CONSTITUTION
OF
STATE ENGINEERING ASSOCIATION
ARTICLE 1
NAME
The name of this organization shall be: "State Engineering
Association" hereinafter referred to as the Association.
ARTICLE 2
LOCATION
The principle place of business of the Association shall be the
State of Wisconsin.
ARTICLE 3
OBJECTIVES
The objectives of the Association shall be to promote the
engineering profession, high standards and a cooperative spirit
among its members; to assist in creating a harmonious and
friendly feeling between members and the State of Wisconsin; and
to bargain with State of Wisconsin representatives to develop
policies to improve the utilization, employment practices,
working conditions and adequate compensation for all members of
the Association.
ARTICLE 4
MEMBERSHIP
The qualifications of members of the Association, voting and
other rights and privileges of members, and their liability to
dues and assessments and method of collection thereof, shall be
as set forth in the By-laws. Dues increases and special
assessments shall be made only upon a majority vote of the
membership through a secret ballot.
ARTICLE 5
OFFICERS
The Officers of the Association shall be the President,. the Vice-
President, the Second Vice president, the Secretary, and the
Treasurer. The Officers of the Association shall be the Officers
of the Board of Directors. The President, Vice-President, Second
Vice President, Secretary and Treasurer shall be elected bi-
annually from the membership of the Association, and may not
serve more than two consecutive terms in the same office.
ARTICLE 6
MEETINGS
One meeting of the membership shall be held annually to install
officers or to conduct other business of the Association. Other
meetings may be called as provided in the By-laws.
ARTICLE 7
BOARD OF DIRECTORS
The government and direction of the Association, and the control
of its property shall be vested in the Board of Directors. The
Board of Directors of the Association shall be comprised of the
Officers of the Association and the Presidents of the various
Sections. The members of the Board of Directors may not serve
more than two consecutive terms in the same elected office.
ARTICLE 8
AMENDMENTS
Amendments to this Constitution may be proposed by the Board of
Directors or by written petition signed by 10% of the membership
of the Association. All such petitions shall be submitted to the
Association Secretary. The Secretary shall draft a proposed
amendment in accordance with the intent of the petition and shall
give written notice of same to the membership at least 21 days
prior to the meeting at which it is to be discussed. The
proposed amendment shall be discussed at. any scheduled meeting or
at a special meeting and may be amended in any manner pertinent
to the petition by a majority vote at said meeting, and if
amended shall be voted upon by letter ballot in such form. If
not amended, the proposed amendment as submitted shall be voted
upon by letter ballot. Ballots shall be counted 21 days after
mailing by a tellers committee appointed by the President. The
Secretary shall notify the membership of the results.
For adoption of any amendment to the Constitution, two thirds
of
the valid ballots cast shall be in the affirmative. An amendment
which has been adopted shall become effective 10 days after
counting of ballots.
At any meeting of the Board of Directors, the Board by a two
thirds vote may amend the By-laws in conformity with the
Constitution, provided that written notice of such shall have
been made to each Board member at least 30 days prior to the
meeting at which action thereon is to be taken. The By-laws may
be amended by a majority vote of the members present at any
Association meeting.
ARTICLE 9
DISSOLUTION
Upon the dissolution of the Association, the Board of Directors
shall, after paying or making provision for the payment of all of
the liabilities of the Association, dispose of all of the assets
of the Association to such organization or organizations
organize exclusively for charitable, educational, religious or
scientific purposes as shall at the time qualify as an exempt .
organization or organizations under section 50l(c) (3) of the
Internal Revenue Code of 1954 (or the corresponding provision of
any future United States Internal Revenue Law), as the Board of
Directors shall determine.
BY-LAWS
OF
STATE ENGINEERING ASSOCIATION
ARTICLE 1
MEMBERSHIP
Section 1 - Qualifications
(a) Individuals of a bargaining unit(s) represented by SEA shall
be eligible for membership.
(b) The appropriateness of any employment position for
inclusion in the Association will be determined by the
Board of Directors.
Section 2 - Enrollment and Payment of Dues
(a) Any applicant meeting the requirements in Section 1 of
this Article shall be granted membership upon the
payment of current dues and submittal of signed
official membership form.
