California School Employees Association
RESOLUTIONS BULLETIN
AFL-CIO
May 7, 2010
Resolution Bulletin No. 3–10
1.2010 CONFERENCE RESOLUTIONS
2.COMMITTEE REPORTS AND RECOMMENDATIONS
3.CHAPTER REVIEW AND DISCUSSION
Action item for Chapter Presidents: Copy the attached resolutions and committee
recommendations for your elected Conference delegates, and arrange for discussion
of ALL resolutions and committee recommendations at a chapter meeting prior to the
2010 Conference.
A. SUBJECT MATTER
1. 2010 Resolutions and Committee Recommendations
Attached are the resolutions and committee reports and recommendations for delegate action at the 2010 Conference. The discussion on these resolutions at Conference will take place in the order in which the resolutions and committee recommendations are presented in the attached document. They are divided and ordered as follows:
(1) Unfinished Business;
(2) Resolutions having fiscal impact;
(3) General policy resolutions; and
(4) Resolutions proposing general legislation.
Please note that, as updated financial information is available, some revisions may be made prior to reporting the resolutions to Conference.
2. Chapter Review and Discussion
The resolutions and committee recommendations attached hereto should be thoroughly reviewed and discussed at a chapter general membership meeting at which the chapter’s delegates are present.
Chapter members need to understand the intent and impact of each resolution, and the chapter’s delegates
need to be given an indication as to what the chapter membership’s feelings are on the subject.
Chapters are cautioned, however, that discussion and debate on the Conference floor may bring
out additional information and different arguments, pro and con, that may not be brought out within
the committee recommendations or even within the chapter’s own internal discussions. In addition,
Resolution Bulletin No. 3–10
–2–
May 7, 2010
amendments may be presented and adopted at the Conference. Thus, chapter delegates must be given
the freedom to vote as they deem appropriate and for the best interests of the Association as a whole,
based upon all of the discussion, both at the chapter level and on the Conference floor.
B. REQUIRED ACTION
1. By Chapter Presidents:
a) Review and discussion on the appended committee recommendations and corresponding resolutions should take place at a Chapter meeting soon. But please refer to the cautionary
advice given under A.2 above.
b) Arrange for your Chapter’s elected delegates to attend a pre-Conference informational meeting to be held in your Region or Area. Information on these meetings is available from your Regional
Representative.
2. By Regional Representatives & Labor Relations Representatives:
a) For discussion at Regional Presidents Meetings, Chapter Meetings, and Area/Regional Resolutions
Meetings between now and Conference. Ensure that all chapters are discussing the resolutions
and committee recommendations AT CHAPTER MEETINGS, notwithstanding the fact that
their delegates may be attending an Area or Regional resolutions meeting. Delegates should
have the benefit of input from their chapter membership.
However, the cautionary advice expressed in Part A.2 should be reiterated to the chapter. Delegates
must be free to consider additional information generated by the pro and con debate on the Conference
floor, and the impact of any amendments that might be adopted at Conference, before deciding their
final vote on any resolution.
CALIFORNIA SCHOOL EMPLOYEES ASSOCIATION
Josie Mooney
Executive Director
DJ:am:jbs
Attachments: 2010 Resolutions and Committee Reports and Recommendations
DISTRIBUTION:
Chapter Presidents; Board of Directors; Alternate Area Directors; Regional Representatives; Labor Relations Representatives; Chairpersons and Members, Standing Committees; Political Action Coordinators; Regional Public Relations
Officers; Life Members and Honor Roll Recipients; Retiree Unit Executive Board; Retiree Council Presidents; All Staff
REVIOUS BULLETIN INFORMATION:
Resolutions Bulletin No. 2–10, dated 04/23/2010, titled “2010 Conference Resolutions,” was given general distribution.
California School Employees Association • 2045 Lundy Avenue • San Jose, CA 95131 • (408) 473-1000 • (800) 632-2128
Table of Contents
Unfinished Business
Number
Subject and Source
8 (2009)
The Opportunity to Vote in Chapter Elections and . . . . . . .
Contract Ratifications by All Chapter Members
Riverside County Office of Education Chapter 693
Page
3
Resolutions
Part 1 – Resolutions Having Fiscal Impact
Number
Subject and Source
Page
1
Awards Standing Committee . . . . . . . . . . . . . . . . . . . . . . . .
Board of Directors
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9
Chapter Release Time . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Irvine Chapter 517
12
10
Leadership Institute Proportional Funding . . . . . . . . . . . . . .
For Area Directors
Hemet Chapter 104
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11
CSEW Week Proportional Funding . . . . . . . . . . . . . . . . . . .
For Area Directors
Hemet Chapter 104
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12
Association Dues Increase . . . . . . . . . . . . . . . . . . . . . . . . .
Yucaipa-Calimesa Chapter 209
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Part 2 – General Policy Resolutions
Number
Subject and Source
Page
2
Dues Delinquency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of Directors
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3
Public Relations Committee - Name Revision to . . . . . . . . . . 37
Communications Committee
Board of Directors
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Part 2 – General Policy Resolutions (cont’d)
Number
Subject and Source
Page
4
Revision of Uniform Standards for Filing of . . . . . . . . . . . . .
Candidacy and Advertising in CSEA‘s
Membership Publications
East Whittier Chapter 87
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5
Proclamation of DMV/Donate Life California Month . . . . . .
by the California School Employees Association
Whittier City Chapter 62
44
8
Update on Factors Outside of California . . . . . . . . . . . . . . .
Santa Monica College Chapter 36
47
13
CSEA Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Board of Directors
Part 3 – Resolutions Proposing General Legislation
Number
Subject and Source
Page
6
Continued Support for Single-Payer State . . . . . . . . . . . . . .
Health Plan
Santa Monica College Chapter 36
63
7
Classified Employee Rights in Independent . . . . . . . . . . . .
Charter Shools
Santa Monica College Chapter 36
66
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The first section of this booklet constitutes Unfinished Business from the previous
conference, and consists of one resolution referred for further study and report, which
will require delegate action.
The second section of this booklet contains all 2010 Resolutions received and certified
by the Association Secretary within the required deadlines for delegate action in
accordance with provisions of the Association‘s Bylaws (Article V, Section 6), and which
were deemed to be in proper form for delegate consideration.
The resolutions are NOT printed in numerical sequence, but are printed in accordance
with the preceding TABLE OF CONTENTS. The Association‘s Bylaws require that all
resolutions having budgetary impact, regardless of subject matter, be considered first.
These resolutions were assigned to appropriate standing committees for review, based
on subject matter, for the purpose of studying the issue and developing a
recommendation for consideration by the delegates.
Resolutions were assigned as follows:
To the Electronic Voting Pilot Program Taskforce:
Resolution No. 8 (2009)
To the Resolutions Committee:
Nos. 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13
To the Legislative Committee:
Nos. 6 and 7
The committee analysis and recommendation is printed following each resolution. The
―Author‘s Statement‖ from the resolution‘s sponsor (if one was submitted) is immediately
following the resolution and before the committee‘s report. As updated financial
information is available, some revisions may be made prior to reporting the resolutions
to conference.
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Unfinished Business
Resolution No. 8 (2009)
The Opportunity to Vote in Chapter
Elections and Contract Ratifications
By All Chapter Members
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RESOLUTION NO. 8 (2009)
The Opportunity to Vote in Chapter Elections and
Contract Ratifications by All Chapter Members
WHEREAS, many county offices of education have classified bargaining unit members
over the entire county in county programs that are located in K-12 districts
and community colleges, and
WHEREAS, most county offices of education, and some community colleges, private
sector and K-12 district chapters cover large geographic areas, and
WHEREAS, some chapters cross county lines to provide services for the children of
California. This means that members can work great distances from the
central office, and
WHEREAS, it is our desire to offer an affordable opportunity to cast a ballot in chapter
elections and contract ratifications to ALL chapter members at a minimal
cost to the chapter, and
WHEREAS, it would benefit the members if CSEA could look into the possibility of
offering the option of computer balloting in policy 618 & 610, and
WHEREAS, a pilot program with one chapter from Northern California and one chapter
from Southern California be used as the test chapters;
BE IT THEREFORE RESOLVED: That CSEA investigate the possibility of offering
computer balloting for chapter elections and contract ratification with a one-year pilot
computer balloting program. A one-year pilot program would allow all members of the
designated test chapters the opportunity to vote. Pilot one county office of education
chapter from Northern California and one county office of education chapter from
Southern California. The outcome of the pilot program to be reported by the chapters
involved at the 2010 annual conference.
Amended at the 2009 Conference:
BE IT THEREFORE RESOLVED: That CSEA investigate the possibility of offering
computer balloting for chapter elections and contract ratifications with a one-year pilot
computer balloting program. A one-year pilot program would allow all members of the
designated test chapters the opportunity to vote. The pilot program shall include two
chapters from northern California and two chapters from southern California. At least
one of the chapters shall be a county office of education chapter. The outcome of the
pilot program shall be reported by the chapters involved at the 2010 annual conference.
Certified January 27, 2009, postmark
Lori Klingensmith, Association Secretary
Submitted by Riverside County Office
of Education Chapter 693
Area F, Region 33
Approved at January 21, 2009, Chapter
Meeting
/s/ Kasey McCall, Chapter President
/s/ Tonia Watkins, Chapter Secretary
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Resolution No. 8 (2009) – continued
Author’s Statement
ALL chapter members should and must have the opportunity to cast their ballot for the
officers they wish to lead their chapter. This is also true of contract ratification. If a
member lives and works 100 miles from the central or main office there is a very slim
possibility that the member will drive that 100 miles to cast a ballot for chapter officers.
Many members have a second job; family obligations or they just do not have the
money for gas.
You say why not vote by mail. First, the chapter must secure a separate Post Office
Box to be specifically used for this purpose. Then, the chapter must print and mail a
ballot with instructions and a return envelope to all members‘ home address. Now, add
the cost of printing, cost of the Post Office Box and postage. This could cost the
chapter hundreds of dollars. For example, for a chapter of 750 members, postage
alone is over $315. The cost of materials and printing the nomination forms, ballot,
instructions, envelope to mail out and return address envelope and the cost could be
close to $1000. The total cost for one election or contract ratification could cost $1315.
or more for a chapter with 750 members.
We live in a computer age. CSEA has an outstanding Information Technology
Department. Voting at state conference is done by computer balloting. CSEA stands
for democracy so let‘s see if it‘s possible to give all of our members an affordable
opportunity to vote at chapter elections and contract ratification.
Committee Analysis and Recommendation:
Resolution No. 8, as amended at the 2009 Conference, directed that the Association
study the possibility of offering computer voting for chapter officer and contract
ratification elections. The resolution further proposed that the study include a one-year
pilot program with two chapters from northern California and two chapters from southern
California, with at least one of the chapters a county office of education chapter.
Association President Allan Clark selected the following chapters for the pilot program:
 Sacramento Education Office Chapter 480 – Area A
 Los Angeles Chapter 500 – Area I
 Mariposa Chapter 609 – Area E
 Riverside County Office of Education Chapter 693 – Area F
The Board of Directors waived the appropriate portions of Policy 610 and Policy 618 to
allow these chapters to conduct officer and ratification elections via computer voting.
Association President Clark appointed a taskforce to oversee the pilot program. They
are Association 1st Vice President Michael Bilbrey, Area A Director Martha Penry, Area
E Director Karen Gardner, Area F Director Ben Valdepena, and Area I Director Jennie
Batiste. The taskforce was assisted by Director, Information Systems Tina Wagner and
Senior Executive Manage Denise Jensen.
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Resolution No. 8 (2009) – continued
The Association contracted with VoteNet to conduct the computer balloting. The cost
was approximately $7,000. The online voting program provided for anonymous
balloting and limited access to voting results. The chapter members also had the ability
to ―opt out‖ of voting online and cast a ballot via paper ballot.
The Taskforce worked with the participating chapters to include a brief survey to obtain
feedback from the participating members on their experience with the process.
Below are the details of the elections (to date) conducted by computer voting:
Elections
#500 ratification election
21%
#609 Mariposa Executive
Board election
36%
#693 Executive Board
election
14%
#480 conference delegate
election
#693 conference delegate
election
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% of
participation
Summary of survey comments
34% voters said they had never voted
in past 4 years; 28% voted once or
twice in past 4 years
86% voters said they prefer online
voting method
"I know that you've received my vote"
"The reason I am voting today is
because of the ease of online voting"
25% voters said they had voted never,
once or twice in past 4 years
83% voters said they prefer online
voting method
"Not all the members knew of the
online voting method… better
communication…"
42% voters said they had voted never,
once or twice in past 4 years
91% voters said they prefer online
voting method
"..easy, fast, green"
"can do it from home"
"I am an offsite employee and online
voting allows me…to vote"
Election pending.
Election pending.
The taskforce also conducted an online survey to all chapter presidents with an e-mail
address on file with CSEA (669 chapters) to determine interest in computer voting for
chapter elections. About 40% (271) of the chapters responded. Of those that
responded, 32% indicated it "very likely" (14%-37 chapters) or "somewhat likely" (18%49 chapters) that their chapter would adopt computer voting for some or all of the
chapter‘s elections. However, the number one concern with the concept of computer
balloting was the cost to the chapter.
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Resolution No. 8 (2009) – continued
Unfortunately, there was limited participation in the pilot program because some of the
selected chapters only conducted one or two elections through the one-year pilot
program. Because of this limited participation and the interest of other chapters in
computer voting, the taskforce believes the pilot program should be extended for at
least six additional months, with the opportunity for any interested chapter to apply to
participate. The participating chapters would be responsible for any additional costs.
However, the taskforce believes that there are other online balloting options that may be
more manageable and affordable for the chapters.
The taskforce is, therefore, recommending that Resolution No. 8 (2009) be amended as
follows:
BE IT THEREFORE RESOLVED: That CSEA continue a pilot program for chapters to
participate in computer balloting for chapter officer and contract ratification elections.
