united ems workers : afscme local 4911 - bylaws

8/3/2019 United EMS Workers : AFSCME Local 4911 - Bylaws

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BYLAWS

of the

UNITED EMERGENCY MEDICAL SERVICES

WORKERS

AFSCME LOCAL 4911

Subject to ratification by United EMS Workers first bargaining unit or units.


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INTRODUCTION

United Emergency Medical Services Workers has been formed to:

Improve the social and economic well-being of all of its members; Promote democracy for its members; Promote the efficiency and high quality of EMS services and; Express its belief in the unity of organized labor.

The following Bylaws are adopted to protect the rights of all members, to provide forresponsible governance of the Union, and to involve as many members of the Union aspossible through the sharing of opportunities and responsibilities.

SECTION 1 NAME & AFFILIATION

The name of this Union shall be United Emergency Medical Services Workers, AFSCMELocal 4911 (hereinafter referred to as UEMSW, Local 4911, Local or Union). ThisUnion shall be affiliated with the American Federation of State, County and MunicipalEmployees, AFL-CIO.

SECTION 2 OBJECTIVES; MEMBERS BILL OF RIGHTS ANDRESPONSIBILITIES

We are the United Emergency Medical Services Workers. We are united by our belief inthe dignity and worth of workers and by our belief in the services we provide. We arededicated to improving the lives of our members and their families, and to creating amore just and humane society in which all people have access to quality affordablehealthcare.

This Unions greatest asset is the strength, unity, and solidarity of its entire membership.We are Emergency Medical Services workers forming a strong union to build power forourselves and to protect the people we serve.

The objectives of this Union are to:

Secure the best possible pay, benefits, job security, working conditions, andpensions/retiree benefits for its members through organization of theunorganized, collective bargaining, legislative and political action, and the

utilization of other lawful strategies; Promote the professional reputation of and public respect for Emergency

Medical Services workers;

Create dignified, safe, and progressive job conditions for EMS workers thatenable those workers to provide the highest quality care to patients and theirfamilies;


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Promote trade unionism and worker solidarity across industries and workforces;

Provide opportunities for its members to influence and shape their futurethrough free democratic trade unionism;

Encourage the settlement by negotiation and mediation of all disputes between

members and their employers; Achieve influence over the Emergency Medical Services industry sector and

labor market;

Ensure that workers voices are heard at the highest levels of government, andthat their expertise and experience shape the transformation of EmergencyMedical Services in the United States and globally;

Eliminate harassment and discrimination of any sort to ensure equal treatmentregardless of class, race, color, nationality, ethnicity, age, gender, language,sexual orientation, place of origin, ancestry, religious and/or political beliefs, andmental or physical disability (and actively oppose such discrimination whereverit appears); and

Establish strong working relationships with our employers, the public we serve,and the communities in which we work and live.

Members Rights in the Union:

The right to have their opinions heard and respected, to be informed of Unionactivities, and to be educated in Union values and Union skills.

The right to choose the leaders of the Union in a fair and democratic manner.

The right to a full accounting of Union dues and proper stewardship over Unionresources.

The right to participate in the Unions bargaining efforts, to elect BargainingCommittees, and to approve Union contracts.

The right to have their concerns resolved in a fair and expeditious manner.

Members Responsibilities in the Union:

The responsibility to help build a strong and more effective labor movement, tosupport the organization of unorganized workers, to help build a political voicefor working people, and to stand up for ones co-workers and for all workers.

The responsibility to inform themselves about the internal governance of theUnion and to participate in the conduct of the Unions affairs.

The responsibility to contribute to the financial support of the Union.

The responsibility to treat all workers and members fairly.


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The responsibility to bring concerns in a constructive manner to structureswithin the Union as defined by these Bylaws.

Members Rights on the Job:

The right to work that is worthwhile to society and to pursue satisfying work

that provides a decent standard of living, a healthy and safe workplace, and themaximum possible employment security.

The right to a meaningful and protected voice in the design and execution of ones work and in the long-term plans of ones employer, as well as the trainingnecessary to take part in such planning.

The right to fair and equitable treatment on the job.

The right to share fairly in the gains of the employer.

The right to participate fully in the work of the Union on the scope, content, andstructure of ones job.

Members Responsibilities on the Job:

The responsibility to participate in the Unions efforts to establish and upholdcollective principles and values for effective workplace participation.

The responsibility to recognize and respect the interests of all Union memberswhen making decisions about Union goals.

The responsibility to be informed about the industry in which one works andabout the forces that will affect the condition of workers in the industry.

The responsibility to participate fully in the Unions efforts to expand the voiceof workers on the job.

The responsibility to provide a fair days work for a fair days pay.

The responsibility to advocate for the needs of the patients we serve.

SECTION 3 MEMBERSHIP & FEES

(a) A regular member is an individual who has requested membership in writingusing the UEMSW membership application, and who is (a) employed in a bargaining unit for which the Union is the recognized bargaining agent and/orfor which the Union seeks to be certified as the recognized bargaining agent formatters relating to wages, hours and other terms and conditions of employment;or is (b) a full-time UEMSW staff member who is currently licensed or certifiedas an EMS professional. The Board of Directors of the UEMSW shall, withoutdiscrimination, approve all requests for membership of those individuals whomeet the qualifications as set out above.


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(b) Members must remit all dues, fees, and assessments required of any member bythese Bylaws throughout their membership period, except as otherwise specifiedin these Bylaws.

(c) Dues shall be a minimum of $35 per month for eligible UEMSW members, or two(2) times the average hourly wage of the representative bargaining unit to which

a member belongs, whichever is greater. Dues shall be payable monthly inadvance to the Locals treasurer and in any event shall be paid not later than the15th day of the month in which they become due. Any member who fails to paydues by the 15 th day of the month in which they become due shall be considereddelinquent and, upon failure to pay dues for two (2) consecutive months, shallstand suspended. Any person who is paying dues through a system of regularpayroll deduction shall, for so long as such person continues to pay through suchdeduction method, be considered a member in good standing.

(d) Any member who has paid dues in advance shall be entitled to a pro-ratedrefund upon their written request to terminate membership. Such pro-ratedrefund shall be calculated upon the date the request for resignation of membership is received by the Board. Membership withdrawal forms shall beprovided to any member immediately upon request.

