2001 Resolution - 017

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SUBJECT: Modification to UAN Operating Guidelines
Introduced by: UAN Executive Council
Date of Resolution: June 27, 2001
Action: Resolution adopted on June 28, 2001

WHEREAS, The UAN National Labor Assembly adopted Operating Guidelines at its first meeting on June 21, 2000; and

WHEREAS, The UAN Executive Council has determined that certain provisions in the Operating Guidelines concerning the nomination of candidates should be modified to comply with Title IV of the Labor-Management Reporting and Disclosure Act of 1959;

THEREFORE BE IT RESOLVED, that the attached provisions in the Operating Guidelines governing nominations be amended [as indicated in red below]

UNITED AMERICAN NURSES OPERATING GUIDELINES
Revised June 28, 2001

Material in boldface italics is from the ANA bylaws

I. PURPOSE AND AUTHORITY

The United American Nurses (UAN) was established in 1999, by the authority of Article VIII of the ANA bylaws. The purposes of the UAN shall be to further the purposes of ANA by: a. ensuring that nurses have meaningful access to collective bargaining through ANA; b. providing effective collective bargaining services; c. strengthening ANA and SNA labor programs; d. establishing and implementing an effective national labor agenda.

II. ORGANIZATION AND STRUCTURE

A.Composition

1. The UAN shall consist of members and associates.Members are either those constituent members of ANA who have insulated collective bargaining programs and represent registered nurses for the purposes of collective bargaining or their separate insulated collective bargaining programs.
2. Associates are those constituent members of ANA who have bylaws establishing an insulated collective bargaining program but do not at this time represent registered nurses for the purposes of collective bargaining.

B. National Labor Assembly

1. The UAN National Labor Assembly is the governing and official voting body of the UAN.
2. The UAN National Labor Assembly shall be composed of individual members from the constituent members or their collective bargaining programs who are members of the UAN, including:

a. delegates and alternates duly elected by secret ballot by individual members of the UAN member...for a two (2) year term
b. members of the UAN Executive Council

C. Elections/Qualifications

Delegates to the UAN National Labor Assembly shall-

1. be members of the constituent member or its collective bargaining program;
2. be elected by members of bargaining units represented by the constituent members or their collective bargaining programs; and
3. be members of a bargaining unit represented by the constituent members or their collective bargaining programs throughout the term of office as delegate to the UAN National Labor Assembly.

III. ACCOUNTABILITY

The UAN is an organized body of ANA that shall be autonomous with respect to all matters that are required by law to be addressed by an insulated labor body. The UAN advises the ANA Board of Directors on labor implications of proposed policy and provides informational reports. The ANA Executive Director shall have the authority to manage the UAN and is responsible for implementing the policies established by the National Labor Assembly and the Executive Council.

IV. FUNCTIONS

The functions of UAN shall be to -

A. operate as an insulated body;

B. establish and implement an effective national labor program within ANA;

C. utilize staff and financial resources to accomplish its purposes;

D. generate additional revenue for operations of the labor programs by assessment of UAN members beyond the ANA dues;

E. develop national labor policies for UAN members.

In its functions, the UAN will not operate to substitute for or control the constituent member in its role as certified bargaining agent.

V. TERMS OF OFFICE

1) There shall be three officers: chairperson, vice-chairperson, and secretary/treasurer.

2) There shall be four directors elected at-large.

3) Officers and directors of the executive council shall not concurrently serve on the executive council and as delegates to the UAN National Labor Assembly.

C. Officers and directors of the UAN shall be elected to serve for two years or until their successors are elected.

D. The chairperson, vice-chairperson, and two directors shall be elected in even numbered years and the secretary/treasurer and two directors shall be elected in odd numbered years.1

E. No officer or director shall serve more than two consecutive terms in the same office nor more than eight consecutive years on the executive council, exclusive of any time served as a delegate to the UAN National Labor Assembly. An officer or director who has served one half term or more shall be considered to have served a full term.

