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Constitution of The United American Nurses - AFL-CIOAdopted June 24, 2004 A. Name
B. Objectives of UAN
2. To provide effective collective bargaining representation and strengthen the Affiliates' labor programs. 3. To extend the benefits of collective bargaining to all Registered Nurses and promote organizing Registered Nurses into the Affiliates and the UAN. 4. To promote the interests of the Registered Nurses in their profession and safeguard the rights, individually and collectively, of the UAN's members and Affiliates. 5. To work for the improvement and availability of affordable, quality health care services for all people. 6. To provide the funds with which to carry out the business and policies of the UAN, to establish an ample basic net worth for the current and future protection of its members and Affiliates, and to expend its funds consistent with its fiduciary obligations in the interest of the members and Affiliates. 7. To influence public policy affecting Registered Nurses which will improve and protect their working conditions and their workplaces. 8. To communicate with members and Affiliates through official publications and other means. 9. The UAN will not operate to substitute for or control a Founding Affiliate in its role as certified bargaining representative. C. ANA Affiliation
D. AFL-CIO Affiliation
E. Affiliations
F. Amendments to Constitution
G. Parliamentary Law and Rules of Order
H. Definitions
2. Executive Council policy - policy established through resolution by the Executive Council between meetings of the National Labor Assembly, which is consistent with and advances National Labor Assembly policy. 3. UAN policy - Executive Council and National Labor Assembly policy. 4. Founding Affiliates - those State Nurses Associations of the American Nurses Association or their separate insulated collective bargaining programs that were eligible to participate in the 2003 regular National Labor Assembly meeting. A. Membership
2. Each Registered Nurse who is eligible for membership under Section A.1 above and who is a member in good standing of a UAN Affiliate shall become a member of the UAN entitled to the rights, benefits and privileges set forth in this Constitution and the policies of the UAN. 3. Every member in good standing shall receive a UAN membership card signed by the Secretary-Treasurer and bearing the seal of the UAN. 4. To be in good standing in the UAN and to enjoy the rights, privileges and benefits of UAN membership, a member must be in good standing in the Affiliate in which he or she is a member, and not be in arrears in the payment of UAN dues, assessments or fines, if any, as set forth in Article VII.B, C and D. Good standing of a member shall not be adversely affected if an Affiliate fails to transmit dues and assessments in a timely manner under Article VII.B.1, unless the Affiliate is delinquent under Article VII.B.5 and the National Labor Assembly then makes a decision as to the good standing of the members of such Affiliate as a group. Good standing as used throughout this Constitution refers to the provisions of this Section. 5. All members of the UAN obligate themselves, by virtue of such membership, to comply with this Constitution and published UAN policies. 6. Members are specifically prohibited from the acts enumerated and set forth in Article VIII.A.1. B. Termination of Membership