(e) Members may be required to pay additional fees or assessments as determined by the Board of Directors; however, such fees or assessments must be approved by a majority vote of the members voting by secret ballot at a properly calledmeeting for that purpose.

(f) Any member who has been unemployed or on an employer-approved leave of absence (including disability) for more than twenty days in a calendar month,and who does not receive unemployment compensation, sick leave pay, or otherremunerations, shall not be required to pay any accumulated arrears upon returnto the union, provided that such arrearage does not exceed six months in a

calendar year.(g) Any member whose employment in a bargaining unit represented by UEMSW is

terminated shall be permitted to continue membership until all appeals have been exhausted. Such membership shall continue provided that the membermaintains (or appeals the loss of) the professional licenses and/or certificationsthat would enable employment elsewhere in Emergency Medical Services. Suchmember shall not be required to pay dues for up to six (6) months in a calendaryear during the appeal period, provided that no compensation is received duringsuch period of unemployment.

(h) Any member in arrears for a period of two (2) months or more will beautomatically suspended. The Treasurer shall report the suspension to the Boardof Directors. The Board of Directors shall report all suspensions to the membersat the next membership meeting. Any member under suspension who wishes to be reinstated shall, upon application, pay any dues and assessments in arrears.

(i) A member can only be removed from membership or disciplined following aninvestigation and hearing on the matter after proper notice is given to themember. The member shall be allowed not less than thirty (30) days to answercharges of misconduct to be heard by the Local Union. Requests for removal ordiscipline may be made by any other member. Such request for removal or


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discipline must detail any alleged misconduct in writing and shall be based uponcharges set forth in Article X of the AFSCME Constitution.

(j) The matter shall be submitted to the members own local Stewards Council forinvestigation and hearing.

(k) The member must be notified of the hearing and given the opportunity to beheard and to present a defense against the allegations. The duly called andconducted Stewards Council shall determine whether the allegations are withoutmerit or whether they appear to be true and are sufficiently egregious to warrantthe revocation of membership privileges or to impose discipline. The Chief Stewards of the region shall forward such findings immediately to the interestedparties and to the Board of Directors.

(l) Should the member wish to appeal the decision of the Stewards Council, theymust submit such appeal in writing to the International AFSCME Judicial Panel within thirty (30) days of the final decision by the Stewards Council. Decisions of the Judicial Panel may be appealed to the Full Judicial Panel and thereafter to theAFSCME International Convention in accordance with Article X of theInternational Constitution.

(m) Associate Membership : The Board of Directors may bestow or revoke associatemembership status upon certain individuals who are not otherwise eligible formembership in the Local. Associate membership may be granted to those whohave made significant contribution or impact on the mission of UEMSW or theprovision of Emergency Medical Services and to others who wish to participatein or keep abreast of UEMSWs activities. Associate members shall not berequired to pay dues, shall not be eligible for office, and shall not have votingrights in the Local.

SECTION 4 REGULAR & SPECIAL MEETINGS

a) The Union is committed to ensuring that all of its meetings and activities are safeenvirons in which members are free to speak their minds. Members are explicitlyencouraged to express their opinions regardless of whether their opinions areshared by a majority of those present. The Union further expresses its firmcommitment to abiding by Article 1 of the LMRDA, and shall never penalizemembers in any way, nor at any time, for exercising their right to free speech.

b) Regular membership meetings shall be held at least twice annually, in themonths of April and October.

c) Special membership meetings of the Union may be required, and can be called by the President, by a majority of the members of the Board of Directors, or uponwritten request by no fewer than fifty (50) members. The President shallimmediately advise all members when a special meeting is called, and ensurethat all members receive at least seventy-two (72) hours notice of the specialmeeting and the subject(s) to be discussed at the meeting. No business shall betransacted at a special meeting other than that for which the meeting has beencalled, the subject matter disclosed, and proper notice given.


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d) The Union shall make provisions for the participation in meetings of thosemembers who live outside the area where the main Union office is located. TheUnion shall utilize any available, practical, and appropriate communicationtechnology (including, but not limited to, videoconferencing, teleconferencing,

and/or internet resources) in order to maximize member participation.e) The minimum number of members required to be in attendance for the

transaction of business at any regular or special membership meeting shall be noless than twice the number of members on the Board of Directors, plus one.

f) The order of business at regular membership meetings is as follows: Roll call of Officers Reading of the Equality Statement Reading and approval of minutes of previous meeting Treasurers report and approving expenditures Correspondence Reports of committees and delegates Nominations, Elections, or Oath of Office Unfinished business New business Adjournment

g) The guiding democratic principles of this Union necessitate the participation of Union members in as much Union business as possible. As such, regular Boardof Directors meetings shall always permit and encourage member presence andparticipation.

h) In cases where these Bylaws are to be amended or modified, or where temporaryappointments to the Board of Directors are to be made, and in order to ensure

that such weighty decisions are subject to maximum scrutiny, some decisionsspecified within the body of these Bylaws will be approved only by majority voteof the membership. Such situations are defined in the appropriate section(s) of these Bylaws.

i) Regular Board of Directors meetings shall be held on the second Wednesday of every third month, in January, April, July, and October. When a statutoryholiday or a situation beyond the control of the Union arises that causes thecancellation of a regular meeting, the Board of Directors shall reschedule theregular meeting and shall give members fourteen days notice of the date of therescheduled meeting.

j) The Board may, at its discretion, hold more than four (4) meetings annually, andshall publicize such meetings at least two (2) weeks in advance except in the caseof those deemed special meetings, which may be called by the President or amajority of the Board of Directors with no fewer than three (3) days advancenotice whenever a motion requiring a vote is to be proposed. Members shall bepermitted and encouraged to attend. The subject matter of the meeting shall bedisclosed when the meeting is noticed, and no business may be transacted otherthan that for which the meeting is called.


