Doug Nielson's List: AFSCME WFSE Documents

• or you don’t have enough votes and want to avoid defeat.
• table
• Two: You can delay a decision another way—by referring the motion to a committee. Get recognition then say: “I move we refer the motion to the _________________ Committee.” You can refer it to Education, Stewards, Political Action or any other committee of the local including the executive board.
• “I rise for information.”
• “I rise on a point of order.” The Chair will ask for your point and once you have explained (“The Brother/Sister is not speaking on the motion…”) the Chair must make a ruling.
• “I appeal the ruling of the Chair.”
• Here, the members make the final decision.

5 more annotations...

• Question 5:
    Can we round to the nearest number in computing the result of a vote? For example, since two thirds of 101 is 67.3333, will 67 affirmative votes out of 101 votes cast meet the requirement of a two-thirds vote?

    Answer:
    No. The requirement of a two-thirds vote means at least two thirds.
• Do abstention votes count?
• two thirds of the votes cast
• What is a vote of no confidence?
• Any such motion would simply be a main motion, and would have no effect other than to express the assembly's views concerning the matter. A vote of "no confidence" does not - as it would in the British Parliament - remove an officer from office.

• How do you deal with a "friendly amendment"?

    Answer:
   On occasion, while a motion is being debated, someone will get up and offer what he or she terms a "friendly amendment" to the motion, the maker of the original motion will "accept" the amendment, and the chair will treat the motion as amended. This is wrong.
• If it appears to the chair that an amendment (or any other motion) is uncontroversial, it is proper for the chair to ask if there is "any objection" to adopting the amendment. If no objection is made, the chair may declare the amendment adopted.
• If a member has a direct personal or pecuniary (monetary) interest in a motion under consideration not common to other members, the rule in RONR is that he should not vote on such a motion, but even then he or she cannot be compelled to refrain from voting.

• Question 11:
    Must debate on a motion stop immediately as soon as any member calls the question?

    Answer:
    It is a fairly common misconception that, after debate has continued for some time, if any member shouts out "Question!" or "I call the question!", debate must immediately cease and the chair must put the pending question to a vote. This is simply not the case. Any member who wishes to force an end to debate must first obtain the floor by being duly recognized to speak by the chair, and must then move the Previous Question. Such a motion must be seconded, and then adopted by a two-thirds vote, or by unanimous consent. It is not in order to interrupt a speaker with cries of "Question" or "Call the Question," and even if no one is speaking, it is still necessary to seek recognition.
• Before debate on an original (ordinary substantive) main motion has begun you may raise an Objection to Consideration of [the] Question, which is undebatable and can suppress the main question by a two-thirds vote against consideration.
• The minutes of the meeting at which the corrections are made should merely indicate that the minutes were approved "as corrected."
• If action is taken by the board on the basis of individual approval, such action must be ratified by the board at its next regular meeting in order to become an official act.

10 more annotations...

• The rules contained in the current edition of Robert’s Rules of Order, Newly Revised shall govern the Federation in all cases to which they are applicable and in which they are not inconsistent with this Constitution or with any legally adopted special rules of the Federation.
• Section 9. A Preamble, including a Bill of Rights for Union Members, is attached at the beginning of this Constitution and is, by this reference, made a part of this Constitution.
• Section 10. No member or subordinate body shall institute any civil action, suit
• Section 13. The language of this Constitution, including the Bill of Rights for Union Members, shall be liberally construed, and shall be interpreted in a manner designed to fully protect the fundamental rights of members.

2 more annotations...

• which either party requests be placed on the agenda
• significant changes affecting
  institutional conditions of employment generally affecting bargaining unit employees
  thirty (30) calendar days in advance
• monthly
• one week’s notice
• any
  agreements reached through this process shall be reduced to writing and supported by the
  Union representatives and Management.
• 6.7 The agenda shall be limited to items that are of a group rather than an individual interest
• 6.8 Disposition of matters covered in a Union/Management Committee shall not contradict,
  add to or otherwise modify the terms and conditions of the Agreement unless otherwise
  mutually agreed to in writing by the Executive Director for Labor Relations and the
  Union Business Representative.