(b) Membership shall be granted by the Board of Directors,
or where a Section has been established, by the
governing body of the Section. Membership in any
authorized Section shall include membership in the
Association.
(c) Members of the Association shall be required to pay
dues at the rate of nine dollars and fifty cents ($9.50)
biweekly payable by payroll deduction.
(d) Members of the Association shall be required to pay
special assessments at such times and in such amounts
as determined by the Board of Directors, subject to
the approval of the Association as provided in Article
4 of the constitution.
(e) Dues increase shall be as recommended by the Board of
Directors and approved by a simple majority of the
membership by secret ballot.
Section 3 - Rights of Members
(a) All members of the Association shall have equal voting
rights.
(b) All members after one year of continuous paid membership
in the Association may seek election to Section or
Association office, except that this requirement shall
be waived for the initial election of Section officers
for any newly organized Section.
Section 4 - Termination of Membership
(a) All rights of membership shall cease upon failure to pay
required dues or assessments when due.
(b) All rights of membership shall cease upon death or
resignation from state employment.
(c) Any member who shall be convicted of a felony, or who
shall be guilty of any act which shall reflect discredit
upon the Association may be expelled by a majority vote
of the Board of Directors. Any such membership
terminated by the Board may be reinstated only by the
Board.
ARTICLE 2
MEETINGS
Section 1 - Annual Meetings
The annual meeting of the members shall be held in the
fall of the year to install Officers and Directors or
to conduct such other business as may properly be
brought before the meeting.
Section 2 - Special Meetings
(a) special meetings of the members for any purpose or
purposes, may be called by the Board of Directors, or
shall be held upon petition of 10% of the membership
of the Association.
(b) special meetings shall be limited to the purpose or
purposes for which called and no other business may be
conducted.
(c) The business of special meetings may also be transacted
by the members at meetings of the Sections or by secret
ballot via U.S. Mail as designated by, and in .
accordance with rules established by the Board of the
Directors.
Section 3 - Notice, Time and Place of Meetings
(a) Notice of meetings, annual or special, shall be given
in writing to members not less than two weeks before
such meeting. The day and hour and the exact location
of all meetings of the members shall be designated by
the Board of Directors, and in the case of a special
meeting, the nature of the business to be transacted.
(b) Notice of a ratification meeting shall be sent by first
class U.S. Mail, telephone or personal contact to all
members at least ten (10) days before such meeting.
Notice shall include the day, hour and exact location of
the ratification meeting. The time limit for written
notification shall start from the date of mailing.
(c) By majority vote of the Board of Directors, the time
frames for (a) & (b), Section 3, Article 2 maybe
temporarily waived.
Section 4 - Quorum at Meetings of Members
(a) At meeting of the members or at a meeting of the members
held in the various Sections, a quorum for transaction
of business shall be provided if the total members at
the meeting constitute 10% of the members of the
Association. The Association Board of Directors shall
have the power to convene an annual meeting of the
membership.
(b) When the business of a special meeting is conducted by
U.S. Mail, a quorum shall be provided if a majority of
members return valid ballots.
Section 5 - Voting at Meetings of Members
(a) Only persons whose names are registered as members on
the books of the Association on the day of any meeting
of members or day of mailing ballots shall be entitled
to vote or act on any business to be transacted.
(b) No member may vote or act by proxy.
(c) All business before a meeting of members shall be
decided by the vote of a majority of those present or by
the vote of a majority of those returning valid ballots
when business is conducted by U.S. Mail.
(d) Actions taken at a meeting of members become effective
immediately unless otherwise specified.
ARTICLE 3
ORGANIZATION
Section 1 - Board of Directors
The Board of Directors of the Association shall consist
of the Directors and Officers of the Association. The
Directors shall be elected by the Sections from their
membership.
Section 2 - Permanent Committees
(a) The Nominating Committee shall attempt to include at
least one member from each section. Candidates for
office shall not serve on the Nominating Committee. The
Second Vice President shall serve as committee
chairperson unless the Second Vice President is a candidate for
office. The committee chairperson will select the
Nominating Committee. The Nominating Committee will
handle all nominating procedures under Article 7.
