Re: Welcome Back to the WCHA Northern Michigan
Yep. When I first learned of it, that was exactly my thought. The NCHC schools can stick it to the WCHA on their way out the door. Legally, there are still 12 WCHA member schools who must continue to vote for changes to the league even if they already have one foot out the door.
A legal quirk to the by-laws.
However based in the principle that no active member should have their ability to vote on an issue raised during their tenure of active membership should be denied, even if it would not take effect during a time when they would be an active member.
*edit* it may not even be the NCHC's trying to purposely screw the WCHA. If seven of twelve schools abstain from voting, is a unanimous vote from the five remaining schools enough to pass the resolution? 5/12 is not 9/12.
Under normal rules of parliamentary procedure, those abstaining (or voting "present"*) are not counted as votes in regards to deciding a majority. In an assembly of 100 people present, and the vote is tallied at 1 yes, 0 no, 99 present, then the motion would carry 1-0 (as well as carrying as unanimous). In this case, assuming standard Robert's Rules apply, the vote would be 5-0 in favor, and the motion would carry, since 4 yeas (i.e. a 3/4 majority of the membership present and voting) were recorded.
However, any organization has the ability to set its own by-laws, and since the WCHA already requires a 3/4 majority in its by-laws, it's not safe to assume they operate under the standard Roberts' Rules. The WCHA could very well have said "It requires a 3/4 majority of the active membership", in which case it must be 9 yeas before the motion would carry, no matter what any member votes (for all we know, it may actually state in the by-laws that on matters of membership, abstentions are not permitted). Such conditions are not exactly desired in Robert's Rules, as it effectively turns abstentions into nay votes, and keeps voters from maintaining a neutral position, but there's nothing stopping anyone from enacting those rules.
That being said, of course, there'd be nothing (to my knowledge) that would prevent the 2013-14 WCHA from taking this vote at a time when its active membership is 5, and carrying forth a gentleman's agreement with Northern Michigan during the intervening period that the vote would be a formality. But I'm sure that's cold comfort to NMU, having to wait two years for an actual formal acceptance. And, of course, if the by-laws are changed, then this is all moot.
*Abstentions are typically recorded as a vote of "present" so that the votes are counted towards quorum.