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k) The Board of Directors shall meet privately only in the rare circumstance of aneed to discuss performance matters relating to Union paid staff personneland/or individual members employment-related disciplinary or harassmentissues in which the persons involved have a reasonable expectation of or legalright to privacy. All other Union matters, without exception, shall be conducted

in meetings open to the entire membership.l) A simple majority of the Board of Directors, inclusive of the existing total

number of both Officers and Directors, shall constitute a quorum, provided thatat least two (2) Officers are present.

m) Meetings of the Board of Directors that occur via telephone, video conferencing,or any other form of technology that allows for verbal communication shall beconsidered proper venues for voting on motions before the Board. In order toensure that decisions be made only subsequent to open debate, no voting shalltake place via email or in any other forum that precludes verbal discussion.

n) Members shall have the right to access Board of Directors meeting minutes afterthey have been approved by the Board and within seven (7) business days of anywritten request to the Secretary of the Board of Directors.

o) Should any member of the Board of Directors fail to answer the roll call for three(3) consecutive regular Board of Directors meetings without having submitted valid reasons for the absence(s), the office shall be declared vacant and shall befilled by an election as set out by Section 8(d) of these Bylaws.

SECTION 5 OFFICERS, BOARD OF DIRECTORS & TRUSTEES

a) The Officers shall be the President, Vice-President, Secretary, and Treasurer.

b) The Board of Directors shall include all Officers and Directors. The Board shall bethe governing body of the Local Union except when meetings of the Local Unionmembership are in session. All matters affecting the policies, aims, and means of accomplishing the purposes of the Local not specifically provided for in thisConstitution, or by action of the membership at a regular or special meeting,shall be decided by the Board of Directors. A report on all actions taken by theBoard of Directors shall be made to the membership at the following meeting.

c) The purpose of the Director position is to ensure equal representation of thevaried interests of diverse geographical areas and work-sites, and to ensure thepromotion of spirited debate generated by the inclusion of multiple voices. Thereshall be a minimum of five (5) Directors and a maximum of twenty (20).Directors shall be democratically elected in accordance with election proceduresset out in Section 7 of these Bylaws. Each bargaining unit shall have a minimumof one Director on the Board. One additional Director shall be elected for eachfive hundred (500) members beyond the first 500 members in that bargainingunit. At such time that the number of Directors reaches the maximum number of twenty (20), the Board shall submit a Bylaws amendment to the membership tore-apportion directorships on a geographic basis.


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d) Directors shall not be compensated for their services to the UEMSW on either anhourly or salaried basis. Officers and Directors shall be reimbursed for expensesincurred in the course of business matters undertaken on behalf of UEMSWand/or shall be issued equipment or other items necessary for the performanceof their duties to UEMSW as determined by the Board. Officers may receive amonthly stipend in an amount determined by the Board to be reasonable relative

to time spent in their service as Officers.e) The Board of Directors shall be permitted to hire full-time or part-time staff

based upon the needs of UEMSW in order to effectuate full and properrepresentation and support for the membership. The Board shall determine suchstaff positions, titles, compensation, and configurations. Officers may also serveas staff members; however, a Director must resign her or his position as Director prior to accepting a staff position.

f) Union staff positions, including job descriptions, compensation, raises, benefits,and reimbursements shall be discussed only in the context of public meetings.Annual salaried and hourly staff compensation figures shall be made available tomembers at any time within 15 calendar days of receipt of written request to theTreasurer. The Board must be able to demonstrate reasonable industry standardsfor such staff position salaries, as excessive salaries would be unfair to themembers of the UEMSW and could hinder the goals and objectives of the Union.Under no circumstances shall any salaried position for any Local Unionemployee exceed the base annual wages for a top-step paramedic (or equivalent job title) in units represented by the Local.

g) All decisions related to the hiring, promotion, discipline, and termination of paidUnion employees shall be taken solely via a vote of the Board of Directors. AnyUnion staff member whose performance is deemed by her or his directsupervisor to be unsatisfactory may be placed on leave by the President pendingBoard review. The Board shall review and decide on all such matters within two

(2) weeks of the staff members placement on administrative leave. Such matterswill be discussed in Executive Session to preserve the confidentiality of affectedemployees.

h) The Board of Directors shall hold title to any real estate of the Union in trust forthe Union. The Board shall have no right to sell, convey, or encumber any realestate without first giving notice and then submitting the proposal to a meetingof the membership for approval.

i) In addition to the Officers and Directors, there shall be elected three (3) memberswho shall serve as trustees. Trustees will receive no compensation for theirservices.

SECTION 6 DUTIES OF OFFICERS, DIRECTORS, & TRUSTEES

a. The President shall:

1) Utilize her or his vision, creativity, and leadership skills to inspire themembership.

2) Be the Chairperson of the Board of Directors.3) Act as a public ambassador of the Unions interests and commitments.


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4) Enforce these Union Bylaws and the Equality Statement.5) Preside at all membership and Board of Directors meetings and preserve order

(including appointing a Sergeant-At-Arms to fulfill such duty if requested by theBoard).

6) Decide all points of order and procedure (subject always to appeal by themembership).

7) Break a tie in a vote of the Board of Directors.8) Countersign all checks drawn against the funds of the Local.9) Appoint all standing committees and all special committees of the Local, subject

to the approval of the Board of Directors.10) On termination of office, surrender all books, seals, and other properties of the

Union to her or his successor.11) Report periodically to the membership regarding the progress and standing of

the Local and regarding the Presidents official acts.

b) The Vice-President shall:


2) Assist the President and all other Officers and staff in the performance of theirduties on behalf of the Union as directed by the Board.

3) If the President is absent or unable, perform all duties of the President.4) Preside over membership and Board of Directors meetings in the absence of the

President.5) If the office of the President falls vacant, be Acting President until a new

President is elected.6) Upon the approval of the Board of Directors, be authorized to act as a co-signer

of checks drawn on the Locals funds in place of either the President or theTreasurer.

7) On termination of office, surrender all books, seals, and other properties of the

Union to her or his successor.c) The Secretary shall:


2) Ensure that all members have access to adequate advance notice of upcomingmembership meetings and meetings of the Board of Directors.

3) Keep full, accurate, and impartial account of the proceedings of all regular orspecial membership and Board of Directors meetings, or ensure that suchaccounting is kept in her or his absence. These records must also include a copyof the full financial report and the written financial report presented by theTreasurer.

4) Record all proposed amendments and/or additions in the Bylaws, and makecertain that these are sent to the Bylaws Committee Chair, the members, and theAFSCME International President for approval.

5) Answer correspondence and fulfill other administrative duties as directed by theBoard of Directors.

6) Keep a record of all correspondence received and sent out in capacity asSecretary.

7) Prepare and distribute all notices to members, or ensure that such tasks arecompleted by administrative staff.