Chapters interested in participating shall apply with the Association President. A report
on the extended pilot program shall be made at the 2011 Annual Conference.
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Resolutions
Part 1
Resolutions Having Fiscal Impact
Presented by the Resolutions Committee
Resolution Nos. 1, 9, 10, 11, and 12
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RESOLUTION NO. 1
Awards Standing Committee
WHEREAS, in October 2008, the Board of Directors created a pilot program consisting
of an Ad hoc Awards Committee to focus on Association awards, and
WHEREAS, the Member of the Year Awards Program had previously been under the
jurisdiction of the Association‘s Education Committee, and the Merit
Awards Program was under the jurisdiction of the Merit Awards
Committee (a Board subcommittee), and
WHEREAS, the Ad hoc Awards Committee had the flexibility and capacity necessary
to successfully promote these essential member awards, thereby relieving
other member leaders to concentrate on other organizational priorities,
and
WHEREAS, with the creation of a permanent or standing Awards Committee, it will
allow the Education Committee to focus its field of expertise on member
education, and
WHEREAS, an Awards Committee would consolidate most of our awards programs
under one group to keep the process consistent and to allow a greater
opportunity for promotion and marketing of these important awards, and
WHEREAS, by revising and simplifying the nomination process, the Ad hoc Awards
Committee has been successful in doubling the number of nominations
submitted for the Member of the Year Program, and
WHEREAS, by bringing awareness of the importance of recognizing members under
the Merit Awards, the Ad hoc Awards Committee has increased the
number of recipients five-fold under this program, and
WHEREAS, during the Ad hoc Awards Committee short tenure, other new methods of
recognizing deserving individuals have been implemented such as an
Activist of the Year (including Active and Retired members) and the
William P. Schwartz Humanitarian of the Year, and
WHEREAS, it is important to appreciate and elevate the image of classified school
employees and to honor outstanding service on all levels, and
WHEREAS, in the current economic and social climate, it is important to raise the
stature of classified employees and morale by honoring their outstanding
work in their schools and communities;
BE IT THEREFORE RESOLVED: That CSEA create a permanent Awards Standing
Committee to ensure our members receive respect and recognition, by promoting and
encouraging Association awards programs that acknowledge CSEA members and other
classified employee advocates who (1) provide outstanding service to the students of
our state; (2) are involved in their community; and/or (3) exemplify union activism.
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Resolution No. 1 – continued
AND BE IT FURTHER RESOLVED: That Article VI, Section 6, of the Association‘s
Constitution be amended as follows:
CONSTITUTION
ARTICLE VI
BOARD AND COMMITTEES
Section 6.
STANDING COMMITTEES.
(a)
The following standing committee members shall be appointed in
accordance with Article I, Section 1(b) of the Bylaws, Budget, Conference, Resolutions,
Education, Insurance, Legislative, Pre-Retirement Resource, Research/Negotiations,
Public Relations, Scholarship, Community College, County Office of Education, and
Merit System, and Awards. The committees shall consist of a Chairperson and such
number of additional members as approved by the Board of Directors. The committee
members shall serve, at the pleasure of the President, from appointment through the
next Conference held in an odd-numbered year.
(b)
In addition to the committees listed above, the Political Action Committee
shall be a standing committee. It shall be appointed and function in accordance with
policy adopted and included in the Policy Handbook.
(c)
Appointments to Standing Committees shall be made from among Active
or Retired Members who are in good standing. Failure to maintain such membership in
good standing shall result in automatic forfeit of the office.
Approved for submission to the 2010 Annual
Conference by the Board of Directors at its
January 16, 2010, Board Meeting
/s/ Allan D. Clark, Association President
/s/ Donna D‘Arcy, Association Secretary
Author’s Statement
CSEA has always taken great pride in recognizing our members who achieve great
things within the union and their communities. It is important that we continue to honor
our deserving members and to create processes that are both convenient to use and
logical for our members.
The Ad hoc Committee has made great strides in streamlining the Member of the Year
process. They have condensed the nomination forms from multi-page versions to a
one-page (front & back) format, making it much easier for leadership to submit names of
deserving individuals for the various programs. The judging process has also been
updated, establishing appropriate criteria, making the ultimate selection process more
fair and consistent. This important work needs to continue.
This resolution, formally creating the Awards Committee, would allow us to consolidate
all appropriate programs under one jurisdiction. With all the important work this union
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Resolution No. 1 – continued
is tackling right now, doesn‘t it make sense to simplify and streamline wherever
possible?
It is our desire to insure that new programs such as the Schwartz Humanitarian Award
and expanded programs such as the Activist of the Year provide a greater variety of
member recognition to honor our great members in their endeavors to elevate the status
of classified employees at the workplace and within the community.
The Board of Directors, along with the Ad Hoc Awards Committee, wishes to continue to
grow our awards program and honor members for the value they bring to our schools,
colleges and communities. Therefore, we recommend that the delegates vote ―YES‖ to
support this effort.
Committee Analysis and Recommendation:
Resolution No. 1 proposes to amend Article VI, Section 6(a), of the Association‘s
Constitution by adding Awards Committee to the list of Association standing
committees.
An Ad hoc Awards Committee was appointed in October 2008 to focus on several of the
Association‘s awards programs. The ad hoc committee assumed responsibility for the
Member of the Year Program, previously under the jurisdiction of the Education
Committee, and the Merit Awards, previously under the jurisdiction of a Merit Awards
Committee. In addition to these awards programs, the resolution proposes to add the
Activist of the Year Award and a new William P. Schwartz Humanitarian of the Year
Award to the Awards Committee.
Budget Impact: The Chief Financial Officer estimates that implementation of
Resolution No. 1 would increase expenses by $20,000 for the 2010/2011 fiscal year.
The Resolutions Committee agrees it is important to honor the work of our members
through our various awards programs. The committee also acknowledges that the work
of the Ad Hoc Awards Committee has increased the exposure and participation in these
programs. The Resolutions Committee concurs that the consolidation of awards
programs under an Awards Committee will allow other committees to focus on their field
of expertise. For example, by assigning the Member of the Year Program to the Awards
Committee, the Education Committee can focus more of its energy on its core purpose
– development of member education programs.
The Resolutions Committee believes that, at this time when our members are working
so hard at their jobs and for their union, it is more important than ever that we recognize
and honor their contributions. Creating an Awards Standing Committee provides the
needed focus on this endeavor.
The Resolutions Committee recommends a YES vote on Resolution No. 1.
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RESOLUTION NO. 9
Chapter Release Time
(Revised by Resolutions Committee to put in proper form for action)
WHEREAS, the Chapter Release Time Program is intended to assist chapters in
building the Union by enhancing service and member involvement in
chapters in the areas of grievance processing, political activity, site
representative and job steward programs, internal chapter
communications, and membership recruitment, and
WHEREAS, the Chapter Release Time Program encourages and assists chapters to
negotiate District-paid release time into their contracts, and
WHEREAS, chapters who have participated in this program have developed chapter
strength and power in relation to their internal structure by recruiting site
representatives at each site, and
WHEREAS, chapters have used this time to grow their Victory Club membership, and
WHEREAS, chapters who have used their release time effectively, need to maintain
the work they have accomplished through the auspices of the Chapter
Release Time Program, and
WHEREAS, chapters who lose the funding provided by the Chapter Release Time
Program are in jeopardy of losing their negotiated release time and their
accomplishments may be eroded or erased, and
WHEREAS, funds for this program have never exceeded the allotment, and
WHEREAS, it is beneficial to the Chapter and Association to sustain the success that
has been achieved under the Release Time Program, and
WHEREAS, in this economic climate, chapters are prevented from raising dues to
cover this cost, and
WHEREAS, the Release Time Committee has the ability to deny participation of those
Chapters not fulfilling their obligations to the program, or to exclude
Chapters that would not benefit from participation;
BE IT THEREFORE RESOLVED: That Policy 623.4.02 be amended to allow
participants in the Chapter Release Time Program to continue as long as they meet
their obligations as outlined in Policy 623; and, effective September 1, 2010, chapters
who were previously excluded due to the five-year limit shall have thirty days to apply
and be considered for participation in the Chapter Release Time Program.
AND BE IT FURTHER RESOLVED: That the program budget be limited to $50,000 in
any one fiscal year.
AND BE IT FURTHER RESOLVED: That change to this policy can only be made by
delegate body action at Conference.
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Resolution No. 9 – continued
AND BE IT FURTHER RESOLVED: That Policy 623 be amended as follows:
623
CHAPTER RELEASE TIME PROGRAM
.1
.2
Intent. The intent of this program is to:
.01
Build the Union by enhancing service and member involvement in
chapters in the areas of grievance processing, political activity, site
representative and job steward programs, internal chapter
communications, and membership recruitment. Other areas may be
considered if deemed to be of overall benefit to strengthening the
chapter.
.02
Encourage and assist chapters to negotiate District-paid release
time into their contract.
Eligibility to Participate
Chapters eligible to participate in this program are those that intend to
develop chapter strength and power in relation to their internal structure or
change the conditions of their external environment.
.3
Release Time Committee
The Association President shall annually appoint a Release Time
Committee, who shall be responsible for program administration in
accordance with the requirements as outlined herein.
Program information and application forms shall be provided to chapters
no later than March 1 of each year, with additional copies available upon
request to CSEA Headquarters or Field Offices.
.4
Program Details
.01
Chapters must submit an application form to be received no later
than May 15 of each year with a detailed ―plan of action‖ for its use
of the designated release time (for such purposes as outlined in .1
above) on such forms. The application form must be signed by the
Chapter President and the assigned Labor Relations
Representative.
.02
Participation in the program must be approved by action of the
chapter membership. Minutes of the chapter meeting at which the
program was properly approved (moved/ seconded/carried) must
be submitted with the chapter's application and signed by the
Chapter Secretary. Chapters who have previously participated in
the Chapter Release Time Program must also include data to
demonstrate attainment of the previous year‘s goals.
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Resolution No. 9 – continued
Chapters who have participated in the program for five (5) years
must wait at least three (3) full year(s) before re-applying for the
program.
.03
.04
The Association will reimburse the employer for 50% of the costs of
the release time requested by the chapter as outlined in its ―plan of
action,‖ up to a maximum of $5,000. The chapter shall be required
to match the amount of release time funds allocated by the
Association. The chapter's "matching funds" commitment may
come from any of the following sources:
(a)
Use of existing negotiated release time.
(b)
District agreement to waive the chapter's portion of the
required reimbursement.
(c)
Chapter funds, with membership approval. The Association
will reimburse the employer upon proof that the chapter‘s
contribution has been paid.
In lieu of .03, the chapter may request the Association to reimburse
up to $5,000 to the district for release time for chapters in the
Chapter Release Time Program who participate in CSEAsponsored volunteer projects. (See Guidelines.)
(a)
Volunteer hours may be accumulated up to one year prior to
the chapter beginning its release time program and may
continue through the release time period.
(b)
The chapter will receive one hour of release time for each
hour of volunteer time.
.05
Chapters must designate person(s) in the chapter who are to
receive the CSEA reimbursed release time. The selection is to be
made by the chapter's Executive Board in consultation with the
Labor Relations Representative.
.06
Release time for the program is for a continuous period within one
school year (September – August). The Chapter Release Time
Program will continue as long as all requirements of the program
continue to be met during this period.
.07
Labor Relations Representatives are available to work closely with
the designated person(s) in accomplishing the goals outlined in the
chapter's "plan of action."
.08
Program participants shall be required to submit monthly reports to
the chapter and the Association on the project's progress. Said
monthly reports shall be on forms provided by the Release Time
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Resolution No. 9 – continued
Committee, and must be presented at the chapter‘s monthly
meetings. A copy of the approved chapter minutes must also be
submitted within 30 days of the approval date. The Release Time
Committee may also require the submission of additional
documents, such as the Treasurer‘s Report, as it determines
necessary.
The reports, minutes, and other required documents will be mailed
to the Field Operations Department on a monthly basis. Copies of
the reports will be sent to the Release Time Committee members,
Area Director, Regional Representative, and Field Office.
If said monthly reports and required documents are not submitted
within thirty (30) calendar days, the Association's monetary release
time commitment will end. The Chapter President and the employer
will be notified immediately.
The Release Time Committee Chair shall have the authority, upon
request and good cause shown, to extend these timelines.
.5
The Release Time Committee shall review all applications and ―plans of
action‖ submitted within the required deadline, and shall submit its
recommendations for participation in the program to the Board of
Directors, not to exceed $50,000 per fiscal year.
.6
Changes in this policy may be effected only by action of the delegates to
an Annual or Special Conference of the Association.
Certified January 30, 2010, postmark
Donna D‘Arcy, Association Secretary
Submitted by Irvine Chapter 517
Area H, Region 49
Approved at December 14, 2009,
Chapter Meeting
/s/ Janelle Y. Cranch, Chapter President
/s/ Sylvia (Sally) Warner, Chapter
Secretary
Committee Analysis and Recommendation:
Resolution No. 9 proposes to revise Policy 623 by (1) deleting language that requires
chapters who have participated in the program for five years must wait at least three
years before re-applying for the program; (2) limiting the annual expenditure for this
program to $50,000; and (3) adding language that requires all revisions to Policy 623 be
approved by delegates at an Annual or Special Conference.
Currently, the policy provides that chapters may apply for matching funds for release
time costs. The maximum amount of funds available to a chapter is $5,000 per year.
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Resolution No. 9 – continued
The chapter may use existing negotiated language, employer-provided release time,
chapter funds, or time spent on CSEA-sponsored volunteer projects. Applications for
the program are submitted to the Release Time Committee, who makes
recommendations to the Board of Directors for final action.
Policy 623 was adopted by the Board of Directors with the following intent statement –
Build the Union by enhancing service and member involvement in agency shop
chapters in the areas of grievance processing, political activity, site
representative and job steward programs, internal chapter communications, and
membership recruitment. Other areas may be considered if deemed to be of
overall benefit to strengthening the chapter.
Encourage and assist chapters to negotiate District-paid release time into their
contract.
