CONSTITUTION AND BY-LAWS
BUCKEYE LOCAL SCHOOL DISTRICT CLASSROOM TEACHERS’
ASSOCIATION OF THE OHIO EDUCATION ASSOCIATION OF
JEFFERSON COUNTY, OHIO
(AS REVISED SEPTEMBER 1, 2011)
Section A. The name of this organization shall be the BUCKEYE LOCAL CLASSROOM TEACHERS’ ASSOCIATION.
Section B. The BUCKEYE LOCAL CLASSROOM TEACHERS’ ASSOCIATION henceforth referred to as the Association, shall maintain affiliation with the Eastern Ohio Education Association, the Ohio Education Association, and the National Education Association.
Section A. The purpose of the Association shall be to:
Help set and promote the educational objectives of the local school system and of the state and of the nation;
Protect the welfare and advance the professional interests of its members;
Foster professional attitudes;
Establish and maintain helpful, friendly relationships within the membership and school community.
Section A. Any person employed by the Buckeye Local Board of Education as a classroom teacher and/or educational support professional who does not hold an administrative or principal’s position may become an active member.
Section B. The membership in the Association shall consist of two classes: Active and Honorary.
Section C. Active members shall be members of the Buckeye Local Classroom Teachers’ Association, the Eastern Ohio Educational Association, the Ohio Education Association, and the National Education Association.
Section D. Honorary membership in this Association shall be open to all retired teachers of Buckeye Local School District. Honorary members cannot vote, hold office or attend general sessions.
Section E. Any person holding an administrative or principal’s position, and any other professional school personnel in the Buckeye Local School District may be extended the courtesy of honorary membership.
Section F. All members shall abide by the Code of Ethics of the Education Profession.
Section A. The Officers of the Association shall be the President, Vice President, Secretary, and Treasurer.
Section B. All Officers shall hold office for a two-year term beginning June 1st and ending May 31st. The President and Vice President shall be elected in odd years. The Treasurer and Secretary will be elected in even years.
1. Whenever the office of President becomes vacant due to death, incapacity, termination, resignation, retirement or recall, the Vice President shall automatically assume the presidency for the remaining part of the term.
2. A vacancy in the office of Vice President, Secretary, or Treasurer, shall be filled by an appointment of the President with the approval of two-thirds of a quorum of the Board of Directors/Executive Committee in a secret ballot.
Section D. The auditing of books will take place before April 15. The President shall appoint the auditing committee.
Section A. The Executive Committee shall be composed of the elected officers of the Association and Association Representatives. The President, Vice President, Secretary, Treasurer, and Association Representatives must be elected by secret ballot.
Section B. The Executive Committee shall:
1. Act as advisors to the officers, assign duties, be responsible for all committees of the Association, and have such policy-making authority as provided in this Constitution and By-Laws.
2. Act as the authoritative voice of the Association on positions affecting the Association during the interim period between regular meetings.
3. Prepare recommendations for the consideration and action of the Association.
4. Carry out policies established at general membership meetings.
5. Report its transactions and those of the general membership to all members.
6. Direct an independent audit of the Association’s financial records at regular intervals not to exceed two (2) years.
Section C. There will be one association representative elected for a term of one year in each building for every 15 members or fraction thereof. Each representative has one vote on the Executive Committee.
Section D. It is the policy of this Association, and it shall take all legally permissible steps to achieve governance and delegate representation of ethnic minority at least proportionate to the ethnic minority membership in the Association.
Section E. Certified member(s) and education support professionals shall be elected to the Executive Committee in proportion to their respective membership in the Association.
Section F. A vacancy on the Executive Committee due to death, incapacity, termination, resignation, retirement or recall, shall be filled for the remainder of the term by majority vote of the Executive Committee of the local.
