Article I
Purpose
The National Public Employer Labor Relations Association,
hereinafter designated NPELRA or Association, is formed to provide, on behalf
of management, the highest standard of excellence in assisting and
representing state, county, municipal
educational, federal, and other governmental jurisdictions in the area of labor
relations. In order to implement its
purpose, the NPELRA goals shall include, among other things:
A. Disseminate and
exchange information, data, and analysis of policy pertaining to all areas of
labor relations, including collective bargaining, in which governmental
jurisdictions and public management may become involved.
B. Foster
communication and cooperation among members to promote sound public policies,
practices, and legislation.
C. Promote
innovative solutions to practical problems in public sector labor management
relations.
D. Provide a voice
for public sector management and labor relations professionals in the
development of state and national policy affecting personnel and labor
relations.
E. Provide
professional support to public sector labor relations practitioners in
resolving problems within their jurisdiction.
F. Provide training
and continuing education opportunities in employee/employer labor relations.
Article II
Offices
Section 1. The national office shall be in Washington, D.C.
Section 2. The Association may also have offices at such
other places outside of the Washington D.C. area as the Board of Directors may
from time to time determine or the business of the Association may require.
Section 3. Meeting of the Association involving official
business shall be conducted in accordance with the latest revised edition of
Robert’s Rules of Order.
Article III
Membership
Section 1. There will be six (6) association membership
categories: Active Membership, Associate Membership, Affiliate Membership,
Charter Membership, Student Membership and Honorary Membership.
A. Active Membership: Active membership shall be open
to any person employed on a full-time basis by a federal, state, county or
municipal government, or agency or department thereof, or public corporation or
authority, or a public school system, who is assigned responsibility for that
jurisdiction’s agency’s or department’s employee or labor relations activity
exclusively on behalf of management.
Active members shall have full voting privileges.
B. Associate Membership: Associate Membership shall
be open to any person employed by a federal, state, county or municipal
government, or agency or department thereof, or public corporation or authority,
or a public school system, with at least one active member,
who has, on behalf of that jurisdiction, agency or department, support function
or responsibility in employee or labor
relations activity, or to any staff member of a government league or
association who is responsible for providing management employee relations
services to such organization. Any person engaged in labor relations activity,
public or private, other than exclusively on behalf of management shall not
qualify for Associate membership. Upon
approval of the Membership Committee and the Board of Directors, Associate
Membership may be granted to such other individuals in positions that
exclusively support management in public labor relations as deemed consistent
with the purpose of the Association.
Such persons shall function only on behalf of management in
any labor relations activity in which they participate. Associate members shall have full voting privileges.
C. Affiliate Membership: Affiliate Membership shall
be open to attorneys and consultants who are not employees of a public employer
but who represent and actively work for the interests of public management and
who solely represent and support the interest of management in labor relations
matters. Affiliate members shall have
full voting privileges.
D. Charter Membership: Charter Membership shall include the following list of
individuals who shall be entitled to the same rights (including the right to
vote), privileges and obligations as
Active members in accordance with these By-Laws: James K. Anderson; James
Baird; A.A. Bigge; Robert L. Bruce; Allan W. Davis; Allan W. Drachman; Robert
W. Formhals; Joel J. Gay; Edward J. Gusty; Edward Gutman; John Hanson; Delbert
R. Heidrich; William L. Holcomb; Rol Jeske; Robert D. Krause; Frank D. LeSueur;
Al Leggat; Dean R. Mielke; James Mortier; Eugene V. Nelson; Gordon T. Nesvig;
Charles B. Ott; Ross S. Ritto; Anthony C. Russo; Kenneth Vinstra; Roy Wesley;
Donald Weinberg.
A Charter member may remain as a member of NPELRA upon
changing position unless the new position places the member in an advocacy or
interest role which is inconsistent with, or contrary to, the purposes of the
organization as stated in its By-Laws.
E. Student Membership: Membership in the Association
may be open to upper level or graduate students who are in a Human Resources or
Industrial Relations Program or related field at an accredited college or
university. Student member shall have
no voting privileges.
F. Honorary Membership: In recognition of outstanding effort, service to and support of
the Association, Honorary Membership may be granted to : 1) Past Presidents
upon complete retirement from the employee and labor relations business or 2)
by a unanimous vote of the Board of Directors to any person who has
demonstrably enhanced the form and/or function of NPELRA as long as that person
in not actively involved in the employee and labor relations business. Honorary members shall not be
required to pay dues but shall have all other privileges of membership in the
Association except the right to vote.
G. Transfer of Membership: An Active member assuming
a new position which would not otherwise qualify for Active membership rights
in accordance with these By-Laws shall lose Active membership but may remain an
Associate member unless the new position places the member in an advocacy or
interest role which is inconsistent with, or contrary to, the purposes of the
organization as stated in these By-Laws.