In January 2009, the Board of Directors amended this policy and program to limit a
chapter‘s participation in the program to five years. After a chapter has participated in
the program for five years, the chapter must wait at least three full years before reapplying for the program.
For the 2007/2008 fiscal year, the Association approved 12 chapters for participation in
the program. $57,500 was budgeted for the program of which $24,883 were expended.
For the 2008/2009 fiscal year, the Association approved 11 chapters for participation in
the program. $52,500 was budgeted for the program of which $39,496 was expended.
For the 2009/2010 fiscal year, the Association approved 7 chapters for participate in the
program. $52,500 was budgeted for the program of which $24,435 was expended (as
of March 31, 2010).
Budget Impact: The Chief Financial Officer estimates that implementation of
Resolution No. 9 could increase expenses by $50,000 for the 2010/2011 fiscal year,
depending on the Release Time Committee‘s recommendation.
The Resolutions Committee understands the submitting unit‘s frustration with the recent
policy revision that limited the number of years a chapter could participate, especially
when budgeted funds are not fully expended each year. However, the Resolutions
Committee believes that the program‘s intent is not to provide ongoing financial
reimbursement to chapters for release time costs. Instead, the program is intended to
provide assistance for chapter-building projects (such as improving site representative
and job steward programs) and to encourage and assist chapters to negotiate
employer-paid release time into their contract. Many of the chapters that have
benefitted from this program have strong treasuries and choose to spend their funds on
operating costs other than release time.
If program budgeted funds are not fully expended, it is because chapters did not
complete their project and/or employers did not invoice CSEA for the release time. The
Association is required to budget the amount of approved funds based on the submitted
applications. It is not fiscally responsible to budget less than the amount approved for
the program.
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Resolution No. 9 – continued
The Resolutions Committee considers this program a valuable resource for chapters
who are building internal strength. The limit on the number of years that a chapter can
apply for the program increases the number of chapters able to receive assistance. The
committee believes that the three-year waiting period in the policy provides for ―across
the board‖ fairness for chapter participation.
Finally, the Resolutions Committee has significant concerns with the proposed provision
that requires delegate approval of program and policy revisions. The Association‘s
governing documents clearly provide that the elected Board of Directors is the policymaking body of the organization. It is extremely rare to limit the Board‘s ability to revise
policy as the Association‘s economic and organizational environment changes.
The Resolutions Committee recommends a NO vote on Resolution No. 9.
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RESOLUTION NO. 10
Leadership Institute Proportional Funding for Area Directors
WHEREAS, inequalities in funding for the Annual Area Leadership Institute exists due
to all Areas receiving the same amount of funding for said event, and
WHEREAS, large differences exist in the number of ―Active‖ members represented by
each Area, and
WHEREAS, all ―Active‖ members are assessed Per Capita dues to be used by the
Area Director for Area events, and
WHEREAS, the California School Employees Association represents all ―Active‖
members fairly and equitably, and
WHEREAS, all Areas need to be funded proportionately based on their ―Active‖
membership to correct this inequality;
BE IT THEREFORE RESOLVED: That the Association is directed to take action to
impose a $3,000.00 increase in funding for Area Leadership Institute to all Area
Directors using a base ―Active‖ membership of 10,000 and increasing by $3,000.00 for
each additional 5,000 ―Active‖ members per area.
Certified February 1, 2010, postmark
Donna D‘Arcy, Association Secretary
Submitted by Hemet Chapter 104
Area F, Region 91
Approved at January 27, 2010,
Chapter Meeting
/s/ Bonnie Little, Chapter President
/s/ Sandra Blasic, Chapter Secretary
Author’s Statement
Area Leadership Institutes are held annually and is an opportunity for chapter leaders to
receive specialized training specifically for concerns or issues in their area. It‘s also a
time for chapter leaders to converse with other chapter leaders and gain the pulse of the
region.
CSEA has a reputation for having the best training in the state, bar none, and with all of
the concerns the state has put on the backs of school districts and classified employees
our chapter leaders need to have the opportunity to participate in these important
institutes and the information they bring.
Currently the State Association funds each Area/Area Director the same amount,
$35,000.00, to support their area and their events for their chapter leaders. This is not
proportionally based on each areas member numbers. We have 10 areas throughout
California with 746 active chapters and the active membership ranges from the smallest
area with 13,000+ members, to the largest area with 33,000+ members. All active
members are assessed per capita dues to the state association, assessed at a rate of
1.5% of the first $2,175 of monthly gross salary. The amount of per capita dues
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Resolution No. 10 – continued
collected by our State Association per area varies based on the active membership.
This is proportional collection based on the active membership of the area.
Hemet Chapter 104 believes that the current $35,000.00 issued by the State
Association, to the Area/Area Directors, is an inequality in funding and does not fairly
nor equitably represent the members proportionately in all the areas for their Leadership
Institutes.
Hemet Chapter 104 also believes that a proportional funding formula based on
membership numbers would be appropriate so all of our individual areas have the same
chance to have their chapter leaders participate equitably.
Hemet Chapter 104 recommends a proportional formula that starts with a base of
10,000 plus members to receive an increase of $3,000.00, which would increase our
smallest areas funding to $38,000.00 and an additional $3,000.00 per 5,000 members
for areas of larger membership, i.e. additionally areas with 15,000 to 19,999 members
would receive a $6,000.00 increase, areas with 20,000 to 24,999 members would
receive a $9,000.00 increase, areas with 25,000 members to 29,999 members would
receive a $12,000.00 increase, areas with 30,000 to 34,999 members would receive a
$15,000.00 increase to the current $35,000.00 funding and further if an area‘s active
membership numbers demands such an increase.
The current fiscal impact for Area Leadership Institute funding is $350,000.00. The
fiscal impact of this resolution would increase this fiscal impact to $434,000.00. This is
a small amount to increase our Leadership Institute participation for the hard working
Chapter Leadership of CSEA throughout the state on a more equitable basis.
Hemet Chapter 104 urges you to pass this resolution with a Yes vote.
Committee Analysis and Recommendation:
Resolution No. 10 proposes to fund Area Leadership Institutes on a proportional basis
based on Area membership.
Currently, five of the ten Areas hold institutes in the even-numbered years and five
Areas hold institutes in the odd-numbered years. Each institute is budgeted at $35,000.
The total annual budget for five institutes is $175,000.
Resolution No. 10 proposes that all institutes receive at least an additional $3,000 in
budget. In addition, Areas with more than 10,000 members shall receive another
$3,000 for each 5,000 additional Active members in the Area, as follows:
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Resolution No. 10 – continued
Area
A
B
C
D
E
F
G
H
I
K
Current
budget
$35,000
$35,000
$35,000
$35,000
$35,000
$35,000
$35,000
$35,000
$35,000
$35,000
Additional
Basic Funds
$3,000
$3,000
$3,000
$3,000
$3,000
$3,000
$3,000
$3,000
$3,000
$3,000
Membership
(not incl. fee
payers)
14,738
11,633
18,721
15,448
21,055
29,334
22,761
17,769
14,285
17,430
Membership over
10,000
4,738
1,633
8,721
5,448
11,055
19,334
12,761
7,769
4,285
7,430
Additional
$3,000 for
each 5,000
over 10,000
members
$0
$0
$3,000
$3,000
$6,000
$9,000
$6,000
$3,000
$0
$3,000
2010/2011 FY
Current
budget
Increase
2011/2012 FY
Current
budget
Increase
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Proposed
funding per
Resol. 10
$38,000
$38,000
$41,000
$41,000
$44,000
$47,000
$44,000
$41,000
$38,000
$41,000
$205,000
$175,000
$30,000
$208,000
$175,000
$33,000
Budget Impact: The Chief Financial Officer estimates that implementation of
Resolution No. 10 would increase expenses by $30,000 for the 2010/2011 fiscal year;
and by $33,000 for the 2011/2012 fiscal year.
The Resolutions Committee notes that the resolution misstates the facts. For example,
there are not ten institutes per year. As clarified above, there are five institutes each
year. As such, the annual budget for Area Institutes is currently $175,000, not
$350,000.
The Resolutions Committee understands that there are several variables in the cost of
holding an Area Institute, such as facility costs, location, required travel, program costs,
and number of attendees. The Area Director determines who is invited to the institute.
Some focus on chapter leaders; some focus on new chapter leaders; and some Area
Directors invite all rank-and-file members who are accepted on a first-come, first-come
basis. Simply increasing the budget for an Area‘s institute may not necessarily change
the invitation list and it certainly would not result in an event that all the Area‘s members
could attend. In Areas where the officers are invited, large Areas with less chapters
benefit. Areas with large geographic experience higher travel costs. Urban areas with
several union facilities in the vicinity may have an advantage over rural areas with
limited choices on facilities.
The committee also acknowledges that Area Institutes are not the only opportunity for
leadership training. There are numerous opportunities for chapter officer training, such
as annual Officer Skills Training, Job Steward Training, Bargaining Academies, etc.
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Resolution No. 10 – continued
Finally, the Resolutions Committee strongly believes that a significant increase in
expenses in these difficult economic times is not prudent and may result in reductions in
other essential programs and staff positions.
The Resolutions Committee recommends a NO vote on Resolution No. 10.
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RESOLUTION NO. 11
CSEW Week Proportional Funding for Area Directors
WHEREAS, inequalities in funding for the Annual California School Employees Week
celebrations exists due to all Areas receiving the same amount of funding
for said event, and
WHEREAS, large differences exist in the number of ―Active‖ members represented by
each Area, and
WHEREAS, all ―Active‖ members are assessed per capita dues to be used by the Area
Director for Area events, and
WHEREAS, the California School Employees Association represents all ―Active‖
members fairly and equitably, and
WHEREAS, all Areas need to be funded proportionately based on their ―Active‖
membership to correct this inequality;
BE IT THEREFORE RESOLVED: That the Association is directed to take action to
impose a $300.00 increase in funding for CSEW week to all Area Directors using a base
―Active‖ membership of 10,000 members and increasing by $300.00 for each additional
5,000 ―Active‖ members per area.
Certified February 1, 2010, postmark
Donna D‘Arcy, Association Secretary
Submitted by Hemet Chapter 104
Area F, Region 91
Approved at January 27, 2010,
Chapter Meeting
/s/ Bonnie Little, Chapter President
/s/ Sandra Blasic, Chapter Secretary
Author’s Statement
CSEW week is a week of celebration of recognition for the excellent work and
commitment of classified employees in their school districts within the State of
California. Currently our State Association funds each Area/Area Director the same
amount, $3,500.00, to support their area and their events for their ―Active‖ membership.
This is not proportionally based on each areas active members. We have 10 areas
throughout California and the active membership ranges from the smallest, with
13,000+ members, to the largest with 33,000+ members. All active members are
assessed per capita dues to the State Association, assessed at a rate of 1.5% of the
first $2,175 of monthly gross salary. The amount of per capita dues collected by the
State Association per area varies based on the active membership. This is proportional
collection based on the active membership of the area.
Hemet Chapter 104 believes that the current $3,500.00 issued by the State Association,
to the Area/Area Directors, is an inequality in funding and does not fairly nor equitably
represent the members proportionately in all the areas for the CSEW recognition week
celebration.
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Resolution No. 11 – continued
As an example: Our smallest area represents 13,000+ members and receives $0.26
per member for use by their Area Director for CSEW week. Our largest are represents
33,000+ active members and receives $0.10 per member for use by their Area Director
for CSEW week. The areas between the smallest area and the largest area also have
lower amounts to use for their members ranging from $0.13 to $0.19 per member.
CSEW week funding should be proportionally based on an areas active membership not
on a flat rate for all…
The intent of this resolution is not to disparage the members of any area due to their
size but to have a more reasonable funding rate to support the members of all areas
during the CSEW recognition week celebrations.
Hemet Chapter 104 believes that a proportional funding formula based on an areas
membership would be appropriate so all of our individual areas have the same chance
to celebrate equitably.
Hemet Chapter 104 recommends a proportional formula that starts with a base of
10,000 plus members to receive an increase of $300.00, which would increase our
smallest areas funding to $3,800.00 and an additional $300.00 per 5,000 members for
areas of larger membership, i.e. additionally, areas with 15,000 to 19,999 members
would receive a $600.00 increase, areas with 20,000 to 24,999 members would receive
a $900.00 increase, areas with 25,000 members to 29,999 members would receive a
$1,200.00 increase, areas with 30,000 to 34,999 members would receive a $1,500.00
increase to the current $3,500.00 funding and further if the areas active membership
numbers demand such an increase.
The current fiscal impact for CSEW recognition week funding is $35,000.00. The fiscal
impact of this resolution would increase this fiscal impact to $43,400.00. This is a small
amount to recognize the hard workers of CSEA on a more equitable basis.
Hemet Chapter 104 urges you to pass this resolution with a Yes vote.
Committee Analysis and Recommendation:
Resolution No. 11 proposes to fund Classified School Employee Week (CSEW) events
on a proportional basis based on Area membership.
Currently, CSEW events and/or activities are held in all of the ten Areas. Each Area‘s
CSEW budget is $3,500. The total annual budget for CSEW in all ten Areas is $35,000.
Resolution No. 11 proposes that all Area CSEW events/activities receive at least an
additional $300 in budget. In addition, Areas with more than 10,000 members shall
receive another $300 for each 5,000 additional Active members in the Area, as follows:
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Resolution No. 11 – continued
Area
A
B
C
D
E
F
G
H
I
K
4
5
6
7
8
9
10
11
12
13
14
15
16
Current
budget
$3,500
$3,500
$3,500
$3,500
$3,500
$3,500
$3,500
$3,500
$3,500
$3,500
Additional
Basic Funds
$300
$300
$300
$300
$300
$300
$300
$300
$300
$300
Membership
(not incl fee
payers)
14,738
11,633
18,721
15,448
21,055
29,334
22,761
17,769
14,285
17,430
Membership over
10,000
4,738
1,633
8,721
5,448
11,055
19,334
12,761
7,769
4,285
7,430
Additional
$300 for each
5,000 over
10,000
members
$0
$0
$300
$300
$600
$900
$600
$300
$0
$300
2010/2011 FY
Current
budget
Increase
Proposed
funding per
Resol. 11
$3,800
$3,800
$4,100
$4,100
$4,400
$4,700
$4,400
$4,100
$3,800
$4,100
$41,300
$35,000
$6,300
Budget Impact: The Chief Financial Officer estimates that implementation of
Resolution No. 11 would increase expenses by $6,300 for the 2010/2011 fiscal year.
