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Organization Purpose
The purpose of this organization is to increase the popularity of our common interests. We hope to add new members so we will
be able to grow and expand. We also want to have fun while when we are together and working on projects. By developing relationships
and friendships, the organization will become even stronger.
NAATS CONSTITUTION
PREAMBLE
The membership of this Association reserves to itself all authority not granted herein to the governing
body as necessary for the conduct of the Association's affairs.
By conferring the following authority on their
elected leaders, the members hereby repose in their leaders
a responsibility to exercise that authority, to manage the
Association's business, to hold their property,
and to spend their money, solely at the behest of the Association and
its members in accordance with
high fiduciary standards.
ARTICLE 1 - NAME
This unaffiliated, nonprofit,
membership organization shall be known as the National Association of Air
Traffic Specialists ("NAATS" or "Association").
ARTICLE 2 - HEADQUARTERS
The headquarters and National Office of this Association shall be located in Washington,
D.C., or
vicinity.
ARTICLE 3 - OBJECTIVES
The objectives of NAATS are: to promote, enhance and improve
the dignity and stature of specialists in
the Flight Service option, in all of its phases and applications, together with
any other persons employed
by the Federal Aviation Administration who are members of bargaining units for which NAATS
is
recognized as the exclusive representative; to improve the hours, wages, and working conditions of
NAATS members;
to educate members and the general public about democratic unionism and to foster
public sentiment favorable to reforms
sponsored by NAATS; to petition Congress and other governmental
agencies and tribunals for the enactment and enforcement
of laws and regulations that protect and
enhance the welfare of its members, and workers generally; and to cooperate with
all persons interested
in the promotion and advancement of aviation safety and services.
ARTICLE 4 - MEMBERSHIP
Section 1. The membership of this organization shall be comprised of those persons who subscribe to
the foregoing
objects, and who tender appropriate dues.
Section 2. Regular membership shall be available to all persons employed
by the Federal Aviation
Administration in bargaining units which NAATS is certified to represent. Associate membership
shall be
available to all other persons, including retirees.
Section 3. An individual may obtain regular membership
in this Association by executing a dues
deduction authorization form. Associate membership may be obtained by submitting
an application and
paying dues directly to the National Office.
Section 4. It shall be the duty of all members
to faithfully abide by this Constitution and the rules and
regulations of this Association, to uphold and defend the rights
of every other member under this
Constitution and to aid and support enforcement of the duties of every other member under
this
Constitution, and to support the enforcement of collective bargaining agreements negotiated by the
Association.
Section 5. All regular members in good standing shall have equal rights and privileges in this
Association without
regard to age, handicap, race, color, creed, sex or national origin, and shall have the
right, subject to the provisions
of this Constitution, to nominate candidates, to run for office, to support
candidates of their choosing without fear
of reprisal, to vote in elections and referenda, to attend
membership meetings, to express any views, arguments or opinions,
to meet and assemble freely with
other members, and to participate in the discussions, deliberations and voting upon the
business of such
meetings. Associate members shall be entitled to enjoy such rights and privileges as may be determined
by the Board of Directors; provided, however, that they shall not be eligible to vote.
Section 6. Except for
the nonpayment of dues, no member may be fined, censured, suspended,
expelled or otherwise disciplined for actions detrimental
to the Association, or for refusing to abide by
this Constitution, unless such member has been served with specific, written
charges, given a
reasonable opportunity to prepare his or her defense, and afforded a full and fair hearing in accordance
with federal law.
Section 7. In addition to the right to vote for officers, on proposed amendments to this Constitution,
matters submitted by the Board of Directors, and as required by Federal Law or Regulation, all regular
members shall
be entitled to ratify by majority vote collective bargaining agreements in accordance with
fair and impartial procedures
established by the Board of Directors, and shall be entitled to be furnished
with the text of any proposed changes and
deletions together with their ballots.
ARTICLE 5 - DUES
Section 1. Regular member dues shall be proposed
by the Board of Directors, and approved by the
regular membership by secret ballot. Associate member dues shall be set
by the Board of Directors.
Section 2. Dues shall be payable only through payroll deduction, except for Associate
members, or
when otherwise authorized by the Board of Directors.
Section 3. If the dues of any associate member
remain unpaid beyond ninety days, his or her
membership shall be terminated.
