Professional Chapter. Berkshire Medical Center Registered Nurse. Bylaws

Professional Chapter Of Berkshire Medical Center Registered Nurse Bylaws

TABLE OF CONTENTS ARTICLE I Name 1 ARTICLE II Objective 1 ARTICLE III Membership and Voting Body 1 PAGE ARTICLE IV Dues 1 Section 4.1 MNA Dues 1 Section 4.2 Local Dues 2 ARTICLE V Executive Board 3 Section 5.1 Areas Represented 4 Section 5.2 Rules Governing the Executive Board 4 Section 5.3 Duties of the Executive Board 5 Section 5.4 Duties of Officers 6 ARTICLE VI Recall of Officers or Executive Board 8 ARTICLE VII Nominations and Elections 8 Section 7.1 Nominations 8 Section 7.2 Methods of Elections and Voting 9 Section 7.3 Special Circumstances 10 Section 7.4 Protests and Appeals 10 ARTICLE VIII AD HOC and Standing Committees 11 Section 8.1 Standing Committee Defined 11 ARTICLE IX General Membership Meeting 12 ARTICLE X Collective Bargaining 13 ARTICLE XI Strike Vote 14 ARTILCE XII Amendments 14

1 BYLAWS Professional Chapter of BMC Registered Nurses ARTICLE I: NAME This unit shall be known as the MNA Professional Chapter of Berkshire Medical Center Registered Nurses. ARTICLE II: OBJECTIVE The objective of this unit is to improve employment conditions for all Registered Nurses at BMC and to uphold quality nursing care at BMC by bargaining with representation by the Massachusetts Nurses Association s Labor Relation Program. ARTICLE III: MEMBERSHIP AND VOTING BODY 1. Members of this unit are those Registered Professional Nurses employed by BMC as determined by the State Labor Relations Commission. 2. All members of the unit in attendance who have paid their full Association membership dues and local unit dues have the privilege of voting on all matters and elections. ARTICLE IV: DUES Section 4.1: MNA Dues 1. Annual dues shall be established by the membership of the MNA and the District Chapter. 2. Dues will be paid via weekly payroll deductions or by direct payment to the MNA. 3. Nurses paying full dues will be considered members of the Berkshire Medical Center Registered Nurses Bargaining Unit with full voting privileges. 4. Nurses may pay partial dues (Association Service Fees). These Nurses will not be able to vote on union matters or in elections, nor may they seek office on the Executive Board, nor serve on committees.

2 5. Those nurses who only pay the Association service fee are represented by the current contract and may file grievances and be represented by the union. Section 4.2: Local Dues 1. Local dues shall be established by the membership of the Berkshire Medical Center Registered Nurses Bargaining Unit and shall be paid directly to this unit. The amount of dues at this time shall be $.25 per week, and will be collected via payroll deduction. 2. The amount of local dues may be changed by a majority vote at any time during the year by a quorum of the membership at an open meeting, having been announced in advance as an agenda item. 3. These will be used for any of the following: A. Members of the Executive Board will be allotted up to $250.00 per term to be used for reimbursement of expenditures incurred during union business, i.e. long distance calls, postage and meals during sessions (exclusive of alcoholic beverages), gasoline, mileage. Expense Vouchers must be submitted before receiving monies. B. Special mailings and quarterly newsletters that will be posted to RN s to allow membership to remain apprised of all union business. C. A scholarship fund will be established to be awarded each year to an outstanding nursing student in the sum of $500.00, unless there are not sufficient funds for such. The gift will be presented in the name of Berkshire Medical Center Registered Nurses Bargaining Unit. D. The purchase of an answering machine to be used by the Chief Steward while he/she holds that office. E. To send two members to the MNA convention, who shall then report back to the local unit about the convention. F. Any other appropriate bargaining unit expense, $1250.00 or less approved by the Executive Board at a regular board meeting. G. Any appropriate bargaining unit expense over $1250.00 shall be brought to the membership for their approval.

3 4. Payment of local dues will be mandatory by all registered nurses who are associated with the MNA at the full membership level for voting purposes and holding any office. A. The Chairperson, the Co-Chairperson and the Grievance Steward shall receive a monthly stipend of $100.00 each. ARTICLE V: EXECUTIVE BOARD The Executive Board shall be the governing body of this unit. The Executive Committee shall meet at least monthly on a regularly scheduled date and time that is mutually agreed upon and known to all, with the agenda set at the previous meeting. All meetings shall be conducted by the chairman or his/her designee from the Executive Board, according to Robert s Rules of Order, Revised, and shall be governed by them in all cases to which they are applicable, and in which they are not inconsistent with the bylaws and rules of order of the MNA. A quorum for any Executive Board meeting shall consist of all committee members present and voting. The order of business shall be as follows: Call to order by Chairman Call for Recording Secretary s report Motion to amend, correct, accept Call for Treasurer s report Motion to amend, correct, accept Call for committee reports from committee Chairpersons Motion to amend, correct, accept Old Business New Business Call for Grievance Report from Grievance Steward Motion to amend, correct, accept Adjournment