A. Affiliates and Associate Affiliates The UAN shall be comprised of Affiliates and Associate Affiliates.
(b) Organizations that become affiliated with the UAN pursuant to Article I.E. (c) UAN National Bargaining Councils that represent Registered Nurses for purposes of collective bargaining. 2. Organizations described by Section A.1. (a) above which are not Founding Affiliates shall be affiliated with the UAN pursuant to Article I.E. 3. Associate Affiliates are State Nurses Associations of the American Nurses Association that have bylaws establishing an insulated collective bargaining program but do not represent Registered Nurses for purposes of collective bargaining. B. Rights and Responsibilities
1. To act as the collective bargaining agent for its Registered Nurse members through its collective bargaining program. 2. To ensure that its members represented for collective bargaining are members of the UAN. 3. To receive access to appropriate resources and support from the UAN, subject to UAN policies and procedures. 4. To participate in the distribution of UAN periodicals to UAN members. 5. To participate in the National Labor Assembly in accordance with Article VI. 6. To participate in the submission of nominees for UAN appointive positions in accordance with UAN policies and procedures. 7. To meet its financial obligations to the UAN. 8. To have jurisdiction pursuant to Section C below, if a founding Affiliate under Article I.H.4 above. 9. To conduct its affairs in accordance with this Constitution and published UAN policies. C. Founding Affiliates Jurisdiction Each Founding Affiliate which is a State Nurses Association or an insulated collective bargaining program thereof shall be entitled to exclusive territorial jurisdiction to organize and be the collective bargaining representative for those Registered Nurses employed within its geographic boundaries, with recognition of the following: 1. Organizing and representation jurisdiction agreement(s) between such an Affiliate and another Affiliate or a State Nurses Association in a neighboring state which is not an Affiliate will be presumed valid provided that such Affiliate is willing, able and demonstrates its intent to apply sufficient resources to organize and represent the Registered Nurses in the neighboring state. An issue as to whether an Affiliate meets the standard in the foregoing proviso shall be determined by the Executive Council after a hearing. 2. UAN may organize and provide representation for collective bargaining within such geographic boundaries by agreement between the UAN and such Affiliate or its separate insulated collective bargaining program having jurisdiction. 3. Continued UAN organizing and representation for collective bargaining of Registered Nurses employed by Veterans Affairs facilities. State Nurses Associations may continue to provide representational services, pursuant to the delegation of authority from the UAN, under arrangements approved by the State Nurses Association or its separate insulated collective bargaining program and the UAN Executive Council under Articles II.A.1 and III. A.1.(a) above. 4. Continued UAN organizing and representation is limited to situations where no Affiliate is willing and able to organize and, when the Registered Nurses are organized, to serve as the collective bargaining representative. A. Titles
2. There shall be four elected Directors who, together with the Officers, will comprise the Executive Council. B. Eligibility
2. Officers and Directors must maintain their good standing status throughout their elected term in order to continue holding office. C. Terms of Office
2. The President, Vice-President and two Directors shall be elected in even-numbered years and the Secretary-Treasurer and two Directors shall be elected in odd-numbered years. 3. No Officer or Director may serve more than four consecutive two-year terms in the same office nor more than six consecutive two-year terms on the Executive Council. 4. The term of office for any Officer or Director appointed as a result of a vacancy in office shall be until the next regular meeting of the National Labor Assembly, where such vacancy shall be filled by election. 5. An Officer or Director who has served one-half term or more shall be considered to have served a full term. D. Jurisdiction and Duties
(b) Ensure that the affairs and functions of the UAN are carried out in accordance with UAN policy. (c) Consult with and be assisted by the Vice President and Secretary-Treasurer in furthering the objectives and policies of the National Labor Assembly and Executive Council. (d) Serve as Chairperson of all regular and special National Labor Assembly and Executive Council meetings. (e) Call regular meetings of the National Labor Assembly and the Executive Council as required by the Constitution. (f) Be the official spokesperson for the UAN in external relations and authorize other representatives of the UAN to speak for the UAN in his/her place. (g) Together with the Vice-President and Secretary-Treasurer, appoint, establish the compensation and basis of employment for, and evaluate the National Executive Director, subject to the approval of the Executive Council. (h) Make appointments to such non-elected committees as may be necessary for the proper conduct of UAN business, and serve as an ex-officio member of all committees, except the nominating committee. (i) Report and be accountable to the Executive Council and the National Labor Assembly. (j) Perform such other duties as set forth in this Constitution and UAN policies. 2. The Vice-President shall:
