UAEA has specific policies and procedures that govern both our executive board and individual members. For information on amending our bylaws, please reference Section 12.

Main Bylaws:

ARTICLE 1 - NAME AND PURPOSE

ARTICLE 2 – MEMBERSHIP

ARTICLE 3 – REPRESENTATION DEFINED

ARTICLE 4 – EXECUTIVE BOARD

ARTICLE 5 – OFFICERS

ARTICLE 6 – REPRESENTATIVES

ARTICLE 7 – ACTIVE MEMBER BENEFITS

ARTICLE 8 – ELECTIONS

ARTICLE 9 - GRIEVANCE BOARD

ARTICLE 10 – FUNDS OF THE ASSOCIATION

ARTICLE 11 - BARGAINING AND REPRESENTATION RIGHTS

ARTICLE 12 - AMENDMENTS

ARTICLE 13 - COMMITTEES

ARTICLE 14 – CONFLICT OF INTEREST

ARTICLE 15 – MISCONDUCT, MALFEASANCE, MISFEASANCE OR NONFEASANCE BY ANY ACTIVE MEMBER, RECALL OF EXECUTIVE BOARD

ARTICLE 16 – DISSOLUTION OF CORPORATION

APPENDIX A:

MEMBER BILL OF RIGHTS AND RESPONSIBILITIES ON THE JOB

MEMBER BILL OF RIGHTS AND RESPONSIBILITIES IN THE ASSOCIATION

ARTICLE 1 - NAME AND PURPOSE

Section 1- Name

This organization shall be known as the United Arizona Employee Association, a non-profit Arizona corporation.  This organization has been established as the officially designated representative of City of Tempe non-supervisory employees in accordance with Tempe City Code Section 2-401.

Hereafter in these bylaws the United Arizona Employee Association shall be named interchangeably as the UAEA or as ‘the Association.’

Section 2 – Purpose of UAEA

The Association shall represent these employees in interaction with City Council, the City Manager, the Six-sided Partnership, the Human Resources Department, and on city-wide committees.  The Association shall work to maintain or improve pay, benefits and working conditions of its members, and organize the membership to build its influence, visibility and respect in the Tempe community.  The Association shall be run by its members in accordance with these bylaws with the highest standards of ethics and democracy.

Section 3 – Objective of Bylaws

The objective of these bylaws is to establish rules of acceptable self-government.

ARTICLE 2 – MEMBERSHIP

Section 1 – Establishment of Membership

Membership for City of Tempe non-supervisory employees shall be effective on the date the employee signs a membership agreement form, a city dues deduction authorization form and an Arizona Coalition for Employee Rights membership form.  All permanent City of Tempe non-supervisory employees shall be eligible to become members unless designated as confidential employees by the Human Resources Department.  The membership agreement form shall include employee ID number, date of hire, home address and phone number or e-mail address. 

Section 2 – Dues

Dues for all members shall be deducted per pay period, paid by payroll deduction.  Dues collected by payroll deduction will be deposited by the City of Tempe into the UAEA bank account

Section 3 – Legal Representation for UAEA Members

The UAEA Executive Board will utilize a portion of member dues to provide legal representation to its members.  The Executive Board will make an agreement with a local law firm to provide legal services to UAEA members.  If necessary, the agreement with the law firm will provide specific requirements, but it is the intent of the Association that the law firm will provide legal advice or representation to members on employment-related issues at no cost to the member, and either referrals to qualified attorneys or additional legal services at a discounted rate.  The law firm retains the discretion to determine whether it will provide legal advice or representation for a UAEA member upon consultation with the UAEA President.

New UAEA members who request employment-related legal assistance from the law firm will be required to pay a fee of $100 to UAEA before being authorized to contact the law firm.  For the purposes of this section, a new member is defined as an employee who has joined UAEA and paid dues for less than two consecutive pay periods.

The UAEA President or Vice-President must authorize a member to contact the law firm to obtain legal advice on an employment-related issue. The UAEA President will confer with a representative of the law firm and the Executive Board will determine whether or not an employee will receive legal representation.  A separate procedure will be established by the Executive Board to allow members to contact the law firm for advice or representation on non-employment related issues.

The agreement with the law firm will specify that the firm will provide legal advice and representation to the UAEA Executive Board.  If necessary, the agreement will also clarify that the law firm will have no authority to direct or control any activities of the Association or its members.

In the event of a conflict between a member and the Executive Board, then the law firm will provide legal advice or representation to the Executive Board only.  In the event of a conflict between two members, the law firm will not be required to provide legal advice or representation to either party.

Section 4 – Suspension of Membership

Should a UAEA member be unable to pay his/her dues while on a leave of absence during which the employee is receiving reduced or no pay from the city, the member will have two options:

1. Pay member dues out of pocket to maintain the membership and the rights attached, or

2. Undergo a temporary suspension of membership while the dues remain unpaid

While suspended, a member may attend general meetings and request information from the Association, but shall have no voting, candidacy or legal representation rights.  The member’s suspension ends and rights are restored effective on the date the member:

1. Pays a $30 reinstatement fee, or;

2. Has resumed paying dues for three consecutive pay periods.

Section 5 – Termination of Membership

1. Termination of membership in the Association shall conform to the procedure detailed in the most current UAEA Memorandum of Understanding (MOU) until such time that the MOU is amended.

2. The membership of a UAEA member is terminated automatically effective on the date of the following:

1.      The member’s promotion to supervisor;

2.      Transfer to confidential position;

3.      Resignation;

4.      Retirement from the City.

5.      The member commits acts that are harmful or contrary to the interests of UAEA.

1. The UAEA Executive Board in its sole discretion may involuntarily terminate an employee’s membership if the Board determines that the member has committed an act that is harmful or contrary to the interests of UAEA. 

