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ASSOCIATION
OF SURROGATE’S AND SUPREME COURT REPORTERS WITHIN THE CITY OF NEW YORKCONSTITUTION
ARTICLE I NAME: The name of this Association shall be the ASSOCIATION OF SURROGATE'S AND SUPREME COURT REPORTERS WITHIN THE CITY OF NEW YORK.
Section 1. The objective of this Association is to promote the general welfare and best interests of all Surrogate’s and Supreme Court Reporters working within the City of New York. Section 2. This Association shall act as the exclusive bargaining representative for all its members in all dealings with the State of New York, the City of New York, the Office of Court Administration, and any agency or department of the city, state or federal government, as well as the private sector. ARTICLE III
Any official court reporter appointed to one of the Surrogate’s or Supreme Courts with the City of New York shall be eligible for membership.
The officers of this Association shall be: President
Each of the boroughs shall be represented by one of its members elected to the Offices of the president, First Vice-president, Second Vice-President, and Third Vice-President. For these offices Staten Island shall be considered a part of Brooklyn. However, a member from any of the five boroughs may fill the offices of Secretary, Treasurer and Legislative Officer.
ELECTIONS: Section
1. The term of office of the officers shall be for three years. The membership shall be notified of the composition of the Nominating Committee, and the period during which it will be considering a new slate. No later than October 15th, the Nominating Committee shall send to the membership by letter a listing of the proposed slate of officers. On or before October 31st, upon written petition of at least three members of the Association addressed to the Chairperson of the Nominating Committee, an additional slate of officers may be placed in nomination. Such additional slate shall confirm to the requirements of Article IV, and may contain some of the names designated by the Nominating Committee. However, no slate may be placed in nomination without the consent of the persons so nominated. Within three days after receipt of such petition, the Chairperson shall cause to be sent to the membership a letter setting forth the additional slate nominated. Nominations shall be closed on November 1st. The provisions of this section shall be called to the attention of the membership when the Nominating Committee promulgates its recommended slate of officers. Each district shall be notified that it is preferable that half of its nominees not be members of the Executive Committee. Section 5. Only members in good standing shall be eligible to vote or to hold office Section 6. If the office of the President shall become vacant, the First Vice-President shall succeed to the office of the President for the unexpired term. If he/she should be unable to serve, then the Second Vice-President shall fill the office of the President for the unexpired term. If the First and second Vice-Presidents should be unable to serve, then the Third Vice-President shall fill the office of the President for the unexpired term. Section 7. In the event of a vacancy in any office other than that of President, it shall be filled for the unexpired term by a majority vote of the Executive Committee.
Section 1. The President shall preside at all meetings of the Association and the Executive Committee. He/She shall call meetings of the Executive Committee. He/She shall act as liaison with counsel, participate in negotiations relating to salaries and working conditions, and perform such other duties as may be assigned to him/her by the Association or the Executive Committee. He/She shall be a member ex officio of all committees except the Nominating Committee. Section 2. The First Vice-President shall act as an aide to the President, shall perform the duties of the President in the absence of that officer, and such other duties as may be assigned to him/her by the Association or the Executive Committee. Section 3. The Second Vice-President shall act as an aide to the President, shall perform the duties of the President in the absence of that officer and the First Vice-President, and such other duties as may be assigned to him/her by the Association or the Executive Committee. Section 4. The Third Vice-President shall act as an aide to the President, shall perform the duties of the President in the absence of that officer and the First and Second Vice-Presidents, and such other duties as may be assigned to him/her by the Association or the Executive Committee. Section 5. The Secretary shall keep permanent minutes of all meetings of the Association and the Executive Committee and send out notices of meetings when requested by the President. Section 6. The Treasurer shall receive all moneys of the Association and the Welfare Fund, keep a complete record of receipts and expenditures, and pay out funds only as authorized by the Association, the Trustees of the Welfare Fund, the Executive Committee, or the President. The Treasurer shall file or cause to be filed all appropriate and required reports and returns in a timely fashion. He/She shall present a statement of account when requested by the President or the Executive Committee, and shall make a full financial report at annual, special, and Executive Committee meetings. Section 7. The Legislative Officer shall coordinate his activities with the Association’s lobbyist and officers and the Executive Committee.
Section
1. Committees shall be designated by the President and the Executive Committee
as the need arises. The chairperson shall be appointed by the President. The
chairperson of all committees shall be members of the Executive Committee. Their
term of office shall be the same as that of the elected officers.