  • HUH?
• 6.9 With the understanding between the parties that problem solving can best be achieved at
  the lowest possible level, nothing in the foregoing paragraphs shall in any way preclude
  discussions and/or meetings between the Employer and Union Shop Stewards or staff
  representatives on matters appropriate for resolution at the department level. Such
  agreements shall not be considered precedent setting.
• 7.3 Twice each month the Employer’s Payroll Office will transmit the total deducted amount
  of dues and fee money to the Union’s office which will include a) a listing of employees
  new to the bargaining unit including employee ID number, name, home department,
  mailstop, classification code and title, appointment start date and percent of fulltime
  work; b) a listing of employees on payroll deduction including employee ID number,
  name, pay period dues amount and year-to-date dues amount; c) a listing of employees
  with a change in deduction status and the reason for the change. When the Employer can
  provide this information electronically, it will do so in lieu of a hard copy.
• Similarly, semi-annually a copy of the computer listing of hourly student employees will
  be made available to the Union upon request.
• The reproduction cost for
  union contracts will be jointly shared by the Employer and the Union.
• cause for discharge
• approval by the University Board of Regents and Ratification by the WFSE 1488; and
  c. State approval of the economics portion of the contract.
• The representative shall notify local management prior to their arrival
• The staff representative
  may meet with bargaining unit employees in non-work areas during non-work times.
  c. Upon written request of the staff representative to the Office of Labor Relations, the
  Employer will provide relevant information necessary for conducting representational
  duties. The information will be provided within a reasonable timeframe and without
  requiring the Union to file with the Public Records Office.
• a. The Employer recognizes the right of the Union to designate union stewards who
  shall be permitted without unnecessary delay to devote reasonable periods of time
  (for example, time to travel to the meeting site, 10-15 minutes to confer with the
  employee prior to the meeting) during normal working hours to present any grievance
• Time off for processing grievances shall be granted to a Union steward by
  supervision following a request but in consideration of any job responsibilities.
• Union stewards shall primarily conduct representational duties only within their
  designated area of jurisdiction. Stewards may represent members in another
  jurisdiction if the steward designated for that other jurisdiction is unavailable
• Office of Labor
  Relations
• February 1 (
• eight (8) working hours annually
• A Union representative shall be allowed up to fifteen (15) minutes with employees
  during the new employee orientation
• at least
  two (2) weeks prior to the planned absence.
• Use of State Facilities, Resources, and Equipment
  a. Meeting Space and Facilities.
• Union representatives may use University equipment for
  contract administration if there is no cost to the Employer,
• Bulletin Boards
• Materials posted on Union bulletin boards without the
  signature of a recognized Union officer or representative may be removed.
• Employees shall have the right to distribute official Union information materials during
  hours off work.
• conflict of interest
• Internet.
• The Employer will make a reasonable attempt to notify affected current employees when
  a public disclosure request, in which they are named, is received for information from
  their personnel file.
• Commercial Driver’s License (CDL) holders
• TUITION EXEMPTION PROGRAM*
• Employee attendance at Employer
  required training, either during or outside working hours, will be considered time worked
  and compensated
• Thereafter, the employee will be responsible for maintaining the license and/or
  certification and for all renewal costs.
• A supervisor’s failure to
  complete an annual performance evaluation will be construed to mean the employee has
  performed satisfactorily.
• Provision for employee comments or objections to be attached to and/or included
  on the performance evaluation form.
• Upon appointment to a position the employee’s supervisor will provide the employee
  with a copy of:
  (1) the class specification for the position
  (2) the position’s job duties
• The employee will be provided a copy at his/her request.
• f. Performance evaluations shall be retained in the departmental file for no more than
  three (3) years.
• Grievability.
• Documents in the supervisor file will not be placed in the department or personnel file
  unless they are incorporated as part of an official action
• formal counseling, final
  counseling, or dismissal is occurring. Employees have a right to a meeting with
  management whenever corrective action is being undertaken.
• Step Four: Arbitration.
• 25.3 Volunteers will not permanently fill vacant bargaining unit positions.
• No other
• employee may do the work believed to present an imminent risk to life and safety until a
  risk assessment has been done by the Safety Officer and/or the University’s Department
  of Environmental Health & Safety, or the Department of Labor & Industries, and it is
  confirmed that there is no imminent hazard.
• if job procedures, equipment or workstations lead to risk of injury or work-related
  musculoskeletal disorders.
• If
  the Union’s representative is not present for the inspection, the Employer shall request
  that the WISHA inspector delay the inspection until the Union’s representative can
  arrive.
• Tools and Equipment. The Employer will furnish and maintain in safe working condition
  all tools and equipment required to carry out the duties of each position, and will provide,
  during working hours, training on the safe operation and use of tools/equipment/supplies
• Twice each year, on or about April 1 and October 1, a vacation request sheet shall be
  circulated
• prior to the next anniversary date or lose those hours accrued in excess of
  two hundred forty (240).
• For most employees the
  Employer will not require verification for absences of less than 3 days.
• In January of each year an employee whose sick leave balance at the end of the previous
  year exceeds four hundred eighty (480) hours may elect to convert the sick leave hours
  earned in the previous calendar year, minus those hours used during the year, to monetary
  compensation.
• twenty-five percent
• Civil Duty.
• Leave without pay may be granted for the following reasons:
• Formal collective bargaining
• Where the nature of the work allows employees to take
  intermittent rest periods equivalent to 30 minutes within an 8-hour period, a
  scheduled rest period is not required.
• Employees will be provided with one unpaid meal period of at least
  30 minutes during any shift that exceeds five hours in length. When an
  employee’s unpaid meal period is interrupted by work duties, the employee will
  be allowed to resume his or her unpaid meal period following the interruption, if
  possible, and to complete the 30-minute unpaid meal period.
• seniority will be the tie-breaker in
  determining shift assignment for Employer required changes.
• 1 First Year Wage Adjustment. Effective with the first pay period in July 2009, all
  employees that are below 80% of market (see Appendix IX) will receive those step
  increases necessary to bring their pay to or near 80%.
• Also effective with the first pay period in July 2009, all employees will receive a 2.25 %
• Second Year Wage Adjustment. Effective with the first pay period in July 2010, all
  employees will receive a 2.25% wage increase.
• Applicants from within the bargaining unit who are not offered the position may request a
  non-grievable explanation as to why the position was not offered.
• After the first two (2) months but during remainder of trial service, employees
  who are not staying in the new position shall have the option to revert to their former
  position if it is still vacant,
• Transfer appointees will serve a six (6) week trial service. At any time during
  the six (6) weeks the employee has preemptive rights to their former position.
• The parties agree to defer discussions on the implementation of a
  new classification system until a mutually agreed upon date in January - 2009.
• FTE Reduction. An employee in a position that is not abolished but is reduced in
  FTE status and who will remain benefit eligible after the reduction will have the
  choice of staying in the reduced position and going on the rehire list
• Removal from the rehire list(s) will occur for any of the following
  circumstances:
• An employee who fails to appear for work and report absence to the supervisor, in
  accordance with departmental policy, on three (3) consecutive scheduled workdays,
  shall be deemed to have resigned.
• Any action of an employee in refusing to cross, for his/her own personal safety, a picket
  line at the Employer’s premises in case of an officially declared strike by some other
  employee organization or union representing employees working for the Employer shall
  not constitute a violation of this clause
• The Committee will design a proposed Trades Apprenticeship
  Program and will implement it only if and as agreed to by both parties.
• Employees are encouraged to immediately report any unsafe working conditions to their
  supervisor. If the matter is not resolved satisfactorily between the supervisor and employee,
  either may involve the Union Steward and request a decision from a medical center’s Safety
  Officer, and/or the University’s Department of Environmental Health & Safety or the
  Department of Labor & Industries.
• continue discussions concerning the issue of subcontracting

