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SEIU LOCAL 503, OREGON PUBLIC EMPLOYEES UNION

BYLAWS

 

Translation

 

Note: Translations of materials into languages other than English are not legally binding. We have attempted to provide an accurate translation of the original material in English, but due to the nuances in translating to a foreign language, slight differences may exist.

INDEX

 

INDEX. 1

ARTICLE I – NAME. 3

ARTICLE II – PURPOSE. 3

ARTICLE III – MEMBERSHIP. 3

ARTICLE IV – LOCALS. 5

ARTICLE V – MEMBER BILL OF RIGHTS AND RESPONSIBILITIES IN THE UNION AND ON THE JOB  6

ARTICLE VI – MISCONDUCT OF MEMBERS. 8

ARTICLE VII – RESPONSIBILITIES OF OFFICERS AND LOCAL REPRESENTATIVES. 9

ARTICLE VIII – GOVERNANCE OF THE UNION. 10

ARTICLE IX – THE GENERAL COUNCIL. 11

ARTICLE X – CONVENTIONS. 16

ARTICLE XI – BOARD OF DIRECTORS. 16

ARTICLE XII – EXECUTIVE COMMITTEE. 19

ARTICLE XIII – STATEWIDE OFFICERS AND IMMEDIATE PAST PRESIDENT. 19

ARTICLE XIV – DUTIES OF STATEWIDE OFFICERS AND IMMEDIATE PAST PRESIDENT. 20

ARTICLE XV – ELECTIONS. 24

ARTICLE XVI – UNION STEWARDS. 31

ARTICLE XVII – COMMITTEES. 32

ARTICLE XVIII – DUES. 34

ARTICLE XIX – GENERAL FINANCIAL MATTERS. 35

ARTICLE XX – LOCAL FUNDING AND ACCOUNTING. 36

ARTICLE XXI – INACTIVATION OF LOCALS. 38

ARTICLE XXII – LEGAL COMPLIANCE. 38

ARTICLE XXIII – POLITICAL ACTION PROGRAM.. 39

ARTICLE XXIV – NO DISCRIMINATION. 39

ARTICLE XXV – AMENDMENT OF BYLAWS. 39

ARTICLE XXVI – PARLIAMENTARY AUTHORITY. 40

APPENDIX 1 – BOARD OF DIRECTORS SEATS. 41

APPENDIX 2 – BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS. 43

APPENDIX 3 – FIDUCIARY DUTIES. 46

APPENDIX 4 – DISCIPLINARY PROCESS TRIALS AND APPEALS. 47

APPENDIX 5 – REMOVAL OF OFFICERS AND LOCAL REPRESENTATIVES. 53

APPENDIX 6 – LABOR MANAGEMENT REPORTING AND DISCLOSURE ACT REQUIREMENTS FOR LABOR ORGANIZATION REPORTING (LM-2) 55

APPENDIX 7 – REPORTING AND DISCLOSURE REQUIREMENTS FOR STATEWIDE OFFICERS, LOCAL OFFICERS, DIRECTORS, ASSISTANT DIRECTORS AND UNION STAFF. 57

APPENDIX 8 – SEIU CODE OF ETHICS AND CONFLICT OF INTEREST POLICY and SEIU LOCAL 503, OPEU CODE OF ETHICS SUPPLEMENTAL  59

 

SEIU LOCAL 503, OREGON PUBLIC EMPLOYEES UNION BYLAWS

 

ARTICLE I – NAME

 

The name of this organization shall be the Service Employees International Union Local 503, Oregon Public Employees Union, hereinafter referred to as the “Union”.

 

ARTICLE II – PURPOSE

 

Vision Statement. We envision a just and vibrant society where everyone is treated with dignity and respect, where all workers can provide for themselves and their families.

 

Purpose Statement. Our Union is a labor organization established to represent and work for the benefit of both public and private sector members on matters of, including but not limited to, employment relations, collective bargaining and contract administration including arbitration and other remedies of law and rule.

 

Our Union is committed to operating democratically, openly, and through the leadership of its members. We seek to empower our members and their communities to overcome injustice and inequity so that everyone has equal access to opportunity.

 

ARTICLE III – MEMBERSHIP

 

Section 1.  The Union has six (6) types of membership: active, semi-active, associate, retired, staff, and community.

 

Section 2.  Active Membership.

 

 

(120) days after employment ends.

 

 

 

 

Section 3. Semi-Active Membership.

 

 

 

Section 4.  Associate Membership.

 

 

 

Section 5.  Retiree Membership.

 

(a) Retiree membership is open to persons who, while employed, were active, staff, or associate members of the Union or its predecessor organizations or other SEIU affiliated unions.

 

(b)  Retiree members have all the rights of Union membership except those rights excluded herein. The President of the Retiree Local 001, or, in the President’s absence, the Vice President of the Retiree Local 001, shall

have voting rights as a member of the Board. Delegates to General Council shall have the same voting rights as other General Council delegates.

 

(c) Notwithstanding the provisions of subsection (b) of this Section, no retired member, including any retired Past President, who immediately prior to retirement was not an active member under Section 2 of this Article, or a semi-active member, under Section 3 of this Article, or a staff member under Section 6 of this Article, if the staff member transitioned from an active or semi-active member to a staff member, shall have any membership rights other than the right to participate in programs made especially available for retired persons; the right to meet and assemble with other retired members for the purpose of dealing with matters or concerns relating only to retired members; and the right to express views and vote at such meetings on such matters or concerns. Exceptions to this policy may be granted to former active members of the Union who spent the majority of their employment in the bargaining unit. The grant of this exception requires unanimous approval by the Board. A retired person granted this exception by the Board has the same membership rights as other retired members who retired in active member status. This action may be revoked by a majority vote of the Board.

 

Section 6. Staff Membership. Staff membership is open to Union staff. Staff members have the right to:

 

 

 

 

 

Section 7. Community Membership.

 

 

 

Section 8. Subject to approval by the Board of Directors, eligibility for continuing membership may be extended to former active members who separate from employment in a bargaining unit currently or formerly represented by the Union and to former staff members who separate from employment with the Union. The Board shall approve continuing active membership for the duration of the term of a Union Statewide President who continues to meet the other eligibility criteria in these Bylaws for the office.

 

Section 9. Membership is contingent upon payment of dues as provided in these Bylaws. (See Article XVIII)

 

ARTICLE IV – LOCALS

 

Section 1. Locals are sub-components of the Union comprised of the active and semi-active members for each state agency, each subsection of a state agency designated as a Local by the Board of Directors (as requested by the members in the affected agency) or other bargaining unit represented by the Union or other non-state agency bargaining unit. All alternate structures must be approved by the elected leaders of the affected Locals (or the bargaining team, in the case of newly formed Locals that do not yet have elected leaders) and the Board of Directors.

 

Section 2. A regular Local may also be formed by affiliation of an existing employee organization with this Union. Affiliation shall be pursuant to an affiliation agreement between the organization and the Union approved by the Board and signed by the President and Secretary of the Union.

 

Section 3. Each Local shall file with the Union’s Secretary a signed and ratified copy of the Local’s provisions for self-government and any subsequent amendments thereto. Any portion of a Local’s provisions for self-government in conflict with the Bylaws of the Union or any resolution approved by the General Council shall be void.

