Bylaws (revised August 2013)
Name and Constituency of Organization
The name of the organization shall be the Non-Exempt Staff Council (NESC).
Constituency shall mean non-exempt, non-probationary employees of the University of St. Thomas who would be included in the regulatory provisions of the Federal Fair Labor Standards Act as Amended, and who would not be specifically exempted by virtue of assignment or executive, administrative, and professional nature.
Authority and Objectives
NESC, authorized by the President of the University, reports directly to the Executive Vice President/Chief Administrative Officer.
NESC shall serve to represent its constituency as a deliberative and recommending body, to consider and discuss job-related issues that originate with its constituency or that are referred to it by the University of St. Thomas administration.
NESC shall serve as a forum to foster communication, to advise in decision-making processes affecting its constituents, and, in general, to focus on cooperation, working conditions, and morale at the University of St. Thomas.
NESC shall specifically work:
- To improve communication, respect and cooperation within and between its constituency and the administration.
- To promote understanding and fairness with regard to benefits, employment, and other areas of concern.
- To promote continuous staff development and improvement.
- To represent its constituency on other University committees that consider staff-related issues such as performance evaluations, budget issues, etc.
Membership and Representation
A. Membership NESC shall consist of twelve (12) members elected from and by the constituents defined in Article I. They shall be representative of the following areas:
At Large- St. Paul
At Large- Minneapolis
B. Term of Office
- The term of office of a duly elected NESC member shall be two (2) years, from May through May of the second year of the term. An elected NESC member may serve a maximum of two consecutive terms (4 years).
- An NESC member that fills a vacancy will serve until the next election. They may then be nominated and eligible to serve as a newly elected member of the NESC abiding by the bylaws of a first term member.
- A former NESC member may re-run for another single term of office (2 years) after being off NESC for at least one term (2 years).
- Vacancies on the NESC, e.g. death, termination, resignation, shall be filled from those in the respective areas who received the next highest number of votes in the last election.
- An NESC vacancy shall be declared in the event of three (3) unexcused absences per year from NESC meetings. The member has the right of appeal within five (5) days of notification of termination.
- In the event of a transfer of an NESC member to an exempt position, the position shall be declared vacant.
- If for any reason a vacancy cannot be filled by the above means, the NESC shall determine representation.
Elections for vacant positions on the NESC shall be held in March or April, and shall be conducted through secret balloting under the supervision of the Elections Sub-Committee.
- Information concerning vacancies and election procedures shall be distributed no later than the first of March.
- No later than March 15th, constituents shall nominate candidates for the available NESC positions.
- Results of the nominations and a profile on each candidate shall be distributed promptly to the constituents.
- Prior to the first week of April, each employee within the constituency may vote for the candidate(s) of her/his choice.
- Election to office shall be determined by a simple majority vote. In the event of a tie for a single vacancy, a second ballot shall be cast for the two candidates who received the most votes.
- Results of the election shall be distributed promptly to the constituency.
- Elected members shall begin service at the May meeting of the NESC.
- There shall be two members voted in an At-Large position from all of the nominees; one will represent all St. Paul constituents and one will represent all Minneapolis constituents.
The officers of the NESC shall be nominated and elected at the May meeting. Voting shall be by secret ballot under the supervision of the Elections Sub-Committee. Election to office shall be determined by simple majority vote.
- In the event of a tie, a second ballot shall be cast to determine the two candidates who received the most votes.
- NESC officers may succeed themselves.
Officers and Duties
The officers of the NESC shall be the Chair, Vice Chair, Secretary and Treasurer. Officers shall be elected from within the NESC at the May meeting each year or as vacancies occur.
B. Duties of Officers
- Preside at all NESC meetings, and enforce the Bylaws of the NESC.
- Prepare and distribute an agenda prior to each NESC meeting.
- Schedule an annual meeting for constituents with the President of the University or other designated administrators.
2. Vice Chair
- Assume the responsibilities, powers and prerogative of the president during that officer’s absence.
- Assist the president with services and duties.
- Appoint committees and committee chairpersons with the approval of the NESC.
- Act as chair of the Elections Sub-Committee.
- Ensure the recording of the NESC minutes during the meeting and publication of the minutes to the NESC council members within two weeks of the meeting. Request publication of minutes on the website by NESC member in charge of updating the website.
- Ensure any edits are sent to the editor of the website and original minutes are corrected before the next meeting.
- Prepare an annual budget in conjunction with the NESC officers and with the approval of the members.
- Maintain records of all financial transactions and expenditures.
- Handle all disbursements of the NESC funds.
The NESC shall accomplish its purpose through the function of two types of committees: Standing Committees and Ad Hoc Committees. Each member will serve on at least one committee per term.
1. Standing Committees
a. NESC Committees
NESC standing committees shall be established to consider ongoing matters of appropriate concern to the NESC. These committees shall be composed of only NESC members.
b. UST Committees
NESC shall have representation on any UST standing committees with concern for its constituents. At least one NESC member will be a member of the applicable UST committees, with the term on the committee to be determined by the respective committee chair.
2. Ad Hoc Committees
Ad Hoc committees shall be established as needed to consider specific items of interest, and may be NESC or UST committees. Membership in such committees is open to any constituency member. An NESC member shall chair an NESC Ad Hoc committee.
Meetings and Procedures
The NESC shall meet once each month, year round. An annual open meeting for constituents shall be scheduled with the President of the University or other designated administrators by invitation of the NESC.
NESC members who cannot attend a scheduled meeting shall inform the Secretary prior to the meeting.
C. Role of Human Resources
The NESC will maintain open communication with Human Resources. NESC will invite an HR partner/representative to at least one regular meeting during the year to request an update of new or ongoing initiatives impacting the non-exempt staff of the university as well as update HR with any feedback we receive from our constituents.
A NESC member may propose amendments to these Bylaws. Proposed amendments must be made in writing at least thirty (30) calendar days to a regularly scheduled meeting, with copies distributed in advance to each NESC member. Adoption will be by a two-thirds majority of elected NESC members with proxy voting disallowed. Final approval is subject to the action of the NESC.