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8) Have all records ready on reasonable notice for the Directors or auditors,including ensuring unencumbered access to approved Board of Directorsmeeting minutes to all Union members within seven (7) business days of anywritten request; add each meetings minutes to collected minutes of Board of Directors meetings no later than seven (7) business days following the meeting atwhich the minutes were approved.

9) Preside over membership and Board of Directors meetings in the absence of boththe President and Vice-President. If the office of the Vice-President or Treasurerfalls vacant, immediately fill the role as Acting Vice-President or ActingTreasurer until a new Vice-President or Treasurer is elected.

10) On termination of office, surrender all books, seals, and other properties of theUnion to her or his successor.

d) The Treasurer shall:


2) Prepare and sign checks for such purposes as are required by the constitution orare authorized by the membership or the Board of Directors.

3) Ensure that per capita dues are forwarded to the International within the timelimits specified in the AFSCME Constitution; manage any other applicableaffiliation fees.

4) Receive and record all revenue, initiation fees, dues, and assessments, anddeposit all monies promptly with a bank or credit union selected by the Board of Directors in cooperation with and in supervision over any Union staff member towhom such regular duties may be assigned.

5) Audit all accounts payable and ensure that the Unions funds are used only asauthorized or directed by the Union Bylaws, or by vote of the membership.

6) Be responsible for maintaining, organizing, safeguarding, and keeping on file all

supporting documents, authorizations, invoices, and/or expense claims for everydisbursement made, or ensure that such records are maintained by any Unionstaff who may be charged with keeping them.

7) Record all financial transactions in a manner acceptable to the Board of Directorsand in accordance with good accounting practices.

8) Make a full financial report to each regular meeting of the Board of Directors andthe membership, detailing all income and expenditures for the period.

9) Ensure that all Officers of the Union be bonded for at least ten (10) percent of annual Union revenue. Any Officer who cannot qualify for the bond shall bedisqualified from office.

10) Make all books available for inspection by members and/or auditors onreasonable notice .

11) Ensure that the books are professionally audited at least once each calendar yearand, within thirty (30) days, respond in writing to any recommendations andconcerns raised by the members or auditors.

12) Provide the membership, or upon the request of any individual member in goodstanding, with the most recent annual financial report by no greater than ten (10)calendar days following receipt of the request.

13) Notify all members who are one month in arrears and report to the Board of Directors all members two (2) or more months in arrears in the payment of uniondues, or see that such notification is carried out by Union administrative staff.


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14) If the Office of Secretary falls vacant, immediately fill the role of Acting Secretaryuntil a new Secretary is elected.

15) On termination of office, surrender all books, records, and other properties of theUnion to her or his successor.

e) The Directors shall:

1) Submit in writing to the President and Treasurer any recommendations and/orconcerns the Director(s) believe(s) should be reviewed in order to ensure that theUnions funds, records, and accounts are being maintained by the Treasurer inan organized, correct, and proper manner.

2) Act as checks and balances to the Treasurer; be responsible for ensuring thatmonies have not been paid out without proper Bylaws or membershipauthorization.

3) Ensure that proper financial reports have been made available to themembership.

4) Bear primary responsibility for representing at meetings the specific interests of members in their individual areas such that each area, no matter how small, hasan equal opportunity to contribute to the direction taken by the Union.

f) The Trustees shall:

1) Make or cause to be made at least semi-annually an audit of the finances of theLocal, including the finances concerning any health and welfare, pension,insurance, or other benefit programs covering members of such Local, and reportto the membership on the results of such audit.

SECTION 7 NOMINATION, ELECTION, AND INSTALLATION OFOFFICERS, DIRECTORS & TRUSTEES

a) Nominations

i) Nominations procedures shall be determined by the Nominations Committee,which shall ensure that each member has the opportunity to submit nominationsfor all Officers, Directors, and Trustees. All nominations shall meet therequirements of Appendix D of the AFSCME Constitution.

ii) To be eligible for office, a member must be in good standing for one yearimmediately preceding the election. If a member is part of a newly organizedunit and was not eligible for membership for the entire year preceding theelection, that member is eligible for office as long as she or he has been in goodstanding since the inception of dues collection in that bargaining unit. No retired

member shall be a candidate for office. For a member who is transferred orpromoted into this Local from another AFSCME Local, this requirement shall besatisfied if such members combined membership in good standing in bothLocals is one year at the time of election.

iii) Members may nominate themselves. A member may accept nomination for aposition while holding office in any position. If successful in the election, theirresignation from their current position will take effect on the start date of thenewly elected post.


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iv) One member shall not be permitted to fill multiple posts.

b) Elections

i) An election for all initial Officers, Directors, and Trustees shall occur within six

months of the NLRBs certification of UEMSWs first Bargaining Unit.ii) Following the initial election of Officers, Directors, and Trustees, Election Day

shall take place in April of each even-numbered year, beginning in 2014. Allelections shall meet the requirements of Appendix D of the AFSCMEConstitution. No office shall be permitted to be filled for more than two (2) yearswithout holding an election.

iii) Officers and Trustees shall be nominated and elected by the membership-at-large.

iv) The Directors shall be nominated and elected by the members within each bargaining unit.

v) At the Board of Directors meeting in January of each election year, the Presidentshall, subject to the approval of a majority of the Board of Directors, appoint anElections Committee consisting of an Elections Officer and 2-4 assistants. TheCommittee will include members of the Union who are neither Officers, norDirectors, nor Trustees, nor candidates for office. Should a member of theCommittee decide, after her or his appointment, to run for office, the resultingposition will remain unfilled provided that at least three (3) members, includingthe Elections Officer, remain to perform the Committees duties. Should theElections Officer decide to accept a nomination, the President, subject to theapproval of the Board of Directors, shall select a new Elections Officer fromamong the remaining members of the Elections Committee. In the event that

fewer than three (3) people remain, the necessary posts will be filled as set outabove in this Subsection.

vi) The Elections Committee shall bear full responsibility for making votingarrangements, and shall treat information submitted to it in connection with itsresponsibilities as confidential. The Committee shall be responsible forconfirming the eligibility of nominees, and shall approve ballot forms bymajority vote prior to seeing that they are mailed.

vii) The Elections Officer must be fair and impartial and see that all arrangements areunquestionably democratic. The Elections Officer will be responsible forarranging for the issuing of ballots by mail, and for contracting (in conjunctionwith the President and Treasurer) with a neutral third party, who shall be solelyresponsible for receiving mailed ballots and for counting and recording them at amembership meeting held for that purpose. Votes shall, without exception, becounted at the April public membership meeting.

viii) Results of elections shall be posted publicly and on the Internetimmediately following the vote count and shall be made available to anymember upon request. Elections results shall be considered valid unless a protestis made in accordance with Section 7(b)(xii).


