(Last Revised June 2022)
To improve and maintain the morale, technical abilities and economic welfare of the technical, engineering and scientific personnel in units represented by MOSES, without regard to sex, race, color, or creed; to promote a recognition of the advantages gained by a cooperative effort between MOSES-represented employees and their employer to the mutual benefit of all the citizens of the Commonwealth, we adopt this Constitution, and these By-laws.
Article I – Name
The name of this organization shall be Massachusetts Organization of State Engineers and Scientists (M.O.S.E.S.).
Article II – Purpose
The primary purpose of this organization is to carry out functions directly related to the labor interests of The primary purpose of this organization is to carry out functions directly related to the labor interests of employees in units represented by MOSES. These shall include: collective bargaining in matters of wages, hours of work, and betterment of working conditions; adjusting grievances and/or differences between employer and employee; and encouraging employee input and participation in resolving all decisions and policies.
Article III – Membership
SECTION 1. ELIGIBILITY
Eligibility shall be limited to those employees with titles units represented by MOSES, except as permitted in Article III Section 4.
SECTION 2. APPLICATION
An eligible person shall become a member by the filing of a signed application with the Membership committee and also by a signed card authorizing automatic payroll dues deduction or the balance of the weekly dues from the date of application to the following June 30th, as one lump sum payment.
SECTION 3. RIGHTS AND RESPONSIBILITIES
A. Members shall have the right of support of this organization in any controversy arising from the fulfillment of the duties of their office, provided they have not acted contrary to the prescribed law of this Commonwealth, to the rules and direction of this organization, or to a position taken by this organization.
B. Members shall have the right to the assistance and encouragement of this organization in securing betterments for their social, intellectual and financial status.
C. Members not in good standing shall have no rights or privileges except as voted to them at the current or preceding meeting of the Board of Directors or as required by law.
D. No member shall use the name of this organization in any news release or publication without the prior approval of the Board of Directors.
E. Members shall protect the confidentiality of and defend a position taken by this organization.
SECTION 4. CONTINUING MEMBERSHIP
A. Members in good standing, upon retirement may continue membership by paying an annual fee of thirty ($30) dollars, increased by20% effective 1/1/2014, effective 1/1/2015, 1/1/2016, 1/1/2017, retiree dues shall be increased by 2.5%. Active retiree members may vote on all matters except for contract items.
B. Free life membership may be granted by majority vote of the Board of Directors to a retired member in recognition of exceptional service to this organization. Such action will require ratification by majority vote of the body in attendance at a regular meeting.
SECTION 5. REINSTATEMENT
A. Any member who has resigned without good cause, as determined by majority vote of the Board of Directors, shall not be reinstated to membership unless accepted by a majority vote of the body in attendance at a regular meeting. Application for reinstatement must be accompanied by payment of assessment as determined by the Board of Directors.
SECTION 6. LOSS OF MEMBERSHIP
A. Conviction of the following, but not limited to, shall constitute grounds for loss of membership:
(1) Willfully and maliciously destroying or taking without permission any property of this organization.
(2) Actively encouraging the decertification of the organization.
B. Members of this organization shall lose membership when they have fallen behind more than one month in payment of dues or when they have been tried and convicted by the Board of Directors or the designee. the member shall have the right to appeal the decision of the board at the next regular meeting and may be represented by counsel of his/her choosing.
SECTION 7. MEMBERSHIP DUES
A. Dues of ten dollars ($10) per week effective 1/1/2014; ten dollars and twenty-five cents ($10.25) per week effective 1/1/2015; ten dollars and fifty cents ($10.50) per week effective 1/1/2016; ten dollars and seventy-five cents ($10.75) per week effective 1/1/2017 shall be payable by a signed card authorizing payroll deduction or by single payment covering a one year payment starting July 1st and ending June 30th due and payable in advance of July 1st, except in the case of new members making a lump sum payment outline in Section 2 of this Article.
B. Membership dues from new members to cover the period of time between the dates of application for membership and the onset of dues deduction by the employer are due and payable within fifteen days of receipt of a statement from the secretary of this organization.
Article IV – Officers
SECTION 1. THE OFFICERS OF THIS ORGANIZATION SHALL BE:
B. Vice president
E. Thirty-five additional elected officers who together with the above shall constitute the board of directors.
SECTION 2. DUTIES
(1) the President shall preside at all meetings and assemblies of this organization, preserve order and enforce the Constitution.