(b) Perform the duties of the President in the Presidentís absence or at the discretion of the President. (c) Assume the duties of the President in the event that the office of President becomes vacant for any reason in accordance with Section E.1 below. (d) Report and be accountable to the Executive Council and the National Labor Assembly 3. The Secretary-Treasurer shall be responsible for assuring that the following duties are carried out in accordance with UAN policies:
(b) Financial administration of the UAN and its related financial matters. (c) Submission of quarterly financial reports and the annual audited report to the members through the Affiliates. (d) As chairperson of and together with a Finance Committee consisting of two additional members of the Executive Council appointed by the Executive Council, preparation of a budget in line with modern budgetary practice and presentation of the budget to the Executive Council for review and approval prior to implementation. (e) Presentation of the financial report to the National Labor Assembly. (f) Reporting and being accountable to the Executive Council and the National Labor Assembly, and performing such other duties as are assigned by the President and Executive Council. 4. The Directors shall:
(b) Perform such duties and functions as are assigned by the President and Executive Council. E. Vacancies in Office
2. When a vacancy in the office of the Vice-President, Secretary-Treasurer or Director occurs, the Executive Council shall fill such vacancy by appointment until the next regular meeting of the National Labor Assembly, where such vacancy shall be filled by election. 3. Appointees to Officer and Director positions must meet the eligibility criteria set forth in Section B above. F. Bonding
G. Removal of Officers and Directors
A. Composition
B. Jurisdiction and Duties
2. Interpret the Constitution and UAN policy. 3. Appoint such committees as may be necessary for the proper conduct of UAN business. 4. Call the Executive Council and National Labor Assembly into special session. 5. Enter into affiliations pursuant to Article I.E. 6. Approve collective bargaining agreements where the UAN is the collective bargaining agent, subject to membership ratification in accordance with UAN ratification policies. 7. Approve and monitor the annual budget and exercise all fiduciary duties consistent with applicable labor law and generally accepted accounting standards. 8. Develop and monitor the strategic plan for the UAN in accordance with goals established by the National Labor Assembly. 9. Perform such other duties as set forth in this Constitution and UAN policies. C. Meetings
2. Special meetings of the Executive Council may be called at any time by the President. A special meeting of the Executive Council shall be called if four (4) members of the Executive Council make a request of the President that states a specific agenda item(s). 3. The Executive Council may hold meetings by telephone when not in formal session. 4. UAN members may attend open meetings of the Executive Council as observers at their own expense. Others wishing to attend open meetings of the Executive Council must request permission to do so from the Executive Council. D. Quorum
E. Voting
2. Each member of the Executive Council shall have one vote on all matters coming before the Executive Council. F. Meeting Records
2. The minutes of the Executive Council meetings shall be distributed to the Affiliates and are available for inspection by a member(s) upon request to the Secretary-Treasurer. G. National Executive Director
1. Perform such administrative and operational functions as are necessary to implement UAN objectives and policies, including preparing and overseeing the UAN budget and hiring, supervising and terminating UAN staff. 2. Maintain communication between the UAN and its Affiliates and members. 3. Act as an advisor to the Executive Council and other UAN bodies and committees, and perform such other duties as the President and Executive Council may assign. A. Composition
2. Members of the UAN Executive Council. B. Jurisdiction and Duties
(b) Amend the Constitution. (c) Elect Officers and Directors. (d) Elect members of the Nominations Committee and Hearing Panel. (e) Develop goals for the Strategic Plan. (f) Establish dues and levy assessments. (g) Perform all other duties and responsibilities set forth in this Constitution and UAN policies. C. Delegates
2. Each Affiliate will provide the UAN with information concerning the system utilized for electing delegates and the names of the elected delegates. 3. To be eligible for election to a delegate position, a member must be in good standing. 4. Delegates must maintain their good standing status throughout their elected term. 5. Each Affiliate shall be entitled to a minimum of one delegate at any meeting of the National Labor Assembly. Affiliates with more than 1000 members represented for collective bargaining shall receive one additional delegate for each block and part thereof of 1000 members.
(b) For purposes of determining the number of members of an Affiliate, members who are represented by the UAN or a UAN National Bargaining Council, under arrangements approved by a State Nurses Association or its separate insulated collective bargaining program and the UAN Executive Council, shall be deemed to be members of their State Nurses Association. D. Credentials Committee
E. Meetings
(b) Notice of Regular National Labor Assembly Meetings shall be sent to the delegates and Affiliates not less than ninety (90) days prior to the beginning date of such regular meeting. 2. Special Meetings
(b) A Special Meeting to address specific agenda items shall be called:
(ii) Whenever fifteen percent (15%) of the membership petitions the Secretary-Treasurer requesting the National Labor Assembly be called into session to address specific agenda items and a majority of the members then vote in favor of calling such a session.
