisors.
(c) Members of the Local who are on leaves of absence from their employment or who are employed on a full-time or part-time basis by the Local or who are or may be retired for any reason may continue to be active members.
(d) No person, otherwise eligible for membership, shall be denied membership in the Union because of sex, race, color, creed or nationality.
(e) No person, otherwise eligible for membership in the Local, shall be admitted to membership if the person has been fined, suspended or expelled by a Local in this Union, until the person has complied with the terms of such fine, suspension or expulsion.
(f) Executive Administration, Human Resources, and Campus Police are ineligible. Ineligible positions include but are not limited to: Assistant Deans, Deans, Provosts, Presidents, Vice Presidents, Chief Operating Officers, Human Resources Director.
Section 2. Application.
Membership in this Local shall be obtained upon the approval of the Welcoming & Membership Committee. It is subject to the right of the Executive Board to overrule the decision of the Welcoming & Membership Committee.
Section 3. Good Standing.
A member in good standing is one whose dues are not more than sixty (60) days in arrears.
Section 4. Retirement.
Members in good standing who retire or otherwise leave public service employment may continue as members.
Section 5. Membership Meetings.
(a) Local membership meetings shall be held annually.
Section 6. Membership data
(a) Membership data shall include but is not limited to information collected on membership forms, through grievance processes, and interest lists.
(b) Collected membership data shall become property of the Local.
Section 7. Rights and Responsibilities of Membership.
(a) The following decisions are made by full membership vote: the election of the Local Officers, setting the amount of Local monthly dues, otherwise amending these Bylaws, and the decision to authorize a strike.
(b) The At-Large Members of the Executive Board shall be elected by the full membership of their respective Chapters.
(c) A referendum of 5% of the membership may at any time require from any Local member or body a full and detailed statement of account of any action or business done in the name of the Local.
(d) No member(s), Executive Board member(s), or staff may enter into any agreement in the name of the Local without approval or designated authority of the Executive Board.
(e) No member(s), Executive Board member(s), or staff, may undertake organizing campaigns that contradict the labor rights or a class of workers represented by the local or the work of an active Area Committee.
Article VI. LOCAL OFFICERS, CHAPTER REPRESENTATIVES, AND EXECUTIVE BOARD.
Section 1. Local Officers.
(a) The Officers of the Local shall be:
- the Local President,
- Local Vice President,
- Local Treasurer, and
- the Local Secretary.
(b) The duties of Local Officers shall be as follows:
- The Local President.
The Local President shall preside at all Local Membership Meetings, and at meetings of the Local Executive Board, and shall be responsible for the conduct of all Local business, including:
- Supervising all Local committees;
- Approving all bills to be paid, and countersigning all checks drawn on the Local treasury; and
- Performing such other additional duties as may be assigned by the Local, the Local Executive Board or required by the policies or Constitution of the Union.
- The Local Vice President.
The Local Vice President shall perform such duties as may be assigned by the Local, the Local Executive Board or the Local President, and shall perform the duties of the Local President in their absence.
- The Local Secretary.
The Local Secretary shall:
- Maintain a record of the Local membership;
- Record and maintain the minutes of all meetings of the Local and the Local
Executive Board or Local; - Furnish the District Vice President and the International Secretary-
Treasurer with copies of any changes in these bylaws within ten (10) days
after such changes are adopted; - Certify the Local delegates to the Union Convention to the International
Secretary-Treasurer within the time limits specified in Article VIII of the
Union Constitution; and - Perform such other additional duties as may be assigned by the Local, the
Local Executive Board or the Local President.
- The Local Treasurer.
The Local Treasurer shall:
- Be custodian of all assets of the Local;
- Report to each membership meeting on the financial status of the Local;
- Be bonded, as must any other person who handles Local funds or other property in accordance with the Union Constitution or any state or federal law;
- Cause the payment of all bills approved by the Local President;
- Cause the proper filing of all reports or filings required by federal, state or local law; and
- Perform such other additional duties as may be assigned by the Local, the Local Executive Board or the Local President.
Section 2. Chapter Representatives.
The Local shall have Chapter Representatives according to the procedure in Article IX. The first Chapter Representative in each chapter shall serve as Chair of the Chapter Steering Committee. The duties of the Chapter Representatives shall be as follows:
- Attend meetings of their chapter to determine the needs, sentiments, and perspective of the members in order to properly represent them at meetings of the Executive Board;
- Attend Executive Board meetings and General Membership meetings; and
- Assist the Local President in effectuating policies and activities of the Local.
Section 3. Executive Board.
(a) The Executive Board shall serve as the highest decision-making body of the Local. Its decisions and actions may not contradict decisions made through member referendum or these Bylaws.
(b) The Executive Board shall make decisions by majority vote.
(c) In the event of an even number of Executive Board members, in regard to a specific vote where all Executive Board members have been given proper opportunity to vote and there is a tie, the will of the President shall decide the matter.
(d) The Executive Board of the Local shall consist of the Local Officers and Chapter Representatives.
Section 4. Eligibility.
