By-Laws


Section 1


The Organization existing under these By-Laws shall be known as New York State Court Clerks Association.

Section 2


The object and purpose of the Organization are set forth in the Constitution.

Section 3


In the conduct of business, each Director, except the President, shall be entitled to one vote. The President shall be Chairman and shall vote only in case of a tie.

Section 4


A majority of the members of the Board of Directors shall constitute a quorum.

Section 5


The Board of Directors shall meet upon the request of half of its Members or on call of the President, but not less than 6 times per annum.

Section 6


The authorization of the Board of Directors shall be required to authorize payment of expenditures in excess of Three Hundred Fifty Dollars ($350.00) for the conduct of the organization business.

Section 7


A revolving petty cash fund of $350.00 shall be afforded the President and kept under his supervision. Expenditures from the petty cash fund shall be reviewed by the Treasurer.

Section 8


The Secretary shall cause notice of meeting of the Board of Directors to be given to its member as directed by the President.

Section 9


The duties, responsibilities and conduct of the Officers, Directors, Committee Members and Members, shall be governed by the provisions of Roberts’ Rules of Order, Revised, except as may be otherwise provided for in the Constitution or By-Laws.

Section 10


Every Member shall furnish to the Secretary his name, title, grade, Court and County in which employed, together with address and business telephone number.

Section 11


The Board of Directors shall have the power to amend, delete, and add to these By-Laws.

Section 12


There shall be for the purposes of collective bargaining a committee representing each bargaining title in negotiations to be chosen by the Board of Directors, which committee shall make recommendations to the Board of Directors on proposed bargaining agreements.

Section 13


Membership in the Association is available to persons employed in appropriate titles of the Courts of the City of New York, as provided in Article IV of the Constitution.

Section 14


Each Officer shall be provided with a basic annual personal expense account as follows: President, $12,000, First Vice-President, $9,000, Second Vice-President, $8,000, each other Officer shall receive $6,500. These changes took effect 7/1/2009 Each Director shall receive $175.00 personal expenses per month. In no calendar year shall a Director receive more than $2,100. These changes take effect 7/1/2010.

Section 15


NOTICE TO ALL NON MEMBER AGENCY FEE PAYERS

1)  This notice is being provided to all nonmembers who pay agency fees to the New York State Court Clerks Association under the collective bargaining agreement between the Office of Court Administration and the “Association”.

  1. As a non member represented by the “Association” you are being charged an agency fee which is equal to the regular dues paid by association members. This agency fee is in accordance with the provisions of the New York Public Employees “Fair Employment Act” (Taylor Law).
  2. The Association spends a portion of all fees collected from nonmembers on the following activities. The “Association” has determined that a portion of the expenses associated with these activities is chargeable to all nonmembers paying agency fees to the “Association”.
  3. Gathering information in preparation for the negotiation of collective bargaining agreements.
  4. Gathering information from employees concerning collective bargaining positions.
  5. Negotiating collective bargaining agreements.
  6. Adjusting grievances pursuant to the provisions of collective bargaining agreements.
  7. Administration of ballot procedures on the ratification of negotiated agreements.
  8. The public advertising of the “Association’s” positions on the negotiations of, or provisions in, collective bargaining agreements.
  9. Lobbying for the negotiation, ratification or implementation of a collective bargaining agreement.
  10. Purchasing books, reports, and advance sheets used in (a) negotiating and administering collective bargaining agreements, (b) in processing grievances.

2)  Paying technicians in labor law, economics and other subjects for services used (a) in negotiating and administering collective bargaining agreements, (b) in processing grievances.

