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Disciplinary action by executive BOD

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At a recent executive BOD meeting, during an executive session, a motion was passed to remove a steward from their position. There was confidential information shared during this BOD meeting that cannot be shared with the general membership. The steward was officially removed from their position. Can the General Membership rescind this motion after the steward was already removed, without knowing the confidential information that led to his removal?

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No it cannot after the Steward has been notified of the removal (RONR p. 308 ll. 24-29).  However, that is assuming everything was done legitimately.  If there was a severe breach in the rules as discussed on RONR pp. 250-251 you may be able to attack the removal as being invalid.

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At a recent executive BOD meeting, during an executive session, a motion was passed to remove a steward from their position. There was confidential information shared during this BOD meeting that cannot be shared with the general membership. The steward was officially removed from their position. Can the General Membership rescind this motion after the steward was already removed, without knowing the confidential information that led to his removal?

 

When something has been done that cannot be undone, or when a person has been removed from office, rescission is not possible (RONR, 11th ed., p. 308). 

 

Furthermore, your bylaws may vest in your board the exclusive power to remove a steward from his position (we don't know what your bylaws say about this).

 

In any event, the fact that confidential information shared during the board meeting cannot be shared with the general membership is irrelevant.

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Can the General Membership rescind this motion after the steward was already removed . . . ?

 

As noted, it's too late to rescind the motion that removed the steward but it may be possible for this person to be re-elected (or re-appointed) as steward.

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I'm not convinced that the general membership cannot rescind the action of the Board of Directors.  There is first the question of whether the BOD had the actual authority to remove the steward from office.  If the board did not have this authority, then the removal is void and of no effect.  Does anyone disagree with that statement?

 

If the board did have the authority, but if it's actions are subject to being rescinded or superseded by action of the general membership, they why would the general membership not have the authority to rescind (or overrule) the action of the board? 

 

I  am assuming that the rationale that the general membership may not reverse the removal of the officer by the board (assuming the board had the authority in the first place)  is based on the principle on page 308 at lines 24-30 that expulsion from membership or removal from office may not be rescinded once the member has been notified of the action.  Is that assumption correct?

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I'm not convinced that the general membership cannot rescind the action of the Board of Directors.

I'm entirely convinced that no one can rescind the action of the Board of Directors in this particular case.

There is first the question of whether the BOD had the actual authority to remove the steward from office.  If the board did not have this authority, then the removal is void and of no effect.  Does anyone disagree with that statement?

No, this is entirely correct. If this is the case, however, there is nothing to rescind.

 

If the board did have the authority, but if it's actions are subject to being rescinded or superseded by action of the general membership, they why would the general membership not have the authority to rescind (or overrule) the action of the board? 

It isn't an issue of authority. If someone is removed from a position, this isn't something that can be undone. The person can be reappointed to the position, but that would be an original main motion, not a motion to Rescind.

 

I am assuming that the rationale that the general membership may not reverse the removal of the officer by the board (assuming the board had the authority in the first place)  is based on the principle on page 308 at lines 24-30 that expulsion from membership or removal from office may not be rescinded once the member has been notified of the action.  Is that assumption correct?

That rule may or may not be applicable (it isn't clear whether this is an officer position), but there is also the rule that if something cannot be undone, it cannot be rescinded. So long as the board does not have exclusive authority in this matter, the membership is free to reappoint this person (or order the board to do so) and apologize profusely for his removal, but it can't undo the fact that he was removed.

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Guest Wellsley

Can board officers remove an appointed shop steward after the president has given him the position? I hope I'm wording this correctly

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