Section 1. In addition to the elected officers, representation on the Executive Committee shall be on the basis of one for every ten reporters, or part thereof, in each judicial District within the City of New York. The Surrogate’s Court shall be entitled to one representative in addition thereto. Principal court reporters shall be considered members ex officio. Section 2. The representatives of each judicial district shall be elected by the members in each district to serve for a term of three years commencing at the close of the election of officers every three years. The election of representatives shall take place in each district no later than October 15th every three years. The Surrogate’s Courts’ representative shall be elected among themselves. Section 3. The Executive Committee shall transact all necessary business in the intervals between Association meetings, and such other work as may be referred to it by the Association. Section 4. A majority of the Executive Committee shall constitute a quorum, provided at least two of the elected officers are present. Section 5. Meetings of the Executive Committee will be called by the President. Upon written request of a majority of the members of the Executive Committee, the president will call a special meeting of the Executive Committee. Section 6. There shall not be less than two Executive Committee meetings between each annual meeting. --------------------
ARTICLE I
Section 1. This Association shall function on a fiscal year basis ending on November 30th of each year. Section 2. The dues of this Association will be collected only by check-off. Each member will sign a payroll deduction card for submission to the payroll division of each judicial district. The dues check-off deduction will be $50.00 out of each two-week pay check per member. Section 3. The Executive Committee shall be empowered to fix a special assessment in the event of some extraordinary need. This shall be subject to approval by a majority of the membership at a meeting or by written ballot through the mails. Section 4. In the event a member is in arrears for dues or assessments, the Treasurer will report such fact to the Executive Committee, which will determine whether such member is to remain in good standing. Section 5. Any Senior Court Reporter who is not a member of this Association must pay an agency shop fee to cover the employee’s pro rata share of the Association’s expenditures for collective bargaining, contract administration, grievance adjustment and related activities. Any Senior Court Reporter who is not a member of the Association will not involuntarily be required to pay any portion of any expenditures by the Association in aid of activities or causes of a political or ideological nature. The amount of the agency shop fee shall be determined in the following manner: The Treasurer shall within 90 days of the end of the Association’s fiscal year ascertain the total expenditures of the Association for the preceding fiscal year, and shall determine mathematically therefrom the portion of those expenditures incurred in connection with collective bargaining, contract administration, grievance adjustment and related activities. The Treasurer shall set the agency shop fee in an amount equivalent to the portion of Association dues which equals the percentage of the Association’s total expenditures for collective bargaining, contract administration, grievance adjustment and related activities. The Treasurer shall provide each Senior Court Reporter not a member written notice of the agency shop fee to be paid for a one-year period commencing March 1st of each year, and a written statement of the Association’s expenditures for collective bargaining, contract administration, grievance adjustment and related activities during the preceding fiscal year. That statement shall be verified by the Association’s independent auditors. Ten percent (10%) of the agency shop fee collected from Senior Court Reporters who are not members of this Association shall be held in escrow by the Association in a separate, interest bearing account, which shall be used to pay refunds in the event that agency shop fees paid are determined by an impartial arbitrator, to have been inaccurate, as set forth below. Any person paying an agency shop fee may object to the amount of the fee paid for the previous year, or the fee to be paid for the next year, on the ground that it does not accurately reflect the proportionate share of the Association’s expenditures incurred for collective bargaining, contract administration, grievance adjustment and related activities in the previous fiscal year. The objection shall be set forth in writing and must be delivered to the Association by hand, or by registered or certified mail, return receipt requested, within thirty days after receipt of the Treasurer’s statement of expenditures. Objections shall be heard and resolved expeditiously by an impartial arbitrator appointed by the American Arbitration Association (AAA) and acting in accordance with the AAA’s rules for agency fee arbitrations. The decision of the impartial arbitrator shall be final and binding.
Section 1. The annual meeting of this Association shall be held during the middle of November, or as near to that time as practicable. The membership shall be notified by the Secretary at least thirty days in advance of the meeting of its exact date and place. Section 2. Special meetings of the Association may be called by the President at any time, upon at least three days written notice. Emergency meetings may be called by the President at any time. Section 3. Upon written request of twenty-five percent of the members, or a majority of the Executive Committee, the President shall call a special meeting of the Association. Section 4. One- fourth of the membership shall constitute a quorum for the transaction of business at any meeting of this Association. Section 5. The election and installation of officers shall be held at the annual meeting in November.
Section 1. This constitution and bylaws may be amended by written ballot at any meeting of the Association by a two-thirds vote of the members present and voting, provided notice of the proposed amendment, together with the text thereof, shall have been sent to the members by letter at least two weeks before the meeting. Section 2. An amendment to this constitution and bylaws may be proposed by the Executive Committee or by at least twenty-five percent of the membership upon written petition setting forth the proposed change to be sent to the membership and shall call a special meeting to vote thereon, as prescribed in Section 1 above.
ADOPTED: February 16, 1966
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