4 Section 5.1: The Executive Board shall consist of members from the following areas: 1. Surgical floors, SDC and PAT 2. ICU/CCU, Crisis, Sp. Floats 3. Telemetry, Cardiac Rehab 4. OR, PACU, Crane, Nursing Intervention/Spec. Procedures, X-ray and Endoscopy 5. Psyche/McGee 6. MCH-Pediatrics 7. Medical floors, RCU 8. Specialty Units (IV, Education, Inf. Control, Case Management), NOF, Non Scheduled. 9. Rehab 10. ED and Clinics, 11. Renal Section 5.2: Rules Governing The Executive Board 1. Members from any one of the above listed areas shall fill no more than two seats. 2. Officers of the Executive Board shall be selected every year in January. The incoming Executive Board shall select officers from among themselves by secret ballot at the January committee meeting. At the next regularly scheduled open meeting for the membership the officers will be announced and the list of officers posted in all designated places. The Offices shall consist of a Chair and Co-Chairman, Recording Secretary, Corresponding Secretary, Treasurer, and Chief Steward. 3. Members of the Executive Board shall serve for two years, with the term commencing in January.

5 4. In the event that a member of the Executive Board should find it necessary to resign before the end of the term, he/she must give four weeks written notice, (except in extreme emergency), and a special election shall be conducted at the next open meeting for the vacant position. Section 5.3: Duties of The Executive Board 1. Review biannually, or as deemed necessary, the personnel policies for registered nurses in effect at BMC. 2. Receive from and make recommendations to the membership of the unit on proposed revisions to the personnel policies. 3. Accept and review grievances expressed to the grievance steward by any of the members in regard to their employment situation, and make suggestions for or assist in their solution. 4. Attend monthly Labor/Management meetings and other meetings with Administration as needed and report to the membership on these meetings. Receive proposals and recommendations on these meetings from the membership. 5. Accept and review the grievance of any nurse, which in the opinion of the Executive Board would affect his/her employment status, or that of any other nurse on staff. 6. Serve on the negotiating team during a contract year. 7. Hold quarterly open meetings to inform a general membership of current issues in the bargaining unit, generate discussion of these issues, receive recommendation from the general membership and to offer the general membership access to the committee. 8. The outgoing Executive Board shall meet with the incoming Executive Board to assure a smooth transition within one month of election. 9. If negotiations have not been completed at the time of election of the new board, the present Executive Board shall complete negotiations.

6 Section 5.4: Duties of Officers CHAIRMAN Shall: 1. Preside at all meetings of the unit and conduct any or all other business coming before this unit, according to Robert s Rules of Order, Revised. 2. Serve as an ex-officio member on all committees, standing and temporary, except Election Committee. CO-CHAIRMAN Shall: 1. Preside at all meetings in the absence of the Chairman. 2. Have the necessary materials available to unit members who wish to join the MNA. 3. Be responsible for membership recruitment. RECORDING SECRETARY Shall: 1. Attend all meetings and record minutes of said meetings, keeping a record of motions made and passed at each meeting. 2. Keep a record of the names of members comprising each committee. 3. Read the minutes of the previous meeting aloud at all business meetings. CORRESPONDING SECRETARY Shall: 1. Issue all notices of regular and special meetings by mail to all members. Such notices must include an agenda. 2. Keep a record of all mailings. 3. Send out information newsletter. 4. Keep a complete and correct record of each member of the unit with full name and address. 5. Inform all Executive Board members of all meetings within a reasonable time.

7 TREASURER Shall: 1. Be accountable for fiscal affairs of the unit and shall provide reports and interpretation of the units financial condition at each meeting. 2. Be sole custodian of all funds of the local unit. 3. Provide for an annual auditing of all records of account for Audit Committee. 4. Pay such bills only as shall have been approved by the Chairman. 5. Any appropriation for $500.00 or more will require two (2) signatures on the check, the Treasurer s plus Co-Chairman. 6. Collect all mail and parcels from the bargaining unit Post Office box. During nominations & elections the Treasurer will collect all nominations and ballots in accordance with the deadlines. Ballot envelopes will not be opened; they will be separated from outside mailings and be handed over to the nomination and elections committee. CHIEF STEWARD Shall: 1. Serve as liaison between the membership and the Executive Board for purposes of filing grievances. This person shall agree to be available to the membership via telephone. Name and phone number shall be posted on the union bulletin board outside the cafeteria. In the event that the Steward is unavailable (due to vacation, illness, etc.), it shall be the Steward s responsibility to provide continuity of coverage in his/her absence, and such name shall be posted in all above location. 2. Assist membership in interpreting the contract and in processing grievances when necessary, or delegate their processing. 3. Prepare any grievances in written form, or delegate their preparation, and submit them to the Executive Board. 4. Inform the membership of all grievances filed since the previous meeting, maintaining confidentiality in regard to names and specific units involved, and shall report on progress of grievances under discussion (i.e. Resolved, Step 1, Step 2, etc.).

