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TatsuSaisei

Ability to rescind a voted on Memorandum of Agreement?

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Recently, our Union voted to accept a Memorandum of Agreement, proposed by the Company, between the Union and the Company. The motion to accept the MOA was passed using a 2/3 majority of the total group membership.

To date neither parties have actually signed the agreement.

Is it possible, according to RONR, to have a member make a motion to rescind such MOA after having been accepted by the Union, since the reason it has not been signed stems from a desire by the Company to get a similar MOA passed by another Union employed at the Company (we have 4 separate Union groups under this Company). If this is possible, would such a vote still require a 2/3 majority, or would a simple majority be acceptable?

Our bylaws only stipulate that matters that would affect the terms and conditions of work would require a 2/3 majority, but rescinding the MOA would in essence cancel any changes to our terms and conditions of work.

Please advise.

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Is it possible, according to RONR, to have a member make a motion to rescind such MOA after having been accepted by the Union, since the reason it has not been signed stems from a desire by the Company to get a similar MOA passed by another Union employed at the Company (we have 4 separate Union groups under this Company). If this is possible, would such a vote still require a 2/3 majority, or would a simple majority be acceptable?

Under RONR, yes, the motion to adopt the Memorandum of Agreement may be rescinded. A majority vote is sufficient if previous notice is given. The motion to Rescind requires a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with notice. Of course, if the provision in your Bylaws applies, that supersedes RONR.

Our bylaws only stipulate that matters that would affect the terms and conditions of work would require a 2/3 majority, but rescinding the MOA would in essence cancel any changes to our terms and conditions of work.

It will be a question of Bylaws interpretation to determine whether this provision applies. It seems like a grey area whether this would be considered to "affect the terms and conditions of work" since the MOA has not yet gone into effect. It will be up to your organization to interpret its own Bylaws. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation.

Since this involves unions and documents in the nature of a contract, there may also be legal issues involved here, and questions about that should be directed to a lawyer.

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