Section G. No business or financial transaction involving a member of the Executive committee or agent of the Association, or their spouse, children, or parents, or otherwise as described in this Section, shall conflict with the fiduciary responsibility of such person to the Association. Such relationships with the members of the Executive Committee include relationships with any person that would reasonably be expected to affect the person’s judgment with respect to the transaction of conduct in question in a manner adverse to the Association.
Section A. The President shall appoint a Nominating Committee whose duty it shall be to present a slate of officers for each office. Candidates for office may also be submitted by a petition signed by at least seven (7) active members or by nomination from the floor.
Section B. No member shall be nominated for office without the knowledge and consent of the individual.
Section C. The President shall appoint an Elections Committee whose duty it shall be to conduct elections in accordance with the OEA Elections Manual and to resolve all challenges or protests to an election. No nominee for office shall serve concurrently on the Elections Committee.
Section D. Elections of officers and Executive Committee members shall be conducted by secret ballot in each building during one school day designated by the Elections Committee on or before the first Friday in May.
Section E. The Elections Committee shall report the results of the election to the total membership within five (5) calendar days following the election.
Section F. All ballots (marked, unmarked, and voided) and all other records pertaining to the election of officers of this Association and OEA and NEA delegates and alternates shall be preserved for one year from the date the election was held; and such ballots and other records shall be made available to OEA officers upon request for inspection and examination.
Section G. Non-members of the Association, including fee payers, shall not have the right to vote, hold office, or otherwise have privilege of Association membership.
Impeachment of Officers
Section A. Officers of the Association may be impeached for violation of the Code of Ethics of the Education Profession or for misfeasance, malfeasance, or nonfeasance in office.
Section B. Impeachment proceedings against an officer may be initiated by written petition submitted to the Executive Committee by at least twenty-five (25) percent of the members.
Section C. If, after a due-process hearing, a two-thirds (2/3) vote of the Executive Committee sustains the charge, the office shall become vacant.
Section D. The officer may appeal the decision to a special meeting of the general membership.
Section A. The Association shall have such standing committees as are necessary to carry out the responsibilities and program of the Association. The President with approval of the Executive Committee shall appoint all committees.
Section B. The duties of committees shall be such as are determined by the Executive Committee.
Section C. Ad hoc (temporary) committees may be formed as necessary to achieve the Association Program.
Section A. The local association shall have a dues structure adequate to fund an active program.
Section B. Title II Reduction Teachers and Sixty (60) day substitute teachers will pay the full Buckeye Local Classroom Teacher’s Association dues.
Section A. Amendments to this Constitution may be made by a two-thirds (2/3) majority of those voting at any regular meeting provided that the amendments have been introduced at least fifteen (15) days prior to the voting date; and that copies of proposed amendments have been distributed to all members for discussion.
Section A. This Association reserves the right to align itself with any professional organizations.
Ethnic Minority on Governing Body
Section A. Ethnic minority representation shall be guaranteed at least proportionate to the Association’s ethnic minority membership.
BUCKEYE LOCAL CLASSROOM TEACHERS’ ASSOCIATION BY-LAWS
BYLAW 1. MEETINGS
Section 1-1 The Board of Directors/ Executive Committee shall meet monthly or at the call of the President.
Section 1-2 The general membership meetings shall be held at least twice per year, e.g. one in spring and one in the fall or once in September and once in May. Additional meetings may be called by the President, a majority vote of the Board of Directors/ Executive Committee, or a petition to the President signed by at least ten (10) percent of the active membership. Such petitions shall state the purpose of the desired meeting and the business of that meeting shall be limited to consideration of the stated purpose.
BYLAW 2. QUORUM
Section 2-1 The quorum for the Board of Directors/Executive committee meetings shall be one more than fifty (50) percent.
Section 2-2 The quorum for a general meeting shall be the membership present.
