Bylaws

San Jose/Evergreen Federation of Teachers
American Federation of Teachers (AFT) 6157

Revised May 2020

Article One – Statement of Purpose

• It shall be the purpose San Jose/Evergreen Federation of Teachers, AFT 6157 (hereafter referred to AFT 6157) to represent faculty in all matters relating to employment conditions and employer-employee relations including, but not limited to wages, benefits, hours, and other terms and conditions of employment covered in the collective bargaining agreement. The by-laws shall govern the structure, organization and operations of the AFT 6157.

Article Two – Nominations and Elections

• 2.1  General elections for elective AFT 6157 officers shall be held on or about May 1st.

• 2.2  Only AFT 6157 members who are in continuous good standing in the union are eligible to hold office and vote for officers.are eligible to hold office and vote for officers.

• 2.3  Nominations will be solicited by the president/designee by email, to the AFT 6157 membership at least ten days before the distribution of ballots. If a position is contested, the AFT 6157 President shall request a written statement with an established due date. Statements shall have no more than 300 words.

• 2.4  In the event of an uncontested seat, the Executive Board may, in lieu of holding an election, appoint the eligible, nominated candidate. Following the appointment, the Board shall notify all AFT 6157 members.

• 2.5  The period of voting shall be no less than seven calendar days from the distribution of ballots to AFT 6157 members.

• 2.6  The Executive Board shall choose three AFT 6157 members who are not currently officers or running for office to serve as an Election Committee and to collect and tally the ballots.  There shall be at least one member from each college and no members shall be of the same department.  The Election Committee shall present the rules governing vote counting to the Executive Board for approval before the election, and the Executive Board shall approve the rules prior to the election.  All questions and objections shall be referred to the Election Committee.

• 2.7  The Executive Board may appoint replacements for the Executive Board positions when vacancies arise between The designated replacements will serve until the next yearly election or until such time as the Elected Board Member can return and finish their term. The President shall solicit nominations for interim positions by email. If a position is contested, the AFT 6157 President shall request a written statement with an established due date. Statements shall have no more than 300 words.

Article Three – Ratification of Collective Bargaining Agreements

• Before the membership of AFT 6157 votes on the ratification of the collective bargaining agreement, a meeting shall be called by the AFT 6157 President on each of the two college campuses to discuss and distribute a summary of the tentative agreement.

Article Four – Voting Period-For Elections, Ratifications, Petitions and Recalls

• The period of membership voting shall be at least seven calendar days. (See Article Two – Nominations and Elections.)

Article Five – Terms of Office and Duties

• 5.1  The terms of office, following the election, shall be two years, beginning July 1 and ending June 30.

  • 5.1.1  The following elective officer positions: District-wide President; District-wide Vice President; and two Full-time Campus Representatives (one from each campus), and two Adjunct  Representatives (one from each campus), shall be elected in even numbered years.

  • 5.1.2  The following elective officer positions: District-wide Fiscal Officer; two Full-time Campus Representatives, (one from each campus); and two Adjunct Campus Representatives, (one from each campus), shall be elected in odd numbered years.

  • 5.1.3  The following positions: Chief Negotiator, Negotiating Team, Grievance Officer(s), Retiree Chair, and Past President are non-voting, ex-officio positions of the Executive Board. Ex-Officio positions, except for the Past President, retiree chair, and Chief Negotiator (see Article 5.5.2) shall be appointed by the Executive Board.

• 5.2  Odd-numbered offices will be elected for two-year terms, starting July 1, 2021 – June 30, 2023.

• 5.3  Even-numbered offices will be elected for two-year terms, starting July 1, 2022 – June 30, 2024.

• 5.4  Responsibilities of Officers: The President, in consultation with Board Members will assign the following responsibilities to Executive Board members immediately following installation of new officers to ensure the carrying out of the following duties.  The president may appoint non-Board members to assume these duties as necessary.

  • 5.4.1  Newsletter Articles

  • 5.4.2  Council of Division Rep Members

  • 5.4.3  Bay 10 Meetings (BFA)

  • 5.4.4  Committee on Political Education (COPE)

  • 5.4.5  Academic Senate meetings

  • 5.4.6  College Council (CC)/College Planning Council (CPC); District Budget/District Council Meetings

  • 5.4.7  South Bay Labor Council

  • 5.4.8  Mentorship Program

  • 5.4.9  Others as determined by the Executive Board

• 5.5  District-wide President
  Working with the Executive Director, other members of the Executive Board, and with clerical and technical support from the AFT 6157 Office, the District-wide President will be responsible for:

  • 5.5.1  Ensuring that conciliation, grievance and collective bargaining processes are carried out in a timely and effective manner.

