Roberts Rules of Order, Our Constitution, And How They Work

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Roberts Rules of Order, Our Constitution,And
How They Work
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Roberts Intent

• for the majority to give to the minority a full,
  free opportunity to present their side of the
  case, and then for the minority, having failed to
  win a majority to their views, gracefully to
  submit and to recognize the action as that of the
  entire organization, and cheerfully assist in
  carrying it out..

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Roberts in a Nutshell

• Dry and boring as hell
• Somewhat confusing at first
• Provides structure to the assembly
• Provides minority an opportunity to be heard
• Protects the majority from needless delay
• Moves business along

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NATCA ConstitutionArticle 6, Section 6

• All regular and special meetings of the
  Association shall be governed by this
  Constitution and by Roberts Rules of Order Newly
  Revised

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Constitution v Bylaw

• Constitution
• Provide broad direction and policy
• General framework for who we are and what we want
  to do
• Where we want to go
• Two years out

• Bylaws
• Specific instruction on how and when we carry out
  policy
• Financial, LR, local benefits
• How were going to get there

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Amendment v Resolution

• Modify the Constitution
• Require 2/3 vote to pass
• To be timely, must be submitted 120 days prior to
  the meeting

• Modify the Bylaws
• Require simple majority to pass
• To be timely, must be presented in the call of
  the meeting

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What Requires a Bylaw?

• Executive Board is authorized to act on behalf of
  the body between GMM..

• Policy then needs to be affirmed at next GMM
• NEB to Convention Body
• LEB to General Membership Meeting
• Its their money
• Its their Union

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Is it Policy or is it Business?

• Policy
• Recurring issue or expense
• Pagers, flowers, phones, internet
• Addressed once and can be amended if needed
• Protects future
• DoL Protection!

• Business
• One time or infrequent
• Buy another computer for Local
• NATCA Plaque
• May be triggered by bylaw
• Vote to send member to Lobby Week
• Travel expenses
• No future protection

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Constitution, Bylaw or Business?

• No Bright Line Rule
• Judgment Call by local
• Remember corporate document hierarchy
• Be aware of restrictions on and mechanisms for
  changes

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How to Prepare a Resolution

• Think carefully about what it is your trying to
  accomplish
• Draft the simplest most concise, exacting and
  unambiguous language possible
• You are responsible for the languagemake sure it
  does what you want it to!
• Be prepared with facts and argument to support
  your resolution

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How to Write a Resolution

• Arrange your argument in a logical order,
  preceding each argument with the word
  Whereas,
• Write your resolution, preceding it with the
  words Therefore, be it resolved that
• Remember--everything before Therefore is
  stripped out
• All the bite needs to be in the Therefore

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Sample Resolution

• Whereas it is in the best interest of the
  Association to save funds whenever and wherever
  possible

• Whereas Las Vegas has historically offered us
  very reasonable convention rates and delegate
  accommodations

• Therefore Be It Resolved that all future NATCA
  biennial Conventions will be held in Las Vegas,
  Nevada.

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What Gets Left?

• Whereas it is in the best interest of the
  Association to save funds whenever and wherever
  possible

• All future NATCA biennial Conventions will be
  held in Las Vegas, Nevada.

• Whereas Las Vegas has historically offered us
  very reasonable convention rates and delegate
  accommodations

• Therefore Be It Resolved that all future NATCA
  biennial Conventions will be held in Las Vegas,
  Nevada.

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Principles of Interpretation

• NATCA Constitution Article 6, Section 6All
  regular and special meetings of the Association
  shall be governed by this Constitution and by
  Roberts Rules of Order Newly Revised

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Corporate Hierarchy

• Federal Law, Rule or Regulation
• Contract
• NATCA Constitution
• NATCA Bylaws
• Regional Constitution
• Local Constitution
• Local Bylaws

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What Cant You Do?

• Cannot supercede or dilute rights guaranteed in a
  paternal document
• Cannot remove right to vote or hold office
• No local residency requirements
• Cannot alter seniority
• No bonus for time at facility

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Ambiguous

• Each society decides for itself the meaning of
  its bylaws RROR pg 581
• If a bylaw is ambiguous it must be interpreted,
  if possible, in harmony with the other bylaws
• ..intent plays no role unless the meaning is
  unclear or uncertain but where an ambiguity
  exists, a majority vote is all that is required
  to decide the question.

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Two Meanings

• When a provision of the bylaws is susceptible to
  two meanings, one of which conflicts with or
  renders absurd another bylaw provision, and the
  other meaning does not, the latter must be taken
  as the true meaning.

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No Doubt

• any doubt as to the meaning of the disputed
  language must be resolved against the drafter of
  the language.
• the author has a duty to either propose clear,
  unambiguous language or ensure that the body
  agrees to the authors interpretation

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Initiation Fee (D3)

• D3. Initiation Fee (R90-001 amended 4/94, 9/98).
  No initiation fee shall be assessed for
  individuals who become members within six months
  of being eligible for the first time for
  membership. In addition, individuals who were
  members when they left the bargaining unit shall
  not be assessed an initiation fee if they become
  members within sixty days from the date that they
  return to the bargaining unit.
• The National Executive Board shall have the
  authority to declare open seasons, not to exceed
  thirty days at a time, no more often than once
  per year.