 

Section 4. All active members of the Union shall belong to a Local. An active member may hold membership in more than one Local at a given time, if employed by more than one employer with Union bargaining unit members. In such cases, the member holds full membership rights in each of the Locals where they have membership, but may only have one vote in statewide issues. In order to be able to cast one vote for industry representation in the statewide Board election, a dual Local member shall have a primary industry seat determined by where the longest membership status exists. For purposes of this Article, “statewide” shall also include one representational vote at such events as General Council, bargaining conferences, SEIU conventions, etc.

 

ARTICLE V – MEMBER BILL OF RIGHTS AND RESPONSIBILITIES IN THE UNION AND ON THE JOB

 

Section 1. Rights and responsibilities of Union members in the Union include the following:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 2. Rights and responsibilities of Union members on the job include the following:

 

 

 

 

 

 

 

 

 

 

 

Section 3. All members of the Union shall have and may freely exercise the rights of union members set forth in law including, but not limited to, the “Union Members’ Bill of Rights” of the Labor Management Reporting and Disclosure Act (LMRDA) which is set forth in Appendix 2 of these Bylaws.

 

ARTICLE VI – MISCONDUCT OF MEMBERS

 

Section 1. Members who engage in the following or other forms of misconduct shall be subject to discipline up to and including revocation of membership and expulsion from the Union pursuant to the disciplinary procedures set forth in Appendix 4 of these Bylaws.

 

 

 

 

 

 

  1. Call for a new labor organization; or

 

  1. Seek to decertify the Union;

 

  1. Encourage members to drop membership.

 

 

 

 

 

 

 

 

 

 

 

 

Section 2.  A member whose membership has been revoked may be reinstated by a three-fourths (3/4) vote of the Board after six (6) months from the date of revocation.

 

Section 3. Nothing in this Article is intended to, nor should it be construed to, limit the rights of any member or group of members to exercise their rights of free speech, Union candidate or election speech, redress of grievances, and dissent.

 

ARTICLE VII – RESPONSIBILITIES OF OFFICERS AND LOCAL REPRESENTATIVES

 

Section 1. Responsibilities of Statewide Officers, Local Representatives, Directors and Assistant Directors, voting General Council Delegates and other representatives include the following:

 

 

 

 

 

 

 

Section 2. A vacancy in any Local Representative position shall be filled for the remaining portion of the term in such office in accordance with the provisions of the Local’s constitution and bylaws.

 

Section 3. Statewide Officers, Local Representatives, voting General Council Delegates, Directors and Assistant Directors may be removed from office or Local representative position pursuant to the procedures set forth in Appendix 5 of these Bylaws.

Section 4. Responsibilities of Local leadership also include but are not limited to:

 

 

 

 

 

 

 

 

 

 

 

ARTICLE VIII – GOVERNANCE OF THE UNION

 

Section 1. The General Council is the supreme governing body of the Union and shall meet in regular session every even-numbered year.

 

Section 2. The Board is the governing body of the Union between sessions of General Council, and the administration of the affairs of the Union is vested in the Board.

 

Section 3. The Executive Committee of the Board is the governing body between meetings of the Board.

 

Section 4. In addition to these Bylaws, the Union shall maintain a governing document termed Administrative Policies and Procedures (AP&P). To the extent a provision in the AP&P conflicts with a provision in these Bylaws, the terms of these Bylaws shall prevail.

 

 

 

ARTICLE IX – THE GENERAL COUNCIL

 

Section 1.

 

 

 

 

 

Any call to a special session shall specify the subjects on which action by the General Council is sought.

 

Section 2.

 

 

 

 

 

 

 

 

Section 3. Local Representation. Each Local is entitled to a minimum of one (1) delegate. Representation in the General Council is otherwise accorded to each Local on the basis of one (1) delegate for each one hundred (100) members or majority fraction thereof. The number of delegates to which a Local is entitled shall be determined by the most recent Union monthly Membership Report prior to the deadline for notification of delegate strength or by the average annual membership of the previous twelve (12) months available, whichever is higher.

 

Section 4. Accreditation. A Local delegate is accepted as a member of General Council upon presentation and acceptance at the regular session and/or special session of General Council with credentials signed by an officer or Local Representative of the delegate’s Local. Statewide Officers, Directors, and Assistant Directors, including the Retiree Local President and Vice President, are accepted as members upon presentation and acceptance of credentials signed by the Union President or Secretary.

 

Section 5. Voting.

 

 

 

 

Section 6. Resolutions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 7. Expenses. Authorized expenses of members of the General Council, when attending any session of the Council, are paid by the Union.

 

Section 8.  Voting Between Sessions.

 

 

opposing arguments pertinent to the question. The tally of votes and announcements of results shall be made by the Secretary.

 

Section 9.  General Council Committees.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 10. The President of any General Council or Special General Council shall appoint a parliamentarian whose sole duty shall be to keep the chairperson advised of proper parliamentary procedure and to advise the chairperson in the form of rulings on parliamentary questions raised during the General Council. The person selected to serve in this capacity shall do so to the exclusion of any other General Council or Special Council office or job.

ARTICLE X – CONVENTIONS

 

Delegates to the SEIU Convention shall be determined as follows:

 

Statewide Officers and members of the Board of Directors shall serve as automatic delegates to the SEIU Convention, as long as they meet all criteria set out by SEIU (which may include having been elected in an LMRDA governed election and having been a member in good standing for at least two years). For the President of the Retiree Local, this may include the Local meeting a threshold number of retiree members. If there are more people entitled to delegate status than the number of delegate slots to which the Union is entitled, then the Statewide Officers shall be automatic delegates, and names of eligible Directors shall be randomly chosen until all delegate slots are filled. If there are fewer people entitled to delegate status than the number of delegate slots to which the Union is entitled, then Assistant Directors who meet SEIU criteria shall be randomly chosen until all delegate slots are filled. If the Union is entitled to more Delegate slots than can be filled with Statewide Officers, Directors, and Assistant Directors, the Board of Directors may create a process to elect additional Delegates to the SEIU Convention and the Board of Directors will notify General Council delegates of the process created.

 

ARTICLE XI – BOARD OF DIRECTORS

 

Section 1. The Board of Directors of the Union (the Board) is comprised of: (a) Directors holding the seats set forth in Appendix 1 to these Bylaws, including the President of Retiree Local 001; (b) The Statewide Officers; and (c) The Immediate Past President.

 

 

 

 

 

Section 2.   Powers of the Board.

 

 

 

Section 3.  Regular Meetings of the Board.

 

 

 

Section 4. Special Meetings of the Board may be called by a majority of the Board, upon five (5) days’ written notice, and are limited to a consideration of the matters specified in the call.

 

Section 5. Quorum of the Board. A majority of the members of the Board entitled to a vote at the meeting shall constitute a quorum. Assistant Directors serving in the absence of a Director shall count towards the majority.

 

Section 6. The Board shall determine salaries, fringe benefits, and conditions of employment for the Executive Director through negotiations between the Executive Director and the Board.

 

Section 7. Terms and conditions of employment for represented employees of the Union shall be subject to collective bargaining, in which the Union shall be represented by a committee consisting of management staff members appointed by the Executive Director and active and/or semi-active Union members and/or members with full retiree membership rights appointed by the President and approved by the Board.

