Constitution and By-Laws

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES

LOCAL R 3-19
SEIU / NAGE Local 5000
VAMHCS Chapter

CONSTITUTION & BY-LAWS

DATE OF ADOPTION
(8/10/2006) ARTICLE I
ORGANIZATION

Section 1. NAME: This organization shall be known as Local R 3-19 of the National Association of Government Employees (NAGE), which is affiliated with Service Employees International Union (SEIU) and may, also, be referred to as Veterans Administration Maryland Health Care System (VAMHCS) Chapter SEIU/NAGE, Local 5000.

Section 2. ORGANIZATION: This Local shall be organized and conducted within the framework of these Local By-Laws and the National By-Laws of the National Association of Government Employees and any amendments thereof.

Section 3. OFFICE: The Local shall maintain its headquarters and hold scheduled meetings at the place designated by the President subject to a majority approval by the Executive Board.

ARTICLE II
MEMBERSHIP

Section 1. QUALIFICATIONS: Subject to the provisions of this article any person shall be eligible for membership in this organization who is (i) employed by the federal government of the United States and a recognized part of the bargaining unit according to the certification (ii) pays all dues and maintains his/her dues on a current basis with the Union.

Section 2. NO DISCRIMINATION: There shall be no discrimination against any member, or any applicant for membership by reason of race, ethnicity, creed, color, religion, gender, marital status, sexual orientation, national origin, ancestry, age or disability.

Section 3. APPLICATION: An eligible applicant shall fill out a membership agreement prescribed by the Local.

Section 4. CERTIFICATE OF MEMBERSHIP: Each new member shall be issued a certificate of membership by the Local upon acceptance into the Local. A copy of the Constitution and By-Laws will be issued upon request.

Section 5. RECORDS OF ADMISSION: The Secretary of the Local shall maintain a list of the names, home addresses, and telephone numbers of all members of the Local and shall forward to the proper processing location, the original application signed by the member. A copy of the Certificate of membership shall be retained for record purposes at the headquarters of the Local.

Section 6. REINSTATEMENT: No person may become a member of Local R3 -19 who has at any time been found guilty of any conduct violation of Article IX of this Constitution dealing with discipline without obtaining a waiver of these provisions by the Executive Board of the Local Unit as well as the National Executive Committee.

Section 7. GOOD STANDING: A member who maintains his/her dues on a current basis will be considered a member in good standing.

Section 8. TRANSFER: A member in good standing in a Local Unit, who has been assigned to a jurisdiction of another Local Unit, shall be entitled to a certificate from his original Local Unit, stating his membership and the duration thereof.

ARTICLE III
OFFICERS / OFFICIALS

Section 1. ELECTED OFFICERS: The elected officers of the Local shall be:

1. President
2. Executive Vice President
3. Second Vice President/Treasurer
4. Third Vice President/Secretary
5. Lead Advocate
6. Member at Large (1)

The ELECTED Officers listed above are those Members who have been elected to office by secret ballot.

One Vice President shall be elected from each division, with the title of each elected to be rotated regularly to another division on each election cycle, beginning with First Vice President (Executive) at the Baltimore division, Second Vice President/ Treasurer elected at the Perry Point division, and the Third Vice President / Secretary elected at the BRECC division. The Vice Presidents may perform the others’ function when required, and shall assist the President as assigned.

Section 2. APPOINTED OFFICIAL: The appointed officials of this Local shall be:
1. Nurse Advocates
2. Grievance Committee
3. Finance Committee
4. Political Education / Organizing Committee
5. Bylaws Committee / Nominating Committee
The Appointed Officials of the Local are those Members who are currently serving in official capacity of behalf of the Local to serve on above. These Official will be appointed by the President and approved by the majority of the Executive Board


Section 3. APPOINTMENT OF OFFICIALS: Appointed officials of the Local may be appointed by the President and shall become permanent upon a majority approval of the Executive Board of the Local. The President has the authority to remove an appointed official for just cause. The removed officer will be afforded a full and fair hearing in accordance with Article IX dealing with discipline.