BYLAW 3. DUTIES OF OFFICERS
Section 3-1 President
A. Preside over all Association meetings and prepare their agendas.
B. Represent the Association on all matters of Association policy.
C. Serve as ex-officio member of all Association committees.
D. Represent the Association at Uniserv Council meetings.
E. Serve as a delegate to the OEA Representative Assembly by virtue of his/her office.
Section 3-2 Vice President
A. Preside over Association meetings in the absence of the President.
B. Perform such other duties as delegated by the President.
C. Carry out the duties of the Present in their absence including the signing of all legal documents and/or forms.
D. Represent the Association at the Uniserv Council meetings.
E. Serve as a delegate to the OEA Representative Assembly by virtue of his/her office.
Section 3-3 Secretary
A. Keep accurate minutes of all official meetings of the Association.
B. Maintain official files of the Association.
C. Perform such other duties as delegated by the President.
Section 3-4 Treasurer
A. Hold the funds of the Association and disburse them upon authorization of the Board of Directors/Executive Committee.
B. Maintain records of receipts and disbursements.
C. Prepare financial reports for meetings of the Board of Directors/Executive Committee and an annual financial statement to be distributed to the membership.
D. Prepare for an independent audit as authorized by the Board of Directors/Executive Committee.
E. Shall be bonded.
F. Chair the Budget Committee.
Section 3-5 Association Representative
A. Report recommended policies and other actions of the Board of Directors/Executive Committee to members in her/his building or unit of representation.
B. Transmit proposals and recommendations from members in her/his building or unit of representation to the Board of Directors/Executive committee for its consideration.
C. Assist the membership committee in the collection of dues.
D. Assist the elections committee in the distribution and collection of ballots.
E. Attend all official meetings of the Association or provide an alternate in her/his absence.
F. Act as a consultant to the individual member who has a professional problem and, when necessary, seek needed assistance from the Association.
Section 3-6 Teacher Professional Organization Stipends
A. The Board of Education will pay an annual stipend to the Officers and Association Representatives who serve on the BLCTA Executive Committee. The Association shall certify the stipend amounts to the Board’s Treasurer, which can in no event exceed the maximum amount allowed by ORC Rule 3307-6-01. The Association shall promptly and fully reimburse the Board for the total cost of the stipends, including any applicable retirement costs/workers compensation/Medicare.
BYLAW 4. COMMITTEES
Section 4-1 There shall be the following committees:
Negotiations – assess membership concerns prior to bargaining, develop initial proposals of the Association, and provide additional advice and input, upon the request of the bargaining team, during active negotiations.
Elections – charged with the responsibility to protect the integrity of an election or vote and ensure that an election is conducted in accordance with the guidelines set forth in the OEA Election Manual and with local, state, and national constitutions.
Grievance – maintenance of, and membership advocacy in, grievance procedure.
Insurance – will examine, research and report methods of maintaining and improving benefits and reducing the cost of health insurance coverage to be composed of 3 members of the bargaining unit selected by the Executive Committee and 3 members appointed by the Board.
Budget/Fiscal Fitness – prepares a budget giving estimates of income and expenditures (including a separate estimate for each committee) for the future fiscal year.
Audit – checks accuracy of accounting procedures. Section D. The auditing of books will take place before May 15th of each year. The President shall appoint the auditing committee.
Membership – maintains membership rolls, conducts and /or assists with membership drives, works in conjunction with the treasurer.
Constitution and Bylaws – reviews and submit to OEA the local’s C&B when amended or every five years.
Sick Bank – composed of the members of the Executive Committee who will review all applications for sick bank usage and make final determination.
BLCTA Scholarship – provide applications to Guidance department, review applications, select and notify award recipient.
Section 4-2 Necessary sub-committees may be appointed, as needed, by the committee chairperson.
BYLAW 5. BARGAINING AND CONTRACT RATIFICATION
Section 5-1 The Association shall be represented in collective bargaining by an authorized team of Association Representatives appointed by the President and Board of Directors/Executive Committee.
A. If the President is not an active member of the bargaining team, the President will be an ex-officio member of the Association bargaining team.