 

Section 8. The Board shall follow procedures to protect the rights of dissenting Local members and assure operation of democratic processes.

 

 

Section 9. Directors shall perform the following functions and duties as well as other functions and duties as appropriately assigned.

 

 

 

 

 

 

 

 

Section 10. Assistant Directors shall perform the following functions and duties as well as other functions and duties as appropriately assigned.

 

 

 

 

 

 

Section 11. Before a Director-elect or an Assistant Director-elect may assume office, the Credentials Committee, if the General Council is in session, or the Board if it is not, shall be furnished with a copy of the certified election tally sheets signed by the Secretary of the Union.

 

Section 12. There shall be a mandatory orientation session for the members of each new Board held in a timely manner following installation of the new Board.

 

Section 13. If a Director resigns, is removed from office, or ceases to work or live in the region from which the Director was elected (or in the employer group from which the Director was elected in the case of Directors representing employer groups), the Board shall appoint the Assistant Director to serve the remaining portion of the Director’s term. If there is a vacant Director position and there is no Assistant Director from that region or employer group, an election shall be held within sixty (60) days to elect a Director to serve the remaining portion of the term. Elections shall not be held to fill vacancies unless both the Director and Assistant Director positions are vacant.

 

ARTICLE XII – EXECUTIVE COMMITTEE

 

Section 1. The Executive Committee consists of the President, who shall chair the committee; the Immediate Past President; the Vice Presidents; the Secretary, the Treasurer; the Executive Director; and three (3) Directors elected by the Board to serve terms not to exceed twelve (12) months.

 

Section 2. The Executive Committee shall be elected at the first meeting of the newly-installed Board and every twelve (12) months thereafter.

 

ARTICLE XIII – STATEWIDE OFFICERS AND IMMEDIATE PAST PRESIDENT

 

Section 1. The Statewide Officers of the Union are: President; a Vice President employed in a public employer work sector listed in Appendix 1; a Vice President who is employed in any other sector listed in Appendix 1, including Client Employed Provider; Secretary; Treasurer; and Executive Director.

 

Section 2. The Statewide Officers are elected by the membership statewide. The President becomes the Immediate Past President upon installation of a successor. There is no alternate or replacement for an Immediate Past President.

 

Section 3. A member can serve as the President for only two (2) consecutive two (2)-year terms or a major portion thereof in any five (5)-year period.

 

Section 4. An eligible member can serve in the positions of either Vice President, the Secretary, the Treasurer or in the position of Director for only two (2) terms per position in any six (6)-year period.

 

Section 5. Statewide Officers shall be active or semi-active members of the Union except that the Executive Director may maintain staff membership status and the Immediate Past President may maintain active, semi-active, staff or retiree membership status.

 

Section 6. In the event a Statewide Officer, other than the Executive Director or President, is removed from office, the Board may appoint a Board member or Assistant Director to serve the remaining portion of the term. In the case of a vacancy in the position of Executive Director, the Board may fill the position as it sees fit.

 

Section 7. The President shall be paid a salary (through the President’s respective employer if possible) during the President’s term of office. That salary shall be the salary the President earns in the bargaining unit position held at the beginning of the term, including any increases due during the term. But no less than the top step of the organizer/senior organizer salary chart in the Public Employee Representative Union contract. The Union shall consider the unique circumstances of each President and authorize negotiations with the Board of Directors for ad hoc compensation, including but not limited to the need for housing or relocation assistance, health insurance, and retirement contributions. The President shall receive no salary or other payments than those provided by the Union or by the President’s bargaining unit employer. The President’s membership rights required for holding office shall be maintained during the President’s term(s).

 

Section 8. The President shall serve on a full-time basis during the term(s) of office as a Fair Labor Standards Act exempt individual.

 

Section 9. The Vice Presidents, the Secretary, and the Treasurer shall be paid as Fair Labor Standards exempt individuals for time loss to perform their Officer duties (through the Statewide Officer’s respective employer if possible) during the Officer’s term of office. That pay shall be based on the salary the Officer earns in the bargaining unit position. But no less than the top step of the organizer/senior organizer salary chart in the Public Employee Representative Union contract. The Union shall also compensate the Vice Presidents, the Secretary and the Treasurer at the rate of $130 per month while in the Vice Presidents’, the Secretary’s and the Treasurer’s respective positions.

 

Section 10. The Union shall hold harmless and make whole any Past President or future President, Vice President, Secretary, or Treasurer, from financial loss, as determined at the time they complete their term of office, in their retirement plan due to lost time for service as a Statewide Officer.

 

ARTICLE XIV – DUTIES OF STATEWIDE OFFICERS AND IMMEDIATE PAST PRESIDENT

 

Section 1. The President shall perform the following functions and duties as well as other functions and duties as appropriately assigned.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 2. The Immediate Past President shall perform the following functions and duties as well as other functions and duties as appropriately assigned:

 

 

 

 

 

 

Section 3. Each Vice President shall perform the following functions and duties as well as other functions and duties as appropriately assigned:

 

 

 

 

 

Section 4. The Secretary shall perform the following functions and duties as well as other functions and duties as appropriately assigned:

 

 

 

 

 

 

 

 

 

 

Section 5. The Treasurer shall perform the following functions and duties as well as other functions and duties as appropriately assigned:

 

 

 

 

 

 

 

 

 

 

Section 6. The Executive Director, or through the Executive Director’s delegate, shall perform the following functions and duties as well as other functions and duties as appropriately assigned:

 

 

 

 

 

 

 

 

 

 

 

Section 7.  Statewide Officer Vacancies.

 

 

ARTICLE XV – ELECTIONS

 

Section 1. Elections shall be conducted for Directors/Assistant Directors, Statewide Officers, Local Representatives, and General Council Delegates and Alternates where applicable.

 

Section 2. The provisions of this Section shall apply to all elections conducted under this Article.

 

 

 

 

 

Section 3. Campaign rules, candidate rights, and limitations applicable in all elections under this Article.

 

 

 

 

 

 

 

 

 

 

Section 4. Challenges to Elections.

 

signed by the challenger(s) and filed within fifteen (15) calendar days after the election results have been published. Challenges may be filed only by persons eligible to vote in the election.

 

 

 

 

 

 

 

 

 

 

 

 

Section 5. Special Rules for Election of Statewide Officers, Directors and Assistant Directors.

 

These rules shall apply to the conduct of Statewide Officer and Board of Directors elections, in addition to the safeguards and procedures specified in Section 3 above.

 

 

 

 

 

 

 

 

 

 

 

 

and Union Secretary, or designee, who shall secure all ballots, envelopes, tally sheets, and other election materials in accordance with this Article.

 

 

 

 

 

 

 

 

Section 6.  Special Rules for Elections in Locals.

 

 

 

 

 

 

 

 

 

 

 

 

Section 7. Election of General Council Delegate Alternates.

 

 

 

 

ARTICLE XVI – UNION STEWARDS

 

Section 1. The Union shall recognize members to act as Union Stewards. The Union Steward’s principal duty shall be to safeguard the Union’s ability to represent employees.

 

Section 2. Each Local’s provisions for self-government shall include a procedure for selection and removal of Union Stewards. The Local shall notify the Union of the members selected to act as Union Stewards and of any changes in those acting as Stewards.