Section 4. TERM OF OFFICE: The term of office for Elected Officers shall be three (3) years.

Section 5. VACANCIES: Officers of the Local Unit shall serve until the installation of their successors. Vacancies in offices between elections may be filled by nomination of the President subject to a majority approval of the Executive Board.
In the event that the office of the President becomes vacant, the Executive Vice President (Next office of the hierarchy) will take office for the balance of the term.

ARTICLE IV

NOMINATION OF OFFICERS


Section 1. NOMINATION: A reasonable opportunity shall be given for the nomination of candidates to hold office and every member in good standing shall be eligible to be a candidate to hold office and shall have the right to vote or otherwise support the candidate of his/her choice without being subject to penalty, discipline, or improper interference or reprisal of any kind by the Local Unit or any member thereof.
Timely notice of nomination will be given in a manner reasonably calculated to reach all members in good standing.

Section 2. NOMINATION PROCEDURE: Nominations shall be made at the regular November monthly meeting. The November meeting will be scheduled at least thirty (30) days in advance and will occur by the 10th of the month. Nominations shall be from the floor and made by any member in good standing, and if the nomination is seconded, the candidates name shall be entered on the ballot. Mail in nominations will be accepted prior to the scheduled November meeting. Mail in nominations not in the possession of the Nominating Committee at the beginning of the November meeting will not be accepted. Mail in nomination will be read to the floor during the November meeting. A second to any or all nominations must be from the floor at the November meeting. Should a member be nominated for more than one office, the member shall elect to accept the nomination for one office only At the conclusion of that meeting all nominations shall be closed. The secretary shall provide and publish a certified list of all nominees one month prior to the election, listing nominees alphabetically.

ARTICLE V
ELECTIONS

Section 1. OFFICERS: The election of officers shall be held on the second Tuesday of January.

Section 2. NOTICE OF ELECTIONS: No less than fifteen (15) days prior to an election, notice thereof shall be mailed to each member at his/her last known home address.

Section 3. VOTING: Each member in good standing on or before the close of the November nomination meeting shall be eligible to vote. Each eligible voter shall be entitled to one vote. The votes cast shall be counted and the results published.

Section 4. ELECTIONS: All officers of the Local Unit shall be elected by a plurality vote of the membership participating in the election that is eligible to vote. The election shall be by secret ballot not less than once every three (3) years. Absentee ballots may be permitted subject to the regulations of the U.S. Department of Labor.

Section 5. RECORDS OF ELECTION: The ballots and records pertaining to the election shall be preserved for one year.

Section 6. ELECTION EXPENSES: No monies received by way of dues, assessments, or similar levy shall be contributed or applied to promote candidacy of any person in the election. However, such monies may be utilized for notices, factual statements of issues not involving candidates, and other expenses necessary for holding an election.

ARTICLE VI POWERS AND DUTIES Section 1. PRESIDENT: The President shall preside at all meetings and maintain order of the Local. The President shall be the executive head of the Local with full power to enforce the provisions of the Local and National By-Laws. The President shall cast the deciding vote in the event of a tie and shall be responsible for the execution all official documents that pertain to the Local. The President shall be designated as Local delegate to all National Conventions with full voting power. He/she shall have the authority to appoint all appointed officials and committee members subject to a majority approval of the Executive Board. He/she shall have the authority to remove any official / committee member who holds their office by appointment for just cause. He/she shall counter sign all checks drawn on the Local Treasury.

Section 2. EXECUTIVE VICE PRESIDENT: The Executive Vice President will assist the President in preserving order and will preside in the absence of the President. He/She shall have authority to sign checks in the absence of the President. The Executive Vice President will assume the office of President in the event the President is unable to complete his / her term.