The Resolutions Committee agrees that the Classified School Employee Week is an
excellent opportunity to celebrate and recognize the excellent work and commitment of
classified school workers. There is no better time than now to use this week to
communicate the Association‘s values as well as to publicize our efforts to properly fund
public education. While Resolution No. 11 would require a modest increase to the
Association‘s expenditures, the committee believes it is a prudent use of resources.
The Resolutions Committee recommends a YES vote on Resolution No. 11.
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RESOLUTION NO. 12
Salary Cap Enhancement Resolution
(Revised by Resolutions Committee to put in proper form for action)
WHEREAS, CSEA expects to lose approximately 25,000 members this year; this loss
of membership dues could be as high as 8.3 million dollars in lost
revenue, and
WHEREAS, Association dues are based currently on the basis of 1.5% of the first
$2,450.00 a member earns, and
WHEREAS, in order to ensure that member services are kept at their current levels,
and to prevent the possible loss of our labor representatives, salary
decreases and more furlough days, we propose the following;
BE IT THEREFORE RESOLVED: We propose to raise the current Association dues
cap by $50.00 a year for three consecutive years. This would be for the 2011, 2012, and
2013 school years. Dues would increase seventy-five cents per month and $7.50 per
year for anyone making $2,500.00, $2,550.00 and $2,600.00 and above in future years.
This means that there will be no increase for members making less than the current cap
with this proposal.
AND BE IT FURTHER RESOLVED: That, effective September 1, 2011, Article VII,
Section 1, of the Bylaws be amended as follows:
Effective September 1, 2011
BYLAWS
ARTICLE VII
DUES AND ASSESSMENTS
Section 1.
ANNUAL PER CAPITA DUES
(a)
The per capita dues of the Association shall be assessed at the rate of
1.5% of the first $2,450 $2,500 of monthly gross salary (exclusive of overtime but
including longevity, professional growth and anniversary increments), but shall not
exceed a maximum assessment of $367.50 $375.00 annually, in accordance with
procedures as set forth below. Local chapters may assess additional local dues as
authorized within their local Constitutions.
(b)
Unless the member chooses to remit annually in advance as permitted
under paragraph (d) below, payment shall be by payroll deduction. The monthly
deductions [at the rate set forth in paragraph (a) above], shall commence in September
of each year and continue through the following August, or until a maximum of $367.50
$375.00 has been deducted during said twelve-month period.
(c)
Remittances for all CSEA dues/fees and other CSEA payments authorized
for payroll deduction shall be via a system of direct payment, whereby the monthly
payroll deduction lists and warrants shall be remitted directly to the Association
Headquarters by the appropriate agency/employer, with such remittances due to the
Association no later than the 30th day of the following month. The Association shall then
Resolution No. 12 – continued
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reimburse the chapter for its portion of dues/fees collected within 30 days of receipt of
the remittance from the agency/employer.
(1)
Should any chapter so desire, the Association will: (a) work with the
appropriate agency/employer to arrange for a separate warrant for the chapter‘s portion
of dues/fees to be paid directly to the chapter; or (b) provide an advance payment for
monthly chapter dues.
(d)
Members who choose to pay their per capita dues assessments annually
in advance shall remit same direct to Association Headquarters no later than September
30 of each year. Such annual assessments shall be based on the salary schedule
existing as of September 1, and calculated by totaling the member‘s monthly projected
gross salary for each month in regular paid status assigned to the position (including
projected longevity, professional growth and anniversary increments), multiplied by
1.5%, to a maximum of $367.50 $375.00, plus the annual local chapter dues.
(e) Chapter Treasurers receiving payments for Association per capita dues/fees
and other payments owed to the Association shall remit the same to Association
Headquarters within 30 days of receipt.
AND BE IT FURTHER RESOLVED: That, effective September 1, 2012, Article VII,
Section 1, of the Bylaws be amended as follows:
Effective September 1, 2012
BYLAWS
ARTICLE VII
DUES AND ASSESSMENTS
Section 1.
ANNUAL PER CAPITA DUES
(a)
The per capita dues of the Association shall be assessed at the rate of
1.5% of the first $2,500 $2,550 of monthly gross salary (exclusive of overtime but
including longevity, professional growth and anniversary increments), but shall not
exceed a maximum assessment of $375.00 $382.50 annually, in accordance with
procedures as set forth below. Local chapters may assess additional local dues as
authorized within their local Constitutions.
(b)
Unless the member chooses to remit annually in advance as permitted
under paragraph (d) below, payment shall be by payroll deduction. The monthly
deductions [at the rate set forth in paragraph (a) above], shall commence in September
of each year and continue through the following August, or until a maximum of $375.00
$382.50 has been deducted during said twelve-month period.
(c)
Remittances for all CSEA dues/fees and other CSEA payments authorized
for payroll deduction shall be via a system of direct payment, whereby the monthly
payroll deduction lists and warrants shall be remitted directly to the Association
Headquarters by the appropriate agency/employer, with such remittances due to the
Association no later than the 30th day of the following month. The Association shall then
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Resolution No. 12 – continued
reimburse the chapter for its portion of dues/fees collected within 30 days of receipt of
the remittance from the agency/employer.
(1)
Should any chapter so desire, the Association will: (a) work with the
appropriate agency/employer to arrange for a separate warrant for the chapter‘s portion
of dues/fees to be paid directly to the chapter; or (b) provide an advance payment for
monthly chapter dues.
(d)
Members who choose to pay their per capita dues assessments annually
in advance shall remit same direct to Association Headquarters no later than September
30 of each year. Such annual assessments shall be based on the salary schedule
existing as of September 1, and calculated by totaling the member‘s monthly projected
gross salary for each month in regular paid status assigned to the position (including
projected longevity, professional growth and anniversary increments), multiplied by
1.5%, to a maximum of $375.00 $382.50, plus the annual local chapter dues.
(e)
Chapter Treasurers receiving payments for Association per capita
dues/fees and other payments owed to the Association shall remit the same to
Association Headquarters within 30 days of receipt.
AND BE IT FURTHER RESOLVED: That, effective September 1, 2013, Article VII,
Section 1, of the Bylaws be amended as follows:
Effective September 1, 2013
BYLAWS
ARTICLE VII
DUES AND ASSESSMENTS
Section 1.
ANNUAL PER CAPITA DUES
(a)
The per capita dues of the Association shall be assessed at the rate of
1.5% of the first $2,550 $2,600 of monthly gross salary (exclusive of overtime but
including longevity, professional growth and anniversary increments), but shall not
exceed a maximum assessment of $382.50 $390.00 annually, in accordance with
procedures as set forth below. Local chapters may assess additional local dues as
authorized within their local Constitutions.
(b)
Unless the member chooses to remit annually in advance as permitted
under paragraph (d) below, payment shall be by payroll deduction. The monthly
deductions [at the rate set forth in paragraph (a) above], shall commence in September
of each year and continue through the following August, or until a maximum of $382.50
$390.00 has been deducted during said twelve-month period.
(c)
Remittances for all CSEA dues/fees and other CSEA payments authorized for
payroll deduction shall be via a system of direct payment, whereby the monthly payroll
deduction lists and warrants shall be remitted directly to the Association Headquarters
by the appropriate agency/employer, with such remittances due to the Association no
later than the 30th day of the following month. The Association shall then reimburse
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Resolution No. 12 – continued
the chapter for its portion of dues/fees collected within 30 days of receipt of the
remittance from the agency/employer.
(1)
Should any chapter so desire, the Association will: (a) work with the
appropriate agency/employer to arrange for a separate warrant for the chapter‘s portion
of dues/fees to be paid directly to the chapter; or (b) provide an advance payment for
monthly chapter dues.
(d)
Members who choose to pay their per capita dues assessments annually
in advance shall remit same direct to Association Headquarters no later than September
30 of each year. Such annual assessments shall be based on the salary schedule
existing as of September 1, and calculated by totaling the member‘s monthly projected
gross salary for each month in regular paid status assigned to the position (including
projected longevity, professional growth and anniversary increments), multiplied by
1.5%, to a maximum of $382.50 $390.00, plus the annual local chapter dues.
(e)
Chapter Treasurers receiving payments for Association per capita
dues/fees and other payments owed to the Association shall remit the same to
Association Headquarters within 30 days of receipt.
Certified February 1, 2010, postmark
Donna D‘Arcy, Association Secretary
Submitted by Yucaipa-Calimesa
Chapter 209
Area F, Region 18
Approved at January 29, 2010,
Chapter Meeting
/s/ Ed Bethurum, Chapter President
/s/ Darla Perazzo, Chapter Secretary
Committee Analysis and Recommendation:
Resolution No. 12 proposes to increase the salary cap on which Association dues are
assessed from $2,450 per month to $2,500 per month, effective September 2011; to
$2,550 per month, effective September 2012; and to $2,600 per month, effective
September 2013. Members paying the maximum Association dues assessment of
$36.75 per month would experience a dues increase of 75 cents per month ($7.50 per
year) in the 2011/2012 dues year; an additional increase of 75 cents per month in the
2012/2013 dues year; and an additional increase of 75 cents per month in the
2013/2014 dues year.
Members who earn less than $2,500 would experience no dues increase in the
2011/2012 dues year. Members who earn less than $2,550 would experience no dues
increase in the 2012/2013 dues year. And, members who earn less than $2,600 would
experience no dues increase in the 2013/2014 dues year.
Budget Impact: The Chief Financial Officer estimates that implementation of
Resolution No. 12 would increase revenue by $1,600,000 for the 2011/2012 fiscal year.
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Resolution No. 12 – continued
The Resolutions Committee recognizes that CSEA lost over 3,000 members during the
2008/2009 fiscal year, and budgeted an additional loss of 7,000 members during the
2009/2010 fiscal year. CSEA received $62,001,806 in dues revenue in the 2008/2009
fiscal year, and budgeted $59,403,234 in dues revenue in the 2009/2010 fiscal year (a
reduction of $2,598,572). For every 1,000 members lost, the Association experiences a
reduction of nearly $300,000 in annual dues revenue.
The committee has no doubt that, if education funding is cut any further, CSEA will lose
thousands of additional members, resulting in reduced dues revenue. Under these
conditions, the Association has two options – increase revenue or decrease expenses.
In other words, if the Association does not increase revenue, it will have no option but to
significantly reduce member programs and services, including staff positions.
The Resolutions Committee acknowledges that Resolution No. 12 helps replenish the
lost dues revenue from membership losses, but feels that our members cannot absorb a
dues increase in this difficult economic environment. Even though the resolution
proposes to increase dues nominally for members who are paying less than 1.5% of
their monthly gross income, the Resolutions Committee recommends a NO vote on
Resolution No. 12.
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Resolutions
Part 2
General Policy Resolutions
Presented by the Resolutions Committee
Resolution Nos. 2, 3, 4, 5, 8, and 13
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RESOLUTION NO. 2
Dues Delinquency
WHEREAS, Article VII, Section 1(c), of the Association‘s Bylaws requires that
remittances for all CSEA dues and fees (paid via payroll deduction) shall
be remitted to the Association Headquarters by the appropriate
agency/employer no later than the 30th day of the month following the
deduction from the member‘s payroll warrant, and
WHEREAS, Article VII, Section 1(d), of the Association‘s Bylaws requires members
who choose to pay their annual dues in advance must remit their dues
payment no later than September 1 of each year, and
WHEREAS, Article II, Section 6, of the Association‘s Constitution includes outdated
language allowing for 90-day arrearages, and
WHEREAS, all member dues and fees are either paid by payroll deduction or in
advance, and
WHEREAS, former members and fee payers are identified as ―in good standing‖ for 90
days after leaving employment in a CSEA bargaining unit position, and
WHEREAS, maintaining these former members and fee payers as Active members in
good standing for 90 days results in misleading membership statistics and
critical delays in financial forecasting, and
WHEREAS, CSEA maintains historical records on individuals who drop from
membership for at least five years following their last payment, and
WHEREAS, the language in the Association‘s Constitution regarding dues delinquency
should be consistent with the dues language in the Association‘s Bylaws,
and
WHEREAS, members whose dues are paid late because of a delay in the employer
transmitting the dues to CSEA should not be penalized (consistent with
Association Policy 103.02);
BE IT THEREFORE RESOLVED: That Article II, Section 6, of the Association‘s
Constitution be amended as follows:
CONSTITUTION
ARTICLE II
MEMBERSHIP
Section 6.
DELINQUENCY AND RESIGNATION. Any member whose
monthly per capita dues are not paid within 30 days allowing his/her arrearages for per
capita dues to run over the last day of the third (3rd) month shall be conclusively
presumed to have resigned his/her membership effective on said date, unless said
member notifies the Association‘s Chief Financial Officer thirty (30) days prior thereto
that s/he has not resigned and arrangements for payment of arrearages are made.
there is a delay in transmission of funds by the employing entity.
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Resolution No. 2 – continued
Approved for submission to the 2010 Annual
Conference by the Board of Directors at its
January 16, 2010, Board Meeting
/s/ Allan D. Clark, Association President
/s/ Donna D‘Arcy, Association Secretary
Author’s Statement
Pursuant to Article VII, Section 1, of the Association‘s Bylaws, remittances for all CSEA
dues and fair share service fees are made by one of two methods:
1.
2.
Payroll deduction – Employers deduct the appropriate dues/fees assessments
from payroll warrants and remit them to the Association Headquarters no later
than the 30th day of the following month. Chapters have the option of requesting
separate warrants so that chapter dues may be remitted directly to the chapters.