 

Section 3. Any Union Steward who is temporarily working outside of the bargaining unit for their employer for more than thirty (30) consecutive calendar days, shall notify the Local President and be granted a leave of absence from their Union Steward position for the time outside the bargaining unit.

 

Section 4. The duties of Union Stewards shall include but not be limited to the handling of employee grievances through the appropriate contractual procedures, serving as a main communication channel between members and management, Local leadership and staff.

 

Section 5. Stewards will be required to complete at least one training provided by a chief steward, a senior steward, or SEIU staff, specifically for stewards. Locals can develop additional requirements of their stewards as long as those requirements don’t discriminate or create undue burden.

 

ARTICLE XVII – COMMITTEES

 

Section 1. The President shall appoint the chairs and members of Standing Committees of the Union, Standing Committees of the Board, Special Committees, and Special Councils subject to ratification by the Board, except as otherwise specified in these Bylaws. Appointments shall be made only after the Union announces available committee and/or council positions and Locals’ Presidents have been asked to submit names for available positions. Both the President and the Board shall maintain committee and council membership that respect the Union’s diversity of membership.

 

Section 2. Standing Committees of the Board, Special Councils and Special Committees have been and may be created from time to time by the General Council or the Board. The composition and functions of those Committees and Councils are set forth in the Union’s Administrative Policies and Procedures (AP&Ps).

 

Section 3. The Standing Committees of the Union are Rules, Member Representation, Union Finance, Stewards, and Operations. Ad hoc committees may be activated by the Board as needed for specific missions or assignments.

 

Section 4. The functions of the Rules Committee, which shall be chaired by a Statewide Officer other than the statewide President and shall be advised by a staff attorney, are to:

 

 

 

 

 

 

 

Section 5. The Member Representation Committee shall be advised by a staff attorney and shall make recommendations to the Board in the following areas:

 

 

 

 

 

 

Section 6. The Union Finance Committee shall consist of the Treasurer, as chair, the Vice Presidents, the Secretary and members as designated pursuant to Section 1 of this Article.  The Finance Committee shall:

 

 

 

 

 

 

 

 

 

 

 

 

Section 7. Stewards’ Committee shall coordinate steward activities statewide and perform the following:

 

 

 

 

 

 

Section 8. The Operations Committee shall consist of members appointed according to Section 1 of this Article and shall be advised by key union staff from Finance, Operations, and Legal departments. The Operations Committee shall:

 

 

Section 9. Each Committee shall keep minutes of transactions at each meeting, and these minutes shall be included in the Board packets.

 

Section 10. The chairperson or a designated representative from Standing or Special Committees may present motions to the Board.

 

ARTICLE XVIII – DUES

 

Section 1. Union dues shall be as follows:

 

 

 

 

 

 

Section 2.  Allocations from dues for active and staff members shall be as follows.

 

 

 

Section 3. For retiree members, $1.00 (one dollar) shall go to the Union’s General Fund, $2.67 (two dollars and sixty-seven cents) shall go to the Retiree Local account and $0.50 (fifty cents) shall go to reimburse the cost of the retiree life insurance policy. Members may make additional contributions to Citizen Action for Political Education (CAPE).

 

Section 4. Changes in dues.

 

 

 

ARTICLE XIX – GENERAL FINANCIAL MATTERS

 

Section 1.  The fiscal year of the Union is October 1 through September 30.

 

Section 2. The Union’s revenues shall be accounted for in three categories: (1) dues and fair share money, (2) non-dues income, and (3) voluntary contributions. Voluntary contributions shall be spent as provided for by the donor.

 

Section 3. The Board shall establish and maintain a General Fund Account for recording all income to the Union except those funds under custodianship of the Union.

 

Section 4. There shall be a Prudent Reserve of 16.6% (sixteen point six percent) – two months of operating expenses – of each year’s operating budget in a Special Fund. Each year’s calculation of 16.6% shall be based on budgeted expenditures for the same year. If the balance of the Prudent Reserve Fund falls below the required level then action shall be taken by the end of the fiscal year to restore the reserve to the required level through transfer of funds from the operating budget, at a rate to be determined by the Board of Directors but no less than ten cents per dues member and fair share payer per month.

 

Withdrawals from the Prudent Reserve Fund require a 2/3 majority vote of the Board of Directors. The Board shall have the authority to authorize placement of amounts in excess of the Prudent Reserve into the Special Fund.

 

The Special Fund may be augmented from any lawful source, such as gifts or the income therefrom, and interest earned on invested funds.

 

Section 5. All Union money shall be invested by the Union Finance Committee in such a way as to obtain a maximum rate of interest within prudent guidelines adopted by the Board, taking into account the requirements and policies of the Union and benefit to the members.

 

Section 6. The total annual budget of the Union as approved by the General Council, or the Board in odd numbered years, shall not be exceeded, except by authority of the Board or General Council.

 

ARTICLE XX – LOCAL FUNDING AND ACCOUNTING

 

Section 1. The Union shall maintain an individual accounting of local funds for each Local. The Union shall maintain a list of those Local Representatives in each local authorized to disburse local funds. No member, officer, Local Representative, employee, or body of the Union other than the General Council may divert or spend funds allocated to a particular Local’s account without the approval of that specific Local except as described in Section 6 of this Article.

 

Section 2. Local Funding

 

 

 

 

 

 

 

Section 3. Local Budgets. Headquarters shall provide a budget tool to Local Representatives upon request.

 

Section 4. Job-Share Positions. The term “job-share” shall be defined as “one (1) full-time position in employment held by more than one (1) employee”. Each job- share partner shall have full membership and voting rights and benefits in the Union.

 

Section 5. Headquarters shall issue advance payment for mileage when a member is required to spend the member’s money on official Union business when such a requirement would pose a hardship to the member with the approval of appropriate Local Representatives of the involved Local. Subsequent providing of all necessary receipts to Headquarters, however, shall still be required. Requests must be submitted within the time frames set forth in Article VI – Reimbursable Expenses, of the Union’s Administrative Policies and Procedures (AP&P).

 

Section 6.  Beginning January 1, 2021, the Union’s Accounting Department shall:

 

 

 

 

 

 

ARTICLE XXI – INACTIVATION OF LOCALS

 

Section 1. Failure to Fill Local Representative Positions. Any Local that has no Local Representatives may be declared inactive by Board of Directors’ action at the first meeting of the Board following:

 

 

 

Section 2. Failure to File Constitution and Bylaws. Any Local that fails to file an authenticated copy of that Local’s constitution and bylaws shall be notified in writing by the Union Secretary to file such documents within sixty (60) days of the notice. If such documents are not filed with Headquarters in the allotted time, the Board shall declare such Local inactive at the Board’s next regular meeting.

 

Section 3. Violation of Bylaws. Any Local that violates any provision of these Bylaws shall be notified in writing by the President of the Union of the specific violation alleged. The notification shall include a specific directive for the Local to cease such action. If the Local continues such violation(s), the Local shall be declared inactive at the next regular Board meeting. Prior to such declaration, the Local President shall be given twenty (20) days’ written notice by the President to appear at the Board meeting to defend the action of the Local.

