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Constitution - Teamsters Local 399

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ART. XIX, SEC. 2<br />

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

shall be appointed from among the delegates to the Joint<br />

Council in accordance with the same procedures set<br />

forth in Article XIX, Section 1(a), governing the<br />

appointment of substitutes on the <strong>Local</strong> Union Executive<br />

Board. No member of the Joint Council Executive<br />

Board or delegate shall serve on a panel considering an<br />

appeal from a decision involving members or officers of<br />

his <strong>Local</strong> Union.<br />

If a member of the General Executive Board is<br />

involved in a case as a party or witness or is unable<br />

to attend the meeting at which the General Executive<br />

Board decides the case, the remaining members of the<br />

General Executive Board shall be empowered to decide<br />

the case.<br />

(d). Failure of any interested party in any case to<br />

appear before any trial or appellate body at the time and<br />

place designated in the notice shall constitute a waiver of<br />

appearance and the trial shall proceed or the appeal be<br />

heard regardless of the absence of such party.<br />

If the charging party fails to appear in person before<br />

any trial or appellate body on the date set for trial or hearing,<br />

the charges shall be dismissed. Failure of the charging<br />

party to present evidence in support of the charges shall<br />

require dismissal of the charges. In either event, such dismissal<br />

shall constitute a final adjudication from which<br />

there can be no appeal, and after such dismissal the<br />

accused may not be retried on the same charges.<br />

(e). Any party to a case, regardless of whether such<br />

party is the accused or not, being aggrieved of a decision<br />

rendered in the case shall be entitled to the same<br />

rights of appeal as are hereinbefore provided for the<br />

accused.<br />

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