By-Laws

CONSTITUTION AND BY-LAWS OF THE
PROFESSIONAL EMPLOYEES ASSOCIATION,INC.

Amended effective July 1, 2008

PREAMBLE

The Professional Employees Association, Inc. exists to protect the public welfare by promoting the highest standard of professional practice among its membership and the highest quality of public services through an effective employee/employer relationship. The association represents and bargains for all of its members by negotiating terms and conditions of employment and administering grievance procedures in accordance with the collective bargaining agreement and the Minnesota Public Employment Labor Relations Act as amended over time.

ARTICLE I
Calendar

The administrative year of the Corporation shall be from January 1 to December 31. The fiscal year of the Corporation shall be from January 1 to December 31.

ARTICLE II
Membership

1. Any person, without regard to race, color, creed, national origin, sex, sexual preference, disability or political belief, who meets any of the requirements defined hereafter, shall be eligible for membership in the Corporation.

2. Regular membership shall include any employee for whom this Corporation is designated as exclusive bargaining agent and who has voluntarily joined the Corporation and pays dues as established by the membership.

3. Fair Share members shall include any employee for whom this Corporation is designated as exclusive bargaining agent, and who has elected to not join the Corporation, but has Fair Share dues deducted from his/her salary. Fair Share members are prohibited from voting, holding office or steward positions or introducing new business items during scheduled meetings.

4. Unless otherwise specified in the by-laws, only regular members in good standing may vote on any business before the Corporation.

5. Membership in the Corporation may be terminated by separation of employment with the employer, change of position or title to one not represented by the Corporation, or upon resignation from membership in the Corporation. Resignation from membership in the Corporation must be presented to the Executive Committee in writing. The resignation shall become effective thirty (30) days after receipt by the Executive Committee, at which time the member shall become a Fair Share member.

6. Dues and fees:

a. Regular membership dues shall be $20.00 per month.

b. Regular membership dues for part-time employees (twenty (20) hours or less per week) shall be $10.00 per month.

c. Fair Share assessment for full-time employees shall be $17.00 per month. Fair Share assessment for part-time employees (twenty (20) hours or less per week) shall be $8.50 per month.

d. Payroll deductions shall be the preferred method of payment for dues.

e. Special assessments will be made only if necessary and only by vote of a majority of the regular members in attendance at any meeting of the membership, provided notice of the need for assessment appeared in the agenda.

f. The funds (combined checking, savings and money market accounts) of the Corporation shall not rise and remain above one hundred and fifty thousand dollars ($150,000) for a period more than twelve(12) consecutive months. The funds of the Corporation during such a twelve (12) month period shall not be allowed to rise above two hundred thousand dollars ($200,000). If the funds total more than one hundred and fifty thousand dollars ($150,000) at the end of twelve (12) months or reach two hundred thousand dollars ($200,000) at any time, a by-law amendment to lower dues shall be submitted to the General Membership.

ARTICLE III
Officers and Committees

1. The officers of this Corporation shall be a President, a Vice President, a Secretary and a Treasurer.

2. Standing Committees shall be a Personnel Committee, a City Negotiations Committee and an ISD Negotiations Committee.

3. The Executive Committee shall consist of the officers and chairpersons of the standing committees.

4. Special Committees shall be appointed by the President, as necessary.

5. The Executive Committee shall be the governing body of this Corporation and shall be the custodians of all properties of the Corporation. All actions of the Executive Committee shall be reported to the membership on a periodic basis at a general membership meeting.

6. All administrative affairs shall be conducted by a majority vote of the attending members of the Executive Committee, providing a quorum is present.

7. Executive Committee members shall be granted remuneration as specified in the by-laws.

ARTICLE IV
Terms of Office and Elections

1. Officers and Chairpersons shall stand for election for one-year terms.

2. A Nominating Committee shall be appointed by the President ninety (90) days prior to the end of the current term. The Committee shall submit at least one name for each office and chair to the membership at the election meeting.

3. Additional nominations may be made from the floor on the date of the election.

4. Election shall be by secret ballot, except in the case of unanimous consent.

5. Should the office of the President become vacant, the vacancy shall be filled by the Vice President.

6. Should a vacancy occur at any time in any office or chair, other than President, it may be filled by a majority vote of the existing Executive Committee until such time as the Executive Committee vote can be ratified for the remainder of the unexpired term by nomination and election at the next general membership meeting. Should the Executive Committee choose not to fill the vacancy it may be filled by nomination and election at the next general membership meeting.

7. Executive Committee Members shall be regular members of the Corporation for the duration of their term.

ARTICLE V
Duties of Executive Committee Members

1. The President shall be the chief executive and shall preside at all membership and Executive Committee meetings of the Corporation. The President shall conduct all business of this Corporation pursuant to the Constitution and By-laws of this Corporation. The President shall appoint all special committees of this organization. The President shall schedule a general membership meeting in December to elect officers and chairpersons. The President shall have one vote on the Executive Committee.