(b) The Election Committee shall consist of at least three
members chosen by the President. Officers, Directors or
candidates for office shall not serve on this committee.
The Election Committee shall conduct all elections under
Article 2 and Article 7
(c) At least 6 weeks prior to the annual Meeting, the
President shall appoint an Auditing Committee, the
majority of whom shall not be members of the Board of
Directors. This committee shall audit all accounts of
the Treasurer, Secretary, all Committees and the Board
of Directors. It shall report to the Association at the
Annual Meeting.
(d) The Demands Formulation Committee (newly formed by
combining the DFTF and CCC) chairperson shall make
a report at the Annual Meeting. This report, in the
first year after conclusion of bargaining, shall
include the summary of original demands and what SEA
actually achieved; and in the second year, this report
shall include reminders of demands needed for the next
year's bargaining.
Section 3 - Other Committees
The President may appoint, from the membership,
chairpersons for such other committees as may be
required. These committee chairpersons shall select
their respective committees from the membership. These
committees shall hold office at the pleasure of the
Board of Directors.
Section 4 - Staff
The President may, with the approval of the Board of
Directors, employ a staff of non-members.
ARTICLE 4
MEETINGS OF THE BOARD OF DIRECTORS
Section 1 - Organization and Budget Meetings
(a) The Board of Directors shall hold an organizational
meeting within 40 days after the annual meeting of the
membership.
(b) After the organizational meeting, the Board of
Directors shall hold its budget meeting during the
month of January each year.
Section 2 - Regular Meetings
Regular meetings of the Board of Directors shall be
held at such times and such locations as the Board may
prescribe. No further notice need be given for such
regular meetings.
Section 3 - Special Meetings
Special meetings of the Board of Directors for any
purpose or purposes may be called at any time by the
President or by a majority of the Board. Call for such
special meetings shall specify the time and place of
meeting.
Section 4 - Notice of Special Meetings
Notice of the time and place of special meetings shall
be delivered personally, mailed or telegraphed to each
member of the Board of Directors at least five days
prior to such meeting.
Section 5 - Waiver of Notice
The transactions of any meeting of the Board of
Directors, however called and noticed or wherever held,
shall be as valid as a meeting duly held after regular
call and notice, if a quorum be present and if, either
before or after the meeting, each of the members of the
Board signs a written waiver of notice, or a consent to
holding such meeting, or an approval of the minutes
thereof. All such waivers, consents or approvals shall
be filed with the Association records or made part of
the minutes of the meeting.
Section 6 - Quorum
A majority of members of the Board of Directors as
fixed by these By-laws shall be necessary to constitute
a quorum for the transaction of business.
Section 7 - Voting
(a) The action of a majority of the members of the Board
present at any meeting at which there is a quorum, when
duly assembled, shall be regarded as the act of the
Board of Directors, and is valid as an act of the
Association.
(b) Each member of the Board of Directors shall have one
vote.
(c) Actions taken at a meeting of the Board of Directors
become effective immediately unless otherwise
specified.
ARTICLE 5
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1 - General Limitations
The Board of Directors shall be subject to the
limitation of the Constitution, these By-laws, and of
the laws of the state of Wisconsin as to actions to be
authorized and approved by members.
Section 2 - General Authority
(a) All Association powers shall be exercised by or under
the authority of, and the business and affairs of the
Association shall be controlled by the Board of
Directors.
(b) The Board of Directors shall have the power and right
to make and enforce rules and regulations upon all
members and Sections, and to arbitrate any internal
controversy, difference, or problem that may arise.
(c)
The Board of Directors may cooperate with, contract
with, or engage in joint action with other persons or
organizations to achieve the Association's objectives.
(d)
The Board of Directors may act as an agent, or appoint
an agent, to represent any member or members on any
subject matter pertaining to the Association's
objectives.
(e) The Board of Directors may provide for the employment
of non-members and may contract for services as it may
deem necessary for the proper conduct of the affairs of
the Association.
Section 3 - Financial Authority
(a) If any By-law in another section of the Association's
By-laws appears to conflict with the By-laws contained
in this section, the language in this section
(Financial Authority) shall prevail.