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ix) The voting shall take place by mail. The vote shall be taken solely by secret ballot. Members shall first place their ballots in sealed, unmarked envelopes andthen place that first envelope in another envelope (addressed to the neutral thirdparty receiving the ballots), upon which they shall place both their signature andlegible printed name across the flap. Members shall use the ballots and envelopesprovided by the Union for that purpose. Mail ballots shall not be counted fewer

than twenty days subsequent to their issuance or deposit into the mail fordelivery.

x) Any candidate may request a recount of the votes in the event that the margin of victory for the position for which he/she is a candidate is 10% or less.

xi) Ballots shall be retained by the Union for a minimum of one (1) year after allprotests and related appeals have been resolved.

xii) Any member taking issue with the outcome or conduct of an election shallpresent to the Elections Committee a written statement detailing the nature of her or his complaint within 10 calendar days of the posting of the results. TheElections Committee will review the election and the timely complaint withinthirty (30) calendar days of the date of the vote count. If the matter is notresolved to the satisfaction of the member(s) candidate(s) bringing the complaint,such persons may bring the matter, in writing, for consideration before the Boardof the AFSCME Judicial Panel within ten (10) days of the Committees decision.

c) Installation

i) All duly elected Officers, Directors, and Trustees shall be installed immediatelyand shall continue in office until a successor has been elected and installed. Noterm of office shall be longer than two (2) years; however, there shall be no limitto the number of terms that any Officer, Director, or Trustee may serve.

ii)

The Oath of Office to be read aloud by the newly-elected Officers is:I, ____________________________, do sincerely promise that I will truly and faithfully, to

the best of my ability, and without engaging in fraud, bias, or other unethical Shenanigans, perform the duties of my office for the ensuing term, as prescribed in the

Bylaws of United EMS Workers Local 4911 and the American Federation of State,County, and Municipal Employees. As an Officer of this Union, I will at all timesendeavor, both by counsel and example, to promote the harmony and preserve the dignityof its sessions.

I further promise that at the close of my official term, I will promptly deliver all monies,books, papers, or other property of this Union in my possession to my elected successor.

d) Vacancies

i) Should any Officer position fall vacant, it shall first be filled as set out in Section6 of these Bylaws and then as set out below in Section 7(d)(ii). Should a Directoror Trustee position fall vacant for any reason, the resulting vacancy shall also befilled as set out below in Section 7(d)(ii).


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ii) Any vacant Officer, Director, or Trustee position shall, at the earliest practicaldate, be filled by nomination at a properly noticed membership meetingconvened for that purpose. The position will be filled by a majority vote(including second and subsequent votes in the event that no single nominatedcandidate receives a majority of the votes) of those members present at themeeting who are eligible to vote for the vacant position.

iii) Any meeting at which the filling of a vacancy is on the table for considerationshall allow ample time for member participation in the debate.

iv) Under no circumstances will any newly created position on the Board of Directors be filled via appointment. All newly created positions shall be filledexclusively via nomination and election by the affected members.

SECTION 8 SHOP STEWARDS

Stewards are the worksite leaders of the Union. A strong, democratic, and effective

union is built on a solid foundation of stewards at each worksite. The responsibilitiesand roles of a steward are defined by these Bylaws, by Union policies and procedures,and by the provisions of the Collective Bargaining Agreements that are negotiated withemployers. The diversity and complexity of the Union only allows for a generaldescription of the stewards roles and responsibilities in these Bylaws.

The Board of Directors shall set policies as necessary on all matters relating to stewards,except with regard to provisions outlined in this Section (8) of these Bylaws.

A steward has no greater rights than any of the members in her/his area. However, theresponsibilities of a steward do outweigh those of other members. Being a stewardrequires that personal opinions and preferences remain subordinate to those thatrepresent the highest good to a stewards members.

Stewards shall serve without compensation; however, based on the financial ability of the Union, the Board of Directors shall consider and establish guidelines and policiesregarding reimbursement for lost time wages, out-of-pocket expenses, or other expensesnecessary for the performance of a stewards duties.

The responsibilities of a steward shall include, but are not limited to:

Mobilizing members to action. Supporting the Unions efforts to process grievances and resolve worksite issues; Orienting new workers to the Union; Maintaining the Unions internal organization at the worksite;

Completing steward training and any other required training; Participating in the grievance appeal process as appropriate; Distributing and posting all appropriate information she/he receives from the

Union and updating the union bulletin board as requested or needed; Representing her/his worksite in appropriate meetings of the Union and

representing the interests of the members in their absence; Attending facility, worksite, regional, and other appropriate meetings; Effectively leading members to defend and advance the interests of the

membership; and


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Carrying herself or himself honorably so as to lead members by example.

Chief Stewards shall be responsible for leading the steward body, for organizing andmaintaining records of discipline and grievances, and for interfacing with managementand the Union on behalf of their memberships. Assistant Chief Stewards shall assist theChief Steward in this capacity, and shall act as Chief Steward should the Chief request

such action or be unable to perform her or his duties.a) Shop Steward Elections

i) Shop steward elections to add new stewards to the existing steward group will be held at least twice per year. In new bargaining units, the members shall begiven an opportunity to elect their stewards within thirty (30) days of becoming acertified bargaining unit of the Union. Within each respective bargaining unit,members of individual shops shall select their own stewards.

ii) A Shop Stewards Election Chairperson shall be selected from within a worksiteor operations by a majority vote of its current members (the first of such votes to be organized by the Union and thereafter, by the existing Shop Stewards). TheElection Chairperson shall solicit nominations during a nomination period of noless than one week, which time period shall be widely publicized to the membersin that county or worksite. After the nomination period, the Chairperson willcollect and forward all received nominations to the Board of Directors prior toorganizing and running the election. Under no circumstances shall suchChairperson be a current steward or have submitted their own nomination forstewardship.