(2) He/she shall have the deciding vote in all cases of a tie.
(3) He/she shall countersign all written orders on the Treasurer for funds authorized by this organization or board and shall countersign all checks.
(4) He/she shall be an ex-officio nonvoting member of all committees.
(5) He/she shall decide all questions of order, subject to appeal of this organization.
(6) H/she shall appoint, with the approval of the Board of Directors, all committees. he/she may remove or replace any committee member with the approval of the Board of Directors.
(7) At the conclusion of his/her term he/she shall submit a report to this organization regarding its progress and standing, and regarding his/her official acts during his/her term of office.
(8) He/she shall at all times perform such other duties as he/she deems necessary to advance the welfare of this organization or its members and those required by law to be represented by this organization subject to the approval of this organization.
B. VICE PRESIDENT
(1) The Vice president shall assume the duties of the President at such time as the President directs or upon the death, discharge, resignation retirement or absence of the President.
(1) It shall be the duty of the Secretary to keep a true and accurate record of the proceedings of all meetings of this organization and of all meetings of the Board of Directors. The Secretary shall read the minutes of the previous meeting of the organization and Board of Directors meetings at each regular meeting of the organization. Records shall include original and approved minutes.
(2) He/she shall keep an accurate record of each member of this organization with full name, address and group classification as declared.
(3) He/she shall carry on all correspondence of this organization.
(4) He/she shall notify, in writing, members of this organization who are in arrears two weeks or more, upon being notified of same by the Treasurer.
(5) He/she shall record in the minutes of the meetings the names of officers present and absent.
(6) When required, advance notices informing the membership of proposed specific business for any meeting shall be mailed to the address on record at least seven days in advance of the date of the meeting.
(7) He/she shall make and sign written orders on the Treasurer for funds authorized by this organization or Board of Directors.
(8) He/she shall be an ex-officio member of the Membership committee.
(1) The Treasurer shall receive and take charge of all money, property and securities of this organization delivered to him/her by the officers or members of this organization and deposit it within fifteen days of receipt in the name of this organization in a bank or banks authorized by the Board of Directors or invest it as directed by a majority vote of members present at a meeting of this organization when members have been notified in advance that such business would be voted upon.
(2) He/she shall collect all dues of the membership, all fees obtained through collective bargaining and all fines imposed.
(3) He/she shall collect all dues of the membership, all fees obtained through collective bargaining and all fines imposed.
(4) He/she shall keep an accurate record of receipts and disbursements and shall make a monthly operating statement of all the transactions of this organization.
(5) He/she shall submit his/her books and records for review or audit when required by the Trustees of this organization.
(6) He/she shall submit his/her books and records for review or audit when required by the Trustees of this organization.
(7) He/she shall have a petty cash fund of at least one hundred dollars on hand at all times.
(8) He/she shall notify the Secretary, in writing of those members of this organization who are in arrears two weeks.
(9) He/she shall be the custodian of the organizatioHe/she shall prepare and submit a proposed annual administrative budget to the Budget committee on or before march 1st of each year.
(10) He/she shall notify the Secretary, in writing of those members of this organization who are in arrears two weeks.
(11) He/she shall be an ex-officio member of the Budget and Membership committees.
E. BOARD OF DIRECTORS
(1) The Board of Directors shall be the governing body of this organization and represent it between membership meetings on all matters affecting the policies, aims and means of accomplishing the purposes of this organization where specifically provided for in this Constitution, or by action of the membership at any of its meetings.
(2) Action of the Board of Directors not specifically provided for by the Constitution or approved by vote of the membership shall be taken only on matters declared as of an emergency nature by a majority vote of the board, provided such action is not in conflict with any part of this Constitution.
(3) The Board of Directors shall hold a meeting each month, time and place to be approved at a previous Board of Directors meeting.
(4) Special meetings of the board shall be held when called by the President or by written request of eight board members submitted to the Secretary.
(5) The Board of Directors may hire employees and delegate authority in conformity with this Constitution.
(6) A majority of the board shall constitute a quorum.