2. The Vice President shall assist the President in the performance of his/her duties. The Vice President shall succeed the President upon the President’s inability to perform the functions of the office. The Vice President shall monitor city, state and federal legislation proposals which may have an impact upon the membership. The Vice President shall report to the Executive Committee monthly and to the membership at regular and special meetings on legislative concerns of the Corporation. The Vice President shall have one vote on the Executive Committee.

3. The Secretary shall keep minutes of all proceedings at all membership and Executive Committee meetings of this Corporation. The Secretary shall prepare for distribution notices for general membership meetings which will include the agenda, any proposed by-law amendments and the minutes from the previous General Membership Meeting. The Secretary will maintain and update the by-laws. The Secretary shall have one vote on the Executive Committee.

4. The Treasurer shall hold all funds and property of the Corporation. The Treasurer shall be accountable to the Executive Committee and the membership for the use and expenditure of all property and funds of the Corporation. Annually the Treasurer shall prepare financial statements and report to the general membership. The Treasurer shall have one vote on the Executive Committee.

5. The Personnel Committee Chairperson acts as the liaison between the Executive Committee and the stewards. The Chairperson shall keep a roster of all members in good standing. The Chairperson is responsible for the dissemination of information to the stewards and for coordinating the election of stewards. The Personnel Chair shall have one vote on the Executive Committee.

6. The City Negotiations Committee Chairperson selects a negotiations committee which identifies goals, objectives, and demands for negotiations with the City. The Chairperson seeks ideas and data from PEA members employed by the City supplementing the product of the committee. The Chairperson reports majority and minority positions to the Executive Committee. The Chairperson maintains communications between committee members and the Executive Committee, throughout the negotiation process. The Negotiations Chair shall have one vote on the Executive Committee.

7. The ISD Committee Chairperson selects a negotiations committee which identifies goals, objectives, and demands for negotiations with the School District. The Chairperson seeks ideas and data from PEA members employed by the School District, supplementing the product of the committee. The Chairperson reports majority and minority positions to the Executive Committee. The Chairperson maintains communications between committee members and the Executive Committee, throughout the negotiation process. The Chairperson has one vote on the Executive Committee.

ARTICLE VI
Removal of Executive Committee Members

The following procedures shall be used to remove an Executive Committee member from a position in the Corporation.

1. Formal written charges for removal of an Executive Committee member shall be made by a majority vote of the Executive Committee or by a petition signed by not less than twenty percent of those regular members in good standing in the Corporation.

2. A copy of the written charges shall be presented to the Executive Committee member being charged.

3. The Executive Committee member being charged shall have fourteen (14) calendar days from receipt of the written charges to prepare a written rebuttal to all charges made. This time limit may be extended by a majority vote of the Executive Committee if, in their opinion, extenuating circumstances exist.

4. After the limit of time allowed for preparing a rebuttal has elapsed, a special general membership meeting shall be called to read and discuss the charges and the rebuttal to the charges, if one is available.

5. After discussion, a two-thirds majority vote by secret ballot by those regular members in good standing in attendance at the special general membership meeting shall be necessary to remove the Executive Committee member from the position in the Corporation.

ARTICLE VII
Stewards

1. Duties:
The stewards' primary duties shall include: dissemination of information, handling of grievances, representing their groups at general membership and stewards’ meetings and other related duties and training as assigned by the Executive Committee.

2. Allocation of Stewards:
There shall be one steward position for up to every thirty (30) members, or fraction thereof.

3. Groups for Stewards:
Regular and Fair Share members will be assigned to a steward by the personnel chair. The personnel chair will attempt to assign each member to a steward who works in their department or in a nearby office.

4. Term of Office:

a. Stewards shall be nominated by the Executive Committee or a member of the group they represent. They shall be elected by a simple majority of the members of the group(s) they represent and shall serve as long as is mutually acceptable.

b. If a steward fails to perform the duties listed in this article, the Executive Committee or a member of the group which the steward represents may recommend the replacement of the steward. The replacement shall be confirmed by a simple majority of those paid regular members who vote from the group that the steward has been assigned to represent.

5. Stewards shall be granted remuneration as specified in the by-laws.

ARTICLE VIII
Remuneration

1. The President shall receive gross payment of four hundred and twenty five dollars ($425.00) per month.

2. The Vice President shall receive gross payment of two hundred dollars ($200.00) per month.

3. The Secretary shall receive gross payment of two hundred dollars ($200.00) per month.

4. The Treasurer shall receive gross payment of three hundred dollars ($300.00) per month.

5. The Chairperson of the City Negotiations Committee shall receive gross payment of two hundred dollars ($200.00) per month.

