OSUNO Ohio State University Nurses Organization BYLAWS 2012 Article I. Name The name of this local bargaining unit of the Ohio Nurses Association shall be known as The Ohio State University Nurses Organization (OSUNO) located in Columbus, Ohio, hereinafter referred to as OSUNO, organization or local unit. Article II. Objectives The objectives of OSUNO shall be to serve the interest of OSUNO members through collective bargaining, education, legislation and other group activities. The objectives of the local bargaining unit in conjunction with the ONA shall be to: A. Negotiate, interpret and administer a contract with The Ohio State University, hereinafter referred to as the “University,” the “Hospitals,” or the Ohio State University Wexner Medical Center (OSUWMC) in conjunction with the Ohio Nurses Association (ONA). B. Advise and assist the Ohio Nurses Association in its dealings with OSUWMC concerning negotiations, grievances, labor disputes, wages, rates of pay, hours of employment, conditions of work, or any other pertinent labor/employer actions. The Ohio Nurses Association shall be the exclusive bargaining representative on behalf of unit members. Nothing in these bylaws shall be construed to mean that OSUNO does more than advise and assist the Ohio Nurses Association in its dealings with employers concerning negotiations, grievances, labor disputes, wages, rates of pay, hours of employment, conditions of work, or any other pertinent labor/employer actions. C. Promote standards of professional practice. D. Promote ONA and its nursing affiliate organizations; uphold ONA bylaws and adhere to the ANA Code for Nurses. E. Promote improvements in employment conditions. F. Inform members and promote participation in professional organizations. G. Represent membership and act as its spokesperson consistent with ONA bylaws. H. Adopt, uphold and update bylaws for the organization. I. Encourage participation in community activities. Article III. A. Membership Membership in the local bargaining unit shall consist of Registered Nurses who are currently employed and hold titles/positions that are included in the collective bargaining agreement between ONA and OSUWMC. The sole representative for the collective bargaining unit shall be the Ohio Nurses Association. 2 B. Only members in good standing shall have voting privileges; run for office; or be appointed/elected to committees/positions. The requirements to be a “Member in good standing” include: a) timely payment of dues; and b) no misconduct/disciplinary actions or violations of ONA Bylaws, E&GW Commission Policies/Procedures, Local Bargaining Unit Bylaws, or requirements of applicable laws and rules. Article IV. Member Responsibilities A. Remain current with dues, fees and assessments. B. Have knowledge of the local unit and ONA bylaws. C. Have knowledge of the collective bargaining agreement. D. Make informed decisions in all local unit voting processes. E. Participate in meetings/activities of the local unit. F. Be informed about all programs of ONA and all tiers and affiliates of the professional association (local, district, state, national) Article V. Administrative Authority/Responsibility A. The membership is the highest level of authority who direct the business of the local bargaining unit. This authority is to be exercised at all regular meetings and specialty meetings such as: contract ratification, informational–during negotiations, crisis situations, and for time limited decisions. B. The Board of Directors (BOD) is the next level of authority who transact the business of the local bargaining unit between regular and specialty meetings of the membership, C. The Executive Board is the next level of authority who transact the business of the local bargaining unit in situations when there is no time to consult with the membership or BOD. D. No subordinate body of the local bargaining unit shall transact any business which may affect the vital interest of the membership until securing the approval of the membership. E. Notwithstanding the above, and consistent with the ONA bylaws, the local bargaining unit shall conform to such requirements as are established by the Economic and General Welfare Commission and the requirements of applicable laws and rules. Article VI. A. Officers/Duties The officers of OSUNO shall be President, 1st Vice-President, 2nd Vice-President, Secretary and Treasurer. This body of officers will serve as the Executive Board. 3 B. The Board of Directors shall consist of seventeen (17) directors elected to the board representing all nursing divisions and areas of the Medical Center. The immediate PastPresident shall serve on the Board of Directors for one (1) year after his/her term of office. The seventeen (17) directors are: (1) SICU (2) MICU/8ICU (3) NICU/L&D/Women & Infant (4) Dodd 2, 3, 4 (5) Med-Surg- The Ross 2, 5, 6, 7 (6) Med-Surg- The James and CNS/educators (7) Med-Surg- The James and James Float Pool (8) Med-Surg- UH 8, 9, 10, 11 (9) Harding 2, 3, 4 (10) Perioperative- The Ross (ASU, PACU,OR) (11) Perioperative- The James (ASU, PACU, OR) (12) Perioperative- UH (ASU, PACU, OR) (13) UH Procedural (CT, IR, RPR, Endoscopy, Radiology) (14) Ross Procedural (EP, Non-invasive, Cath Lab, IPR) (15) Off-site units(Wound Care, Martha Morehouse, Mill Run, Stephanie Spielman CBC) (16) Clinic (17) Emergency Department/CDU/Prompt Care If at any time the need for additional director positions arises due to staffing, Medical Center expansion, unit reconfiguration, etc. the Board of Directors may create the additional position(s) pursuant to Article IX. C. Duties of Officers 1. The President shall preside at all meetings of the local bargaining unit, and be an ex officio member with voting privileges, on all committees, except the nominating committee. The President shall appoint special committees as needed. 