CONSTITUTION 

AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS
NORTHERN MICHIGAN UNIVERSITY CHAPTER 


AMENDED 
MARCH 2006

TABLE OF CONTENTS  
ARTICLE  
I.      Name    
II.     Purpose  
III.    Membership, Dues, and Fiscal Year 
IV.     Executive Officers of the Chapter 
V.      Duties of the Executive Committee 
VI.     Election Procedures for the Executive Committee 
VII.    Meetings, Agenda, Quorum, and Parliamentary Procedure 
VIII.   Contract Negotiations: Contract Proposal Development Team 
        Negotiating Team, Bargaining Council, and Contract Ratification  
IX.     Chapter-Wide Referendum 
X.      Amendments    
XI.     Ratification

ARTICLE I. Name

The name of the organization shall be the Northern Michigan University Chapter of the American Association of University Professors (NMU-AAUP), hereafter referred to as "the Chapter."

ARTICLE II. Purpose

The Chapter supports the purposes of the National AAUP to promote the values of instruction, higher education, and research; to advance the standards, ideals, and welfare of the academic profession; and to serve as the collective bargaining agent for the faculty of the University.

ARTICLE III. Membership, Dues, and Fiscal Year

A. Membership

  1. Active Memberships. An Active Member is a member of the collective bargaining unit under the definition of the unit by the Michigan Employment Relations Commission (MERC) or the contract currently in force between NMU-AAUP and Northern Michigan University who has paid the current collective bargaining dues (including national, state, and local Association dues). However, Active Membership may be attained by members of the Chapter who are conscientious objectors to collective bargaining dues provided that an affidavit to that effect is submitted to the Chapter Secretary and provided that said members contribute an amount equal to the collective bargaining dues to the Chapter Treasurer who will deposit this sum to the NMU Scholarship Fund in the name of the NMU-AAUP. Members who elect this option may not vote in the elections of the Chapter or on collective bargaining issues, nor may they serve on Union committees.
  2. Associate Membership. An Associate Member of NMU-AAUP is a person defined by one of the categories below. An Associate Member may not vote in elections of the Chapter, hold elective office in the Chapter, nor vote on collective bargaining issues. An Associate Member may be a person in any of the following groups:

    a. An Emeritus Member, i.e., a person no longer eligible for Active Membership by virtue of retirement.
    b. A Graduate Student Member, i.e., a graduate student currently working toward an advanced degree who is not eligible to become an Active Member.

B. Dues:

  1. NMU-AAUP may establish annual dues, and may exclude from the Chapter a member who has failed, after suitable notice, to pay the established dues.
  2. Each Active Member of NMU-AAUP shall pay not more than three-quarters (3/4) of one (1) percent of his base academic annual salary, these dues to include national, state, local, and collective bargaining dues. Associate Members shall pay the appropriate national and state dues and one (1) dollar in local dues. Each year's dues rate will be determined by the Executive Committee after consultation with the faculty and will take effect on July 1. Dues shall be payable either in one annual sum due on July 1 of each year or by any other payment schedule approved by the Executive Committee. The Executive Committee may present alterations in the dues structure. A majority of those Active Members voting by secret, mail vote shall be required to ratify changes in the dues structure. Special assessments may be proposed to the membership by means of a Chapter-wide referendum as specified in Article IX of the Constitution.
  3. No person shall be deemed a member in good standing who is delinquent in the payment of dues for more than thirty (30) days provided, however, that no dues shall be assessed during the time that the person is not drawing any salary from or through the University or is not eligible for membership. A member who is in arrears for more than thirty (30) days shall be sent a written notice of his delinquency to his last-recorded University address. If the arrearage in dues is not paid within thirty (30) days after the sending of such notice, that person shall thereupon be deemed suspended from membership in the Chapter. Any person suspended for nonpayment of dues shall be automatically reinstated upon the payment of all the arrears in dues from the date of delinquency to the date of the person's suspension or resignation, except that the delinquent member may be reinstated without penalty after a lapse of twelve (12) calendar months beginning from the suspension or resignation.

C. Fiscal Year. The Fiscal Year shall extend from July 1 through June 30.

D. In the event of dissolution of the Association all assets of the Association shall be placed in trust with a nationally-chartered bank authorized to do business in the State of Michigan. The trustee shall be authorized and empowered to collect all obligations outstanding and due to the Association. The trustee shall also be obligated and empowered to expend trust resources as necessary to meet all outstanding obligations of the Association. After all obligations of the Association have been liquidated, the trustee shall hold all residual resources, plus earnings, until such time as further claims against the Association are unenforceable under applicable statutes of limitation. Within ninety (90) days after the expiration of legal liability and responsibility for claims on the part of the trust, the trustee shall turn over all assets of the trust to Northern Michigan University for the purpose of establishing a perpetual scholarship fund in accordance with policies and conditions developed by the Academic Senate of Northern Michigan University.

