Assn Bylaws & Constitution Q's

[gramercy]

What is the name of your state (only U.S. law)? Oregon

With regard to private sector union law:
Can an association's executive board place new language in the bylaws and constution it deems appropriate, and if voted in by the membership, it must be accepted regardless of whether or not it may be unethical or illegal?

i.e.
New Article - Internal Discipline
1. Any member violating a directive of the Executive Committee and/or majority vote of the membership may be subject to internal discipline.
2. All internal disciplinary matters will be adjudicated by the Executive Committee using current NNN guidelines for a full and fair hearing.
3. Except for non-payment of dues, no member shall be fined, suspended, expelled or otherwise disciplined without being served with written charges and given a reasonable time in which to prepare a defense which may be asserted at a full and fair hearing.

My point of contention was that the executive committee not only writes the charges, but also holds the hearing and doles out the discipline. The accuser is also the judge and jury.

Are my concerns legitimate?

Thank you for any input.

[Erudition]

I don't know how your union works, but most of the time your EBoard is a seperate group than your "trial committee". Also, you normally have one person who "files charges" like an organizer or BA who witnesses the violation.

Also, somewhere in your bylaws there is a way you can contest any fines or dicision(s) that the "trial committee" make with your International Union but be very careful because I've seen some of those be rejected due to untimelyness or failure to send them certified mail as required.

If you feel that the ruling was unfair due to impartiality - the same people on both boards/committees, you can write a letter to your International and state that. Someone will review that and perhaps reduce your fines. Most of the time, if this is a first offense, and you follow the proper procedure they will be on the members side.

Request the materials you need to make sure you are doing the things you need to in advance.

Sorry, I re-read the original post...
I would contact your International and ask if the Local can change the bylaws without being approved by them. Some changes are denied by Internationals for various reasons not limited to contradicting the International bylaws.

[gramercy]

Thank you for the information - I'll check into it!