Article V – Nominations and Elections of Officers & Trustees
SECTION 1. CANDIDATES:
A. Candidates shall be nominated at the regular October membership meeting in the even numbered years. Nominations can be made by any member in good standing. Candidates must either be present in order to accept nomination, or submit a letter at the nomination meeting stating a willingness to serve.
B. Candidates must be members of this organization for at least one year immediately preceding the date of nominations and they must not hold office in any other organization of Commonwealth employees with similar purpose and objectives.
C. Candidates shall not run for more than one chair office. Any member elected as a Chair Officer shall not serve in any other elected office.
SECTION 2. OFFICERS
A. The membership shall elect four Chair Officers; President, Vice president, Secretary and Treasurer, at large, by mailed ballot.
B. The membership shall elect 35 additional officers from each of the following departments:
|Massachusetts Department of Transportation||12|
|Department of Environmental Protection||6|
|Department of Public Health||3|
|Massachusetts Water Resources Authority||3|
|Office of the Attorney General, Department of Labor, Department of Workforce Development||1|
|Department of Fish and Game||1|
|Department of Conservation and Recreation, Department of Environmental Affairs, Division of Energy Resources, Department of Agricultural Resources||3|
|Department of Public Safety, Governor’s Highway Safety Bureau, Department of Fire Services, Chief Medical Examiner’s Office, Department of State Police||1|
|Department of Mental Health, Department of Developmental Services, Department of Health Finance, Chelsea Soldier’s Home, Holyoke Soldier’s Home, Executive Office of Health and Human Services, Massachusetts Rehabilitation Commission||1|
|Exec Office of Administration and Finance, Division of Capital Asset Management and Maintenance, Bureau of State Office Buildings||1|
|Department of Housing and Community Development, Massachusetts Emergency Management||1|
|Department of Corrections, Department of Revenue, Department of Public Utilities, State Racing Commission, and other departments||1|
|Active Retiree, (Non-Voting Member)||1|
C. All officers shall serve for a two year term.
D. Officers who change department shall continue to represent that department from which they were elected until the regular biennial election is held.
SECTION 3. ELECTION COMMITTEE
A. A committee of five non-candidates shall be appointed by the President, with the approval of the Board of Directors, no later than the regular July Board of Directors meeting.
B. This Election Committee shall take full charge of the elections, including the printing and mailing of ballots, and the counting and tabulating of votes.
C. The biennial election of these officers shall be by secret mail ballot.
SECTION 4. ELECTION PROCEDURES
A. Election procedures shall be approved by a majority of the members in good standing attending regular general membership meeting and kept by the Secretary as a supplement to this constitution.
B. The approved election procedures may be modified by a majority of the members attending a previously advertised general membership meeting. Such advertisement must be mailed to every member no later than seven calendar days before said meeting.
C. Write-in votes shall not be counted.
D. The Election Committee determines the winners based on a plurality vote of the body being represented.
E. In the event of a tie vote for any seat, the election will be decided by a majority of the eligible votes cast by secret ballot by all members in good standing, present and voting at the regular December Membership meeting following the election.
F. A candidate elected as both a Chair Officer and an officer representing a Department will be declared elected to the Chair Office and the candidate with the next highest number of votes for the Department seat shall be declared elected to that seat.
G. A candidate elected as both a Chair Officer and an officer representing a Department will be declared elected to the Chair Office and the candidate with the next highest number of votes for the Department seat shall be declared elected to that seat.
SECTION 5. REPORTING ELECTION RESULTS
A. The Election Committee shall have the election results completed at least ten calendar days prior to the regular December Membership meeting.
B. A report will be presented by the Election Committee at the regular December General Membership meeting.
SECTION 6. APPEAL PROCEDURE
Should a candidate claim that there was some breach of the process, he/she can present this claim to the Election Committee for its consideration within 3 days of completion of the counting of votes. Upon review, the Committee shall provide the aggrieved party with the Committee’s findings within 3 calendar days.
SECTION 7. INSTALLATION
Those elected to office shall be installed immediately upon the membership’s acceptance of the Election committee’s report on the election at the regular December membership meeting.
SECTION 8. REMOVAL OF OFFICERS
A. An officer whose leadership and action are not seen to inspire confidence, keep members active, benefit the members, serve them as they should be served, to maintain and advance the goals of this organization, or who is accused of malfeasance, misfeasance, or nonfeasance, may have charges preferred against him/her and be tried for removal from office.
