Chapel Garden

FAC Constitution

University of Scranton
Faculty Affairs Council
Constitution
 
Approved May 16, 1995
as amended April, 1996,
December 1998, April, 2009
Article I.  Name and Objective

1. The name of this organization shall be the Faculty Affairs Council (FAC), recognized by the National Labor Relations Board and the University of Scranton as the exclusive agent for the faculty of the University of Scranton.

2. The objective of FAC shall be to improve the terms and conditions of employment of the full-time faculty through the process of collective bargaining.

Article II.  Membership

All full-time faculty members included in the bargaining unit are eligible for membership. Membership is contingent upon payment of dues.

Article III.  Executive Committee

1. The Executive Committee of FAC shall consist of five elected officers as follows:

     a. Chair
     b. Grievance Officer
     c. Secretary
     d. Treasurer
     e. Contract Administration Officer
 

2. The duties of the Executive Committee shall be as follows:

a. To call meetings of FAC and set the agenda for such meetings.

b. To approve expenditure of FAC monies and to determine appropriate investment of FAC funds.

c. To represent FAC before the University administration in dealing with issues regarding salary, benefits, and working conditions.

d. To determine which Executive Committee members will occupy each of the positions specified in Article III, Section 1.

e. To form ad hoc committees to deal with issues not specifically assigned to standing committees.

f. To make appointments to standing and ad hoc committees with an eye towards broad representation of FAC constituencies.

3. The designation of specific positions set forth in Article III, Section 2.d shall occur at the first Executive Committee meeting following any election to the Executive Committee.  At the same meeting, one of the officers shall be designated as Vice Chair, who will assume the duties of the Chair when the Chair is absent or unable to perform his or her assigned duties.  This meeting must be held within 30 days of an election, and the results of this reorganization shall be announced to the membership within two weeks of the meeting.

4. The duties of the officers shall be as follows:

a. Chair - To serve as presiding officer at FAC meetings and Chair of the Executive Committee.

b. Grievance Officer - To administer the grievance process and serve as the -exoff icio member of the Grievance Committee.

c. Secretary - To arrange for elections and to give timely notice of the results of such elections; to maintain records of meetings and to conduct necessary correspondence including notice to FAC members of meetings and agenda items.

d. Treasurer - To receive all FAC monies due, to deposit them in the name of FAC, to make disbursements of cash in payment of FAC obligations, to prepare an annual financial report of FAC's operations and financial position, and to cooperate in an annual audit conducted by one or more FAC members selected by the Executive Committee.  The Treasurer should also be bonded in a manner determined by the Executive Committee.

e. Contract Administration Officer - To monitor compliance with the collective bargaining agreement and university regulations and policies which impact wages, hours, and working conditions; to oversee the implementation of FAC's education
program.

f.  Officers shall also perform other duties as specified by the Executive Committee, including service as ex officio members of FAC committees.
 

5. Election to the Executive Committee

a. Elections shall be held by secret ballot and shall take place during the month of November or December for those seats left vacant by expired terms of off ice.  Newly elected members shall then undergo a training period until they take office on June 1 of the following year.

b. The Secretary shall solicit the entire membership for nominations at least two weeks before the election.  All nominations must be submitted in writing so that an announcement of candidates can be made at least two days before the election.  The
announcement formally closes nominations.

c. If the number of candidates is more than twice the number of openings on the Executive Committee, a primary election shall be held, and the top vote getters, equal in number to twice the number of positions to be filled, shall participate in a runoff election.

6. The terms of office for members of the Executive Committee shall be two years and shall be staggered so that no fewer than two officers shall be elected each year.  Incumbent officers are eligible for reelection.

7. In case of vacancy on the Executive Committee, an election shall normally be held within 30 days to fill the vacancy for the remainder of the exiting office's term. In the event that the end of this period falls during the summer or intersession, the election shall be held within 30 days of the resumption of the regular semester.  If the vacancy is in the office of Chair, the Vice Chair shall succeed to that office until a new Executive Committee member is elected, at which time the full Executive Committee shall meet to designate FAC officers.

8. In the event that an officer resigns from a particular office but does not resign from the Executive Committee, the Executive Committee shall vote on whether to accept the resignation and then shall reconvene to designate new positions as set forth in Article III, Section 2.d.

Article IV.  Standing Committees

 



1. Grievance Committee

a. Membership shall be determined by the Executive Committee and shall consist of FAC members.
b. The Chair of the committee shall be appointed by the Executive Committee.
c. The duties of the Grievance Committee shall be as follows:
   1)to advise and assist the Grievance Officer in the grievance process.
   2)to make non-binding recommendations to the Executive Committee regarding
       the disposition of specific complaints and grievances.
d. Individual members of the committee may be assigned by the Grievance Officer to investigate specific grievances.