Section 6 –Member in Bad Standing

Any member that falls behind in his dues for two (2) month period of time will be a member in bad standing and all the benefits of voting rights shall be cancelled. A member in bad standing will have thirty (30) days to repay all dues owed to the Association or be dropped from the rolls. A member in bad standing or member that has been dropped from the rolls for being in bad standing shall pay back all dues and assessments owed to the Association.  A majority vote of a quorum of the Board, at a monthly board meeting, will be needed for a member to regain his original membership status, if he has been dropped from the rolls.

Any member that causes dissension within the membership and/or actively targets and/or “goes after” members, which causes internal investigations and/or disciplinary proceedings and/or defames, slanders or attacks by words or actions the members of UAEA, and/or is in such a position that causes a conflict of interest whereby the membership is negatively impacted by the actions or words of that member due to the position, the member shall be immediately removed from UAEA membership until such time as the member seeks reinstatement by the Board and the Board has made a determination as to the member’s reinstatement request.

Section 7 – Written Notice of Resignation

Members shall submit a written notice of resignation to the Secretary.

Section 8 – Authority of the Membership

A decision of the membership shall require a majority (50% plus one) of those voting.

The membership shall have authority in the following respects:

1. It shall have the power to ratify amendments to the bylaws proposed by the Executive Board.

2. It shall elect all officers of the Association during regular elections.

3. It shall ratify any memorandum of understanding (MOU) negotiated with city management.

Section 9 – Membership Rights

Every UAEA member not under suspension as described in Section 4 shall have the following rights:

A.    The right to vote by secret ballot on MOU ratifications.

B.     The right to vote by secret ballot in all officer and representative elections in accordance with these bylaws.

C.     The right to attend all general and special meetings, to participate in discussions, and vote when requested.

D.    The right to be a candidate for elective office and/or position in accordance with the provisions of the bylaws and to serve on committees.

E.     The right to be fairly represented by a designated UAEA representative.

F.      The right to participate in all social, educational and cultural activities of UAEA.

G.    The right to receive a fair and open hearing before the Grievance Board in accordance with the provisions of these bylaws on any charge brought by him/her or against him/her.

H.    The right to request a review of a Grievance Board decision by the Executive Board.

Section 10 – Membership Responsibilities

In order to maintain order, consistency and unity of purpose, all UAEA members are expected to:

A.    Strengthen and defend the Association and its membership.

B.     Participate and support to the fullest extent possible in collective actions of UAEA.

C.     Respect the rights of fellow members.

D.    Follow the terms of the current MOU and refrain from any conduct that would interfere with the performance by UAEA of its obligations.

E.     Comply with the decisions of the UAEA membership or Executive Board, made pursuant to these bylaws.

F.      Observe orderly procedure and decorum at all meetings.

G.    Keep the UAEA Executive Board advised of his/her current mailing address and phone number. Notice to the last address shall constitute notice to the members for all purposes under the bylaws.

Section 11 – Non-Member and Association Responsibilities

Non-Members are permanent City of Tempe non-supervisory employees that are eligible to become members by the Human Resources Department and the City Charter; however, have chosen not to join the UAEA Association and do not pay dues to UAEA.

ARTICLE 3 – REPRESENTATION DEFINED

Section 1 – Duty of Representatives

The Representatives shall keep the Active Members informed on any and all events by the organization, meetings, activities, new City policies and procedures, Bylaw revisions and will assist the Active Members with any problems concerning the organization. Representatives will actively promote and recruit new members.

Section 2 – Duties Owed to Active Members

Representatives shall assist any unit member during a grievance, including helping the member with drafting grievances, responding to a Part I, Part II, or Part III. Will attend any investigation with the involved member. Active Members receive assistance with grievance issues throughout the entire grievance process. Active Members shall have 24/7 access to UAEA legal.

Section 3 – Duties Owed to Non-Paying Members

Non-paying unit members may receive guidance with discipline issues only during the initial phase (the first meeting or Part I). Non-paying members shall not have access to UAEA legal. Representatives shall not use legal to assist a non-paying unit member in any way. Representatives are not required to assist in the drafting of a response to discipline on behalf of the non-paying member. Representatives are not required to spend more than one-hour in consultation with the non-paying unit member.

ARTICLE 4 – EXECUTIVE BOARD

Section 1 – Composition

The Executive Board is the governing body of the Association and shall consist of the elected officers and the four at-large elected representatives.  The Officers consist of the President, Vice President, Treasurer, Secretary, Communication Director, Membership Director, and Resolution Director.

Section 2 –Meetings

The Executive Board shall meet on a monthly basis at the scheduled time and place known to the membership or through virtual platform.  Special meetings of the Executive Board may be called by the President or upon request of an Executive Board member.  A record will be made of issues voted upon by the Executive Board. Members of the Executive Board shall excuse themselves from voting on items or issues upon which they have a conflict of interest.

All meetings shall be conducted in conformance with Roberts Rules of Order (“RONR”), which are common rules and procedures for deliberation and debate in order to place the whole membership on the same footing and speaking the same language; which will be used in conducting UAEA meetings.

Elected officers and representatives will be expected to attend each Executive Board meeting, unless notification of an absence is provided to the Board in advance. 

Section 3 – Authority

The Executive Board shall have the authority granted to it by these bylaws, including, but not limited to, the following:

A.    To authorize an annual budget.

B.     To establish plans, policies, and procedures that are required for the direction and operation of the organization.

C.     To approve of all contracts for services rendered such as rent, office equipment, legal services, accounting or other professional services.