  • 5.5.2  Acting as Chief Negotiator for the AFT 6157 or appointing a designee to do so.

  • 5.5.3  Working with the Executive Board members to accomplish the business of the AFT 6157.

  • 5.5.4  Working with the Executive Director to orient new Executive Board members.

  • 5.5.5  Communicating regularly with the entire membership concerning AFT 6157 issues where and when appropriate.

  • 5.5.6  Communicating with administrators and governing board members on pertinent issues.

  • 5.5.7  Presiding at all meetings of the Executive Board and AFT 6157; or appointing a designee.

  • 5.5.8  Attending district Board of Trustee meetings and district-wide committee meetings relevant to AFT 6157 responsibilities or appointing a designee to attend.

  • 5.5.9  Serving as the Chair of the COPE Board or appointing a designee.

  • 5.5.10  Representing AFT 6157 at the Local, State and National Meetings as needed.

  • 5.5.11  Appointing or removing AFT 6157 representatives to committees subject to the consent of the Executive Board.

  • 5.5.12  Assigning Executive Board Members to carry out the functions of the Executive Board as listed in 3.4 above as their interests and expertise would dictate.

  • 5.5.13  Being an ex-officio member of all standing committees, which the President is not a regular member.

  • 5.5.14  Orienting new full-time and adjunct faculty members in conjunction with the Executive Director, to provisions of the collective bargaining agreement.

  • 5.5.15  Serving on and/or appointing delegates to the South Bay Labor Council.

  • 5.5.16  Performing other duties as necessitated by this office.

  • 5.5.17  Qualifications: Faculty members from either campus. Desired qualifications are two years AFT 6157 faculty union Officer/Council of Division Representative experience or the equivalent.

• 5.6  District-wide Vice President
  Working with the President, Executive Director, other members of the Executive Board, the District-wide Vice President shall be responsible for assisting the President with the duties of the Executive Board and membership, including but not limited to:

  • 5.6.1  Chairing Executive Board Meetings at the President’s request.

  • 5.6.2  Providing leadership on critical faculty members committees as assigned by the Executive Board.

  • 5.6.3  Attending important campus-wide and District Committees as needed.

  • 5.6.4  Representing AFT 6157 concerns at the Board of Trustee meetings as needed.

  • 5.6.5  Communicating with the membership on pertinent issues.

  • 5.6.6  Representing AFT 6157 at Local, State and National Meetings as needed.

  • 5.6.7  Carrying out assignment responsibilities from the President as listed in 3.4 above.

  • 5.6.8  Performing other duties as required by this office.

  • 5.6.9  Qualifications: Faculty members from either campus. Desired qualification is one-year AFT 6157 faculty union officer / Council of Division Representative experience or equivalent.

• 5.7  District-wide Fiscal Officer
  Working with the Executive Director, with clerical and technical support from the AFT 6157 Office, the District-wide Fiscal Officer shall be responsible for:

  • 5.7.1  All matters related to dues, fair share procedures, accounting, record keeping, tax forms, and California Fair Political Reporting.

  • 5.7.2  Disbursing funds as directed by the Executive Board.

  • 5.7.3  Giving a monthly report on fiscal matters to the Executive Board.

  • 5.7.4  Preparing an annual income statement for publication on the website using audited data.

  • 5.7.5  Addressing all matters related to fiscal matters,

  • 5.7.6  Attending all meetings of the Executive Board.

  • 5.7.7  Performing other duties as required by this office.

  • 5.7.8  Qualifications: Faculty members from either campus. Desired qualifications include knowledge of accounting and budgets.

• 5.8  Full-time Campus Representatives – Two from SJCC and two from EVC
  Working with Executive Director the Campus Representatives shall be responsible for:

  • 5.8.1  Assisting in the distribution of communications from the President or Executive Board to the campus membership.

  • 5.8.2  Attending or arranging a designee to attend Academic Senate and other Campus Committees as required in order to represent the position of the AFT 6157 on appropriate subjects.

  • 5.8.3  Advising governance groups or committees when subjects arise that belong in the domain of collective bargaining as established by law.

  • 5.8.4  Reporting regularly to the Executive Board on campus issues that need to be addressed by the AFT 6157 through grievance or conciliation and/or collective bargaining.

  • 5.8.5  Giving informed answers to members’ questions relating to our collective bargaining agreement and/or referring these or other issues that need further investigation to the Executive Director, Executive Board or President.

  • 5.8.6  Acting as a liaison with the Council of Division Representatives to ensure timely reporting on AFT 6157 issues at each semester meetings.

  • 5.8.7  Acting as contact person with Adjunct Campus Representative.