ARTICLE 6 - OFFICERS
Section
1. The officers of this Association shall be a President and the nine Regional Directors
collectively who shall comprise
the Board of Directors. The members of the Board shall meet
periodically.
Section 2. The Association shall be
governed by its Board of Directors which shall establish, amend,
and review all policies of the Association. The Board
may delegate its authority as necessary. It may
authorize the creation and term of committees in which case the President
shall nominate the committee
chairperson, which nomination shall be subject to Board approval.
Section 3. The
Board shall meet at least semiannually at times and places to be selected by the Board.
A special meeting may be called
by the President or by a majority of the members of the Board of
Directors. The business of the Board may also be conducted
by mail/fax vote, or by conference call. All
conference call votes shall be documented. All Directors shall be given reasonable
advance notice prior
to the transaction of business of the Association. A quorum shall consist of two-thirds of the members
of
the Board of the Directors. In no case shall block votes be accepted. In no case shall proxy votes be
accepted,
except that the Regional Coordinator may vote on behalf of their Director, in circumstances
when a Director's illness
or personal family emergency precludes their participation in a vote. Members in
good standing shall be permitted to attend
all meetings of the Board, except when the Board meets in
executive session.
Section 4. The President shall
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(a) Preside at meetings of the Board, and shall vote only to break ties among the Board;
(b)
Preside at national conventions, and other meetings of the Association;
(c) Sign any deed, mortgage, bond,
contract or other instrument which the Board of
Directors has authorized to be executed, except in cases where the
signing and execution
thereof shall be expressly delegated by the Board of Directors to some other officer or
agent of the Association;
(d) Interpret this Constitution subject to Board review, approval or modification;
(e) Perform such other duties as may be prescribed by the Board of Directors.
Section 5. Regional
Directors shall be responsible for the handling of all matters of the Association with
in their respective Regions, consistent
with Association policy, and shall be the main contact between
NAATS and the FAA in their Region. Regional Directors may
delegate authority, as needed, to assure
the competent and expeditious conduct of the Association's business within their
Regions.
Section 6. In addition to the Regional Director, there shall be one Regional Coordinator in each Region
who shall perform such duties as may be assigned by the Regional Director, and one Facility
Representative for each
FAA facility where bargaining unit members are employed.
Section 7. Facility Representatives shall be responsible
for representing the bargaining unit members in
their respective facilities in accordance with the NAATS/FAA Contract,
the NAATS Constitution,
directives of the Board of Directors, and all applicable laws, rules and regulations. In addition,
they shall
perform other duties that may be assigned by their Regional Director.
ARTICLE 7 - ELECTIONS
Section
1. Term of office. The term of elective office shall be three years; however the term for each
facility representative
shall be determined by each facility.
Section 2. Vacancies in office.
(a) If the office of President
should be vacated during the third year of the term, the Board
shall appoint a member in good standing to fill the
vacant office provided the member would
be eligible to be elected to the office. If the office should become vacant
during the first or
second year of the term, a special election shall be held within 90 days.
(b)
If the office of a Regional Director becomes vacant during the third year of the term, the
Regional Coordinator shall
assume the office, subject to the approval of the Board of
Directors, and provided that s/he was elected to that
office. If the office of a Regional
Director becomes vacant during the first or second year of the term, or the Regional
Coordinator does not assume the office, a special election shall be held within 90 days.
(c) If the
office of Regional Coordinator becomes vacant, the Regional Director shall appoint
a member from that Region to fill
the remainder of the term of office provided that member
would be eligible to run for that office.
(d) If a Facility Representative position should become vacant during the term of office, the
Alternate Facility
Representative shall assume the office, provided that s/he was elected to
that office; otherwise an election shall
be held to fill the vacancy.
Section 3. Eligibility. Candidates for elective office shall:
(a) Have
met the requirements of full performance level in the flight service option, or the
journeyman level in any other
bargaining unit for which the organization is recognized as
the exclusive representative;
(b) Have
been an regular member in continuous good standing for two consecutive years
prior to the time he or she will assume
office (except that a candidate for the office of
Facility Representative shall have been an regular member in good
standing for ninety
consecutive days prior to the time he or she will assume office) and shall be employed
within the jurisdiction the member would represent as an elected official;
(c) Be free of indebtedness to NAATS;
(d) Only seek or hold one office in any election; provided however, Regional Coordinators
may also
run for, and simultaneously hold office as, Facility Representatives or Alternates,
and vice versa.
