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Constitution
By-Laws
(As last amended May 30, 1996 and in effect September 1,
2000)
ARTICLE_I
ARTICLE_II
ARTICLE_III
ARTICLE_IV
ARTICLE_V
ARTICLE_VI
ARTICLE_VII
ARTICLE_VIII
ARTICLE_IX
The
name of this organization is the National Academy of Arbitrators,
a non-profit corporation. (As amended January 27, 1965).
The
principal office and headquarters of the Academy shall be located
in such place as shall be designated by the Board of Governors.
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The
purposes for which the Academy is formed are: To establish and foster
the highest standards of integrity, competence, honor, and character
among those engaged in the arbitration of labor-management disputes
on a professional basis; to secure the acceptance of and adherence
to the Code of Professional Responsibility for Arbitrators of Labor-Management
Disputes prepared by the National Academy of Arbitrators, the American
Arbitration Association and the Federal Mediation and Conciliation
Service, or of any amendment or changes which may be hereafter made
thereto; to promote the study and understanding of the arbitration
of labor-management and employment disputes; to encourage friendly
association among the members of the profession; to cooperate with
other organizations, institutions and learned societies interested
in labor-management and employment relations, and to do any and
all things which shall be appropriate in the furtherance of these
purposes. (As amended April 29, 1975 and June 1, 1993).
The
Academy shall not recommend, designate or appoint arbitrators.
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(As amended January 27, 1965)
The
Academy is a non-profit, professional and honorary organization
of arbitrators, open to membership without regard to politics, race,
creed, color or sex; its membership shall be composed of those who
associate themselves together and agree to further the objects and
purposes here set forth in accordance with this Constitution and
the By-Laws of the Academy and such other persons as may from time
to time be elected to membership as hereinafter provided.
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The
government and management of the Academy shall be vested in a Board
of Governors consisting of twelve (12) members in addition to the
ex-officio members hereinafter provided. At the Annual Meeting in
January 1957, four (4) shall be elected for a three-year term, one
(1) for a two-year term, and one (1) for a one-year term. At each
Annual Meeting thereafter four (4) members shall be elected for
a three-year term. After the election to be held January 20, 1950,
no member of the Board shall be eligible for two (2) successive
three-year terms. (As amended February 2, 1957).
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(As amended April 21, 1976)
Members
shall be elected by the Board of Governors in the manner provided
in the By-Laws.
The
Board of Governors may at its discretion confer upon a member of
the Academy Honorary Life Membership status. (Adopted January 30,
1963).
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(As amended April 5, 1978)
The
officers of the Academy shall consist of a President, four (4) Vice
Presidents, an Executive Secretary-Treasurer, and a President-Elect,
who shall serve as ex-officio members of the Board of Governors
with the right to vote.
The
President, Vice Presidents, and President-Elect shall be elected
at the 1962 Annual Meeting for one-year terms. Thereafter, the Vice
Presidents and President-Elect shall be elected at each Annual Meeting
for one-year terms. The Vice Presidents shall be eligible for no
more than two successive terms in the same office. The President
shall not be eligible for a successive term. At the expiration of
a one-year term of office, the President shall automatically be
succeeded by the President-Elect who had been elected at the previous
Annual Meeting. The retiring President shall serve as an ex-officio
member of the Board of Governors for one year with the right to
vote. (As amended April 5, 1978).
The
Executive Secretary-Treasurer shall be elected for a three-year
term, beginning with the Annual Meeting in 1962. (As amended April
5, 1978).
In the
event of death or the inability of the President to serve, the President-Elect
shall serve as interim President for the unexpired portion of the
President's term or during the period of the President's incapacity.
(As Amended May 26, 1994).
In the
event of the inability of the Executive Secretary-Treasurer to serve,
the President shall designate a member to serve as interim Executive
Secretary-Treasurer, if necessary, and shall declare that a vacancy
exists in the office of the Executive Secretary-Treasurer. (Added
by amendment May 30, 1990).
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Amendments
to the Constitution or By-Laws shall be made by affirmative vote
of two-thirds (2/3) of those voting at any membership meeting: Provided,
however, that after February 2, 1957 no proposed amendment shall
be adopted unless it has been (a) approved by a majority vote of
the Board of Governors, or (b) signed by ten (10) members of the
Academy; and thereafter filed in writing with the Secretary-Treasurer
at least ninety days prior to the membership meeting, and distributed
by mail to the entire membership at least forty-five days prior
to the meeting. This proviso shall not be construed to prevent the
making of germane amendments to such provision at the time of the
membership meeting. (As amended April 5, 1978).