2. Salary and Benefits Committee

a. Membership shall be determined by the Executive Committee and shall consist of FAC members.

b. The Chair of the committee shall be appointed by the Executive Committee.

c. The duties of the Salary and Benefits Committee shall be to monitor the economic status of the faculty and the profession and to make non-binding recommendations to the Executive Committee regarding salaries and benefits.

Article V. Negotiating Team

1. Membership shall include all FAC officers who choose to serve.  Membership may also include FAC members nominated by the officers, as well as other individuals deemed necessary by the Executive Committee (e.g. legal counsel).  At least one member of the Negotiating Team must be a member of the Executive Committee.

2. In order to serve on the Negotiating Team, nominated FAC members must be ratified by a majority vote, with at least one third of the membership voting.
 

3. The Executive Committee shall designate a Chief Negotiator.

4. If negotiations are in progress at the time of the election of Executive Committee members, the current Negotiating Team shall continue negotiations to the completion of a contract agreement.  Newly elected Executive Committee members may choose to join the Negotiating Team at the beginning of their terms of office.

Article VI. Meetings

1. The Executive Committee shall have the right to call meetings of FAC and shall be bound by the instructions transmitted to them at such meetings.

2. The Executive Committee must convoke at least one such meeting during both the fall and spring semesters.

3. The Executive Committee must call a special FAC meeting within two weeks of the receipt of a request for such a meeting signed by 20% or more of those holding membership, provided that adequate facilities are available.  In the event that no such facilities can be reserved within that time, the Executive Committee will convoke a special meeting as soon as facilities become available.

4. The Executive Committee will announce the time and place of general FAC meetings by campus mail sent out at least one week in advance of such meetings.

5. Items submitted prior to a general FAC meeting and having the sponsorship of ten members as evidenced by their signatures will be added to the announced agenda of the meeting.
 

6. Formal meetings shall be called for the purpose of public discussion of all proposals to amend the Constitution, change annual dues, ratify collective bargaining agreements, and initiate formal job actions.  After such a meeting, the Executive Committee shall compose and submit in writing a formal proposal to the members of FAC so that a vote following the procedures noted in Article VII, Section 2 can be held.

7. At FAC meetings, all members shall have the right to vote.  The most recent edition of Robert's Rules of Order will determine parliamentary questions and procedures, except when Robert's Rules conflict with FAC's Constitution.  The Executive Committee shall designate a parliamentarian to rule on questions of parliamentary procedure.  Anyone disrupting a meeting may be ordered by the Chair to leave.

8. Ordinarily, members of the bargaining unit who are not members of FAC may not be admitted to meetings.  Permission to attend a meeting and permission to speak may be granted to such individuals by a majority vote of those members present.

Article VII. Voting and Elections

1. Unless otherwise specified, one third of the membership of FAC shall constitute a quorum in all matters requiring membership ratification or approval, either at meetings or by secret written ballot.

2. Election of members to the Executive Committee and all votes on Constitutional amendments, dues changes, proposed collective bargaining agreements, and formal job actions must be conducted by secret written ballot with a supervised check-off list.
 

3. When a meeting of FAC, called under Article VI fails to achieve a quorum or loses its quorum prior to a vote on item(s) on the agenda for the meeting, the Executive Committee shall have the right to conduct a forum for the members present on the item(s) and to conduct a mail ballot of the membership, provided the item(s) is not otherwise covered by Article VI, paragraph 6. Approval requires a majority vote of ballots returned by at least a quorum of the membership.

4. Strike votes require a majority vote of the entire membership.

Article VIII. Dues

1. Once fixed at a certain amount, membership dues will remain constant from one year to the next.  However, when necessary, changes in dues for the upcoming academic year may be proposed by the Executive Committee and approved through secret written ballot by a majority of the voting members, with at least one third of the membership voting, during April or May of the academic year preceding the effective date of the dues change.

2. No dues will be assessed during the time that a member is not drawing any salary from or through the University.

3. Dues may be collected by a voluntary deduction from payroll in accordance with the law.  Permission to deduct dues from payroll must be sought in writing from the individual FAC members. If the FAC member fails to grant permission in writing to deduct dues from his or her pay, he or she must be contacted in person by a member of the Executive Committee.

Article IX. Discipline and Due Process

1. No member may be expelled from FAC for any reason as long as faculty status is retained.
 

 2. Members of the bargaining unit may be censured for conduct detrimental to the bargaining unit.

3. Censure proceedings may be brought against a member of the bargaining unit by the Executive Committee, which shall consult, in each instance, with legal counsel.

