Guest Jessica Posted July 24, 2012 at 06:32 PM Report Share Posted July 24, 2012 at 06:32 PM Is a pro-active motion valid or not? For example a motion made to suspend the payment of a member that is paid by the local for services rendered to members of said local when the member is doing a temporary work assignment in a supervisory position creating a conflict as they cannot be the person giving the punishment AND providing the representation. Link to comment Share on other sites More sharing options...
Tim Wynn Posted July 24, 2012 at 06:35 PM Report Share Posted July 24, 2012 at 06:35 PM Is a pro-active motion valid or not? For example a motion made to suspend the payment of a member that is paid by the local for services rendered to members of said local when the member is doing a temporary work assignment in a supervisory position creating a conflict as they cannot be the person giving the punishment AND providing the representation.I don't understand the question, and the explanation doesn't seem to help. Link to comment Share on other sites More sharing options...
jstackpo Posted July 24, 2012 at 06:37 PM Report Share Posted July 24, 2012 at 06:37 PM That is a complex sentence.However: do your local's bylaws define what is a "conflict of interest" and what the consequences of it might be?Punishment for what? And what "punishment"?And, finally, what do you mean by a "pro-active" motion? The term isn't found in RONR. Link to comment Share on other sites More sharing options...
Traveling Bill Posted July 24, 2012 at 07:30 PM Report Share Posted July 24, 2012 at 07:30 PM Is a pro-active motion valid or not? For example a motion made to suspend the payment of a member that is paid by the local for services rendered to members of said local when the member is doing a temporary work assignment in a supervisory position creating a conflict as they cannot be the person giving the punishment AND providing the representation.You may be looking to RONR when the answer is elsewhere. Did the member provide the agreed upon services? Were the services satisfactory? If the answer to both questions is yes, how can anyone justify not paying the member for satisfactory services already rendered? Seems to me not paying is a breach of contract. Link to comment Share on other sites More sharing options...
Guest Jessica Posted July 26, 2012 at 11:46 AM Report Share Posted July 26, 2012 at 11:46 AM The term "pro-active motion" was used by the business agent for the local....where he got it I do not know. The bylaws for the local do not describe a conflict of interest. The services have not been rendered and it was already agreed that a person who was to accept a temporary supervisory position would not represent a member due to a conflict of interest because they would be investigating and distributing discipline to a member. So the motion was made if they are not to provide the services that they are being paid for then they should be recused of their duties until their temporary appointment is over or their term is up. My question is, is this a valid motion? Link to comment Share on other sites More sharing options...
tctheatc Posted July 26, 2012 at 07:20 PM Report Share Posted July 26, 2012 at 07:20 PM All other things being equal, a motion "to cease making regularly scheduled monthly payments to Joe Bagodunuts" would probably be in order... Link to comment Share on other sites More sharing options...
Josh Martin Posted July 26, 2012 at 10:34 PM Report Share Posted July 26, 2012 at 10:34 PM The term "pro-active motion" was used by the business agent for the local....where he got it I do not know. The bylaws for the local do not describe a conflict of interest. The services have not been rendered and it was already agreed that a person who was to accept a temporary supervisory position would not represent a member due to a conflict of interest because they would be investigating and distributing discipline to a member. So the motion was made if they are not to provide the services that they are being paid for then they should be recused of their duties until their temporary appointment is over or their term is up. My question is, is this a valid motion?So far as I can tell, the motion violates no rule in RONR.It's possible the motion violates a rule of the society or applicable law, but that is beyond the scope of RONR and this forum. The society will have to interpret its own rules (see RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation), and questions about applicable law should be directed to a lawyer. Link to comment Share on other sites More sharing options...
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