iii) Elections will be organized by the Shop Stewards Election Chairperson, and will be conducted by secret ballot at a local membership meeting(s) or at each work operations area. Voting will be publicized with at least 10 days notice. In thecase of elections conducted in person, a minimum of three (3) election periods,

on different shifts and of at least two (2) hours duration, will be held in order formembers to vote.

iv) Regardless of whether voting occurs in a meeting or at work sites, ballots will besubmitted by members in envelopes marked over the back flap with themembers signature and legibly printed name. Ballots and envelopes shall only be provided to verified members who are not in a suspended status. Under nocircumstances shall voting occur electronically. All ballots submitted inenvelopes shall be crosschecked against a current membership list to ensure thatno member votes more than once.

v) Ballots will be counted by the Shop Steward Elections Chairperson at a pre-announced public venue. All members are encouraged to attend and witness thecount. Envelopes shall not be opened nor ballots counted unless a minimum of three (3) members (other than the Elections Chairperson) is present. All memberspresent shall sign a witness statement attesting to the validity of the count.Ballots shall be retained by the Elections Chairperson and submitted to the Boardof Directors for review and storage within fourteen (14) days of the election.


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vi) Stewards shall be elected by a simple majority vote of all votes tallied.Candidates shall be placed on the ballot with a space to mark approve.Members shall place a mark of approval next to every single candidate of whomthey approve. If a member does not wish to approve a candidate, they shall leavethe space blank. Only members who receive a majority of the total votes castshall be approved. Candidates who receive less than a majority of the total

number of votes cast shall not be approved . These instructions shall be clearlyexplained on the ballot sheet provided to each member at the time of the vote.

vii) There shall be no limit to the number of stewards permitted in any areaoperations.

viii) Continuing stewards shall be required to stand for reconfirmation everytwo (2) years. A vote to remove an existing steward shall only be valid if 10% of the members in that stewards operations have participated in the election.

ix) Chief Stewards and Assistant Chief Stewards shall be selected by a majority voteof the stewards in their operations. There shall be no minimum stewardexperience requirement in order to stand for Chief or Assistant Chief. Electionsfor Chief Steward and Assistant Chief Stewards shall be held no less than onceevery two (2) years. There is no limit to how long a member may serve as Chief Steward or Assistant Chief Steward, provided that said member is reconfirmedas a steward in accordance with these Bylaws.

b) Shop Steward Governance Procedures

i) There shall be no prohibition against consensus-driven boards of Co-Chief Stewards approved by the local stewards, provided that such boards do notexceed three (3) Chief Stewards in number and that they equally divide the Chief Steward workload.

ii)

The collective group of area stewards designated for a particular region shall bethat areas Stewards Council. Stewards Councils shall be gathered at any timenecessary by the request of two (2) or more stewards for the purpose of discussing and/or determining any matter of importance. The Chief Steward(s)shall organize Stewards Councils within at least two days but no greater than tendays following the date of the request.

iii) Stewards Councils shall be designated by geographic area and single bargainingunits shall be permitted multiple Stewards Councils as practical and necessary,upon the approval of the Board of Directors.

iv) Chief Stewards, Assistants Chief Stewards, and stewards can be removed only by a vote of no confidence on the part of the same member-group by whom they

were elected. A vote to remove a steward shall be undertaken followingsubmission of a petition requesting such recall that is signed by at least 30% of the members in that stewards operations. The vote shall be subject to the sameelection guidelines as the regular steward election.


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v) Any vote to remove a Chief or Assistant Chief Steward, should the stewardswish to remove said person from Chief or Assistant Chief Steward position, shall be conducted by a majority vote of current stewards. The stewards must permit aremoved Chief or Assistant Chief Steward to continue to serve in the capacity of steward unless the rest of the Chief or Assistant Chief Stewards members haveremoved her or him via a vote of no confidence as set out in this Subsection.

Should a Chief or Assistant Chief be removed from such position, proper noticewill be given to the entire steward group prior to any election held for thepurpose of filling the position.

vi) Under no circumstance shall any person in the Union - other than the memberswho elected a particular steward, Chief Steward, or Assistant Chief Steward -have the power to remove that person from their position as steward. However,a steward, Chief Steward, or Assistant Chief Steward accused of seriousmisconduct can be placed on leave by the Board of Directors pending theoutcome of an investigation by the local Stewards Council in conjunction withthe Board of Directors. Any such investigation shall be conducted and completedwithin thirty (30) days of the date that it was brought to the attention of theBoard of Directors.

SECTION 9 USE OF UNION FUNDS

a) Board authorization to pay per capita tax to AFSCME, or any labor organizationthe Union is affiliated with, is not required. In the case of a grant or acontribution to a cause(s) outside of AFSCME greater than $500, a motion toapprove must be supported by a majority of the members at a membershipmeeting or 2/3 of the members of the Board of Directors before the grant orcontribution can be paid.

b) No member of UEMSW will be allowed to spend any Union funds without firsthaving received authorization from the Board or through a vote of the majorityof members present at a membership meeting.

c) The Union shall endeavor, whenever possible, to spend Union funds with unionshops when contracting for services including, but not limited to, tradespeopleand craftspeople, hotels and hospitality, means of travel, printing, serviceproviders, etc.

d) No reimbursements shall be made without prior authorization and without theproper documentation or receipts.

SECTION 10 CHILD CARE, DEPENDENT CARE, AND ELDER CARE

UEMSW recognizes that caring for children, dependents, and/or the elderly can be a barrier to actively participating in the Union or to attending membership meetings.Whenever practicable and financially prudent, the Board of Directors shall consider theadoption of policies designed to minimize those barriers and increase memberparticipation.


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SECTION 11 DELEGATES TO CONFERENCES, CONVENTIONS &EDUCATIONAL EVENTS

a) All delegates to conventions , conferences, and programs shall be chosen byelection at membership meetings. From among these delegates, the Presidentshall appoint a member responsible for reporting back to the Union membership .The member appointed shall present and submit a written report at the following membership meeting.

b) All delegates attending Board of Directors-approved conventions, conferences, oreducational programs held more than one hundred (100) miles from their homeshall be paid transportation expenses (at economy, tourist, or coach rates) asdetermined by the Treasurer, and a per diem allowance of fifty (50) dollars formeals and expenses.

c) Delegates to conventions, conferences, and educational programs held withinone hundred (100) miles from the members home shall have no travelallowance. There shall be a per diem allowance of twenty-five (25) dollars for

meals and expenses incurred by attendance at the convention, conference oreducational program. The Union will, subject to Board of Directors approval,reimburse members for lost wages associated with their service as delegates.

d) UEMSW encourages the participation of people of color, women, and all equity-seeking groups in their delegations to conventions, conferences, and educationalprograms.

