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Constitution - Teamsters Local 399

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ART. XIX, SEC. 1<br />

If both the President and Secretary-Treasurer of the<br />

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

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

remaining members of the <strong>Local</strong> Union Executive Board<br />

shall appoint the substitutes. In no event shall any<br />

involved officer or member serve on a hearing panel,<br />

participate in the selection of a substitute member of a<br />

hearing panel, or participate in the decision making<br />

process of the trial body. This prohibition shall apply to<br />

any proceeding conducted under Article XIX or any<br />

other Article of this <strong>Constitution</strong>.<br />

Charges by, against, or involving a majority of the<br />

members of a <strong>Local</strong> Union Executive Board shall be<br />

filed with the Secretary-Treasurer of the Joint Council<br />

for trial by the Joint Council Executive Board. Where<br />

there is no chartered Joint Council, reference in this<br />

Article XIX relating to trials and appeals by or before<br />

Joint Councils shall apply pursuant to Article XV to the<br />

appropriate existing State or Multi-State Conferences.<br />

(b). Whenever charges are preferred against any<br />

member or officer of a <strong>Local</strong> Union, the charges shall be<br />

filed in writing in duplicate with the Secretary-Treasurer<br />

of the <strong>Local</strong> Union, Joint Council, or General Executive<br />

Board which is to try the case. Prior to notifying a member<br />

or officer that charges are filed, the <strong>Local</strong> Union<br />

Executive Board, Joint Council Executive Board, or<br />

General Executive Board with which the charges have<br />

been filed shall review the charges and dismiss them if<br />

the charges have not been timely filed or if the act complained<br />

of does not constitute a violation subject to discipline<br />

under this <strong>Constitution</strong> or Bylaws of the appropriate<br />

union entity. If the charges are dismissed, the<br />

charging party shall be notified in writing and may<br />

appeal directly to the General President. Appeals from<br />

[ 136 ]

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