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Constitution - Teamsters Local 399

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ART. XIX, SEC. 4<br />

other subordinate body so charged. If the charges are<br />

against the <strong>Local</strong> Union the trial shall be by the<br />

Executive Board of the Joint Council; provided that if a<br />

<strong>Local</strong> Union is not affiliated with a Joint Council due to<br />

the fact that no Joint Council exists with which such<br />

<strong>Local</strong> Union can affiliate, the trial shall be by the<br />

General Executive Board. If the charges are against a<br />

Joint Council or other subordinate body, the trial shall be<br />

before the General Executive Board. The provisions of<br />

this Section shall also be applicable when the Executive<br />

Board of the subordinate body is charged or is the charging<br />

party. In no event may a member of the charged<br />

<strong>Local</strong> Union or Joint Council be a member of the hearing<br />

panel. Selection of substitute members of the hearing<br />

panel shall be in accordance with the procedures set<br />

forth in Section 1 of this Article.<br />

(b). A <strong>Local</strong> Union shall be accorded thirty (30) calendar<br />

days time in which to appear for trial and submit<br />

its defense. In the case of a Joint Council or other subordinate<br />

body the time of trial shall be fixed by the<br />

General Executive Board. A verbatim record of any such<br />

trial shall be made in the manner selected by the hearing<br />

panel. Charges shall be sustained only by majority vote<br />

of the panel. Decisions shall be in writing, shall set forth<br />

the reasons for the body’s findings, and shall be rendered<br />

within ninety (90) calendar days after the matter has<br />

been heard.<br />

(c). Appeals from decisions on charges against <strong>Local</strong><br />

Unions or <strong>Local</strong> Union Executive Boards shall be taken<br />

to the General Executive Board and from it to the<br />

Convention. Appeals from decisions on charges against<br />

Joint Councils or other subordinate bodies shall be taken<br />

to the Convention by only the Joint Council or other subordinate<br />

body involved. In all other respects the proce-<br />

[ 143 ]

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