Any member in good standing shall be eligible for election to the Executive Board; however no member may serve in more than one (1) position on the Executive Board simultaneously.
Section 5. Electronic form of communications.
(a) The Executive Board shall designate an electronic form of communication of record. The Executive Board may carry out votes through the designated electronic form of communication by a two-thirds majority.
(b) The voting period shall never be less than 24 hours and only be less than 72 hours under emergency circumstances. In the event that the vote will close in less than 72 hours, the vote initiator must indicate why it’s an emergency, and the vote may be overturned by a simple majority within thirty (30) days of the vote.
(c) All electronic vote initiations shall be stand-alone. They shall begin with the language “Call for a vote…” and mark the opening time, closing time, and the language of the vote itself. Any vote carried out electronically that fails to meet the two-thirds threshold shall not prohibit the vote initiator from raising it at an Executive Board meeting seeking a simple majority.
Article VII. NOMINATION AND ELECTION OF THE EXECUTIVE BOARD.
Section 1. Nomination.
(a) Local Officers and members of the Executive Board shall be nominated in the month of September of each election year.
(b) Nominations shall be made by general membership. It is the responsibility of the nominating member(s) to indicate if their nominee has agreed to stand for the position for which they are being nominated.
(c) All members must be notified of the offices to be filled and the proper method of submitting nominations at least fifteen (15) days prior to the date nominations are due.
Section 2. Election.
(a) Elections of Local Officers and members of the Executive board shall be held in the month of December of each election year.
(b) The election of the Executive Board shall be held by secret ballot. The ballots may be cast in person, by mail, or by secure electronic means, or a combination thereof as decided by the Local Election Committee and upon approval of the Executive Board.
(c) Notice of elections (and referendum ballots when applicable) shall be sent to each member not less than fifteen (15) days prior to the date and time set for the return of the ballots.
Section 3. Local Election Committee.
(a) The nomination and election of the Executive Board shall be conducted under the supervision of the Local Election Committee. This committee shall have the authority and responsibility to see that nominations and elections are conducted in accordance with federal law, the CWA Constitution and these Bylaws, with reasonable opportunity for each member to nominate and vote for the candidate of their choice.
(b) The Local Election Committee shall also conduct any referenda submitted to the membership.
(c) All questions concerning the conduct and challenges of elections shall be determined by the Local Election Committee, subject to the right of appeal to the governing body and membership of the Local in accordance with Article XV of the CWA Constitution.
Section 4. General Provisions.
(a) Only members of the Local in good standing shall be eligible to vote for the Executive Board.
(b) The nominee in any election for Executive Board member receiving the majority of the votes cast shall be declared elected. If no one nominee has a majority on the first ballot, the vote shall be taken again and the two (2) nominees having the greatest number of votes shall be nominees on the second ballot.
(c) The nominees in any other election receiving the greatest number of votes cast shall be declared elected. If no one nominee has a majority on the first ballot, the vote shall be taken again and the two (2) nominees having the greatest number of votes shall be nominees on the second ballot.
(d) The term of office shall be for three (3) years.
(e) The term of office of the outgoing Executive Board shall expire thirty (30) days after certification of the election results, by which time they shall have delivered all books, records, monies and property to the newly elected Executive Board.
(f) The membership and/or Executive Board shall have the power to define additional responsibilities for Executive Board members as needed.
Section 5. Resignation and Vacancies.
(a) An Officer may resign in writing to the Local President or by verbal announcement at an Executive Board meeting or membership meeting.
(b) In case of a vacancy in the office of Local President, the Local Vice President shall immediately assume all responsibilities of that office.
(c) In the event a member of the Executive Board resigns, the Executive Board may, by simple majority vote, appoint an interim replacement. This vote shall include the resigning member whenever possible.
(d) Upon word of the resignation, the Executive Board must make the announcement to membership. Members may submit a petition for an election to fill the vacancy within two weeks of the announcement. The petition must contain signatures of 5% of the membership in good standing within the jurisdiction, and a statement of intent to run from a nominee. An additional two weeks will begin to accept additional nominations. The election shall be held within sixty (60) days after the resignation.
(e) If no petition for a new election is submitted, the Executive Board member appointed shall be considered approved by the membership and serve in that capacity until the next election or their resignation.
Article VIII. CHAPTERS.
(a) Chapters of the local shall be based upon respective higher education institutions.
(b) Each chapter becomes eligible for representation on the Executive Board by achieving 50 members, and gains an additional representative every 500 members thereafter.
(c) Every chapter shall elect Chapter Representativesby majority vote. The first Chapter Representative of each Chapter shall be known as the Chapter Chair. The Chapter Chair shall serve as the Chair of the chapter’s Steering Committee.
(d) The Local Elections Committee shall evaluate the number of members at a chapter 3 months before nominations begin and again 1 month before nominations for the Executive Board begin. If either evaluation surpasses the 50 member threshold, that chapter then has the opportunity for their Chapter Chair, and additional representatives by the above formula, to be seated on the Executive Board as Chapter Representatives.