SECTION 12 COMMITTEES

a) Special Committees:

A special committee may be established for a specified purpose and a specified period of time by the Board of Directors or by the membership at a membership meeting. Themembers shall be elected at a membership meeting, and may be appointed by thePresident, subject to the approval of the Board of Directors.

b) Permanent Committees:

i) Arbitration Committee

This committee shall consist of the Chief Stewards from each bargaining unit.There shall be as many Arbitration Committees as are determined by theBoard of Directors to be needed, given the geographic distribution of the

Unions membership at any given time. Arbitration Committee meetingsshall occur at least once quarterly. The role of the Arbitration Committeeshall be:

Oversee local stewards handling of all local arbitrations. Prepare a report, with attentiveness to involved persons desire for

confidentiality, on the status of all arbitrations to be submitted to theBoard of Directors and the members.


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If the committees decision is to not proceed with arbitration, the grievantmay appeal the decision to the Board of Directors.

The Board of Directors may not reverse the decision of the ArbitrationCommittee to proceed to arbitration; it can only reverse the decision notto proceed to arbitration. However, financial or other restrictions may beconsidered in regard to continuing a matter to arbitration if presented

and agreed to at a duly called Board/membership meeting. It shall be the responsibility of the local steward handling the grievance inquestion to appropriately prepare the grievant to bring their case beforethe Committee.

ii) Education Committee

This committee will: Gather information about appropriate courses and the availability of such

courses, and make recommendations to the Union on whether or notmembers should be attending.

Assist delegates in the preparation of reports to the membership onseminars and conferences, and maintain a reference file of these reports.

The Committee members will be elected by the membership and appointed bythe Locals president, subject to the approval of the Board of Directors. TheCommittee Chairperson shall be selected by the Board of Directors.

iii) Womens Committee

This committee will:

Advise and give guidance to the Board, Committee Members, and thegeneral membership on all issues that affect women in the workplace andthe union movement.

Promote leadership of women at the Local Union level and in the broaderlabor movement. Increase and support the active participation of womenin the Union and the broader labor movement.

Strive to eliminate gender discrimination in the workplace, Union, broader labor movement, and society through education andparticipation in human rights activities both in and outside of the labormovement.

The Committee members will be elected by the membership and appointed by the Locals president, subject to the approval of the Board of Directors.The Committee Chairperson shall be selected by the Board of Directors

iv) Committee Against Racism and Discrimination (CARD)


Advise and give guidance to the Board, Committee Members, and thegeneral membership on issues that affect equity-seeking groups,including workers of color, LGBTQI (Lesbian, Gay, Bisexual,Transsexual, Questioning, and Intersex) workers, and differently-abledworkers in the workplace and the union movement.


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Promote leadership of equity-seeking workers at the Union level andin the broader labor movement.

Increase and support the active participation of equity-seekingworkers in the Union and the broader labor movement. Strive toeliminate racism and discrimination in the workplace, Union, broaderlabor movement, and society through education and participation in

human rights and anti-racism activities both in and outside of the labormovement.

The Committee members will be elected by the membership andappointed by the Locals president, subject to the approval of the Board of Directors. The Committee Chairperson shall be selected by the Board of Directors.

v) Bylaws Committee


Review the Bylaws annually and make recommendations to the Board of Directors on proposed amendments.

Review any proposed amendments received from the Board of Directorsor membership of the Union to ensure that the amendment will conformto the remainder of the Bylaws and the AFSCME Constitution.

Ensure that proposed amendments submitted by members and the Boardof Directors are written in clear language, without change to the proposedmeaning or intent.

The Committee members will be elected by the membership and appointed by the Locals president, subject to the approval of the Board of Directors.The Committee Chairperson shall be selected by the Board of Directors.

vi)

Membership Support CommitteeThis committee will:

Arrange for Union members to visit other members who are ill or injured. If amember is ill or out of work due to injury for more than a week, arrange sometoken of the Unions concern and desire to help, whether the member is at homeor in the hospital.

Extend the Unions condolences in the event of the death of a member or one of their immediate family, and make other appropriate gestures in accordance withcustom or the wishes of the family concerned.

The Committee members will be elected by the membership and appointed by theLocals president, subject to the approval of the Board of Directors. The CommitteeChairperson shall be selected by the Board of Directors.


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vii) Social Committee


Arrange and conduct all social, cultural, and recreational activities of the Union,either on the committees own initiative or as a result of decisions taken at

membership meetings. Submit reports and proposals to the Board of Directors or to the membership asrequired.

Utilize a budget fixed annually by the membership. (Other than that budget, allsocial, cultural , and recreational events and activities shall be self-supporting.)

The committee members will be elected by the membership and appointed by theLocals president, subject to the approval of the Board of Directors. The CommitteeChairperson shall be selected by the Board of Directors.

viii) Local Subcommittee of AFSCME PEOPLE (Public Employees Organized ToPromote Legislative Equality)

The committee(s) shall assist the Board of Directors in developing and carrying out asound political and legislative program. Typical responsibilities include but are notlimited to:

Interviewing candidates for political office; Reviewing requests for campaign contributions for endorsed candidates; Developing fund raising and other support activities or events; Voter registration programs and Get Out The Vote activities; Reviewing and monitoring legislation of interest to the Unions members and

making recommendations to the Board of Directors on the Unions position.

The committee members will be elected by the membership and appointed by the

Locals president, subject to the approval of the Board of Directors. The CommitteeChairperson shall be selected by the Board of Directors.

SECTION 13 COMPLAINTS & TRIALS

All charges against members, Officers, Directors, and Trustees must be made in writingand dealt with in accordance with Article X of the AFSCME Constitution and Section4(o) of these Bylaws.

SECTION 14 REMOVAL OF OFFICERS, DIRECTORS, & TRUSTEES

Removal of Officers and Directors shall be effectuated according to Articles IX and X of the AFSCME Constitution.


