DIMAN TEACHERS ASSOCIATION INC.
CONSTITUTION AND BY – LAWS
REVISED: May 30th 2007
DIMAN TEACHERS ASSOCIATION INC.
CONSTITUTION AND BY - LAWS April 6th 2005
Article # DESCRIPTION PAGE #
Article I Name…………………………………… 3
Article II Purpose………………………………… 3
Article III Membership……………………………. 4 - 5
Article IV Officers………………………………… 5 - 6
Article V Executive Board……………………….. 6 - 8
Article VI Nominations and Elections …………… 8 - 9
Article VII Resignations and Vacancies…………... 9
Article VIII Meetings ……………………………. 9 - 10
Article IX Quorum………………………………… 11
Article X Duties of Officers……………………… 11 - 12
Article XI Approval Procedures………………….. 12 - 14
Article XII Finances……………………………….. 14 - 17
Article XIII Administrative Procedures…………… 17 - 18
Article XIV Committees…………………………… 18 - 19
Article XV Authority……………………………… 19
Article I
The name of the association shall be Diman Teachers Association Inc., hereafter referred to as the Association.
The Association is affiliated with the Massachusetts Teachers Association and the National Education Association.
Article II
Section 1
To work for the welfare of vocational students, the advancement of vocational education and the improvement of instructional opportunities.
Section 2
To develop and promote the adoption of such ethical practices, personnel policies, standards of preparation and participation as a mark of a profession.
Section 3
To unify and strengthen the teaching profession and to secure, maintain and improve the salaries, insurance and retirement benefits, professional development opportunities, sick leave, and other benefits and working conditions necessary to support teaching as a profession.
Section 4
To enable members to speak with a common voice on matters pertaining to the teaching profession and to present individual and common issues to the Greater Fall River Vocational District Administration and School Committee ( hereafter referred to as the Committee) and other legal authorities, as determined by the Professional Rights and Responsibilities Committee of the Constitution.
Section 5
To hold property and funds. To employ a staff for the attainment of these purposes, when necessary.
Article III
Section 1
Membership in the Association shall be classified as Active, Retired or Honorary, and shall be available to those who pay the prescribed dues.
Subsection A
Active membership shall be available to all professional employees who are included in Article I, Recognition, of the Collective Bargaining Agreement between the Diman Regional Vocational Technical Teachers’ Association and the Greater Fall River Vocational School District Committee.
Subsection B
The Association shall continue active membership to those members laid off due to a reduction in force with the reduction in dues of fifty percent (50 %). Such eligibility shall continue as long as such persons are eligible to be recalled under the terms of the Collective Bargaining Agreement.
Subsection C
Active membership shall be continuous until the member leaves the school system, resigns from the Association, or fails to pay membership dues.
Subsection D
All members shall keep themselves in good standing in accordance with the Constitution and By-Laws of the Association.
Section 2 Honorary Membership
Honorary membership in the Association may be conferred by a two-thirds vote of the Executive Board of the Association. Honorary members shall not pay dues, vote or hold office in the Association.
Section 3 Retired Members
Retired members are those former active members who, upon retirement, apply in writing to the Association for membership. Retired members may not hold office or vote on Association matters.
Section 4
Subsection A
The membership year for the Association shall be from July 1 to June 30. Any member may elect to be a continuing member. Membership shall then be continued from year to year until death, retirement, or the member cancels the election with a 60-day notice in writing. Current membership lists will be updated by December 31 of each year.
Subsection B
The Association shall submit annually to the Massachusetts Teachers Association, prior to July 1, a list of its officers and addresses, as well as a copy of the bylaws with any changes or amendments made in the preceding year.
Section 5 Agency Fee
Non - Association members will be responsible for paying the Agency Service Fee.
Section 6 Confidentiality
All business of this Association must be strictly private.
Article IV
Section 1 Officers
The officers of the Association shall consist of a President, Vice President for Negotiations, Vice President for Grievances, Secretary and Treasurer.
Subsection A
These Officers shall perform the duties prescribed by the Constitution and By-Laws adopted by the Association.
