Members in Good StandingAGANA HEIGHTS ELEMENTARY SCHOOL

September 2, 2010

Executive Council MembersGUAM FEDERATION OF TEACHERSP.O. Box 2301Hagatna, Guam 96932

Re: . Proposed Constitution Amendments

Guam's Local UnionRECEIVED ,BY:__ ~~::=""'-r-~---

Date:__ ?iZi--L+-3~/;:..../:.....-.D _

Dear Council Members:

By memorandum dated May 26,2010, Barry Mead, Chair of the GCC Faculty Union prepared proposedamendments to the Guam Federation of Teachers Constitution received by GFT on June 1,2010. Based uponcurrent events we desire to ensure that these amendments are properly presented at the General MembershipMeeting scheduled for later this month .

.We are concerned as since these have been submitted we are unaware of any action taken by theExecutive Council to ensure these amendments are to be presented at the upcoming General Membershipmeeting. We support and resubmit these amendments and expect that proper notification will be given to allmembers as required by the GFT Constitution,

cc: Ms. Pearl MoenaheleSenior InvestigatorU.S. Department of LaborOffice of Labor Management Standards300 Ala MoanaBlvd., Room 5-121P.O. Box 50204Honolulu. Hawaii 96850

Mr. Sol SmithWestern Regional Office DirectorAmerican Federation of Teachers650 East Hospitality Lane, Suite 360San Bernadino, CA 92408

Mr. David J. StromGeneral CounselAmerican Federation of Teachers555 New Jersey Ave. N.W.Washington, D.C. 20001

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Barry L. MeadChair

Karen M. S. SablanVice-Chair

Juanita M. TenorioRecorder

Guam Community Col~egeFacultyUnion

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Cuam Federation of ~e.e"el'sMEMORANDUM

Date: May 26. 2010

To: Guam Federation of Teachers Executive Council

Via: Matt RectorPresident __

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

Subject: Proposed Amendments to the Guam Federation of TeachersConstitution effective December 05, 2009

Attached are eleven (11) proposed amendments to the Constitution of the GuamFederation of Teachers in accordance with Article XII of the constitution.

It is requested that these amendments be heard and voted upon at the next regularmeeting which according to Article VII. D. is scheduled to be held in September 2010.

Also, in accordance with Article XU it is requested that the notification for thismeeting be done by mail with copies of these amendments included. To only publishthe notice and the proposed amendments on a web site would severely hamper thememberships ability to have knowledge of the proposals and ability to decide how tovote.

I would also ask that due to the number of amendments and the complexity of thevoting that every attempt be made to insure that a maximum number of members arepresent, and that a roll call vote of the members signing in be taken on eachamendment 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 GuamFederation of Teachers, Local 15&1American Federation of Teachers, AFL-CIO, I hereby submit thefollowing 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 thebenefits of the membership.

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

Proposed Lanwa:e of new sentence - Any person so approved may not hold any elected officewithin the Guam Federation of Teachers.

For Consideration

In accordance with article XII of the Constitution, Bylaws and Articles of Incorporation of the GuamFederation of Teachers, Local 1581 American Federation of Teachers. AFL-CIO. I hereby submit thefollowing 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, whichread, "The president, Vice-President, Secretary, and Treasurer shall be elected at-large from thetotal dues paying membership of the GFT." To be an officer of the union you must be a dues payingmember, as such any officer of the GFT Executive Council must be a dues paying member. If theyare 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 GuamFederation 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 Teachersremoins 119 it should be, voluntary. The IllSt three words of the first paragraph make no sense andlook as though there should have been a return and these three words are the heading for the nextparagraph.. The second paragraph in essence causes membership, once established, that it becomesalmost impossible to discontinue.

CUrrent Language Para&raph One last sentence - Any members withdrawing under thesecircumstances may have their remaining dues waived by a two thirds majority vote of the Executivecouncil on an appeal from the affected members.

Proposed Lanpa:e of Dew sentence - Any member withdrawing during their first year ofmembership may have their remaining dues waived by a two thirds majority vote of the Executivecouncil on an appeal from the affected member.

Propose the insertion of a return before the last three words of the first paragraph to make thema headina for paragraph two (2) which reads - Tennination of Membership

Constitutional ArnendmentFor Consideration

In accordance with article XU of the Constitution, Byl4W~ and Articles of Incorporation of the GuamFederation of Teachers. Local 1581 American Federation of Teachers. AFL-CIO, I hereby submit thefollowing 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 Teachersremains as it should be, voluntary. The second paragraph beginning with the words Resignation bymember in essence causes membership, once established, almost impossible to discontinue.