 

Section 4. Board action to inactivate a Local under Sections 1 through 3 of this Article shall require a two-thirds (2/3) vote of the Board of Directors.

 

Section 5. Return to Active Status. A Local shall be returned to active status when the Board receives acceptable evidence from the Local that the circumstances causing the inactive status no longer exist. The Board shall notify the Local President and Headquarters of the Local’s active status. The notification shall state the evidence on which the Board based the decision to return the Local to active status.  Any Local returning from inactive to active status, shall have Local funds set up in the central ledger account.

 

ARTICLE XXII – LEGAL COMPLIANCE

 

Section 1. It is the intent of this Union that its governing documents comply with all applicable laws including, but not limited to, the Labor-Management Reporting and Disclosure Act of 1959.  To the extent any specific provision(s) of the governing documents is (are) not in compliance with applicable law, the specific provision(s) shall be null and void.

 

Section 2. The President and Treasurer, acting with appropriate staff, are responsible on an annual basis for the preparation, signing and filing of a Report of Labor Organization (LM-2) as required under the Labor Management Reporting and Disclosure Act (LMRDA) provisions set forth in Appendix 6 of these Bylaws. Such report and the information contained in the report shall be made available to members of the Union as set forth in subsection (c) of the statutory provisions set forth in Appendix 6.

 

Section 3. All Statewide Officers, Local Representatives, Directors, Assistant Directors and certain Union staff shall be required, on an annual basis, to disclose to the Union information detailed in the provisions of the Labor Management Reporting and Disclosure Act (LMRDA) set forth in Appendix 7 of these Bylaws on forms provided to them by the Union. The Union shall submit the information disclosed to the Secretary of Labor to the extent required by the statutory provision. All forms provided to the Union pursuant to this Section shall be made available to members for inspection upon reasonable request.

 

ARTICLE XXIII – POLITICAL ACTION PROGRAM

 

Section 1. The Union’s political action program with respect to candidate endorsements and expenditures shall be administered by Citizen Action for Political Education (CAPE) (as outlined in its bylaws) which shall make recommendations for endorsements to the Board for final action by a 2/3 majority vote of the Board.

 

Section 2. All financial matters of CAPE shall be kept separate from all other Union financial matters, and CAPE funds shall be kept separate from all other Union funds and shall not be commingled at any time.

 

Section 3. A Local may not endorse or give money to any candidate or conduct an independent campaign that is not authorized by the Board.

 

Section 4.  The Union is politically non-partisan.

 

 

 

ARTICLE XXIV – NO DISCRIMINATION

 

The Union, its officeholders, employees, agents, Union Stewards, and other representatives, shall not discriminate, against any person because of disabilities, race, religion, color, national origin, political belief, gender, gender identification, marital status, age, or sexual orientation.

 

ARTICLE XXV – AMENDMENT OF BYLAWS

 

Section 1. These Bylaws and Appendices may be amended, repealed, suspended, or replaced by:

 

 

 

Section 2. In the event of enactment of federal or state legislation imposing obligations on the Union as to elections, membership rights, accounting and disclosure, officer conduct, retention of records, bonding, financial relationships of officeholders and employees, etc., which are not already imposed by the Union’s Bylaws and which are not within the authority of the Board to impose, the federal or state legislation shall control.

 

ARTICLE XXVI – PARLIAMENTARY AUTHORITY

 

The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the Union, the Board, and Officers in all cases to which they are applicable and in which they are consistent with these Bylaws, the Union’s AP&P or any special rules of order the Union may adopt.

 

APPENDIX 1 – BOARD OF DIRECTORS SEATS

(See Article XI Section 1 of Bylaws)

BOARD OF DIRECTORS SEATS

 

Directors and Assistant Directors are elected in the following way by bargaining groups/industry and region:

 

  1. One member employed by a university represented by the Union;
  2. Four members employed by the Department of Administrative Services (DAS), State of Oregon. The four seats will be divided among the bargaining coalitions of DAS:
    • One member employed by an agency in the Human Services Coalition of DAS;
    • One member employed by an agency in the ODOT Coalition of DAS;
    • One member employed by an agency in the Specials Coalition of DAS;
    • One member employed by an agency in the Institutions Coalition of DAS;
  3. One member employed by a local government;
  4. One member employed by a private non-profit agency;
  5. Four members in the Client Employed Provider program or a private home care agency;
  6. One member employed by a nursing home, assisted living facility or other private sector care facility;
  7. One member employed as a child care provider;
  8. One member employed as an adult foster home provider;
  9. Three members who work in Region 1/Central Valley (Marion & Polk Counties);
  10. Two members who work in Region 2/South Valley (Benton, Lane, Lincoln & Linn Counties);
  11. One member who works in Region 3/Southwest Oregon (Coos, Curry, Douglas & Josephine Counties);
  12. One member who works in Region 4/Southern Oregon (Jackson, Klamath, Lake, Harney, Malheur and Payette (ID) Counties;
  13. One member who works in Region 5/Eastern & Central Oregon (Baker, Crook, Deschutes, Gilliam, Grant, Hood River, Jefferson, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco & Wheeler Counties);
  14. Three members who work in Region 6/Multnomah & Clackamas Counties (Multnomah, Clackamas, Columbia, Clark & Cowlitz (WA) Counties;
  15. One member who works in Region 7/Northwest Oregon (Clatsop, Tillamook, Washington & Yamhill Counties); and
  16. The President and Vice President of the Retirees’ Local of SEIU Local 503, OPEU.

 

The other Board seats are the following:

 

  1. The Statewide President of SEIU Local 503, OPEU;
  2. The Statewide Vice Presidents of SEIU Local 503, OPEU;
  3. The Statewide Secretary of SEIU Local 503, OPEU;
  4. The Statewide Treasurer of SEIU Local 503, OPEU;
  5. The Statewide Immediate Past President of SEIU Local 503, OPEU; and
  6. The Executive Director of SEIU Local 503, OPEU.

END OF APPENDIX 1

 

APPENDIX 2 – BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS

(See Article V Section 3 of Bylaws)

 

TITLE I — BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS

Bill of Rights

(29 U.S.C. 411)

 

SEC. 101. (a)(1) EQUAL RIGHTS.– Every member of a labor organization shall have equal rights and privileges within such organization to nominate candidates, to vote in elections or referendums of the labor organization, to attend membership meetings and to participate in the deliberations and voting upon the business of such meetings, subject to reasonable rules and regulations in such organization’s constitution and bylaws.

 

 

 

 

 

 

 

(b) Any provision of the constitution and bylaws of any labor organization which is inconsistent with the provisions of this section shall be of no force or effect.

 

Civil Enforcement

(29 U.S.C. 412)

 

SEC. 102. Any person whose rights secured by the provisions of this title have been infringed by any violation of this title may bring a civil action in a district court of the United States for such relief (including injunctions) as may be appropriate. Any such action against a labor organization shall be brought in the district court of the United States for the district where the alleged violation occurred, or where the principal office of such labor organization is located.

 

Retention of Existing Rights

(29 U.S.C. 413)

 

SEC. 103. Nothing contained in this title shall limit the rights and remedies of any member of a labor organization under any State or Federal law or before any court or other tribunal, or under the constitution and bylaws of any labor organization.