F. The term of office for UAN Executive Council members shall commence at the adjournment of the UAN National Labor Assembly.2

VI. VACANCIES

C. In the event of a vacancy

1) in the office of the chairperson, the vice chairperson shall become chairperson for the remainder of the term.

2) in the office of another officer or of a director at large, the executive council shall fill the vacancy by appointment until the next annual meeting of the UAN Labor Assembly where such vacancy shall be filled by election.

VII. REMOVAL FROM OFFICE

A. Any officer or director elected by the UAN National Labor Assembly may be removed by the UAN National Labor Assembly in accordance with its procedures, whenever such action is deemed to be in the best interest of the UAN, or for other just cause. Removal of an elected official requires a majority vote of the UAN National Labor Assembly.

B. Procedure

1) A charge that an elected official has engaged in serious misconduct must be filed by at least 10% of the UAN members in good standing in writing to the UAN Chairperson, or if the UAN Chairperson is the subject of the charges, a designee. The charge shall specifically state the reasons for the charge.

2) The UAN Chairperson (or designee) shall promptly submit copies of the charge to the UAN elected official who is the subject of the charge and to UAN members; and shall allow the elected official who is subject to the charge a reasonable time to file a written response, in any event not to exceed fifteen (15) days.

3) Notice of a hearing shall promptly be provided in writing to the charged UAN elected official and the members of the UAN at least thirty (30) days prior to the hearing. The notice shall include the charges and written response from the charged elected official and shall state the date and time when the hearing will be held. The hearing shall be held in a reasonable time, but in any event, not less than forty-five (45) days from the receipt of charge, unless otherwise agreed to by the parties.

4) The hearing will be conducted by a three member panel chosen from among the elected Hearing Panel and will be conducted in an orderly fashion with full opportunity for the presentation of relevant testimony, documentation, and oral argument. The hearing panel shall determine the rules for the conduct of the hearing. The charged UAN elected official may be represented at the hearing by representatives of the officer's choosing.

5) At the conclusion of the hearing, the members of the hearing panel shall meet in executive session and shall decide by majority vote whether or not the UAN elected official should be removed from office. If the members of the hearing panel decide that no action is warranted, the charges shall be dismissed without further proceeding. Notice of the dismissal of the charges shall be reported in writing and delivered by registered mail to the home of the elected official and to the principal offices of the UAN members. If the members of the hearing panel decide that the elected official should be removed, notice of the findings, including the basis for the findings shall be reported in writing delivered by registered mail to the home of the elected official and to the principal offices of the UAN members within thirty (30) days of the close of the hearing.

6) Upon finding that elected official should be removed, the hearing panel may suspend the officer from office, pending a secret ballot vote by the UAN National Labor Assembly at its next regularly scheduled meeting on an appeal of the decision to remove the elected official from office. The decision of the Labor Assembly is final.

VIII.VOTING

C. Up to two staff representatives from each UAN member may participate in the national labor assembly with voice but no vote.

IX.NOMINATIONS AND ELECTION PROCEDURE

A. The election of officers, directors and members of the Nominating Committee and Hearing Panel shall be conducted at the annual meetings of the UAN.

B. Hearing Panel

1) The Hearing Panel shall consist of five individual members who are represented for collective bargaining by UAN members and who consent to serve on such panels as may be determined by the UAN.

2) Three members of the Hearing Panel shall be elected in the even number years for a two year term and two members shall be elected in the odd years for a two year term. 3

3) Members of the Hearing Panel shall not run for UAN office while serving on the Hearing Panel.

C. Nominating Committee

1) The Nominating Committee shall consist of five individual members who are represented for collective bargaining by UAN members

2) Three members of the Nominating Committee shall be elected in the even number years for a two year term and two members shall be elected in the odd years for a two year term.4

3) Members of the Nominating Committee shall not run for UAN office while serving on the Nominating Committee.