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(As amended May 9, 1979)
The
Academy shall have regions, in a number and with territorial boundaries
as designated by the Board of Governors and as amended by the Board
of Governors from time to time in response to changing membership
numbers, geographical distribution and interests.
Regional
organization and activities are intended to encourage implementation
of the purposes of the Academy as set forth in Article 11, Section
1, by facilitating communication and contact among members between
the Annual Meeting and their study and understanding of arbitration
in matters of regional as well as general relevance.
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(As amended May 26, 1982)
At an
Annual Meeting where there is a contest for office, the election
for such contested office or offices shall be by secret ballot of
the members in attendance. The candidate or candidates, as the case
may be, receiving a majority of the votes cast shall be declared
elected.
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ARTICLE_I: Duties of Officers
ARTICLE_II: Annual Meeting
ARTICLE_III: Board of Governors
ARTICLE_IV: Standing Committees
ARTICLE_V: Dues
ARTICLE_VI: Membership
ARTICLE_VII: Nominating Committee
ARTICLE_VIII: Regions
ARTICLE_IX: Reserve Fund
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Duties of Officers
The President
The President or one of the Vice Presidents in the President's absence
shall preside at all meetings of the Academy. At the Annual Meeting
the President shall present a report of the general affairs of the
Academy.
The Executive Secretary-Treasurer
The Executive Secretary-Treasurer under the direction of the President
and the Board of Governors, shall perform the customary duties of
such office. The Executive Secretary-Treasurer shall conduct the
correspondence of the Academy; record the proceedings of all meetings
of the Academy and the proceedings of the meetings of the Board
of Governors. The Executive Secretary-Treasurer shall issue all
notices and other documents requiring verification; make at each
Annual Meeting a report of the membership of the Academy and all
other matters pertaining to the conduct of the office; and perform
such other duties as may be assigned to that office by the President
and by the Board of Governors. The Executive Secretary-Treasurer
may be authorized by the Board of Governors to employ a paid assistant,
under terms to be established by the Board of Governors. The Executive
Secretary-Treasurer shall collect and deposit all moneys due the
Academy; verify all bills and pay them when approved by the President
or the Board of Governors; and make at each Annual Meeting, or more
often if required by the Board of Governors, a report of the accounts
of the Academy. (As amended April 5, 1978).
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Annual Meeting
The
Annual Meeting of the Academy shall be held in the spring of each
year at such time and place as shall be designated by the Board
of Governors. (As amended June 1, 1988).
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Board of Governors
The Board of Governors shall be the governing body of this Academy.
The Board of Governors shall be elected by the members, as provided
in the Constitution, and shall hold office for the term elected
or until successors are elected and qualified.
Vacancies on the Board of Governors occasioned by death,
resignation, or other reasons, shall be filled by appointment by
the President, and Governors as appointed shall serve until the
next Annual Meeting of the membership.
The annual meeting of the Board of Governors shall be held immediately
following the Annual Meeting of the membership for the purpose of
considering such matters as may be properly brought to its attention.
Regular meetings of the Board of Governors shall be held semi-annually
at such time and place as the President shall designate.
Special
meetings of the Board of Governors of this Academy may be called
by the President or upon formal request in writing by a majority
of its members. Such notice shall specify the objects and purposes
of such special meeting and no other business shall be transacted
except by unanimous consent of those present.
Notice
of all meetings of the Board of Governors stating time and place
of the meetings shall be forwarded by the Secretary-Treasurer to
each member of the Board at least ten days prior to any such meeting.
Five
(5) or more members of the Board of Governors shall constitute a
quorum.
Between meetings of the Board of Governors, the authority of the
Board shall be vested in an Executive Committee consisting of the
President, the Executive Secretary-Treasurer and three (3) members
or ex-officio members of the Board of Governors elected by the Board.
Three (3) or more members of the Executive Committee shall constitute
a quorum. Action of the Executive Committee shall be subject to
ratification by the Board of Governors at the next succeeding meeting
of the Board. (Added by amendment January 24, 1962). (As amended
April 5, 1978).
Any
dispute over the President's ability to serve or to resume service
shall be resolved by the Board of Governors at a special meeting
called under Article III, Section 6, of the By-Laws.