  • 5.8.8  Working with the grievance officer appointed by the Executive Board on matters concerning their respective campuses.

  • 5.8.9  Participating in the election process in accordance with the AFT 6157 By-laws ensuring that ballots are prepared, distributed and counted.

  • 5.8.10  Attending all meetings of the Executive Board.

  • 5.8.11  Carrying out assignment responsibilities from the President as listed in 3.4 above.

  • 5.8.12  Performing other duties as required by this office.

  • 5.8.13  Qualifications: The Campus Representatives – SJCC/EVC must be full-time faculty members from their respective campus.

  • 5.8.14  Voting: Only full-time AFT 6157 members are eligible to vote for the Full-time Campus Representatives from their respective campus.

• 5.9  Adjunct Campus Representatives – Two from SJCC and Two from EVC
  Working with the Executive Director, the Adjunct Campus Representatives shall be responsible for:

  • 5.9.1  Working closely with full-time campus representatives in addressing AFT 6157 concerns and issues on campus.

  • 5.9.2  Meeting with adjunct faculty members to determine areas of concern for conciliation, grievance and/or negotiations.

  • 5.9.3  Reporting regularly to the Executive Board on adjunct faculty members issues that need to be addressed by the AFT 6157 through grievance or conciliation and/or collective bargaining.

  • 5.9.4  Giving informed answers to members’ questions relating to the collective bargaining agreement and/or referring these, or other issues that need further investigation, to the Executive Director, Executive Board or President.

  • 5.9.5  Attending all meetings of the Executive Board.

  • 5.9.6  Carrying out assignment responsibilities from the President as listed in 3.4 above.

  • 5.9.7  Performing other duties as required by this office.

  • 5.9.8  Qualifications: Adjunct Campus Representatives – Qualifications: Adjunct Campus Representatives for SJCC/EVC must be adjunct faculty
    members from their respective campus. Once elected the faculty member may serve the full term even if not currently offered a teaching assignment.

  • 5.9.9  Voting: Only adjunct AFT 6157 members are eligible to vote for the Adjunct Campus Representative from their respective campus.

• 5.10  The Executive Board shall:

  • 5.10.1  Approve and publish a list of regular meeting dates and locations each semester; and extend an invitation to all faculty members to attend each meeting via email announcement.

  • 5.10.2  Review reports of the AFT 6157 committees and conduct AFT 6157 business.

  • 5.10.3  Recommend and approve the general allocation AFT 6157 funds.

  • 5.10.4  Ensure that the AFT 6157 membership is regularly informed regarding AFT 6157 issues.

  • 5.10.5  Vote to accept or reject actions regarding contract grievances, arbitrations, unfair labor practice charges, impasse proceedings, and all other AFT 6157 legal actions.

  • 5.10.6  Establish procedures for hiring Executive Director of the AFT 6157.

  • 5.10.7  Approve contract for Executive Director and Officer Manager of the AFT 6157.

  • 5.10.8  Participate in email vote(s) when deemed necessary by the President.

  • 5.10.9  When a decision must be made prior to the first Executive Board Meeting of an Academic Semester, the President, Vice President and Fiscal Officer with the input from the Executive Director shall make decisions during summer and intersession. These decisions shall be reported to the Executive Board at the next scheduled meeting.

  • 5.10.10  Encourage COPE membership (see 4.4 below).

  • 5.10.11  Ensure regular attendance of all Executive Board Officers.

• 5.11  Basis for Removal: A voting officer of the Executive Board is subject to removal from the Board and his or her officer position, and the seat declared vacant, by a majority vote of the Executive Board if:

  • 5.11.1  The officer is absent from more than two consecutive Executive Board meetings without notice to the Board.

  • 5.11.2  The officer has more than three unexcused absences from Executive Board meetings per semester without notice to the Board.

• 5.12  Chief Negotiator
  The Chief Negotiator is the chairperson of the Negotiations Team.  The Chief Negotiator/designee will attend all Executive Board meetings and perform other duties as required by this office.

• 5.13  Grievance Officer(s)
  The Grievance Officer(s) is chairperson(s) of the Grievance committee. They will handle all grievances for the AFT 6157, attend all Executive Board meetings as needed, and perform other duties as required by this office.  Grievance officer(s) shall have completed an appropriate AFT/CFT training or its equivalent.

Article Six – Committees and Duties

The AFT 6157 Executive Board establishes the following committees:

• 6.1  Negotiations Team

  • 6.1.1  Duties: Meet with the District negotiations team on all matters related to collective bargaining issues (including but not limited to wages, benefits and working conditions).