B. Removal from office under Section 5A shall be mandated by a two-third’s majority vote of the membership present and voting after the indictment has been read and the accused is given full and fair opportunity to reply to the charge(s) at a special meeting, convened for that sole purpose.
C. The indictment shall be a written document which describes the alleged offense(s), signed by the indictors. An indictment may be brought by (1) one-third of the membership, (2) two-thirds of the Board of Directors, (3) unanimous vote of the Trustees.
D. If any officer is absent without good cause from three consecutive meetings of the Board of Directors, or more than four such meetings within a period of twelve consecutive months, his/her office shall be declared vacant by a majority of the Board of Directors.
SECTION 9. VACANCY
A. During the temporary absence of any officer, or vacancy of any office, the President, with the approval of the Bboard of Directors, may appoint a member in good standing to fill the vacancy pro tem.
B. On the occasion of the death, discharge, resignation or retirement of any officer of this organization, that office shall be declared vacant.
C. Vacancies of office, other than the office of President, shall be filled for the remainder of the term by the President, with the approval of the Board of Directors.
D. A vacancy in a Board of Directors seat shall be filled from the department in which the vacancy occurred.
Article VI – Trustees
SECTION 1. ELECTION
A. The board of trustees shall consist of three members, elected at large for two years on the even numbered years, according to the procedure in Article V, Section 3C.
SECTION 2. AUDIT
A. The Trustees shall make, at the end of the fiscal year (June) and at the end of the calendar year (December), a semi-annual audit of the finances of the organization and shall report to the membership at the next regular membership meeting following such audit.
B. The Trustees shall have continuing access to all records and reports of this organization and may make such interim reports and recommendations as they see fit.
SECTION 3. ELECTED OFFICE
A. Trustees shall hold no position in this organization, and the seat of any Trustee accepting nomination for an elected office shall be declared vacant.
SECTION 4. VACANCY
A. Any vacancy on the Board of Trustees shall be filled for the remainder of the term by a majority vote of the membership present and voting at a membership meeting of this organization. all members shall be notified of this action by mail at least seven days in advance of said meeting.
Article VII – Stewards
SECTION 1. SELECTION METHOD
A. Stewards shall be appointed and removed by the President, with the approval of the Board of Directors.
SECTION 2. RESPONSIBILITIES OF STEWARDS SHALL BE TO:
A. Police the collective bargaining agreement and make certain that violations are challenged.
B. Investigate and file grievances.
C. Maintain liaison between members and board of directors.
D. Maintain liaison with Grievance committee and process higher step grievances as directed.
E. Refer employees with civil service and other problems to appropriate committees.
F. Aid in the further development of the membership program.
G. Distribute and/or post MOSES literature.
H. Attend educational classes held by the Grievance committee.
I. Stewards attending a regular or special membership meeting shall be reimbursed mileage expenses to attend said meeting. The reimbursement rate shall be equal to the rate of the contract with the Commonwealth.
Article VIII – Meetings
SECTION 1. REGULAR MEMBERSHIP MEETINGS
A. Regular meetings of this organization shall be held the second Tuesday of January, February, March, April, May, September, October, November and December, except, when said meetings fall on a national or state election day, the board and membership meetings may be changed to another day.
B. Time and place of these meetings shall be established by the Board of Directors with the membership duly notified at least seven days prior to the date of the meeting
SECTION 2. SPECIAL MEMBERSHIP MEETINGS
A. Special membership meetings may be called by the President, by a majority vote of the Board of Directors or by petition signed by ten percent of the membership and filed with the Secretary.
B. All members shall be notified of the purpose of the meeting at least seven days in advance of such meeting, and the notice shall be mailed no later than three days after the request for a special meeting has been received by the Secretary.
SECTION 3. SERGEANT AT ARMS
A. Sergeant at arms shall be appointed at each membership meeting by the President with the approval of the Vice-president, Secretary and Treasurer.
B. He/she shall take charge of the door at the meetings and see that none but members with membership cards enter. He/she shall announce by name members without membership card and if it is found that they are in good standing, he/she shall admit them.