 

Right to Copies of Collective Bargaining Agreements

(29 U.S.C. 414)

 

SEC. 104. It shall be the duty of the secretary or corresponding principal officer of each labor organization, in the case of a Local labor organization, to forward a copy of each collective bargaining agreement made by such labor organization with any employer to any employee who requests such a copy and whose rights as such employee are directly affected by such agreement, and in the case of a labor organization other than a Local labor organization, to forward a copy of any such agreement to each constituent unit which has members directly affected by such agreement; and such officer shall maintain at the principal office of the labor organization of which he is an officer copies of any such agreement made or received by such labor organization, which copies shall be available for inspection by any member or by any employee whose rights are affected by such agreement. The provisions of section 210 shall be applicable in the enforcement of this section.

 

Information as to Act

 

(29 U.S.C. 415)

 

SEC. 105. Every labor organization shall inform its members concerning the provisions of this Act.

 

END OF APPENDIX 2

 

APPENDIX 3 – FIDUCIARY DUTIES

(See Article XX Section 1 of Bylaws) FIDUCIARY DUTIES

SEC. 501. (a) The officers, agents, shop stewards, and other representatives of a labor organization occupy positions of trust in relation to such organization and its members as a group. It is, therefore, the duty of each such person, taking into account the special problems and functions of a labor organization, to hold its money and property solely for the benefit of the organization and its members and to manage, invest, and expend the same in accordance with its constitution and bylaws and any resolutions of the governing bodies adopted thereunder, to refrain from dealing with such organization as an adverse party or in behalf of an adverse party in any matter connected with his duties and from holding or acquiring any pecuniary or personal interest which conflicts with the interests of such organization, and to account to the organization for any profit received by him in whatever capacity in connection with transactions conducted by him or under his direction on behalf of the organization. A general exculpatory provision in the constitution and bylaws of such a labor organization or a general exculpatory resolution of a governing body purporting to relieve any such person of liability for breach of the duties declared by this section shall be void as against public policy.

 

 

 

END OF APPENDIX 3

 

 

 

 

 

 

 

APPENDIX 4 – DISCIPLINARY PROCESS TRIALS AND APPEALS

(See Article VI Section 1 of Bylaws)

DISCIPLINARY PROCESS AND APPEALS

Section 1. Purpose of Appendix 4.

 

The disciplinary process set forth in this Appendix applies to members, Local Representatives, and officers in their capacity as members, and shall be used to determine charges of misconduct brought under Article VI of these Bylaws.

 

Section 2. Filing of Charges of Code of Conduct Violations.

 

Conduct Committee, by a majority determination, may refer complaints involving repeated or egregious violations of the Code of Conduct to the Member Representation Committee (MRC). If the Code of Conduct Committee refers a Complaint to the Member Representation Committee, it shall send any documents, sworn statements, or other evidence that it believes establishes that a repeated or egregious Code of Conduct violation has occurred, along with any reports or findings made by the Committee.

 

 

 

 

 

 

Section 3. Filing of All Other Charges.

 

 

 

 

 

Section 4.  Member Representation Committee (MRC) Determination of Compliance of Charges.

 

 

 

 

 

 

 

Section 5. Service of Charges on Charged Party.

 

 

 

 

Section 6. MRC Determinations.

 

 

 

 

 

Section 7. Appointment of Trial Committee.

 

 

 

 

 

 

 

Section 8. Trial Committee Hearing and Determinations.

 

 

 

 

 

 

 

Section 9. Appeals

 

 

 

 

 

 

Section 10. Exhaustion of Remedies.

 

Subject to the provisions of applicable statutes, every Member, Local Representative, or Officer of the Union against whom charges have been made and disciplinary action taken as a result thereof or who claims to be aggrieved as a result of adverse rulings or decisions rendered, agrees, as a condition of membership and the continuation of membership to exhaust all procedures provided for herein, in the Constitution and Bylaws of the International Union and the Local Union, and further agrees not to file or prosecute any action in any court, tribunal or other agency until those remedies have been exhausted.

 

Section 11.  Determinations Final and Binding.

 

Article VI of these Bylaws shall be enforced exclusively through the procedures provided in this Article and any decision rendered pursuant to the procedures provided for herein, including any appeals, shall be final and binding on all parties and not subject to judicial review.

 

END OF APPENDIX 4

 

APPENDIX 5 – REMOVAL OF OFFICERS AND LOCAL REPRESENTATIVES

(See Article VII Section 3 of Bylaws)

REMOVAL OF OFFICERS AND LOCAL REPRESENTATIVES

Section 1.  The following shall apply to officers and Local Representatives elected after September 2008.

 

 

 

 

 

(180) days immediately following the recall initiation date, but no more than seven (7) days after the expiration of that one hundred eighty (180) days.

 

(4) Upon receipt of such petitions, the chairperson of the Member Representation Committee, together with the members of the Committee, shall determine the validity of membership within fifteen (15) days of their presentation.

 

(5) For the purpose of determining whether the number of valid signatures satisfies the ten percent recall election threshold, the number of members eligible to vote for the office in question shall be the number of members who were eligible to vote for the office in question on the recall initiation date.

 

 

 

Section 2. A person whose membership has been revoked may be reinstated by a three-fourths (3/4) vote of the Board after six (6) months from the date of revocation.

 

END OF APPENDIX 5

 

APPENDIX 6 – LABOR MANAGEMENT REPORTING AND DISCLOSURE ACT REQUIREMENTS FOR LABOR ORGANIZATION REPORTING (LM-2)

(See Article XXII Section 2 of Bylaws)

 

LABOR MANAGEMENT REPORTING AND DISCLOSURE ACT REQUIREMENTS FOR LABOR ORGANIZATION REPORTING (LM-2)

 

(29 U.S.C. 431)

 

SEC. 201. (a) Every labor organization shall adopt a constitution and bylaws and shall file a copy thereof with the Secretary, together with a report, signed by its president and secretary or corresponding principal officers, containing the following information-

 

 

 

 

 

(K) ratification of contract terms, (L) authorization for strikes, and (M) issuance of work permits. Any change in the information required by this subsection shall be reported to the Secretary at the time the reporting labor organization files with the Secretary the annual financial report required by subsection (b).

 

 

 

 

 

 

 

 

 

END OF APPENDIX 6

 

APPENDIX 7 – REPORTING AND DISCLOSURE REQUIREMENTS FOR STATEWIDE OFFICERS, LOCAL OFFICERS, DIRECTORS, ASSISTANT DIRECTORS AND UNION STAFF

REPORTING AND DISCLOSURE REQUIREMENTS FOR STATEWIDE OFFICERS, LOCAL OFFICERS, DIRECTORS, ASSISTANT DIRECTORS AND UNION STAFF

(See Article XXV Section 3 of Bylaws)

From Labor Management Reporting and Disclosure Act (29 U.S.C. 432)

SEC. 202. (a) Every officer of a labor organization and every employee of a labor organization (other than an employee performing exclusively clerical or custodial services) shall file with the Secretary a signed report listing and describing for his preceding fiscal year-

 

 

 

 

 

 

 

 

 

END OF APPENDIX 7

 

APPENDIX 8 – SEIU CODE OF ETHICS AND CONFLICT OF INTEREST POLICY and SEIU LOCAL 503, OPEU CODE OF ETHICS SUPPLEMENTAL

 

Approved by the SEIU International Executive Board, June 13, 2009 Approved by the SEIU International Executive Board as revised, January 21, 2016

 

SEIU CODE OF ETHICS

AND CONFLICT OF INTEREST POLICY

PART A: PREAMBLE

The Service Employees International Union (SEIU) believes in the dignity and worth of all workers. We have dedicated ourselves to improving the lives of workers and their families and to creating a more just and humane society. We are committed to pursuing justice for all, and in particular to bringing economic and social justice to those most exploited in our community. To achieve our mission, we must develop highly trained and motivated leaders at every level of the Union who reflect the membership in all of its diversity.