  • 6.1.2  Appointed by the Executive Board:

    • 6.1.2.1  Executive Director-Chief Spokesperson

    • 6.1.2.2  Chief Negotiator

    • 6.1.2.3  1 Full-time and 1 Adjunct Faculty Member

    • 6.1.2.4  President or designee

  • 6.1.3  This committee will report to the Executive Board throughout the negotiations process.

  • 6.1.4  All agreements reached during collective bargaining by this committee shall be considered tentative until agreed to by a vote of all the membership of the AFT 6157.

• 6.2  Grievance Committee

  • 6.2.1  The Grievance Officer(s) will be the chairperson(s) of the Grievance Committee.

  • 6.2.2  A Grievance Committee appointed by the Executive Board, working with the Executive Director (ex officio), the grievance officer and 3 members of the Executive Board, shall make recommendations to that board regarding contract grievances and unfair labor practice charges.

• 6.3  Retiree Committee

  • 6.3.1  Duties: Represents the interests and issues of the retired faculty members.

  • 6.3.2  The Chair shall be elected by the retiree committee and shall act as the liaison with the AFT 6157 and sit as an ex-officio member of the Executive Board.

  • 6.3.3  Membership shall be open to all retirees of the San Jose/Evergreen Community College District (SJECCD) faculty members.

• 6.4  Committee on Political Education (COPE)

  • 6.4.1  There shall be created a San Jose/Evergreen Faculty Association, AFT 6157 Committee on Political Education, known as COPE.

  • 6.4.2  A COPE Board shall consist of the Executive Board and four members, two from each campus, appointed by the Executive Board. The AFT 6157 President/designee shall serve as chair of the COPE Board.

  • 6.4.3  The purpose of COPE is to promote and support responsible and qualified candidates for the Board of Trustees of the SJECCD, other state and local candidates, and legislation, which may have a significant impact on educational funding and policies of SJECCD.

  • 6.4.4  Membership in COPE is voluntary and is established by paying COPE contributions.

  • 6.4.5  Decisions to endorse candidates and legislation shall be made upon recommendation of the COPE membership and by a vote of the COPE Board. Only dues paying members of COPE shall be entitled to vote on COPE issues.

  • 6.4.6  COPE is registered with the State of California as a state committee that makes contributions and expenditures in connection with state elections and/or elections in more than one county that mainly have to do with candidates for community college districts or schools.

• 6.5  COPE Coordinator: (Appointed by the Executive Board for a two year term) Working with the Executive Director, and President of AFT 6157, or designee the COPE Coordinator shall be responsible for:

  • Supporting the President of AFT 6157 with COPE meetings.

  • Coordinating communications with COPE membership on up-coming meetings and Political activities.

  • Encouraging members to participate in COPE activities and contribute to COPE funds through salary deductions.

  • Studying relevant proposed legislation, proposed initiatives, candidates for elected office, and initiate recommendations.

  • Presenting current political issues/concerns at the local, state, and national levels.

  • Recommending to the Executive Board through the COPE committee, disbursement of COPE funds (e.g. political contributions).

• 6.6  Faculty Mentorship Coordinator (FMC) (Appointed by the Executive Board for a Two Year Term) -One from Each Campus: Working with the Executive Director, each campus coordinator shall be responsible for:

  • Participating in new faculty members orientation with the Executive Director and President or designee

  • Recruiting of mentors to work with mentees

  • Training of new mentors

  • Supporting mentor /mentee activities

  • Evaluating yearly the over-all Faculty Mentorship Program (FMP)

Article Seven – Recall of Elected Officer

• 7.1  District-wide positions:
  President
  Vice President
  Fiscal Officer

  • 7.1.1  A petition signed by one-third of the AFT 6157 membership or a two-thirds vote of current Executive Board members shall bring a recall action to a vote of the membership of the AFT 6157.

  • 7.1.2  The officer shall be recalled by a sixty-percent (60%) affirmative (in favor of recall) vote of the total ballots cast in the election.

• 7.2  Campus positions:
  Two Full-Time Campus Representatives – SJCC
  Two Full-Time Campus Representatives – EVC
  Two Adjunct Campus Representatives – SJCC
  Two Adjunct Campus Representatives – EVC

  • 7.2.1  A petition signed by one-third of the AFT 6157 membership of the particular campus constituency represented by the officer or two-thirds of current Executive Board members shall bring a recall action to a vote of the membership of the AFT 6157 for that position’s constituency.

  • 7.2.2  The officer shall be recalled by a sixty-percent (60%) affirmative (in favor of recall) vote of the total ballots cast in the election of that position’s constituency group.

