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Members in Good Standing AGANA HEIGHTS ELEMENTARY SCHOOL

September 2, 2010 Executive Council Members

Guam's Local Union

GUAM FEDERATION OF TEACHERS

RECEIVED

P.O. Box 2301 Hagatna, Guam 96932 Re:

. Proposed Constitution Amendments

,

BY:__

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Date:__

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Dear Council Members: By memorandum dated May 26,2010, Barry Mead, Chair of the GCC Faculty Union prepared proposed amendments to the Guam Federation of Teachers Constitution received by GFT on June 1,2010. Based upon current events we desire to ensure that these amendments are properly presented at the General Membership Meeting scheduled for later this month . .We are concerned as since these have been submitted we are unaware of any action taken by the Executive Council to ensure these amendments are to be presented at the upcoming General Membership meeting. We support and resubmit these amendments and expect that proper notification will be given to all members as required by the GFT Constitution,

cc:

Ms. Pearl Moenahele Senior Investigator U.S. Department of Labor Office of Labor Management Standards 300 Ala MoanaBlvd., Room 5-121 P.O. Box 50204 Honolulu. Hawaii 96850

Mr. Sol Smith Western Regional Office Director American Federation of Teachers 650 East Hospitality Lane, Suite 360 San Bernadino, CA 92408

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Mr. David J. Strom General Counsel American Federation of Teachers 555 New Jersey Ave. N.W. Washington, D.C. 20001


Guam Community Col~ege Faculty

Union

i

Cuam Federation of ~e.e"el's MEMORANDUM

Barry L. Mead Chair

Karen M. S. Sablan Vice-Chair

Juanita M. Tenorio Recorder

Date: May 26. 2010 To:

Guam Federation of Teachers Executive Council

Via:

Matt Rector President

__

From: Barry L, M~ Chair, Gee Faculty Union

Subject: Proposed Amendments to the Guam Federation of Teachers Constitution effective December 05, 2009 Attached are eleven (11) proposed amendments to the Constitution of the Guam Federation of Teachers in accordance with Article XII of the constitution. It is requested that these amendments be heard and voted upon at the next regular meeting which according to Article VII. D. scheduled to be held in September 2010.

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Also, in accordance with Article XU it is requested that the notification for this meeting be done by mail with copies of these amendments included. To only publish the notice and the proposed amendments on a web site would severely hamper the memberships ability to have knowledge of the proposals and ability to decide how to vote. I would also ask that due to the number of amendments and the complexity of the voting that every attempt be made to insure that a maximum number of members are present, and that a roll call vote of the members signing in be taken on each amendment to insure an accurate count and to insure that no non-member votes.


For Consideration In accordance with article XII of the Constitution, Bylaws and Articles of Incorporation

of the Guam

Federation of Teachers, Local 15&1American Federation of Teachers, AFL-CIO, I hereby submit the following proposed Amendment for the consideration of the membership.

Article V, B, lb Membership

Eligibility and Ineligibility, Inserting of a Second Sentence

The intent of this amendment is to ensure on{v regular members of the represented units receive the benefits of the membership.

Current Langua=e - GFT Executive Council may, at a meeting, approve membership for other persons in the private sector.

Proposed Lanwa:e

of new sentence - Any person so approved may not hold any elected office

within the Guam Federation of Teachers.


For Consideration In accordance with article XII of the Constitution, Bylaws and Articles of Incorporation of the Guam Federation of Teachers, Local 1581 American Federation of Teachers. AFL-CIO. I hereby submit the following proposed Amendment for the consideration ofthe membership.

Article V, B, Ie Membership Eligibility and Ineligibility, Deletion of Section The intent of' this amendment is to bring in line this article and section with Article VI, C,2, which read, "The president, Vice-President, Secretary, and Treasurer shall be elected at-large from the total dues paying membership of the GFT." To be an officer of the union you must be a dues paying member, as such any officer of the GFT Executive Council must be a dues paying member. If they are not then that person may not hold the office.

Current Language - Officers ofthe OFT Executive Council as prescribed by Article VIA. Propose the Deletion of sentence c. of para2raph

B, Article V.


