motions & Votes

[Guest mike_murphy]

Can a motion be brought to the general assembly (i.e. amending an existing collective bargaining agreement) without a formal motion or a second? Also, can a ballot vote be done without the general assembly's consent for an amendment? Last, can the executive board allow ballot voting before debate has even started?

thanks

[hmtcastle]

Can a motion be brought . . . without a formal motion or a second?

No. You can't make a motion without making a motion.

Also, can a ballot vote be done without the general assembly's consent for an amendment?

A majority can order a vote by ballot.

Last, can the executive board allow ballot voting before debate has even started?

Assuming this is at a meeting of the executive board, the assembly to free to close debate and vote in whatever manner they choose.

[Trina]

Can a motion be brought to the general assembly (i.e. amending an existing collective bargaining agreement) without a formal motion or a second? Also, can a ballot vote be done without the general assembly's consent for an amendment? Last, can the executive board allow ballot voting before debate has even started?

thanks

If all this activity is happening at a meeting of the general membership (which is what it sounds like), the executive board has no business trying to run the show. In fact, there is no 'board' at a general membership meeting. Closing debate and going to a vote is a decision for the assembly; the board cannot dictate in advance that a vote will be taken without debate.

The form of the vote, unless prescribed to be a ballot vote in the bylaws, is decided by the assembly, not decided in advance by someone else.

As for the formal motion, who is proposing the amendment? Are there notice requirements for such amendments (in your bylaws or other rules)? If so, was notice given?

Note also that, according to RONR, amending something previously adopted (which appears to be what you are describing) takes a higher voting threshhold than adopting the motion in the first place -- ASPA takes two-thirds vote without notice OR majority vote with notice OR majority vote of the entire membership. This was not part of the question you were asking, but it might be relevant information in this situation.