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Guam Community College Faculty Union Guam FederatioD of Teaehers MEMORANDUM Barry L. Mead Chair Date: May 26, 2010 To: Guam Federation of Teachers Executive Council Karen M. S. Sablan Via: Matt Rector Vice-Chair -"" ./"ident Juanita M. TenOrjO~m: ~~ L. Mead Recorder Chair, GCC Faculty Union CC: Guam Community College Faculty Subject: Guam Community College Local Most of you may not be aware that the Guam Community College Faculty held a preliminary vote to withdraw from the GFT and become a Local of the AFT. The results were 100% in favor of withdrawing (20 of 66 members voted). There are a number of things that must take place for this to happen, one of which is the approval of this Council. In light of the above results I would like to propose the following process to allow our faculty to achieve this goal. 1. A vote is taken on August 16, 2010 at the annual GCC Convocation at which all the faculty of the college as well as the support staff are in attendance. This vote would include two parts. One the affiliation with the GFT and the other would be the affiliation with the AFT. 2. Prior to the above vote a draft Constitution and By-Laws will need to be completed, and ratified by the faculty once the vote is taken and then presented to the AFT. 3. The Constitution needs to be filed with the Department of Revenue and Taxation. 4. Approval of the Department of Administration recognizing the "new" local as the exclusive bargaining agent for GCe. Hence this memo serves as a notice of intent as well as a request to allow for GeC to remain a member of the GFT until such time as all of the above are completed and the status of Local is approved by the AFT. Know too, that there is no intention to have any other union (except the GCC Support Staff) be a member of the "new" Local should it be approved. /:.1?re. (' . Ox: ~ 4-&((0 ~ ...
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Page 1: barry_s_amendmt_to_gft_constitution

Guam Community College FacultyUnion

Guam FederatioD of Teaehers

MEMORANDUM

Barry L. MeadChair

Date: May 26, 2010

To: Guam Federation of Teachers Executive Council

Karen M. S. Sablan Via: Matt RectorVice-Chair -"" ./"ident

Juanita M. TenOrjO~m: ~~ L. MeadRecorder Chair, GCC Faculty Union

CC: Guam Community College Faculty

Subject: Guam Community College Local

Most of you may not be aware that the Guam Community College Faculty held apreliminary vote to withdraw from the GFT and become a Local of the AFT. Theresults were 100% in favor of withdrawing (20 of 66 members voted). There are anumber of things that must take place for this to happen, one of which is the approvalof this Council.

In light of the above results I would like to propose the following process to allow ourfaculty to achieve this goal.

1. A vote is taken on August 16, 2010 at the annual GCC Convocation at whichall the faculty of the college as well as the support staff are in attendance. Thisvote would include two parts. One the affiliation with the GFT and the otherwould be the affiliation with the AFT.

2. Prior to the above vote a draft Constitution and By-Laws will need to becompleted, and ratified by the faculty once the vote is taken and then presentedto the AFT.

3. The Constitution needs to be filed with the Department of Revenue andTaxation.

4. Approval of the Department of Administration recognizing the "new" local asthe exclusive bargaining agent for GCe.

Hence this memo serves as a notice of intent as well as a request to allow for GeC toremain a member of the GFT until such time as all of the above are completed and thestatus of Local is approved by the AFT. Know too, that there is no intention to haveany other union (except the GCC Support Staff) be a member of the "new" Localshould it be approved.

/:.1?re. (' .

Ox:

~ 4-&((0~...

Page 2: barry_s_amendmt_to_gft_constitution

Barry L. MeadChair

Karen M. S. SablanVice-Chait

Juanita M. TenorioRecorder

Guam Community College FacultyUnion

Guam FederatioD of Teachers P·,. -_~':"~,,1--

MEMORANDUM

Date: May 26, 2010

To: Guam Federation of Teachers Executive Council

Via: Matt RectorPresident .-- -...

From: Barry L. Mea~-Chair, GCC Faculty Union

Subject: Proposed Amendments to the Guam Federation of TeachersConstitution effective December 05, 2009

Attached are eleven (11) proposed amendments to the Constitution of the GuamFederation of Teachers in accordance with Article XII of the constitution.

