Constitution - Teamsters Local 399

Constitution - Teamsters Local 399 Constitution - Teamsters Local 399

14.01.2014 Views

ART. XVIII, SEC. 7-ART. XIX, SEC. 1 injurious to union principles. Also, if the Local Union is paying benefits and the inactive member has fallen into bad health or is liable to become a charge against the Local Union or International Union, acceptance of the withdrawal card can be refused by the Local Union. Likewise acceptance of a withdrawal card may be refused where adverse employment conditions exist. Given under our hands and the seal of Local Union No. . . . . . . , this . . . . day of . . . . . . . . . . . . , 20 . . . . . (SEAL) . . . . . . . . . . . . . . . . . . . . . . . . . , Secretary-Treasurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , President. Article XIX TRIALS AND APPEALS Trials of Local Union Officers and Members Section 1(a). A member or officer of a Local Union charged by any other member of the Local Union with any offense constituting a violation of this Constitution shall, unless otherwise provided in this Constitution, be tried by the Local Union Executive Board. If the member charged or preferring the charges is a member of such Board, or if a member of the Local Union Executive Board is unable to attend the hearing for any reason, then the principal executive officer of the Local Union shall appoint an uninvolved member as a substitute. If either the President or Secretary-Treasurer of the Local Union is charged or is preferring the charges, or is unable to attend the hearing for any reason, the other officer shall appoint the substitute. [ 135 ]

ART. XIX, SEC. 1 If both the President and Secretary-Treasurer of the Local Union are charged or are preferring the charges, or for any reason are unable to attend the hearing, the remaining members of the Local Union Executive Board shall appoint the substitutes. In no event shall any involved officer or member serve on a hearing panel, participate in the selection of a substitute member of a hearing panel, or participate in the decision making process of the trial body. This prohibition shall apply to any proceeding conducted under Article XIX or any other Article of this Constitution. Charges by, against, or involving a majority of the members of a Local Union Executive Board shall be filed with the Secretary-Treasurer of the Joint Council for trial by the Joint Council Executive Board. Where there is no chartered Joint Council, reference in this Article XIX relating to trials and appeals by or before Joint Councils shall apply pursuant to Article XV to the appropriate existing State or Multi-State Conferences. (b). Whenever charges are preferred against any member or officer of a Local Union, the charges shall be filed in writing in duplicate with the Secretary-Treasurer of the Local Union, Joint Council, or General Executive Board which is to try the case. Prior to notifying a member or officer that charges are filed, the Local Union Executive Board, Joint Council Executive Board, or General Executive Board with which the charges have been filed shall review the charges and dismiss them if the charges have not been timely filed or if the act complained of does not constitute a violation subject to discipline under this Constitution or Bylaws of the appropriate union entity. If the charges are dismissed, the charging party shall be notified in writing and may appeal directly to the General President. Appeals from [ 136 ]

ART. XVIII, SEC. 7-ART. XIX, SEC. 1<br />

injurious to union principles. Also, if the <strong>Local</strong> Union is<br />

paying benefits and the inactive member has fallen into<br />

bad health or is liable to become a charge against the<br />

<strong>Local</strong> Union or International Union, acceptance of the<br />

withdrawal card can be refused by the <strong>Local</strong> Union.<br />

Likewise acceptance of a withdrawal card may be<br />

refused where adverse employment conditions exist.<br />

Given under our hands and the seal of <strong>Local</strong> Union<br />

No. . . . . . . , this . . . . day of . . . . . . . . . . . . , 20 . . . . .<br />

(SEAL)<br />

. . . . . . . . . . . . . . . . . . . . . . . . . , Secretary-Treasurer.<br />

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , President.<br />

Article XIX<br />

TRIALS AND APPEALS<br />

Trials of <strong>Local</strong> Union Officers and Members<br />

Section 1(a). A member or officer of a <strong>Local</strong> Union<br />

charged by any other member of the <strong>Local</strong> Union with<br />

any offense constituting a violation of this <strong>Constitution</strong><br />

shall, unless otherwise provided in this <strong>Constitution</strong>, be<br />

tried by the <strong>Local</strong> Union Executive Board. If the member<br />

charged or preferring the charges is a member of<br />

such Board, or if a member of the <strong>Local</strong> Union<br />

Executive Board is unable to attend the hearing for any<br />

reason, then the principal executive officer of the <strong>Local</strong><br />

Union shall appoint an uninvolved member as a substitute.<br />

If either the President or Secretary-Treasurer of the<br />

<strong>Local</strong> Union is charged or is preferring the charges, or is<br />

unable to attend the hearing for any reason, the other<br />

officer shall appoint the substitute.<br />

[ 135 ]

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