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Standing Committees
The
President shall appoint the following standing committees:
- Membership Committee
- Committee on Professional Responsibility and Grievances
- Committee on Law and Legislation
- Committee on Research and Education
- Auditing Committee
- The Chronicle Committee
(As amended May 30, 1990).
The Committee on Professional Responsibility and Grievances.
(a) It shall be
a function of the Committee on Professional Responsibility and Grievances
from time to time to recommend to the Board of Governors such revisions
of the Code of Professional Responsibility for Arbitrators as may
be deemed appropriate and to advise the membership and others by
written communication signed by the Chair of the Committee concerning
the application of the Code to particular situations. When the Committee
decides that a formal advisory opinion interpretive of the Code
should be issued, the Chair shall provide a copy to the Academy
Executive Secretary-Treasurer, who shall provide copies to the Board
of Governors and the Executive Committee. The opinion shall be thereafter
issued by the Committee, if it is approved by the Board of Governors.
At a meeting of
the Committee on Professional Responsibility and Grievances called
to consider Code revisions, a two-thirds (2/3) majority of the committee
present and voting, must approve any recommended change in the Code.
Following a vote of the Committee to recommend a Code change, the
Chair of the Committee, or designee, or both, shall meet with representatives
of the American Arbitration Association and the Federal Mediation
and Conciliation Service, to inform them of the recommended Code
change and to clear such changes with both agencies.
Following such exchange, the recommended change in the Code will
be presented to the Board of Governors. Upon approval by the Board
of Governors, the recommended change will be presented to the membership
at the next Annual Meeting for ratification. Upon a majority vote
of the membership present and voting, the Code change shall become
effective and shall be promulgated by the Academy Executive Secretary-Treasurer
to the full membership and the American Arbitration Association
and the Federal Mediation and Conciliation Service. (As amended
May 25, 1983 and May 23, 1984).
(b) It shall be
a function of the Committee on Professional Responsibility and Grievances,
in accordance with the procedures outlined below, to act upon charges
against a member for asserted violation of the Code of Professional
Responsibility for Arbitrators, or of Article VI, Section 6 hereof.
(As amended May 20, 1991).
(c)
STEP ONE. On receipt by the Academy from a member or any affected
person of a written charge that a member of the Academy has violated
the Code of Professional Responsibility for Arbitrators, or Article
VI, Section 6 hereof, the charge shall be referred to the Chair
of the Committee on Professional Responsibility and Grievances for
preliminary investigation. The Chair, or a member of the Academy
designated by the Chair, shall investigate the charge, using an
informal and conciliatory approach where appropriate. The Chair
or the designee may request the charged member to supply information
relevant to the charge, and the charged member shall comply promptly
and as fully as reasonably possible with such request. (As amended
May 21, 1991). At each stage of the
proceedings the complaining party and the charged member may designate
a personal representative.
(d) STEP
TWO. Based on the investigation of the Chair or that of the designee,
and after consultation with two other members of the Committee on
Professional Responsibility and Grievances, the Chair shall prepare
a brief written report finding either that
(a) there is probable cause to proceed further,
or
(b) the charges have not established probable
cause. Upon a finding of no probable cause, the Chair shall
notify both the complainant and the charged individual. The
Chair will endeavor to complete these preliminary steps within
45 days from the receipt of the complaint.
(e)
STEP THREE. Upon a finding of cause to proceed, the Chair shall
appoint a Hearing Officer from among the members of the Committee
on Professional Responsibility and Grievances. The Hearing Officer
shall supply the charged member with the written charges, specifying
the particular provisions of the Code which relate to those charges,
or of Article VI, Section 6 hereof. The charged member shall within
twenty-one (21) days submit to the Hearing Officer a written statement
responding to the charges. Should the charged member fail to respond
to the request of the Hearing Officer, the presumption of the Hearing
Officer shall be that the charge as presented has not been denied.
(As amended May 21, 1991).
If the facts are
not in dispute, the Hearing Officer may make a determination based
on the written record. Under those circumstances, the Hearing Officer
shall render a decision based on the evidence submitted and the
relevant standards set forth in the Code.
Should the Hearing
Officer find that there are factual matters in dispute, the Hearing
Officer shall establish a suitable time and place for a formal hearing
on the charges. The charged member and the complainant shall be
given at least thirty (30) days' notice of such scheduled hearing.