For Cousida;atioD In accordance with article XlI of the Constitution, Bylaws and Articles of Incorporation of the Guam Federation of Teachers, Local 1581 American Federation of Teachers, AFL-CIO, I hereby submit the' following proposed Amendment for the consideration of the membership,

Article

v: E, Terms of Membership

and Payment ofDucs

The intent of this amendment is to ensure that membership in the Guam. Federation of Teachers remoins 119 it should be, voluntary. The IllSt three words of the first paragraph make no sense and look as though there should have been a return and these three words are the heading for the next paragraph.. The second paragraph in essence causes membership, once established, that it becomes almost impossible to discontinue. Language Para&raph One last sentence - Any members withdrawing under these circumstances may have their remaining dues waived by a two thirds majority vote of the Executive council on an appeal from the affected members. CUrrent

Proposed Lanpa:e of Dew sentence - Any member withdrawing during their first year of membership may have their remaining dues waived by a two thirds majority vote of the Executive council on an appeal from the affected member. Propose the insertion of a return before the last three words of the first paragraph

a headina for

paragraph

two (2) which reads - Tennination of Membership

to make them


Constitutional Arnendment For Consideration In accordance with article XU of the Constitution, Byl4W~ and Articles of Incorporation of the Guam Federation of Teachers. Local 1581 American Federation of Teachers. AFL-CIO, I hereby submit the following proposed Amendment for the consideration of the membership.

Article Va Ea Terms of Membership

and Payment of Dues

The intent of this amendment is to ensure that membership in the Guam Federation of Teachers remains as it should be, voluntary. The second paragraph beginning with the words Resignation by member in essence causes membership, once established, almost impossible to discontinue.

Current Language - Any members may resign from the Union on their membership anniversary date and fourteen days thereafter by submitting a written notice by hand delivery to GFT's main office or to the GFT by Certified mail postmarked during the fourteen day period. Any member resigning shall be liable for the payment of all subscriptions, health plan payments, :fmes and levies owed to GFT on the date of said resignation and such monies may be sued for and recovered in the name of GFT or it's designee. Proposed Language - Any member may resign from the Union at any time Wer the compietion-2f .!heir first full"year of membership, by submitting a written notice by hand delivery to GFT's main office or to the GFT by Certified maiJe Any member resigning shall be liable for the payment of all subscriptions, health plan payments, fines and levies owed to GFT on the date of said resignation and such monies may be sued for and recovered in the name of GFT or it's designee.


For Consideration In accordance with article XlI of the Constitution. Bylaws and Articles of Incorporation of the Guam Federation of Teachers, Local 15tH American Federation of Teachers, AFL-CIO, I hereby submit the following proposed Amendment for the consideration of the membership.

Article V, E, Terms of Membership and Payment of Dues, Section pertaining to Suspension or Expulsion by Executive Council The intent of this amendment is to ensure that a member is treated fairly and in the manner in which the GFT expects its members to be treated by any management: Paragraph one of the section headed Suspension or Expulsion by Executive council, makes the suspension one of subjectivity and not one of objectives. There are no examples given what would or could be considered as conduct harniful to the interests of the GFT or its members. As a union we are all about process when it comes to for example adverse action. With Adverse action there is a list of offenses with recommended actions. In this Article, there is no list of offense, nor a list of recommended actions. Current Language - If the Executive council is of the opinion

.

Propose the Deletion of the entire section with the exception of the last paragraph referring to Employer termination, until the section can be rewritten to include a list of offenses, related actions and a procedure that allows for the grounds for Suspension or Ex.pulsion by the Executive Council to be one of objectives and not one of subjugations and subjectivity.


Constitutional Amendment For CoosidclJltioo In accordance with article Xll of the Constitution, Bylaws and Articles of Incorporation of the Guam Federation of Teachers, Local 1581 American Federation of Teachers, AFL-CIO, I hereby submit the following proposed Amendment for the consideration of the membership.

Article V, G. RIGHT TO UNITE WITH GFT The intent of this amendment is to ensure that membership in the Guam Federation of Teachers remains as it should be, voluntary. This section does not allow for a unit to change its mind. Current Iianmage - The Executive Council may allow unions to enter into the GFT at any time. Once the Executive Council allows a union to join, then that union is considered to be in active standing and shall comply with Article VIII.B.2. The Executive council may allow unions to merge. A union, once entered into GFT, shall not be allowed to leave. Proposed Loo!JIoge - The Executive Council may allow unions to enter into the GFT at any time. Once the Executive Council allows a union to join, then that union is considered to be in active standing and shall comply with Article VllI.B.2. The Executive council may allow unions to merge. A union, once entered into GFT, shall be allowed to leave, by showing evidence that a vote of its members has been taken and a two-thirds majority of the total members of that union (unit) voted in favor of leaving the GFT.