D.    To establish policy for the legislative and political activities of the Association.

E.     To establish such standing committees as are necessary and consistent with the achievement of the purposes of the organization.

F.      To elect the chairs of all committees.  The chairs shall appoint committee members, with the advice of the Executive Board.

G.    To remove a Board member, upon a majority vote, for excessive unexcused absences.

H.    To temporarily appoint a member to fill a vacant Board member position until a successor can be elected.

I.        Litigate for costs or money’s owed to the Association by any person or entity; whereby the Association, in good faith, loaned, or contracted with a person or entity which cost the Association money out of the membership dues, and is owed to the Association for non-payment; the Executive Board may appoint an attorney or a Board member to litigate on its behalf for the money or duties owed to the Association.

J.       By a majority vote of the Executive Board, any Board member may be suspended including stipend if the Board has evidence that the Board member is not performing their duties as defined in the Bylaws, the Board then activating Article 9 for an independent review and recommendation about the suspended Board member by a Grievance Committee.

Section 4 – Quorum and Agenda

Attendance by at least three officers and two representatives on the Executive Board shall constitute a quorum.  The President shall cause an agenda to be prepared for each meeting of the Executive Board before each meeting and, upon request will provide a copy of the agenda to all Executive Board members in advance. 

Section 5 – Attendance and Vacancies

All officers and representatives shall make every effort to attend all Executive Board meetings.  Any Board members who cannot appear at regular meetings shall notify the President that they shall be absent and give a reason for such absences.  The President may excuse members subject to the approval of the Executive Board. 

Excessive absence is defined as failure to attend two consecutive meetings without excuse.  The Executive Board, upon a majority vote (50% plus one) of members present, may remove the Board member who has been absent excessively, appoint a temporary successor, and schedule an election for a permanent replacement.  The Executive Board shall follow the same procedure in the case of a voluntary resignation from the Board.

Section 6 – UAEA Treasurer and Financial Record Keeping

The Executive Board shall have the authority to contract the services of a treasurer, who will be a person or entity qualified to maintain financial records and manage the Association’s obligations with appropriate state agencies and the Internal Revenue Service.  The treasurer is not required to be a city employee or UAEA member.  The treasurer shall prepare monthly financial statements to be reviewed by the Executive Board and presented to the general membership.  The treasurer’s report shall be subject to verification and supportive data must be supplied if requested.  The treasurer shall maintain records which show the receipts and disbursements pertaining to the funds of the Association.  The Association’s financial records shall be open for inspection and verification at any time as authorized by the Executive Board.  The treasurer is responsible for producing monthly reports of all spending under itemized categories.  The treasurer will assist the President in the preparation of an annual budget for submission to the membership and for approval by the Executive Board.

ARTICLE 5 – OFFICERS

Section 1 – Offices and Election Cycles

A.    The Officers shall consist of a President, Vice President, Secretary, Treasurer, Communication Director, Membership Director and Resolution Director.  Each of these Officers shall be a member of the Executive Board and their term of office shall be two years, except for the Treasurer that will remain until such time as the position will be appointed by the Board.

B.     Treasurer position shall be appointed by a majority of the Board due to the skill level of the position and shall be ratified by a majority (50% and one) of the active dues paying membership. Treasurer shall remain as Treasurer until such time the Treasurer desires to leave or the Board desires to replace the Treasurer.  Treasurer shall be eligible to vote if a member of the Association.

C.  No officer shall hold two offices simultaneously.

D.  Representatives shall be elected for a two-year term, with two representatives elected each year starting with the 2021 election cycle.

Section 2 – Duties of the President

The President shall be the presiding officer of the Association and shall preside over all Executive Board and general meetings.  The President shall be one of the persons authorized to sign contracts and agreements.  The President shall appoint the membership of committees with advice from the Executive Board.  He/She shall give a full report of activities at Executive Board meetings.  He/She shall sign contracts on behalf of the Association.  He/She shall be an ex-officio member of all committees.

The President shall act as the Association’s chief administrative and principal officer.  The President shall direct all organizing, political action, representation, and negotiations of the Association subject to the policies authorized by the membership and the Executive Board.  He/She shall serve as chief negotiator unless he/she delegates that authority to others.  The President shall represent the Association before all committees, departments, and such other official bodies as may be designated by the Board.  He/She shall receive all complaints and grievances and seek solution of same.  He/She shall report his/her activities to the Executive Board and membership at regular meetings and at special meetings when asked to do so. The President shall sign contracts and memoranda of understanding on behalf of the Association.  The President shall make recommendations to the Board for strategic planning and policies for the increased strength and effective administration of the Association.

With the aid of his/her staff, it shall be the duty of the President to maintain an accurate record of the members of the Association, showing their classification, address, and phone number, regular, all initiations; suspensions and expulsions.

The full duties of the President are outlined in a full job description titled “UAEA President and Vice-President Job Description.” The President must be capable of performing all the duties listed in the job description.

Section 3 – Duties of the Vice President

The Vice President shall perform as presiding officer in the absence of the President and shall assist the President in the operation of all the affairs of the Association.  He/She shall carry out duties assigned by the President and assist in any Executive Board duty as needed. 

The full duties of the Vice-President are outlined in a full job description titled “UAEA President and Vice-President Job Description.” The Vice-President must be capable of performing all the duties listed in the job description in the absence of the President.

Section 4 – Duties of the Secretary

The Secretary shall keep the official minutes of the organization's membership, Executive Board and special meetings, and shall keep such books and records as required under Title 10 of the Arizona Revised Statute (i.e., minutes, agendas, election and voting records, complaints, attendance sheets), or any document that the Executive Board may require. The secretary shall maintain a current membership list. The secretary shall propose and review any Bylaw changes that are brought before the organization at the membership meetings or Executive Board meetings.