ARTICLE IV. Executive Officers of the Chapter

A. The Executive Committee shall consist of the Chapter President, Vice-President, Recording Secretary, Treasurer, Grievance Officer, Information Officer, Senate Liaison, chairs of major AAUP committees recognized by the Executive Committee, and representatives from each college/division:
    1) College of Arts and Science, Representative One
    2) College of Arts and Science, Representative Two
    3) College of Arts and Science, Representative Three
    4) College of Professional Studies, Representative One
    5) College of Professional Studies, Representative Two
    6) College of Business/Division of Academic Information Services/and remaining unrepresented constituents, Representative One.

In addition, the Immediate past President, if not reelected, is designated a member of the Executive Committee for a term of one year.

I. The Senate Liaison will be appointed by the AAUP Executive Committee from among its membership and will serve on the Academic Senate Executive Committee and as an ex-officio member of the Academic Senate.

B. The President shall have the duties usually associated with the office. The President shall preside over all meetings of the Chapter and of the Executive Committee. The President shall be the official representative of the Chapter. The President or designate, shall also be the Chair of the Bargaining Council. The President shall be elected in even-numbered years for a two-year term and may be reelected.

C. The Vice-President, in the absence of the President, shall assume the duties of the President and shall perform other duties as directed by the Chapter. The Vice President shall be elected in odd-numbered years for a two-year term and may be reelected.

D. The Recording Secretary shall keep the minutes of the Chapter and distribute the written agenda to the membership at least two days prior to each regular meeting. The Recording Secretary shall be elected in odd-numbered years for a two-year term and may be reelected.

E. The Treasurer shall be responsible for the collection of all Chapter monies, and for the discharge of all financial obligations of the Chapter. The Treasurer shall present an annual financial report, and in consultation with the President, prepare an annual budget for the consideration of the Executive Committee. The Executive Committee may request, at its discretion, periodic financial statements from the Treasurer. The Treasurer shall annually present the books of the Chapter for review. At least once every three years, this shall be an external review or formal audit performed by a Certified Public Accountant who is not a member of the collective bargaining unit, for the cumulative period since the last external review or formal audit. In other years, this shall be an informal review performed by two collective bargaining unit members appointed by the Executive Committee. The Treasurer shall be elected in even-numbered years for a two-year term and may be reelected.

F. The Grievance Officer shall be responsible for overseeing the overall operation of the grievance procedure and advising the Executive Committee on matters pertaining to the grievance process. The Grievance Officer shall review proposals for departmental bylaw revisions to determine whether or not the Bylaws contravene the Agreement. The Grievance Officer shall be appointed by the Executive Committee for a two-year term and may be reappointed.

G. The Information Officer shall be responsible for conveying to the membership information from the Executive Committee. The Information Officer shall periodically survey the membership for their ideas and opinions relevant to interests and activities of the Association. The Information Officer shall prepare communications that represent the Chapter to the campus community and external constituents. The Information Officer shall be appointed by the President with confirmation by the Executive Committee and serves at the discretion of the Executive Committee.
H. The Constituent (College) Representatives of the Executive Committee shall participate in meetings of the Executive Committee and take on particular responsibilities at its direction. The Constituent Representatives shall be elected for two-year terms. Representatives numbered one, three and five shall be elected in odd numbered years and representatives two, four and six in even numbered years. Representatives may be reelected.

ARTICLE V. Duties of the Executive Committee

A. The Executive Committee shall be responsible for the execution of the letter and spirit of the provisions of the Agreement and Constitution currently in force, including the authority to make minor exceptions.

B. The Executive Committee shall establish committees for the Chapter and shall convene special meetings of the Chapter at its discretion.

C. The Executive Committee may present alterations in the schedule of dues and regulations governing their payment, subject to ratification by the Active Membership.

D. The Executive Committee shall authorize all expenditures and shall also act as the body which approves the employment of persons to serve the Chapter, including that person authorized to review or audit the books of the Chapter. Any person authorized by the Executive Committee to sign checks shall be bonded.

E. The Executive Committee shall decide for the Chapter which grievances will be filed and which will be taken to arbitration at the cost of the Association.

F. The Chief Negotiator, Contract Proposal Development Team slate, and Negotiating Team slate shall be nominated by the Executive Committee and approved by the Bargaining Council.  The Chief Negotiator shall work in conjunction with the Executive Committee to identify the remaining members of the Negotiating Team. The Executive Committee may nominate additional members of, or replacements to, the teams when it deems such actions necessary or desirable.

