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Constitution - Teamsters Local 399

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ART. XIX, SEC. 1<br />

Such charges must be filed with the Executive Board of<br />

the <strong>Local</strong> Union of which the accused is a member. The<br />

Executive Board may, at its discretion, decline to process<br />

the charges. However, a decision of the Executive Board<br />

not to process the charges may be appealed in accordance<br />

with the provisions of Section 2.<br />

(e). If the charges, or any portion thereof, are sustained,<br />

then the trial body shall render judgment and<br />

impose disciplinary actions as provided for in this<br />

<strong>Constitution</strong>. If the charges are not sustained, the same<br />

shall be dismissed. In order to be sustained, the charges<br />

must be supported by a preponderance of reliable evidence<br />

and a majority of the members of the panel must<br />

vote to find the charged party guilty. The decision of the<br />

hearing panel shall be in writing and shall set forth the<br />

reasons for the panel’s findings. This requirement shall<br />

apply to any hearing required under Article XIX.<br />

(f). Upon filing of such charges and if the same are of<br />

such magnitude and seriousness as to jeopardize the<br />

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

and in that event, the General President, if the matter is<br />

brought to his attention, may, if he deems it advisable,<br />

immediately suspend such officer from office in the<br />

<strong>Local</strong> Union until a decision has been rendered in the<br />

case. Any officer so suspended shall have the right to file<br />

an appeal with the General Executive Board. Upon<br />

reversal of the suspension, the officer shall be made<br />

whole for all economic loss.<br />

(g). Charges may be preferred against a suspended<br />

member or an inactive member who has been issued a<br />

withdrawal card. Such suspended member or inactive<br />

member on withdrawal may utilize the appellate procedures<br />

available under this <strong>Constitution</strong> with respect to<br />

[ 138 ]

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