73 more annotations...

• Election by the membership in a special election.
• Local constitutions should provide which of these methods is to be used. If the local constitution is silent on the subject, the vacancy is filled by election by the executive board.
• Some locals provide in their constitutions that if the office of president becomes vacant, the vice president automatically succeeds to the presidency and the office of vice president is then declared vacant and filled.

1 more annotation...

• Section 38. If the International President shall have reasonable cause to believe that a subordinate body or the officers, employees, or members thereof are (1) engaged in financial malpractice or corruption,
• and that such conduct cannot or will not be immediately remedied by the subordinate body, the International President shall refer the matter to the Judicial Panel for hearing and/or investigation in the manner hereinafter provided and shall notify the subordinate body.
• Section 46. When an administratorship is to be terminated, the administrator shall conduct elections of officers of the subordinate body except
• Section 48. Notwithstanding any other provision of this Constitution or of the constitution of any subordinate body, the executive board of any subordinate body shall have the authority to order the immediate suspension, pending full investigation, of officers or staff employees of such subordinate body who in its opinion are engaging in conduct imminently dangerous to the welfare of such subordinate body or of the International Union.
• thirty days
• If the International President finds that the subordinate body executive board lacked a reasonable basis for imposing the suspension, the International President shall order the immediate reinstatement of the suspended officer or employee.

4 more annotations...