4) Members of the Nominating Committee shall serve as tellers during the conduct of the election.

D. Nominations

ORIGINAL TEXT:

1) All candidates for office shall meet established qualifications and shall consent in writing to serve if elected.

2) The Nominating Committee shall solicit nominations from UAN members and those individual members who are represented for collective bargaining by the UAN member and shall prepare the official slate of at least one nominee for each elective office. Individual members of a UAN member may announce their own candidacy at any time prior to the close of nominations. Any member may be a self-announced candidate provided he or she meets the requirements for the office being sought consents to serve and so notifies the secretary/treasurer of the UAN in writing. An individual member of a UAN member who meets the established qualifications for an elective office may declare as a candidate by writing to the secretary/treasurer of the UAN. Candidates for any office are not limited to UAN delegates, but may also include any individual member represented for collective bargaining by an UAN member.

3) The slate shall be distributed to UAN members at least four weeks prior to the election

4) In addition to candidates on the slate prepared by the Nominating Committee, nominations may be made from the floor of the National Labor Assembly.

REVISED TEXT:

1) All candidates for office shall be represented for the purposes of collective bargaining by a constituent member or its collective bargaining program and shall consent in writing to serve if elected.

2) The Nominating Committee shall solicit nominations from UAN members and those individual members who are represented for collective bargaining by the UAN member and shall prepare a list of nominees for each elective office. Individual members of a UAN member may announce their own candidacy at any time prior to the close of nominations. Any member may be a self-announced candidate provided he or she consents to serve and so notifies the secretary/treasurer of the UAN in writing. Candidates for any office are not limited to UAN delegates, but may also include any individual member represented for collective bargaining by an UAN member.

3) The list of nominees shall be distributed to UAN members at least four weeks prior to the election

4) In addition to candidates on the list of nominees prepared by the Nominating Committee, nominations may be made from the floor of the National Labor Assembly.

E. Elections

1) The Executive Council shall appoint a three member credentials committee from among individual members who are represented for collective bargaining by UAN members and who are neither candidates nor delegates. Members of this committee shall serve one year terms. This committee shall be responsible for certifying that all persons seated as delegates in the National Labor Assembly have been duly registered and certified as delegates. The committee members will be available during registration and sessions of the National Labor Assembly to adjudicate any problems connected with delegates' credentials. The Credentials Committee shall also verify the eligibility of all voters.

2) The Executive Council shall appoint a Head Teller from among individual members who are represented for collective bargaining by UAN members and who is neither a candidate nor a delegate.

3) A specified area will be designated for the conduct of the election. The entire election process, including voter registration, balloting and tabulation of ballots will be conducted in the designated area. The polling area shall be accessible to all authorized voters and permits privacy. Each candidate shall have the right to be present or to designate an observer of choice at the polls and during the tabulation of ballots. Campaigning, by any means, is prohibited in the polling area.

4) Notice of the day, date and times of voting will be sent to UAN delegates at least 15 days prior to the commencement of voting. Distribution of ballots will not commence until the designated time. Any delegate who is in line to register or to vote as of the time designated for conclusion of voting will be allowed to vote. Election tellers shall conduct voter registration by checking delegates against a master list of credentialed delegates and shall distribute ballots to delegates credentialed to vote in the election. No ballot may be distributed to any delegate who is not in line to register or to vote as of the published time of the closing of the polls. Questions of timeliness in the voting procedure will be resolved by the Head Teller.

5) If the candidate or observer challenges the eligibility of a delegate to vote after the delegate has been credentialed, the delegate will be allowed to vote subject to challenge. The challenged ballot will be placed in an envelope and the delegate will be identified on the envelope. After tabulation of all ballots by the tellers, if any challenged ballots will be determinative of any election, the challenges to the ballots will be resolved by the Executive Council.