(b) The Board of Directors shall have full supervision and
control of the funds of the Association, except for any
special funds of the various Sections.
(c) Funds or assets may be expended only for carrying out
the objectives of the Association as defined by the
Constitution and these By-laws.
(d) Elected Officers, Association and Section, and Section
Representatives may receive compensation. Member may
also receive compensation from the Association for time
spent bargaining, time lost from that member's normal
employer on Association business, expenses incurred on
Association business, or other time spent on
Association business as ordered by the Association's
Board of Directors.
(e) The Board of Directors may authorize any Officer or
Officers, or agent or agents, to enter into any
contract or execute any instrument in the name of and
on behalf of the Association, and such authority may be
general or confined to specific instances and unless
so authorized by the Board of Directors, no Officer,
agent or employee shall have any power or authority to
bind the Association by any contract or engagement or
to pledge its credit or to render it liable for any
purpose or to any amount.
(f) All checks, drafts or other orders for payment of
money, notes or other evidences of indebtedness, issued
in the name of or payable to the Association, shall be
signed or endorsed by such persons and in such manner
as, from time to time, shall be authorized by the Board
of Directors.
(g) The Board of Directors shall adopt a budget at the
January Board Meeting each year.
ARTICLE 6
POWERS AND DUTIES OF OFFICERS
Section 1 - President
(a) The President shall be the chief executive officer of
the Association, shall be the chairperson the
Association bargaining team and President of the Board
of Directors. The President shall, upon authorization
by the Board of Directors, exercise direct supervision,
direction., and control of the business and affairs of
the Association.
(b) The president shall appoint chairpersons of and have
general supervision, direction and control of all
committees.
(c) The President shall appoint the Chairperson of the
Nominating Committee whenever the Second Vice President
is a candidate for one of the statewide Elected Officers
positions. The appointed chairperson must be confirmed
by the Board of Directors.
Section 2 - Vice-President
The Vice-President shall act as President and perform
all the duties of that office in the absence of the
President. The Vice-President shall also perform such
other duties as may be delegated to the Vice-President
by the President and act as the Association Grievance
Officer.
Section 3 - Second Vice President
(a) The Second Vice President shall be second in line of
succession after the Vice President and act as the
legislative liaison.
Section 4 - Secretary
(a) The Secretary shall be secretary of the Board of
Directors and of the Association.
(b) The Secretary shall give, or cause to be given, notice
of all meetings of the members and the Board of
Directors required by the By-laws or By-law to be
given.
(c) The Secretary shall keep, or cause to be kept, a book
of minutes at such place as the Board of Directors may
order, of all the meetings of the Board of Directors
and members, with the time and place of holding,
whether regular or special, and if special, how
authorized, the notice thereof given, the names of
those present at meetings of the Board of Directors and
members meetings, and the proceedings thereof.
(d) The Secretary shall keep, or cause to be kept, at such
place as the Board of Directors may order, a register
showing names of members and their addresses.
(e) The Secretary shall maintain or cause to be maintained,
at such place as the Board of Directors may order, the
official copies of the Constitution and By-laws.
(f) The Secretary shall act as a parliamentarian and make
such rulings as necessary under "Robert's Rules of
Order" - revised.
Section 5 - Treasurer
(a) The Treasurer shall collect and keep all the funds of
the Association in the manner prescribed by the Board
of Directors.
(b) The Treasurer shall disburse the funds of the
Association only on the approval of, and in the manner
prescribed by the Board of Directors.
(c) The Treasurer shall keep, or cause to be kept, an
accurate accounting of all financial transactions of
the Association.
(d) The Treasurer shall prepare, or cause to be prepared,
all financial reports required by the Board of
Directors, these By-laws or By-law.
Section 6 - General Requirements
(a) On completion of their term of office, the Officers
shall turn over all books, documents, records, funds
and other property of the Association to their
successors.
(b) The Board of Directors may require the bonding, in such
amounts as may be deemed advisable, of any Officer or
employee of the Association who is authorized to handle
funds. Such bonds shall be written by Surety Companies,
shall conform to the laws of the State of Wisconsin,
and shall be paid for by the Association.