 The Executive Committee shall also:
    1) make appointments to standing and ad hoc committees;
    2) establish ad hoc committees as necessary;
    3) appoint a conference delegate who shall be the official representative of the Chapter to the Michigan Conference
    of the AAUP, and who shall represent the Chapter to the Conference and shall report conference activities to the Chapter;
    4) nominate a Chapter delegate(s) to be elected by the Active Membership of the Chapter who shall be the official
    representative(s) of the Chapter to National AAUP meetings and shall report conference activities to the Chapter.

G. All members of the Executive Committee shall serve as members of the Bargaining Council.

ARTICLE VI. Election Procedures for the Executive Committee

A. Election of Chapter officers shall take place in the winter term, and new officers shall take office on July 1 of the following fiscal year. Officers-elect shall become members, without vote, of the Executive Committee, from their election until they formally assume office.

B. Election Procedures: At least two (2) weeks prior to the March Chapter meeting the Executive Committee shall appoint an Elections Committee of not less than three members, not members of the Executive Committee, whose function shall be to insure that there are nominees for each vacant office to be filled by election of the Active Membership of the Chapter as a whole. The Elections Committee shall submit the names of two candidates, if possible, for each office. The names of all nominees shall be presented at the meeting preceding the election. Additional nominations may be made. The balloting, which shall follow the meeting as closely as possible so as to permit announcement of the results before the end of the winter term, shall be by secret, mail vote. In the case of each office, the nominee receiving a majority of votes shall be declared elected. In case no nominee receives a majority of those voting, there shall be a runoff election between the two candidates with the highest number of votes.

C. Only Active Members of the Chapter are eligible for election to Chapter offices, or to vote in Chapter elections.

D. Any vacant elective office on the Executive Committee shall be filled as soon as possible by a special election for the unexpired term, except that if more than two-thirds (2/3) of the term has expired, the Executive Committee may, at its discretion, appoint a person to fill the office for the remainder of the term.

ARTICLE VII. Meetings, Agenda, Quorum, Parliamentary Procedure, and Recall Procedures

A. Meetings: The Chapter shall hold at least one regular meeting in the month of March of each year. The Executive Committee may call special meetings of the Chapter as it deems necessary. The Executive Committee shall call special meetings of the Chapter upon petition of the membership. At least ten (10) percent of the Active Members must sign such a petition and the meeting must be called within two (2) weeks after the Executive Committee receives this petition.

B. Agenda: The President and the Executive Committee shall determine the agenda for each regular Chapter meeting. The Recording Secretary shall distribute the written agenda to the membership at least two (2) days prior to each regular meeting.

C . Quorum: At meetings of the Executive Committee a majority of the Committee membership shall constitute a quorum. At meetings of the Chapter, one-fifth (1/5) of the Active Members, or twenty-five (25) Active Members, whichever represents a lesser number, shall constitute a quorum.   At meetings of the Bargaining Council, a majority of the council membership shall constitute a quorum.

D. Parliamentary Procedure: Parliamentary procedure at all meetings shall be in accordance with the latest revision of Robert's Rules of Order, except when these Rules conflict with the Chapter Constitution and Bylaws.

E. Recall Procedures: Any or all officers of the Chapter may be removed from office by a recall vote. A two-thirds (2/3) majority of the Active Membership of the Chapter shall be necessary for recall. The vote shall be by secret, mail ballot. One-fifth (1/5) of the Active Members of the Chapter must petition for a recall in order to institute these proceedings.   Any or all members of the Contract Proposal Development Team or Negotiating Team may be recalled.  A three-fifths (3/5) majority of those present at a Bargaining council meeting shall be necessary to initiate a recall.  This vote must be confirmed at the next consecutive meeting with three-fifths (3/5) majority of those present.

ARTICLE VIII. Contract Negotiations: Contract Proposal Development Team, Negotiating Team, Bargaining Council, and Contract Ratification

A. CONTRACT PROPOSAL DEVELOPMENT TEAM

  1. The Contract Proposal Development Team will develop specific contract language that might be considered in subsequent negotiations.
  2. Team member selection will be undertaken with the goal of securing the services of faculty members with experience in matters of contractual language and its implementation, of faculty members with particular skills and ability needed by the team, and of faculty members who show promise of serving the membership in the coming years through involvement in the contract negotiation process.
  3. The Contract Proposal Development Team effort will begin no later than the fall semester prior to expiration of the Agreement, or earlier if deemed prudent by the Executive Committee, to ensure that proposals will be ready by the time negotiations are to start. The team will familiarize itself with collective bargaining contracts in existence at other colleges and universities, and with comparative information on salaries and fringe benefits and shall also survey faculty with regard to collective bargaining.
  4. The Executive Committee is empowered to determine appropriate compensation for team members.
  5. The Chief Negotiator will serve as a member of the Contract Proposal Development Team.
  6. The Chair of the Contract Proposal Development Team will not be the Chief Negotiator.  The Contract Proposal Development Team shall select its own chair from among its members.  The Chair shall be responsible for calling meetings, making certain that records are maintained, and communicating with the Executive Committee and the Bargaining Council.

