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Membership reversal


Renegade1313

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"Except in matters placed by the bylaws exclusively under the control of the board, the society's assembly can give the board instructions which it must carry out, and can rescind or amend any action of the board if it is not too late (see 35). It should be noted, however, that exactly the opposite condition prevails in connection with boards of business corporations, in which the board has exclusive power and authority to operate the business."  (RONR, 11th ed., p. 483)

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Depends on the bylaws, but the usual system described by RONR (p. 577, l. 34 through p. 578, l. 15) has it that the general membership is "in charge", not the Board.  The Board carries out the membership's wishes, not t'other way 'round.  So, in this situation, Yes, the membership can undo what the Board moved to do (if possible), via the motion to amend something previously adopted - p. 305

 

But check your bylaws  --  they may give total authority to the Board.  Also, since you are, I gather, a Union ("local") the law may well say who can do what.

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 . . . what prevents a group of members from hijacking a Local and stopping all business from being conducted by the elected Officers of the Eboard?

 

For one thing, that "group of members" would have to be, at least, a majority of the members voting. So what prevents one group of members from "hijacking" an organization is a larger group of members that stops it.

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Is it true the membership can only undue these actions by doing so on the membership meeting directly after the Eboard? So there is a timeline for them to do so. Example the Eboard makes a motion to send members to a conference and passes it. The rooms and flights are purchased. It is noted in the minutes. At the membership meeting 2 days later nothing is said. At the next monthly meeting after the members have attended a member makes a motion to rescind and it passes is it then to late?

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Is it true the membership can only undue these actions by doing so on the membership meeting directly after the Eboard?

 

No.

 

So there is a timeline for them to do so. Example the Eboard makes a motion to send members to a conference and passes it. The rooms and flights are purchased. It is noted in the minutes. At the membership meeting 2 days later nothing is said. At the next monthly meeting after the members have attended a member makes a motion to rescind and it passes is it then to late?

 

Yes, it's much too late to make a motion to Rescind at that time. The motion to Rescind cannot undo what has already happened. So if a motion is adopted to send members to a conference, that motion cannot be rescinded after the conference is over.

 

In other words, the members can change the decisions of the board, but they can't change history. :)

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