6) Tabulation of ballots will commence immediately after conclusion of the balloting. Candidates or their designated observers are allowed to be present at all times throughout the tabulation. Any ballot marked in such a way as to reasonably indicate the intent of the voter is counted. Questions as to the intent of any ballot will be resolved by the Head Teller.

7) If, based on a belief that there has been an irregularity in the counting of ballots, any candidate or observer, at the conclusion of the tabulation, wishes a recount of the election in which the candidate was involved, the ballots cast in the election shall be recounted. There will be only one recount per election unless the Head Teller determines that a second recount is necessary to verify the results of the election or the first recount. Where the margin between a winning and losing candidate is within five percent of the total ballots cast, the election will be confirmed by re-adding the tally sheets.

8) A plurality vote constitutes an election.

9) In the event of a tie, which will be verified by a recount, the election is determined by lot that is conducted by the Head Teller. In the event of a tie election, the candidates will be notified and afforded the opportunity to attend the determination by lot.

10) Any challenge to an election must be filed by the candidate with the secretary/treasurer of the UAN within 30 days after adjournment of the annual meeting of the National Labor Assembly.

11) A hearing on the challenge to the election shall be conducted by a three member panel, who have been chosen from among the elected Hearing Panel. The hearing shall be conducted in an orderly fashion with full opportunity for the presentation of relevant testimony, documentation and argument. At the conclusion of the hearing, the hearing panel shall meet in executive session and shall decide by majority vote whether to sustain the challenge to the election. If the hearing panel decides that no action is warranted, the challenge will be dismissed. If members of the hearing panel decide to sustain the challenge, a new election shall be conducted for the office in which the challenge occurred.

12) Ballots will be retained by the UAN in a secure area for a minimum of one year following the election.

X.MEETINGS AND QUORUM

1) The UAN National Labor Assembly shall meet annually, in conjunction with but not concurrently to the annual meeting of the ANA House of Delegates.

2) A special meeting of the UAN National Labor Assembly may be called by a majority of the Executive Council and shall be called upon written request of a majority of UAN members.

3) Except for good cause, notice of meetings of the UAN National Labor Assembly shall be mailed to UAN members at least forty-five (45) days prior to the meeting.

4) A quorum for transaction of business by the UAN Labor Assembly shall consist of 50 percent of the total delegates, representing a majority of the UAN members, and three members of the Executive Council, one of whom shall be the chairperson or vice-chairperson.

B. Executive Council

1) Meetings of the Executive Council shall be held at least twice annually at a time and place determined by the Executive Council.
2) A special meeting may be called by the chairperson and shall be called upon written request of at least three members of the executive council.

3) Notice of meetings of the Executive Council shall be given to UAN members and members of the Executive Council at least ten (10) days prior to the meeting, or sooner if all members of the Executive Council can be contacted and notified.

4) A majority of the Executive Council, including the chairperson or vice chairperson shall constitute a quorum at any meeting of the Executive Council.

5) The summary of all open meetings of the Executive Council will be provided to UAN members for distribution.

XI. DISCIPLINE

A. The UAN may take disciplinary action against a member for violation of the policies of the UAN or for conduct detrimental or injurious to the UAN and its purposes, in accordance with established policy. Discipline may include, but is not limited to reprimand, censure, suspension or expulsion.

B. Procedure

1) This policy and procedure shall apply to all disciplinary actions against a member.

2) All time limits contained in this policy may be extended by written request of any party for a time period, not to exceed fourteen (14) days.

3) A member shall be given a fair hearing before any disciplinary action is taken against it.

4) A charge that a UAN member should be subject to disciplinary action may only be made by ten (10) percent of the UAN members and must be filed in writing with the UAN Chairperson.

5) The UAN Chairperson shall submit a copy of the charge to the UAN member which is the subject of the charge and shall allow the member a reasonable time to file a written response to the charge, in any event not to exceed 15 days.

6) The charge shall be submitted in writing together with the response of the charged UAN member to a three member impartial review committee appointed by the UAN Chairperson for an initial investigation of the charge, including the gathering of relevant documentation.