 

Union members place tremendous trust in their leaders. SEIU elected officers and managers owe not just fiduciary obligations to union members; given the moral purpose of our mission, SEIU leaders owe members the highest level of ethical behavior in the exercise of all leadership decisions and financial dealings on members’ behalf. Members have a right to proper stewardship over union funds and transparency in the expenditure of union dues. Misuse and inappropriate use of resources or leadership authority undermine the confidence members have in the Union and weaken it. Corruption in all forms will not be tolerated in SEIU. This Code of Ethics and Conflict of /merest Policy (the “Code” or “SEIU Code”) strengthens the Union’s ethics rules of conduct, organizational practices and enforcement standards and thus enhances the Union’s ability to accomplish its important mission.

 

We recognize that no code of ethics can prevent some individuals from violating ethical standards of behavior. We also know that the SEIU Code is not sufficient in itself to sustain an ethical culture throughout the Union. To accomplish the goals for which this Code has been created, we must establish systems of accountability for all elected leaders and staff. These systems must include appropriate checks and balances and internal operating procedures that minimize the opportunity for misuse or abuse, as well as the perception of either, in spending union funds and exercising decision-making authority. The systems also must include adequate provision for training on understanding and implementing this Code. More broadly, we emphasize the importance of the range of standards, practices, and values described in “A Strong Ethical Culture,” Section A of the SEIU Policies on Ethics and Standards that were enacted with the Code in 2009.

 

In particular, SEIU is committed to providing meaningful paths for member involvement and participation in our Union. The SEIU Member Bill of Rights and Responsibilities in the Union is a significant source of SEIU members’ rights and obligations. Its exclusive enforcement through the procedures set forth in Article XVII of the SEIU Constitution and Bylaws reflects a commitment to the democratic principles that have always governed SEIU.  Article XVII’s numerous protections against arbitrary or unlawful discipline of members also form an essential ingredient of the democratic life of the Union. Similarly, the requirement that Affiliates provide for regular meetings of the membership, set forth in Article XV, Section 5 of the Constitution, is another important element in the democratic functioning of SEIU. Finally, the provisions against discrimination and harassment on the basis of race, creed, color, religion, sex, gender expression, sexual orientation, national origin, citizenship status, marital status, ancestry, age and disability contained in Article III, Section 4 of the SEIU Constitution and in the Constitutions and Bylaws of Affiliates, the SEIU Anti- discrimination and Anti-harassment Policy and Procedure, and similar policies of Affiliates forbid conduct in violation of SEIU’s historic belief that our strength comes from our unity and diversity and that we must  not be divided by forces of discrimination.

 

Individuals subject to this Code are expected to comply with State and Federal laws, the Constitution and Bylaws of SEIU and Affiliates, and the anti-discrimination and anti-harassment policies of SEIU and Affiliates as part and parcel of our commitment to sustaining an ethical culture and the highest standards of conduct throughout the Union.

 

Violations of these laws and policies are ethical breaches; however, these violations should be addressed through avenues provided by the applicable laws and policies and not through the Code unless they also allege violations of this Code. In particular, the sole enforcement mechanism for matters covered by the SEIU or Affiliate Constitutions and Bylaws is that which is set forth in those documents, unless violations of this Code are also alleged. Finally, grievances that arise under collective bargaining agreements are excluded from enforcement under this Code unless they also allege violations of this Code.

 

The scope and standards of this Code are set forth in the following Sections.

 

SECTION 1. Applicability to International Union. The SEIU Code is henceforth applicable in its entirety to all officers, executive board members and employees of SEIU. These individuals are referred to herein as “covered individuals.” SEIU shall append or attach the Code in its entirety to its Constitution and Bylaws in its next and all future publications.

 

SECTION 2. Applicability to SEIU Affiliates. By enactment of the SEIU International Executive Board, the SEIU Code is applicable in its entirety to all officers, executive board members and employees of all affiliated bodies and local

 

unions chartered by SEIU (“Affiliates” herein). These individuals are referred to herein as “covered individuals.”

 

 

 

 

 

 

PART B: GENERAL OBLIGATIONS

 

SECTION 3.  Obligations of Covered Individuals.

 

 

 

 

PART C: BUSINESS AND FINANCIAL ACTIVITIES

 

SECTION 4. General Duty to Protect Members’ Funds; Members’ Right to Examine Records.

 

 

 

 

SECTION 5. Prohibited Financial Interests and Transactions. Covered individuals shall not, to the best of their knowledge, have a substantial ownership or financial interest that conflicts with their fiduciary duty.

 

 

 

 

 

 

 

 

 

SECTION 6. Payments and Gifts from Employers, Vendors and Members.

 

 

 

 

 

 

 

SECTION 7. Conversion of Union Funds and Property. Covered individuals shall not use, convert or divert any funds or other property belonging to SEIU to such individual’s personal benefit or advantage.

 

SECTION 8. Applicability to Third Parties. The principles of this Code apply to those investments and activities of third parties that amount to a subterfuge to conceal the financial interests of SEIU officers or employees or to circumvent the standards of this Code.

 

SECTION 9. Certain Loans Prohibited. SEIU shall not make loans to any officer or employee. or to any of their family members, that at any time exceed $2.000 in total indebtedness on the part of such officer, employee or family member.

 

PART D: BENEFIT FUNDS AND RELATED ORGANIZATIONS

 

SECTION 10.  Obligations of Covered Individuals.

 

 

 

  1. A “benefit fund or plan” means a retirement, health or welfare benefit fund or plan sponsored by SEIU or an Affiliate, or in which SEIU or an Affiliate

 

  1. The definition of “substantial ownership or financial interest” provided in Section 5

 

 

  1. Have any substantial financial interest in, or any compromising personal ties to, any investment manager, insurance carrier, broker, consultant or other firm or individual doing business or seeking to do business with the fund or plan;

 

  1. Accept any personal payment from any business or professional firm  that does business or seeks to do business with the fund or plan, other than contractual payment for work performed; or

 

  1. Receive compensation of any kind for service as an employee representative or labor-designated trustee for a fund or plan, except for reimbursement of reasonable expenses properly and actually incurred and provided uniformly to such representatives or trustees, with the proviso that it is not a violation of this provision for an officer or managerial employee who is not a full-time employee of SEIU or an Affiliate to be a lawfully paid employee of a fund or plan if such employment is consistent with applicable legal restrictions and fully disclosed through  appropriate reports.