Section 2 Executive Board
Candidates for an office to the Executive board shall be paid up members of the Association.
Subsection A
If three or more candidates have been nominated for one office, a special run – off election shall be held prior to the annual election of officers to determine the top two candidates for that office.
Section 3 Terms of Office
The Officers of the Association shall be elected by ballot to serve for a term of one (1) year. Their term of office shall begin at the close of the meeting at which they are elected. All elections shall be governed by the Association By-Laws (said meeting is to be held annually on or before May 31st).
Section 4 Elections
Election for new officers shall coincide with the annual meeting of the Association.
Article V
Section 1
There shall be an Executive Board consisting of the Association Officers and a delegate from each designated group.
Section 2
The delegates to the Executive Board shall be apportioned from the following groups within the school as well as being members in good standing in the Association:
President------------------------------------------------------------------- 1 Delegate
Vice President Negotiations----------------------------------------------1 Delegate
Vice President Grievances------------------------------------------------1 Delegate
Secretary------------------------------------------------------------------- 1 Delegate
Treasurer------------------------------------------------------------------- 1 Delegate
Academic Subject Areas-------------------------------------------------- 6 Delegates
Vocational Shop Areas---------------------------------------------------- 6 Delegates
Other (nurse, guidance, library or permanent substitute)-------------- 1 Delegate at large
Section 3
If a particular group within the school does not choose to nominate a delegate, the President shall have the authority to fill the vacancy with the approval of the Executive Board.
Subsection A
The elected delegates will in no way be expected to represent the original group requirement as outlined in the constitution (Article V, Section 2).
Section 4
The Officers and Executive Board of the Association shall direct and handle the affairs of the Association, subject to the By-Laws and Constitution of the Association and in conformity with the instructions of the Association. It shall be the duties of the Officers and Executive Board to insure that the funds and property of the Association are preserved, managed, invested, and expended in accordance with the policies and Constitution / By-Laws of the Association. The Executive Board will be responsible for a yearly audit of the accounts of the treasurer
Section 5
The Officers and Executive Board shall investigate all disputes and / or controversies between the members and administration. Should a written grievance be required, the matter will be dealt with by the Professional Rights and Responsibilities Committee Chairperson (Vice President of Grievances).
Section 6
Subsection A
The Executive Board shall be empowered to call special meetings of the Association to consider any matter(s) that in the judgment of the Board warrant the calling of a special meeting.
Subsection B
Special meetings of the Executive Board shall be called by the Corresponding Secretary at the request of the President or five members of the Executive Board.
Section 7
Unless otherwise ordered by the Executive Board, regular Executive Board meetings will be held on the first (1st) Wednesday of each month at 7:15 a.m. at a location prescribed by the President. Under certain circumstances, the date, time and place shall be subject to change by the Executive Board, (i.e. holidays). The President shall be the chairperson of the Executive Board. An Executive Board quorum shall consist of seven (7) members of the Executive Board.
Section 8
Executive Board members shall attend all Executive Board and regular meetings (with the exception of vacation time, sickness or an emergency).
Section 9
Whenever a majority of the Executive Board shall agree that an officer is incapacitated or has been grossly negligent in his / her duties as defined in these Bylaws, it shall recommend immediately to the general membership that the office be declared vacant. If the general membership so votes by two-third (2/3) majority to uphold the recommendation of the Executive Board, it shall immediately elect a replacement to fill the unexpired term.
Article VI
Section 1
Any member in good standing may place in nomination any qualified member for any office of the Association. Nominations shall be made in writing to the President or Secretary at least one week in advance of the election.
Section 2
The Executive Board shall be empowered to hold a meeting at which nominations for officers shall be received. The Secretary shall prepare a sample ballot and place the candidates’ names for the respective office in alphabetical order. The ballot will then be posted on the Association Bulletin Board within forty-eight (48) hours after meeting.
Section 3
Elections are to be held on or before May 31st.
Section 4
Elections shall be by secret paper ballot. All elections and counting of ballots shall be under the supervision of an elected committee, consisting of five (5) Executive Board members. As soon as the polls are closed and the ballots are counted, the result shall be announced. The candidates receiving a majority of votes for their respective offices are elected.