2. The 1st Vice-President shall perform the duties of the President in their absence and become the President in case of a vacancy in that office. 3. The 2nd Vice-President shall perform the duties of the 1st Vice-President in their absence and become 1st Vice-President in case of a vacancy in that office. The 2nd Vice-President shall perform the duties of the Treasurer in their absence and, in the case that the Treasurer’s position is vacated, shall perform these duties until a qualified Treasurer is appointed/elected. 3. The Secretary shall: a) notify officers and committees of their election/appointment; b) send out notices of all local bargaining unit meetings and see that they are posted in the designated places; c) record and keep minutes of all meetings and those present; d) keep an up to date roll of the members; e) conduct and/or preserve all official correspondences and documents of the local unit; f) post notices of local, district, state and national meetings, activities/presentations; g) furnish committees will all papers referred to them; h) 4 inform ONA of any changes to the bylaws; and i) supply a current copy of the bylaws to ONA. 4. Article VII. The Treasurer shall transact and record the financial affairs of the local bargaining unit which include: a) receive local bargaining unit dues and all other unit funds; b) keep an itemized account of all receipts and disbursements; c) follow all applicable financial policies/procedures, statutes and bylaws; d) provide a written financial report at all executive and regular membership meetings; and e) immediately send a copy of all financial reports/records to the E&GW Commission upon request. Board of Directors A. The local bargaining unit Board of Directors shall consist of twenty-three (23) members: five (5) officers and eighteen (18) directors, including the Immediate Past-President. Three (3) officers and Two (2) directors will constitute a quorum to conduct business. B. Duties of Board of Directors shall be to: 1. Transact the business of the local bargaining unit in the interim between regular and specialty membership meetings. 2. Establish policies and procedures for the transaction of local bargaining unit business in accordance with the ONA bylaws, E&GW Commission policies and procedures and all requirements of applicable laws and rules. 3. Establish and appoint members to standing/specialty committees. Some committees may have members elected. 4. Establish financial policies and procedures in accordance with the ONA bylaws, E&GW Commission policies and procedures and all requirements of applicable laws and rules; submit all books annually to a certified public accountant or an audit committee, approved by the E&GW Commission, for audit and present the financial report and findings of the auditor or audit committee to the membership and the E&GW Commission. 5. Determine the dates, times and place of all regular and specialty membership meetings. 6. Submit quarterly reports to the E&GW Commission regarding BOD/Executive actions and unit activities, or as requested by the E&GW Commission. 7. Submit yearly evaluation to the E&GW Commission regarding ONA’s representation of the local bargaining unit. 8. Send copies of all meeting minutes to the E&GW Commission upon request. 9. Establish and/or maintain charter status with the Ohio Nurses Association. 5 10. Remain current with association dues. 11. Maintain compliance with bylaw requirements. 12. Fill vacancies on committees and Director positions on the board pursuant to Article IX. 13. To provide for the care of materials, equipment, records and funds of the local unit. Article VIII. Participation Rewards A. The OSUNO Executive Board shall be reimbursed bi-annually in the amount totaling seven-hundred dollars ($700.00) by the OSUNO treasury. Payment shall be contingent upon the Executive Board member remaining in good standing and complying with the responsibilities and duties set out in these bylaws, particularly satisfactory attendance at meetings as set out in Article XIII, assistance with member issues when necessary and completion of ONA offered training when necessary. B. The OSUNO Board of Directors shall be reimbursed bi-annually in the amount totaling four-hundred dollars ($400.00) by the OSUNO treasury. Payment shall be contingent upon the Board member remaining in good standing and complying with the responsibilities and duties set out in these bylaws, particularly satisfactory attendance at meetings as set out in Article XIII, assistance with member issues when necessary and completion of ONA offered training when necessary. C. In the instance that any Board member does not complete an entire year of service, any reward that is determined to be earned will be pro-rated on the number of months the Board member served prior to leaving office. Article IX. Elections A. Voting may be conducted by any method or manner legally permissible under labor law regarding the election of union officers, including but not limited to mail, phone, electronic or any other method. B. All Officers and Directors shall be elected to serve for two years, or until their successors are elected. The President, 2nd Vice-President, Secretary and the last eight (8) Directors listed in Article VI (B) will be elected to serve in odd numbered years. The 