B. THE NEGOTIATING TEAM

  1. The Negotiating Team shall negotiate a contract with representative of the Board of Trustees of Northern Michigan University.
  2. Team member selection will be undertaken with the goal of securing the services of faculty members with experience in matters of contractual language and its implementation, of faculty members with experience in negotiations, and of faculty members with particular skills and abilities needed by the Team.
  3. The Negotiating Team will begin meeting no later than the beginning of the Winter Semester prior to expiration of the agreement or earlier if deemed prudent by the Executive Committee.  The members of the Negotiating Team shall remain in office until discharged of their duties by the Executive Committee.
  4. The Executive Committee is empowered to determine appropriate compensation for Team members.
  5. The Chief Negotiator will serve as the Chair of the Negotiating Team.

C. THE BARGAINING COUNCIL

  1. The Bargaining Council shall

    A.  Address matters of great weight that involve the Chapter including Contract Negotiations.
    B.  Establish and maintain effective communication with the entire Bargaining unit.
    C.  Work with the Contract Proposal Development Team to address areas of contract language that need improvement.
    D.  Discuss proposals and recommendations with the Negotiating Team regarding terms to be sought in the contract, and to assist in gathering the data necessary to support the recommendations.
    E.  Keep the members of the Bargaining Unit informed as to the progress of negotiations.
    F.  Familiarize itself with AAUP policies, procedures, and reports as useful guidelines affecting faculty welfare both within and outside of the bargaining process.
    G.  Meet regularly with the Negotiating Team in order to assess progress, suggest strategy and generally assist in the entire process up to and including the ratification of a satisfactory contract.
    H.  Develop its own operating procedures so long as they do not contravene this Constitution.
  2. Each academic unit shall be entitled to one representative whose responsibility is to attend Bargaining Council meetings in order to serve as a liaison to the academic unit.
  3. Bargaining Council Representatives shall be active members of NMU-AAUP and nominated and elected by the active members within their own academic units.  An alternate may be designated by the eligible voters of the academic unit.
  4. The Bargaining Council shall meet at least once each year.  In the year leading up to and during contract negotiations the Bargaining Council shall meet on a regular basis more frequently.

D. RATIFICATION: Any contract negotiated by the Negotiating Team shall become binding when ratified by the Board of Trustees of Northern Michigan University and by a majority of the voting Active Members of NMU-AAUP. Ratification shall be by secret vote of those attending a meeting of the Chapter called for ratification purposes. Notification of the meeting for purposes of ratification shall be mailed to all Active Members at least six (6) calendar days prior to the meeting. Active Members may, at their discretion, cast a secret ballot in the NMU-AAUP office during regular business hours between the time of the mailing of the notification of the meeting and up to one (1) hour prior to the start of the meeting.

ARTICLE IX. Chapter-Wide Referendum

A. The Executive Committee may, at its discretion, designate any matter as "a matter of great importance to the Chapter." Such a designation at any time will empower the Executive Committee to conduct a Chapter-wide mail, secret vote of the Active Membership on this matter. The results will be binding on the Chapter. This section will not operate so as to prevent polling of the membership on any other matter as an advisory, nonbinding expression of member sentiment.

B.  Upon petition by one-fifth (1/5) of the Active Members, the Executive Committee must designate any matter except contract ratification, presented in the petition as "a matter of great importance to the Chapter" and proceed to poll the Active Membership within twenty-one (21) calendar days by a mail, secret ballot, the results of which are binding on the Chapter.

ARTICLE X. Amendments

A. Any Active Member may propose in writing an amendment to the Constitution at a regularly scheduled meeting of the Chapter. If the Active Members in attendance at the next regularly scheduled meeting of the Chapter agree by a majority vote to consider the proposed amendment, it must then be submitted to the Chapter for ratification. Ratification shall require a two-thirds (2/3) affirmative vote of those Active Members of the Chapter casting ballots by secret, mail vote.
B . The proposed amendment shall be included in the written agenda provided to all members prior to the meeting at which it is considered for submission to the Chapter as a whole.

ARTICLE XI. Ratification

This Constitution shall be ratified by a two-thirds (2/3) affirmative vote of those Active Members casting ballots by secret, mail vote. This Constitution shall come into full effect immediately upon ratification.