7) Upon completion of the investigation, which shall occur within 30 days of receipt of the charge, the review committee will prepare, in writing, a report to the UAN Executive Council, including, but not limited to its initial findings of fact and recommendations on the disposition of the charge.

8) At the next regularly scheduled meeting (or conference call) of the UAN Executive Council following the receipt of the report of the review committee, the UAN Executive Council shall consider the charge, response by the charged UAN member, and report of the review committee. The Executive Council shall determine by a majority vote that:

a) there is no reasonable cause and the charge shall be dismissed without further proceeding; or

b) the charges warrant further investigation and the charges should be sent back to the review committee for further investigation; or

c) there is reasonable cause and a complaint should issue.

9) If a complaint should be issued, it shall be submitted in writing to the charged UAN member within fifteen (15) days of the determination of the Executive Council. The complaint shall include the reasons why there is reasonable cause that the UAN member should be subject to disciplinary action and the disciplinary actions that are contemplated in the event that the it is found that disciplinary action is warranted. The complaint shall be accompanied by copies of the documentation gathered during the investigation of the charge, including the findings of the review committee. The complaint also shall be accompanied by a notice of hearing and shall state the date and time when the hearing on the complaint will be held. The hearing shall be held in a reasonable time, but in any event, not less than twenty-one (21) days from the date of the complaint.

10) The hearing shall be conducted by a three member panel, which will include two members who have been chosen from among the elected Hearing Panel and one member who is a member of the UAN Executive Council. The hearing shall be conducted in an orderly fashion with full opportunity for the presentation of relevant testimony, documentation and argument. The charged UAN member may be represented at the hearing by a representative or representatives of the member's choosing.

11) At the conclusion of the hearing, the hearing panel shall meet in executive session and shall decide by majority vote whether or not the UAN shall take disciplinary action against the member. If the hearing panel decides that no action is warranted, the complaint is dismissed without further proceeding. If members of the hearing panel decide that disciplinary action should be taken, they shall determine by majority vote the nature of the discipline that shall be imposed. The decision of the hearing panel shall include the reasons for the decision and shall be reported in writing delivered by registered mail to the principal office of the charged member within thirty (30) days of the close of the hearing. The decision of the hearing panel is final unless the member files an appeal.

12) An appeal must be submitted by the charged member to the UAN Chairperson in writing delivered by mail postmarked not later than fifteen (15) days after the date the receipt for registered mail indicates the UAN member received written notification of the decision of the Executive Council.

13) Members of the Executive Council who have not served on the review committee, the hearing panel, or whose impartiality may not otherwise be questioned shall hear the appeal of the UAN member at the next regularly scheduled meeting of the Executive Council following receipt of the appeal. Executive Council members who are members of the UAN member which is a party to the appeal shall not take part in considering or deciding the appeal. The Executive Council shall consider the decision rendered by the officers and any statement submitted by the charged UAN member. The UAN member may be represented by representatives of its own choosing, and the representative shall be given the opportunity to speak to the statement submitted by the UAN member.

14) The Executive Council shall meet in executive session and decide by majority vote whether to:

a) affirm the decision of the hearing panel;

b) impose discipline of a different nature than that determined by the hearing panel

c) vacate the decision of the hearing panel.

The decision of the Executive Council shall be reported in writing delivered by registered mail to the principal office of the constituent member within thirty (30) days. The decision of the Executive Council is final.

XII. CONFLICT RESOLUTION

A.The Executive Council shall have the authority delegated to it by the UAN National Labor Assembly, including the duty and power of acting for the membership in the intervals between meetings of the UAN National Labor Assembly and shall have dispute resolution authority.

B. The Executive Council shall establish procedures for resolving conflicts that arise over interpretation or application of the UAN operating guidelines, or other issues or agreements between members of the UAN.