C. He/she shall assist the President in the preservation of order.
SECTION 4. QUORUMS
A. Twenty-five members in good standing shall be present to constitute a quorum for the transaction of business at any regular or special membership meeting of this organization.
SECTION 5. MOTIONS
A. Written motions received by the Secretary of this organization prior to the start of any meeting of this organization shall have priority over motions originating from the floor and shall be taken up under new business in the order of their receipt and directly following any new business for which advance notice has been given.
Article IX – Finance
SECTION 1. REVENUE
A. Membership dues.
B. Any fees obtained through collective bargaining.
C. Interest revenue.
SECTION 2. EXPENDITURES
A. Annual budget
(1) an annual budget shall be submitted by the Budget committee for approval at the May membership meeting. The proposed annual budget shall:
(a) Be for the fiscal year beginning the following July 1.
(b) Not exceed the anticipated revenue for the upcoming fiscal year.
(c) Consist of a line item for administrative operations, each standing committee, and currently active non-standing committee. (sub line items may be used for budget preparation purposes but shall not be considered part of the line-item appropriation.)
(d) The line items for collective bargaining shall be based on a minimum of $.50 per week per member.
(2) The proposed annual budget shall require a two-thirds vote of those present and voting at the may membership meeting for acceptance in its entirety. Failing this, a majority vote of those present shall be required for acceptance of each line item in the budget.
(3) Transfers of anticipated excesses in line item appropriations of the annual budget to another line item may be made with the approval of the committees involved provided there is concurrence from the Budget committee.
B. Appropriations for expenditures that were not approved as part of the annual budget shall be approved under the following provisions:
(1) Appropriations for an amount less than 1/20th of the total gross receipts for the previous month or $3,000. whichever is greater, shall be approved by a majority of the votes cast at a general membership meeting or by a majority vote of the Board of Directors.
(2) Appropriations considered under sub-paragraph b (3),(4), and (5) of this section shall require a review and recommendation of the Budget committee before any vote is taken. such review and recommendation shall be made no later than the next membership meeting.
(3) Appropriations for an amount in excess of the limits set by sub-paragraph b (1) of this section but less than 25% of the unencumbered funds in the treasury shall be approved by a majority of the votes cast at a general membership meeting.
(4) Appropriations for an amount in excess of 25% but less than 50% of the unencumbered funds in the treasury shall be approved by a majority of votes cast at a general membership meeting. the membership shall be given advance notice by mail that action on such an appropriation will be taken.
(5) Appropriations for an amount in excess of 50% of the unencumbered funds in the treasury shall require a majority vote of the total membership of this organization.
(6) Funds included in the Reserve Account created by paragraph c of this section shall not be considered as part of any unencumbered funds pursuant to sub-paragraphs b(3), (4), and (5) of this section.
C. RESERVE ACCOUNT
(1) A Reserve Account shall be established from receipt of 10% of each member’s dues. this amount is to provide funds for purposes not anticipated under normal operational circumstances.
(2) A two-third’s vote of those present at a Board of Directors meeting and a two-third’s vote of the membership present at a membership meeting following said board meeting is necessary to appropriate from the reserve account. the membership shall be notified by mail of the specific membership meeting and of the proposed appropriation to be acted upon, at least seven days in advance of such action. prior to any vote, the Budget committee is required to review the request for an appropriation and present a recommendation to the Board of Directors and membership
Article X – Committees
SECTION 1. GUIDELINES
A. Each committee shall consist of at least three members. The Collective Bargaining committees shall consist of at least seven members, a majority of whom shall be employees in the bargaining unit. The Budget Committee shall consist of at least five members; one shall be the treasurer of this organization.
B. The President shall appoint all committees and assign their duties with the approval of the Board of Directors
C. Standing committees shall serve for a one year term beginning with the regular January membership meeting.
D. Any committee may be dissolved and a new committee appointed at any time with the approval of the majority of the membership present and voting at a membership meeting of this organization.
E. Committee chairpersons shall submit all committee expenses to the Secretary of this organization.
F. All committees shall consist of an odd number of members.
G. All committee chairpersons shall prepare and submit their proposed annual budget to the Budget committee on or before March 1st of each year.