8 ARTICLE VI: RECALL of OFFICERS OR EXECUTIVE BOARD Any officer or Executive Board member, who fails to carry out his /her duties as delineated in these bylaws, shall be subject to recall at the request of the membership. Absence, except when excused in advance by the Chairman, from more then two meetings within each period of twelve months from the date of assuming and elected or appointed positions, shall result in forfeiture of the right to continue to serve and shall create a vacancy to be filled. The procedure to be followed shall be: 1. A specific charge or charges must be brought, signed by the member(s) making the charge(s), at a general membership meeting. 2. The officer or board member so charged shall have the right to representation. 3. A hearing shall be held within two weeks of the charge before a five-member panel chosen from the general membership by the Chairman of the Nominations and Elections Committee. None of the panel may be co-workers of either the officer board member charged, nor fellow board members, or coworkers or the member bringing the charge. 4. A written decision shall be rendered within seven days of the hearing. 5. The officer shall have the right to appeal the decision to the state-level MNA. ARTICLE VII: NOMINATIONS AND ELECTIONS Section 7.1: The Executive Board shall appoint the Chairman of the Election Committee in October of odd-numbered years, for a two-year term of office. Announcement shall be made every October 1 st that nominations are open for upcoming elections and the nomination period will close on October 21 st. All nominations must be postmarked by October 21 to be placed on the ballot. Nominations may be hand delivered to a member of the Executive Board or to a member of the Election Committee. If any seat is not represented by a nominee from that area, that slot shall be open to the general membership for a period of seven days before nominations close. The successful candidate for said slot shall represent that area and is responsible for all communications from the Executive Board to that area.

9 The Nomination Committee shall prepare a ballot during November of each year. Written consent must be obtained from each nominated member seeking office to assure willingness to serve. All officers will consist of a two-year term. The areas to be represented, as in Section 5.1, have been divided into two groups, designated either even year or odd year. Elections each year will alternate between the two groups. The following board members shall be elected in the odd numbered years: Surgical floors, SDC, and PAT MCH and PEDI REHAP The Specialty Units (IV/Education/Infection Control/Case Management), NOF and Non-scheduled Emergency Department, Family Health and Clinics The following Executive Board members will be elected in the even numbered years: Renal ICU/CCU, Crisis, and Sp. Floats Medical floors, RCU Telemetry and Cardiac Rehabilitation Psych/McGee Hillcrest Hospital Campus Section 7.2: Methods of Election and Voting Two different methods may be used in elections and voting as detailed below: 1. Traditional Election and Voting An updated union membership mailing list will be submitted to the nominating committee in November of each year. Candidate resume information and ballots will be mailed to each member in November, at least one month before Election

10 Day. Notice of the Election Day and the slate of candidates will be posted on Hospital grounds at least one month prior to elections. The secret ballot, unsigned, will be sealed by the voting member in an envelop marked BALLOT. This envelope will be placed within another sealed envelope bearing the signature of the voter, for purposes of verifying voting eligibility. Ballots received after the deadline will not be counted in the election results, and will be held in the original postmarked envelop, unopened, as proof of tardiness. There shall be no write-in candidates. All nomination and election records including minutes of the nominating meeting shall be preserved for a period of at least one year. 2. Recording Secretary Vote If the ballot reflects the same number (or a smaller number) of candidates as vacant positions to be filled, there will not be an election and the Recording Secretary shall vote to accept or reject the slate of nominations. Section 7.3: Special Circumstances 1. In the event of a tie vote, a special open meeting will be held for the purpose of voting on those candidates involved in the toe. Notice of this election will be posted at least two weeks prior to it being held. 2. Should any member be unable to attend a special open meeting for an election, they may request an absentee from the Corresponding Secretary. It will be the individual members responsibility of notifying the Corresponding Secretary of the need for an absentee ballot at least one week in advance of the proposed election. The ballot must be returned to the Corresponding Secretary by the actual day of the election to be counted. 3. If a nominee that is elected declines the office, the office shall devolve to the next highest vote getter. 4. If there is only one candidate for an area and that candidate declines the office after being elected, a special meeting shall be held and the seat shall be open to the general membership in keeping with Article V, section 2. Section 7.4: Protests and Appeals Protests or appeals regarding candidates, ballots or election conduct validity must be filed with the nominating committee within 48 hours of the election. All challenged ballots will be set aside pending a validity ruling by the committee. The ruling must be presented within seven days and will be binding.