(e) When a chapter reaches the 50 members threshold in between Executive Board elections, that Chapter Chair may be onboarded as an Chapter Representative in a voting capacity by a unanimous vote of the Executive Board or invited to join the Executive Board as a Chapter Representative in a non-voting capacity by a majority vote of the Executive Board.
Article IX. LOCAL COMMITTEES.
The Local shall have the following statewide committees:
- The Political Coalition And Policy (PCAP) Committee
- The Welcoming & Membership Committee
These committees shall assist the Executive Board in setting and effectuating policy within their respective areas of focus.The Executive Board may remove any member of any Local committee by majority vote. Members by way of referendum may overrule the appointment or removal of any committee member by the Executive Board.
Article X. CONDUCT OF MEETINGS AND LOCAL BUSINESS.
Section 1. Conduct of Business.
Membership meetings and any other business of this Local shall be conducted under these Bylaws and rules of the Local and in conformity with the CWA Constitution.
Section 2. Due Notice.
Due notice of at least seven (7) days must be given prior to any Local meeting via physical and/or electronic mail.
Section 3. Quorums.
(a) The number constituting a quorum for all governing body decisions shall be at least 20% of total membership.
(b) The percentage constituting a quorum for all membership votes shall be 50% of all total members.
Article XI. LOCAL DELEGATES TO THE UNION CONVENTION
(a) The nomination of a person for the office of President, Vice President, Secretary, and Treasurer shall also constitute the nomination of the same person as a delegate to the Union Conventions held during the term of office for which the election is being conducted. The nomination of a person for the office of President shall also constitute the nomination of the same person as the Chairperson of the Delegation to the aforementioned conventions.
(b) A vote cast for a candidate for the office of President, Vice President, Secretary, and Treasurer shall also constitute a vote cast for such candidate to serve as delegate to the Union Conventions held during the term of office for which the election is being conducted, in the event such candidates are elected President, Vice President, Secretary, or Treasurer. A vote cast for a candidate for the office of President shall also constitute a vote for the same person as the Chairperson of the Delegation to the aforementioned conventions in the event that such candidate is elected.
(c) In the event the Local delegation consists of more than one delegate to the Union Convention, the Local shall determine the convention votes assigned to each delegate in accordance with Article VIII of the Union Constitution.
Article XII. RECALL OF EXECUTIVE BOARD MEMBERS.
Executive Board members may be recalled in accordance with the provisions of Articles XXI, Section 2, and XXII, Section 8, of the CWA Constitution. A recall petition must be preferred by twenty percent (20%) of the membership.
Article XIII. REFERENDUM.
A local-wide referendum on any organizational question may be initiated by the Local Election Committee when directed to do so by the Executive Board or by member petition. Following a petition of 5% of the members, the Local Election Committee shall poll the members. If 30% of the members are in favor of the referendum, the Local Election Committee shall initiate the referendum. Questions submitted for referendum shall be decided by majority vote of those voting on the question.
Article XIV. FINANCES.
Section 1. Fiscal Year.
The fiscal year of the Local shall be from October 1st of each year to and including September 30th of the succeeding year.
Section 2. Bank Accounts.
All bank accounts shall be in the name of the Local and shall bear the signatures of the Local President, Local Treasurer, and up to two others designated by the Executive Board.
Section 3. Allocation of Funds.
The Executive Board shall be responsible for allocating funds. The membership, Executive Board, or any committee may request a full account of all receipts and expenditures from any member or body of members.
Article XV. POLICY & AMENDMENTS.
Section 1. Amendment procedures
After adoption, these Bylaws will be reviewed every three years by a statewide bylaws committee and brought into alignment with best practices and membership needs, and may be amended by either referendum of the membership or by a quorum of members. Votes to ratify bylaws can be handled asynchronously online or by paper ballot over a 7-day window. Notice of amendments will be provided via a membership meeting, a Local newsletter, or by U.S. mail, postage prepaid, at least seven (7) days in advance of the date voting takes place.
Section 2. Bylaws committee
Every three years, or upon a successful referendum vote, the Executive Board shall convene a bylaws review committee consisting of a minimum of five (5) Local members, with one (1) committee member being from the EB. Each chapter of the Local shall have two (2) seats reserved on the bylaws review committee, with the option to delegate one of the two seats to someone of the EB’s choosing. The committee’s responsibilities will include: reviewing the process by which the bylaws are implemented, soliciting feedback from members about the bylaws, and making suggestions for amendment to the general membership.
Section 3. Policy
(a) The Executive Board shall, by majority vote, set the policy of the statewide Local. No policy shall contradict the bylaws.
(b) The Chapter Steering Committee shall set the policy of the chapter. Chapter-level policy must be supportive of coherence across the statewide Local and responsibilities for operations as directed by the Executive Board. No Chapter level policy shall contradict the bylaws or Executive Board policy.
(c) The Executive Board shall maintain a policy document and ensure it is accessible to the membership. Chapters shall share their policy with the Executive Board and maintain a distinct policy document available to their membership and the Executive Board.
Article XVI. ADOPTION
These bylaws shall be adopted upon the approval of a majority of the members voting upon their adoption in the membership meeting called for that purpose or by referendum of the membership.