NEW YORK PROFESSIONAL NURSES UNION

ARTICLE I
NAME

The name of this organization shall be the NEW YORK PROFESSIONAL NURSES UNION (hereinafter, referred to as the "NYPNU").

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ARTICLE II
PURPOSE

The NYPNU is organized to foster the general welfare of its members and will exist for the purpose of dealing with employees concerning wages, rates of pay, hours and scheduling of employment, working conditions, grievances and labor disputes. The NYPNU shall also be concerned with maintaining and improving the professional standards of health care delivery.

ARTICLE III
MEMBERSHIP

Section 1: Any person employed as a Registered Nurse by Lenox Hill Hospital (LHH) in a non-supervisory position shall be eligible for membership in NYPNU.

Section 2: The membership year shall be a period of twelve (12) months.

Section 3: The membership shall meet annually to conduct all business as may be required by this Constitution and to conduct any other business not contrary to this Constitution that the membership may deem appropriate.

Section 4: A membership meeting may also be called by the Executive Board or upon petition of twenty (20%) percent of the membership. A membership meeting shall be called by the Executive Board within thirty (30) days of the presentation of such a petition to the President or Secretary.

Section 5: A quorum of the membership shall be twenty (20%) percent thereof.

Section 6:Collective bargaining agreements shall be ratified by the membership.

Section 7: A recommendation of the Executive Board to affiliate with any other organization shall be voted upon by the membership.

ARTICLE IV
OFFICERS

Section 1: The officers of the NYPNU shall be President, Vice-President, Secretary and Treasurer.

Section 2: The President shall preside at all regular and special meetings of the membership of NYPNU and shall preside at all meetings of the Executive Board and of the Delegate Assembly. The President shall be an ex-officio member of all committees. The President shall hold no other office in NYPNU while serving as President.

Section 3: In the absence of the President, the Vice-President shall assume the duties of the President. She or he shall also assume other duties as assigned by the Executive Board or the President. The Vice-President shall hold no other office in NYPNU while serving as Vice-President.

Section 4: The Secretary shall record all minutes of every meeting, handle all necessary correspondence and notify all NYPNU members of the time and place of membership meetings of NYPNU.

Section 5: The Treasurer shall receive and take charge of all money, property and securities of NYPNU. The Treasurer shall invest a surplus of funds of NYPNU as directed by the Executive Board. The Treasurer shall report regularly on the financial condition of the NYPNU to the Executive Board and shall have the financial records of the NYPNU audited annually. The Treasurer may assign, with approval of the Executive Board, any of the above duties and responsibilities to a qualified person.

ARTICLE V
EXECUTIVE BOARD

Section 1: There shall be an Executive Board consisting of the officers of NYPNU plus seven (7) executive board members.

Section 2: A quorum of the Executive Board shall be six (6) members.

Section 3: The Executive Board shall meet quarterly and on the call of the President. The Executive Board shall also meet upon petition of six (6) members of the Executive Board. A meeting shall be called by the President and held within ten (10) days of presentation of such a petition.

Section 4: TThe Executive Board shall be the governing body of NYPNU between meetings of the membership. The Executive Board shall be empowered to take all actions on behalf of NYPNU except as specifically assigned to other bodies or individuals in this Constitution.

Section 5: The Executive Board shall appoint an Executive Director who shall serve under its direction and control and shall have the following duties and responsibilities:

A. to appoint and hire a staff necessary to carry out the objectives of NYPNU;

B. to provide the maintenance of an office and for making this office the center of all activities of NYPNU including such work of the Executive Board and of NYPNU as may be deemed appropriate;

C. to provide for the payment of legitimate expenses;

D. to be responsible for the Labor Relations activities of NYPNU and in all matters incident thereto;

E. to attend membership, Executive Board and Delegate Assembly meetings and provide reasonable reports on the operations of NYPNU;

Section 6: The Executive Board shall establish the salary and expenses of the Executive Director and shall approve the salaries and expenses of the staff hired by the Executive Director.

Section 7: The Executive Board shall prudently invest the surplus funds of NYPNU.

Section 8: The Executive Board may appoint any special committee it deems appropriate. The following committees with specified function shall be established:

A. There shall be a nominating committee of four (4) members who shall be appointed by the Executive Board. The committee shall elect by majority vote a chairperson from among its members. The committee shall accept nominations for officers, executive board members and delegates as set forth in Article VIII, Section 1, of this Constitution.

B. There shall be a committee on amendments to the Constitution which shall consist of three (3) members appointed by the Executive Board who shall elect by majority vote a chairperson from among its members. This committee shall suggest and receive all proposed action thereon to the Executive Board. Such proposed amendments shall be submitted for action to a membership meeting in accordance with the provisions for amendments to the Constitution.

Section 9: The Executive Board shall approve a budget for NYPNU to cover the following fiscal year. Any changes in, or additions to, the budget must be approved by the Executive Board. The Executive Board shall have an annual audit conducted by a certified public accountant.

Section 10: The Executive Board may recommend affiliation with another organization together with the terms and conditions of such affiliation to the membership. Such recommendation shall be voted upon by the membership and shall become effective only upon the approval of the membership.