It is requested that these amendments be heard and voted upon at the next regularmeeting which according to Article VII, D, is scheduled to be held in September 2010.

Also, in accordance with Article XII it is requested that the notification for thismeeting be done by mail with copies of these amendments included. To only publishthe notice and the proposed amendments on a web site would severely hamper thememberships ability to have knowledge of the proposals and ability to decide how tovote.

I would also ask that due to the number of amendments and the complexity of thevoting that every attempt be made to insure that a maximum number of members arepresent, and that a roll call vote of the members signing in be taken on eachamendment to insure an accurate count and to insure that no non-member votes.

Guam 's LO(c21U UnionRECEIVED

By: ::zJl)~ae: lib v

Page 3: barry_s_amendmt_to_gft_constitution

Constitutional Amendment

For Consideration

In accordance with article Xll of the Constitution, Bylaws and Articles of Incorporation of the GuamFederation of Teachers, Local 158] American Federation of Teachers, AFL-CTO, T hereby submit thefollowing proposed Amendment for the consideration of the membership.

Article VIII, C Schedule for GFT Executive Council Meetings - Second Sentence

The intent of this amendment is to return the ability to call a special meeting of the ExecutiveCouncil to the members of the council, and require that the meeting be called by two members notone.

Current Language - The President or Acting President of the GFT shall have the authority to callspecial meetings of the Executive Council.

Proposed Langua~e - When considered needed, a special meeting of the Executive Council shall becalled by not less than any two (2) active members of the council.

Page 4: barry_s_amendmt_to_gft_constitution

Constitutional Amendment

For Consideration

In accordance with article XTT of the Constitution, Bylaws and Articles of Incorporation of the GuamFederation of Teachers, Local 1581 American Federation of Teachers, AFL-CIO, I hereby submit thefollowing proposed Amendment for the consideration of the membership.

Article Vill, B 2 Quorum - Inserting of a Second and Third Sentence

The intent of this amendment is to ensure there is a quorumfor all Executive Council meetings.

Current Language - A quorum for conducting business at Executive Council meetings shall consist ofa majority of the active Council membership. A union officer .

Proposed Language of two new sentences after "Council membership." in the first sentence - Aroll call voice affmnation of attendance shall be taken by the Council Secretary prior to the "Call toOrder." The roll call shall be taken of all the units represented by the Guam Federation of Teachers asevidenced by the membership roster.

Page 5: barry_s_amendmt_to_gft_constitution

Constitutional Amendment

For Consideration

In accordance with article XII of the Constitution, Bylaws and Articles of Incorporation of the GuamFederation of Teachers, Local 15&1American Federation of Teachers, AFL-CIO, I hereby submit thefollowing proposed Amendment for the consideration of the membership.

Article V, B, 1b Membership Eligibility and Ineligibility, Inserting of a Second Sentence

The intent of this amendment is to ensure only regular members of the represented units receive thebenefits of the membership.

Current Language - GFT Executive Council may, at a meeting, approve membership for otherpersons in the private sector.

Proposed Language of new sentence - Any person so approved may not hold any elected officewithin the Guam Federation of Teachers.

Page 6: barry_s_amendmt_to_gft_constitution

Constitutional Amendment

For Consideration

In accordance with article XlI of the Constitution, Bylaws and Articles of Incorporation of the GuamFederation of Teachers, Local 1581 American Federation of Teachers, AFL-CIO, I hereby submit thefollowing proposed Amendment for the consideration of the membership.

Article V, B~Ic Membership Eligibility and Ineligibilim Deletion of Section

The intent of this amendment is to bring in line this article and section with Article VI, C, 2, whichread, "The president, Vice-President, Secretary, and Treasurer shall be elected at-large from thetotal dues paying membership of the GFT." To be an officer of the union you must be a dues payingmember, as such any officer of the GFT Executive Council must be a dues paying member. If theyare not then that person may not hold the office.

Current Lan2ua2e - Officers of the GFT Executive Council as prescribed by Article VLA.

Propose the Deletion of sentence c. of para2raph B~Article V.