Direct payment to CSEA – Members who choose to pay their dues in advance
shall remit the total annual assessment s no later than September 30 of each
year.
Unfortunately, there is an outdated provision in the Association‘s Constitution that
conflicts with the above-referenced language. The language in Article II, Section 6, of
the Constitution requires the Association to wait three months before considering a
member as dropped for non-payment of dues/fees. In other words, if a member resigns
from a school district (absent additional information), the Association must continue to
consider this individual as a Active member in good standing for three months following
resignation. (The Association does not count the summer months of July and August as
part of the three-month period since most members do not pay dues during these
months.)
For example:
Member Jane Smith resigned from XYZ School District in June 2009. Jane‘s final
payroll warrant in June 2009 included a deduction for CSEA dues. Because of the
outdated language in the Association‘s Constitution, Jane remained on the membership
rolls as an Active member until December 2009.
This contradiction has resulted in misleading membership statistics, outdated chapter
membership lists, and delays in financial forecasting. Chapter Treasurers receive
membership lists on a monthly basis. Regrettably, these membership lists include
members who have left the bargaining unit, causing additional work and confusion for
the chapter. This is especially problematic if a chapter needs to certify its membership
list for an election.
It is typical for classified employees to leave employment at the end of the school year.
Many of these positions are filled with new classified employees. During the months of
September through November, the new employees are added to the membership rolls
but, because of the constitutional provision, the former employees are also included in
the membership rolls. Then, when the December membership report is calculated, we
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Resolution No. 2 – continued
experience a large membership drop when the former employees finally drop off the
rolls. For example, the December 2009 membership report indicated a membership
drop of 7,960. However, approximately half of these members actually left CSEA
bargaining units months earlier.
Because the Budget Committee recognized the significant negative impact this practice
has on the Association‘s financial reports and budgeting process, the committee has
requested the Board submit a resolution that eliminates the outdated language
regarding a three-month waiting period.
There are occasions when an employer does not remit, on a timely basis, the dues/fees
deducted from bargaining unit payroll warrants. This resolution clearly provides that
members shall not be dropped if there is a delay in the transmission of funds by an
employer.
Your Board of Directors urges you to vote ―YES‖ on this resolution.
Committee Analysis and Recommendation:
Resolution No. 2 proposes to amend Article II, Section 6, of the Association‘s
Constitution to clarify when a member shall be conclusively presumed to have resigned
his/her membership because of non-payment of dues.
Currently, Article II, Section 6, of the Constitution provides that members will not be
presumed to have resigned their membership until three months pass without a dues
payment. This three-month period does not include the summer months when most
members do not have a dues assessment.
Article VII, Section 1, of the Bylaws requires that Association dues (including fair share
service fees) are to be paid by one of two methods:
1. Payroll deduction.
2. Direct payment by check, which must be made on an annual basis no later than
September 30 of each year.
The Resolutions Committee agrees that the constitutional language regarding the 90day waiting period is outdated and contradicts the dues language in the Bylaws. This
inconsistent language results in flawed membership data, including chapter
membership lists that incorrectly include members and fee payers who have left the
bargaining unit and have not paid dues or fees for months.
In consultation with the Budget Committee, the Resolutions Committee recognizes the
significant negative impact this outdated reporting requirement has on the Association‘s
financial reporting and budgeting process. The committee further understands how
important it is for the Association to have current membership statistics for financial
forecasting and resource allocation purposes.
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Resolution No. 2 – continued
Finally, the Resolutions Committee agrees that members should not be dropped if there
is a delay in the payment of dues by employers and appreciates that the resolution
protects these members.
The Resolutions Committee recommends a YES vote on Resolution No. 2.
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RESOLUTION NO. 3
Public Relations Committee – Name Revision to Communications Committee
WHEREAS, the Association has fourteen standing committees that assist the
President and Board of Directors in executing the policies and programs of
the Association, and
WHEREAS, the Public Relations Committee is a standing committee whose purpose
and duties are to be a resource for regional and chapter communicators,
actively encourage chapters to publish chapter newsletters, electronic
publications and other local communications, promote and judge the
Association‘s Communications Awards (Policy 910), and develop and
recommend policy relating to the Association‘s official publications, and
WHEREAS, at a time when we need to reach the broadest audience possible, with
the most effective tools available, ―public relations‖ unduly narrows the
work that needs to be done, and
WHEREAS, public relations is, by definition and practice, far more limiting than a
broad-based integrated communications program, and
WHEREAS, a broad-based, integrated communications program is vital to the success
and long-term viability of our union, and
WHEREAS, our target audience is never limited to the ―public,‖ and
WHEREAS, instead, our audiences are both internal (our members, retirees, education
community) and external (general public, legislators, community decisionmakers) audiences;
BE IT THEREFORE RESOLVED: That CSEA change the Public Relations
Committee‘s name to Communications Committee to most accurately define the
committee‘s mission.
AND BE IT FURTHER RESOLVED: That Article VI, Section 6, of the Association‘s
Constitution be amended as follows:
CONSTITUTION
ARTICLE VI
BOARD AND COMMITTEES
Section 6.
STANDING COMMITTEES.
(a)
The following standing committee members shall be appointed in
accordance with Article I, Section 1(b) of the Bylaws, Budget, Conference, Resolutions,
Education, Insurance, Legislative, Pre-Retirement Resource, Research/Negotiations,
Communications Public Relations, Scholarship, Community College, County Office of
Education, and Merit System. The committees shall consist of a Chairperson and such
number of additional members as approved by the Board of Directors. The committee
members shall serve, at the pleasure of the President, from appointment through the
next Conference held in an odd-numbered year.
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Resolution No. 3 – continued
(b)
In addition to the committees listed above, the Political Action Committee
shall be a standing committee. It shall be appointed and function in accordance with
policy adopted and included in the Policy Handbook.
(c)
Appointments to Standing Committees shall be made from among Active
or Retired Members who are in good standing. Failure to maintain such membership in
good standing shall result in automatic forfeit of the office.
Approved for submission to the 2010 Annual
Conference by the Board of Directors at its
January 16, 2010, Board Meeting
/s/ Allan D. Clark, Association President
/s/ Donna D‘Arcy, Association Secretary
Author’s Statement
The role of communicating with our members has never been more important than it is
now. To succeed in today‘s environment, an organization must have a complete and
integrated communications program.
The Public Relations Committee works in conjunction with the Public Relations staff to
build, monitor, and evaluate our communications program. The Board of Directors
believes that calling the important work of the committee‖ public relations‖ is far too
limiting and it does not adequately represent the work.
CSEA communicates first and foremost with our members – an internal communications
program. And, while the name change should not be thought of as an abandonment of
a public relations program, it is a realization that PR is just one piece of the important
integrated communications program.
Therefore, after careful consideration, and discussion with the entire Public Relations
team, we believe that the name change will move the committee‘s work and our
members‘ understanding of the work to the next level. Your Board of Directors urges
you to vote ―YES‖ on this resolution.
Committee Analysis and Recommendation:
Resolution No. 3 proposes to amend Article VI, Section 6(a), of the Association‘s
Constitution by changing the name of the Public Relations Committee to the
Communications Committee.
The Public Relations Committee is a standing committee whose duties include being a
resource for regional and chapter communicators, encouraging the publishing of
chapter newsletters and other local communications, promoting and judging the
Association‘s Communications Awards, and recommending revisions to policy regarding
the Association‘s publications.
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Resolution No. 3 – continued
The Resolutions Committee agrees that the term ―public relations‖ is limiting and that
―communications‖ is a more accurate and inclusive definition of the work of the
committee. The Public Relations Committee has recognized the need for this change in
terminology, evidenced by its recommendations to change the name of its awards
program to ―Communications Awards‖ and by using the term ―chapter communicators‖
when referencing the members involved in the broad range of member communications.
The Resolutions Committee agrees that changing the Public Relations Committee name
to Communications Committee is logical and more accurately defines the committee‘s
mission, and recommends a YES vote on Resolution No. 3.
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RESOLUTION NO. 4
Revision of Uniform Standards for Filing of Candidacy and
Advertising in CSEA’s Membership Publications
(Revised by Resolutions Committee to put in proper form for action)
WHEREAS, CSEA is a member controlled union, and
WHEREAS, members should be afforded every opportunity to know who is running
for Association Office, and
WHEREAS, running for Association Office should be a fair and equitable process for all
candidates, and
WHEREAS, CSEA should encourage the promotion of all candidates running for
Association Office, and
WHEREAS, an incumbent historically has the advantage over a challenger to an
Association Office, and
WHEREAS, CSEA should not put subjective restrictions on candidates running for
Association Office, and
WHEREAS, past practice of our Association has been to allow free advertisement, in
the Focus Magazine, to all candidates running for Association Office,
subject to certain guidelines, and
WHEREAS, member‘s dues dollars publish the Focus Magazine and any member in
good standing who has filed for candidacy for Association Office should
have access to advertize his/her candidacy in this publication, and
WHEREAS, the CSEA Board of Directors took action to change policy, stating it was a
clarification in policy, when in reality, it changed the practice, and
WHEREAS, this change in practice could obstruct members from running for
Association Office;
BE IT THEREFORE RESOLVED: That Policy 205 - Procedure for Filing for Candidacy
for Association Office, be amended as follows:
205
PROCEDURE FOR FILING FOR CANDIDACY FOR ASSOCIATION OFFICE
.1
The purpose of this policy is to provide uniform standards for filing
candidacy for an Association Office (President, 1st Vice President, 2nd
Vice President and Secretary).
.2
A statement of intent to run for a statewide office must be filed with the
Association Secretary, prior to the first business session of the CSEA
annual conference. If mailed prior to the conference, the statement must
be mailed directly to CSEA Headquarters, Attention: Association
Secretary.
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Resolution No. 4 – continued
.01
.3
Statements of intent received after the opening gavel of the first
business meeting will be automatically disqualified.
Candidates whose statement of intent and accompanying biographical
information are received by the Association Secretary by March 1 will
have their biographical information printed and distributed to all chapters
via a General Information Bulletin (GIB). Said GIB will be mailed no later
than 90 days before the start of CSEA annual conference. Candidates
whose Letters of Intent are received after March 1 will not be listed in said
GIB.
.01
All intended candidates who have met the March 1 deadline are
also entitled to submit ―copy ready‖ campaign advertisements for
publication, free of charge, in CSEA‘s membership publication,
subject to deadline requirement per Policy 307.4.
.02
Intended candidates who fail to meet the March 1 deadlines will
have waived their right to have their biographical information
included in the General Information Bulletin (GIB) pre conference
publication by the Association of their candidates.
AND BE IT FURTHER RESOLVED: That Policy 307.4 – Advertising Policy of CSEA‘s
Membership Publications, be amended as follows:
307
Public Relations [Committee]
.4
Advertising Policy of CSEA’s Membership Publications
.01
Publication of an advertisement does not constitute an
endorsement by the California School Employees Association, nor
does it entitle any advertiser special favors by any member of the
Association.
.02
Advertising inconsistent with the Advertising Guidelines established
by the Public Relation Committee shall not be published.
.03
A member of the Association seeking election to an Association
office (President, 1st Vice President, 2nd Vice President and
Secretary) may promote his or her candidacy through an
advertisement in CSEA‘s membership publications free of charge in
not more than three (3), of the issues immediately preceding the
annual Conference, subject to deadline requirements, and provided
a Letter of Intent has been submitted prior to March 1
advertisement submission deadline.
Qualified members campaigning for Area Director and Alternate
Area Director shall be permitted one free advertisement in the issue
of their choice, subject to deadline requirements, and provided a
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Resolution No. 4 – continued
Letter of Intent has been submitted prior to advertisement
submission deadline.
.04
Advertising and advertising insert rates for CSEA‘s membership
publications shall be established in the Association‘s Advertising
Guidelines.
Certified February 1, 2010,
By Hand-Delivery
Donna D‘Arcy, Association Secretary
Submitted by East Whittier Chapter 87
Area G, Region 11
Approved at January 6, 2010,
Chapter Meeting
/s/ George Pavlis, Chapter President
/s/ Linda Steinman, Chapter Secretary
Author’s Statement
Association Officers are elected at CSEA‘s Annual conference in odd numbered years.
Members that wish to run for an Association Office need to submit a ―Letter Of Intent‖ to
run for office. This letter notifies the Association that said candidate has an interest in
one of the statewide offices. Statements of intent received any time prior to the opening
gavel of the first business meeting will be accepted.
Historically, CSEA has afforded each candidate free advertisements to promote their
candidacies, prior to conference, in CSEA‘s publications (i.e. The Focus Magazine),
with the only requirements being;
1. A statement of intent has been submitted,
2. And an advertisement has been submitted prior to the publication deadlines
set for each printing of the Focus Magazine.
This past year, the CSEA Board of Directors took action to change policy that has
invalidated our past practice. With this change in practice, candidates who do not file by
the deadline of March 1st are no longer entitled to advertisement in the Focus Magazine,
regardless if they meet publication deadlines. Our chapter agrees that there should be
deadlines for submission of advertisements, and there have always been deadlines.
However, we disagree that the deadline should be 158 days prior to CSEA‘s 2011
conference elections.
We also agree that members should be given equal rights to free publications. This is
the essence of democracy. This policy perceivably gives the incumbent an unfair
advantage over new candidates. We would like to see more members vie for
Association office, and this change in policy by the Board of Directors could potentially
discourage members from filing. Our Association should not be involved with subjective
requirements for candidates. CSEA should be instead, promoting the participation of
members to strive for such offices. Additionally, CSEA publications (i.e. The Focus
Magazine) are published with member‘s dues dollars and all candidates should have
access to publicize their candidacy. Furthermore, members should be afforded every
opportunity to know who is running for Association office.
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This change in policy that we are proposing would in fact restore the past practice of
candidates being afforded equal opportunities for free publications from CSEA.