 

 

 

 

 

 

 

 

PART E: FAMILY AND PERSONAL RELATIONSHIPS

 

SECTION 11. Purpose of Rules Governing Family and Personal Relationships. SEIU does not prohibit the employment of qualified relatives of current officers or employees, or of individuals with whom an officer or employee has a romantic or intimate personal relationship. SEIU also does not prohibit the retention of qualified vendors that employ relatives of current SEIU officers or employees or individuals with whom an officer or employee has a personal relationship.

 

However, SEIU recognizes that the existence of such relationships can lead to problems, including favoritism or the appearance of favoritism toward relatives or those who are involved in a personal relationship. Giving these individuals special treatment- or creating the impression that they receive special treatment -is inconsistent with our principles of stewardship and accountability and with our duty to responsibly conduct the business of SEIU. The provisions of this PART are designed to ensure that family or personal relationships do not influence professional interactions between the employees involved and other officers, employees and third parties.

 

SECTION 12. Definitions.  For purposes of this PART:

 

 

 

SECTION 13.  Prohibited Conduct. The following general principles will apply:

 

 

 

 

limited to, decisions about hiring, wages, hours, benefits, assignments, evaluations, training, discipline, promotions, and transfers.

 

 

PART F: ENFORCEMENT

 

SECTION 14. Ethics Officer. The office of the Ethics Officer is established to provide independent assistance to SEIU in the implementation and enforcement of the Code. The Ethics Officer shall be an individual of unimpeachable integrity and reputation, preferably with experience in ethics, law enforcement and the workings of the labor movement. The Ethics Officer shall provide his or her services under contract and shall not be an employee of the International Union or any of its Affiliates. The Ethics Officer shall be appointed by the International President and confirmed by the International Executive Board. The International President, the International Secretary-Treasurer, and the SEIU International Executive Board may refer matters concerning the Code to the Ethics Officer for review and/or advice, consistent with Sections 22 and 23.

 

SECTION 15. Ethics Ombudsperson. The office of SEIU Ethics Ombudsperson is established to oversee implementation and enforcement of the Code and ongoing efforts to strengthen the ethical culture throughout the Union. The Ethics Ombudsperson is responsible for providing assistance to the International Union and Affiliates on questions and concerns relating to the Code and ethical culture; directing the training of SEIU and Affiliate officers and staff concerning the Code and ethical culture; responding to ethics concerns and complaints consistent with Sections 17-23; receiving and resolving disclosures of conflicts of interest; assisting the Ethics Officer; and providing other support as necessary to the overall SEIU ethics program. The Ethics Ombudsperson, in consultation with the Ethics Officer, shall issue a report to the SEIU International Executive Board annually, summarizing compliance, training, enforcement, culture building and related activities, and making recommendations for modifications to the ethics program that he or she believes would enhance the program’s effectiveness. The Ethics Ombudsperson may also conduct periodic reviews for the purposes of monitoring compliance with this Code and determining whether partnerships, joint ventures, and arrangements with management organizations conform to this Code, are properly recorded, reflect reasonable investment or payment for goods and services, further SEIU’s tax-exempt purposes, and do not result in inurement, impermissible private benefit, or excess benefit transactions. The Ethics Ombudsperson shall be employed in the SEIU Legal Department.

 

SECTION 16. Affiliate Ethics Liaison. Each Affiliate shall appoint an Ethics Liaison who will be available for ethics advice or guidance, will serve as an Affiliate’s key contact with the International’s Ethics Ombudsperson, will assist in enforcement of the Code, will oversee the delivery of ethics-related training, will assist the Affiliate in strengthening its ethical culture, and will serve as an ethical leader in the Affiliate.

 

 

 

 

SECTION 17.  Complaints.

 

Contain the name of the complainant(s), and shall be kept confidential pursuant to Section 24. Complaints alleging violation of the Code shall not be enforced under SEIU or Affiliate constitutions and bylaws unless they also allege violations of the constitutions and bylaws.

 

 

 

SECTION 18. Complaints Handled by the International Union. Complaints alleging violation of the Code that are submitted to the International Union or the Ethics Officer shall be referred initially to the SEIU Ethics Ombudsperson. The Ethics Ombudsperson shall review ethics complaints submitted to the International Union and shall respond to them in his or her discretion, including but not limited to providing advice or guidance, resolving them informally, directing them to resources outside the ethics office, and referring them to the Ethics Officer or Affiliate for further processing. The individual submitting the complaint shall be notified of the status of the complaint as appropriate in the discretion of the Ethics Ombudsperson but in all events upon its conclusion.

SECTION 19. Complaints Handled by Affiliate; Notice to Ethics Ombudsperson. Ethics complaints that are raised with or referred to an Affiliate shall be investigated by the affected Affiliate and, where appropriate, may form the basis of employee discipline or formal internal union charges to be processed before a trial body in accordance with the requirements set forth in the Affiliate’s constitution and bylaws and/or the SEIU Constitution and Bylaws. The Ethics Ombudsperson may advise an Affiliate concerning matters related to the investigation and processing of complaints and charges alleging violation of the Code. Where a complaint involves an Affiliate’s president, chief executive officer, chief of staff, secretary-treasurer, chief financial officer, or the equivalent, the Affiliate shall notify the Ethics Ombudsperson as soon as practicable.

The Ethics Ombudsperson may consult with the Ethics Officer concerning any question referred by an Affiliate.

 

 

SECTION 20. Failure to Cooperate; Bad Faith Complaints. Unreasonable failure by a covered individual to fully cooperate with a proceeding or investigation involving an ethics complaint or alleged violation of this Code shall constitute an independent violation of this Code. SEIU reserves the right, subject to notice, investigation and due process. to discipline persons who make bad faith, knowingly false, harassing or malicious complaints, reports or inquiries.

 

SECTION 21. Original Jurisdiction.

 

 

 

SECTION 22. Referral of Formal Charges to Ethics Officer. If formal internal union charges filed with the International Union under Article XVII, Section 3 of the SEIU Constitution and Bylaws also allege violation of the Code by an officer or executive board member of the International Union or an Affiliate, such charges may be referred to the Ethics Officer for review and recommendations.

 

SECTION 23. Review of Claims by Ethics Officer.

 

 

 

 

 

 

 

XVII, Section 3 of the SEIU Constitution and Bylaws;

 

 

 

 

 

PART G: PROTECTION OF WHISTLEBLOWERS

 

SECTION 24. Confidentiality. SEIU will make all reasonable efforts to keep confidential the identity of any person(s) raising an ethics concern, inquiry, report or complaint under the Code unless disclosure is authorized by the complainant or is required for SEIU to carry out its fiduciary or legal duties. SEIU will also treat communications concerning ethics complaints or concerns with as much confidentiality and discretion as possible, provided that it remains able to conduct a complete and fair investigation, carry out its fiduciary and legal duties, and review its operations as necessary.

 

SECTION 25. No Retaliation. SEIU encourages all officers and employees to bring ethics concerns and complaints that the Code has been violated to the attention of the Union, as set forth more fully in PART F above.

 

 

 

 

 

above.

 

 

 

SEIU Local 503, OPEU

Code of Ethics Supplemental

 

Regarding the SEIU International Code of Ethics and Conflict of Interest Policy, Part C, Section 9 Certain Loans Prohibited, SEIU Local 503 prohibits any loan, directly or indirectly, of money or property of the Union. (29 USC § 501)

 

END OF APPENDIX 8

 

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