Section 3. SECOND VICE PRESIDENT / TREASURER: The Treasurer will keep a written record of all money received and all appropriations or expenditures of money and will disburse money only upon receipts approved by the Executive Board. The Treasurer shall make a financial report at each Executive Board meeting and General Membership meeting indicating monetary receipts, disbursements, and the balance on hand. The Treasurer shall submit all bank statements, cancelled checks, and financial documents to the Executive Board as directed. The Treasurer will keep lists of members in the Local and keep the National informed of any status change regarding members of the Local. The Treasurer shall be a member of the Executive Board with full voting power. The Treasurer shall co-sign all orders for funds drawn on the Local Treasury. It is the duty of Second Vice President to assist the President and Executive Vice President in preserving order and serving the Local.

Section 4. THIRD VICE PRESIDENT / SECRETARY: The Secretary shall record the minutes of all Executive Board, general membership and special meetings of the Local. The Secretary shall call roll and keep rosters and committee lists in the Minutes book. The Secretary will be responsible for keeping files and correspondence up to date, to edit, and prepare all correspondence originating at the Union Office.

He/she shall maintain a current list of the names and home addresses and telephone numbers of all members of the Local and shall forward to the proper processing location original applications for membership. The Secretary shall be responsible for publishing a list of all nominees one month prior to elections.

He/she shall assist the President in the handling and preparation of brochures, pamphlets, articles, bulletins, and shall be responsible for getting out notice of General Membership meetings, reports of meetings, and various materials such as advertisements, notices, posters, and/or flyers.

It is the duty of the Third Vice President to assist the President, Executive Vice President, and Second Vice President in preserving order and serving the needs of the Local Membership.

Section 5. LEAD ADVOCATE: The Lead Advocate will assist all Nurse Advocates in any matters related to their employment or duty as an Advocate. He/she shall be responsible for preparing and maintaining a current list of Advocates and shall forward a copy of said list to the Human Resource Management Service. He/she shall be responsible for the training of the Advocates. The Lead Advocate will track all grievances on behalf of the Local.
Lead Advocate has the authority to settle grievances on behalf of the Local. The Lead Advocate serves as Chairperson of the Grievance Committee

Section 6: Member at Large: One Member at Large will be elected by the general membership by secret ballot to serve on the Executive Board. The Member at Large has full voting power.
The Member at Large will not serve on any appointed standing committees.

APPOINTED OFFICERS
Section 7. Nurse Advocates: Advocates shall be appointed by the President with the approval of the majority vote of the Executive Board. The duties of the Advocates shall be:

1. To recruit new members within his/her assigned area.

2. Advise members and attempt to settle minor first step grievances with the pending review and concurrence of the grievance committee and to accompany member to the appropriate Local Officer if further assistance is required.

3. It shall be the responsibility of the Advocates to notify the Lead Advocate and/or an Executive Board members of an unsatisfactory condition within his/her area.

Section 8. GRIEVANCE COMMITTEE: The Grievance Committee shall consist of three members, in addition to the Lead Advocate, appointed from the general membership by the President with the majority approval of the Executive Board.
The Grievance Committee shall be responsible for reviewing all 3rd step grievances and make recommendations to the Executive Board regarding grievance disposition. The Grievance Committee will meet at the call of the Lead Advocate.

Section 9. FINANCE COMMITTEE will consist of the Second Vice President/Treasurer (Chairperson) and three members appointed from the general membership by the President with the majority approval of the Executive Board.
The Finance Committee will maintain the financial records of the Local. The Committee will provide monthly financial report to the Executive Board.

Section 10. POLITICAL EDUCATION / ORGANIZING COMMITTEE:
The Political Education / Organizing Committee will consist of the Lead Advocate (Chairperson), Nurse Advocates and three members appointed from the general membership appointed by the President with the majority approval of the Executive Board.

The Political Education/ Organizing Committee will carry out the political education activities of the local and conduct internal organizing activities. The Political Education / Organizing Committee will meet at a minimum of once per quarter.