B. Members of the bargaining team need not necessarily be from the negotiations committee.
C. Necessary sub-committees may be appointed, as needed, by the committee chairperson.
D. The bargaining team shall have the authority to bargain in good faith; make proposals, counterproposals, and concessions; and make tentative agreement on a contract with representatives of the Board of Education.
E. While negotiations are in progress, periodic reports to members may be made by the bargaining team.
Section 5-2 In preparation for bargaining, the negations committee shall make reports and recommendations to the Board of Directors/Executive Committee.
Section 5-3 The Ohio Education Association represents the Association on all matters concerning the Association before the State Employment Relations Board (SERB).
Section 5-4 The OEA/NEA UniServ Consultant shall be the Association’s designated bargaining representative.
Section 5-5 Written copies of the tentative agreement summary should be given to the general membership prior to ratification.
Section 5-6 Conduct all ratifications of collective bargaining agreements in accordance with the guidelines for ratification of collective bargaining agreements and fact finder reports as set forth in the OEA Elections Manual.
Section 5-7 A vote on a tentative agreement to the contract or on a fact-finding report shall be made by written ballot.
A. No absentee or proxy votes will be allowed on contract ratification votes or fact-finding reports.
B. The first vote on contract ratification or a fact-finding report will be to accept or reject the contract/report as presented.
C. All ballots used in a vote regarding a contract ratification or fact-finding report, after tabulation, will be sealed and retained by the Association Treasurer for two (2) years or duration of contract, whichever is greater.
D. The President will communicate required details of the ratification vote to the employer’s designated representative.
Section 5-8 The designated representative for the Association is authorized to give timely notice of intent to strike to the Board of Education and SERB upon approval of the membership and in keeping with provisions of ORC 4117.14 (D) (2).
Section 5-9 Non-members of the Association are not eligible to vote on a fact finder’s report or contract ratification.
BYLAW 6. DUES
Section 6-1 The annual dues of this Association shall be 0.019% of the base salary for a B.A. degree on the current Buckeye Local Salary Schedule. The dues rate for the succeeding year shall be determined by the April meeting of the Board of Directors/Executive Committee subject to approval by a simple majority of membership.
Section 6-2 Every member shall also pay the dues required by the district, state, and national associations with which this local is affiliated.
Section 6-3 The association shall annually enter into a Dues Transmittal Agreement with the Ohio Education Association.
BYLAW 7. MEMBERSHIP YEAR
Section 7-1 The membership year of the Association shall be September 1 to August 31.
BYLAW 8. EXPULSION OF MEMBERS
Section 8-1 According to procedures adopted by the Association, the Board of Directors/Executive Committee may censure, suspend from membership, or expel any member for one or more of the following reasons:
A. Violation of the Code of Ethics of the Education Profession.
B. Conviction of a felony.
C. Actively engaging in, or actively supporting activities directed against the constitutional purposes of the Association to bring about changes in the Association by means other that those that are consistent with the Association’s Constitution.
Section 8-2 The Board of Directors/Executive Committee may reinstate members previously suspended or expelled.
BYLAW 9. DUE PROCESS
Section 9-1 The Association guarantees that no member may be censured, suspended, or expelled without a due process hearing, which shall include an appropriate appellate procedure.
BYLAW 10. AUTHORITY – PARLIAMENTARY PROCEDURE
Section 10-1 Robert’s Rules of Order, Newly Revised shall be the authority governing all matters of procedure not otherwise provided in this constitution, bylaws, or standing rules.
BYLAW 11. AMENDMENTS
Section 11-1 Amendments, alterations, additions, or deletions to these Bylaws shall be made by a majority vote of the total active membership of the Association.
Section 11-2 Changes shall be proposed upon the initiative of the Constitution Committee or upon presentation to the Board of Directors/Executive Committee of a petition signed by twenty (20) percent of the current active membership. All proposed changes shall be submitted in writing to all active members at least ten (10) days prior to action.
