Resolution Concerning ANA Dues

Approved by the NYSNA Board of Directors May 22, 2012

Whereas, on December 14, 2011, a hearing panel that was convened pursuant to the Constitution of the American Nurses Association (“ANA”) issued a decision suspending the constituent member status of the New York State Nurses Association (“NYSNA” or the “Association”) for one year commencing December 15, 2011; and

Whereas, the hearing panel’s conclusion that NYSNA had engaged in “dual unionism” by hiring the Interim Executive Director was without any legitimate legal or factual basis; and

Whereas, the Association vigorously appealed the hearing panel’s decision to the ANA Board of Directors; and

Whereas, on January 11, 2012, the Board of Directors decided that during the pendency of NYSNA’s appeal of the hearing panel’s decision, the Association would set aside dues monies that would have been paid to ANA but for the hearing panel’s decision; and

Whereas, on March 19, 2012, the ANA Board of Directors, in a decision that ignored NYSNA’s claim that there was no evidence whatsoever supporting a finding of “dual unionism,” sustained the decision of the hearing panel and affirmed the suspension of the Association’s ANA constituent member status for a one-year period; and

Whereas, a number of members of the Association have requested that the Association refund or rebate dues that NYSNA would have paid to ANA had ANA not suspended NYSNA from ANA constituent membership: therefore be it

Resolved, the Board of Directors interprets Article XVIII, Section 2, of the Association’s Bylaws to require the Association – not individual members of the Association – to pay ANA constituent member dues pursuant to Article II, Section 1.c.1.a. of the ANA Bylaws; and be it further

Resolved, that because individual members are obligated to pay NYSNA the full dues amount due under NYSNA’s dues policy, and inasmuch as the ANA dues obligation belongs to the Association, rather than to individual members, it would be inappropriate to refund or rebate any Association dues paid to NYSNA by individual members; and be it further

Resolved, that because the ANA Board of Directors has now affirmed the hearing panel’s decision, there is no need to continue to set aside the constituent member dues that would have been paid to ANA but for the unlawful suspension.