(c) No one shall hold more than one office at any one time.
ARTICLE 7
OFFICERS - ELECTION AND TERM OF OFFICE
Section 1 - Officers to be Elected
The President, Vice-President, Second Vice President,
Secretary and Treasurer shall be elected bi-annually
from the membership.
Section 2 - Qualifications
(a) All candidates shall be members of the Association for
at least one year prior to nomination.
(b) No one may be a candidate for more than one office at
any election.
(c) Candidates cannot be affiliated with
any other bargaining
unit.
Section 3 - Nominations
(a) The Nominating Committee shall provide candidates for
office.
(b) The Nominating Committee shall secure the consent of,
and judge the qualifications of all candidates to be
elected under provisions of this Article.
(c) The names of the candidates selected by the Nominating
Committee shall be delivered to all members 30 days
prior to the close of balloting.
(d) Any member seeking candidacy for office shall submit to
the Nominating Committee a nominating petition, signed
by that member and 25 other members, no later than 20
days prior to the close of balloting. If qualified
under provision of this Article, the name of a member
so nominated shall be added to the ballots.
Section 4 - Election of Officers
(a) The Selection Committee shall distribute ballots,
containing the names of all qualified candidates, to
each member no later than 10 days prior to the close of
balloting.
(b) The close of balloting for the election of Officers
shall be the last day of August.
(c) The balloting shall be conducted via U.S. Mail. The
candidate receiving the greatest number of votes shall
be elected to office.
(d) In the event of a tie vote for any office, the Board of
Directors shall select the Officer from those tied by a
flip of a coin.
(e) The membership shall be promptly informed of names of
Officers elected.
Section 5 - Term of Office
The Officers term of office shall begin with their
installation following the election and terminate with
the installation of their successors.
Section 6 - Vacancies
(a) A vacancy or vacancies shall be deemed to exist in the
event of death, resignation or loss of membership of
any Officer.
(b) If a vacancy occurs in the office of President, the
Vice-President shall assume the office of President for
the unexpired term.
(c) A vacancy in the office of Vice-President, Second Vice
President, Secretary, or Treasurer shall be filled by
the Board of Directors from the membership within 45
days of such vacancy.
ARTICLE 8
SECTIONS
Section 1 - Establishment of Sections
The Board of Directors shall have the power to
establish, abolish, or revise Sections.
Section 2 - Definition
(a) A section shall be a membership unit which shall serve
each district office and the central office of the
State of Wisconsin Department of Transportation.
(b) Additional sections may be formed to represent members
of other departments as authorized by the Board of
Directors. This section shall not prohibit members
from more than one Department belonging to the same SEA
section.
Section 3 - Directors
Each section shall be represented on the Board of
Directors by one (1) Director who shall be the Section
President or their designee.
Section 4 - Objectives
The objectives of a Section are to provide for
representation of its members on the Association Board
of Directors, to implement the policies and foster the
objectives of the Association.
Section 5 - Establishment of Sections
(a) To establish a section, a written petition containing
the signatures of at least ten (10) members must be
submitted to the Board of Directors. The Board of
Directors, upon approval of the proposed membership
unit and of its proposed by-laws,. will issue a charter
establishing a Section.
(b) The Charter of any Section may be revoked by a two-
thirds vote of the Board of Directors, if, after a
proper hearing, it has been determined that the Section
is in willful violation of its Charter.
(c) The Charter may be rescinded if the Section's
membership is less than ten (10) persons.
Section 6 - Membership
(a) Requirements for membership in a Section shall be the
same as those required for membership in the
Association.
(b) All Association members within the jurisdiction of a
Section shall be members of that section. Members may
request a change in Section, affiliation by petition to the
SEA Board of Directors.
(c) Members of the Association who are not within the
jurisdiction of a formally established Section shall be
attached to a pool of members whose interests will be
represented by the Association Board of Directors.
Section 7 - Meetings
(a) An Annual Meeting of the Section membership shall be
held prior to the Association's Annual Meeting.
(b) Sections shall give adequate notice of the time and
place of each meeting to their members.