  1. Membership meetings and conventions held to determine the positions of employees on collective bargaining issues, contract administration and other matters affecting wages, hours and working conditions.
  2. Publishing newspapers and newsletter which concern collective bargaining issues, contract administration and other matters affecting wages, hours and working conditions.
  3. Impasse procedures, including fact finding and mediation and arbitrations over provisions of collective bargaining agreements and administration thereof.
  4. The prosecution or defense of litigation or charges to obtain ratification, interpretation, or enforcement of collective bargaining agreements and to enforce guaranteed rights.
  5. The “Association” spends a portion of all fees collected from members and non members on the following activities. The “Association” had determined that a portion of the expenses associated with these activities is not chargeable to objecting non member agency fee payers.
  6. Lobbying for legislation or regulations or to effect changes in legislation or regulations before the state legislature not dealing with matters affecting pension, wages and working conditions.
  7. Membership meetings and conventions held for purposes other than to determine the positions of employees on collective bargaining issues, contract grievance administration or other matters affecting wages, hours and working conditions.
  8. Publishing newspapers and newsletters which concern subjects other than collective bargaining issues, contract administration and other matters affecting wages, hours and working conditions.
  9. Prosecution or defense of litigation or charges on matters other than the ratification, interpretation, or enforcement of collective bargaining agreements and other guaranteed rights.
  10. Social and recreational activities.
  11. Supporting and contributing to charitable organizations.
  12. Supporting and contributing to political organizations and candidates for public office.
  13. Supporting and contributing to ideological causes.
  14. Applying these criteria to the activities of the New York State Court Clerks Association for the fiscal year, the “Association” has determined that 87% of the dues regularly charged to members of the association is chargeable to objecting nonmembers agency fee payers.

This percentage is based on the following: the ration of chargeable expenses to total expenses as a percentage applies to income. This calculation will be effective until December 31.

The “Association” has established the following procedure for nonmembers who object to the expenditure of a portion of their agency fees on activities that the “Association” has determined are non-chargeable and who want a rebate of that portion of their dues or fees spent on those activities. You must comply with these procedures in order to register an objection and receive a rebate.

Non members who pay agency fees to the association and who wish to object to the expenditure of a portion of their fees on those activities and expenses that the association has determined are non-association must so inform the association in writing by certified mail. The written objection must include the objecting member’s name, address, social security number, title and work location. The written objection must be sent to the New York State Court Clerks Association at 170 Duane St., New York, N.Y. 10013, and postmarked no later than October 31.

Upon receipt of the written objection the “Association” will deposit, to an escrow account set up for that purpose, a rebate equal to the differences between the fees collected from the objecting nonmember and that portion of the dues or fees found chargeable by the “Association” in accordance with the independently audited financial information. The fees will be calculated on a calendar year of January to December.

3)   Any challenging agency fee payer who has not been subject to the agency fee deduction for a full calendar year will have the rebate prorated for the amount of time he/she has been subjected to the agency fee deduction.

  1. A demand to return that part of the agency fee not chargeable to members must be made to the Association Treasurer by registered or certified mail during the period between April 1 and April 15 of each year. Such demand shall be renewed each year in the same period in the same manner.
  2. The “Association” has established a procedure for individual nonmembers who pay agency fees and who wish to challenge the association’s calculation of chargeable versus nonchargeable expenses.
  3. You must comply with these procedures in order to challenge the calculation of chargeable versus nonchargeable expenses.
  4. Individual nonmembers agency fee payers who wish to challenge the calculation of chargeable versus nonchargeable expenses must inform the “Association” in writing by certified mail. The written challenge must include the challenger’s name, address, social security number, title and work location. The written challenge must be sent to the New York State Court Clerks Association at 170 Duane St., New York, N.Y. 10013, and postmarked no later than October 31.
  5. The “Association” has established an arbitration procedure for resolving challenges to the “Association’s” calculation of chargeable verses nonchargeable expenses.
  6. This procedure will result in an expenditious decision on the challenge by an impartial arbitrator selected by the American Arbitration Association or a like organization.
  7. All challenges to the above calculations will be consolidated into a single proceeding. The arbitrator will hold a hearing in which challenges can participate personally or through a representative. In this hearing the “Association” will have the burden of proof regarding the accuracy of the calculations.
  8. Upon receipt of a written challenge the “Association” will place an amount equal to the challenger’s agency fee in an escrow account set up for that purpose. If the challenging agency fee payer has not been subject to the agency fee deduction for a full calendar year he/she will have a prorated amount equal to the time he/she has been subject to the agency fee deduction. The agency fees will remain in escrow until the arbitration award issues and shall be distributed to the challenger and the “Association” pursuant to the arbitrator’s ruling.