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SECTION 15 COLLECTIVE BARGAINING

Collective bargaining is an important activity of the Union. Our purpose is to negotiate binding contracts that secure and improve the wages, hours, benefits, and workingconditions of members covered by those agreements. A Collective BargainingAgreement also creates a framework of rules that is binding on the employer, and has agrievance procedure for dispute resolution if a question arises as to the meaning of theContract or its application. Collective bargaining is intended to involve membersdirectly and actively in determining their wages, hours, and working conditions. Weachieve success in collective bargaining through organization, united action, legislativeand political activity, and the use of creative strategies and tactics. As such:

a) The right of employees to engage in collective bargaining is a matter of nationalpolicy contained in the National Labor Relations Act. Section 7 of the Act states:Employees shall have the right to self-organization, to form, join, or assist labororganizations, to bargaining collectively through representatives of their ownchoosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

b) At least thirty (30) days prior to the commencement of bargaining, the membersof each respective shop in the affected bargaining unit shall select BargainingCommittee members at a duly called meeting for that purpose. The StewardsCouncil within a given bargaining unit shall have previously determined thenumber of Bargaining Committee members.

c) The results of any tentative agreement reached at the conclusion of a collective bargaining session or sessions must be supported by a majority of the entireBargaining Committee and shall be subject to ratification by the membersaffected, with sufficient notice given to the membership and in accordance withother policies and procedures as determined by the Bargaining Committee andapproved by the Board of Directors of the Union. This provision shall extend tocontract extensions, interim agreements, and any other contractual agreement ormemorandum that affects the members of the bargaining unit. Any suchagreements shall not be effective until ratified by the affected membership inaccordance with this provision.

d) The Board of Directors shall establish policies regarding the reimbursement of lost time wages and out of pocket expenses incurred by any members of aBargaining Committee.

SECTION 16 RULES OF ORDER

All meetings of the Union will be conducted in accordance with the basic principles of decorum and respect. While the expression of dissenting opinions is stronglyencouraged, attendees who personally accost other members with abusive or violentlanguage will forfeit their right to participate in that meeting. Officers, Directors, andmembers shall refrain from interrupting others while they are speaking. Speakers shallremain mindful of the need to allow time for all to voice their views. In the event of discord, Roberts Rules of Order, Newly Revised shall be the final adjudicator of meetingprocedure.


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SECTION 17 AMENDMENTS AND MODIFICATIONS TO BYLAWS

These Bylaws are subject to ratification by UEMSWs first bargaining unit or units.

a) These Bylaws are always subordinate to the AFSCME Constitution as it nowexists or may be amended from time to time. In the event of conflict betweenthese Bylaws and the AFSCME Constitution wherein these Bylaws are lessspecific than the AFSCME Constitution, the latter shall govern. The InternationalPresident of AFSCME has the sole authority to interpret the AFSCMEConstitution.

b) These Bylaws may only be amended, revised, or otherwise changed by amajority vote of the members voting on such proposed change. Such changeshall take effect only upon written approval of the International President.Proposed amendments to this Constitution must be made at a regular or specialmeeting of the Local Union and read and voted on at a subsequent meeting of the Local Union, adequate and proper notice having been given to the

membership prior to the date on which the vote is taken. A written copy of theproposed amendment shall be furnished to every eligible voter at the meeting atwhich the vote is taken.

c) Any proposed amendment(s) to these Bylaws shall be submitted in writing to theBoard of Directors for consideration and recommendation. Should two-thirds(2/3) of the Board of Directors fail to support taking a members proposedamendment(s) to a vote of the membership, no vote will be scheduled on theproposed amendment(s) unless subsequently a petition supporting the proposedamendment(s) is signed by at least twenty-five percent (25%) of the members ingood standing of the Union and is submitted to the Board of Directors.

d) The Board of Directors may propose an amendment or amendments to theseBylaws at any time provided two-thirds (2/3) of the Board supports theamendment. Board proposals remain subject to membership approval as set outin Section 17(b) above.

e) Whenever the Board of Directors reports upon any amendment(s) to theseBylaws proposed by members or initiated by the Board of Directors, the Unionshall make a written notice to all members and a vote shall take place within nogreater than one hundred eighty (180) days from the date of said report. When anotice is sent, all forms of written media communication can and may be used,provided they are reasonably certain to reach all members.

f) In order to avoid unnecessary expenditure of union funds, all efforts will bemade to send paper ballots regarding Bylaws Amendments at the same time asthe paper ballots used for Director/Officer elections. Otherwise, the Board of Directors shall arrange for the vote to take place at a special membership meetingplanned for that purpose.


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SECTION 18 PRINTING AND DISTRIBUTION OF BYLAWS

Members will always have access to UEMSW Local 4911 Bylaws at the Union web site(www.uemsw.org). Members who request a paper copy of these Bylaws will beprovided a copy within five (5) business days; however, members are encouraged toaccept electronic copies whenever possible in order to conserve natural resources.Members with special needs may request a copy of the Bylaws in larger font as needed based upon disability.

Appendix A - EQUALITY STATEMENT

Union solidarity is based on the principle that union members are equal and deservemutual respect at all levels. Any behavior that creates conflict prevents us from workingtogether to strengthen our union.

As unionists, we are guided by our common goals of mutual respect, cooperation, and

understanding. We should neither condone nor tolerate behavior that undermines thedignity or self-esteem of any individual or creates an intimidating, hostile, or offensiveenvironment.

Discriminatory speech or conduct that is racist, sexist, transphobic, or homophobic hurtsus and thereby divides us. So, too, does discrimination on the basis of ability, age, class,religion, political affiliation, and ethnic origin.

Sometimes discrimination takes the form of harassment. Harassment means using realor perceived power to abuse, devalue, or humiliate. Harassment should not be treatedas a joke. The uneasiness and resentment that it creates are not feelings that help usgrow as a union.

Discrimination and harassment focus on characteristics that make us different; and theyreduce our capacity to work together on shared concerns such as decent wages, safeworking conditions, and justice in the workplace, society and in our union.

UMESW Local 4911s policies and practices must reflect our commitment to equality.Members, staff, and elected Officers promise to remain mindful that all sisters and brothers deserve dignity, equality, and respect.

united ems workers : afscme local 4911 - bylaws

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