Complete Resolution Text
Texto completo de la Resolución
Summary of Proposed Constitution and Bylaws Amendments, November 2022
1. District 1201-Mid-Atlantic Merger:
The Pennsylvania school workers of District 1201 and the Mid-Atlantic District have worked side-by-side in our communities and as a union for several years. We are stronger together, and the union believes that both District 1201 and Mid-Atlantic members will have even more bargaining, political and organizing power as a unified district.
32BJ leadership proposes that the 1201 District be fully merged as the 1201-Mid-Atlantic District effective January 1, 2023.
2. Article III, Districts
- Section 1(a) of our union constitution identifies the districts of our Union. It would be amended to:
- Reflect the new 1201-Mid-Atlantic District.
- Define Delaware as part of the Mid-Atlantic District.
- Identify the Florida District, which fully became a district in 2021.
3. Article IV, Meetings
- Section 1(b) that mandates our General Membership Meetings would be amended to remove the individual reference to District 1201 to reflect the merger into the 1201-Mid-Atlantic District.
4. Article V, Qualifications for Office or Position
- Section 1 would be amended to:
- Amend the first sentence of Section 1 by adding “appointment” to the end of the sentence to make doubly clear that anyone appointed to fill a vacancy for an office or position have the save member-in-continuous-good-standing qualification requirements as those seeking election.
- Remove the provision which had modified the 2-year continuous good standing requirement to excuse those who could not make timely dues payments during the period of March 2020 through December 2021 due to the Covid pandemic.
- Ensure that 32BJ is governed by those who have a current connection to the Union and a stake in our program and policies. The amendment provides that any member who has been unemployed for more than six months would not be eligible to be nominated for elected or appointed office, and may not remain in elected or appointed office, including members who were on staff with the Union.
The amendment would provide for exceptions where a member is grieving or arbitrating their termination from industry employment and is in compliance with their dues obligations and for those who are unemployed due to disability for no longer than a year.
This amendment would not take effect until after the next election, on January 1, 2025.
Section 5 would likewise make retired members ineligible for union governance positions to ensure that only those who have a current stake in the Union’s program and policy decisions are making those decisions.
5. Article VI, Officers, Boards and Delegates
Section 5(a), which provides for the appointment of a specified number of Grievance Appeal Board members from each District, would be amended with minor changes to remove the 2009 effective date, since that date has long passed, and to add the word “Grievance” to the second clause for the sake of symmetry.
6. Article VII, Nominations and Elections
Section 3 would be amended to extend the date by which nomination petitions for elected officials and officers must be submitted to the Secretary-Treasurer from 60 to 75 days in order to give the Union more time to process those petitions
Section 5(a) would be amended to remove an expired clause that provided the 2018 Committee on Elections (COE) would serve as the 2021 COE during the Covid-19 pandemic.
The amendment would also permit the Joint Executive Board to use an alternative selection process for the Committee on Elections for future elections where they have determined that a pandemic or similar crisis has substantially disrupted normal operations.
7. Article IX, Charges, Trials and Appeals
Section 3, which provides for the appointment of a specified number of Trial Committee members from each District, would be amended to remove the reference to the 2009 election date, since that date has long passed.
8. Article XI, Revenue
Section 3(e) would be amended to make clear that the minimum dues rates, like all provisions in the 32BJ Constitution and Bylaws, are subject to change pursuant to the SEIU Constitution. Under Article XVII, all provisions in the 32BJ Constitution and Bylaws must be consistent and may not conflict with the SEIU Constitution, including all the dues provisions. But we would like to add this language to the minimum dues provision so that members are not confused should the minimum dues rates be increased by the International Union.
Section 3(l) would eliminate provisions provided for a transition period to the 32BJ dues structure for members formerly represented by certain Fireman and Oiler locals which was completed in 2011.
Section 4 would be amended to remove incomplete language about dues status eligibility requirements for the SEIU death benefit, which is already spelled out in a separate SEIU policy document.
It would likewise be amended to remove the vague reference to other rights and privileges because there is a separate provision that determines when a member loses rights and privileges based on dues delinquency of 3 months.
Section 7(b)(1)
Would make more clear that in order to maintain good standing, members are required to pay minimum dues for the leave period upon their reinstatement and are not required to pay minimum dues while on leave.
Section 7(b)(1) and (2) would be amended to remove the references to withdrawal cards for members who do not pay minimum dues while on a leave of absence. The withdrawal card is an unnecessary requirement.
9. Section 22 of the Rules for the Submission and Debate on Motions and Proposed Bylaw Amendments would be updated with our current headquarters address of 25 West 18th Street.