4. In the event censure proceedings are instituted against a member of the bargaining unit, the accused will have a reasonable opportunity to present a defense against the charge(s) before the Executive Committee, which will make a recommendation to the membership.  The accused will also have an opportunity to present a defense before the general membership at a special meeting convened by the Executive Committee after notice of two weeks.  A two-thirds majority vote of the members present, with at least one-third of the membership voting, is required to censure a member of the bargaining unit.

5. Proceedings to remove a member from the Executive Committee follow the same procedures outlined in Sections 3 and 4 above, except that a two-thirds vote of the entire membership shall be required.

Article X. Amendments

1. Amendments to this Constitution may be proposed for consideration at any regular or special meeting, provided that the proposed amendment is included in the written notice of the meeting.

2. Amendments may be presented by a petition signed by ten percent (10%) of the membership, or by resolution of the Executive Committee.
 

3. Passage of any amendment shall require a two-thirds majority vote, with at least half of the membership voting.



Article XI. Selecting Officers and Stewards and
Any Representatives To Other Bodies
Composed of Labor Organizations’ Representatives

The Grievance Officer of FAC is an elected position and is one of the five (5) offices which comprise the Executive Committee.

            In addition, the Executive Committee has the authority under the Constitution of FAC to appoint a Grievance Committee who shall advise and assist the Grievance Officer in the grievance process. The Chair of the Grievance Committee is appointed by the Executive Committee, and individual members of the Committee may be assigned by the Grievance Officer to investigate specific grievances.

            Grievances under the Collective Bargaining Agreement are processed by the Grievance Officer or, at the delegation of the Grievance Officer, by the Grievance Committee.

            FAC does not use the term “stewards” and such duties as would normally be undertaken by union stewards are performed by the Grievance Officer with or without the assistance of the Grievance Committee.

            FAC, through its affiliation with the American Association of University Professors, is entitled to participate in a Collective Bargaining Congress sponsored by the AAUP. The FAC delegate to such a conference is selected from the members of the Executive Committee on a rotating basis among the five (5) elected officers in the following order: Chair; Grievance Officer; Secretary; Treasurer; and Contract Administration Officer.

 



Article XII. Invoking Procedures By Which A Member
May Protest A Defect In the Election of Officers

            Any member who desires to challenge a ruling that he/she is ineligible to run for office shall appeal, in writing, within 48 hours after receipt of the ruling of ineligibility, to the Executive Committee of FAC, who shall decide such appeal within seven (7) days after receipt of the protest. Should the member’s appeal relate to a determination of ineligibility for a position held by a member of the Executive Committee, or allege an act or omission by a member or members of the Executive Committee as the basis for the appeal, such member or members of the Executive Committee shall recuse themselves from the determination of the member’s appeal and they shall be replaced by other members of FAC who shall be randomly selected from the roster of FAC members by the drawing of names by the Chair of FAC in the presence of the member whose appeal is pending.

            In the event there is any protest or charges made concerning an election or the conduct thereof by any member prior to the holding of the election, such protest or charge shall be made in writing by certified mail by such member within 48 hours of his or her knowledge of the act or event complained of prior to the election and shall specify the exact nature of the protest or charge. Such protest or charge shall be referred to the Secretary of the Faculty Affairs Council, who shall refer the protest or charge to the Faculty Affairs Executive Committee for disposition. Should the member’s appeal relate to an election for a position held by a member of the Executive Committee, or allege an act or omission by a member or members of the Executive Committee as the basis for the appeal, such member or members of the Executive Committee shall recuse themselves from the determination of the member’s appeal and they shall be replaced by other members of FAC who shall be randomly selected from the roster of FAC members by the drawing of names by the Chair of FAC in the presence of the member whose appeal is pending.

            Should there be any protest or charge by any member concerning the conduct of the election, after the election has been held, such protest or charge shall be made in writing by certified mail by such member within 48 hours of the final tally of ballots, setting forth the exact nature and specifics of the protest or charge and the protesting or charging party’s assertions with respect to how the actions or events protested or which form the basis of the charges affected the outcome of the election. Such protest or charge shall be made to the Executive Committee of FAC. The decision of the Executive Committee shall be final. Should the member’s appeal relate to an election for a position held by a member of the Executive Committee, or allege an act or omission by a member or members of the Executive Committee as the basis for the appeal, such member or members of the Executive Committee shall recuse themselves from the determination of the member’s appeal and they shall be replaced by other members of FAC who shall be randomly selected from the roster of FAC members by the drawing of names by the Chair of FAC in the presence of the member whose appeal is pending.

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