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Constitution & By-Laws

Constitution and By-Laws of the
Protective Services Employees Coalition, Inc.
Amended and Revised, August 25, 2004

 

 

 Article I

NAME

   

Section One

 This Union shall be named the Protective Services Employees Coalition, Inc. the "Union"

   

Section Two

This Union is affiliated with the International Union of Police Associations, AFL-CIO, and the International Association of Fire Fighters, AFL-CIO

   

Section Three

This Union is an affiliate of the AFL-CIO, the Connecticut State Labor Council and the appropriate local labor councils.

   

 

 

  Article II

OBJECTIVES AND PRINCIPLES

   

Section One

The objectives and principles of the Union are:

   

 

(a) to aid bargaining unit employees in obtaining fair and improved wages, hours   of work and working conditions;

   

 

(b) to support and cooperate with state and municipal labor organizations and  other workers on obtaining mutual goals and benefits;

   

 

(c) to promote, protect and advance the principles of collective bargaining

   

 

(d) to encourage all bargaining unit employees, without discrimination against any  person; or group, to join and participate in all activities of this labor Union;

   

 

(e) to secure legislation and administration action which will safeguard and promote the goals of state and municipal employees and the security, strength and vitality of state and municipal employment and collective bargaining;

   

 

(f) to protect and strengthen our democratic institutions, the labor movement in general and the aims and goals of the American Federation of Labor and Congress of Industrial Organizations, AFL-CIO; 

   

 

(g) to safeguard the democratic character of the labor movement and to protect the autonomy of this Union;

   

 

(h) to encourage and support the purchase of union goods and services;

   

 

(i) to support the parent labor organizations in their efforts to improve the well being of public employees.

   
Section Two The methods of obtaining the objectives of the Union shall be:
   
  (a) the collective bargaining process;
   
  (b) legislative action and reform;
   
  (c) advocacy and public relations;
   
  (d) concerted activities
   
  (e) political action and education;
   
  (f) coordinated activities by and between affiliated unions of the AFL-CIO.
   
Section Three The powers of the Union shall include:
   
  (a) all those regulatory, executive and judicial powers provided or permissible under state and federal labor legislation or general statute;
   
  (b) the power to decide or adjudicate all questions arising under this Constitution relating to the rights, privileges and obligations of committees and other subordinate bodies;
   
  (c) the power to decide all questions arising under Constitution relating to membership and member status;
   
  (d) all powers necessary and proper to maintain and preserve the status of the Union as the recognized and certified bargaining agent, where applicable;
   
  (e) the power to affiliate or disaffiliate with any organization, federation or coalition as deemed necessary;
   
  (f) the power to raise other revenues in any fashion consistent with the laws of the State of Connecticut and any other federal or state labor laws;
   
  (g) the power to invest its revenues, levy and adjust dues and assessments, and take ownership or title in real or personal property and to borrow monies from any institutional lender;
   
   (h) the power to employ and retain such professional and administrative staff as is deemed necessary;
   
  (i) the power to create and execute contracts for the benefit of the membership;
   
  (j) the power to amend the Constitution;
   
  (k) the power to litigate, arbitrate and otherwise represent the membership in matters of labor relations and general administration;
   
  (l) the power to institute activities and programs consistent with, and pursuant to, the methods specified in Section Two of this Article.
   
   
Article III MEMBERSHIP
   
Section One (a) Active membership shall be available to all employees of the State of Connecticut whose job titles fall within
   
  (b) An active member shall be a current NP-5 bargaining unit employee who has signed and filed with the Union a membership application.
   
Section Two (a) Only active members shall have the right to vote on Union matters, including, but not limited to, a contract ratification;
   
  (b) Only active members shall serve as officers or on committees of the Union.
   
Section Three A retiree membership shall be available to all persons who have retired from state service, having served in a job classification falling within the Union bargaining unit at the time of their retirement. All retiree members shall be a member of the Protective Services Retirees Association which shall be a standing committee of the Union, and whose members shall be entitled to vote on any matter pending before the Retirees Association, but shall not be entitled to vote on matters pending before the Union. The President of the Retirees Association, who shall for the initial term, be appointed by the President of the Union, shall be elected in accordance with the by-laws to be established under Article V, Section 7. The President of the Retirees Association shall be a non-voting Vice-President of the Union's Executive Board as described in Article IV, Section 4.
   
