Official Ballot Vote Results

[flipper92]

I understand that to be official, a vote result must be presented at a meeting by the presiding officer. I would guess that simply emailing the members the results is not sufficient. Here is my question: what if another party acts upon those "unofficial" results? Details: we are a union, voting on a new contract. The officers counted the ballots and emailed us the results (70% voted in favor) but there was no subsequent meeting. The president then informed our employer that we had agreed to the contract. The employer then convened its board of directors who met and unanimously adopted the contract based on the union's "ratification." What happens now?

[Gary c Tesser]

I posted this to flipper92, the original poster, last night, on another thread; but I agree it's better to use a thread exclusively for this:

"flipper, how on Earth did the contract pass without a meeting?? (Did it pass like a kidney stone?) I think there's where your trouble begins."

[Gary c Tesser]

... What happens now?

So I begin again, as I see, on a closer look, that flipper92 has modified his post some in the light of day....

1. According to Robert's Rules, yes, the result of the vote has no standing. Therefore it looks as if the president overstepped his authority by telling the employer that the union has agreed. (But at a majority of 70%, maybe he meant well. Did he?)

2. So the employer has agreed to the contract. The union has not. If part of the union's president's job is to sign contracts on behalf of the union, maybe you all should tell him not to, yet. (N. B. Not pretending to practice contract law, or any other kind.)

[flipper92]

This may be getting beyond Robert's Rules, but let's say the president signs it anyway (ostensibly representing the will of 70% of the membership). Do the 30% who actually didn't like the result, or who think following procedures is kind of important, regardless of the outcome; do they have any recourse here against the contract? Or is there only course of action to elect officers who will follow the rules next time?

[Thomas Ralph]

This may be getting beyond Robert's Rules, but let's say the president signs it anyway (ostensibly representing the will of 70% of the membership). Do the 30% who actually didn't like the result, or who think following procedures is kind of important, regardless of the outcome; do they have any recourse here against the contract? Or is there only course of action to elect officers who will follow the rules next time?

Well, they can raise a point of order at the next meeting, or they can take disciplinary action against the president.

[Josh Martin]

What happens now?

It depends. If the Bylaws provide for mail votes, and the only problem is that the votes were not announced at the meeting, then the solution seems to be to simply announce the results at the next meeting of the membership. If there is some other problem with the vote, or if the Bylaws do not provide for mail votes, then a Point of Order and an Appeal (if necessary) should be raised at the next meeting. Disciplinary action may also be appropriate.

Of course, since contracts are involved and the other party has been notified, you might also need to consult a lawyer.

Do the 30% who actually didn't like the result, or who think following procedures is kind of important, regardless of the outcome; do they have any recourse here against the contract?

A Point of Order (and an Appeal, if necessary) can be raised, and disciplinary procedures can also be initiated.