The hearing shall be private and need not follow formal rules of
court procedure but shall be so conducted as to assure the charged
member a fair hearing including the right of confrontation. A transcript
or tape recording shall be made of the hearing at the expense of
the Academy. The Hearing Officer has the right to grant extensions.
The charged member has the right to waive a formal hearing, if desired.
Upon completion
of the hearing and the receipt of all documentary evidence, including
briefs, the Hearing Officer shall make a written report, which shall
include findings of fact and a decision as to the appropriate disposition
of the matter, along with the discipline, if any, to be imposed.
The Hearing Officer shall endeavor to complete the report within
forty-five (45) days of the close of the hearing.
The Hearing Officer shall proceed as follows:
(i) If the Hearing Officer finds that the charge has
not been proved by clear and convincing evidence, the complaint
shall be dismissed and both the complainant and the charged member
will be notified of this action by the Chair of the Committee, who
shall transmit a copy of the Hearing Officer's report to both persons.
(ii) If the discipline determined to be appropriate
by the Hearing Officer is either advice or censure, such decision
shall be conveyed to both the charged member and the complainant
by the Chair of the Committee together with a copy of the report.
(iii) If the Hearing Officer believes that discipline
more severe than advice or censure may be appropriate, the Hearing
Officer shall consult with two past presidents of the Academy before
arriving at a decision. Following such consultation, if the Hearing
Officer decides that suspension or expulsion from the Academy is
the proper discipline, that determination shall be transmitted to
the charged member and the complainant by the Chair of the Committee
together with a copy of the report.
After receiving
the advice of the Committee on Professional Responsibility and Grievances,
the Board of Governors shall establish rules specifying the mandatory
terms of expulsion or suspension and those terms that the Hearing
Officer shall have the discretion to impose. Such rules may provide
for notice to appointing agencies. They shall be effective upon
adoption, subject to amendment or repeal by the Board of Governors
upon recommendation of the Committee on Professional Responsibility
and Grievances. Nothing herein is intended to involve the Board
of Governors in the consideration of individual cases.
(f) STEP
FOUR. The decision of the Hearing Officer, whether to discipline
or dismiss, shall be final unless an appeal is taken. Should either
the complainant or the charged member appeal the decision of the
Hearing Officer, that appeal shall be directed to a Tribunal of
three (3) Academy members appointed by the President of the Academy
with the consent of the Board of Governors. The appeal must be submitted
within thirty days of receipt of the decision and shall include
the rationale for the appeal. The original members of the Tribunal
shall be appointed for staggered terms of two (2), three (3) and
four (4) years and thereafter for three-year terms. An alternate
member of the Tribunal may be designated by the President of the
Academy in the event of a conflict of interest or the unavailability
of a member of the Tribunal for a particular appeal.
The Tribunal shall
review all material pertinent to the charge and decide whether to
uphold the dismissal or discipline imposed based on the appellate
record and not on a de novo proceeding. The Hearing Officer's findings
of fact shall be deemed final if supported by substantial evidence.
The determination of a violation of the Code, or of Article VI,
Section 6 hereof, shall be based on clear and convincing evidence.
(As amended May 21, 1991).
The decision of
the Tribunal shall be final and conclude the proceedings. The Tribunal
shall endeavor to complete its determination of the appeal within
forty-five (45) days. Its written decision shall be conveyed to
both the charged member and the complainant.
Where the final
official action on a charge or charges is a finding that the charge
has been proved and that discipline no more severe than advice or
censure is appropriate, notice of that action shall be given only
to the member and the complainant.
Where the final
official action on a charge or charges is a finding that the charge
has been proved and that suspension or expulsion is appropriate,
notice of the action shall be given to the offending member and
the complainant; in addition, the Executive Secretary-Treasurer
of the Academy will advise the membership of the Academy of the
name of the member disciplined, the nature of the offense committed,
and the discipline imposed. In any of these cases the circumstances
surrounding the final action may form the basis for an Opinion by
the Committee which, if issued, shall not identify any of the parties
involved. (Approved by the Board of Governors, May 26, 1992).
The charged member
shall have the right at any time to terminate the proceedings by
resigning from the Academy. In that circumstance, a record of the
matter shall be kept by the Chair of the Committee on Professional
Responsibility and Grievances. In the event of a re-application
by the member, the information and record shall be disclosed to
Academy members considering such applica-tion. (As amended May 25,
1983, and June 4, 1986).
