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Constitution - Teamsters Local 399

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ART. XIX, SEC. 7<br />

are substantially the same or arise under the same circumstances<br />

as prior internal union charges against such<br />

member or officer, provided that a decision was rendered<br />

on those prior charges. Any charge based upon alleged<br />

misconduct which occurred more than five (5) years<br />

before the discovery of the conduct giving rise to the<br />

charge shall be rejected by the Secretary-Treasurer,<br />

except charges based upon the nonpayment of dues,<br />

assessments, and other financial obligations.<br />

Nothing herein shall preclude the General President<br />

with the approval of the General Executive Board, or the<br />

General Executive Board acting on its own initiative,<br />

from suspending a member or officer facing criminal or<br />

civil trial while the charges are pending. If exonerated<br />

the member or officer shall be made whole for all economic<br />

loss.<br />

(b). The basis for charges against members, officers,<br />

elected Business Agents, <strong>Local</strong> Unions, Joint Councils,<br />

or other subordinate bodies for which he or it shall stand<br />

trial shall consist of, but not be limited to, the following:<br />

(1). Violation of any specific provision of the<br />

<strong>Constitution</strong>, <strong>Local</strong> Union Bylaws or rules of<br />

order, or failure to perform any of the duties<br />

specified thereunder.<br />

(2). Violation of oath of office or of the oath of loyalty<br />

to the <strong>Local</strong> Union and the International<br />

Union.<br />

(3). Breaching a fiduciary obligation owed to any<br />

labor organization by any act of embezzlement<br />

or conversion of union’s funds or property.<br />

(4). Secession, or fostering the same.<br />

(5). Conduct which is disruptive of, interferes with,<br />

[ 147 ]

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