11 ARTICLE VIII: AD HOC and STANDING COMMITTEES Committees shall be comprised of full dues paying members of this unit and shall assume such duties as specified in these rules. Any BMC RN in good standing may request that his/her name must be considered for appointment. Committee chairman shall be appointed by the newly elected chairman of the Executive Board. The designated committee chairman will in turn select the remainder of his/her committee. Terms will be two years, and members may serve a maximum of three consecutive terms. 1. There shall be the following standing committees: a. Nominations & Election 2. Ad Hoc committees will be constituted as needed; to be determined by the Executive Board. 3. Members may serve on more than one committee, but may chair only one. 4. The Chairperson(s) of these committees shall report at least quarterly to the Executive Board. Section 8.1: Standing Committee Defined A. Nominations & Elections Committee 1. This committee shall consist of five members selected from five different areas of the Hospital. 2. Members of this committee will serve two years and may serve a maximum of three consecutive terms. 3. The term of this committee will continue in October of each odd year. 4. No member of this committee may be presently on the Executive Board nor seeking office in the upcoming election. 5. The duties of this committee will be as follows: a. Set a deadline for nominations and elections. b. Prepare a slate of candidates, confirm their willingness to serve in writing, and verify their eligibility as full members.

12 c. Prepare a ballot listing the slate of candidates (including biographical information) to be on site and mailed to all eligible members of the bargaining unit at least one month before the election deadline date. The time and place for the counting of the ballots will be predetermined by the committee and be included in the mailing. d. Collect sealed ballots from the Treasurer of the Executive Committee. Committee members will verify the eligibility of the voter by using the signature on the outside envelope. The committee will open and count the ballots at the predetermined time and place, and announce the results to the membership at the ballot meeting. e. In the event that there are no contests on the ballot, the Recording Secretary of the executive Committee shall cast one vote for the entire slate, and the nominated members shall be considered duly elected in accordance with Article 7.2. 6. Post results of the election on site within 24 hours of ballot tabulation in designated areas. 7. Handle all protests and appeals brought before the committee concerning nominations and/or elections. 8. Submit report of committee proceedings and results of balloting to the Executive Board after the election and relay the same information at the next regularly scheduled membership meeting. 9. Submit vouchers to the Treasurer for any expenses incurred during the course of the elections. 10. The Chairman of the Elections and nominations committee shall select the five-member panel for hearings concerning the recall of officers or entire board, in accordance with Article VI, No.3. ARTICLE IX: GENERAL MEMBERSHIP MEETING 1. There shall be a quarterly meeting open to the entire membership, with additional meetings scheduled when deemed necessary.

13 2. Notice of quarterly meetings shall be posted two weeks in advance with agenda listed on notice. Notices will be posted in all designated areas and on the union bulletin board by the cafeteria. All meetings will follow the same agenda exactly should there be multiple meetings times or dates. 3. Notices for emergency meetings shall follow the same format, but the two week advance notice shall not apply in emergencies. 4. All meetings shall be conducted by the chairman or his/her designee from the Executive Board, according to Robert s Rules of Order, Revised and shall be governed by them in all cases to which they are applicable, and in which they are not inconsistent with the bylaws and rules of order of the MNA. 5. The Order of Business followed at all open meetings will be consistent with the Order of Business for the Executive Board outlined in Article V. 6. Voting at meetings shall be by secret ballot. Members must show proof of membership; either a pay stub or current membership card, to vote on issues at open meetings. Voting may be by show of hands if it is unanimously agreed on beforehand. Majority rules except where specifically outlined otherwise in these bylaws. 7. Special meetings may be by the chairman; with no less than 48 hours notice. 8. A quorum for any open meeting shall consist of all members present and voting. ARTICLE X: COLLECTIVE BARGAINING 1. Bargaining Unit members will be surveyed regarding their issues. These surveys will be used to develop proposals for contract negotiations. 2. Voting on the collective bargaining agreement shall be by ballot without exception. 3. All members must show proof of membership (pay stub or membership card), before being issued a ballot. 4. The vote shall be to accept or reject the contract as presented, and shall have no conditions, options or contingencies attached. 5. Absentee ballots shall be provided upon request for voting on the contract in accordance with the rules outlined in section 7.3(2).

14 ARTICLE XI: STRIKE VOTE A strike vote must be at least 75% of the membership in good standing voting by secret ballot. ARTICLE XII: AMENDMENTS These bylaws may be amended by a two-thirds vote at any general meeting, provided that the membership has been notified by poster that the bylaws are an agenda item for at least two weeks previous to the meeting. The effective date of these bylaws shall be September 23, 1998. Revised: April 12, 1999 Revised: September 24, 2003 Revised: March 15, 2006