SECTION 1. A charge by a member or members in good standing that a member or members have violated this Constitution or engaged in conduct unbecoming a member of the Union must be specifically set forth in writing and signed by the member or members making the charge. The charge must state the exact nature of the alleged offense or offenses and, if possible, the period of time during which the offense or offenses allegedly took place. Two (2) or more members may be jointly charged with having participated in the same act or acts charged as an offense or with having acted jointly in commission of such an offense and may be jointly tried.
SECTION 2. Charges must be submitted to the Recording Secretary of the Local Union within sixty (60) days of the time the complainant first became aware, or reasonably should have been aware, of the alleged offense, provided, that if the charges are against the Recording Secretary, they shall be submitted to the President of the Local Union, and provided further that charges preferred against one for acts or conduct detrimental to the interest of the Union or its members, committed while he/she was out of the Union on withdrawal card, shall be submitted within sixty (60) days from the time of the deposit of his/her withdrawal card. Notwithstanding the foregoing, charges alleging conduct under Sections 5(c) and 5(e) of this Article must be submitted within four (4) years of the time the complainant first became aware, or reasonably should have been aware, of the alleged offense.
SECTION 3. Upon charges being submitted, it is mandatory that a trial be held unless the charges are withdrawn by the accuser or considered by the Local Executive Board to be improper under this Article. Prior to the notification to a member that charges have been filed against him/her, the Local Executive Board shall review the charges and consider them improper if: (a) The charges do not state the exact nature of the alleged offense as required by SECTION 1 of this Article; (b) The charges are untimely under SECTION 2 of this Article; (c) The act complained of does not sustain a charge of a violation of the Constitution or conduct unbecoming a member of the Union; (d) The charges involve a question which should be decided by the membership at a membership meeting and not by the trial procedure. If, pursuant to the above, the charges are determined to be improper, the charging member shall be so notified in writing. The Local Executive Board’s decision may be appealed to the Committee on Appeals.
SECTION 4. A member against whom charges have been filed may be suspended pending trial from any elective or appointive office or position he/she may hold in his/her Local Union by a two-thirds (2/3) vote of the Local Executive Board.
SECTION 5. The following enumerated acts are set forth as typifying conduct unbecoming a member of the Union. This enumeration shall not be construed to exclude from disciplinary action other forms of unbecoming conduct. (a) Violation of any of the provisions of this Constitution, any collective bargaining agreement, or working rule of the Local Union; (b) Obtaining membership through fraudulent means or by misrepresentation; (c) Advocating or attempting to bring about the withdrawal or disaffiliation from the International Union of any Local Union or any member or group of members; (d) Maliciously publishing or circulating among the membership false reports or misrepresentations; (e) Working in the interest of or accepting membership in any organization dual to the International Union; (f) Wilfully wronging a member of the International Union; (g) Using abusive language or disturbing the peace or harmony of any meeting in or around any office or meeting place of the International Union or Local Union; (h) Fraudulently receiving any money due the organization or misappropriating the monies of the organization; (i) Charging interest directly or indirectly in excess of the legal rate of interest to fellow employees; (j) Using the name of the Local Union or of the International Union, or its emblem, for any unauthorized purpose; (k) Furnishing a complete or partial list of the membership of the International Union or of any Local Union to any person or persons other than those whose official position entitles them to have such a list; (l) Deliberately interfering with any official of the International Union in the discharge of his/ her duties; (m) Being a member, consistent supporter of or active participant in the activities of the Communist Party, or of any Fascist, Totalitarian or other subversive organization which opposes the democratic principles to which our Nation and our Union are dedicated; (n) By act, omission or conduct prejudicing or damaging the interests and welfare of the International Union or of his/her Local Union.
TWU |
TRANSPORT WORKERS UNION OF AMERICA AFL-CIO 501 3rd. St. NW 9th Floor Washington, D.C. 20001 202-719-3900 OFFICE 202-347-0454 FAX |
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