Jump to content
The Official RONR Q & A Forums

Amendment of something previously adopted


Guest Woboot100

Recommended Posts

Guest Woboot100

As a labor organization within a company, we conduct all our business through an assembly process. Our contract is our Handbook, which is based on the guidelines of our parent organization. To keep our contracts up to date a Handbook Committee is a standing committee. To prevent a Handbook Committee from bottling up motions to change the contract, the Handbook Committee may not stop a motion to change the Handbook from coming to our Executive Committee. The Executive Committee then sends it to our Assembly, which, in turn, sends it to the corporation’s Board. 


 


Over the past two years the Handbook Committee has been working on a major overhaul of the Handbook. However, one of our subunits sent a motion changing the very definition of an employee in a very significant way. The Handbook Committee did not approve the motion since it conflicts with much of the work they had already performed and, also, with the present Handbook. Nevertheless, the Handbook Committee HAD to pass the motion on to the Executive Committee. The Executive Committee sent it to the Assembly. We require a 2/3rds vote of those attending for final approval of the Handbook so that there can be no question as to whether there is general sentiment to pass a motion. Before the debate, the chair of the Handbook Committee read the reservations of the Committee and we broadcast them on a screen so that everyone could follow along. The motion, changing the nature of employment at our company, passed anyway. 


 


Our Board has yet to approve the motion passed by the Assembly and may not do so until March of 2016. During that time, the other changes which the Handbook Committee has been working on will come for debate. It is extremely likely that the motions coming up will conflict with the motion just passed. Let us say that the different changes will come up in twenty-four different motions. A certain percentage of those motions will conflict with something already passed but not yet accepted by our Board. Do these motions amend something previously adopted? If they do, they will pass by a simple majority since they will come up with notice. But, if we do that, it will change the very nature of a motion previously adopted by a 2/3rds vote, which seems like a contradiction to the overall will of the Assembly. Any ideas? Thanking you in advance.


Link to post
Share on other sites

Properly adopted bylaw amendments that have not yet come into effect are still part of the bylaws - see RONR (if you have adopted RONR as your parliamentary authority), p. 598.

 

So any later or future proposals (from your Handbook Committee) which propose to alter the just adopted "'very significant' change of employment relationship" will have to be treated as full scale bylaw amendments.  Thus, per your description, they will require a 2/3 vote for adoption along with all the other changes the Handbook Committee presents.

Link to post
Share on other sites

I'm not completely clear on whether the handbook (aka bylaws?) changes that have made their way through the handbook committee, the executive committee, and then the assembly, have actually been adopted yet. The OP has not said whether the next step means that approval by the corporation board is also required before any changes are actually adopted and become part of the handbook.

Link to post
Share on other sites

The use of multiple levels of approval  --  committee to ExecComm to assembly to Board  --   rather clouds the issue of whether the 'very significant' change is now a "part" of the bylaws, with a "delay" proviso attached, or is just in some sort of bylaw limbo or anteroom (not defined in RONR) awaiting inclusion in the bylaws.  This is something  which the association will have to sort out.  RONR has only one approval level:  the assembly.

 

Seems to be it would be "safest" to pretend the change is a delayed bylaw and the major handbook changes should all be treated as real bylaw amendments, including those that have an impact on the 'very significant' change already in (or maybe not quite in) the bylaws.  That way there will be no question as to bylaw content when the whole process is completed.

Link to post
Share on other sites
Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...