Section 11. BYLAWS / NOMINATING COMMITTEE:
The Bylaws committee will review and make recommendations for proposed Bylaws and / or changes to existing Bylaws. The Bylaws / Nominating Committee shall solicit names of candidates for elective offices. The Committee shall ascertain of each nominee that she / he is willing to serve, if elected. The Bylaw / Nominating Committee may appoint a task force group, known as the Tellers, to assist with the election process, including counting the votes cast.

This committee will meet at least once per quarter.

Section 12: A majority approval by the Executive Board is required on all Presidential appointments

ARTICLE VII

MEETINGS

Section 1. EXECUTIVE BOARD MEETINGS: The Executive Board will meet at least monthly to conduct routine business of the Local and also are required to prepare the agenda for General Meetings. The Executive Board shall be comprised of the following members with full voting power: President, Executive Vice President, Second Vice President/Treasurer, Third Vice President/Secretary, Lead Advocate, Member at Large. One member from each Committee listed in Article III, section 2 are also members of the Executive Board but may not vote on the business of the Local.

The quorum for the purposes of casting a vote or transacting business by the Executive Board shall be no fewer than three (3) Elected Officers comprising the Board Meeting.

Section 2. GENERAL MEMBERSHIP MEETINGS: General Membership Meetings will be held on a quarterly basis at a reasonable place and time as determined by the majority of the Executive Board. The meeting place and time will be announced prior to the meeting. Members shall be notified of each meeting by any practical means of communication, reasonably calculated to reach each member of the local.

Section 3. SPECIAL MEETINGS: Special Meetings may be called by the President, a majority of the Executive Board in session, or upon written request of at 15 members in good standing.

Section 4. QUORUM: A Quorum for the purpose of transacting business at a general or special meetings shall be five (5) members.

Section 5. CONDUCT: All procedural rules not provided for in these By-Laws or the National By-Laws will be decided in accordance with the current edition of Roberts Rules of Order.

Section 6. ORDER OF BUSINESS: The order of business shall be conducted by agenda, including but not limited to the following:

1. Call the meeting to order
2. Roll Call of Officers
3. Reading of the minutes of the previous meeting.
4. Old business
5. New Business
6. Report of Officers
7. Report of Committees
8. Treasurer’s Financial Report.
9. Announcements.
10. Adjournment.

ARTICLE VIII
DELEGATES TO CONVENTIONS AND REGIONAL MEETINGS


Section 1. NUMBER OF DELEGATES: The number of delegates and/or alternates the Local designates to the National Convention shall be in accordance with Article VI, Section 5 of the National By-laws.

Section 2. ELIGIBILITY: A member must be in good standing in the Local to be nominated and elected as a delegate or alternate to the National Convention.

Section 3. DELEGATES: The Local Unit Officers elected by secret ballot are also the voting delegates to intermediate or national bodies including National Conventions. If the number of elected officers is less than the number of delegates allowed by Article VI, Section 5 of the National By-Laws, then arrangements shall be made for nominations and a secret ballot election. If the total number of officers is greater than the number delegates allowed, then officers shall attend as delegates in the following order:

1. President
2. Executive Vie President
3. Second Executive Vice President/ Treasurer
4. Third Executive Vice President/ Secretary
5. Lead Advocate
6. Member at Large (1)

ARTICLE IX
DISCIPLINE
Section 1. CHARGES: Charges may be brought against any member or officer of the Local for any of the following, but not all inclusive list of offenses:

