Article I. Name
The name of this organization, referred to as “Association” in these By-laws, is the UC Merced Faculty Association.
Article II. Purposes and Functions
Section 1. The Association shall have as its general purposes:
(a) to enhance UC Merced faculty’s awareness of matters pertaining to the economic and working conditions of UC faculty;
(b) to advocate on behalf of UC Merced faculty interests regarding economic and working conditions;
(c) to foster and support faculty governance within UC Merced and the UC system; and
(d) to maintain and improve the economic status and general welfare of the faculty.
Section 2. The Association shall have as its principal functions:
(a) to inform, consult with, and represent faculty interests to all agencies whose decisions affect the faculty, and to gather and disseminate to the faculty information on all relevant issues before such agencies. These agencies include the legislative and executive branches of government and administrative agencies of the State of California, the Public Employment Relations Board, the Board of Regents, and when appropriate, the University-wide and campus administrations;
(b) to encourage the development of, maintain contact with, coordinate its activities with, and form liaisons with parallel or similar organizations on other campuses of the University of California;
(c) to prepare for the eventuality of collective bargaining by informing itself and the faculty continually on all relevant issues. It will monitor and attempt to influence any legislation that might be regarded as affecting collective bargaining by University faculty, so as to protect and further faculty interests such as the right to self-determination. With authorization of collective bargaining it may, upon approval of the membership, seek to become the collective bargaining agent for the UC Merced faculty.
Article III. Membership
Section 1. Membership in the Association is open to all members of the Academic Senate, Merced Division. Members who are administrative officers above the rank of chair of a department may not be members of the Executive Committee.
Section 2. The criteria for membership may be altered only on approval, in a ballot of the membership, by an absolute majority of those voting. The Executive Board shall make its views on the recommended change of membership criteria known to the membership at the time the ballots are distributed.
Section 3. The Secretary will manage membership list data and its use for Association activity only.
Article IV. Relation to the Merced Division
The Association shall carry out its functions independent of the activities of the Merced Division of the Academic Senate and its committees and shall make use of none of the resources or facilities of the Merced Division. It shall support the principle of governance expressed in the present delegation of authority by the Board of Regents to the Academic Senate.
Article V. Executive Board and Officers
Section 1. The Association shall have an Executive Board consisting of five members elected by the members of the Association. Board members will serve their term in office without remuneration.
Section 2. The officers of the Association shall be a Chair, a Secretary, and a Treasurer. The officers shall be selected by the Executive Board from its own members following each election of Board members, and shall serve until successors are selected. Officers once selected may be removed by a vote of four members of the Board at a meeting called for that purpose.
Section 3. The term of elected Board members shall be two years. Board positions shall be filled as their terms expire by election. (Acting initial board members in 2023, self-nominated for the purpose of creating this Association, will serve until no later than December 31, 2023 unless elected by the procedure described herein.) The term of elected and appointed Board members shall be two years, beginning July 1 and ending June 30.
Section 4. Vacancies among elected members of the Executive Board or among its officers shall be filled by action of the Executive Board members. Appointed positions may remain vacant at the discretion of the Executive Board.
Section 5. Elections for the Executive Board shall be conducted by ballot of the members in good standing as of two weeks before the date the ballots are sent. Ballots shall be completed within two weeks of the date of issuance to be considered valid.
Section 6. The Executive Board shall arrange for the election of members to the Board in the following manner:
(a) Elections for the Board shall be by vote of the members in good standing as of April 1. Ballots shall be sent no later than May 10.
(b) The Board shall call on the entire membership for nominations and self-nominations.
(c) There shall be a Nominating Committee for Board elections, which shall consist of three Association members in good standing as of the date of appointment. The Executive Board shall make the appointments; no member of the Board may be appointed to the Nominating Committee.
(d) On or before April 15, the Nominating Committee shall propose a candidate for each Board position to be filled at that election. The Board will inform the membership of the nominees; such notice will also indicate that further nominations may be made on petition of members in good standing as of April 1. Such petitions shall be delivered to the Secretary of the Association on or before May 1. The names of all candidates nominated by the Nominating Committee and by petition shall be placed on the ballot.
(d) The Board shall announce the results of the election within seven days of the close of the ballot period. In the event that there are no contested positions on the ballot, the slate shall be considered elected by acclamation and the membership duly informed.
Article VI. Duties of the Executive Board and its officers
Section 1. The Executive Board shall meet at the discretion of the Chair or at the request of three members of the Board. A majority of the Board shall constitute a quorum for binding votes.