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Initiation Fee (D14)

• D14. Initiation Fee (R94-043). Any active member
  who resigns from the union or is automatically
  expelled because of non-payment of dues, in
  accordance with Article III, Section 7 of the
  National Constitution, shall not be allowed to
  rejoin the union without paying an initiation
  fee.

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Open Season Conflict?

• The National Executive Board shall have the
  authority to declare open seasons, not to exceed
  thirty days at a time, no more often than once
  per year.

• Any active member who resigns from the union or
  is automatically expelled because of non-payment
  of dues, in accordance with Article III, Section
  7 of the National Constitution, shall not be
  allowed to rejoin the union without paying an
  initiation fee.

• The National Executive Board shall have the
  authority to declare open seasons, not to exceed
  thirty days at a time, no more often than once
  per year.

• Any active member who resigns from the union or
  is automatically expelled because of non-payment
  of dues, in accordance with Article III, Section
  7 of the National Constitution, shall not be
  allowed to rejoin the union without paying an
  initiation fee.

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Resolution

• Quit or Expelled?

• Became member within 6 months?

• Rejoined within 60 Days?

Covered by D3 Open Season -BUT- Barred by D14!
Covered by D3 Open Season No Fee!
Covered by D3 Open Season No Fee!
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Be It Resolved

• You have to resolve the discrepancy
• You cannot simply disregard or neglect a
  conflicting section
• If If theres a way to interpret the bylaws so
  that the sections are not in conflict then that
  is how the arbitrator will define the conditions
  and force of the bylaw
• We own the language

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Prohibitions.

• A prohibition or limitation prohibits everything
  greater than what is prohibited, or that goes
  beyond the limitation but it permits what is
  less than the limitation
• Resolution to raise dues from 10 to 25
• Anything between and inclusive of 10 to 25 is
  permissiblenot above or below

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Local Constitution

• Most recent Standardized Local Constitution
  dated 6/98
• Format of Local Constitution
• Header with dates of most recent changes to
  Constitution and Bylaws
• Certifications by President and Secretary
• Track and file revisions!
• Updates to National Office, DoL and Regional
  Constitution Committee

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Sample-Pagers

• Pagers (June 27 2000)
• The Local Executive Board shall be authorized to
  provide electronic pagers for each member of the
  Local executive Board.

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Sample-Flowers

• Bereavement (Dec 6 2000, May 23 2002)
• The Local is authorized to spend up to 65 for
  flowers, fruit basket or other suitable donation
  for the death of a Local members immediate
  family member. The Local Secretary shall be
  responsible to arrange the delivery or
  distribution of these items

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Sample-Telephone

• Telephones/Communication Expenses (Dec 6 2000)
• Members of the Local Executive Board, and other
  members as authorized by the Local Executive
  Board, may be reimbursed for documented long
  distance telephone expenses associated with the
  business of the Local.

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How Often to Meet?

• Section 1. There shall be a minimum of regular
  meeting of the membership each quarter.
  Additional meetings may be called at the
  discretion of the President or on call signed by
  a majority of the members of the Executive Board.
  A quorum shall consist of those members present
  at the meeting.

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What is Proper Notice?

• Section 2. A minimum of fifteen (15) calendar
  days notice shall be given to the members of any
  regular meeting provided however, the President
  or the Executive Board, as provided in Section 1,
  may in emergency situations waive the fifteen
  calendar day notice requirements.

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Reason for Notice

• Required by Roberts!
• Educate the membership
• Provide ample opportunity for members to prepare
  for debate
• Allows members to decide to attend (or not
  attend) the meeting
• NO AMBUSH!

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Agenda

• Brief description of business to be discussed
• Be aware of readership (i.e. posted in hallway?)
• Does not have to include full text but should
  accurately describe issue to be discussed
• Can be used to generate interest but dont
  antagonize membership
• Post in accordance with Local Constitution and
  Roberts

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Sample Agenda

• Call Meeting to Order
• Acceptance of Previous Minutes
• Presidents/VP/ Secretary Treasurers Report
• Area, Rep or Committee Reports
• Old Business
• New Business
• Next Meeting
• Motion to Adjourn

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Meeting Reports

• Only if theres something appropriate to report
• Be considerate of your audience
• Treasurers Report
• Submitted for record

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Secretarys Role

• Section 3. The Secretary shall keep a record of
  the proceedings of the Local, the attendance and
  minutes of local meetings, and all matters of
  which a record may be deemed advisable.

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Secretarys Role

• It is advisable that you document everything!
• You are the formal and official record keeper
• You are documenting internal negotiations and the
  formulation of Local policy

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GMM Minutes

• Capture it all
• Capture the language
• Capture the intent
• This is a formal, official record of the meeting.
  If you need to spell it out than do so. You are
  theremake sure that your minutes capture the
  spirit and intent of the resolution for future
  reference

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Tracking Changes

• Track revisions to bylaws
• Use boilerplate numbering (i.e. date) so that you
  can locate minutes to determine
• Record both dates (Const/Bylaw) in header of
  document
• Have President and Secretary sign and date
  changes to Constitution

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Send Updates to

• Copies to
• National Office (Annual)
• Department of Labor (Annual)
• Regional Constitution Committee (Annual)

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Coming Attractions!

• Single Format Document?
• Will combine bylaws with Constitution
• Reformat Standardized Local Constitution
• Resolution Menu
• National Finance Committee
• National Election Committee

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NCC Members
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NCC Members