(b) If a majority of the members vote in favor of calling the National Labor Assembly into session, the Secretary-Treasurer shall, within fourteen (14) days from said count date, mail notice of such meeting to all delegates to the National Labor Assembly by certified mail, return receipt requested, fixing the date for convening such meeting. Such date shall not be less then forty-five (45) nor more than sixty (60) days from the date of mailing such notices. (c) Except for good cause as determined by the Executive Council, notice of a Special Meeting, including the date, place and agenda for the meeting, must be sent to the delegates and Affiliates at least forty-five (45) days prior to the meeting. F. Agenda Submission Procedures
(b) All Advance Agenda Items must be in writing and must include the title, subject, identity of the submitting party, relevant background information and proposed action to be taken. (c) In order to be placed on the agenda, all Advance Agenda Items must be received by the UAN Secretary-Treasurer or bear a postmark date no later than sixty (60) days prior to the first day of the National Labor Assembly. (d) No later than thirty (30) days prior to the National Labor Assembly, the Secretary-Treasurer shall transmit to the Affiliates and the members of the National Labor Assembly the items which have been placed on the agenda. (e) Agenda items shall be published as submitted. No additions, deletions or editing may be made without the permission of the sponsor. (f) Any properly submitted Advance Agenda Item may be cosponsored by any delegate(s) or Executive Council member(s). Such endorsement shall be in writing and shall be submitted to the Secretary-Treasurer prior to the close of the first day of the National Labor Assembly. 2. Late Agenda Items
(b) Late Agenda Items may be submitted for a Special Meeting by an individual delegate(s), an Affiliateís collective bargaining cabinet, commission or equivalent body or a UAN National Bargaining Council: (i) after the call for a Special Meeting of the National Labor Assembly and prior to convening the meeting; and (ii) during the first two hours of a Special Meeting. Acceptance of such Late Agenda Items shall require a seventy-five percent (75%) vote of the National Labor Assembly. (c) Late Agenda Items are subject to the requirements of Section F.1(a), (b), (e) and (f) above. (d) The President or Executive Council may submit a Late Agenda Item at any time prior to or during a Regular Meeting of the National Labor Assembly. (e) The President or Executive Council may submit a Late Agenda Item at any time prior to or during a Special Meeting upon a seventy-five percent (75%) vote of the National Labor Assembly. G. Attendance and Quorum
2. The Chairs or Presidents of the Affiliatesí cabinets, commissions or equivalent bodies who are not serving as elected delegates pursuant to Section VI.A.1 shall be seated with their delegation on the floor of the National Labor Assembly and may participate with voice but no vote. 3. Up to two staff representatives from each Affiliate may participate in the National Labor Assembly with voice but no vote. 4. Up to two staff nurses who are eligible for collective bargaining representation from each Associate Affiliate may participate in the National Labor Assembly with voice but no vote. 5. All meetings of the National Labor Assembly are open to all members in good standing and invited guests, provided, however, that the National Labor Assembly may declare any session to be a closed session and exclude all persons who are not duly credentialed members of the National Labor Assembly. H. Voting
2. All voting other than in elections shall be by voice vote, except that a standing vote shall be taken at the request of any member of the National Labor Assembly. 3. Members of the Executive Council may not vote for Officers and Directors, but may vote on all other matters. I. Nominations and Elections
(b) No later than thirty (30) days prior to the National Labor Assembly, the Nominations Committee shall prepare and distribute to the delegates and Affiliatesí collective bargaining cabinets, commissions or equivalent bodies a list of nominees for each elective position. (c) Delegates may submit additional nominations at the designated time during the National Labor Assembly. Delegates are permitted to self nominate. (d) Prior to the election, all nominees must notify the Nominations Committee, in writing, of their consent to serve if elected. (e) There shall be an elected Nominations Committee comprised of three (3) members in good standing. Its duties shall include overseeing all aspects of the nominations process, including verifying the eligibility of all candidates and serving as Tellers during the election. A Head Teller shall be appointed from among the members of the Nominations Committee.