Section 8 - Officers
(a) At a minimum, Section Officers shall consist of a President,
Vice-President, Secretary-Treasurer and at least 2 Trustees. As an alternate
to having a combined Secretary-Treasurer, Sections may choose to have a
Secretary and a Treasurer. In addition, Sections may choose to include the
immediate Past-President as an Officer.
(b) The number of Trustees can be increased to allow an
additional Trustee for each additional Department,
Bureau or similar detached employing authority that
contains members represented by a Section or other
reasonable requests by a Section. The SEA Board of
Directors shall have final approval on the number of
Trustees beyond two for each Section.
(c) The Section officers shall constitute an Executive
Board which shall conduct the authorized Association
business and such other business appropriate to
Section activities.
(d) The Section officers shall perform all such duties
required of them by the Association constitution, these
by-laws, Directives of the Association Board of
Directors, and the section By-laws.
(e) Officers shall be elected from the eligible membership
for a minimum term of one year. The office of Vice-President shall be subject
to a term limit of 4 consecutive years. The office of president shall
be subject to
term limits in accordance with Article 7 of the Constitution.
ARTICLE 9
POWERS AND DUTIES OF SECTIONS
Section 1 - Section By-laws
Each Section has the power to adopt and amend its own
By-laws, except that they shall not conflict with the
Constitution and By-laws of the Association.
Section 2 - Section Activities
(a) The Sections shall not engage in any activity that
could in any way be detrimental to the Association.
(b) Each Section may conduct its own internal activities
within the limitations of these By-laws but shall not
attempt to conduct any of the Association's business or
affairs without authorization from the Board of
Directors.
(c) Each Section shall obtain authorization from the Board of
Directors before engaging in Fair Share Non-Chargeable Activity.
If Authorization is granted, the Board of Directors shall
reimburse sections for any expenses incurred for the non-
chargeable activities.
Section 3 - Register of Members
(a) Each Section shall review for errors the membership
list as provided by the Association.
(b) Each Section shall inform the Association Secretary of
the name and address of any new member, or the
termination of any membership, within 10 days.
Section 4 - Dues
(a) Dues shall be collected by the Association as
prescribed in Article 1 of these By-laws.
(b) With the approval of a majority of the Section members,
additional dues may be collected to provide a special
fund for Section activities.
Section 5 - Financial Reports
Each Section shall provide a complete financial
statement to the Treasurer at such times, and
conforming to such requirements as the Board of
Directors may require.
Section 6 - Business Reports
(a) Each section shall provide a complete minutes of all
meetings of the membership and of the Executive Board to the
Association Secretary within then (10) days of such meeting.
(b) The minutes of all meetings of the membership and of
the Executive Board shall be kept on file and open to inspection
upon written demand of any member for any reasonable purpose.
ARTICLE 10
PARLIAMENTARY LAW
In all questions involving parliamentary procedure, including
election procedures, not covered by these By-laws or established
by the Board of Directors, Robert's Rules of Order (Revised)
shall be the governing authority.
ARTICLE 11
ASSOCIATION RECORDS AND REPORTS
Section 1 - Inspection of Records
(a) The original By-laws and Constitution and copies
thereof as amended to date, certified by the Secretary, shall be
kept on file at a location selected by the Board of Directors
and open to inspection at all reasonable times.
(b) The books of account, the minutes of the Board of
Directors and membership meetings, and the membership register
shall be kept on file at a location selected by the Board of
Directors and open to inspection at any reasonable time upon
written demand of any member for any purpose reasonable related
to his interest as a member.
ARTICLE 12
FAIRSHARE
The Board of Directors shall adopt procedures for both members and
nonmembers to object during a specific time period each year to the
expenditure of his/her portion of such payments for certain purposes.