Section 5
Election results shall be posted on the Association Bulletin Board the following day, listing only the winning candidates.
Article VII
Section 1
Any officer wishing to resign shall submit his / her resignation in writing to the Executive Board.
Section 2
Vacancies on the Executive Board or Association Officers arising during the year shall be filled by the President.
Section 3
The President shall meet and confer with the Executive Board before an appointment is made to fill any vacancy. The President must have the approval of a majority of the Executive Board members before the appointment is made.
Article VIII
Section 1
The annual meeting of the Association shall take place no later than May 31st.
Section 2
The Association may have monthly meetings. The meetings will be held on a date and time chosen by the Executive Board in the school auditorium or any other location available.
Section 3
These meetings shall be known as “regular meetings” and shall be for the purpose of receiving reports of officers and committees and for any other business that may arise. Any action initiated at the first meeting shall be reported at the next meeting under unfinished business. All matters must be approved by the required majority in the meetings to become binding upon the Association.
Section 4
Only active members of the Association may vote at Association meetings.
Section 5
Special meetings of the Association shall be either by a request from the President, or by five (5) or more Executive Board members. Additionally, a meeting may also be called by twenty (20) members of the Association who sign a petition. The purpose of the meeting shall be stated in the call. The special meeting must be adjourned by a two-thirds (2/3) vote of the members present, in order to call to order another meeting to transact other business. The only business transacted at a special meeting shall be that for which the meeting was called. Except in cases of an emergency, at least three (3) days notice shall be given.
Section 6
In the event no regular meeting is held for lack of a quorum (as per Article IX), all actions of the Executive Board, which would have been reported to the membership, shall become final and binding upon the Association without further action by the membership.
Section 7
Members, Officers and Executive Board members of this Association shall conduct themselves in an orderly manner at all regular, special, and executive board meetings.
Section 8
Meetings of the Association shall be conducted in accordance with the “order of business” as set forth in the Constitution and By-Laws.
Article IX
Section 1
A quorum for any meeting of the Executive Board shall consist of seven (7) members
Section 2
A quorum for any meeting of the Association shall consist of thirty (30) members.
Section 3
A continued presence of a quorum must be present at all regular Association meetings, for business to be legally transacted.
Section 4
If the chair notices the absence of a quorum, it is the chair’s duty to declare the fact before taking any vote or stating the question on any motion. After a quorum is no longer present, any business transacted is null and void. If a quorum is not present, the chair calls the meeting to order, announces the absence of a quorum, and then entertains a motion to adjourn.
Article X
Section 1
The President shall preside at all meetings of the Association and of the Executive Board and shall supervise the affairs of the Association. Additionally the President shall be a member of the Negotiating Committee.
Section 2
A Vice President shall perform the duties of the President during the latter’s absence or at his or her request. He or she may be called upon to render such assistance as may be required. In case of a vacancy in the President office, the Vice-President of Negotiations shall preside until the association elects a President to fill the vacancy.
Subsection A
The Vice President of Negotiations shall be responsible for the Association’s Negotiation Committee.
Subsection B
The Vice President of Grievances shall be responsible for the timely filing of all grievances and act as the Professional Rights and Responsibilities Chairman at all Levels (1-4) of Hearings.
Section 3
The Secretary shall keep a full and accurate record of all business transacted by the Association and by the Executive Board; shall be responsible to call the roll of Officers; shall submit an oral report at the annual meeting; shall keep the Associations official membership roll. In addition, the Secretary shall conduct all the correspondence of the Association and preserve its documents and make the minutes and records available to members upon request.
Section 4
The Treasurer shall collect membership dues and shall be custodian of the funds of the Association. He or She will have custody of all funds belonging to the Association and deposit them in the name of the Diman Teachers Association Inc. in any appropriate financial institution legally authorized to do banking and/or investment business in Massachusetts. He or she shall keep an accurate record of all receipts and disbursements and shall pay the bills after they have been approved by the President and Executive Board, and shall submit at the annual meeting a written report consisting of receipts, disbursements and the general financial condition of the Association.
