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Can board vote against the bylaws


Guest Lori

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The constitution states that the negotiating team should be made up of 1 member from each building to be on the negotiating team. A member that has been on the team for 30 years was moved to a different building so now that building will have 2 members and the other building will have none. Members of the board say that they can just vote to do this even though it goes against the constitution.

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The constitution states that the negotiating team should be made up of 1 member from each building to be on the negotiating team. A member that has been on the team for 30 years was moved to a different building so now that building will have 2 members and the other building will have none. Members of the board say that they can just vote to do this even though it goes against the constitution.

 

Nope.  See this link.

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The constitution states that

the negotiating team should be made up of 1 member from each building to be on the negotiating team.

 

A rule which recommends only is not a rule which compels.

 

If your rule says "X should be Y", that could be interpreted to mean that that formation is the ideal, and not necessarily the only formation.

 

(Analogy: Mother says, "You should eat a variety of vegetables." That is the ideal. -- But not the only way to achive variety of vegetable protein and vegetable vitamins.)

 

But 10 people could read that rule of yours and come away with 10 interpretations.

So, whatever the organization interprets, THAT is the interpretation.

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A rule which recommends only is not a rule which compels.

 

If your rule says "X should be Y", that could be interpreted to mean that that formation is the ideal, and not necessarily the only formation.

 

(Analogy: Mother says, "You should eat a variety of vegetables." That is the ideal. -- But not the only way to achive variety of vegetable protein and vegetable vitamins.)

 

But 10 people could read that rule of yours and come away with 10 interpretations.

So, whatever the organization interprets, THAT is the interpretation.

 

We should also consider the possibility that what the OP posted is just a paraphrase of the rule in question. The actual rule hopefully does not say "should."

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Yes, I was paraphrasing the rule in my own words for clarity's sake.

 

So, what does the rule actually say about the composition of the negotiating team?

 

This might be a case of having to interpret your constitution or bylaws, which is something we cannot do for you.  Your organization has to do that.

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