   
Article IV OFFICERS
   
Section One Composition of Officers:
   
  (a) A President, to be elected in accordance with Article VI, Elections, and who shall serve for a four-year term implemented as a three-year term beginning in 2006 followed by four-year terms beginning in 2009;
   
  (b) An Executive Vice President, to be elected in accordance with Article VI, Elections, and who shall serve for a four-year term implemented as a three-year term beginning in 2006 followed by four-year terms beginning in 2009;
   
  (c) A Vice President, elected as President of Local 74 of the International Union of Police Associations, AFL-CIO;
   
  (d) A Vice President, elected as President of Local S-15 of the International Association of Fire Fighters, AFL-CIO;
   
  (e) A First Vice President, elected as First Vice President of Local 74 of the International Union of Police Associations, AFL-CIO
   
  (f) A First Vice President, elected as First Vice President of Local S-15 of the International Association of Fire Fighters, AFL-CIO
   
  (g) A Secretary/Treasurer, elected in accordance with Article VI, Elections, and who shall serve for a four-year term implemented as a three-year term beginning in 2006 followed by four-year terms beginning in 2009;

 

Section Two No person shall simultaneously hold more than one of the foregoing offices.
   
Section Three The President shall be the chief executive officer of the Union and shall be responsible for the daily activities thereof. The President is empowered to execute documents and obligations and bind the body, subject to the limitations set by this Constitution and the Annual Convention and approval of the Executive Board. The President shall act as the official spokesperson for the Union, shall serve as ex-officio on all Union committees, and shall be entitled to be a delegate to any convention or meeting at which the Union is allotted representation. The President may appoint Vice Presidents to the Executive Board as outlined in Article V, Section Seven, and shall have the power to remove such appointees. The President may appoint Stewards as many as permitted by the provisions of the NP-5 Collective Bargaining Agreement and shall have the power to remove such appointees for cause subject to approval of the Executive Board.
   
Section Four The Executive Vice President shall be the senior Vice President and, in the absence or disability of the President shall, assume such powers as are ascribed to the President. In the event of death, retirement, resignation or recall of the President from office, the Executive Vice President shall succeed the President for the un-expired portion of the President's term. The Executive Vice President shall discharge such other duties as may be assigned to him by the President, Annual Convention or Executive Board.
   
Section Five (a) The IUPA Vice President shall be the President of Local 74 of the International Union of Police Associations and shall be elected under the provisions of their By-Laws. The IUPA Vice President shall be responsible for all internal relations with the International Union of Police Associations, AFL-CIO. The IUPA Vice President shall discharge such other duties as may be assigned to him/her by the Annual Convention, Executive Board or the President.
   
  (b) The IAFF Vice President shall be the President of Local S-15 of the International Association of Fire Fighters and shall be elected under the provisions of their By-Laws. The IAFF Vice President shall be responsible for all internal relations with the International Association of Fire Fighters, AFL-CIO. The IAFF Vice President shall discharge such other duties as may be assigned to him/her by the Annual Convention, Executive Board or the President.
   
Section Six (a) The IUPA First Vice President shall be the First Vice President of Local 74 of the International Union of Police Associations and shall be elected under their By-Laws. The IUPA First Vice President shall assist the IUPA Vice President in handling internal relations with the International Union of Police Associations, AFL-CIO. The IUPA First Vice President shall discharge such other duties as may be assigned to him/her by the Annual Convention, Executive Board or the President.
   
  (b) The IAFF First Vice President shall be the First Vice President of Local S-15 of the International Association of Fire Fighters and shall be elected under their By-Laws. The IAFF First Vice President shall assist the IAFF Vice President shall assist the IAFF Vice President in handling internal relations with the International Association of Fire Fighters, AFL-CIO. The IAFF First Vice President shall discharge such other duties as may be assigned to him/her by the Annual Convention, Executive Board or the President.
   
Section Seven The Secretary/Treasurer shall be responsible for the recording, compiling and maintaining of all minutes of meetings of the Executive Board and the Annual Convention, and shall be responsible for the maintenance of all other official Union records and documents. He/She shall be responsible for the fiscal affairs of the Union and for all matters pertaining to the current budget. The Secretary/Treasurer shall be responsible for the timely payment of all required dues, fees and obligations to labor federations or councils with which the Union of affiliated. The Secretary/Treasurer shall be responsible for the collection of revenues and for the authorized disbursement of Union funds. The Secretary/Treasurer shall serve as acting President during the simultaneous absence or disability of the President and Executive Vice President.
   
Section Eight The President, Executive Vice President and Secretary/Treasurer shall be elected in a manner provided in Article VI for a term of four years and until their successors have been elected and have assumed office.
   
Section Nine (a) A vacancy in the office of the President shall be filled in the manner provided in Section Five of this Article
   
  (b) A vacancy in the office of Executive Vice President due to death, retirement, resignation or recall from the office shall be filled by the Secretary/Treasurer for the un-expired portion of the term being filled.
   