No membership shall be transferable except that Charter and Honorary
members shall possess all rights and privileges of Active members, providing they
are not otherwise in conflict with the membership requirements of these
By-Laws. Members changing position may retain membership, as an
Associate member, for a reasonable period of time so long as the member is
seeking a position which would allow the member to retain NPELRA membership and
assuming all other obligations of membership are met.
Section 2. Selection For Membership. Application for
membership shall include a certification in writing that such person qualifies
under the conditions for membership specified herein. Eligibility for membership or continuation of membership shall be
determined by action of the Membership and By-Laws Committee or its
designees. Approval for membership by
the Membership and By-Laws Committee shall be final except that the Board of
Directors may, by a two-thirds vote, modify the decision of the Membership and
By-Laws Committee.
Article IV
Voting
Each Active, Associate, and Affiliate Member
shall be entitled to one vote on every question put before the annual conference
or special meeting of the general membership. Proxy voting shall not be
allowed. Absentee voting shall be
permitted. Members desiring to vote by absentee ballot shall request an
absentee ballot from the Secretary-Treasurer at least fifteen (15) days in
advance of the annual conference or special meeting. Such ballot shall be returned to the Secretary-Treasurer no later
than the opening day of the conference or special meeting.
Article V
Officers
Section 1. The Officers of the Association shall consist of
a President, Executive Vice President, two Vice-Presidents, and
Secretary-Treasurer, all of whom shall be Active or Charter Members. All officers shall be elected by a majority
of the votes cast at the Association’s annual conference. Thereafter, all officers except the
President shall be elected by a majority of the votes cast at the Association’s
annual conference. They shall hold
office until their successors are elected.
Section 2. The President shall preside at all conferences,
special meetings and Board of Directors meetings which the President attends
and shall be responsible for the general supervision of the business of the
Association. The President shall assign
responsibilities for committee leadership to appropriate officers or Active or
Charter Members.
Section 3. The President’s term of office shall expire upon
completion of the annual election of officers.
Section 4. The Executive Vice President shall consult with,
counsel and advise the President and in the absence, disability or retirement
of the President, shall carry out the President’s duties.
Section 5. The Executive Vice President shall succeed to the
presidency upon the termination of the President’s term of office.
Section 6. The Vice-Presidents shall also consult with,
counsel and advise the President. The President shall, within five days of
taking office, designate an order of succession for the Vice-Presidents in the
event that a disability should affect the President and/or Executive
Vice-President.
Section 7. The Secretary-Treasurer shall be responsible for
the retention of all records of the Association and shall serve as Secretary to
the Officers and the Board of Directors. The Secretary-Treasurer shall also be responsible for maintaining
the financial records of the Association and shall prepare reports and retain
records as directed by the Board of Directors.
The Secretary-Treasurer shall also give, or cause to be
given, notice of all meetings of the General Membership and also special
meetings of the Board of Directors and shall perform such other duties as may
be prescribed by the Board of Directors or the President. The Secretary-Treasurer shall have custody
of the corporate seal of the corporation and/or any person duly
designated, shall have authority to affix the same to any instrument requiring
it and when so affixed, it may be attested by
the Secretary-Treasurer’s signature or by the signature of the designee.
The Board of Directors may give general authority to any other officer to affix
the seal of the corporation and to attest the affixing by said officer’s signature.
The Secretary-Treasurer shall also have custody of funds and power to
make disbursements and endorse checks as directed by the Board of Directors.
Article VI
Board of Directors
Section 1. The Board of Directors shall consist of the
President, Executive Vice-President, two Vice-Presidents, Secretary-Treasurer,
Immediate Past President and six (6) voting members who have been elected to
serve At-Large on the Board of Directors,
of whom no more than two can be from the Affiliate Membership category.
Section 2. Officers
elected pursuant to Article V, Section 1 of these By-Laws shall be deemed to
have also been elected as Directors of the Association.
Section 3. The six(6) At-Large members of the Board Of
Directors shall serve for staggered three (3) year terms.
Section 4. An At-Large member of the Board of Directors must
be an Active, Charter, Associate or Affiliate member of the Association.
Section 5. The
President shall fill any vacancy on the Board of Directors, such appointee to
serve the unexpired term of the predecessor.
Section 6. Although the power to establish Association
policy shall remain in the hands of the voting membership, the Board of
Directors shall manage the affairs of the Association in accordance with these
By-Laws and any additional policy established by a majority vote of the voting
membership in the Association at the annual conference or any special
meeting. Interim policy decisions
arising between annual conferences may be made by the Board of Directors in the
name of the Association with such policy subject to revision at the next annual
conference of the Association.
Article VII
Dues
Active, Associate, Affiliate and Student Membership Dues shall be
established by the Board of Directors. The Board of Directors may also
establish affiliation agreements
involving dues structures. The annual dues may be changed by the Board of
Directors.
Article VIII
Conferences and Meetings
Section 1. There shall be at least one (1) conference of all
members of the Association in each calendar year to be held at such time and
place as shall be determined by the Board of Directors.