6. The Chairperson of the School District Negotiations Committee shall receive gross payment of two hundred dollars ($200.00) per month.

7. The Chairperson of the Personnel Committee shall receive gross payment of two hundred dollars ($200.00) per month.

8. The Newsletter Editor shall receive one hundred dollars ($100.00) per issue.

9. The Website Editor shall receive one hundred dollars ($100.00) each quarter.

10. The Auditor of the financial records of the Professional Employees Association shall receive one hundred dollars ($100.00) for an annual audit.

11. The Executive Committee shall be reimbursed for regular membership dues.

12. The Stewards shall be reimbursed for regular membership dues.

13. The Parliamentarian shall receive fifteen dollars ($15.00) per general membership meeting.

14. Any member may be reimbursed for expenses incurred on Corporation business, provided documentation of said expense is presented to and approved by the Executive Committee. Paragraph No. 15 below shall not apply to these expense reimbursements.

15. Remuneration and/or reimbursement to Executive Committee members and Stewards under this section shall only be by hand delivery of checks at duly called meetings. Remuneration in this section shall be null and void if payment is not received within six months.

ARTICLE IX
Meetings

1. Meetings of the membership shall be the election of officers to be held during the month of December, and at least, but not limited to, one other meeting per calendar year, or at the call of a majority of the Executive Committee. Written notice shall be given at least fifteen (15) days, but not more than thirty (30) days, prior to the meeting and shall include a descriptive agenda. In case of an emergency so determined by the President, summary notice of an emergency meeting may be given reciting the emergency, with notification being made to the members by the most expeditious means available to the President.

2. Business shall be transacted at general membership meetings by a simple majority vote of those regular members in good standing present at the meeting. Only regular members may introduce business and nominate candidates for office.

3. All collective bargaining agreements must be ratified by a majority vote of regular members in good standing present at a meeting after proper written notice as required in Article IX, section 1. Ratification requires the majority vote of only those members employed under the terms and conditions of the collective bargaining agreement under consideration. Memorandums of understanding with an employer are not subject to the ratification process except by majority vote of the Executive Committee.

4. The President may appoint a Parliamentarian to assist the President in matters relating to rules and procedures. The parliamentarian shall serve at the pleasure of the President and shall be granted remuneration as specified in the by-laws.

5. Meetings of the Executive Committee shall be every month or at the call of the President, or at the call of the majority of the Executive Committee.

6. Meetings of the Committees shall be at the call of the Committee Chairperson.

7. The Executive Committee shall have the authority to establish the time, date, and location of any meeting of the Corporation. The following criteria shall be considered in the order listed when choosing a meeting location: The location shall be handicap accessible, a private meeting place should be available, the establishment should be staffed with union employees, it should be within the city limits of St. Paul, and the meeting location and expenses should not be cost prohibitive.

ARTICLE X
Quorum

1. The regular members in good standing present shall constitute a quorum authorized to transact business duly presented at any meeting of the Corporation, provided proper call of the meeting has been made.

2. Four members shall constitute a quorum for the Executive Committee.

3. A majority of any committee shall constitute a quorum of that committee.

ARTICLE XI
Rules of Order

The rules contained in Robert’s Rules of Order shall govern the Corporation in all cases to which they are applicable and in which they are not inconsistent with the Constitution and By-laws of the Corporation.

ARTICLE XII
Amendments to Constitution and By-laws

By-laws may be adopted or amended by a majority of the votes cast by regular members at any meeting of the general membership, providing publication of the proposed by-law or amendment has been given in the call for the meeting.

1. If the proposed by-law or amendment is amended when submitted, other than semantic changes, the revised by-law or amendment shall be resubmitted to the membership at the next meeting, provided a fifteen (15) day notice has been given.

2. Proposals to amend the by-laws may be made by resolution of the Executive Committee or by petition signed by not less than five (5) regular members.

ARTICLE XIII
Donations Approval Requirements

No individual member of the General Membership or of the Executive Committee shall be authorized to commit the Professional Employees Association to any donation or donation request until the following applicable procedure is satisfied.

1. Any and all donation requests seeking money or a cash value of two hundred dollars ($200.00) or less shall only be approved when a quorum of the Executive Committee has voted and given majority approval for a requested donation. Requests of this size and value need not be approved by the general membership.

2. Any and all donation requests seeking money or a cash value in excess of two hundred dollars ($200.00) and less than five hundred dollars ($500.00) shall not be approved without majority approval of a vote of the general membership. Prior notice on the general membership notice or agenda need not be submitted prior to the vote at the general membership meeting.

3. Any and all donation requests seeking money or a cash value in excess of five hundred dollars ($500.00) shall not be approved unless authorized by a majority vote of the general membership after proper notification on the general membership notice or proposed agenda preceding the membership meeting in accordance with these bylaws.