Current Language - Any members may resign from the Union on their membership anniversary dateand fourteen days thereafter by submitting a written notice by hand delivery to GFT's main office or tothe GFT by Certified mail postmarked during the fourteen day period. Any member resigning shall beliable for the payment of all subscriptions, health plan payments, :fmes and levies owed to GFT on thedate of said resignation and such monies may be sued for and recovered in the name of GFT or it'sdesignee.

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 mainoffice or to the GFT by Certified maiJe Any member resigning shall be liable for the payment of allsubscriptions, health plan payments, fines and levies owed to GFT on the date of said resignation andsuch 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 GuamFederation of Teachers, Local 15tH American Federation of Teachers, AFL-CIO, I hereby submit thefollowing proposed Amendment for the consideration of the membership.

Article V, E, Terms of Membership and Payment of Dues, Section pertaining toSuspension or Expulsion by Executive Council

The intent of this amendment is to ensure that a member is treated fairly and in the manner inwhich the GFT expects its members to be treated by any management: Paragraph one of the sectionheaded Suspension or Expulsion by Executive council, makes the suspension one of subjectivity andnot one of objectives. There are no examples given what would or could be considered as conductharniful to the interests of the GFT or its members. As a union we are all about process when itcomes to for example adverse action. With Adverse action there is a list of offenses withrecommended 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 toEmployer termination, until the section can be rewritten to include a list of offenses, relatedactions and a procedure that allows for the grounds for Suspension or Ex.pulsion by the ExecutiveCouncil 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 GuamFederation of Teachers, Local 1581American Federation of Teachers, AFL-CIO, I hereby submit thefollowing 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 Teachersremains 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 activestanding and shall comply with Article VIII.B.2. The Executive council may allow unions to merge. Aunion, 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 activestanding and shall comply with Article VllI.B.2. The Executive council may allow unions to merge. Aunion, once entered into GFT, shall be allowed to leave, by showing evidence that a vote of itsmembers has been taken and a two-thirds majority of the total members of that union (unit) voted infavor of leaving the GFT.

For Consideration

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

Article VI. C. 2 procedures for Electing Officers Inserting of Only and Dues Paying to thesentence

The intent of this amendment is to ensure only regular members of the represented units receive thebenefits 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 GFTmembers 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 GuamFederation of Teachers, Local 1581 American Federation of Teachers, AFL-CIO. I hereby submit thefollowing 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 ballotCurrently this sentence is in conflict with Article JI7, C, 8b which states, "Each ballot shall containspace for members to write-in names of candidates who are not printed on the ballot." It is also inconflict with Article C (?) 1 & 2 that allows for a recall of officers. If there was no votes cast asallowed for in the Article, then to have a recall election should one be deemed necessary becomesonly something that can be determined by the courts.

Current LaD2Jla£e - Should a candidate be unopposed for any office, that candidate shall beconsidered 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 GuamFederation of Teachers, Local 1581 American Federation of Teachers, AFL-CIO, I hereby submit thefollowing proposed Arnendment for the consideration of the membership.

Article VI. D, I. (recall of any of the four at-large officers) RECALL ELECTIONS

The intent of this amendment is to ensure that membership in the Guam Federation of Teachersmay recall an officer that is, in the opinion of the membership not fulfilling the responsibilities andduties 0/ the office, or is causing considerably unfavorable or damaging attention to be broughtupon the Guam F'ederation of Teachers.

Current Language of the second sentence of the first paragraph Section 1- "The petition must besigned 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 regularmembers voting in the most recent election for that office. Should no actual vote have been taken thena petition in order to be valid shall have no less than 250 signatures of regular dues paying members ofthe 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 totalregular members must vote "Yes."

Proposed Langyage - In order for this referendum election to be valid, at least two-thirds of thenumber of members voting in the most recent election for that office shall vote "Yes." Should noactual vote have been taken then at least two thirds of the number of members voting for the recall shallvote "Yes."

For Consideration

In accordance with article xn of the Constinuion; Bylaws and Articles of Incorporation of the GuamFederation of Teachers. Local 1581 American Federation of Teachers, AFL-CrO, I hereby submit thefollowing 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 ofa majority of the active Council membership. A union officer .

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

For Consideration

In accordance with article XU of the Constitution, Bylaws and Articles of Incorporation of the GuamFederation of Teachers, Local 15fU American Federation of Teachers,AFL-CTO, T hereby submit thefollowing 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 ExecutiveCouncil to the members of the council, and require that the meeting be called by two members notone.

Current Language - The President or Acting President of the GFT shall have the authority to callspecial meetings of the Executive CounciL

Proposed Lan~uaee - When considered needed, a special meeting of the Executive Council shall becalled by not less than any two (2) active members of the counciL