Section 5 – Duties of the Treasurer

The Treasurer shall have custody and control of all transaction records of the organization, subject to the action of the Executive Board and shall, when requested by the President, report the state of the finances of the organization at each meeting and at any meeting of the Executive Board. Shall perform such other services as the Executive Board requests. 

Section 6– Duties of the Communication Director

The Communication Director shall have the overall responsibility for ensuring effective communication between the Executive Board and the members. The Communication Director shall establish and maintain a communication flow chart for Association members within each department.  The Communication Director shall, at the direction of the President, prepare and send e-mail, voice or paper messages to the appropriate representatives who will be tasked with passing the messages on to individual departments or work groups. 

The Communication Director will assist in developing and updating the Association website and shall be responsible for publishing the quarterly newsletter, with the input of the Executive Board.

Section 7 – Duties of the Membership Director

The Membership Director will be generally tasked with maintaining and growing the membership of the Association.  The Membership Director will also prepare new member welcome packets and will coordinate new employee welcome luncheons.

Section 8 – Duties of the Resolution Director

The Resolution Director is responsible for coordinating the recruiting, training and workplace coverage of UAEA resolution specialists. This Director will also track the activities of resolution specialists, monitor the issues addressed and outcomes achieved and report on these to the Executive Board.

Section 9 – Executive Board Member Stipends

Recognizing the need to attract and maintain hard working and dedicated officers, and in view of the fact that the President and other Executive Board members will sometimes be required to work on UAEA business outside of city compensated hours, a stipend will be provided to Executive Board members as follows:

1. The President shall receive a monthly stipend of one dollar and fifty cents ($1.50) per UAEA member.

2. The Vice President shall receive a monthly stipend of one dollar ($1.00) per UAEA member.

3. The Secretary shall receive a monthly stipend of seventy-five cents ($.75) per UAEA member.

4. The Treasurer shall receive a monthly stipend of seventy-five cents ($.75) per UAEA member.

5. The Communication Director, the Membership Director and the Resolution Director shall receive a monthly stipend of seventy-five cents ($0.75) per UAEA member.

6. Each elected representative shall receive a monthly stipend of fifty cents ($0.50) per UAEA member.

The number of UAEA members will be based on the City-furnished payroll (‘Peoplesoft’) report for the second pay period of the preceding month. The stipends shall be paid from the UAEA bank account no later than Friday of the first full week of each calendar month and shall cease on the last full month of the term of office.

ARTICLE 6 – REPRESENTATIVES

Section 1 – General

The membership will elect four (4) at-large representatives, two elected in each year’s election for a two-year term, to sit on the Executive Board and to perform duties listed below.  No more than one representative from a specific work group and no more than two representatives from the same department may be elected.  In case less than two individuals run for elected representatives, the Executive Board shall have the authority to appoint representatives, subject to the above work group and department limitations.

Section 2 – Duties of Representatives

The Representative has no greater rights than any of the members of his/her work group.  The responsibilities of the Representative, however, are greater than those of regular members.

A.  The Representative is the day-to-day organizer in the workplace. 

B.  In the absence of the members, the Representative represents his/her department in all meetings of the Association.

C.  Subject to these Bylaws, the first line of contact with management is the Representative and he/she will attempt to resolve issues at the lowest level possible.

D.  All matters of importance to any active member of their department become of importance to the Representative.

E.   The Representative shall attend department labor management committee meetings and will coordinate attendance of other members if needed.

F.   The Representative shall attend all Executive Board meetings and shall notify the Board if unable to attend.

G.  Representatives who are excessively absent from labor management or Executive Board meetings are subject to removal by the Executive Board.

H.  All Representatives shall have copies of the Bylaws, MOU, and any working agreements pertinent to their department available for reference at all times.

I.    Respect and confidentiality of specific member issues is critical.   Unless he/she has consent of the member, a Representative will keep details of member issues confidential, other than necessary communication with the Executive Board.

ARTICLE 7 – ACTIVE MEMBER BENEFITS

Section 1 – Benefits Potentially Available

The organization may establish and make available benefits, in addition to those offered by the city, to dues paying members such as insurance plans, savings plans, any other benefits the Board secures that might benefit the active membership at a reasonable cost to the individual member.

Section 2 – Legal Representation

The organization shall provide a legal assistance plan for its Active Members, referred to “UAEA Fair Representation and Legal Policy.”

Section 3 – Appeal

Active Members in good standing who were dues paying member prior to the incident, may have the right to appeal a discipline pursuant to the City of Tempe’s Personnel Rules and Regulations.  Active Members may have a right to legal counsel to represent them during the appeal process including appeal representation.  If an Active Member desires to appeal a discipline, they are required to comply with the following:

1.      Notify UAEA Executive Board,

2.      Send an appeal notification to City of Tempe Human Resources,

3.      Meet with UAEA legal counsel. 

If the Active Member requests an appeal from the City of Tempe Human Resources, and UAEA Executive Board but fails to maintain contact with UAEA’s legal counsel, and fails to meet with legal counsel, legal counsel shall withdraw as counsel in the appeal matter.  Legal counsel shall: 1.) Send a notification to UAEA’s Executive Board advising of the Active Member’s failure to meet and communicate with counsel.  2.) Legal counsel shall send a notification withdrawing as legal counsel to the City of Tempe. Neither UAEA nor legal will have any further dealings with the Active Member’s appeal.