(ii) Members of the Nominations Committee must resign their membership on the Nominations Committee prior to the Notice of Meeting sent under Section E.1(b) above in order to be nominated for any UAN office or position. (iii) To be eligible for election to the Nominations Committee, a member must meet the requirements of Article IV.B.1. Members of the Nominations Committee must maintain their good standing status throughout their elected term. (iv) Members of the Nominations Committee shall be elected in accordance with the procedures set forth in Article VI.I.2. (v) When a vacancy in the Nominations Committee occurs, the Executive Council shall fill such vacancy by appointment until the next regular meeting of the National Labor Assembly, where such vacancy shall be filled by election. Appointees to the Nominations Committee must meet the eligibility criteria of Article IV.B.1. 2. Elections
(b) Notice of the election shall be sent to all delegates and Affiliates with the Notice of Meeting sent pursuant to Section E.1(b) above. (c) The election shall be conducted in accordance with the UAN policies governing elections. (d) All protests from members concerning any election held pursuant to this Section shall be heard and determined by the Hearing Panel established by Article VIII.E below.
(ii) Such protests must be filed no more than thirty (30) days after the conclusion of the election being challenged. (iii) The Hearing Panel shall provide written notification of the date, place and time of the hearing to the member filing the protest and all other candidates for the office subject to challenge. Such notification shall be given at least ten (10) days in advance of the hearing date. (iv) The member filing the protest and all other candidates for the office subject to challenge have the right to appear at the hearing and to designate and be represented at the hearing by any member in good standing. (v) The Hearing Panel shall hold a hearing on the protest and issue a written decision within sixty (60) days of the date such protest was received, unless this time limit is extended by the Hearing Panel for cause after notice to the protesting member and the other candidates for the office subject to challenge. (vi) The Hearing Panelís decision may be appealed by any party to the Executive Council within fifteen (15) days of receipt of the Hearing Panelís decision. Appeals must be in writing and must be sufficiently specific as to the basis of the appeal. (vii) The Executive Council shall hear appeals solely upon the evidence and decision submitted to it except that, if any party requests an appeal hearing, the Executive Council shall hold such a hearing at a time and place it designates. Except for good cause as determined by the Executive Council, a decision shall be issued no later than sixty (60) days following the Executive Councilís receipt of the appeal. (viii) The written decision of the Executive Council on the protest shall be final and binding. J. Meeting Records
2. A copy of the transcript of each meeting of the National Labor Assembly shall be available for inspection by a member in good standing at the UAN national offices upon request to the Secretary-Treasurer. A. Dues Amount
2. Dues may be increased only by a majority roll call vote of the National Labor Assembly. B. Payment of Dues by Affiliates
2. Affiliates shall transmit agency shop and other service fees to the UAN for all Registered Nurses paying such fees to the Affiliate. All references to dues in this Section B shall be applicable to the payment of agency shop and other service fees. 3. Monthly dues payments shall be accompanied by information and documentation reasonably calculated to verify the accuracy of such payments, as determined by UAN policy. 4. The Executive Council may cause the review of the books and records of an Affiliate to the extent necessary to verify the accuracy of dues payments or to make a determination on issues concerning dues arrears. 5. Affiliates that have not paid dues by the twentieth (20th) day of the month succeeding the date due under Section B.1 above, and have not received a hardship exemption pursuant to Section B.1, shall not be entitled to enjoy the rights and privileges of Affiliates set forth in Article III.B.3, 5 and 6. C. Special Assessments
2. Each Affiliate shall be notified of the terms and conditions for the payment of such assessment, and shall be responsible for collecting and transmitting such assessment to the UAN. 3. The provisions of Section B above pertaining to dues payments shall be applicable to the payment of assessments. 4. Any proposal for a special assessment shall include the: (a) purpose; (b) expected outcomes; (c) detailed budget; (d) time limit; and (e) evaluation of the assessment. D. Mobilization Fund