Such procedures shall provide that nonmember(s) and member(s) may
object to expenditure of his/her portion of such payments for
activities or causes of a political nature only incidentally related to
collective bargaining. Nonmember(s) and member(s) may object to the
expenditure of his/her portion of such payments for activities or
causes involving controversial issues of public importance only
incidentally related to collective bargaining. Nonmember(s) and
member(s) may not object to expenditures of his/her portion of such
payments used for collective bargaining including, but not limited to,
negotiating, organizing, servicing, educational research, hiring of a
lobbyist and association administration. That portion of such fees
spent by the association for the above-described purposes will be
determined in each fiscal year by the Board of Directors, and rebate of
a prorated portion of his/her service or fairshare fees corresponding
to such proration shall be made to each individual who has filed a
timely notice of objection each year.
NON-MEMBER FAIR SHARE REBATE PROCEDURE
1.
GENERAL
The State Engineering Association (SEA) shall provide any non-
members covered by fair share agreements the following
procedures for obtaining a prompt and fair rebate of any
portion of their fair share payment which is utilized for any
purpose not permitted by Section 111.85 Wis. Stats., the
Wisconsin Constitution, or the United States Constitution.
2. INITIAL DETERMINATION OF THE PROPOSED REBATE
A. Prior to the beginning of each fiscal year, SEA shall
analyze its budget and make a determination as to the
appropriate rebate which should be provided fair share
employees.
B. As soon thereafter as practical, SEA shall inform all
fair share employees of its analysis as well as its
determination as to the appropriate rebate.
C. (1) In determining the appropriate rebate, SEA shall
rely upon prior arbitration awards and/or
administrative and court adjudications. If no
appropriate adjudication exists, SEA shall seek an
independent audit of SEA's budgetary expenditures
in order to determine an appropriate rebate.
(2) At, or near, the time an individual is provided
budget material, the SEA shall inform the fair share
employee of his or her right to a rebate and as to
his or her right to challenge SEA's determination
of the proposed rebate as well as inform the
employee of the method by which the employee's
challenge should be processed.
3.
REBATE AND CHALLENGE PROCEDURES
A. Rebate - Any non-member covered by a fair share agreement
and who wishes to object to the expenditure of a portion
of their fees on those activities and expenses that SEA
has determined are non-chargeable may obtain the rebate
determined by SEA, in accordance with the above
procedure, by requesting a rebate from SEA in writing.
The written objection must include the objecting non-
member's name, address, social security number, job
title, employing agency and work location.
The written objection must be sent to SEA at the
following address, and post marked no later than August
31 of each year.
State Engineering Association
Attention: SEA Treasurer
4510 Regent Street
Madison, Wisconsin 53705
This objection and the rebate shall apply to the upcoming
fiscal year's assessments and such funds shall be set
aside and rebated promptly.
B. Challenge - Any non-member covered by a fair share
agreement and who wishes to challenge the SEA calculation
of chargeable versus non-chargeable expenses must inform
SEA of their challenge in writing. The written challenge
must include Fair share payer's (Challenger's) name,
address, social security number, job title, employing
agency, work location, and nature and basis for the
challenge. Only those "fairshare" members who challenge
the calculation are entitled to any additional rebate
based upon a finding under the challenge procedure.
Any employee who seeks a rebate of his/her fair share
assessment must file a written objection with the SEA in
accordance with applicable procedure within thirty (30)
days from the date the employee receives the budgetary
materials. For the purpose of this provision, material
shall be deemed received three (3) days after it is
mailed. The SEA may waive the above time limitations if
the person can demonstrate good cause for the delay in
filing. Written challenges must be sent to SEA at the
following address:
State Engineering Association
Attention: SEA Treasurer
4510 Regent Street
Madison, Wisconsin 53705
4.
PROCESSING OF THE CHALLENGE
A. Timing of the Challenge
Upon receipt of a request to challenge the SEA's rebate
determination, SEA shall attempt to resolve the dispute.
If resolution is impossible, the challenger may arbitrate
the dispute immediately.
B. Escrow Account
Upon receipt of a challenge, SEA shall immediately
escrow, in an interest bearing account, an amount
reflected as the appropriate rebate in prior, relevant
arbitration, awards and court adjudications plus an
appropriate "cushion" determined by SEA, or, if there are
no relevant adjudications, the amount determined by an
independent audit plus an appropriate cushion. If there
is no such determination, SEA shall escrow the entire
amount sought in the challenge.
5.