(e) Not have been censured, suspended or expelled by the Association, or recalled from
elective office within the
preceding four years from the date of acceptance of nomination for
office.
Section 4. Nominations.
(a) By April 15, 1995, and every three years thereafter, an Election Committee shall be
appointed by the
Board of Directors. The Committee shall supervise the elections, the
counting of the ballots, and report the results
to the membership. The Election Committee
shall be a standing committee for the three-year term of office.
(b) Immediately following its appointment, the Election Committee shall cause a Notice of
Election to be
disseminated by May 15th to all Facility Representatives who shall cause it
to be posted prominently, and to remain
posted, on a union bulletin board for a month. The
Notice shall inform all members that the nomination period has
opened and that
nominations must be received by the National Office no later than June 20th or the first
business day thereafter if June 20th should fall on a weekend or holiday. The Notice shall
include a nomination form
which may be duplicated and shall be used by interested
members or candidates. Copies shall also be made available
promptly to members
requesting them from the National Office.
(c) The Election Committee shall verify
the eligibility of all nominees and shall inform them
of their nominations by mail postmarked no later than July
1st. Thereafter, candidates shall
have until July 15th to accept nomination to run for one office. Candidates for
Regional
Director and Regional Coordinator may also submit by July 15th camera-ready,
black-and-white photos
of their head and shoulders only, and/or a 300-word statement to
be sent to members together with their ballots.
Section 5. Voting.
(a) Balloting materials shall be mailed to all regular members in good standing
no later than
August 5th. A double-envelope system shall be used for the return ballots to insure ballot
secrecy. Member identification shall be required on the outer envelope, and the inner
envelope in which the marked
ballot is placed shall be free of any markings that could
identify the voter.
(b) The balloting materials
shall inform members that their ballots must be received at the
Post Office Box appearing on the outer, return envelope,
no later than September 10th (or
first business day thereafter) to be counted.
(c) The Election Committee
shall rent a Post Office Box where marked ballots are to be
returned and to make arrangements with the Postmaster
to collect and safeguard the
returned ballots until their pickup by the Election Committee on September 11 (or first
business day thereafter) for counting.
(d) The Election Committee shall make arrangements for eligible
voters who do not receive
ballots to request and obtain duplicate ballots from the National Office.
(e) At the conclusion of the election, the Election Committee shall account for all ballots
printed.
Section
6. Campaigning.
(a) No Association funds shall be expended, directly or indirectly, to promote or oppose any candidate
for union office. No union facilities, equipment, stationery, or supplies may be used to further any
candidacy. No
appointed employee, agent, or elected officer shall be required to support the candidacy
of any individual or slate.
(b) Each candidate shall be entitled to inspect the list containing the names and last known addresses of
all
regular members once within the 30 day period preceding the mailing of the ballots. The right to
inspect shall not include
the right to copy, but does include the right to compare the list with any
personal list of members.
(c) The
National Office shall honor the reasonable requests of candidates or slates of candidates to send
uncensored campaign
mailings at his/her or their expense utilizing any special mailing privileges
available to the Association. All candidates
shall be treated equally with respect to the expense of such
mailings which shall not exceed the actual cost of the mailings
incurred by the National Office.
(d) A Special Election Publication, printed at NAATS' expense, shall accompany
each ballot mailed to
eligible voters. It shall contain factual information concerning election/voting procedures together
with any
photographs and/or statements not exceeding 300 words that were furnished to the Election Committee
at the
National Headquarters by the candidates.
Section 7. Ballot Counting.
(a) The Election Committee shall
inform all candidates of their right to observe the pickup
and counting of mail ballots, or to designate an individual
to observe on their behalf.
(b) The Election Committee shall verify the eligibility of all members who cast
mail ballots.
(c) The candidates receiving a majority of the votes cast by the members within their
Regions shall be declared the victors. In the event no candidate receives a majority of the
votes cast, a runoff
election shall be conducted promptly between the two candidates that
received the most votes.
(d)
Write-in votes shall not be counted.