The Treasurer shall transmit the amounts due the Massachusetts Teachers Association and the National Education Association. Payments shall be made in accordance with a mutually agreed upon schedule between the Massachusetts Teachers Association and the Diman Regional Vocational Technical Teachers Association.
Article XI
Section 1 Amending Constitution and By-Laws
In approving and amending the Constitution and By-Laws, a vote of two thirds of the membership present and voting shall be required.
Subsection A
Any amendment whether proposed by the Executive Board or by a petition signed by ten (10) members of the Association. Amendments shall be approved in accordance with subsection C below.
Subsection B
This Constitution shall go into effect immediately after it has been approved by the membership.
Subsection C
The following procedure shall be employed in approving and amending the constitution and By- Laws;
1. The specific proposal(s) shall be studied by the Executive Board.
2. Copies of the proposed changes shall be posted or distributed to the members of the Executive Board.
3. The Executive Board shall vote on which specific proposal(s) shall be brought to the members at the general body meeting. A majority vote is required for each proposal.
4. Notice of proposed action to amend the Constitution and Bylaws shall be given at a previous meeting or in writing prior to the meeting.
5. The specific proposal(s) shall then be voted upon by the membership at a general membership meeting by secret ballot.
Section 2
If an increase in local Association dues is deemed necessary by the Executive Board, a majority vote will be required at a general membership meeting by those members present and voting.
Section 3 Negotiation of Contract
Approval of the contract with the Committee shall require a majority vote of those members present and voting at a general body meeting. The following procedure is used:
1. The President shall request specific proposals from the membership. Such proposals must be in writing and signed by the person submitting it.
2. The specific proposal(s) shall be submitted to each member of the Executive Board. After approval by the Executive Board, the proposal(s) shall be given to the Negotiating Committee which shall consist of Executive Board Members or any other Association Member selected by the President and the Executive Board. The Negotiating Committee shall consist of five members, including the President and Vice President of Negotiations.
3. The Negotiating Committee shall then negotiate the proposal(s) with the Committee or it’s agents and subsequently submit the proposal(s) to the Executive Board.
4. After receiving approval from the majority of the Executive Board present and voting, the proposal(s) shall be submitted to the membership for their approval.
Section 4 Processing of grievances
1. The Association acknowledges the rights of members of the bargaining unit, pursuant to Chapter 150E, Section 5, to present grievances to the employer without the intervention of the Association.
2. The PR&R Committee, however, determines whether a grievance is meritorious enough to be advanced to arbitration by the Association pursuant to Article III of the Collective Bargaining Agreement.
3. In the event that the PR&R Committee decides not to advance a grievance to arbitration, the grievant(s) will be notified in writing of the decision and advised that they have a right to appeal that decision to the Executive Board of the Association.
4. The decision of the Executive Board of the Association will be final.
Article XII
Section 1
The method of dues payment shall be left to the discretion of the individual member (cash, check or payroll deduction).
Subsection A
Members indicating payroll deduction shall be considered as members in good standing as of the date they authorized payroll deduction. Members indicating payroll deduction must indicate so on or before October 15th. If such a member should revoke payroll deduction at a later date, without arrangement of cash payment of the balance of his/her dues, said member will required to pay the Agency Service Fee which is a condition of employment.
Subsection B
Members choosing a cash payment shall be considered as members in good standing and shall pay their dues in one such payment by December 15th.
Subsection C
Circumstances that prohibit a member from paying dues, as per paragraph A and B above, should be referred to the Executive Board.
Section 2
Subsection A
Individuals wishing to become members of the Association after the membership drive (Oct 15th), shall pay full dues if hired before November 1st, ¾ dues if hired before February 1st, ½ dues if hired before April 15th, ¼ dues after April 15th.
Subsection B
If a member terminates his or her employment after January 1st, he or she is responsible for full dues. If a member terminates his / her employment before January 1st they are responsible for ½ dues.
Section 3
Subsection A
Spending for Association business will be approved by the Executive Board upon the recommendation of the President.
