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Amendment #2

AMENDMENT NUMBER #2 [SUBSTITUTE AMENDMENT]:
ARTICLE XVII – JUDICIAL PROCEEDURE
and
AND ARTICLE XIX – RESIGNATION FROM MEMBERSHIP

AMEND SECTION 1702, add new section “N”:

1 The following and no other shall constitute the basis for filing charges:

2 A. Violation of any provision of this Constitution or of any officially adopted and approved

3 constitution of an Affiliate or Chapter to which the member being accused is subject.
4 B. Misappropriation, embezzlement, or improper use of union funds.
5 C. Any action by any officer or chapter representative which results in the expenditure of
6 money which is the property of any affiliate or chapter or of the State Association without
7 proper authorization from the body which is the owner of such funds.
8 D. Acting in collusion with management to the detriment or the welfare of the union or its

9 membership.

10 E. Any activity which assists or is intended to assist a competing organization within the

11 jurisdiction of the union.

12 F. Refusal or deliberate failure to carry out legal authorized decisions of the State Convention,

13 the President, the Executive Council, the Board of Directors, an Affiliate/Chapter or State

14 Judicial Panel, or of the executive board of the affiliate or chapter which the accused is a

15 part of.

16 G. Willful violation of a legally negotiated and approved collective bargaining agreement.

17 H. Using the name of the State Association or an Affiliate or Chapter in an unauthorized

18 manner for an unauthorized purpose.

19 I. Obtaining membership through fraud or misrepresentation.

20 J. Deliberately interfering with any officer of the State Association or Affiliate Officer or

21 Chapter Representative in the performance of such official’s lawful duties.

22 K. The solicitation or acceptance of a bribe or the acceptance of any gift of more than nominal

23 value from any employer, member group of members, or employee of the union, or from

24 any person or firm which has or is seeking to establish a business relationship with the

25 State Association or any Affiliate or Chapter.

26 L. Conviction of a crime, the nature of which is such as to bring the union as an organization

27 into disrepute.

28 M. Knowingly submitting a false per capita tax or other financial or audit report to the State

29 Association or any Affiliate or Chapter knowingly and intentionally making any false

30 financial report or statement to any lawfully constituted body at any level of the union.

31 N. Engaging in strikebreaking during a strike authorized by the State Association or an

32 Affiliate/Chapter.

 

AMEND SECTION 1714
33 Decisions and penalties imposed upon individual members, Affiliate Officers, or elected
34 Chapter Representatives found guilty of charges by the Affiliate/Chapter Judicial Panel or State
35 Judicial Panel may consist of financial penalties, reprimands, suspensions, expulsions,
36 revocations, denial to hold any office permanently or for fixed period, or commands to do or
37 perform or refrain from doing or performing specified acts.

AMEND SECTION 1903

38 It is recognized that the effectiveness of State Associations’ activity in the context of a labor dispute

39 is derived from unity, solidarity, and the mutual reliance by all of the members in the undertaking

40 of each other to abide by a majority strike vote, as determined by the Affiliate or Chapter

41 membership. Members who undermine an authorized strike may be subject to charges before

42 the Judicial Panel and may no longer be a member in good standing if the charges are

43 substantiated.

 

SUBMITTED BY:
Tynikko Snyder, RN, Affiliate Coordinator and Delegate
Brenda Averill, RN, Treasurer and Delegate
Kaiser South Bay Health Care Professionals Association (KSBHPA)

Intent and Rationale:
The authors of the Amendment submitted the following rationale and the intent of the proposed change:

  • The strength of collective bargaining depends upon the solidarity of the membership.
  • An authorized strike is among the most important collective bargaining rights exercised by the membership.
  • Members who knowingly cross an authorized picket line or perform struck work weaken the bargaining position of every represented employee and undermine the democratic decisions of the membership.
  • The Constitution presently establishes procedures for disciplining members but does not expressly identify strikebreaking as a constitutional offense.
  • The disciplinary measures proposed in this Article are intended to:
    • Preserve member solidarity;
    • Protect collective bargaining;
    • Encourage compliance with democratically authorized strike action;
    • Offset organizational harm caused by strikebreaking;
    • Support future strike activity.
  • The financial assessment is intended to further legitimate organizational interests and is not intended as arbitrary punishment.

 

EXECUTIVE COUNCIL RECOMMENDATION: ADOPTION

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