  (c) A vacancy in the office of the Secretary/Treasurer due to death, retirement, resignation or recall from the office shall be filled by appointment of the Executive Board for the un-expired portion of the term being filled.
   
Section Ten A vacancy in the office of the IUPA Vice President or the IUPA First Vice President will be filled by virtue of the filling of the underlying vacancy in the office of President or First Vice President of Local 74 of the International Union of Police Associations in accordance with the Constitution and By-Laws of the Local 74 of the International Union of Police Associations, AFL-CIO.
   
Section Eleven A vacancy in the office of IAFF Vice President or IAFF First Vice President will be filled by virtue of the filling of the underlying vacancy in the office of President or First Vice President of Local S-15 of the International Association of Fire Fighters, AFL-CIO, in accordance with the Constitution and By-Laws of the Local S-15 of the International Association of Fire Fighters, AFL-CIO.
   
Section Twelve Before assuming office; each officer shall take the following oath of office: "I, _________, do solemnly swear that my every action as an officer of the Protective Services Employees Coalition, Inc., will be taken according to my best judgment, for the benefit of its members; and that I will adhere to the Constitution and By-Laws of this Union and the principles of the labor movement."
   
   
Article V EXECUTIVE BOARD
   
Section One The Executive Board shall consist of seven (7) members and shall include the President, Executive Vice President, Secretary/Treasurer, IUPA Vice President, and IAFF Vice President, IUPA First Vice President, and IAFF First Vice President, who shall each have one vote. An Executive Board Member shall serve until the next Annual Convention at which time, and thereafter at each Annual Convention, such Executive Board member's Executive Board membership shall be automatically renewed for successive one year terms for so long as such Executive Board member continues to serve in the officer position which entitled him or her to his or her initial membership on the Executive Board.
   
Section Two The Executive Board shall have sole authority to exercise all the powers of the Union delineated in Article II of this Constitution, with the exception of the following powers which shall be reserved to the Annual Convention exclusively: the powers specified in Article II, Section Three, subsection (j) and Article VII, Section Six.
   
Section Three The Executive Board shall meet monthly to attend all appropriate matters of Union business. Special meetings of the Executive Board shall be convened forthwith upon the call of the President or upon petition of a majority of the Executive Board submitted to the Secretary/Treasurer.
   
Section Four All meetings of the Executive Board shall be chaired by the President. The Chair shall be permitted to vote on any matter before the Executive Board.
   
Section Five At any meeting of the Executive Board, a quorum must be present and shall consist of a majority of the Executive Board, excluding any current vacancies that may exist.
   
Section Six All meetings of the Executive Board shall be conducted in a polite and professional manner guided by Roberts Rules of Order.
   
Section Seven The President may appoint up to six Vice Presidents who may be required to report to the Executive Board. Each Vice President shall be assigned to one of the following jurisdictions: Organizing, AFL-CIO Liaison, Member Services, Legislative Affairs, Safety and Education, Communications and Public Relations.
   
Section Eight The Executive Board shall have the power to determine the amount and method of payment of all membership dues or fees for Retiree membership. A separate accounting of such funds will be maintained by the Secretary/Treasurer. The Secretary/Treasurer shall be responsible for overseeing the fiscal affairs of the Retirees Association, and at his/her discretion, any or all of the fiscal responsibilities may be delegated to an active "Retiree" member. The Executive Board shall have the authority to review and determine any by-laws for the Retirees Association.
   
   
Article VI ELECTIONS
   
Section One Any active member may be nominated for any elective office or position by having a letter of candidacy filed with the Secretary, who shall give a receipt for such letter. The nomination must be seconded by at least one other active member. The letter must be filed at least sixty (60) days before the Annual Convention. A list of candidates so nominated, and a mail in ballot, if more than one candidate is nominated for an office or position specifying the office or position sought by each, shall be mailed to each active member at least forty-five (45) days before the Annual Convention. When there is more than one candidate for any position, the President shall organize not fewer than four (4) meetings, at various locations, for the purpose of allowing the candidates to present themselves before the membership. These meetings shall be located and scheduled with the intent of allowing maximum reasonable opportunity for the members to meet the candidates. These meetings shall be scheduled not more than fifty-nine (59) and not fewer than forty-five (45) days before the Annual Convention.
   
Section Two Each Officer shall be elected by a plurality of the total votes cast in accordance with Section Three of this Article. In the event that a candidate is unopposed, said candidate shall be removed from the ballot, but not the list, specified in Section One of Article VI. Said candidate shall be elected by a single vote cast by the Secretary at the Annual Convention. In the event that all candidates are unopposed, ballots shall not be distributed, and only a list of said candidates shall be mailed to members as specified in Article VI, Section One. The election of candidates, in such an instance, shall be effectuated by a single vote cast by the Secretary at the Annual Convention and the four (4) meetings specified in Section One of Article VI may be waived.
   