Page 7: barry_s_amendmt_to_gft_constitution

Constitutional Amendment

For Consideration

In accordance with article xn of the Constitution, Bylaws and Articles of Incorporation of the GuamFederation of Teachers, Local 1581American Federation of Teachers,AFL-CIO, I hereby submit thefollowing proposed Amendment for the consideration of the membership.

Article VI. C. 2 procedures for Electing Officers Inserting of Only and Dues Paying to thesentence

The intent of this amendment is to ensure only regular members of the represented units receive thebenefits of the membership.

Current Language - Regular GFT members can participate in the election of the At-Large Officers.

Proposed Language using the words "only" and "dues paying" - Only regular dues paying GFTmembers can participate in the election of the At-Large Officers.

Page 8: barry_s_amendmt_to_gft_constitution

Constitutional Amendment

For Consideration

In accordance with article XU of the Constitution, Bylaws and Articles of Incorporation of the GuamFederation of Teachers, Local 1581 American Federation of Teachers, AFL-CIO, I hereby submit thefollowing proposed Amendment for the consideration of the membership.

Article VI, C, 81Deletion of the third sentence

The intent of this amendment is to ensure that an election is held that allows for write ins to a ballotCurrently this sentence is in conflict with Article VI, C, 8b which states, "Each ballot shall containspace for members to write-in names of candidates who are not printed on the ballot." It is also inconflict with Article C (?) 1 & 2 that allows for a recall of officers. If there was no votes cast asallowed for in the Article, then to have a recall election should one be deemed necessary becomesonly something that can be determined by the courts.

Current Lan2ua2e - Should a candidate be unopposed for any office, that candidate shall beconsidered the winner.

Propose the Deletion of sentence 81of paragraph C. Article VI.

Page 9: barry_s_amendmt_to_gft_constitution

Constitutional Amendment

For Consideration

In accordance with article Xll of the Constitution, Bylaws and Articles of Incorporation of the GuamFederation of Teachers, Local 1581 American Federation of Teachers, AFL-CIO, I hereby submit thefollowing proposed Amendment for the consideration of the membership.

Article V, E, Terms of Membership and Payment of Dues

The intent of this amendment is to ensure that membership in the Guam Federation of Teachersremains as it should be, voluntary. The last three words of the first paragraph make no sense andlook as though there should have been a return and these three words are the heading for the nextparagraph.. The second paragraph in essence causes membership, once established, that it becomesalmost impossible to discontinue.

Current Language Paragraph One last sentence - Any members withdrawing under thesecircumstances may have their remaining dues waived by a two thirds majority vote of the Executivecouncil on an appeal from the affected members.

Proposed Laneuaee of new sentence - Any member withdrawing during their first year ofmembership may have their remaining dues waived by a two thirds majority vote of the Executivecouncil on an appeal from the affected member.

Propose the insertion of a return before the last three words of the first paragraph to make thema headiD2 for para2raph two (2)which reads - Termination of Membership

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Page 10: barry_s_amendmt_to_gft_constitution

Constitutional Amendment

For Consideration

In accordancewith article XII of the Constitution, Bylaws and Articles of Incorporation of the GuamFederation of Teachers, Local 1581American Federation of Teachers,AFL-CIO, I hereby submit thefollowingproposedAmendment for the considerationof the membership.

Article V, E, Terms of Membership and Payment of Dues

The intent of this amendment is to ensure that membership in the Guam Federation of Teachersremains as it should be, voluntary. The second paragraph beginning with the words Resignation bymember in essence causes membership, once established, almost impossible to discontinue.

Current Lan2ua2e - Any members may resign from the Union on their membership anniversary dateand fourteen days thereafter by submitting a written notice by hand delivery to GFT's main office or tothe GFT by Certified mail postmarked during the fourteen day period. Any member resigning shall beliable for the payment of all subscriptions, health plan payments, fmes and levies owed to GFT on thedate of said resignation and such monies may be sued for and recovered in the name of GFT or it'sdesignee.

Proposed Lan2ua~e - Any member may resign from the Union at any time after the completion ..2fJbeir ftrst full"year of membership, by submitting a written notice by hand delivery to GFT's mainoffice or to the GFT by Certified maib Any member resigning shall be liable for the payment of allsubscriptions, health plan payments, fines and levies owed to GFT on the date of said resignation andsuch monies may be sued for and recovered in the name of GFT or it's designee.