ARTICLE VI
DELEGATE ASSEMBLY

Section 1: There shall be a Delegate Assembly consisting of the Executive Board plus eighteen (18) delegates.

Section 2: A quorum of the Delegate Assembly shall be sixty (60%) percent of the then current membership of the Delegate Assembly.

Section 3: The Delegate Assembly shall meet on the call of the President and upon petition of thirteen (13) members of the Delegate Assembly. A meeting shall be called by the President and held within ten (10) days of the presentation of such a petition.

Section 4: The Delegate Assembly shall determine, by majority vote, whether a grievance shall be pursued to arbitration.

Section 5: The Delegate Assembly shall fill all vacancies, except a vacancy in the office of President, pursuant to Article VIII, Section 7, of this Constitution.

Section 6: The Delegate Assembly shall consider and determine all appeals pursuant to Article XI, Section 8, of this Constitution.

Section 7: The Delegate Assembly shall consider and determine all challenges to the conduct of any election held pursuant to Article VIII, of this Constitution.

ARTICLE VII
EXECUTIVE COMMITTEE

There shall be an Executive Committee composed of the President, Vice-President, Secretary and Treasurer. This committee shall have all the powers of the Executive Board to transact business of an emergency nature between Executive Board Meetings. All transactions of this committee shall be reported in full at the next regularly scheduled meeting of the Executive Board.

ARTICLE VIII
ELECTIONS

Section 1: The officers, executive board members and delegates shall be elected at the annual meeting of the membership every three (3) years. Notice of election and nomination shall be mailed to every member at his/her last known home address no less than 15 days prior to the election. The notice will specify the date, time and place of the election, the offices to be filled and the nominating/petitioning process.

Section 2: To be nominated for officer, a candidate must submit a petition signed by ten (10%) percent of the members to the nominating committee no later than ten (10) days prior to the annual meeting. To be nominated for executive board member or delegate, a candidate must submit a petition signed by five (5%) percent of the members to the nominating committee no later than ten (10) days prior to the annual meeting. Every candidate shall have the right, once within 30 days prior to an election, to inspect a membership list, which shall include the last known address of all members. The Union will comply with all reasonable requests by candidates to distribute campaign literature by mail or otherwise at the candidate's expense. No Union funds or resources shall be used to promote any candidate.

Section 3: If no candidates are nominated by petition for an office, or if less than seven (7) candidates for executive board member or eighteen (18) candidates for delegate are nominated, nominations for these positions may be made from the floor of the annual meeting. Votes may be cast only for candidates who petitioned to be on the ballot or were nominated from the floor.

Section 4: Elections shall be by a secret ballot provided that in the event there is only the number of nominees for a position as there is number of positions to be filled, a motion from the floor to elect that position may be made.

Section 5: Election of officers shall be by majority vote of the members present and voting. A majority shall be deemed constituted by one (1) more than one-half (1/2) of all valid votes cast not counting abstentions. When more than two (2) candidates are nominated for an office, and no candidate receives a majority, there shall be a run-off conducted between the two (2) candidates receiving the highest number of votes.

Section 6: Election for executive board member or delegate shall not require a majority, the seven (7) candidates for executive board member and eighteen (18) candidates for delegate receiving the highest number of votes being elected.

Section 7: The presiding officer of the annual meeting shall name a monitor of the election and shall appoint sufficient tellers to conduct the election. Candidates may have an observer present at the polls and when ballots are counted.

Section 8: Ballots and other election records shall be preserved for at least one year.

Section 9: Election challenges shall be submitted to the Delegate Assembly within ten (10) days of the election. The Delegate Assembly shall render a decision on such challenges within thirty (30) days.

Section 10: Any member who misses more than two (2) consecutive meetings of the Executive Board or two (2) consecutive meetings of the Delegate Assembly without just cause shall be removed from the position. The Executive Board will determine by majority vote whether a member missed a meeting for just cause or should be removed.

Section 11: A vacancy in the office of President shall be filled by the Vice-President. A vacancy in any other office or in a position of director or delegate shall be filled within sixty (60) days by vote of the Delegate Assembly.

Section 12: Resolutions to be acted upon by the annual meeting of the membership shall be submitted in writing to the Secretary at least ten (10) days prior to the annual meeting. In the case of extreme emergency, additional resolutions may be brought to the Executive Board on the day of the annual meeting. The Executive Board will determine whether to present the resolution to the annual meeting. Resolutions passed by the annual meeting shall be the mandate of the membership and it shall be the duty of the officers, Executive Board and employees of NYPNU to carry out the resolution to the best of their abilities.

Section 1: Charges against an officer for serious misconduct shall be submitted in writing to the Secretary.

Section 2: Within ten (10) days of the filing of such charges, the President shall appoint a Trial Board of three (3) members of NYPNU. If the charges are against the President, the Vice-President shall appoint the Trial Board. The Secretary shall furnish the accused with a copy of the charges.