2. The monies of the Mobilization Fund shall be maintained as UAN funds, segregated from the UAN general fund, with earnings thereon to be a part of the Mobilization Fund. The Mobilization Fund shall not be utilized as a source of funding for past or current budgeted operational expenses, unless specifically authorized by a seventy-five percent (75%) vote of the Executive Council or a majority vote of the National Labor Assembly, acting by ballot, as a result of an unforeseen loss of dues revenues. 3. Distributions from the Mobilization Fund may be made by the Executive Council in accordance with procedures established by UAN policy. E. Fiscal Responsibility
A. Membership Charges
(b) Violation of published UAN policy. (c) Misappropriating money or property of the UAN or engaging in financial malpractice with respect to UAN assets. (d) Performing work for a hospital or other employer or engaging in other strike-breaking conduct during a period when the members of the UAN are on strike against such hospital or employer. (e) Acting in any manner to circumvent, defeat or interfere with collective bargaining between the UAN or an Affiliate and an employer or with an existing collective bargaining agreement. (f) Improperly disclosing any UAN information that is clearly designated as confidential. (g) Engaging in dual unionism by assisting a rival labor organization to the detriment of the UAN or its Affiliates. (h) Refusing or willfully neglecting to pay dues, assessments, fines or other financial obligations to the UAN. (i) Doing any act detrimental or injurious to the UAN or its members. 2. A charge may be preferred against any member of the UAN by resolution of the collective bargaining commission, cabinet or equivalent body of any Affiliate, the chair or president of any such collective bargaining body, or any UAN Officer or Director, except as provided in subparagraph 3 of this Section. 3. The UAN Officers and Directors may not be charged under the provisions and procedures set forth in this Article as a result of their duties in office while they hold office, but shall be subject to the provisions and procedures set forth in this Article when they no longer hold office. B. Hearing Procedures
2. To be heard, charges must be filed within forty-five (45) days after the charging party becomes aware of the alleged offense. 3. Charges shall be heard by a three-person Hearing Panel established under Section E below. Absent good cause determined by the Hearing Panel, the hearing shall be held at a time and place designated by the Hearing Panel no later than forty-five (45) days following receipt of the charges and a decision shall be rendered no later than thirty (30) days from the date of the hearing. 4. Both the charged and charging parties have the right at the hearing, and at any appeal taken therefrom, to designate and be represented by a UAN member in good standing. Evidence may be received and the hearing may proceed whether or not the charged party appears. Except for good cause as determined by the Hearing Panel, a party who fails to appear at the hearing shall be deemed to have waived the right to appeal from the Hearing Panelís decision. 5. Prior to the hearing, the Hearing Panel shall review the charges and dismiss them if the charges have not been timely filed or if the act complained does not constitute an act subject to discipline under Section A above. If the charges are dismissed pursuant to this paragraph, the charging party shall be notified in writing and may file an appeal pursuant to Section C below. Any such appeal shall be limited to whether or not the charges were properly dismissed. In the event such appeal is granted, the charges will be referred to the Hearing Panel for a hearing on the merits. 6. The Hearing Panel shall render a written decision, subject to the time limitations in Paragraph 3 of this Section, sustaining or dismissing the charges in whole or in part, and shall impose such penalties or disciplinary action as it deems proper. In order to be sustained, the charges must be supported by a preponderance of reliable evidence and a majority of the Hearing Panel must vote to sustain the charges. C. Appeal Procedure
2. Absent good cause as determined by the Executive Council, the Executive Council may hear appeals solely upon the evidence and decision submitted to it. If either party requests an appeal hearing, the Executive Council shall designate a time and place to hear the appeal. The Executive Council shall issue a written decision no later than forty-five (45) days after the date the appeal was filed. 3. The Executive Councilís decision on the appeal shall be final and binding. D. Status of Accused Member
E. Hearing Panel