Please feel free to contact our chapter if you have any additional questions regarding
this change in policy. We can be reached at [email protected].
Committee Analysis and Recommendation:
Resolution No. 4 proposes to change Association Policy 205 by eliminating the
requirement that a candidate for Association office (President, 1st Vice President, 2nd
Vice President, or Secretary) must have submitted his/her letter of intent by March 1 in
order to be entitled to a campaign ad in Association membership publications.
Candidates must continue to meet the March 1 deadline to have their biographical
information included in a general information bulletin.
Resolution No. 4 further proposes to change Association Policy 307.4 by deleting the
March 1 deadline referenced above for publication in the Focus magazine. Candidates
must continue to meet the advertisement submission deadlines.
The Association‘s Constitution provides that candidates for Association office must file a
letter of intent prior to commencement of the first business session at the Conference at
which the election is held. Currently, Association Policy provides that a candidate for
Association office who submits a letter of intent by March 1 shall be entitled to have
his/her biographical information distributed to all chapters via a general information
bulletin; and s/he shall be entitled to promote his/her candidacy in not more than three
issues of the Association‘s membership publications, free of charge. However, if the
candidate does not submit a letter of intent by March 1, s/he does not have biographical
information published in a general information bulletin nor is the candidate allowed to
publish a campaign ad in an Association‘s membership publication.
The Resolutions Committee agrees that it benefits the membership to have as much
information as possible about candidates for Association office. The Association‘s
Constitution prescribes the deadline for a candidate for Association office to submit a
letter of intent. As long as a candidate submits a letter of intent and campaign
advertisement copy by the publishing deadline, the campaign advertisement should be
published.
The Resolutions Committee recommends a YES vote on Resolution No. 4. dkj
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RESOLUTION NO. 5
Proclamation of DMV/Donate Life California Month by the
California School Employees Association
WHEREAS, organ tissue, marrow and blood donation are life-giving acts recognized
worldwide as expressions of compassion to those in need, and
WHEREAS, more than 100,000 individuals nationwide and more than 21,000 in
California are currently on the national organ transplant waiting list, and
every 90 minutes one person dies while waiting due to the shortage of
donated organs, and
WHEREAS, the need for donated organs is especially urgent in Hispanic and African
American communities, and
WHEREAS, more than 600,000 units of blood per year are needed to meet the need in
California, and
WHEREAS, at any given time, 6,000 patients are in need of volunteer marrow donors,
and
WHEREAS, a single individual‘s donations of the heart, lungs, liver, kidneys, pancreas
and small intestine can save up to eight lives; donation of tissue can save
and heal the lives of up to 50 others; and a single blood donation can help
three people in need, and
WHEREAS, millions of lives, including many classified employees, each year are
saved and healed by donors of organs, tissues, marrow and blood, and
WHEREAS, the spirit of giving and decision to donate are not restricted by age or
medical condition, and
WHEREAS, California residents can sign up with the donate Life California Registry
when applying for or renewing their driver‘s licenses or ID cards at the
California Department of Motor Vehicles;
BE IT THEREFORE RESOLVED: That in recognition of National Donate Life Month,
the month of April, commencing in 2011, will hereby be proclaimed ―DMV/Donate Life
California Month by the California School Employees Association‖ and in doing so we
encourage all CSEA members to check ―Yes!‖ when applying for or renewing their
driver‘s license or ID card by signing up at www.donateLIFEcalifornia.org or
www.doneVIDAcalifornia.org.
Certified January 27, 2010, postmark
Donna D‘Arcy, Association Secretary
Submitted by Whittier City Chapter 62
Area G, Region 11
Approved at January 20, 2010,
Chapter Meeting
/s/ Wanda Brown, Chapter President
/s/ Tony Garcia, Chapter Secretary
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Author’s Statement
My name is Gloria-Sylvia Hurtado from Whittier City, Chapter 62, Area G. I have been
volunteering with Donate Life for two years. Herein my inspiration to bring this before
you today;
In 1974 my daughter was diagnosed with Juvenile Diabetes; she was nine years old. At
that time the doctor told me she most likely would not see 21. Until you have lived it you
cannot begin to know the anguish.
After a very difficult childhood, my daughter was overjoyed when she began working at
a school in the Whittier City School District as an aid for special needs children. She
was a member of CSEA during that time. This was short lived, less than three years,
she had developed kidney failure.
After a couple of years on dialysis with a wonderful doctor she learned there was hope
in the form of a transplant.
In 2007 my daughter received a double organ (kidney & pancreas) transplant at UCI
and with the support of Donate Life and fantastic doctors; she has begun a new life.
She will celebrate her third year anniversary in November, a third year free of Diabetes
or Dialysis.
My daughter is employed full time, unfortunately she had to give up the dream of
teaching (due to the low immune system) but she works now in the happiest place on
earth.
This is only my story, the life of my daughter who would more than likely not be with me
today. In the last year alone I have heard of numerous CSEA employees or family
members that now face a similar or even worse scenarios. Heart transplants, liver
transplants, skin graphs, and who among us does not know someone who was saved
by a blood transfusion? How many other lives from our own Union, have been or will be
saved by a transplant?
Two years ago I lost to cancer a dear friend and co-worker, a teacher at our school. His
greatest joy during his last days was to know that he would be able to donate some part
of his body that had not been ravished by the cancer; he would be of use to someone;
his gift, his eyes.
I implore you to consider what your gift may mean to somebody‘s loved one.
If you know of someone who is in need of an organ, please, call Donate Life. It is a
wonderful organization that can provide support, information, and contacts for those in
need.
I respect those who would abstain on religious grounds and would ask that our beliefs
and those of Donate Life be respected also.
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Committee Analysis and Recommendation:
Resolution No. 5 proposes that, commencing in 2011, the month of April shall be
proclaimed ―DMV/Donate Life California Month‖ by the California School Employees
Association to encourage all CSEA members to commit to donating organs, tissue,
marrow, and blood by checking ―yes‖ when applying for or renewing their driver‘s
license or identification card. The resolution‘s author requests that reference to the
―Donate Life Month‖ be included in the CSEA pocket calendar and other similar
publications.
In 2003, former President Bush first announced that the month of April will be observed
as National Donate Life Month. The published intent is to raise public awareness of the
critical need for organ, tissue, marrow, and blood donation. The State of California has
also declared April as DMV/Donate Life Month in California. Since its formation in 2004,
Donate Life California has registered more than 4.3 million organ donors, with most
registrations occurring through its partnership with the Department of Motor Vehicles.
While the Resolutions Committee recognizes that these precious gifts can save
thousands of lives, the committee suggests that the resolution‘s proposal may not be
the best way of promoting the cause. Without suggesting that this cause has no value,
there are lots of issues that are important to our members. Not all of them can or
should be included in our publications, especially those that are not directly related to
education or labor.
While the committee does not believe that there should be a mandate to publicize this
cause in CSEA‘s publications via the passage of this resolution, the committee does
recommend that the Public Relations Committee review the proposal and determine if
limited publication would be appropriate.
The Resolutions Committee recommends a NO vote on Resolution No. 5.
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RESOLUTION NO. 8
Update on Factors Outside of California
WHEREAS, the California School Employees Association prides itself on being a
member-run Union, functioning in a democratic manner, and
WHEREAS, the first requirement for any democratic election is an informed electorate,
and
WHEREAS, members who are well informed make a union stronger, and
WHEREAS, CSEA has acknowledged its place in the larger community of unions by
aligning itself with the AFL-CIO and other state and national organizations,
and
WHEREAS, CSEA employs knowledgeable professionals who are afforded a first-hand
look at the big picture of union organization and operation in California, in
the United States and even on the global stage, and
WHEREAS, some of that staff customarily address the members at the annual
conference, and
WHEREAS, each year the annual conference affords the single best chance to
communicate directly with the largest number of members;
BE IT THEREFORE RESOLVED: That the Director of Field Operations, the Assistant
Director of Governmental Relations, the Executive Director, as well as the Association
President each include in his/her scheduled address to the delegates at each future
annual conference the top factors outside the state of California that each believes will
have the potential for the greatest impact on the membership in the foreseeable future.
AND BE IT FURTHER RESOLVED: That each factor so stated be accompanied by an
explanation of the topic.
Certified January 30, 2010, postmark
Donna D‘Arcy, Association Secretary
Submitted by Santa Monica College
Chapter 36
Area I, Region 69
Approved at January 21, 2010,
Chapter Meeting
/s/ Bernie Rosenloecher, Chapter
President
/s/ Connie Lemke, Chapter Recording
Secretary
Author’s Statement
At last year‘s conference, speaker after speaker rose to urge CSEA to take its rightful
place on a stage larger than California. They told us that in this day of global
citizenship, economic interdependence, and instant communication CSEA could be a
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leader on a much larger stage. And it is exciting to picture CSEA evolving into that kind
of union. One day, not too far off, it may be necessary for our survival.
While those statements were rousing and encouraging the fact remains that the
membership would need to embrace this new incarnation of our union and most of us
have not schooled ourselves to pay attention to the forces outside of California that play
such major roles in how we live and work. That kind of paradigm leap requires a
complete change in perception - a long process that won‘t happen overnight.
If a class in changing the way we think about ourselves were offered, not many would
be inclined to sign up for the course – it sounds like a lot of work and not much fun.
One small step in that kind of process would be to become aware of, and sensitized to,
considering trends and events of a kind that we usually don‘t discuss at our Chapter
meetings. That kind of small step could begin in a big way and our annual conference.
We have the best eyes and ears and hearts that our dues can support in the talented
and dedicated staff that serve this union. They are often aware of, and even follow
closely, those national and global events and trends that trickle down to us. Why not
use their eyes and ears and hearts to synthesize that very kind of information and share
with the delegates what it looks and sounds and feels like from where they stand.
This resolution lists four positions that could lead the way for the membership. If each
of those four speakers addressed one item of importance, then potentially 1500+ active
members would have heard four new ideas. Six thousand seeds would have been
planted. If they each addressed three topics, 18,000 seeds would have been planted.
They won‘t all grow and develop into the kind of perceptions and insight that we will
need in the future, but if only 10% matured, we could have the beginning of a
transformation. Five-ten minutes from each speaker and the attention of the delegates
for that amount of time seems like a small investment to make for such a large return.
As we try to plan for a future that we have trouble imagining, we might do well to
remember those janitors in Oakland that founded a union whose future they could not
have imagined.
Committee Analysis and Recommendation:
Resolution No. 8 proposes that the Association President, Executive Director, Director
of Field Operations, and the Assistant Director of Governmental Relations include in
their addresses to the delegates at each Annual Conference information about the ―top
factors‖ outside of California that each believes will have potential for significant impact
on the membership in the ―foreseeable future.‖
The Association‘s Constitution & Bylaws provide that the President determines the
Conference program (in accordance with other provisions of the Constitution & Bylaws)
and that the Executive Director presents a ―complete report of the work done during the
year and a resume of the work that should be done during the ensuing year.‖ It is also
tradition for the Association President to deliver a state of the union speech during
opening ceremonies.
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The Director of Field Operations, the Director of Governmental Relations, and the
Assistant Director of Governmental Relations have also made reports at the last several
conferences.
The Resolutions Committee agrees with the authoring chapter that we have talented
and dedicated member leaders and staff that serve our union well. The Resolutions
Committee, therefore, maintains it is not appropriate for this resolution to dictate to the
Association President, Executive Director, and other senior staff on the content of their
conference speeches. When appropriate, these leaders do include information about
national labor and education policy in their speeches, not only at conference but other
member events.
If the resolution‘s author believes s/he is not receiving sufficient information about
national education and labor issues, the Resolutions Committee suggests that s/he
discuss the possibility of including more information in the Focus magazine or in the
delegate conference program with the Association President.
The Resolutions Committee recommends a NO vote on Resolution No. 8.
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RESOLUTION NO. 13
CSEA Jurisdiction
WHEREAS, CSEA is the finest union representing classified workers in the nation, and
WHEREAS, CSEA represents the vast majority of classified workers in California‘s
public schools, and
WHEREAS, with 80% union density in CSEA‘s current jurisdiction as defined by the
Constitution & Bylaws, there are less than 3,000 classified workers left to
organize, and
WHEREAS, not all education workers who provide classified service have the right to
join CSEA, and
WHEREAS, the strength of our union depends on our ability to increase in size, power,
and influence, and
WHEREAS, our ability to protect the rights of our current members and achieve
adequate funding for public education is directly connected to our ability to
grow our membership, and
WHEREAS, CSEA should be able to represent workers in all classifications, from child
development center and Head Start workers to private university
employees, and
WHEREAS, CSEA is prohibited from organizing many charter school employees,
school bus drivers, child care workers, food service workers, and others
because they are working for private employers, and
WHEREAS, CSEA is prohibited from representing the one million unorganized
classified employees working outside of California, and
WHEREAS, there have been lost opportunities to affiliate organized workers in other
states because of the limits in our current constitution, and
WHEREAS, unions that represent education workers have a significant advantage over
CSEA and currently have the ability to represent ALL classified workers, in
the public and private sectors in any state, and
WHEREAS, to ―level the playing field‖ with other unions who can represent public and
private workers in our industry, our jurisdiction must be expanded, and
WHEREAS, the passage of the Employee Free Choice Act at the national level will
give CSEA unique opportunities to improve the lives of our members and
working families by building our power and capacity, and
WHEREAS, it is fitting and appropriate that CSEA extend its jurisdiction to its brothers
and sisters working in the private sector and in other states who perform
the same or related tasks;
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Resolution No. 13 – continued
BE IT THEREFORE RESOLVED: That Article II, Section 1, of the Association‘s
Constitution be amended as follows:
CONSTITUTION
ARTICLE II
MEMBERSHIP
Section 1.
MEMBERSHIP. There shall be five types of membership: Active,
Inactive, Associate, Exempt, and Retired.
(a)
Active — Any person, without regard to race, creed, color, national origin,
sex, age, sexual orientation or political belief, employed in any phase of public or private
employment within the United States State of California and who is entitled to be
represented by the Association by the laws of this country State shall be eligible for
―Active‖ membership.