BYLAW 12. DISSOLUTION OF ASSOCIATIONS
Section 12-1 A petition fro dissolution of the Association may be presented in writing to a meeting of the general membership by any member in good standing and must contain the signature of three-fourths (3/4) of the total membership of the Association.
Section 12-2 Upon receipt of the petition for dissolution by the total membership, the Association shall act upon the petition at the next general membership meeting.
Section 12-3 The Association shall be considered dissolved if three-fourths (3/4) of the total membership vote by secret ballot in favor of dissolution.
Section 12-4 The effective date of dissolution shall be thirty (30) days from the date of the vote, thus allowing for the disposal of assets and liabilities.
Section 12-5 In the event of dissolution of the Association, all assets of this organization remaining after payment of all obligations shall be distributed to the Buckeye Local Classroom Teachers’ Association Scholarship provided that it is an entity recognized as exempt from Federal taxation. In the event that the BLCTA Scholarship is not then recognized as tax exempt, such assets shall then pass to Buckeye Local Close-Up program provided that is recognized as exempt from Federal taxation.
BYLAW 13. ENABLING PROVISION
Section 13-1 This Constitution and these Bylaws shall become effective September 1, 2011, following their adoption, and shall remain in effect until amended according to regulations herein provided.
Section 13-2 This Constitution shall remain consistent with the Constitution of the OEA.
BYLAW 14. GROUNDS FOR CHARGES AGAINST MEMBERS AND OFFICERS
Section 14- 1. Every member of the Association, by virtue of such membership, agrees that, in consideration of the rights and benefits conferred upon him or her pursuant to the terms of the Association Constitution, her or she shall be subject to disciplinary action for any conduct which constitutes a violation of his or her duties and obligations as stated in Section 2 below. Every member, by virtue of his or her membership, agrees that termination of membership does not terminate his or her liability for discipline for acts occurring during the period of his or her membership.
Section 14- 2. Any member or elected or appointed officer may be charged and disciplined for engaging in conduct which constitutes a violation of his or her duties and obligation to the membership. The basis for such charges shall include, but not be limited to, the following:
a. Violating any provision of the approved Constitution or established Bylaws of the Association or its affiliates.
b. Failing to pay dues, fines, assessments, fees, and other financial obligations owed to the Association or its affiliates in a timely manner.
c. Obtaining membership by misrepresentation or through other fraudulent means.
d. Working in the interest of, or accepting membership in, any competing organization with interests dual to the Association.
e. Furnishing a complete or partial list of the membership of the Association to any
person other than those whose position entitles them to have a list, without specific authorization in writing from the Association President.
f. Deliberately engaging in conduct, which violates the responsibility of members toward the Association as an institution.
g. Unreasonably, unlawfully or improperly disturbing the peace or harmony of any meeting of the Association.
h. Embezzling, misappropriating, fraudulently receiving, wrongfully handling, or failing to account for the funds of the Association, or any employee benefit fund.
i. Wrongfully taking, retaining, or destroying any money, books, papers or any other property belonging to the Association.
j. Using the name of the Association for soliciting funds, for advertising, or for any other similar activities.
k. Crossing or working behind a lawful and properly authorized picket line established by the Association.
l. Working for lower wages, longer hours, or other conditions inferior to those established by the Association collective bargaining agreement.
m. Acting in any way to circumvent, defeat or interfere with: (1) the Association’s collective bargaining agreement with the employer or (2) the
Association’s performance of its legal or contractual rights or obligations.
n. Disclosing any confidential matter of Association or its affiliates to any employer or employer agent.
o. Acting in collusion with any employer or employer agent to the detriment of the Association.
p. In the case of any elected or appointed Officer of the Association, failing to faithfully perform the duties of his or her office or position, or accepting dual compensation or expenses for the performance of duties related to his or her office or position.
q. Making false and malicious statements, which jeopardize the employment or reputation of another Association member.
r. Filing a malicious and frivolous charge against a member or Officer, as evidenced by the Hearing Board’s dismissal of said charge with a finding that the charge was malicious and frivolous.