The Board shall keep itself and the Association informed on matters that concern the Association’s purposes and functions as stated in Article II and may create, when appropriate, committees to assist in these duties; it shall act as the governing body of the Association between Association meetings; it shall direct the recruitment of new members.
Section 2. The duties of the officers are as follows:
(a) The Chair or chair’s designee shall preside over meetings of the Association and of the Executive Board, and shall issue the call for such meetings, and shall supervise the administration of the Association’s enterprises. Normally, the Chair will take the lead in keeping in contact with CUCFA, although other Executive Board members may also participate in this.
(b) The Secretary shall keep records of the Association, including the minutes of all regular and special meetings of the Association and all meetings of the Executive Board, shall conduct the ordinary correspondence of the Association, and shall issue notice of the call to regular and special meetings of the Association when requested to do so by the Chair. The Secretary shall assist the Chair in the supervision of the general program of the Association and shall act in the Chair’s stead at all Association and Executive Board meetings which the Chair is unable to attend, and will be responsible for election processing as specified above.
(c) The Treasurer shall serve as the custodian of Association funds and shall keep funds in a suitable depository, shall keep the Association’s financial statement up to date at all times and make it available to the Association upon request, shall maintain and keep a current list of the membership in good standing and make it available at any meeting of the Association when called for, shall disburse funds of the Association as authorized by the Executive Board, and shall receive the payment of initiation fees and membership dues and handle the processing of payroll deduction forms.
Section 3. Members of the Executive Board shall perform such other functions as the Board may determine. The Association or the Board may establish such committees as circumstances require.
Article VII. Staff of the Association
The Executive Board may employ such staff as is necessary for the efficient functioning of the Association. The staff will operate under the direction of the Board.
Article VIII. Dues and Assessments
Section 1. The dues shall be graduated by faculty rank on a twelve-month basis at the rates set by the Board for Assistant, Associate, Full, and Emeriti Professors. The Board may develop a comparable and equitable dues structure to cover persons holding other titles, members on leave, and other special categories.
Section 2. Paid-up membership shall be a prerequisite for Association membership in good standing.
Section 3. In extraordinary cases where special conditions warrant that it would be equitable and justified, the Executive Board may temporarily modify or excuse the monthly dues payment of an individual member of the Association when requested to do so by any member of the Association in good standing.
Section 4. A special assessment may be levied upon the recommendation of the Executive Board and upon approval by a majority vote at a subsequent meeting of the Association, providing that the quorum requirement above is met and that the proposal is specifically announced in the call for the meeting at which ratification is proposed.
Section 5. In the event the Association dissolves, its total assets shall be divided equally among the members in good standing after all debts have been paid.
Article IX. Meetings
Section 1. The Executive Board will report to the membership each academic year in a general meeting or in writing or both.
Section 2. The Chair shall call a special meeting of the Association within two weeks when requested to do so by a majority of the Executive Board or on petition signed by at least 20 of the membership in good standing.
Section 3. The quorum for any Association meeting shall be ten percent of membership. Any action taken at an Association meeting shall be submitted for approval to the membership by ballot upon request of one-third of the members in attendance at that meeting or of a majority of the Executive Board.
Section 4. The Secretary shall issue a notice of any regular or special meeting of the Association at least seven days prior to the meeting date, unless the Executive Board deems that circumstances require shorter notice.
Section 5. Disputes concerned with procedures to be followed at meetings of the Association shall be resolved whenever possible according to the Standard Code of Parliamentary Procedure. When this code does not resolve the procedural difficulty, the dispute may be settled by a ruling of the presiding officer, subject to reversal on appeal only by a vote of at least two-thirds of those members present and voting.
Article X. Voting and Ballots
Section 1. Ballots, other than those scheduled for regular election to the Board, may be initiated for any purpose by the Executive Board or by direction of a regular or special meeting of the Association.
Section 2. Except as otherwise specified in these by-laws, those eligible to vote in any ballot shall be all members in good standing as of one month before the date on which these ballots are sent. Unless the Executive Board shall declare that an emergency exists requiring a shorter period, all ballots returned within one week from the date of sending shall be counted.
Section 3. Except as otherwise specified in these by-laws, matters submitted to the membership by ballot shall require only a simple majority of those casting ballots.
Section 5. Communications with members, including election notices, election ballots, and polls, may be conducted by regular mail or e-mail, using appropriate controls for security to be determined by the Executive Board using the technology of the moment.
Article XI. Amendment of Bylaws
These by-laws may be amended, except as provided in Article III, Section 2, by a majority of the membership responding to a ballot.
Article XII. Effective Date: These by-laws became effective on February 28, 2023.