ARTICLE 8 – ELECTIONS

Section 1 – Terms

Except for the first election in 2011, the officers of the Association shall be elected every two years during the month of June.  In even-numbered years, the President, Secretary and Communications Director shall be elected, and in odd-numbered years the Vice-President, Membership Director and Resolution Director shall be elected.  New terms of office shall commence on July 1.  Two representatives shall be elected each election cycle, with a total of four representatives serving two-year terms.

Section 2 – Nominations

Nominations for Association officers and Representatives shall be made at least twenty-one (21) days prior to the election.  The Election Committee shall transmit a list of nominations to the Executive Board, which will provide written notice of the nominations and elections to the members prior to the election.

Section 3 – Eligibility for Executive Officer Excluding President and Vice President

A person shall be eligible to be nominated and to serve as an elected Association Executive Officer, who has successfully completed the City of Tempe’s probationary period within their employment, and for at least twelve (12) consecutive months immediately preceding the nomination have been a member not under suspension in the City of Tempe and have paid the required dues. In addition, they must have attended at least three (3) separate membership meetings within the previous (12) months or attended at least two (2) membership meetings and successfully served on a UAEA committee by attending all meetings, prior to the election year. For example, UAEA committee participation may include but not limited to coordinating and leading a labor management committee (LMC) for three or more meetings during the prior twelve (12) months; participating as a meet and confer MOU team member for the most recent negotiations attending all meetings; serve on negotiation topics committees as a research volunteer; service as an election committee member or other UAEA committee that may be formed by the Executive Board from time to time.

Section 4 – Eligibility for Executive Officer Positions of President and Vice President

For positions of President and Vice President, a person shall be eligible to be nominated and to serve as the elected president or vice president who has successfully completed the City of Tempe’s probationary period, within their employment, and for at least twenty-four (24) consecutive months preceding the nomination date have paid the required dues, attended at least three (3) separate membership meetings within the previous (12) twelve months, and have not been under suspension with the City of Tempe for five (5) years preceding the nomination. In addition, a person running for President or Vice President must have served as one of following offices by election of the members: Membership Director, or Communication Director, or Treasurer, Secretary, or Citywide Representative or Resolution Director for one full term or served on the UAEA negotiation team with only one absence out of all negotiation meetings. Previous union experience with another organization may be considered based on the approval of the current Executive Board.

The President and Vice-President must be able to assume their positions on the first business day of their terms and be capable of fulfilling the duties as stated in the “President and Vice-President” job description.  Additionally, the President and Vice-President are officers of the United Arizona Employee Association Corporation, and as such must be eligible to serve as an officer of an Arizona corporation. If an elected President or Vice-President cannot assume the duties or are deemed ineligible to serve as an officer of an Arizona corporation on the first business day of their term, they forfeit and the candidate receiving the next highest vote count assumes the position.

Section 5 – Election Committee

An Election Committee of at least three (3) members shall be appointed by the President prior to the election.  The Committee shall select one of their members as chair.  The duties of the Election Committee shall be:

A.  Conduct the affairs of the election;

B.  Validate the qualifications of the nominees;

C.  Act as the initial judge in all matters concerning the election procedures;

D.  Be responsible to tabulate the results of the elections;

E.   Certify the results of the election.

No member of the Election Committee may be a candidate for office, or a member of the Executive Board.  Members not satisfied with a ruling of the Election Committee may petition the Grievance Board within fifteen (15) days after the act complained of.

Section 6 – Information

Within one (1) week of the close of nominations the President with the approval of the Election Committee will distribute a newsletter and/or e-mail message to all members that shall include notice of all balloting times and places and statements by all candidates for office.  Notice of election and candidates shall be posted on Association bulletin boards in all worksites.

Section 7 – Election Process

Voting shall take place either online or by paper ballot.  There shall be no write-in candidates.  Absentee voting will be permitted for members who will be unable to vote in-person on the election date. Ballot boxes and absentee ballots shall be sealed until all balloting is completed.  Each candidate may send an observer to the count.  The candidate receiving the plurality of votes for an office shall be elected.  The Committee shall publish the results of the election promptly. 

Once ballots have been printed and are ready to be disseminated, a Candidate’s name cannot be removed from the ballot. Candidates choosing to withdraw from an election must do so in writing to the President or designated person of the Election Committee. If the ballots have been printed and a Candidate has properly notified the President or designated person for Election Committee of the desire to withdraw from the election, the President or Election Committee may send an email notice to all members advising of the Candidate’s withdraw only if there is sufficient time and ability to do so. If a Candidate abdicates the seat once elected, the seat shall be considered vacant and shall be filled in accordance with Section 9 of this Article

Section 8 – Absentee Ballot

The Election Committee will provide a mailing address for absentee ballots at the time ballots are printed.

The Election Committee may establish a procedure for proxy or online voting subject to the approval of the Executive Board.

Section 9 – Unopposed Candidate

Candidates running unopposed will automatically be elected to the seat they were nominated to run for without proceeding through the election process.

Section 10 -- Fairness

The Association shall not discriminate against any candidate.  Candidates shall be supplied with lists of eligible voters at their request.  Any information made available to one candidate will be made available to other candidates upon request.

Section 11 – Vacancies

The Executive Board shall have the discretion to appoint a temporary replacement for any officer or representative who:

1.      Is removed for excessive absences as defined in Section 4-5, or

2.      Voluntarily resigns his/her position, or

3.      Is unable to perform his/her duties for more than 30 consecutive days. 

Should the vacancy be the President, the Vice-President assumes the role with confirmation of the Executive Board for the remainder of the current term, and the Executive Board may either appoint a Vice-President or run a special election for the remainder of the current term of Vice-President. The Executive Board shall designate the term of the appointment and shall have the discretion to reinstate an officer or representative upon a showing of good cause.  If election of a permanent replacement is needed, the Executive Board shall determine the timing of the election and follow the nomination procedure in Section 8-2.