(1) Violation of any specific provision of this constitution or of the National By-Laws;
(2) Violation of the oath of loyalty and/or their duty to the International Union, NAGE the Local Unit and/or the members thereof;
(3) Misfeasance, malfeasance, or nonfeasance such that they have breached their duty to the International, NAGE, the Local Unit and or the members thereof;
(4) Disloyalty or conduct unbecoming a member;
(5) Financial malpractice;
(6) Corrupt or unethical practices or racketeering;
(7) Advocating or participating in dual unionism or secession;
(8) Disobedience to the regulations, rules or mandates and decrees of the International Union or NAGE or the Local Unit;
(9) The wrongful taking or retaining of any money, books, papers, or any other property belonging to the International Union, NAGE or the Local Unit; or the wrongful destruction, mutilation or erasure of any books records bills receipts vouchers or other property of the National Union or the Local Unit;
(10)Working as a strike breaker or violating wage or work standards established by the international Union or NAGE or the Local Unit;
(11) The bringing of false charges against a member or officer without good faith or with malicious intent;
(12) Failing to pay his or her proper union membership dues, or failing to remit proper dues from the Local to the National;
(13) Discrimination or advocacy or forbidden discrimination against any other member on the basis of race, ethnicity, creed, color, religion, gender, marital status, sexual orientation, national origin, ancestry, age or disability.

Section 2. DISCIPLINARY PROCEDURES: The Executive Board of the Local shall act as the Trial Body.

Charges alleging misconduct on the part of the member shall be filed in duplicate with the Secretary of the Local, who shall serve a copy thereof on the accused either personally or by registered or certified mail, directed to the last known address of the accused, at least ten (10) days before the hearing on the charges.

No charges may be filed more than six (6) months after the charging party learned or could have reasonably learned, of the act or acts which are the basis of the charges.
All members and officers accused of misconduct shall be afforded a full and fair hearing in accordance with the Local and the National Constitution and By-laws. The hearing shall be held within thirty (30) days of the issuance of notice and be held in a reasonable place and at a reasonable time. The accused may appear in person and with witnesses to answer the charges against him/her and shall be afforded a full and fair hearing. A decision shall be issued within sixty (60) days following the conclusion of the hearing.

ARTICLE X
APPEALS

Section 1. APPEAL OF DISCIPLINARY ORDER: Any person or body whom disciplinary action has been taken or whose charges have been dismissed in whole or in part shall have the right to appeal. An appeal to the National Executive Committee may be taken either by the accused or the member filing the charges from any decision of this Local Unit with respect to such charges provided as such decision is a final decision under the terms of the Constitution and By-Laws of the Local Unit. Any such appeal must be filed in writing with the National Executive Vice President by registered or certified mail, within fifteen (15) days after the decision. The appeal shall clearly set forth the decision being appealed from and the grounds for the appeal.

Section 2. APPEAL OF ELECTION: Any member of the Local may use the following procedure to appeal the results of an election for the Local Officers and delegates to the National Convention. Within fifteen (15) calendar days after the tally of ballots has been furnished to the members of the Local, any member of that Local may file an objection to the Executive Board. Objections must be made in writing and must contain specific reasons in support thereof.

ARTICLE XI
HANDLING OF GRIEVANCES


Section 1. GRIEVANT’S RIGHTS: Any person employed by the bargaining unit represented by a local of the National Association of Government Employees (hereinafter the “Grievant”) shall have the following rights and shall employ the following remedies under the provisions of this Constitution and By-Laws if he or she believes that the Local Grievance Committee has acted improperly in handling his/her grievance under the Collective Bargaining Agreement.

Section 2. PROCEDURE: The Grievant, upon receiving notification from the Local Grievance Committee, whether verbal or written, that the Committee has determined either to (1) reject his grievance (2) settle his grievance or (3) decline further process of the grievance to the next step of the grievance procedure shall take the following action to protect his rights:

STEP ONE: The Grievant shall within seventy-two (72) hours of notification of the Local Committee’s action complained of, notify the Secretary of the Local in writing that the grievant appeals the Committee’s decision to the Local Membership.

