Bylaws

[Guest Phil B]

Is it possible for a union to ignore or bypass a bylaw during an assembly? If the floor votes against respecting a bylaw on a specific matter is it valid?

 

Thank you

[George Mervosh]

On 1/29/2024 at 7:59 AM, Guest Phil B said:

Is it possible for a union to ignore or bypass a bylaw during an assembly? If the floor votes against respecting a bylaw on a specific matter is it valid?

 

Thank you

Some rules in the bylaws (but not many) may be suspended.  Can you specifically tell us what rule or rules they wish to suspend (bypass as you put it)?

[Josh Martin]

On 1/29/2024 at 6:59 AM, Guest Phil B said:

Is it possible for a union to ignore or bypass a bylaw during an assembly? If the floor votes against respecting a bylaw on a specific matter is it valid?

It's not possible to say without knowing what the rule in question is regarding.

"Rules contained in the bylaws (or constitution) cannot be suspended—no matter how large the vote in favor of doing so or how inconvenient the rule in question may be—unless the particular rule specifically provides for its own suspension, or unless the rule properly is in the nature of a rule of order as described in 2:14. However, a rule in the bylaws requiring that a vote—such as, for example, on the election of officers—be taken by (secret) ballot cannot be suspended so as to violate the secrecy of the members' votes unless the bylaws so provide (see also Voting by Ballot, 45:18–24). Nothing in a corporate charter can be suspended unless the charter or applicable law so provides." RONR (12th ed.) 25:7