―Active‖ membership status shall cease at such time as the member becomes
eligible for any other category of membership as defined herein, or at such time as s/he
voluntarily or involuntarily terminates his/her employment with a qualifying agency. Loss
of membership as a result of involuntary termination shall take effect on the date of
issuance of conclusive governing board action in the case of non-merit systems, or
personnel commission action in the case of merit systems. The member shall continue
to hold ―Active‖ status throughout any periods of appeal(s) to the governing
board/personnel commission prior to their conclusive action, even though the member
may be in an unpaid status during said appeal period(s).
Notwithstanding the above, ―Active‖ members who are laid off and placed on a
reemployment list or whose involuntary termination is pending further appeal action,
through PERB or court actions as deemed appropriate, shall have the option of
continuing in ―Active‖ membership status during the period they are carried on the
reemployment list or until such appeal(s) have been finally decided, upon continued
payment of dues in the amount in effect at the time of layoff or termination, thereby
retaining full voting rights and all other rights accorded ‗‗Active‘‘ members.
(b)
Inactive — Any ‗‗Active‘‘ member of this Association who is granted an
unpaid leave of absence by his/her employer or is placed on a reemployment list and is
not otherwise in a paid status with the employer shall be eligible for ―Inactive‖
membership status. Such members shall be eligible for representation in any matter
appropriate to ensure their employment status. They shall not otherwise be accorded
voice or vote in Association affairs.
(c)
Associate — Any person who would otherwise be eligible for ―Active‖
membership under paragraph (a) of this section but who is employed in a bargaining
unit represented by another labor organization under the laws of this State, shall be
eligible for ―Associate‖ membership. ‗‗Associate‘‘ members shall be entitled to
participation in special services, insurance and other such membership benefit
programs as are generally made available to ‗‗Active‘‘ members, and to receive the
Association‘s official publication. Such members shall not be eligible for, nor shall they
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Resolution No. 13 – continued
be accorded, any representation rights, or voice, vote, or other participation in
Association affairs.
Should an ―Associate‖ member subsequently become eligible for ‗‗Active‘‘
membership, s/he must convert his/her membership to ―Active‖ status within thirty (30)
days, or shall thereupon lose all rights and benefits of membership.
(d)
Exempt — The following members shall be entitled to transfer to
‗‗Exempt‘‘ membership status:
(1)
Members whose positions are lawfully declared to be management
or confidential and thereby excluded from an existing bargaining unit.
(2)
Members who have lawfully been designated as supervisors and
who are not entitled to representation by this Association in accordance with the laws of
this State.
―Exempt‖ members shall not be eligible for, nor shall they be accorded,
any representation rights, or voice, vote, or any other participation in Association affairs.
This membership class is provided solely to preserve any insurance, special services,
or similar services to which they were or might be entitled as ‗‗Active‘‘ members.
(e)
Retired —
(1)
Any retiree who was employed in the classified service of any
California school district or who was employed in any public agency or private company
represented by CSEA shall be eligible for retired membership in the Retiree Unit.
Such ‗‗Retired‘‘ members shall be eligible for participation in special services, insurance
and other membership benefit programs as may be made available to retirees, and shall
receive the Association‘s official publication as well as such other publications as may
be approved by the Board of Directors.
(2)
‗‗Retired‘‘ members shall be eligible to serve in appointive or
elective positions within the Association in accordance with the following:
(i)
Service at the Association level shall be restricted to
appointive positions only, and shall be restricted to those who were ‗‗Active‘‘ members
at the time of retirement.
(ii)
Service at the CSEA Chapter level shall be governed by
provisions duly incorporated within each Chapter‘s Constitution or Bylaws. Such service
may include both appointive or elective positions, but shall be restricted to those who
were ‗‗Active‘‘ members of the Chapter at the time of retirement.
(iii)
Service within the Retiree Unit shall include both appointive
or elective positions, as follows:
1)
Service on the Retiree Unit Executive Board shall be
restricted to those who were ―Active‖ members of the Association at any time prior to
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Resolution No. 13 – continued
their retirement and contingent upon membership in a Retiree Council in accordance
with Article XIII of the Bylaws.
2)
Service within a Retiree Council shall be open to any
―Retired‖ member of the Council in good standing.
(f)
Retiree Affiliate —
(1)
The surviving spouse of any retiree who was a member of the
Retiree Unit in good standing at the time of his/her death shall be eligible for ―affiliate‖
membership in the Retiree Unit. Such ―Retiree Affiliate‖ members shall receive the
Association‘s official publication and other publications as may be made available to
retirees, shall be eligible for participation in special services and other membership
benefit programs generally provided to retirees, and shall be eligible to participate in
such group insurance programs as may be made available.
(2)
Any retired staff member, who is not otherwise eligible for
membership in the Retiree Unit, and who wishes to join the Retiree Unit, shall be
eligible for ―affiliate‖ membership.
(3)
Retiree Affiliate members shall not hold voting rights or the right to
hold offices within the Retiree Unit or the Association at any level.
AND BE IT THEREFORE FURTHER RESOLVED: That Article IV, Section 2 of the
Association‘s Constitution be amended as follows:
CONSTITUTION
ARTICLE IV
ASSOCIATION OFFICERS AND THEIR ELECTION
Section 2.
ELECTION OF AREA DIRECTORS.
(a)
There shall be ten (10) Area Directors in this Association to be elected by
the members of the Chapters within their respective Area. These elected officers
(Directors) shall represent the Chapters within the Areas as follows:
(1) – (10)
(b)
no change
(c)
no change
(d)
no change
no change
(e)
The Secretary shall cause a ballots to be prepared containing all the
names of the eligible candidates. A copy of the official ballots shall then be forwarded to
each Chapter within each respective Area postmarked not later than midnight February
1 of the year in which the election is to be held.
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Resolution No. 13 – continued
(f)
The Chapter President shall arrange for the Chapter membership to vote
for their Area Director at the Chapter‘s regularly scheduled (or a special) meeting held
during the months of March or April.
(1)
Each chapter member in good standing shall receive at least fifteen
(15) five (5) working days advance written notice of the date, place and time of said
meeting, together with the names and chapter identification of the eligible candidates for
each office.
(g)
Each qualified member of a Chapter shall be entitled to one (1) vote which
shall be determined by a plurality of the qualified membership present and voting at the
meeting established by the Chapter President in accordance with subsection (f) above.
The vote shall be conducted by secret ballot.
(1)
If the Chapter‘s first vote ends in a tie, a second ballot shall
immediately be conducted for the tied candidates only. If the second vote fails to break
the tie, the chapter may continue balloting until the tie is broken or it may report a tie
vote on its ballot, as determined by the members present.
(h)
The official ballots shall then be tallied by the chapter‘s election committee
(tellers) and the totals for each candidate shall be completed and certified by the
signature of the Chapter Secretary on a form supplied by the Association Secretary and
forwarded to the Association Secretary at the special election address specified on the
form ballot, so as to be received at said address by the deadline established by the
Association Secretary which shall not be earlier than seven (7) work days following April
30. The Chapter Secretary shall keep all ballots in a secure and confidential location for
a period of one (1) year, after which they shall be destroyed.
AND BE IT THEREFORE FURTHER RESOLVED: That Article V, Section 2 (e) of the
Association‘s Bylaws be amended as follows:
BYLAWS
ARTICLE V
ANNUAL AND SPECIAL CONFERENCES
Section 2.
AUTHORIZED CONFERENCE VOTING STRENGTH.
(e)
Members of the Board of Directors, Regional Representatives,
Chairpersons of Standing Committees as authorized in Article VI, Section 6 of the
Constitution, members of the Retiree Unit Executive Board as authorized in Article XIII,
Section 10 of the Bylaws, and Life Members, shall be certified as delegates to the
Annual Conference upon presentation of officer credentials or Life Membership card to
the Credentials Committee. However, Regional Representatives and Chairpersons of
Standing Committees shall not be qualified to vote for Association officers.
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Resolution No. 13 – continued
Approved for submission to the 2010 Annual
Conference by the Board of Directors at its
March 20, 2010, Board Meeting
/s/ Allan D. Clark, Association President
/s/ Donna D‘Arcy, Association Secretary
Author’s Statement
The California School Employees Association is the largest and best union for classified
employees in the nation. Since 1927, CSEA has fought diligently for the rights and
benefits of classified employees. The courage, intelligence and vision of those earliest
leaders set the stage for us to grow from a small group of custodians in Oakland to a
powerful force in California‘s education community.
While the labor movement as a whole has been slowly shrinking and the number of
unionized workers in all professions has declined, CSEA had been one of the few
unions to continue to maintain its membership and even grow. Unfortunately, we have
reached near saturation, and the onslaught of budget cuts over the years has taken its
toll. CSEA is now a union that is losing members.
The Board of Directors of this great union will not allow this downward trend to continue
and is ready to show the same courage, intelligence and vision of those early leaders by
taking bold steps to turn CSEA into a growing and even more powerful one!
We know that there are fewer than 3,000 unrepresented classified employees in the
state left to organize. While we will never deny representation to any group of
employees who want to be part of our union, organizing many of those workers would
drain the financial and human resources of this union. The only way for our union to
expand who we represent is through this resolution. It allows CSEA to reach beyond its
previous jurisdiction to organize members who do similar work as our current members,
both in private organizations and beyond California‘s borders.
Our plan focus will be on those employees who already serve in our jurisdictional
categories. We‘ve already proven that we know how to represent them. Therefore, we
will organize bargaining units of Paraeducators, bus drivers, food service workers, office
and clerical staff, and maintenance and operational workers. We will be looking from
pre-schools all the way to private colleges to organize classified employees. The
opportunities exist if we are bold enough to take advantage of them.
Those future members are out there. We know that as long as private corporate
contracting companies undercut our union workers by hiring $10/hour non-benefited
employees, our members‘ jobs are in jeopardy. As long as districts find creative ways
of hiring substitute workers instead of bargaining unit classified employees, our
members‘ jobs are in jeopardy. As long as someone will do your job for less money and
no benefits, our members jobs are in jeopardy. Unless we continue to organize, our
members‘ jobs will remain in jeopardy. When we unionize all employees doing our work,
we raise the standard for everyone and we remove the temptation private companies
and shortsighted school districts have to contract out our work.
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Resolution No. 13 – continued
We believe that the ultimate passage of the Employee Free Choice Act (EFCA) will
present tremendous opportunities for unions prepared to act. CSEA must be one of
those unions. However, we will not be in a position to grow and build power unless the
delegates pass this resolution. We also recognize that other unions representing school
workers are not constrained and therefore have the ability to organize unorganized
members immediately when the law passes. This would put CSEA at a distinct
disadvantage. That‘s why we must act now.
While CSEA is committed to fighting the proliferation of charter schools, the best
defense against the charter companies is the ability to organize the workers. CSEA will
have a distinct advantage because of our record of accomplishment and member
satisfaction with classified employees in traditional public schools. We know how to
represent school employees. The transition to charter employees will be seamless.
The Board understands that growing is not just about bringing in new members, but also
gaining power to better represent the members we currently serve. All classified
employees deserve the right to join CSEA; whether they work in public schools and
colleges, private schools, charter schools, or related private industries. And no one
does a better job guaranteeing the rights and benefits for its members than CSEA.
The Board of Directors recommends a ―Yes‖ vote on this important resolution.
Committee Analysis and Recommendation:
Resolution No. 13 is put forward by the Board of Directors under the provisions of
Article V, Section 6(c)(2), of the Association‘s Bylaws permitting the Board to submit a
resolution after the February 1 deadline because it determined the proposed action is of
such importance to the Association that it should not wait until the 2011 Annual
Conference.
Resolution No. 13 proposes to amend Article II, Section 2(a), of the Association‘s
Constitution by revising eligibility for Active membership, thus expanding CSEA‘s
jurisdiction from public employees within California to private and public employees
within the United States.
In addition, the resolution proposes to amend Article II, Section 2(e)(1), to expand
eligibility for the Retiree Unit to retirees from private companies (in addition to public
agencies) represented by CSEA.
Finally, because of the requirements of the Labor-Management Reporting and
Disclosure Act, Resolution No. 13 also amends Article IV, Section 2, of the
Association‘s Constitution revising the procedures for the election of Area Directors and
Alternate Area Directors, and amends Article V, Section 2(e), of the Association‘s
Bylaws by adding language disqualifying Regional Representatives and Standing
Committee Chairpersons from voting for Association officers at Conference.
CSEA‘s governing documents currently limit our jurisdiction to public sector workers
within California. CSEA currently represents over 230,000 classified school employees.
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Resolution No. 13 – continued
There are less than 3,000 classified school employees left to organize within the State
of California. However, many of these classified school workers are employed by very
small and/or remote school districts and are in units that cannot realistically be
organized by CSEA.
CSEA‘s independent charter with the AFL-CIO does permit CSEA to organize classified
employees and others who do work similar to that done by our members. With the
pending passage of the Employee Free Choice Act (EFCA), the AFL-CIO is in
discussions with the various unions that represent education workers regarding
organizing the one million classified school support employees throughout the country
who do not belong to a union.
In order to represent private sector workers, CSEA has to comply with the LaborManagement Reporting and Disclosure Act (LMRDA), which provides standards for the
reporting and disclosure of certain administrative and financial practices of labor unions.
The Office of Labor-Management Standards of the U.S. Department of Labor
administers and enforces most provisions of the LMRDA. Department of Labor
regulations require that officers of labor organizations must be elected either directly by
secret ballot among the members in good standing or indirectly by persons acting in a
representative capacity who have been elected by secret ballot among the members in
good standing.