The President shall appoint such Special Committees as may be deemed
necessary and advisable from time to time by the President in the
furtherance of the objects and purposes of this Academy or as voted
by the membership at any Annual Meeting. Nothing herein contained
shall be so construed as to limit the power of the Board of Governors
to appoint such sub-committees as it may deem necessary in the furtherance
of the power conferred upon it under the Constitution.
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Dues
Dues statements shall be distributed to the members as of June 10
of each year. Dues shall be returned to the Executive Secretary-Treasurer
by July 15 of each year. Members who have not paid as of such date
shall be notified that they are in arrears, and unless payment is
made within sixty (60) days of such notification, they shall be
required to pay a $100.00 late fee. Those members who fail to pay
their dues within this sixty (60) day period shall be notified that
they are to pay the late fee and that if the dues and late fee are
not received by the Executive Secretary-Treasurer one week prior
to the mid-year meeting of the Board of Governors, they shall be
subject to suspension by the Board of Governors. Any member suspended
by the Board of Governors for non-payment of dues and the late fee
shall be automatically reinstated upon payment of all arrears within
thirty (30) days of such suspension. After the lapse of such thirty
(30) days, reinstatement may occur only by vote of the Board of
Governors. (As amended April 26, 1975; April 5, 1978; May 23, 1984
and May 31, 1989).
The Board of Governors may at its discretion authorize the waiver
of dues from members who have become inactive as arbitrators. (As
amended January 29, 1960).
The annual
dues may be changed by resolution of the Board of Governors, subject
to ratification by a majority vote of the membership of the Academy
at an Annual Meeting or at a special meeting called for that purpose.
(Added by amendment January 24, 1962).
The dues
of members upon whom membership is conferred at the Academy's National
Fall Education Conference shall, for the remainder of that membership
year, be one-half the amount of the regular dues for that full membership
year. The time intervals and procedures in Article V, Section 1,
adjusted to the period between the Fall Conference and the Annual
Meeting, shall apply to their dues obligations. (Added by amendment
June l, 1988).
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Membership
Application for membership shall be filed with the Chair of the
Membership Committee on an approved form which shall contain a statement
to the effect that the applicant is familiar with the Code of Professional
Responsibility for Arbitrators, subscribes to the Code, and agrees
to be bound by the provisions of the Constitution and By-Laws prescribing
procedures for determining whether members have adhered to the Code.
(As amended April 29, 1975).
In considering applications for membership, the National Academy of Arbitrators will apply the following standards: (1) the applicant should be of good moral character, as demonstrated by adherence to sound ethical standards in professional activities. (2) The applicant should have substantial and current experience as an impartial neutral arbitrator of labor-management disputes, so as to reflect general acceptability by the parties. (3) As an alternative to (2), the applicant with limited but current experience in arbitration should have attained general recognition through scholarly publication or other activities as an important authority on labor-management relations. (Added by Amendment May 26, 2007)
The Academy shall adopt, maintain and publish a policy on membership which shall set forth a threshold number of countable cases for consideration of an application. Meeting such threshold does not guarantee admission or that an applicant has satisfied the criterion of general acceptability. (Added by Amendment May 26, 2007)
At least thirty (30) days prior to the approval or disapproval of
an application by the Membership Committee, the Committee shall
send to each member a statement of the qualifications of the applicant.
(As amended January 29, 1960).
Upon completion of the review of an application and following a
majority vote of those present at a meeting called for the consideration
of such application, the Membership Committee shall submit its recommendations
to the Board of Governors.
The Board of Governors shall act on the recommendations of the Membership
Committee at any regular meeting of the Board or at a special meeting
called for that purpose. Approval of a recommendation shall require
a two-thirds (2/3) vote of those present. Membership in the Academy
shall be conferred upon an applicant previously approved by the
Board, and who remains eligible for membership, on the occasion
of the applicant's attendance and presentation at the Business Session
of any succeeding Annual Meeting or, at a plenary session of any
succeeding National Fall Education Conference. (As amended June
l, 1988).
(Added by Amendment April 29, 1975).
(a) The Executive Secretary-Treasurer shall send
written notification to each applicant whose application for membership
has been denied by the Board of Governors within sixty (60) days
after the meeting of the Board at which the decision for denial
was made. Such notice shall include a brief statement of the reason
or reasons for denial of the application.
(b) An application for membership shall not be
deemed denied upon the decision of the Board (i) to table the
application for action at a later regular or special meeting of
the Board or (ii) to remand the application to the Membership
Committee for reconsideration. The Chair of the Membership Committee
shall send written notification of such action to the applicant
within sixty (60) days after the meeting of the Board at which
such action was taken.