ARTICLE 9 - GRIEVANCE BOARD

Section 1 – Establishment of Board

The Executive Board shall establish a Grievance Board to hear grievances brought by or against a member, representative or officer.

The Executive Board shall appoint a minimum of three Association members who are not officers to the Grievance Board.  The Executive Board shall select a chairperson of the Grievance Board.  Any grievances from members shall be directed to the chairperson, who will then assign a minimum of three Grievance Board members to hear the grievance and issue a ruling in writing.

Section 2 – Grounds for Grievances

The grounds for filing grievances may be but are not limited to:

1.      Failure to comply with or enforce the memorandum of understanding

2.      Dishonest statements or unethical practices;

3.      Incompetence of representative or officer.

4.      Violation of UAEA Bylaws

Section 3 – Grievance Board Procedures

A.    The Grievance Board shall be the trial body.

B.     The grievance shall be filed in writing with the Grievance Board chairperson.

C.     A written copy of the grievance must specify the events or acts which the grieving party believes constitute a basis for the grievance and must state which subsection(s) these bylaws the grieving party believes has been violated.  If the charges are not specific, the trial body may dismiss the charges either before or at the hearing, but the grieving party shall have the right to re-file more detailed charges which comply with this section.  No charges may be filed more than 90 days after the grieving party learned, of the act or acts, which are the basis of the grievance.

D.    Within ten (10) calendar days of the receipt of the complaint, the Grievance Board Chairperson shall notify the accused member in writing of the charges.  The accused member, within ten (10) calendar days from the date the notification is sent, may file a written answer to such charges with the Grievance Board Chairperson.  The Chairperson shall forward such answer to the trial body.

E.     A hearing shall be held on all grievances within thirty (30) calendar days of the date the Grievance Board Chairperson receives the grievance.  The Grievance Board Chairperson shall notify the accused member of the date of the hearing in writing. The accused member has the right to request one continuance of the hearing date, without cause, not to exceed thirty (30) calendar days. 

F.      The accused member shall have the right to be present at the time of this trial, to be represented by a fellow member, to confront his/her accusers, to cross examine witnesses, to supply supportive material, and to compel the production of Association records pertinent to the case.

G.    The accused shall be presumed innocent until proven guilty and may not be compelled to testify against him/herself.

H.    The accused shall have the choice of an open or closed hearing.

Section 4 – Disposition of Grievance

The Grievance Board, after requisite due process has been afforded, may impose such penalty as it deems appropriate and as the case requires.

Section 5 – Appeal of Decision

Either party shall have the right to appeal, in writing, the decision of the Grievance Board within fifteen (15) calendar days to the Executive Board.  The Executive Board will issue a ruling within 60 days of the filing of the appeal.  The decision of the Executive Board is final.

ARTICLE 10 – FUNDS OF THE ASSOCIATION

Section 1 – Changing Association Dues

The Association shall strive to operate on a balanced budget. Regular Association dues shall only be changed by a secret ballot vote of the members. 

Any increase in the rate of dues shall be made only in accordance with the following procedure:

A.  The Treasurer shall give reasonable notice to the membership at least fifteen (15) days prior to the date designated on which the membership will consider the question of whether or not such dues shall be changed.  The notice shall indicate that the membership will vote on the change.

B.  The voting shall take place by secret ballot at the regular or special meeting(s) designated and by online or other approved absentee ballot.

C.  A majority vote (50% plus one) by secret ballot of the members voting shall decide the issue.

The Executive Board shall be responsible for recommending a level of dues to the membership that will support the Association’s ability to meet the needs of its members.

Section 2 – Payment of Dues

Membership dues shall be paid through payroll deduction. It shall be the responsibility of the individual member to notify the Association of any change in their employment/pay status that might require a temporary suspension of membership or an alternative means of payment method of his/her dues obligation.

Section 3 – Maintenance or Suspension of Dues

In order to remain an active member, any member who is on reduced pay due to disability or on unpaid leave lasting more than one pay period shall pay the regular dues required for members for the duration of the period.

The member may request a temporary suspension from membership and no dues shall be required for the duration of said disability or unpaid leave.  Any member on temporary suspension shall have no voting or representation rights during the suspension.

Section 4 – Use of Dues

All monies collected, except as specifically designated, shall be placed in a general fund to be used for the payment of all charges against the Association legally authorized by the Executive Board or the membership.

Section 5 – Other Fund Raising

The funds of the Association shall be raised by dues. Any other means of fund raising for the Association must be approved by a vote of the membership.

Section 6 – Budget and Financial Statements

The budget of this Association shall be developed by the President and Treasurer. It must be approved by the Executive Board. A financial statement of the Association shall be made available at general meetings including all transactions of the Executive Board for inspection by members.

Section 7 – Record Keeping

All records of financial transactions shall be kept for no less than six (6) years or longer if required by applicable law.

Section 8 - Funds and Property of the Association

The funds and property of the Association cannot be divided in any manner among the members individually, but shall remain the funds and property of the Association for its legitimate purposes.

All officers shall deliver to their respective successors, at the conclusion of their term of office, all property in their possession belonging to this Association.  All funds and property of the Association shall be deemed held in trust for the benefit of the members, to be used in accordance with the directions of the membership and the Executive Board.

The title of all property, funds and other assets of this Association shall at all times be vested in the Executive Board for joint use of the membership of this Association; but no member shall have any severable proprietary right, title or interest therein.

