AMO members approve amendments to AMO National Constitution eliminating the National Executive Committee
The following resolution was approved by a majority vote of American Maritime Officers members in attendance of the regular monthly membership meeting at AMO headquarters on February 2.
WHEREAS, amendments to the AMO National Constitution were last adopted through a membership referendum that ended in March 2009, and
WHEREAS, the number of National Executive Board members was reduced to seven more than a decade ago during this referendum, and
WHEREAS, with the National Executive Board reduced to seven members, the National Executive Committee serves little purpose and creates confusion because almost any decision it makes is subject to change by the National Executive Board under Article VI section 5 paragraph (d) that states that NEC decisions can be "modified or otherwise altered by a majority vote of the National Executive Board."
WHEREAS, in an age when conference calls were complicated and uncommon, the National Executive Committee was incorporated in the Constitution to facilitate quick and decisive decision making, but now with the improvements in and daily use of modern telecommunications media technology, the National Executive Board can meet quickly when needed, so the National Executive Committee no longer is needed to make decisions in the interim between National Executive Board meetings,
WHEREAS, the current National Executive Committee voted on December 29th, 2021 to recommend the elimination of the NEC and the assumption of all its duties and responsibilities by the National Executive Board.
NOW, THEREFORE, pursuant to its authority under Article XXV of the AMO National Constitution, the National Executive Board proposes to the AMO membership the following amendments to the AMO National Constitution eliminating the National Executive Committee and reassigning its duties to the National Executive Board:
Article IV, Section 7 shall now read:
"To preserve unity and to promote the common welfare of the membership, all members of this Union shall uphold and defend this Constitution and shall be governed by the provisions of this Constitution and National Executive Board rulings, orders and decisions."
Article VI, Section 1 paragraph (d):
Delete
Article VI, Section 4 shall have the following additions:
"(g) It shall be the duty of the National Executive Board to establish and direct the policies, strategies, rules and business of this Union, which shall advance and protect the interests and welfare of this Union. The adoption of any such action shall make the provisions thereof binding Union policy, provided such action is not inconsistent with the provisions of this Constitution.
(h) The National Executive Board shall direct the administration of all Union affairs, properties, policies and personnel in any and all areas except as otherwise specifically provided for in this Constitution.
(i) The National Executive Board shall be responsible for overseeing the formulation of bargaining demands and contract negotiations, provided these actions are not inconsistent with any other provision of this Constitution.
(j) The National Executive Board shall determine, subject to the provisions of this Constitution, the terms and conditions of affiliation for any group of workers desiring affiliation.
(k) The National Secretary-Treasurer, or in the National Secretary-Treasurer's absence, an appointee of the National Executive Board, shall keep accurate minutes of all meetings of the National Executive Board.
(l) The National Executive Board may act without holding a formal meeting provided all members of the National Executive Board are sent notice of the proposed action or actions, and the decision is reached by a majority vote, provided sufficient votes are received to constitute a quorum."
Article VI, Section 5:
Delete
Article VIII, Section 1 paragraphs (g), (h) & (l) shall now read:
"(g) The National President shall be Chairman of the National Executive Board.
(h) The National President shall be responsible within the specified limits for the enforcement of this Constitution, the policies of this Union and all rules and rulings adopted by a majority vote of the membership and the National Executive Board. The National President shall strive to enhance the strength, position and prestige of this Union.
(l) In the event the National President shall be unable to carry out his duties by reason of incapacity or in the event of a vacancy in the office of the National President for any reason including death, resignation or removal, the National Executive Board shall, at the time of such incapacity or vacancy, determine and designate by majority vote of the remaining members of the National Executive Board, the successor in office to the National President from amongst the existing members of the National Executive Board."
Article VIII, Section 4 paragraphs (c), (d) & (e):
Delete
Article XII Section 3 shall now read:
"Negotiating & Strike Committees
(a) The members of the negotiating Committee shall be elected by a majority vote of the membership in that fleet for the contract being negotiated. Notwithstanding anything to the contrary in this Constitution, the National Executive Board may be constituted as the Negotiating Committee.
(b) The National Executive Board shall decide when any strike shall begin and end. The National Executive Board will act as the Strike Committee. The National President shall act as Chairman and may designate a working committee of not less than two (2) National Executive Board members and two (2) rank and file members, all of whom shall report to the full National Executive Board as needed. The Strike Committee shall be charged with the preparation, execution and termination of a strike plan binding on all members and other persons affiliated with this Union, when approved by the National Executive Board."
Article XV, Section 2 paragraph (b)shall now read:
"(b) The AMO, its National Officers, employees and members shall not use the name of AMO as authorizing the publication of any book, pamphlet, circular, other printed matter, electronic mail, website, social media posting or content, or other electronic transmission of information containing any advertisement whatever, nor shall AMO authorize any person or persons to do so, unless approved by the AMO National Executive Board."
Article XVI shall now read:
"National Officers, whether elected or appointed, as well as all other employees of this Union, shall be required to be bonded under such terms and conditions as may be determined, from time to time, by the National Executive Board, provided however, that elected National Officers whose responsibility it is to handle the liquid funds of this Union, or who are empowered to convert securities in their possession into cash, shall each be required to furnish a bond at the expense of the Union in an amount required by law but not less than $25,000.00; such bond is to be executed by a reliable surety company and approved by the National President. The bond, when furnished, shall be placed in the custody of the National President, who shall in turn be responsible for ascertaining that such bond is kept in force throughout the term of office of such elected National Officers. No elected National Officer who is charged with the responsibility of handling funds and assets of the Union may assume office or remain in such office unless a satisfactory bond is in force and effect. It is expressly provided that the amount and content of the bond and the National Officers to be covered thereunder shall, at all times, be consistent and in compliance with provisions of any applicable law in force and effect. It is expressly provided that the amount and content of the bond and the National Officers to be covered thereunder shall, at all times, be consistent and in compliance with provisions of any applicable law."
Article XX, Section 2 shall now read:
"The quorum for a National Executive Board meeting shall be a majority of its members in person or through communications media."
Article XXII, Section 4 (b):
Delete
Article XXIV, shall now read:
Section 1.
"(a) The National President or his authorized designee, with the approval of the National Executive Board, shall have the authority to affiliate with any other Union, group of Unions or an Association, provided, that the autonomy of AMO is guaranteed and maintained and the National President determines this to be in the best interest of AMO and its membership.
(b) There shall be no merger of this Union with any other Union without prior approval by:
- A majority vote of the National Executive Board followed by;
- A majority vote of the members in good standing through membership referenda including voting, tallying and certifying of results by an independent third-party vendor using secure internet, electronic and/or telephone balloting systems.
Section 2.
The National Executive Board shall have the authority, whenever it may determine it is in the best interest of the membership, to submit to a referendum vote among the membership any issues, policy, or action. Any such referendum shall be conducted through membership referenda including voting, tallying and certifying of results by an independent third-party vendor using secure internet, electronic and/or telephone balloting systems. Details such as timing and length of balloting shall be set by the National Executive Board.
Section 3.
By virtue of the affiliation of AMO with the Seafarers International Union of North America, AFL-CIO, the President of the SIUNA shall have the right to attend any membership meeting of AMO and its National Executive Board with a voice but no vote concerning the deliberations."
Proposed by the AMO National Executive Board on February 2, 2022.
Paul Doell
Bob Rice
Willie Barrere
John Clemons
Jeff Richards
T. Christian Spain
Danny Robichaux