Subsection B
Spending for non-Association business must be approved by a majority vote of the membership present and voting at a general membership meeting of the Association.
Section 4
Subsection A
The President of the Association shall have his annual dues paid by the Association for serving as President in the following capacities;
1. Negotiating Committee member
2. Other Association business
3. Chairman (Ex-Officio) of various committees. The President shall receive a paid stipend of $2000 + full dues. Such stipends may be paid to the President as he or she may request with the Executive Boards approval.
Subsection B
Vice Presidents and the Treasurer shall receive a paid stipend of $400 + full dues.
The Secretary shall receive a paid stipend of $1500 + full dues.
Subsection C
Negotiating Committee members shall receive a paid stipend of $600.
Section 5
Subsection A
The President’s term in office shall be based on a twelve (12) month period commencing with his / her election to office at the annual meeting and terminating at the subsequent annual election / meeting.
Subsection B
Dues credit shall be based on a full months’ service multiplied by the prevailing monthly rate.
Subsection C
No credit will be given for a partial month served.
Subsection D
No additional compensation will be paid to the President, Officers and Negotiating Committee Members except as provided for in the above paragraphs.
Article XIII
Section 1
The fiscal year for the Association shall be July 1st to June 30th.
Section2
All meetings shall follow the standard order of business:
1. Roll Call
2. Reading and Approval of the Minutes of the Previous Meeting
3. Reports of Officers, Boards, and Standing Committees
4. Reports of Special (Select or Ad Hoc) Committees
5. Special Orders
6. Unfinished Business and General Orders
7. New Business
8. Adjournment
Section 2 The Sunshine Fund
Subsection A
Upon notification or the Association becoming aware of a birth of a member’s child, the President, Vice-President, or Secretary/Treasurer shall send a card to the family on behalf of the Association, and a check in the amount of twenty five dollars ($25. 00).
Subsection B
Upon notification or the Association becoming aware of the death of a member or immediate family member (Article XIII, Section 3), the President, Vice-President, or Secretary/Treasurer shall send a donation or Flowers and a sympathy card to the family on behalf of the Association, not to exceed of forty-five dollars ($45.00) with reasonable increases when necessary.
Subsection C
Upon notification or the Association becoming aware of hospitalization or an extended sick leave absence of a member, the President, Vice-President, or Secretary/Treasurer shall send a fruit basket or flower arrangement to the member on behalf of the Association, not to exceed forty dollars ($45.00) with reasonable increases when necessary.
Subsection D
Upon notification of a marriage of a member, the Association shall issue a check in the amount of twenty – five dollars ($25.00) to the member.
Subsection E
Upon notification of a member retiring, the Association shall issue a check in the amount of one hundred dollars ($100.00) to the member.
Section 3
Immediate family members will consist of parents, grandparents, spouse, siblings and children.
Article XIV
Section 1
The President of the Association shall appoint standing or special committees. The President shall be an Ex-Officio member of all committees except the Negotiating Committee and Professional Rights and Responsibilities Committee.
Section 2
The President shall appoint all committees.
Subsection A
If there is occasion to appoint a special committee during a meeting from which the President is absent, the presiding officer assumes such power. The order of precedence for Officers is Vice President of Negotiation, Vice President of Grievance, Secretary and Treasurer.
Section 3
The President shall appoint a Negotiating Committee that shall consist of five members, including the President and Vice President of Negotiations.
Section4
The President shall appoint a Professional Rights and Responsibilities Committee. The President shall appoint two (2) academic and two (2) vocational members. The President shall be included as a member from one of the above areas. The Committee shall be responsible for any union disputes or conflicts. The Vice President of Grievances shall be the chairman.
Section 5
Appointed positions shall not be considered Association Officers.
Article XV
Section 1
Robert’s Rules of order, when not inconsistent with this Constitution, shall govern the proceedings of the Association, the general management of which shall be left to the Executive Board.
Executive Board Approval Date: April 14th 2005
General Body Approval Date: April 27th 2005
Last Revision Date: May 30th 2007
DTA Constitution and By-Laws