Membership in this organization shall not vest any member with any right, title or interest in or to the funds, property or other assets of this Association now owned or possessed or that may hereafter be acquired, and each member hereby expressly waives any right, title, or interest in or to the property of this Association.

Section 9 – Responsibility for Association Property

Any member, officer or staff person using Association property or taking that property off the Association’s premises shall return such property in good condition to the Association and be held responsible for any loss or damage due to carelessness.

ARTICLE 11 - BARGAINING AND REPRESENTATION RIGHTS

 Section 1 – Chief Negotiator

The President or his/her designee shall serve as Chief Negotiator.

Section 2 – Bargaining Team Appointment

The President shall appoint a bargaining team before the expiration of the Memorandum of Understanding (MOU).

Section 3 – Bargaining Team Responsibilities

The bargaining team shall comply with all the requirements of the Meet and Confer process ordinance (Tempe City Code Section 2-426).

Section 4 – MOU Ratification

Ratification of the MOU shall be by secret ballot of the members. An affirmative vote of no less than a plurality of the Active Members who cast a vote, shall constitute such approval and ratification of said Memorandum of Understanding.

ARTICLE 12 - AMENDMENTS

Section 1 – Bylaws Board Responsibility

Proposed amendment(s) of the Bylaws may be originated by a two-thirds (2/3) vote of the Executive Board.

Section 2 – Bylaws Ratification

Once the Executive Board has drafted an amendment to the Bylaws, the Board will schedule a ratification vote and will give written notice to the membership of the proposed change and the date of the ratification vote at least 15 days prior to the vote.  The ratification of the proposed amendment(s) shall be decided by a majority of members voting.

ARTICLE 13 - COMMITTEES

Section 1 – Committee Appointment by Board

The Executive Board may establish such standing committees as are necessary and consistent with the purpose of the Association.

Section 2 – President Shall Monitor Committees

All committees will be monitored by the President to assure that committee duties are carried out.

Section 3 – Committee Chair Appointment

The Executive Board shall elect the chairs of all committees.  Members shall be appointed jointly by the President and the chairs, with the advice of the Executive Board. 

ARTICLE 14 – CONFLICT OF INTEREST

A conflict of interest shall exist when a Board member, Active Member and/or agent of the UAEA cannot act in the best interest of the UAEA due to association with any person, organization, business, and/or legal entity. A conflict of interest shall render the Board member, Active Member, business, and/or agent unable to act on behalf of the UAEA as it relates to dealings with the other person, organization, business, or legal entity. If a Board member is applying for a promotional position within the City, that Board member should be recused from negotiating or working on behalf of an Active Member with or against the City, in order to refrain from the appearance of a conflict or impropriety.

When officers, Active Members or agents of the UAEA believes a conflict of interest may exist, they shall immediately cease acting on behalf of the UAEA as it relates to the potential conflict and notify the Executive Board in writing. The Executive Board may or may not, at its discretion, seek an opinion from its legal advisor concerning the conflict. If an opinion is sought from its legal advisor, the opinion shall be in writing and advisory only to the Executive Board.

If after a vote of the Executive Board, the conflict of interest is deemed to exist, the Board Member, Active Member and/or agent of the UAEA shall not resume representation of the UAEA as it relates to the conflict; however, the Board Member, Active Member and/or agent shall continue to have all authority and powers to act in other areas not related to the area of conflict, unless it purports an appearance of impropriety.

This article shall control and supersede all other articles relating to the powers and authority of officers, Active Members and/or agents of the UAEA.

ARTICLE 15 – MISCONDUCT, MALFEASANCE, MISFEASANCE OR NONFEASANCE BY ANY ACTIVE MEMBER, RECALL OF EXECUTIVE BOARD

Section 1 - The Following Shall Constitute Misconduct:

A: Refusal or intentional failure to comply with or abide by the provisions of the Bylaws or official decision of the Executive Board.

B: Committing any act of fraud, embezzlement or misappropriation of any funds or property or other things of value belonging to the organization; or refusing or intentionally failing to comply with the provisions of the Bylaws which require full and accurate accounting of all funds, property, books and records for examination, audit or financial review.

C: Filing false charges against any officer, Active Member representative, consultant or agent of the organization provided, however, that it is understood that for the purpose of this provision, false charges are not merely charges of which a person is acquitted, but rather charges which are filed recklessly or in bad faith without substance, foundation or reasonable basis of support.

D: Committing any physical assault upon any officer, Active Member, representative, consultant or agent of the organization thereof while engaged in the performance of duties for the organization.

Section 2 - The Following Shall Constitute Misfeasance:

      Any wrongdoing or misconduct by an official or representative of the organization in the performance of related job duties.

Section 3 - The Following Shall Constitute Malfeasance:

      The performance of a lawful act in an illegal or improper manner by an official or representative of the organization.

Section 4 - The Following Shall Constitute Nonfeasance:

      The intentional or willful failure to act by any official or representative of the organization in connection with the official duties or as directed by the Executive Board.

Section 5 - Who May Prefer Charges:

      Any Active Member may prefer charges under the provisions of this article.

Section 6 - Who May Be Charged:

A: Any Active Member of the organization may be charged with misconduct.

B: Any official or representative of the organization may be charged with malfeasance, misfeasance or nonfeasance.

Section 7 - Proper Form and Filing of Charges:

A: To be properly filed, charges must be filed in writing and signed by the charging Active Member(s). The charging document must specifically state the act(s) alleged to constitute a violation of this Article. Also, it must specifically identify by Article and Section number, the provisions of the Bylaws that are alleged to have been violated.

B: In the event an alleged violation involves established policies, decisions or governing principle of the organization which are not set forth in the Bylaws, the charging document shall so state.