Page 11: barry_s_amendmt_to_gft_constitution

Constitutional Amendment

For Consideration

Tnaccordance with article XII of the Constitution, Bylaws and Articles of Incorporation of the GuamFederation of Tea~hc;r5, Local 1581 American Federation of Teachers, AFL-CIO, I hereby submit thefollowing proposed Amendment for the consideration of the membership.

Article V, E, Terms of Membership and Payment of Dues, Section pertaining toSuspension or Expulsion by Executive Council

The intent of this amendment is to ensure that a member is treated fairly and in the manner inwhich the GFTexpects its members to be treated by any management. Paragraph one of the sectionheaded Suspension or Expulsion by Executive council, makes the suspension one of subjectivity andnot one of objectives. There are no examples given what would or could be considered as conductharmful to the interests of the GFT or its members. As a union we are all about process when itcomes to for example adverse action. With Adverse action there is a list of offenses withrecommended actions. In this Article, there is no list of offense, nor a list of recommended actions.

Current Language - If the Executive council is of the opinion .

Propose the Deletion of the entire section with the exception of the last paragraph referring toEmployer termination. until the section can be rewritten to include a list of offenses. relatedactions and a procedure that allows for the grounds for Suspension or Expulsion by the ExecutiveCouncil to be one of objectives and not one of subjugations and subjectivity.

Page 12: barry_s_amendmt_to_gft_constitution

Constitutional Amendment

For Consideration

In accordance with article XII of the Constitution, Bylaws and Articles of Incorporation of the GuamFederation of Teachers, Local 1581 American Federation of Teachers, AFL-CIO, I hereby submit thefollowing proposed Amendment for the consideration of the membership.

Article V,G, RIGHT TO UNITE WITH GFT

The intent of this amendment is to ensure that membership in the Guam Federation of Teachersremains as it should be, voluntary. This section does not allow for a unit to change its mind.

Current Lan~age - The Executive Council may allow unions to enter into the GFT at any time.Once the Executive Council allows a union to join, then that union is considered to be in activestanding and shall comply with Article VIII.B.2. The Executive council may allow unions to merge. Aunion, once entered into GFT, shall not be allowed to leave.

Proposed Language - The Executive Council may allow unions to enter into the GFT at any time.Once the Executive Council allows a union to join, then that union is considered to be in activestanding and shall comply with Article VIII.B.2. The Executive council may allow unions to merge. Aunion, once entered into GFT, shall be allowed to leave, by showing evidence that a vote of itsmembers has been taken and a two-thirds majority of the total members of that union (unit) voted in~vor of leaving the GFT.

Page 13: barry_s_amendmt_to_gft_constitution

Constitutional Amendment

For Consideration

In accordance with article XII of the Constitution,Bylaws andArticles of Incorporationof the GuamFederation of Teachers, Local 1581 American Federation of Teachers, AFL-CIO, I hereby submit thefollowing proposed Amendment for the consideration of the membership.

Article VI, D, 1, (recall of any of the four at-large officers) RECALL ELECTIONS

The intent of this amendment is to ensure that membership in the Guam Federation of Teachersmay recall an officer that is, in the opinion of the membership not fulfilling the responsibilities andduties of the office, or is causing considerably unfavorable or damaging attention to be broughtupon the Guam Federation of Teachers.

Current Language of the second sentence of the first paragraph Section 1 - "The petition must besigned by at least fifty percent of the total regular members at the time of the election."

Proposed Lan2ua2e - The petition must be signed by at least fifty percent of the total regularmembers voting in the most recent election for that office. Should no actual vote have been taken thena petition in order to be valid shall have no less than 250 signatures of regular dues paying members ofthe unions recognized by the Guam Federation of Teachers.

Current Lan~ua~e of the third Para~raph of Section 1 - Recall of any of the four at-Iar~e officers."In order for this referendum election to be valid, at least two-thirds of the number of totalregular members must vote "Yes."

Proposed Lan~ua~e - In order for this referendum election to be valid, at least two-thirds of thenumber of members voting in the most recent election for that office shall vote "Yes." Should noactual vote have been taken then at least two thirds of the number of members voting for the recall shallvote "Yes."