(e) The Election Committee shall promptly submit a written certification
of the results of the
ballot count.
Section 8. Elections of Facility Representatives.
On-site,
secret ballot elections for Facility Representatives and Alternate Facility Representatives shall
take place between September
1st and September 15th. They shall be conducted by Election
Committees of no more than three persons chosen no later than
July 20th by the facility memberships
provided that no member of an Election Committee may be a candidate. These Election
Committees
shall ensure that the elections are fairly conducted. Nominations shall be submitted to the Election
Committees
by August 1st and they shall promptly determine the eligibility of each nominee. The
Committees shall be responsible for
giving notice to all members of the time, date, and location of the
balloting, and for the preparation, distribution,
collection, counting, and safeguarding of ballots.
Candidates shall be eligible to observe all phases of the conduct of
the election.
Section 9. Installation of Elective Officers.
All victorious candidates shall assume office
on October 1st. All victorious candidates involved in runoff
elections shall be installed at the conclusion of the ballot
count. Upon leaving office, each former elected
official shall provide his or her successor with all records and equipment
which are the property of the
Association, together with a comprehensive written report explaining all current projects
and unfinished
business. Except in the case of death or incapacity, any official leaving his or her elected position during
the term of office shall provide his or her successor with a similar report.
ARTICLE 8 - Executive Director
Section 1. The National Headquarters and business office shall operate under the supervision of an
Administrator.
Under no circumstances may a member of the Board of Directors serve as Administrator.
Section 2. The Administrator
shall, in accordance with Association policy, be responsible for managing
the day-to-day business of the Association under
the supervision of the Board of Directors. More
particularly, the Administrator shall --
(a) Under suitable
bond, cosign checks, drafts or orders for payment of money, receive and
deposit funds;
(b) Maintain
accurate books and records, and safeguard the records of the Association;
(c) Cause all applications for membership
and renewals to be processed;
(d) Assist in the formulation of annual budgets for approval by the Board of Directors:
prepare periodic accounting, reports, and summaries of the Association's finances;
(e) Consult regularly
with the Board of Directors; keep its members fully informed
concerning all significant matters on a timely basis;
and obtain its prior approval for all
significant policy-related or financial decisions;
(f) Assist
in the publication and distribution of informational communications to the
members;
(g) Perform other
duties as assigned.
(h) Publish and distribute informational communications to the members;
(I)
Contract with legal counsel and other professionals for services to the Association and
its members;
Section
3. The salary, benefits and terms of employment of the Administrator shall be determined by the
Board of Directors.
ARTICLE 9 - FINANCIAL AFFAIRS AND STANDARDS
Section 1. The Association's fiscal year shall commence on the first
day of January of each year.
Section 2. The Board of Directors shall establish Association policy for the expenditure
of funds. All
NAATS' officials or employees who are authorized to expend NAATS' funds shall be bonded in such
amounts
as the Board of Directors shall from time to time determine.
Section 3. The Board of Directors shall appoint a Treasurer
to serve as Chairman of the Finance
Committee, who shall not be a member of the Board of Directors. The Treasurer shall
appoint members
of the Finance Committee, subject to approval by the Board.
Section 4. Unusual, nonrecurring
expenditures in excess of a predetermined amount established by
Association financial policy shall require the prior approval
of the Board of Directors.
Section 5. All money and property belonging to NAATS shall be held and used solely for
the benefit of
the Association and its members. No contracts, investments or expenditures of Association funds shall
be
made that will result in the personal profit or advantage of any officer or employee of the Association.
Nor shall any
Association funds be loaned to any officer, employee or member, except as advances for
reimbursable expenses.
Section
6. All funds of the Association shall be deposited in such banks, trust companies, or other
depositories as the Board
of Directors may approve.
Section 7. Copies of NAATS' annual audit and LM-2 Report submitted to the Department of
Labor shall
be made available to members on request.
Section 8. Prior to the commencement of each fiscal year,
the Board of Directors shall approve a budget
for the coming year.
ARTICLE 10 - NATIONAL CONVENTIONS AND SEMINARS
Periodic conventions among delegates chosen by the members will be scheduled by the Board of
Directors. A purpose
of these conventions will be to develop recommendations concerning Association
policy for consideration by the Board of
Directors. National educational training seminars for officers and
facility representatives will be scheduled by the Board
of Directors. Notices of such conventions or
seminars shall be mailed to the Facility Representatives for posting in facilities.