Section Three In elections, when more than one candidate is nominated for an office or post, the Secretary shall cause to be printed ballots listing each office to be filled and each candidate for such office. Only active members will be allowed to vote. Election of Officers shall be done by secret ballot. Each active member shall be allowed one ballot. The mailing, accounting and tabulation of ballots shall be administered by a competent, independent body retained for this purpose in accordance with Section Four of this Article. Ballots shall be mailed to the address of record for each active member, allowing not less than fifteen (15) calendar days for the return of the ballot from the date of mailing by the administering body, as determined by postmark. The deadline date shall be clearly indicated on each ballot. The postmark on the voting ballot envelope shall be used to determine whether the ballot is timely. Only ballots postmarked by the deadline shall be counted. Voting ballots received more than five (5) calendar days after the deadline shall not be counted, irrespective of the postmark.
   
Section Four (a) An active member who can demonstrate and certify that he/she is assigned to a bargaining unit work site, on the date and time of the Annual Convention may request an absentee ballot, if such a request is made not fewer than ten (10) days in advance of the convention.
   
  (b) The Executive Board shall, select and retain the services of a competent, independent body to conduct and certify the election of Officers, hereinafter referred to as the Election Administrator. This Election Administrator shall distribute and receive ballots, and tabulate and certify the results of the election. The Election Administrator shall keep the results secret and turn them over to eh Election Umpire on the day of the Annual Convention not later than close of business, except as authorized in Article VI Section Four Subsection (e) of this Constitution.
   
  (c) The President shall appoint one active member as an Election Umpire who shall oversee the administration of the election and ensure that the process is conducted in accordance with this Constitution. Said Umpire shall address any irregularities and shall report to the Executive Board. The Executive Board shall appoint two active members as Parliamentarians. The Parliamentarians shall assist the Election Umpire.
   
  (d) The Election Umpire shall present the results of the election to the members at the Annual Convention.
   
  (e) In the event of a tie between candidates for the same office sought, the Election Administrator shall notify the Election Umpire that a runoff election is needed and shall identify the candidates and the post, not later than fifteen (15) calendar days before the Annual Convention. The Election Umpire shall then cause noticed to be mailed not later than ten (10) days before the Annual Convention, to all active members' addresses of record, advising them that a runoff election shall be conducted at the Annual Convention, the tied candidates' names and the post sought. If there is a need for a runoff election at the convention, the plurality of present members shall prevail. The term plurality, as used in this Article, shall mean the largest number of votes. The runoff election shall be administered pursuant to Article VI, Section Five of this Constitution.
   
  (f) There shall be no absentee voting in runoff elections. All active members present may vote in a runoff election and the majority shall prevail.
   
Section Five In the event that a runoff election is needed, the President shall appoint three (3) convention parliamentarians who will open and count all ballots cast at the Convention. To vote in the runoff election, a member shall present the Secretary, or his/her designee, with proper identification. The Secretary or his/her designee shall provide the member with one ballot form listing the office(s) to be filled and each candidate. Voting will be done by secret ballot with a ballot box provided by the Secretary. In the event of a dispute among the parliamentarians, the majority shall prevail. Each candidate shall be allowed to appoint one vote monitor who will be allowed to recount the voted for that candidate only.
   
Section Six Each candidate shall be entitled to one set of mailing labels for the entire membership. Each candidate shall certify that the labels shall be used solely by the candidate for the purpose of promoting their candidacy and shall not be distributed to third parties.
   
Section Seven All elected officers will take the oath of office at the conclusion of the annual convention and will take office effective the first day of the fiscal year following the election. the newly elected President shall have the authority to call a Special Convention immediately subsequent to the close of the Annual Convention.
   
   
Article VII CONVENTION
   
   
Section One The Annual Convention shall be held in between June 1st and June 15th of each year. The date, time and place of the Annual Convention shall be set by the President. The active membership shall be notified of the date, time and place of the Annual Convention not less than ten (10) nor more than sixty (60) days prior to the date of the convention. Proposed changes to the Constitution and By-Laws or Certificate of Incorporation shall be included with such notice of the call to the convention.
   
Section Two There will be no resignation fee.
   
Section Three The President shall convene and chair the Convention.
   
Section Four The agenda shall be established by the President and shall include the following items:
   
       (a) Officers' Reports; Committee Reports
   
       (b) Adoption of Annual Budget
   
       (c) election of Officers
   
       (d) Old Business
   
       (e) New Business
   
       (f) Installation of New Officers
   
       (g) Good and Welfare