• 7.3  Upon receipt of a petition signed by one-third of the appropriate membership (signature requirements include: date, printed name, home campus, and signature of the individual), or a two-thirds vote of the Executive Board, the Executive Board shall call a special election within two weeks for the recall of the officer. The recall ballot must state the reasons for the recall and give the response of the officer in question not to exceed 300 words and must include at least one nominee for the office.  If the election results in the successful recall of the officer, then the nominee for that office receiving a plurality of votes cast assumes that office immediately.

Article Eight – Parliamentary Procedure

• Robert’s Rules of Order, Revised, shall be the general authority on parliamentary procedure at both membership meetings and those of the Executive Board.  The Executive Board reserves the right to make additional rules to facilitate the running of meetings as necessary.

Article Nine – Petitions of the Membership

• 9.1  The membership shall have the right to present petitions to the Executive Board.

• 9.2  Any issue that may be petitioned by the membership shall be brought to the Executive Board first for discussion.

• 9.3  Signatures of at least fifteen-percent (15%) of the AFT 6157 membership are required to be a valid petition. Signature requirements include: date, printed name, home campus, and signature of the individual.

• 9.4  The Executive Board may reject a petition if the Executive Board determines its subject matter is outside the scope of the AFT 6157 Constitution or By-laws or detrimental to the overall operation of the AFT 6157.

• 9.5  The Executive Board shall submit valid petitions before the membership for a vote within 20 working days of the acceptance of the petition. An advocate for the petition and an advocate against the petition will present statements to accompany the valid petition for the membership vote. If no advocate against the petition submits a statement, then no such statement is required.

• 9.6  A petition submitted before the membership for a vote requires sixty-percent (60%) of the ballots cast to be passed.

Article Ten – Council of Division Representatives

Council of Division Representatives (SJCC AND EVC): Facilitate communication within the union membership.

• 10.1  Definition:

  • 10.1.1  Council of Division Representatives will meet at least once each semester and will consist of members of each division. The goal of the council is to enable division members to have a faculty member representative they can approach with questions and issues.  These issues can then be conveyed to the AFT 6157 Executive Board through Division Council meetings or other forms of communication. Council Representatives will be conduits for information between the AFT 6157 leadership and the members.

  • 10.1.2  The Council of Division Representatives falls under the authority of the Executive Board and can be modified and revised as needed by the Executive Board.

• 10.2  Purpose:

  • 10.2.1  Educate members on the contract

  • 10.2.2  Increase communication between Executive Board and Members

  • 10.2.3  Provide a training ground for future leaders

  • 10.2.4  Build Union visibility, involvement and participation

  • 10.2.5  Increase access to the AFT 6157 throughout the campuses

  • 10.2.6  Include Council of Division Reps report at Division/Department Staff Meetings

  • 10.2.7  Participate in Community and Civic Organizations as Representatives of the AFT 6157

• 10.3  Structure: The AFT 6157 Executive Board shall appoint members to the Council of Faculty Reps from the following groups for a 2 year term.

  • 10.3.1  One or more members per Division, (with possible Alternates) based on size of the group may be part-time or full-time. Current delineations subject to change:

    • 10.3.1.1  EVC:

      • 10.3.1.1.1  Language Arts, Library and Learning Resources

      • 10.3.1.1.2  Business and Workforce Development

      • 10.3.1.1.3  Math, Science and Engineering

      • 10.3.1.1.4  Social Science/Humanities/Arts and PE

      • 10.3.1.1.5  Counseling, Guidance and Student Success

      • 10.3.1.1.6  Nursing and Allied Health

    • 10.3.1.2  SJCC

      • 10.3.1.2.1  Applied Science

      • 10.3.1.2.2  Athletics, Physical Education and Kinesiology

      • 10.3.1.2.3  Business and Technology

      • 10.3.1.2.4  Counseling and Student Success

      • 10.3.1.2.5  Humanities and Social Science

      • 10.3.1.2.6  Language Arts, Library and Learning Resources

      • 10.3.1.2.7  Math and Science

  • 10.4  Number of Meetings: to be determined by the Executive Board with a minimum of one meeting per semester.

  • 10.5  Led by President/Designee and attended by members of the Executive Board.

President, Steven Mentor

Vice President, Jessica Breheny

Fiscal Officer, Linda Ferrell

EVC Representative, Nasreen Rahim

EVC Representative, Al Gonzalez

EVC Adjunct Representative, Lisa Bell

EVC Adjunct Representative, Liz Falvey

SJCC Representative, Doug Robb

SJCC Representative, Dedrick Griffin, interim

SJCC Adjunct Representative, Barry Del Buono

SJCC Adjunct Representative, Carol Abohatab