2002 Resolution - 004

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SUBJECT: Article VIII Revision - UAN Restructuring
Date of Resolution: June 25, 2002, Revised June 27, 2002
Introduced by: UAN Executive Council
Action: Resolution adopted on June 27, 2002

WHEREAS, UAN restructuring is necessary and must be governed by the following principles:

1. UAN as a strong, self-governing, truly competitive national union with its own finances, governance, staff, and direction.
2. UAN as the exclusive national collective bargaining affiliate of ANA.
3. The SNAs that engage in collective bargaining remain multi-purpose professional associations and retain a dual affiliation with their professional association, ANA, and their national collective bargaining organization, UAN, with dues obligations to each organization determined in accordance with the ANA Bylaws and UAN Constitution and Bylaws.

WHEREAS, ANA remaining a labor organization is consistent with implementation of these principles.

WHEREAS, the UAN National Labor Assembly has determined that the following amendments to the ANA Bylaws are required to implement these principles.

THEREFORE BE IT RESOLVED that the UAN National Labor Assembly strongly recommends to the ANA Special House of Delegates that Article VIII of the ANA Bylaws - United American Nurses, be amended to read as follows (with the attached provisos):

Article VIII - United American Nurses

Section 1: Name [No change]

Section 2: Structure

a. UAN shall be a self-governing national labor organization, affiliated with ANA, and shall be the exclusive national union of ANA.

b. The purposes, functions and governance of UAN shall be defined by its own Constitution and Bylaws, including but not limited to the following:

1. ensuring that nurses have meaningful access to collective bargaining and representing registered nurses through an insulated organization.
2. providing democratic self-governance as a national labor organization under the leadership of elected nurse members, with staff support including a National Director.
   
3. providing effective organizing and collective bargaining services.
   
4. serving as the national labor organization for the CMAs' individual labor programs to strengthen and enhance such programs.
5. establishing and implementing an effective national labor agenda.
   
6. levying dues and assessments to support the programs and activities of UAN.

c. All constituent members of ANA who represent registered nurses for the purpose of collective bargaining or their separate collective bargaining programs shall be members of the UAN.

d. ANA shall make provision for membership and representation within ANA for registered nurse members of UAN who are represented through UAN authorized National Councils and not also CMA members (e.g., situations where a geographically suitable UAN CMA is unable or unwilling to provide full collective bargaining member status to nurse members represented by UANBC or the UAN VA Council).

e. Commencing January 1, 2003, UAN dues shall be transmitted by UAN CMAs to UAN.

f. To the extent that the ANA Bylaws are inconsistent with this Article as it pertains to the structure of the UAN, the UAN shall be controlled by this Article.

Provisos

1. Pending the formal adoption of the UAN Constitution and Bylaws by the 2003 National Labor Assembly or by a special meeting of the National Labor Assembly held prior to then, UAN shall continue to be governed by the provisions of Article VIII (as amended in 2001), except as such provisions are inconsistent with Article VIII, Section 2, as adopted in 2002.

2. Constituent members of ANA who represent registered nurses for the purpose of collective bargaining or their separate collective bargaining programs shall have until July 1, 2005, to join the UAN.

3. Commencing January 1, 2003, dues collected from each nurse collective bargaining member, after applying the ANA dues conversion factor, shall be allocated as follows:

YEAR ANA UAN
2002 46% 54% (current)
2003 40% 60%
2004 35% 65%
2005 29% 71%
2006 23% 77%

4. Commencing January 1, 2003, UAN will receive 100% of agency shop fees remitted to ANA (fees paid by non-members represented by CMAs under collective bargaining contract union security requirements).

5. On or about January 1, 2003, ANA will provide UAN with a one-time grant of $1,350,000 (25% of 2003 estimated UAN base dues revenue of $5.4m) to establish a UAN reserve (working capital) fund.

6. The annual UAN administrative fee payment to ANA for the years 2003-2006 shall be no more than $1,200,000.

7. ANA and UAN shall establish a joint transition committee including, but not limited to, the President, Vice President or First Vice President, and Secretary-Treasurer of each organization, together with the ANA Executive Director and UAN National Director, with authority to address and resolve transition issues, including the transmission of dues pursuant to Section 2(e). The committee may function in subcommittees approved by the respective Presidents. The issues for the committee shall include (but not be limited to) office space arrangements and providing for all services and programs currently available to UAN remaining at the same level without reduction or additional charge (including but not limited to website support and marketing), UAN, AJN, and TAN ads as proposed by ANA at no charge, and a growth support program for UAN that recognizes ANA membership growth through addition of collective bargaining members above the 85,000 member base in financial terms. The transition committee shall meet in September 2005 and thereafter to address issues and make recommendations as to UAN and ANA base dues revenue for the year 2007 and thereafter.

8. Dues paid to UAN under Article VIII, Section 2e shall be considered as ANA dues for the sole purpose of calculation of apportionment of HOD delegates.