For Consideration In accordance with article xn of the Constitution, Bylaws and Articles of Incorporation of the Guam Federation of Teachers. Local J 581 American Federation of Teachers! AFL-CIO, I hereby submit the following proposed Amendment for the consideration of the membership.

Article VI. C. 2 procedures sentence

for Electing Officers Inserting

of Only and Dues Paying to the

The intent of this amendment is to ensure only regular members of the represented units receive the benefits of the membership. Current Language - Regular GFT members can participate in the election of the At-Large Officers. Proposed Language usina the words "only" and "dues paying" - Only regular dues payine GFT members can participate in the election of the At-Large Officers.


For Consideration In accordance

with article XTTof the Constitutiollt

Bylaws and ArtIcles of Incorporation of the Guam

Federation of Teachers, Local 1581 American Federation of Teachers, AFL-CIO. I hereby submit the following proposed Amendment

for the consideration

of the membership.

Article VI, C, 81Deletion of the third sentence The intent of this amendment is to ensure that an election is held that allows for write ins to a ballot Currently this sentence is in conflict with Article JI7, C, 8b which states, "Each ballot shall contain space for members to write-in names of candidates who are not printed on the ballot." It is also in conflict with Article C (?) 1 & 2 that allows for a recall of officers. If there was no votes cast as allowed for in the Article, then to have a recall election should one be deemed necessary becomes only something that can be determined by the courts. Current LaD2JlaÂŁe - Should a candidate be unopposed for any office, that candidate shall be considered the winner. Propose the Deletion of sentence 81of paragraph C. Article VI.


Constitutiofllai Amendment For Consideration In accordance with article XII of the Constitution, Bylaws and Articles of Incorporation

of the Guam

Federation of Teachers, Local 1581 American Federation of Teachers, AFL-CIO, I hereby submit the following proposed Arnendment

for the consideration

Article VI. D, I. (recall of any of the four at-large

of the membership.

officers) RECALL

ELECTIONS

The intent of this amendment is to ensure that membership in the Guam Federation of Teachers may recall an officer that is, in the opinion of the membership not fulfilling the responsibilities and duties 0/ the office, or is causing considerably unfavorable or damaging attention to be brought upon the Guam F 'ederation of Teachers. Current Language of the second sentence of the first paragraph Section 1 - "The petition must be

signed by at least fifty percent of the total regular members at the time of the election." Proposed Language - The petition must be signed by at least fifty percent of the total regular members voting in the most recent election for that office. Should no actual vote have been taken then a petition in order to be valid shall have no less than 250 signatures of regular dues paying members of the unions recognized by the Guam Federation of Teachers. Current Lan2Uage of the third Paragraph of Seetion 1- Reeall of any of the four at-1aree offieers. "In order. for this referendum election to be valid, at least two-thirds of the number of total regular members must vote "Yes." Proposed Langyage - In order for this referendum election to be valid, at least two-thirds of the number of members voting in the most recent election for that office shall vote "Yes." Should no actual vote have been taken then at least two thirds of the number of members voting for the recall shall vote "Yes."


For Consideration In accordance with article xn of the Constinuion; Bylaws and Articles of Incorporation of the Guam Federation of Teachers. Local 1581 American Federation of Teachers, AFL-CrO, I hereby submit the following proposed Amendment for the consideration of the membership.

Article Ylll, B 2 Quorum - Inserting of a Second and Third Sentence The intent of this amendment is to ensure there is a quorum for all Executive Council meetings. Current Language - A quorum for conducting business at Executive Council meetings shall consist of a majority of the active Council membership.

A union officer

.

Proposed Language of two new sentences after "Council membership." in the first sentence - A roll call voice affirmation of attendance shall be taken by. the Council Secretary prior to the "Call to Order." The roll call shall be taken of all the units represented by the Guam Federation of Teachers as evidenced by the membership roster.


For Consideration In accordance with article XU of the Constitution, Bylaws and Articles of Incorporation of the Guam Federation of Teachers, Local 15fU American Federation of Teachers, AFL-CTO, T hereby submit the following proposed Amendment for the consideration of the membership.

Article VIll, C Schedule for GFT Executive Council Meetings - Second Sentence The intent of this amendment is to return the ability to call a special meeting of the Executive Council to the members of the council, and require that the meeting be called by two members not one. Current Language - The President or Acting President of the GFT shall have the authority to call special meetings of the Executive CounciL Proposed Lan~uaee - When considered needed, a special meeting of the Executive Council shall be called by not less than any two (2) active members of the counciL


Agana Heights Elementary Resubmitt Amend  

Agana Heights Elementary Resubmitt Amend

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