(c) In the case of denial of an application
for membership by the Board of Governors, the applicant who wishes
to appeal said denial may elect either, but not both, of the following
courses of action:
(i) Within sixty (60) days after notification
by the Executive Secretary-Treasurer of said denial, an applicant
may request the Membership Committee to reconsider the application.
Such request shall be made in writing to the Executive Secretary-Treasurer
and may include such written statements, documents or other
tangible evidence as the applicant deems pertinent. The Committee
shall proceed thereafter to reconsider the application for membership
in the manner provided in Section 3 of this Article. Subsequent
action by the Board upon the Committee's recommendations as
provided in Section 4 of this Article shall be deemed conclusive.
(ii) Within sixty (60) days after notification
by the Executive Secretary-Treasurer of said denial, an applicant
may make a request through the President for a Hearing at which
evidence may be produced and the application for membership
can be reviewed. Such request shall be made in writing to the
Executive Secretary-Treasurer. The President shall have sole
discretion to appoint for said Hearing either a single Hearing
Officer or a Hearing Committee consisting of three (3) persons
to receive evidence and review the application. If a Hearing
Committee is appointed, the President shall designate one of
its members as chair; a quorum shall consist of two members
and any findings and recommendations of the Committee need not
be unanimous.
The Hearing Officer
and the members of the Hearing Committee shall be members in good
standing of the Academy, but none of them shall be members of
the Membership Committee which acted upon the applicant's application
for membership. Any one or more of them may be officers of the
Academy or members of its Board of Governors.
At least thirty
(30) days prior to the Hearing, the Executive Secretary-Treasurer
shall send the applicant written notice of the time and place
of the Hearing and shall state whether a Hearing Officer or a
Hearing Committee has been appointed by the President. A copy
of such notice shall be sent to the Chair of the Membership Committee.
Any Hearing held
pursuant to this sub-section (ii) shall be private. The applicant
may be represented by counsel and shall have the opportunity to
present such evidence as may be relevant to the reconsideration
of the application for membership. The Membership Committee may
also appear, by counsel or by any of its members, and present
relevant evidence. Evidence may be presented in written or oral
form and testimony may be adduced from witnesses; however, formal
rules of evidence shall not apply. The Hearing Officer or the
Chair of the Hearing Committee shall make such rulings with respect
to procedure and conduct of the Hearing, including the use of
a transcript, continuances and postponements, as will assure a
fair, orderly and impartial proceeding.
Within sixty
(60) days after the Hearing has been concluded, the Hearing Officer
or Hearing Committee shall send findings and recommendations to
the Executive Secretary-Treasurer. Within twenty (20) days after
receipt of the findings and recommendations, the Executive Secretary-Treasurer
shall forward copies thereof to the applicant and the Chair of
the Membership Committee. Within sixty (60) days of the mailing
by the Executive Secretary-Treasurer of the findings and recommendations,
the applicant may submit a written statement respecting such findings
and recommendations to the Executive Secretary-Treasurer for consideration
by the Board of Governors.
The Board of
Governors thereafter shall act upon the applicant's request for
reconsideration in accordance with Section 4 of this Article and
such action by the Board shall be deemed conclusive.
(d) All notices provided to the applicant pursuant
to this Section 5 shall be mailed to the applicant at the address
provided in the application for membership; provided, however,
that if the applicant notifies the Executive Secretary-Treasurer
by registered or certified mail of a change of address, all subsequent
notices shall be mailed to the applicant at the address provided.
Except where otherwise indicated herein, all time periods shall
commence with the date of mailing. (As amended April 5, 1978).
(Added
by Amendment April 21, 1976).
Pursuant to the
membership policy adopted on April 21, 1976, the Academy deems it
inconsistent with continued membership in the Academy:
a) for any member who has been admitted to membership
since April 21, 1976, to undertake thereafter to serve partisan
interests as advocate or consultant for Labor or Management in
labor-management relations or to become associated with or to
become a member of a firm which performs such advocate or consultant
work;
b) for any member to appear, from and after
April 21, 1977, in any partisan role before another Academy member
serving as a neutral in a labor-relations arbitration or fact-finding
proceeding.
Any charges or
complaints alleging a violation of either of these policy statements
shall be referred to the Committee on Professional Responsibility
and Grievances under Article IV, Section 2. (As amended May 20,
1991).