(a) The Local shall, if possible immediately take the required action to protect the Grievant’s rights under the Collective Bargaining Agreement by proceeding to the next step of the Grievance Procedure
(b) The Grievant’s appeal will be scheduled for hearing at the next regularly scheduled meeting of the Local Unit’s Membership. If no regularly scheduled meeting of the Local will occur before the next step of the grievance procedure expires, the Local Unit Grievance Committee shall continue to protect the Grievant’s rights by proceeding to the next further step of the grievance procedure, PROVIDED that the obligation of the Local Unit Grievance Committee to protect the Grievant’s rights by proceeding to the next step of the grievance procedure shall not include the obligation to proceed to arbitration. At such hearing before the Local Unit Membership, the Grievant and the Local Unit Grievance Committee will each be permitted a reasonable amount of time to present their respective positions. Thereafter, the matter shall be voted on by the members in good standing attending the Local Unit Membership meeting and the decision by a majority vote shall constitute a final determination as to whether or not to endorse the Unit Grievance Committee’s Decision complained of.
(c) Subject to the order of the National, if the membership of the Local supports the Local Unit Grievance Committee’s decision, the Local Unit Grievance Committee shall not be required to take any further affirmative action to advance the grievance and said grievance will be processed in accordance with the Grievance Committee’s initial decision.
(d) If the Grievant is not satisfied with the decision of the Local Unit’s membership he or she may appeal to the National under Step Two.

STEP TWO: The Grievant must notify the National Office in writing within three (3) business days following the decision of the Local Unit’s Membership, that he or she appeals the Local Units decision.

(a) Such appeal shall set forth a complete narrative as to the facts in support of the Appeal and whatever documents are reasonably necessary for an understanding of the case.
(b) The Appeal will be decided by a National Officer duly designated to act by the National President. Such National Officer may at any time (1) order the Local Grievance Committee to take all steps necessary to protect the Grievant’s rights under the grievance Procedure pending the decision of the National Officers under STEP TWO (b) or (2) if the final decision under STEP TWO (b) is in favor of the Grievant, Such National Officer shall order the Local Unit to take whatever actions she/he deems necessary to resolve the Grievant’s Complaint and to protect his/her rights under the Collective Bargaining Agreement.

Section 3. APPEAL OF GREIVANCE: Any member of a NAGE Bargaining Unit who believes that his or her grievance has been improperly handled by the Local Unit Grievance Committee or other authorized local bargaining agent shall, without exception, employ the remedies and procedures contained herein. No complainant shall be entitled to enforce or present his or her claim against NAGE or its Local subordinate in any Court or other administrative body without first exhausting these internal procedures.

ARTICLE XII
AMENDMENTS

Section 1. AMENDMENTS: Amendments to this Constitution and By-Laws shall be submitted in writing at a regular meeting of the Local. The amendment shall be read by the presiding Officer under the heading of new business. All proposed Bylaw changes will be review by the Bylaws Committee for adhere to existing Constitutions. After such notice, the proposed amendment shall become a part of the Constitution and By-Laws, at the next meeting, if it is approved by a two-thirds majority of the members present and voting. Such amendments must be signed by three (3) active members of the Local.

ARTICLE XIII
EXPENDITURES

Section 1. EXPENDITURES: All expenditures and/or appropriations under $250.00 must be audited and approved in advance by the Executive Board. All expenditures and/or appropriations over $250.00 must be audited and approved by the Finance Committee. Payment shall be made by check and signed by the Treasurer and President. There shall be no disposal of property without a majority vote of the members present and voting at a regular meeting

 

ARTICLE XIV
FINANCIAL RECORDS

Section 1. FINANCIAL RECORDS: Financial records of the Local Unit shall be kept on a fiscal year basis. The Fiscal year shall begin September first (1st) and end on August thirty-first (31st).

Section 2. FINANCIAL REVIEW: The Local Units shall conduct an audit on an annual basis. A copy of such financial review shall be furnished to the National Chief Financial Officer no later than forty-five (45) days after the fiscal year as defined.

ARTICLE XV
CONFLICTS


Section 1. CONFLICTS: In the event that these Local By-Laws conflict with the National By-Laws and/or are silent regarding a situation or circumstance facing the Local, the National By-Laws will supersede and control.

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