1st VicePresident, Treasurer and first nine (9) Directors in Article VI (B) will be elected to serve in even numbered years. All terms of office are to begin on January 1st following the election. C. Officers may succeed themselves. D. If an office becomes vacant during its term, the Board may appoint a successor for the remainder of the term. 6 E. Election of officers, directors and designated standing committees shall be by secret ballot. The election procedure shall follow Robert’s Rules of Order, Newly Revised and the requirements of applicable laws and rules. F. Prior to election, a meeting will be held at which nominations shall be open from the floor. At the discretion of the Nominating Committee, a written call for nominations may be sent out to the membership in lieu of or in addition to a meeting. G. A plurality vote of the eligible OSUNO members voting shall constitute an election. H. A tie between two individuals will be settled by a run-off election if there were more than two individuals running in that category. Run-off elections may be conducted in any manner outlined in Section A of this Article. When only two individuals run in a category, the election will be determined by a coin toss by the head teller. I. The circumstances and procedure for challenging an election shall follow Robert’s Rules of Order, Newly Revised and the requirements of applicable laws and rules. The Economic and General Welfare Commission is to be notified of an election challenge. The Economic and General Welfare Commission will oversee the challenge process. J. Process for Challenging Elections: An election may be challenged if a candidate reasonably believes that the election results are inaccurate or that there is a violation of the election process or applicable law. a. Any time during or within five (5) business days after the time election results are available, a candidate may challenge an election. To challenge an election, the candidate shall submit the following in writing to the chief teller: i. The nature of the challenge; ii. The rationale supporting the belief the election was flawed; and iii. Other pertinent information supporting the challenge. b. Upon receipt of the written documentation required by paragraph a. of this Section, the chief teller, in consultation with the Nominating Committee, shall attempt to resolve the challenge. c. If resolution of the challenge requires a recount of election results, the Chair of the E&GW Commission or designee shall conduct the recount. Each candidate on the official ballot for the position being contested shall be entitled to have one (1) observer present for the recount. The Chair of the E&GW Commission or designee shall notify OSUNO’s BOD of the results of the recount. d. If the Chair of the E&GW Commission or designee finds a new election is required to resolve the challenge he/she shall report that conclusion to the chief executive officer of ONA who shall immediately take all steps needed to conduct a new election. K. The BOD shall compose a Nominating Committee from local bargaining unit members not running for office to oversee the election results which includes: a) b) validating a members right to vote; validating that each member only votes once; 7 c) d) e) tabulating the results; submitting election results to the President; and maintaining confidentiality regarding the election. L. The OSUNO Secretary shall notify ONA of newly elected officers and directors in writing within two (2) weeks following the election. M. Post Election Records: All ballots, delegate credentials and other records pertaining to the election shall be preserved for one (1) year after the election, or for the length of time required by relevant federal and state laws and regulations. Article X. A. B. Committees Committees shall be composed of members of the organization and shall assume such duties as are assigned by the BOD and specified in the bylaws. Members of the committees for OSUNO will be appointed by the BOD or elected by the membership according to policies/procedures established by the BOD as directed by the membership. There shall be at least the following committees, which shall consist of a minimum of two (2) members each: 1. Negotiating Committee – a) shall consist of a minimum of eleven (11) members; b) solicit input from the members for the purpose of developing contract proposals; c) assist and advise ONA staff in negotiating the contract; d) shall function in accordance with the ONA bylaws, E&GW Commission policies and procedures, and all requirements of applicable laws and rules. 2. Nominating Committee – a) shall consist of a minimum of two (2) members; b) develop a ticket of members for election and present it to the BOD. The BOD shall present the ticket to the membership at least one month prior to the election. 