The rules in the current
edition of Robert's Rules of Order, Newly Revised, shall govern all formal discussion or debate
at such
assemblies in order to insure orderly process.
ARTICLE 11 - PUBLICATIONS
The Association shall
publish an official newsletter on a periodic basis, together with such additional
bulletins, journals and papers as may
be authorized by the Board of Directors.
ARTICLE 12 - RECALL OF ELECTED OFFICERS
Section 1. Whenever a petition,
signed within a 90 day period by a majority of the regular members in
good standing who are eligible to vote for any elected
officer, is filed with the National Office together with
charges alleging misconduct by their elected representative,
the Executive Director shall immediately
send a copy of the charges to the officer alleged to have engaged in misconduct,
which officer shall have
the right to submit to the National Office, within 30 days, a written defense. No Association
funds may be
expended to promote or defend a recall petition.
Thereafter, within a period of fifteen (15) days,
the Executive Director shall cause secret ballots to be
mailed to all regular members in good standing who are eligible
to vote for the Regional officer whose
recall is sought, together with the written charges and the officer's defense.
In the case of a Facility
Representative whose recall is sought, the Regional Director shall promptly appoint an Election
Committee which shall be responsible for conducting the recall vote within 20 days, for distributing
copies of the
charges and response to eligible voters, together with notice to all members of the time,
date, and location of the balloting,
and for the preparation, distribution, collection, counting, and
safeguarding of ballots. Two-thirds (2/3) of the votes
cast shall be necessary to recall an officer.
Section 2. Where the welfare of NAATS is at risk, a Facility Representative
may be suspended by the
Board of Directors pending the outcome of a full and fair hearing; an elected officer may be suspended
by
the Board of Directors pending the outcome of a full and fair hearing and a recall referendum.
Section 3.
The President may be removed from office by a vote of impeachment by a majority vote of
members voting in a recall ballot.
The President shall be served with a written petition calling for
impeachment over the signatures of a majority of the
members of the Board. The petition shall include
specific charges against the President which the members of the Board.
signatory to the petition, feel
warrant the action. The President shall have 30 days to respond to the charges. The written
response
shall be delivered to all members of the Board. If the members of the Board are not satisfied with the
response,
and, by majority vote, decide that further action is warranted, an impeachment vote of the
Active membership shall be
taken., Such vote shall be by secret ballot, and shall be conducted within 30
days of the decision of the Board to require
the vote. The President shall be permitted to prepare a
written defense to the charges. A copy of this defense, and a
copy of the charges specified by the
Board, shall be mailed to all members, at NAATS expense, at least ten days prior
to the mailing of the
ballots. If a majority of the votes cast by the membership supports the impeachment of the President,
the position shall be vacated within ten days following the counting of the ballots.
ARTICLE 13 - AMENDMENTS
Proposed amendments to this Constitution may be initiated either by a minimum of two-thirds (2/3) of the
members
of the Board of Directors or by petition of 20 percent of the regular members whose signatures
were accumulated over no
more than a 120 day period. Once initiated, proposed amendments shall be
reproduced in two consecutive issues of NAATS'
periodic publication, together with a 500 word statement
by the proponents and a second 500 word statement by the opponents,
and shall thereafter be submitted
within 30 days to the regular members for their approval or rejection by mail ballot
referendum. Two-thirds
(2/3) of the votes cast must favor the amendment for it to be adopted. Unless otherwise specified,
amendments shall become effective upon their adoption.
ARTICLE 14 - SAVINGS CLAUSE
If any provision
of this Constitution is declared invalid or is rendered inoperative by any competent
authority of the executive, judicial,
or administrative branch of a state or the federal government, the
Board of Directors shall have the authority to suspend
the operation of such provision during the period of
its invalidity and to substitute in its place a provision which will
be in accord with the intended purpose of
the invalid provision.
If any Article or Section of this Constitution
is found to be invalid by operation of law or by any tribunal of
competent jurisdiction, the remainder of this Constitution
or the application of such Article or Section to
persons or circumstances other than those as to which it has been held
invalid shall not be affected
thereby.
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