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Nominating Committee
On or before the 15th day of September preceding the Annual Meeting,
the President shall designate a Nominating Committee consisting
of seven (7) members. The names of the Nominating Committee shall
be announced promptly to the membership. The Nominating Committee
shall select one or more candidates for each vacancy, and shall
report its selections to the President on or before the 15th day
of November preceding the Annual Meeting. After receipt of the report
of the Nominating Committee, the President shall announce promptly
to the membership of the Academy the names of the candidates selected
by the Nominating Committee. (As amended April 21, 1976 and May
28, 1992).
(Added
by amendment May 26, 1982). Other candidates for office (except
for the office of President) may thereafter be nominated by members
of the Academy. To be valid, a nomination must be made in writing
by at least 30 (thirty) members in good standing and must be filed
with the Executive Secretary-Treasurer, either as a single petition
or as separate petitions, at least sixty (60) days prior to the
Annual Meeting at which the election is to occur. If nominations
have been made within the period specified, the President shall
promptly announce to the membership of the Academy the names of
said nominees.
(Added
by amendment May 26, 1982). Elections for President-Elect and Executive
Secretary-Treasurer: Each member present shall be entitled to cast
one (1) vote for each office. If no candidate receives a majority
of the votes cast, a second ballot shall then be held between the
two candidates who received the highest number of votes. The candidate
then receiving the highest number of votes shall be declared elected.
Elections for Vice-Presidents
and Board of Governors: Each member present shall be entitled to
cast multiple votes on a single ballot as follows: The number of
votes cast on such ballot for each office shall be no more than
the number of positions being filled for that office. The candidates
receiving the most votes (but not less than one-half [1/2] of the
number of ballots cast) shall be deemed elected. A second ballot
shall be conducted as to any positions not filled by the first ballot.
The number of candidates shall be equal to twice the number of positions
remaining to be filled; the candidates shall be the un-elected candidates
who received the highest votes on the first ballot. Based on the
number of positions remaining, the members present shall be entitled
to cast multiple votes on the second ballot; the requisite number
of candidates receiving the highest votes shall be deemed elected.
(Added by amendment May 26, 1982). In the event there is a contest
for an office or offices, such candidates shall have the right to
set forth their qualifications and views in a statement of reasonable
length which is to be mailed to the membership by the Executive
Secretary-Treasurer at the Academy's expense at least three (3)
weeks prior to the Annual Meeting. In lieu thereof, said statement
or statements may be printed in the Chronicle, provided,
however, that said Chronicle is mailed to the membership
within the time limit specified above.
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Regions
(Added by amendment May 23, 1984)
Members
of each region shall elect their own Chair each year and report
the name of the person chosen to the President-Elect of the Academy
before the start of the business session at the Annual Meeting.
If an election has not been held and a report communicated to the
President-Elect by the start of the business session at the Annual
Meeting, the President-Elect shall appoint a person in that region
to serve as Chair for that year.
Any region desiring to establish by-laws may do so, provided:
(a) that the text of the proposed
by-laws is sent to all members of the region and approved by a
majority of the members by mail ballot;
(b) that the proposed regional
by-laws are approved by the Board of Governors as consistent with
the National Constitution and By-Laws; and
(c) that the payment of any regional
dues is voluntary.
Regions shall not sponsor public functions, either alone or in conjunction
with other organizations, except with the prior approval of the
President of the Academy. This proscription shall not preclude the
inclusion of family members, personal friends, students, interns,
non-member arbitrators and guest speakers in a regional meeting
of Academy members.
Regions shall not adopt a public policy position either as a region
or in the name of the National Academy of Arbitrators. Any region
may request the National Academy of Arbitrators, through a communication
directed to the President and to the Executive Secretary-Treasurer,
to adopt a position favored by the membership of that region.
A National Coordinator of Regional Activities shall be appointed
by the President annually, but the same person shall not serve longer
than three (3) consecutive years. The Coordinator shall report to
the Board of Governors and to the membership at the Annual Meeting
on the state of regional activities.
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Reserve Fund
(Added by amendment May 30, 1990)
A Reserve Fund of two hundred thousand dollars ($200,000)
is hereby established and shall be maintained by the Board of Governors.
No part of the principal of the Reserve Fund may be utilized for
any purposes unless authorized by a two-thirds (2/3) affirmative
vote of the Board of Governors.
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