Section 2. All members of the Association shall be given no
less than twenty-five (25) days’ notice of a conference of all members of the
Association.
Section 3. There shall be an annual meeting of the Board of
Directors immediately preceding or immediately following the annual conference
of all members of the Association.
Additional meetings of the Board may be held at the call of the
President or a majority of the Board of Directors. Members of the Board of Directors shall be given no less than
seven (7) days’ notice of a meeting of that body and such notice shall include
the general nature of the business to be conducted. Such notice maybe waived in writing before or after a meeting of
the Board.
Section 4. Special meetings of the general membership may be
called by the President or the Board of Directors at any time. Special meetings may also be called when
forty percent (40%) of the voting members indicate a
desire to have a meeting, such notice to include the general nature of the
business to be conducted.
Section 5. Notices of all meetings of the Membership or
Board of Directors shall be deemed given if mailed within the time limits
provided by these By-Laws.
Section 6. A majority of the Board of Directors shall
constitute a quorum of that body. If at
any meeting of the Board of Directors there is less than a quorum, any member
present may adjourn the meeting. Any
action of the Board of Directors may be taken without a meeting if a consent in
writing, setting forth the action taken, is signed by all members of the Board
of Directors entitled to vote with respect to the subject matter thereof.
Article IX
Committees
The President, with the approval of the Board of Directors,
shall appoint such committees as the President may deem appropriate to
implement these By-Laws and carry on the business of the Association. Committees may additionally be appointed in
accordance with resolutions adopted by the members at the annual conference.
Article X
Nominations and Elections
Section 1. The President shall appoint a Nominating
Committee consisting of five (5) voting members. To the extent the President deems advisable, Nominating Committee
members shall represent various geographical regions of the country. Three (3) members of the Nominating
Committee must be Active members. The
President shall appoint the Nominating Committee no less than sixty (60) days prior to the annual
conference and shall notify the entire membership of the names of those on the
Nominating Committee. This Committee
shall receive and prepare nominations for any elected position and present such
nominations by the opening day of the conference. In preparing the nominations, the Committee shall consider, among
other factors, the geographical location and the type of agency represented by
the nominee in an attempt to achieve a similar distribution of these factors on
the Board as exists in the membership.
Additional nominations for any elected position may be made from the
floor, provided that the written consent of the individual to be nominated is
obtained.
Section 2. Because the Executive Vice-President succeeds to
the office of President, the Nominating Committee shall nominate candidates for
the following offices: Executive Vice-President, two (2) Vice Presidents,
Secretary-Treasurer and the appropriate number of At-Large members of the Board
of Directors.
Section 3. If any member of the Board of Directors of the
Association, including the Executive Vice President, changes position to a
position which would not otherwise qualify for being an Officer or an At-Large
member in accordance with these By-Laws but which would qualify for membership
in the Association, said individual may continue as a member of the Board of
Directors of the Association only until the next meeting of the Association or
until re-elected as a member of the Board of Directors. When a member of the Board of Directors
accepts a new position which would not qualify him for membership in the
Association, said individual shall cease to be a member of the Board of
Directors of the Association and the President shall appoint a successor to
serve the unexpired term until the next annual meeting of the Association.
Article XI
Amendment
Any provision of these By-Laws may be amended by a majority
of votes cast thereon at an annual conference meeting or special meeting of the
Association. Any provision of these
By-Laws except those of Article IV - Voting may also be amended by unanimous
vote of the Board of Directors. Any
proposed amendment to these By-Laws or a reasonable facsimile thereof shall be
submitted in writing to the President of the Association at least thirty (30)
days prior to the annual conference or special meeting and mailed to all voting
members at least twenty (20) days prior to the opening day of the conference or
meeting. Such requirements of
submission and mailing may be waived before or after the conference or special
meeting by written approval of seventy-five (75%) of the voting membership.
Article XII
Affiliation
Section 1. State or regional public employer labor relations
organizations who have goals consistent with NPELRA’s may, upon a majority vote
of the Board of Directors, affiliate with NPELRA. Where state or regional
public employer organizations are not now in existence, or where existing state
or regional chapters wish to establish more formal ties with NPELRA, the Board
of Directors is authorized to organize chapters of NPELRA in cooperation with
eligible members of the state or region.
Section 2. State or regional level public employer labor
relations organizations may affiliate with NPELRA under the following criteria
and rules:
A. Each state or
regional public employer organization must submit a copy of its By-Laws and
membership list to the Board of Directors of NPELRA when applying for
affiliation;
B. State or regional
public employer organizations shall be
officially recognized as the primary public
sector labor relations organization for their respective states or areas,
however, states that wish to create their own State PELRA organizations
and affiliations with NPELRA shall not be prohibited from doing so by any
regional organization;
C. NPELRA
affiliation may be severed by a majority Vote of the Board of Directors
following appropriate notification to the affiliated state or regional public
employer organization.