Section 3: The Trial Board shall fix a date for an open hearing on the charges no later than thirty (30) days after their presentation and shall notify both accuser and accused, in writing, by certified letter with return receipt requested, of such date at least ten (10) days prior to the hearing. The membership shall also be notified of the hearing at least ten (10) days in advance.

Section 4: At the hearing both the accused and the accuser may submit evidence and produce witnesses on their behalf.

Section 5: The Trial Board shall render its decision within thirty (30) days and furnish each party with a copy of its decision. This decision shall be communicated to the membership within ten (10) days.

Section 6: In the event the charges are sustained, the Trial Board may fashion any remedy it deems appropriate, including the removal of the officer from duty.

Section 7: Within twenty (20) days of receipt of the decision of the Trial Board, either party may file with the Secretary of NYPNU notice of appeal to the Delegate Assembly. Said notice of appeal shall act as a stay to any adverse action.

Section 8: If an officer is appealing his/her removal from office, the Delegate Assembly shall schedule a special membership meeting within thirty (30) days of the next regularly scheduled Delegate meeting to enable the membership to vote on the appeal by secret ballot.

Section 9: An appeal of any action short of removal from office shall be decided by the Delegate Assembly. Within thirty (30) days of receipt of notice of appeal, the Delegate Assembly shall review the record of the proceedings before the Trial Board and shall approve or disapprove the action of the Trial Board.

Section 10. The Secretary of NYPNU shall advise both parties of the dispensation of the appeal, and it shall be communicated to the membership within ten (10) days.

ARTICLE X
DUES AND FEES

Section 1: The chief source of revenue of NYPNU shall be the dues paid by members.

Section 2: The annual dues shall be one and one quarter percent (1.25%) of the employee's base annual rate excluding increments for years of service.

Section 3: In addition to the dues as set forth in Section 2 above, dues shall include the following:

(a) for every person who, after the adoption of this provision, first becomes a member, a fee of $100.00;

and

(b) for every person who ceases to be a member and, after the adoption of this provision, become a member, a fee of $100.00 provided, however, that any member who ceases to be a member because she/he ceases to be employed at Lenox Hill Hospital in a bargaining unit position then becomes employed again at Lenox Hill Hospital in a bargaining unit position within six (6) months of her/his ceasing to be a member shall not be liable for this fee.

ARTICLE XI
BARGAINING UNITS

Section 1: Any agreement between the employer and NYPNU shall be reduced to writing and shall be signed by the President and an authorized representative of the employer.

Section 2: In the event of a dispute between the employer and other employee groups, NYPNU members shall coordinate their activities and efforts through NYPNU.

ARTICLE XII
CHARGE AND TRIAL BOARD

Section 1: Charges against a member shall be made by another member of NYPNU in writing to the Secretary.

Section 2: Within ten (10) days of the filing of such charges, the President shall appoint a Trial Board of three (3) members of NYPNU. The Secretary shall furnish the accused with a copy of the charges.

Section 3: The Trial Board shall fix a date for hearing on the charges no later than thirty (30) days after their presentation and shall notify both accuser and accused, in writing, by certified letter with return receipt requested, of such date at least ten (10) days prior to the hearing.

Section 4: At the hearing both the accused and the accuser may produce witnesses on their behalf.

Section 5: The Trial Board shall render its decision within thirty (30) days and furnish each party with a copy of its decision.

Section 6: In case the charges are sustained, the Trial Board may reprimand, fine, suspend, or expel the guilty party, or, in cases where a Breach of the Duty of Fair Representation is charged, fashion any remedy it deems appropriate.

Section 7: Within twenty (20) days of receipt of the decision of the Trial Board, either party may file with the Secretary of NYPNU notice of appeal to the Delegate Assembly. Said notice of appeal shall act as a stay to any reprimand, suspension, or expulsion until the decision of the Delegate Assembly.

Section 8: Within thirty (30) days of receipt of notice of appeal, the Delegate Assembly shall review the record of the proceedings before the Trial Board and shall approve or disapprove the action of the Trial Board.

Section 9: The Secretary of NYPNU shall advise both parties of this action.

Section 10: An expelled member may be readmitted to membership upon recommendation of the Delegate Assembly and after payment of all fees, dues and indebtedness owing the NYPNU.

ARTICLE XIII
PARLIAMENTARY AUTHORITY

The parliamentary authority shall be the current edition of ROBERT'S RULES OF ORDER.

ARTICLE XIV
AMENDMENTS

Section 1: Amendments to this Constitution shall be submitted in writing to the Secretary at least sixty (60) days prior to the Annual Meeting and thereafter submitted by the Secretary to the members at least thirty (30) days prior to such meeting.

Section 2: Proposed amendments shall be voted upon at the Annual Meeting by secret ballot and shall be adopted if approved by majority vote of those members present and voting. All amendments shall be effective immediately upon approval.

Section 3: In the case of an extreme emergency additional amendments may be brought to the committee on amendments to the Constitution on the day of the Annual Meeting. The committee on amendments to the Constitution shall determine whether to present the proposed amendment to the Annual Meeting. Such amendment shall require approval by two-thirds (2/3) of those members present and voting at the Annual Meeting.

This document was updated 10/29/2008