CSEA‘s current procedures for electing Association officers (President, 1st Vice
President, 2nd Vice President, and Secretary) at Conference do meet the requirements
of the LMRDA. However, the current procedures for electing Area Directors and
Alternate Area Directors do not meet the requirements of the LMRDA since Area
Directors and Alternate Area Directors are elected by chapter. Each chapter has the
opportunity to conduct a secret ballot election among the members at the appropriate
chapter meeting but the candidate who receives the most votes is awarded one vote
from the chapter. The candidates are not awarded each member‘s vote, which violates
the LMRDA‘s requirement for direct election. Resolution No. 13 proposes to continue
voting at chapter meetings but with each member‘s vote cast for the candidate.
For example:
Chapter 1000
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Candidate A
15 votes
Candidate B
11 votes
Under the current procedure, Candidate A would receive one chapter vote
from Chapter 1000.
With the revised procedure, Candidate A would receive 15 votes and
Candidate B would receive 11 votes.
Upon examination of the Area Director and Alternate Area Director elections held over
the last three years, this revised tallying procedure would not have resulted in a different
outcome for any of the elections.
The alternative under the LMRDA would be to elect Area Directors and Alternate Area
Directors at Conference. The Association did elect the Area Directors at Conference
decades ago. However, the Constitution was amended, providing for election by
chapter. Several proposals have been defeated at Conferences to revert to the election
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Resolution No. 13 – continued
of Area Directors at Conference. There have been several arguments made in
opposition to the election of Area Directors at Conference, most relating to the cost and
the disfranchisement of those chapters not in attendance.
Also, since Regional Representatives and Standing Committee Chairpersons are not
elected, the LMRDA prohibits them from voting for Association officers. However, they
continue to have the right to vote on other Conference business, such as resolutions
and the Association‘s budget.
The Resolutions Committee agrees that the strength of our union depends on our ability
to grow in size, power, and influence. However, CSEA has lost 10,000 members since
last year and thousands of other members have negotiated furlough days and/or
reductions in salary, hours, and benefits. With less than 1,500 classified school
employees realistically left to organize in California, the committee believes CSEA must
consider bold steps to increase its membership.
The committee concurs that the significant increase in number and influence of
independent charter schools run by private companies is a threat to CSEA and our
members, and that the best defense is organizing the charter school workers.
The committee also understands the benefit of organizing private companies (such as
First Student-formerly Laidlaw, Sodexco-Marriott, and private college bookstores) that
routinely contract with schools and colleges to provide services previously performed by
classified employees. These companies are often able to entice a school or college to
contract out our work with low bids; then turn around and pay low wages, offer no real
health and retirement benefits, and provide no job protection. The committee believes
that, if CSEA were able to organize these workers, the threat of contracting out our work
would diminish.
While the committee discussed the additional challenges of organizing outside of
California, it ultimately agreed that the Association‘s Constitution & Bylaws should be
revised to allow the option of growing nationwide. With the pending passage of the
Employee Free Choice Act (EFCA), other unions that represent education workers are
already developing plans for organizing the one million unrepresented classified school
employees nationwide. While we are not obligated to immediately begin organizing
outside of California, our options for developing and submitting a plan are limited
without a revision in our governing documents. A delay in submitting an organizing plan
to the AFL-CIO will likely result in CSEA being ―shut-out‖ of the process. There have
been lost opportunities in the past when classified unions in other states have asked to
affiliate with CSEA and, because of our Constitution & Bylaws, we were required to turn
them away. These organizations ultimately affiliated with SEIU, AFT, and NEA.
It is no secret that the number of unionized workers in this nation has significantly
decreased over the last several decades. In 2001, when CSEA received its
independent charter with the AFL-CIO, we were the 26th largest union in the Federation.
We are now the 13th largest. This is one indication that the labor movement has shrunk
in size and influence. The committee is concerned that, if not given the chance, CSEA
Resolution No. 13 – continued
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will lose its window of opportunity to be part of the resurgence of labor as a result of the
passage of EFCA.
Although the committee anticipates that many members will have a concern with the
revisions to the Constitution & Bylaws required by the LMRDA, it believes that the
revisions are unavoidable and a small price to pay to be able to grow our union. While
the current process of electing Area Directors and Alternate Area Directors is preferred
by many, the revised process could actually be considered by some to be more
democratic with its ―one person, one vote‖ methodology.
There is no doubt that CSEA is the finest union representing classified workers in the
nation. The Resolutions Committee believes that all classified employees deserve the
right to join CSEA, and expanding our jurisdiction is our best option to grow - in
membership, power, and influence.
The Resolution Committee recommends a YES vote on Resolution No. 13.
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Resolutions
Part 3
Resolutions Proposing
General Legislation
Presented by the Legislative Committee
Resolution Nos. 6 and 7
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RESOLUTION NO. 6
Continued Support for Single-Payer State Health Plan
WHEREAS, the federal health plan bill continues in a state of flux, and
WHEREAS, healthcare continues to be one of the top three priorities of the CSEA
membership and working people across America, and
WHEREAS, Congress may yet succeed, or may have already succeeded, in passing a
health care plan, and
WHEREAS, Rep. Dennis Kucinich (D-OH) has proposed an amendment to the federal
health care bill, that would allow states with single-payer health plans to
opt out of any federal plan, and
WHEREAS, the Kucinich amendment may yet become part of a federal proposal, and
WHEREAS, CSEA has made a principled stand on the criteria it requires to support a
healthcare proposal, and
WHEREAS, CSEA had been a sponsor of former state senator Sheila Kuel‘s SB840,
and
WHEREAS, CSEA is currently a sponsor of virtually the same bill in state senator Mark
Leno‘s SB810, which passed the California senate on January 28, 2010;
BE IT THEREFORE RESOLVED: That CSEA continue to back a California singlepayer health plan bill, such as that sponsored by California Senator Mark Leno, SB810,
or any other single-payer plan that meets the criteria established by the Association.
Certified January 30, 2010, postmark
Donna D‘Arcy, Association Secretary
Submitted by Santa Monica College
Chapter 36
Area I, Region 69
Approved at January 21, 2010,
Chapter Meeting
/s/ Bernie Rosenloecher, Chapter
President
/s/ Connie Lemke,
Chapter Recording Secretary
Author’s Statement
The great United States of America has a health care system that is ranked 37th in the
world – lower than that of any other industrialized nation and equivalent to many third
world countries. We pay more per capita than any other country in the world for a
broken system. We have spawned giant, for-profit insurance companies and
pharmaceuticals that make profits of over 30% from the charges paid by the citizens of
this country while:
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Resolution No. 6 – continued
50 adults die every day in the U.S. for lack of health care
workers‘ wages continue to be eroded by the rising cost of health insurance
over half of all bankruptcies in the U.S. are a result of health costs
the federal government seems unwilling or unable to take charge and reform the
situation
In the face of all this, the state of California has made a valiant effort to create a singlepayer health care plan that would serve the citizens of this state passing SB840, not
once, but twice, only to have it vetoed by Governor Schwarzenegger on both occasions.
Currently (01-28-10) SB810 (Leno) also providing for comprehensive single-payer
health care just passed the California senate and if passed by the house could be ready
for the signature of the person elected to succeed Schwarzenegger.
On the national scene, Rep. Dennis Kucinich has authored an amendment to the
currently proposed federal plan that would allow states which have comprehensive
health care plans to opt out of mandatory participation in the federal plan.
If those two factors came together, California could establish a single-payer system that
would provide low-cost coverage to its citizens and by-pass what seems to be a tangled
mess on the federal level.
CSEA has made its determination of the minimum criteria it requires for support of any
health plan. We have been in the fray from the beginning and it we want be there for
the solution. It is imperative that the Association continue to lead in this process
because it is such an integral part of who we are as a union.
Committee Analysis and Recommendation:
Resolution No. 6 would require CSEA to continue to back a California single-payer
health plan bill, such as that sponsored by California Senator Mark Leno, SB 810, or
any other single-payer plan that meets the criteria established by the Association.
CSEA has a long history of supporting and sponsoring single payer legislation at the
state level. Beginning in 2006, CSEA increased our support of single payer health care
by co-sponsoring SB 840 authored by former State Senator Sheila Kuehl. Each year
thereafter CSEA has co-sponsored this important legislation. Currently, CSEA is a cosponsor of the new single payer bill, SB 810, authored by Senator Mark Leno. Senator
Leno has said he will re-introduce the single payer legislation next year, if it is defeated,
and will invite CSEA to once again co-sponsor this important legislation.
In December 2006, the CSEA Board of Directors adopted five Health Care Principles to
help guide the organization with comprehensive health care legislation. These health
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Resolution No. 6 – continued
care principles were also adopted by the Conference Delegates at CSEA‘s 2009 Annual
Conference. The health care principles are outlined as follows:
1.
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5.
No collective bargaining carve-out. Collective bargaining carve-outs would
eliminate any requirement for health care for part-time CSEA members.
No part-time carve out.
Control health care cost increases. Any solution that does not address this issue
leaves CSEA covered workers exposed to continuing health care cost increases
and cost shifting at the bargaining table.
Provide an adequate level of coverage. CSEA opposes Health Savings
Accounts or other bare bones plans that don‘t provide quality care and an
adequate level of baseline health coverage.
Coordinate with other unions and allies to maximize agreement on issues related
to Taft-Hartley Trusts, CalPERS PEMHCA programs, and other health care
plans.
The Legislative Committee reviewed CSEA‘s support and sponsorship of single payer
legislation introduced at the state level and CSEA‘s Health Care Principles. The
Committee found that CSEA has been strongly committed to single payer legislation for
many years, has co-sponsored single payer legislation, attended rallies in support of
this issue, and that SB 840 and SB 810 satisfied CSEA‘s health care principles.
Therefore, the Committee agreed that Resolution No. 6 would be consistent with
CSEA‘s position on health care. However, the Committee expressed concerns about
the reference to specific legislation and a specific author in Resolution No. 6. They
believed such reference could be confusing if legislation with different numbers and
authors were introduced, or if the new single payer legislation introduced was different
from SB 810 or SB 840. This confusion could inadvertently restrict the Association‘s
support of single payer legislation.
Therefore, the Legislative Committee recommends that Resolution No. 6 be amended
to read:
BE IT THEREFORE RESOLVED: That CSEA continue to back a California singlepayer health plan bill that meets the criteria established by the Association.
The Legislative Committee recommends a YES vote on Resolution No. 6, as amended.
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RESOLUTION NO. 7
Classified Employee Rights in Independent Charter Schools
WHEREAS, in District Charter Schools the District remains the employer and the
bargaining unit negotiates with the District with employees retaining all
their contractual rights and benefits, and
WHEREAS, when District Schools and District-run Charter Schools become
Independent Charter Schools, employees are no longer guaranteed union
representation, and
WHEREAS, independent Charter Schools are not required to provide a job description,
a grievance procedure, protection against layoff, or rights to ―bump‖ back
to District employment, and
WHEREAS, independent Charter Schools have no requirements for sick leave,
vacation leave, holiday leave, overtime pay, insurance benefits, or
participation in PERS, and
WHEREAS, District Schools and District-run Charter Schools that become
Independent Charter Schools do not always inform classified employees
of the change in their status re: representation, collective bargaining, and
benefits, and
WHEREAS, Independent Charter Schools are exempt from Education Code laws
governing school districts (California Ed. Code Sec. 47610);
BE IT THEREFORE RESOLVED: That CSEA sponsor legislation that would protect
the rights and benefits of Classified Employees by adding language to the California Ed.
Code requiring Independent Charter Schools to adhere to the same legal standards
imposed on regular school Districts and District Charter Schools.
Certified January 30, 2010, postmark
Donna D‘Arcy, Association Secretary
Submitted by Santa Monica College
Chapter 36
Area I, Region 69
Approved at January 21, 2010,
Chapter Meeting
/s/ Bernie Rosenloecher,
Chapter President
/s/ Connie Lemke,
Chapter Recording Secretary
Author’s Statement
The real push behind charter schools is about privatizing public education. This is part
of the neoliberal policy creating profit opportunity for corporate constituencies. Besides
creating profit, one of the goals of corporate interests in privatizing public education with
charter schools is to weaken or eliminate classified unions, bring in contract labor, and
make administrations beholden to business interests.
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Resolution No. 7 – continued
Throughout the country, including California, charter schools are popping up like spring
mushrooms. In California, it is important that CSEA pass a resolution that would be
turned into a legislative bill to add wording to the California Education Code protecting
union participation in charter schools in regards to collective bargaining, job security,
and benefits.
CSEA could potentially lose thousands of members, weakening our base; and
thousands of members could potentially loose all their benefits. This situation affects all
of us and every other Californian as well.
Committee Analysis and Recommendation:
Resolution No. 7 would require CSEA to sponsor legislation to protect the rights and
benefits of classified employees by adding language to the California Education Code
requiring independent charter schools to adhere to the same legal standards imposed
on regular school districts and district charter schools in regard to collective bargaining,
job security, and benefits.
The Legislative Committee agrees that charter schools open the door to abuses, denial
of rights and poor treatment of classified employees and supports providing Education
Code rights to classified employees in charter schools. The spread of charter schools
has caused an erosion of the public school system in California and a growing threat to
classified employees throughout the state. However, the laws relating to charter
schools have been and continue to be difficult to change. The backers of charter
schools are well organized and well funded, and charter schools have received support
from both Democrat and Republican administrations.
Extending Education Code rights to charter school employees through legislation will
face extremely strong opposition in the legislature and gaining a signature from the
Governor will be difficult. Since CSEA has the right to organize all charter schools,
district or independent, the most realistic way to extend rights to classified employees in
independent charter schools may be to organize and negotiate collective bargaining
agreements.
Although Resolution No. 7 would require immense effort and success in the legislature
may be difficult, CSEA must take a stand against the proliferation of charter schools and
continue to strive to protect the rights of all classified employees. CSEA must focus a
great deal of energy on protecting classified jobs, benefits and retirement during this
economic downturn. The Legislative Committee is realistic about the chance of the
proposed legislation becoming law, but CSEA cannot sit by silently and avoid
addressing the need to provide basic rights regarding collective bargaining, job security,
and benefits to classified employees in independent charter schools.
Therefore, the Committee recommends a YES vote on Resolution No. 7.
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