3. Bylaws Committee – a) shall consist of a minimum of two (2) members; b) develop and/or review proposed amendments to these bylaws; c) submit, four weeks prior to posting for a vote by the membership, the proposed amendments to the E&GW Commission and ONA Bylaws Committee for approval to insure compliance to the ONA bylaws, E&GW Commission policies and procedures, and requirements of all applicable laws and rules; d) present approved proposed amendments to the BOD for approval who will submit to the membership for vote. 4. Orientation/Membership – a) shall consist of a minimum of two (2) members; b) provide OSUNO/ONA information to new members of the bargaining unit; 8 c) d) e) 5. C. maintain and submit list of new members to OSUNO Secretary; follow up with newly hired members after their probationary period to provided information, respond to questions and involve new members; foster a relationship between all members of the bargaining unit in order to strengthen participation in OSUNO. Program Committee – a) shall consist of a minimum of two (2) members; b) plan educational programs designed to inform and motivate unit membership; c) plan, coordinate and carry-out social and community events. Committees shall consist of members of the bargaining unit sought through volunteerism, appointment or election. If at any time a Committee does not have enough members to be considered a functional Committee, BOD members shall be appointed by the Executive Board to carry out the duties of these Committees. Article XI. Local Bargaining Unit Representatives A. Members who advise and assist ONA staff in representing the membership in administering the collective bargaining agreement in a workplace setting may be elected by the membership or appointed by the BOD pursuant to these bylaws. B. Duties of the Local Bargaining Unit Representatives shall be to: 1. Advise members on issues pertaining to the collective bargaining agreement; 2. Investigate, file and process grievances; 3. Represent members in any disciplinary or potential disciplinary actions; 4. Serve as a liaison between members and management; and 5. Be adequately and properly trained in all of the above. This shall be achieved through completion of provided trainings and attendance at OSUNO meetings. Article XII. A. The local unit dues for all members shall be thirty-six dollars ($36.00). Article XIII. A. Local Bargaining Unit Dues Meetings Regular meetings of the organization shall be held quarterly in January, April, July and October on the third (3rd) Wednesday of the month at the OSUNO office. Officers and Directors are expected to attend at least fifty percent (50%) of these meetings in order to fulfill their minimum obligation as an elected officer. Attendance at these meetings is 9 expected, with exception of unforeseen emergency. If an officer is not able to attend a meeting, notice should be provided in advance of the meeting. B. The President and Officers shall meet monthly as needed, but not less than six (6) times per year at a time and place decided upon by the group. C. Three (3) officers and four (4) members shall constitute a quorum at any meeting of the local bargaining unit. D. Special meetings may be called by the President/BOD and /or five (5) members of the local bargaining unit by notifying the President/BOD. E. Notice of meetings shall be posted in designated areas easily accessible to members a minimum of one (1) week prior to the meeting. Special meetings may be scheduled with less than one (1) week notice. Article XIV. A. Dual Unionism/Serious Misconduct Dual unionism is prohibited by this article and is defined as: 1. Participating in or giving assistance to one or more labor organizations which are in competition with ONA, other State Nurses Association or other ONA affiliates as they act for and represent the collective bargaining interests of members. 2. Refrain from participating or giving assistance to one or more competing labor organizations that advocate or engage in activities which would eliminate or interfere with any other State Nurses Association’s collective bargaining activities. B. Members who violate A1. and/or A2. of this section shall be subject to expulsion from ONA in accordance with the discipline procedures contained in Article IV of the ONA bylaws. C. Working collaboratively or collectively with other unions for a common goal would not fall under the definition of dual unionism so long as such activity is expressly endorsed by ONA. D. Local bargaining unit members and officers may be sanctioned by the E&GW Commission if found guilty of being in violation of local bargaining unit bylaws, E&GW Commission policies and procedures, ONA bylaws, or requirements of any applicable laws and rules. Article XV. Dissolution In the event of the dissolution of OSUNO, any cash, pertinent documents, or real assets accumulated by OSUNO will become the property of the designated group or agency as voted by the membership and approved by the E&GW Commission and ONA Board of Directors. 10 Article XVI. Association Assessments and Dues OSUNO shall continue to pay dues to the ONA pursuant to the ONA Bylaws and House of Delegates policy until such time as two-thirds (2/3) of the entire local bargaining unit membership votes to disaffiliate from the ONA. Article XVII. Parliamentary Procedure The rules contained in Robert’s Rules of Order, Newly Revised shall govern meetings/functions of the local bargaining unit in all cases in which they are not inconsistent with these bylaws. Article XVIII. Amendments and Effective Date A. Upon approval of the ONA Bylaws Committee, E&GW Commission and the local bargaining unit BOD, these bylaws may be amended at any regular or specially authorized local bargaining unit meeting by two-thirds (2/3) vote of the members present and voting, provided the proposed amendments have been made known to all unit members no less than four (4) weeks prior to the meeting. “Made known” shall be defined as either being posted on all units, posted on OSUNO.com or individually mailed to all members. B. These bylaws shall be effective October 17, 2012. C. OSUNO shall review and update, if necessary, these bylaws every three (3) years following the above effective date or as otherwise required by the E&GW Commission. 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