Constitution - Teamsters Local 399
Constitution - Teamsters Local 399 Constitution - Teamsters Local 399
ART. XIX, SEC. 14 any and all applicable provisions of law. (4) Shall have the authority to hire such staff, including investigators and attorneys, as it deems necessary to carry out its functions. (5) Shall issue, upon completion of an investigation, a written report detailing its findings, charges, and recommendations concerning discipline of officers, members, employees, and representatives, and concerning the placing in trusteeship of any subordinate body, which reports shall be available during business hours for public inspection at the International Union’s office in Washington, D.C. (c). (1) The Independent Review Board shall refer in writing any findings, charges, or recommendations regarding discipline or trusteeship matters to an appropriate Union entity for review, investigation, or action within the authority of that entity under this Constitution and applicable law. The Independent Review Board may designate any such matter as an original jurisdiction case for General Executive Board review. Copies of all written referrals shall be sent to the General President and General Executive Board. The Union entity to which the matter has been referred shall promptly take whatever action is appropriate under the circumstances and shall, within ninety (90) days of the referral, make written findings setting forth the specific action taken and the reasons for that action. (2) The Independent Review Board shall monitor all matters which it has referred for action. If, in the Review Board’s sole judgment, the Union entity [ 157 ]
ART. XIX, SEC. 14 to which a matter has been referred has not pursued or decided the matter in a lawful, responsible, or timely manner, or has implemented or proposed a resolution of the matter that is inadequate under the circumstances, the Review Board shall notify the Union entity involved of its view, and the reasons therefor, and provide a copy of such notice to the General President and General Executive Board. The Union entity so notified shall, within ten (10) days of receipt of the notice, set forth in writing any and all additional actions it has taken or will take to correct the defects set forth in the notice and specify a deadline by which said action will be completed. (3) Upon consideration of the Union entity’s written response, the Independent Review Board immediately thereafter shall issue a written determination concerning the adequacy of the additional action taken and/or proposed by the Union entity involved. If the Review Board concludes that the Union entity has failed to take or propose satisfactory action to remedy the defects set forth in the Review Board’s notice, the Review Board shall promptly convene a hearing on the matter, after notice to all affected parties. Parties to such hearings shall be permitted to present any facts, evidence, or testimony relevant to the issues before the Review Board. Hearings shall be conducted under rules and proceedings, generally applicable to labor arbitration hearings, to be established by the Review Board. In establishing such rules and procedures, the Review Board may incorporate procedural requirements contained elsewhere in this Article, together with such additional safeguards, [ 158 ]
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ART. XIX, SEC. 14<br />
any and all applicable provisions of law.<br />
(4) Shall have the authority to hire such staff, including<br />
investigators and attorneys, as it deems necessary<br />
to carry out its functions.<br />
(5) Shall issue, upon completion of an investigation,<br />
a written report detailing its findings, charges,<br />
and recommendations concerning discipline of<br />
officers, members, employees, and representatives,<br />
and concerning the placing in trusteeship<br />
of any subordinate body, which reports shall be<br />
available during business hours for public<br />
inspection at the International Union’s office in<br />
Washington, D.C.<br />
(c). (1) The Independent Review Board shall refer in<br />
writing any findings, charges, or recommendations<br />
regarding discipline or trusteeship matters<br />
to an appropriate Union entity for review, investigation,<br />
or action within the authority of that<br />
entity under this <strong>Constitution</strong> and applicable<br />
law. The Independent Review Board may designate<br />
any such matter as an original jurisdiction<br />
case for General Executive Board review. Copies<br />
of all written referrals shall be sent to the<br />
General President and General Executive<br />
Board. The Union entity to which the matter has<br />
been referred shall promptly take whatever<br />
action is appropriate under the circumstances<br />
and shall, within ninety (90) days of the referral,<br />
make written findings setting forth the specific<br />
action taken and the reasons for that action.<br />
(2) The Independent Review Board shall monitor all<br />
matters which it has referred for action. If, in the<br />
Review Board’s sole judgment, the Union entity<br />
[ 157 ]
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