C: A copy of the charging document filed against any person shall be sent by certified mail to the Executive Board or to the Trial Board (later defined in this article) and the accused.

D: The current mailing address of the organization is the UAEA PO Box 10626, Tempe, AZ, 85284.

Section 8 - Response to Charges:

A: The accused shall have thirty (30) days from the post marked date of the certified letter, containing the charging document to respond to the charges. The response must be filed in writing and delivered to the Trial Board by certified mail. If the accused fails to respond, the charges shall stand as filed.

B: The accused may deny the allegation(s), in which case a Trial Board shall convene no sooner than thirty (30) days and no later than forty-five (45) days from the post marked date of the certified letter which denies the allegation(s). If more than one person is charged, the Trial Board may hear the matter in a single session.

C: The accused may admit the allegations and file a written explanation. The letter of explanation must be signed and notarized.

Section 9 - Trial Board:

A: The Trial Board shall be two (2) representatives, selected by lottery, and one Executive Board member selected by lottery, excluding any representative or officer accused.

B: The Trial Board shall hear all evidence and arguments presented at the hearing. The Trial Board shall conclude the trial as soon as practical and then assemble in private for consideration of its findings and penalties, if any.

C: In the event the accused files a letter of admission, the Trial Board shall consider the case submitted and thereafter render a decision as to the penalty, if any to be imposed.

D: The decision of the Trial Board shall be by majority vote of the Trial Board, shall be reduced to writing and shall contain a statement of the pertinent facts involved, the charging document(s) and state a penalty to be imposed, if any.

E:   Prescribed penalties shall be either a reprimand, suspension from office, removal from office, suspension from membership or expulsion from the organization.

F:   The decision of the Trial Board is final.

Section 10 - Recall of Elected or Appointed Board Members:

A: Any elected or appointed Board Members shall be subject to recall from office at any time by a majority vote of the active membership.

B: Any Active Member may submit a request for a recall petition to the Secretary. The request must state the name of the Board Member to be recalled. The Secretary will notify the affected officer within forty-eight (48) hours of the receipt of the request. In the event that the Secretary is the affected officer, the Vice President shall perform all duties of the Secretary under this section.

C: The recall petition shall state its purpose and require the signature, printed name and employee number of the Active Member requesting the recall. In order to hold a recall election, the Active Member seeking to recall the officer must submit signatures from at least thirty percent (30%) of the active membership obtained within sixty (60) days of the receipt of the petition. The signatures shall be submitted to the Secretary on a form clearly indicating the signature, printed name, employee number, and date signed by each Active Member. The Secretary shall verify the validity of the signatures within five (5) days of receipt of the petitions.

D: If the required number of valid signatures are received by the Secretary, a recall election shall be held within thirty (30) days from the date of validation of the petitions. The recall election will be held at a special membership meeting called for that purpose.

E:   If the affected Board Member has been removed by a majority vote of the membership, the vacated position will be filled by a special election or appointed by the Board per Article 8, Section 11 for the remainder of the term.

F:   Nomination of officers for the special election shall be turned in to the Secretary no later than fourteen (14) days following the recall election on forms obtained from the Executive Board. The nomination form will conform to the requirements of these Bylaws.

G: The special election will be held within thirty (30) days of the recall election at a special membership meeting called for that purpose. The elected officer will immediately fill the position vacated by the recall.

H: All Active Members will have one vote in any recall or special election resulting from a recall. This vote may be cast on an absentee ballot if the Active Member is unable to attend a recall or special election meeting.

ARTICLE 16 – DISSOLUTION OF CORPORATION

Upon the dissolution of the corporation, The Board of Directors shall, after paying or making provisions for the payment of all of the liabilities of the corporation, dispose of all the assets of the corporation exclusively for the purpose of the corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall at the time qualify as an exempt organization or organizations under section 501(c)(5) of the internal Revenue Code of 1986, as the Board of Directors shall determine or as provided in the Articles of Incorporation.

APPENDIX A:

MEMBER BILL OF RIGHTS AND RESPONSIBILITIES ON THE JOB

·         The right to have work that is worthwhile to society, personally satisfying to the employee, and which provides a decent standard of living, a healthy and safe workplace, and the maximum possible employment security.

·         The right to have a meaningful and protected voice in the design and execution of one’s work and in the long-term planning by one’s employer as well as the training necessary 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 Association on the scope, content and structure of one’s job.

·         The responsibility to participate in the Association’s efforts to establish and uphold collective principles and values for effective workplace participation.

·         The responsibility to recognize and respect the interests of all Association members when making decisions about Association goals.

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

·         The responsibility to participate fully in the Association’s efforts to expand the voice of employees on the job.

·         The responsibility to fully and fairly utilize one’s talents and efforts on the job and to recognize the legitimate goals of one’s employer.

MEMBER BILL OF RIGHTS AND

RESPONSIBILITIES IN THE ASSOCIATION

·         The right to have opinions heard and respected, to be informed of Association activity, to be educated in Association values and Association skills.

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

·         The right to a full accounting of Association dues and the proper stewardship over Association resources.

·         The right to participate in Association’s bargaining efforts and to approve the MOU negotiated by the Association.

·         The right to have members’ concerns resolved in a fair and expeditious manner.

·         The responsibility to help build a strong and effective association and to stand up for one’s co-workers and all non-supervisory employees.

·         The responsibility to be informed about the internal governance of the Association and to participate in the conduct of the Association’s affairs.

·         The responsibility to contribute to the support of the Association.

·         The responsibility to treat all city employees and members fairly.

·         The responsibility to offer constructive criticism of the Association.