XIII. PARTICIPANTS

Officials and staff of ANA and UAN members and associates, and others as appropriate, may be invited to participate at meetings and conference calls of the UAN National Labor Assembly and Executive Council to present specific agenda items with "voice only."

XIV. OBSERVERS

A. Individual members of UAN members and associates meeting qualifications for election to the UAN National Labor Assembly and Executive Council, executive directors and program directors of UAN members and associates and/or their designee may attend meetings of the National Labor Assembly and open session meetings and conference calls of the Executive Council as observers at their own expense.

B. Others wishing to attend open session meetings and conference calls of the Executive Council must request permission to do so from the Executive Council.

XV. REPRESENTATION IN THE UAN LABOR ASSEMBLY

A. Each UAN member shall be entitled to one delegate-at-large at any meeting of the UAN National Labor Assembly. UAN members with more than 1000 members represented for collective bargaining shall receive one additional delegate for each block of 1000 full member equivalents or part thereof.

B. UAN member representation in the UAN National Labor Assembly shall be calculated on the percentage of ANA total dues income paid by the UAN member for its members represented for collective bargaining based on the conversion factor formula set by the ANA House of Delegates. (See attached formula)

C. UAN member representation in the UAN National Labor Assembly shall be determined in the odd numbered years and calculated on the percentage of dues revenue paid to ANA by the UAN member for its members represented for collective bargaining applied to the twelve months ending December 31 of the even numbered years. 5

D. UAN members shall notify the Executive Council in writing of their intention to join or leave the UAN by April 1 of the odd numbered year.

XVI. PARLIAMENTARY AUTHORITY

Robert's Rules of Order, Newly Revised governs in all parliamentary situations that are not provided for in the law, ANA Bylaws, or these operating guidelines.

XVII. AMENDMENTS TO OPERATING GUIDELINES

Except for rules determined by the ANA Bylaws, these operating guidelines may be amended at any meeting of the UAN Labor Assembly by a majority vote of the UAN members present and voting.

PROVISOS

1. PROVISO: The chairperson, vice-chairperson, and two directors-at-large will be elected for two years in 2000 serving until 2002. The secretary/treasurer and two directors-at-large will be elected for one year in 2000 serving until 2001. This will provide for staggered elections and appointments in the even and odd years. Individuals serving the one year term will be considered to have served a full year term.

2. PROVISO: Elected representatives of the Executive Committee of the Institute of Constituent Member Collective Bargaining Programs whose terms have not expired by the close of the 1999 House of Delegates shall serve as the UAN Executive Council until the year 2000 or until the officers and directors are elected. For the purposes of this proviso, the chairperson, vice-chairperson, and secretary of the Institute of Constituent Member Collective Bargaining Programs shall serve in the corresponding positions on the Executive Council until the year 2000 or until a successor is elected. Representatives to the Institute Continuing Advisory Committee shall serve in an advisory capacity to the UAN Executive Council until the year 2000 or until the officers and directors are elected.

3. PROVISO: Three members of the Hearing Panel will be elected for two years in 2000 serving until 2002. Two members of the Hearing Panel will be elected for one year in 2000 serving until 2001. This will provide for staggered elections in the even and odd years. Individuals serving the one year term will be considered to have served a full year term.

4. PROVISO: Three members of the Nominating Committee will be elected for two years in 2000 serving until 2002. Two members of the Nominating Committee will be elected for one year in 2000 serving until 2001. This will provide for staggered elections in the even and odd years. Individuals serving the one year term will be considered to have served a full year term. PROVIDED FURTHER, the Executive Committee shall appoint an interim Nominating Committee to serve until members of the Nominating Committee are elected by the UAN Labor Assembly.

5. PROVISO: The delegate apportionment for the June 2000 National Labor Assembly meeting shall be determined by March 31, 2000 and calculated on the percentage of dues revenue paid to ANA by the UAN member for its members represented for collective bargaining applied to the twelve months ending December 31, 1998.