ARBITRATION
SEA shall seek from the WERC or AAA panel of qualified
arbitrators. If possible, SEA and the challenging party shall
arrange a neutral method for the joint selection of
arbitrators. If no method is agreed upon, SEA shall ask the
appointing agency to name an arbitrator to hear the dispute.
As a condition of appointment, the arbitrator must agree to
issue his or her award in an expeditious manner.
SEA reserves the right to consolidate arbitration proceedings
so that it is not required to arbitrate the same general
dispute in more than one proceeding for each relevant time
period.
The arbitrator's award shall be final and binding to the
extent permitted by law. If the SEA is required to repay an
additional sum, it shall do so. In addition, it shall include
interest at the highest rate required by law.
The arbitrator shall apply recognized legal concepts in
determining the appropriate rebate. The arbitrator shall have
no authority to rebate fair share monies unless such a rebate
is required by state or federal law.
The cost of the arbitrator's fee, if any, will be split;
half of the cost is SEA's and the other half of the cost
is the responsibility of the non-member.
6. SAVINGS CLAUSE
SEA reserves the right to modify this procedure at any time
if, in SEA's opinion, such modification is required by state
or federal law.
ARTICLE 13
SAVING CLAUSE
If any provision of these By-laws or the application thereof to
any person or circumstance, is held invalid, the remainder of
these By-laws, or the application of such provision to other
persons or circumstances, shall not be affected thereby.
ARTICLE 14
ASSOCIATION SPOKESPERSON
1. General
Whereas the By-Laws authorize the President and Board of
Directors to employ a staff of non-members, the position of
Association Spokesperson is hereby recognized and defined.
The Association Spokesperson is not a lobbyist.
2. Qualifications of Spokesperson
(a) The Spokesperson should be familiar with Wisconsin State
Government and the Legislative process.
(b) The Spokesperson should be familiar with the current
organizations of the various state agencies.
(c) The Spokesperson shall be familiar with labor contract
negotiations and bargaining.
(d) The Spokesperson should possess excellent communication
skills.
3. Duties of Spokesperson - or Spokesperson's Designee
(a) Attend the Demands Formulation meeting to monitor and
assist in the discussion and compilation of contract
demands.
(b) Assist the Bargaining Team in the prioritization of
demands and the strategy of bargaining.
(c) Arrange for appropriate meetings between the State and
S.E.A.
(d) Maintain liaison with the state Department of Employment
Relations (D.E.R.) for purposes such as tentative
contract agreements and final contract language
resolution.
(e) Monitor and report on contract approval process in the
Legislature.
(f) Assist the S.E.A. Board, Committees and Bargaining Team
in establishing and maintaining a Wage and Benefit data
base. Such data base will consist of:
∙ engineering labor contracts from surrounding states
∙ cost of living data
∙ private sector wage and benefit data
∙ pay range analysis
∙ pertinent Legislative issues
(g) Evaluate Bargaining Team activities and recommend
improvements.
(h) Assist the S.E.A. Board in monitoring legislation of
interest to S.E.A. Such activity shall not violate
current state lobbying laws.
(i) Develop and recommend public relations strategies.
(j) Once each year, arrange a one day informational tour of
state government with a S.E.A. member. If the member
desires to contact his/her legislator during the tour,
the Spokesperson will only be expected to arrange for the
introduction between the S.E.A. member and the
legislator.
(k) Shall attempt, when requested by the Section, to attend
section meetings each year.
(l) He or his designee shall attempt to attend each Board Meeting,
unless excused by the S.E.A. President.
(m) Other duties as requested by the President and Board of
Directors.
[END OF BY-LAWS]
STATEMENTS OF POLICY
SOP - 1: Reimbursement of Expenses
SOP - 2: Expansion of Membership
SOP - 3: Financial Policies, Accounts and Reports
SOP - 4: Allocating Funds To Establish Sections
SOP - 5: Membership Status
SOP - 6: Liaison with the Wisconsin Society of
Professional Engineers
SOP - 7: Association Officer, Section Representative and
Standing Committee Member Compensation
SOP - 8: Association Bargaining and Demands
SOP - 9: Ratification Votes by the Membership