SECTION 1. In the event that the Local Executive Board decides that the charges warrant a trial, the Local Executive Board shall elect a Trial Committee of three members in good standing and shall designate a member in good standing to present the charges before the Trial Committee. The members of the Trial Committee shall be selected by the Executive Board specifically for the trial of such charges and no officer or member who is a party or directly interested in such charges shall act as member of the Trial Committee.
SECTION 2. Promptly after the selection of the Trial Committee, the Recording Secretary shall mail a copy of the charge, by registered mail, to the accused member at his/her last known address, together with a statement containing the names of the Trial Committee and the time and place of the hearing, which shall be not less than one (1) week nor more than four (4) weeks after the mailing of the notice. Such information shall also be given to the member or members who prefer charges.
SECTION 3. The accused may challenge any member of the Trial Committee on the ground that he/she is a party to or directly interested in such charges. The challenge must be made to the Local Executive Board within one (1) week after notification to the accused of the names of the Trial Committee. If the challenge is sustained, the Local Executive Board shall replace the challenged member of the Trial Committee and a new trial date set if necessary to afford the accused reasonable notice.
SECTION 4. The accused shall have the right to be represented before the Trial Committee by any member of the Local Union in good standing. In the event that the accused fails to appear at the hearing at the time and place provided in the notice served upon him/her, and presents no acceptable excuse for absence, the hearing shall proceed with the same force and effect as if he/she were present.
SECTION 5. Within seven (7) days after the conclusion of the hearing, the Trial Committee shall report its f indings and recommendations to the Local Recording Secretary.
SECTION 6. The Local Executive Board shall take such action on the report of the Trial Committee as it may deem proper, and, in the event the accused is found guilty of the charges preferred against him/ her, shall impose such uniformly applied penalties as in its judgment it may deem fitting and proper and including ineligibility to hold any office or appointive position in the Local or International Union for a period not exceeding three years.
SECTION 7. If any officer of the Local Union is found guilty of charges preferred against him/ her, the Local Executive Board may remove him/ her from office in addition to any other uniformly applied penalty it may impose including ineligibility to hold any office or appointive position in the Local or International Union for a period not exceeding three years.
SECTION 8. The decision of the Local Executive Board shall be communicated in writing, registered mail, by the Recording Secretary to the accused within seven (7) days after the meeting of the Board.
SECTION 9. A member who has been found guilty of charges preferred against him/her pursuant to this Article shall have the right to appeal to the International Committee on Appeals, provided that he/she files a notice of appeal with the International Secretary- Treasurer within fifteen (15) days after receipt of the decision of the Local Executive Board. The notice of appeal shall consist of: (a) a copy of the charges preferred against him/ her; (b) a copy of the decision of the Local Executive Board; and (c) the appellant’s statement of reasons why the decision of the Local Executive Board should be set aside or the penalty modified.
SECTION 10. Any higher body to which an appeal from the decision of the Local Executive Board is made shall have the authority to affirm or reverse the decision, or to modify the decision, or to order a new trial.
SECTION 11. A member who is under suspension from membership, including a temporary suspension pending hearing or trial, shall be required to pay all dues during the period of suspension.
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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