2. The Hearing Panel shall be comprised of three (3) members in good standing, whose terms shall commence immediately following adjournment of the National Labor Assembly. Two members of the Hearing Panel shall be elected for a two-year term in the even numbered years and one shall be elected for a two-year term in the odd numbered years. There shall also be two (2) Alternate Hearing Panel members, one of whom shall be elected for a two-year term in the even numbered years and one of whom shall be elected for a two-year term in the odd numbered years.1 The Alternate Hearing Panel member(s) shall serve on the Hearing Panel in the event of a vacancy or if a member of the Hearing Panel is unable to serve in a particular case. 3. To be eligible for election to the Hearing Panel, either as a member or an alternate, a member must meet the requirements of Article IV.B.1 above. Members and alternates of the Hearing Panel must retain their good standing status throughout their elected term. UAN Officers and Directors may not serve on the Hearing Panel while serving on the Executive Council. 4. Hearing Panel members and alternates shall be elected in accordance with the procedures set forth in Article VI.I.2 above. 5. When a vacancy on the Hearing Panel occurs, it shall be filled by the Alternate Hearing Panel member who received the highest number of votes. 6. Hearing Panel members and alternates whose terms have expired will continue sitting on the Hearing Panel for the purpose of concluding matters pending before the Panel at the time of the expiration of their terms. 7. The members of the Hearing Panel shall select one of their members to serve as chairperson. A. Trusteeship Authorization
B. Prior Appointment of Representatives
C. Hearing Before Executive Council
D. Appeal and Review
E. Duties and Obligations of Temporary Trustee
2. The temporary Trustee shall report periodically to the Executive Council, but no less frequently than every two (2) months, on the status and progress of the temporary Trusteeship. Such report shall contain recommendations on whether the temporary Trusteeship should be terminated. The temporary Trustee's acts shall be subject to the supervision of the Executive Council. The Executive Council may remove a temporary Trustee, appoint a successor temporary Trustee, and appoint an administrative assistant(s) to the temporary Trustee to assist in managing the day-to-day operations of the temporary Trusteeship. F. Termination of Trusteeship Protection
2. The Affiliate, through its collective bargaining program's cabinet, commission or equivalent body, acting at a regular or special meeting, by majority vote, may petition the Executive Council for the termination of the temporary Trusteeship. Upon the receipt of such petition, the Affiliate's cabinet, commission or equivalent body shall be accorded a hearing which shall commence within twenty (20) days, with a decision to be made within forty-five (45) days after the hearing. Such petition may not be presented more frequently than every six (6) months, commencing on a date three (3) months from the date of the Executive Council's decision establishing the temporary Trusteeship. G. Evaluation and Re-authorization of Article IX After Appointment of Trustee
2. The evaluation shall be presented to the first regular meeting of the National Labor Assembly following the appointment of the Trustee in accordance with the procedures set forth in Article VI. F. After considering the evaluation, in order for this Article IX to be continued in force and effect, the National Labor Assembly must re-authorize it by a majority vote. Such re-authorization may be conditioned upon such modifications to the procedures set forth in Sections A through F above as the National Labor Assembly deems appropriate. A. Duration
B. Dissolution
2. In the event of such dissolution, the Executive Council shall act as agent for the members and dispose of all physical assets of the UAN by public auction, private sales or otherwise, and any and all questions relating thereto shall be decided by a majority vote of the Executive Council. After the payment of all outstanding debts and expenses, the remaining liquid assets shall then be prorated to the members of record in good standing. [1] The three (3) members of the Nominating Committee elected in 2004 shall constitute the Nominations Committee until their terms expire in 2006.Ý In order to effectuate the transition to a three-member Nominations Committee there shall be no election of Nominations Committee members in 2005.Ý In 2006, three (3) members of the Nominations Committee will be elected.Ý The candidate receiving the least number of votes among the top three vote getters shall be elected for a one-year term.Ý The two candidates receiving the highest number of votes among the top three vote getters shall be elected for two-year terms.Ý In the event there is no one candidate who receives the least number of votes among the top three candidates, the one-year (1) term shall be determined by lot. Read more: |
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