SECTION 2. STANDING COMMITTEES SHALL BE:
A. Collective Bargaining – Commonwealth
B. Collective Bargaining – MWRA
C. Collective Bargaining – Department of Transportation
F. Civil Service
J. Publicity and Public Relations
K. Meeting Location
SECTION 3. DUTIES OF THE STANDING COMMITTEES ARE AS OUTLINED, BUT NOT LIMITED TO THE FOLLOWING:
A. Collective bargaining committee shall:
(1) Obtain and compile data on the salaries, classifications, working conditions, career ladders, promotions, and benefits for the employees.
(2) Formulate and present to the membership a collective bargaining proposal for their consideration.
(3) Negotiate a collective bargaining agreement with the employer for the consideration of the membership.
E. Grievance committee shall:
(1) Direct, instruct and implement the steward program.
(2) Determine which grievances shall proceed to arbitration.
F. Legislative committee shall:
(1) Prepare and present to the October membership meeting a legislative package for action by the General Court of Massachusetts.
(2) Attend all public hearings of the General Court of Massachusetts concerning matters of importance to the membership.
D. Civil service committee shall:
(1) Contact the civil service commission on any rules changes or new proposals.
(2) Aid the membership in civil service problems and notify them of upcoming examinations.
G. Budget committee shall:
(1) Prepare a proposed annual budget for approval at the May membership meeting for the fiscal year beginning July 1, that shall not exceed anticipated revenue for the upcoming fiscal year. a two-third’s vote of those present and voting shall be required for acceptance of the entire budget; failing this, a majority vote of those present shall be required for acceptance of each item in the budget.
(2) Review appropriation requests, as provided under Article IX, Finance, Section 2, expenditures, and present their conclusions and recommendations as to the fiscal implications of such expenditures prior to any authorization for an appropriation or expenditure of funds.
(3) Maintain a deficiency budget that may be transferred upon request, provided no deficient expenditures will be made that may be transferred upon request, provided no deficient expenditures will be made without prior approval of the budget committee. Transfers will be reported at the next Board of Directors meeting.
H. Membership committee shall:
(1) recruit members, determine eligibility and distribute membership cards.
(2) maintain an up-to-date membership list and report any relevant changes in membership to the board of directors.
(3) Monitor the payment of membership dues from information provided by the employers and notify individuals entering MOSES positions of their obligations to pay dues and to collect back dues with copies of such notice sent to the treasurer and secretary.
(4) provide an up-to-date membership list to the Election committee for the biennial moses election of officers or to support any special elections that may be necessary.
(5) identify employees as agency fee payers and verify their status.
I. Newsletter committee shall:
(1) Prepare, publish and distribute a newsletter to the membership at least six times per year.
J. Publicity/public relations committee shall:
(1) develop and implement procedures for obtaining favorable publicity for MOSES.
K. Meeting location committee shall:
(1) recommend to the board of directors locations for the board of directors and membership meetings.
(2) make any and all arrangements required to facilitate meetings as directed by the board of directors.
L. Goodwill committee shall:
(1) Administrate the MOSES Scholarship Program.
(2) Administrate charitable and goodwill contributions in accordance with established committee policies.
Article XI – Rules of Procedure
Robert’s Rules of Order (revised) shall be the guide in all cases to which they are applicable and in which they are not inconsistent with this constitution.
Article XII – Amendments
Proposed amendments to this organization’s constitution and by-laws shall be submitted in writing to the secretary with the signatures of at least twenty-five members in good standing, or by a majority vote of the board of directors. Such proposed amendments shall then be read at the membership meeting and voted on by the members present. If a majority of the members present approve the proposed constitutional amendment, the membership shall be notified that a vote shall be taken at the next membership meeting on the adoption of the proposed amendment.
Adoption of proposed amendments shall require a favorable vote of at least two-thirds of the members present and voting at the membership meeting following the one at which the proposed amendment was read and acted on favorably at the preceding membership meeting.
Membership notification shall be by mail of the specific membership meeting and of the proposed amendments to be acted upon, at least seven days in advance of such action.
Article XIII – Affiliations
This organization shall not affiliate with any other labor organization.
Article XIV – Records
Records of this organization shall be made available to any member in good standing. The president, on receipt of a letter requesting same, shall deliver the request to the board of directors at the next board of directors meeting and at their discretion they shall establish a time and place for inspection