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Article 16 Discipline, Trials and Appeals Section 1. It shall become the duty of any member or any officer of this Union who may come to have either direct or indirect knowledge of the commission of any of the punishable offenses described in Article 15 by a member, to prefer charges against such member in writing. Section 2. All charges must be made in writing, stating with reasonable certainty what punishable offense under Section 1 of this Article was committed, the facts of the offense charged and the time and place of the occurrence. When the punishable offense involves other sections of this Constitution and By-Laws or of a Local Union constitution or sections of the Standard Agreement or Local Union agreement, the appropriate section of those constitution(s) or agreement(s) should be specifically referred to in the charges. The charges must be signed by the member making the charge and filed with the Recording Secretary. The member under charge must be considered innocent until found guilty. He/she can sit in meetings and remain in benefits until convicted of the charges provided, however, if he/she files a timely appeal, he/she can sit in meetings and remain in benefits until the General Executive Board renders a decision on his/her appeal. Section 3. When the charges have been made, the entire matter shall be referred to the Local Executive Board and the Executive Board will try, hear and determine said charges. The Executive Board shall set a trial date and the accused shall be served with a copy of the charges by the Secretary of the Executive Board or Business Representative personally or by registered or certified mail, together with a notice of hearing, specifying the date and place where the accused shall be required to stand trial. The hearing date shall not be less than ten (10) days (Saturday and Sundays included) from the date that the charges and notice of hearing are served upon the accused. When a member is served with charges and notice of hearing by registered mail, the letter shall be addressed to the last known address as shown on the books of this Local Union and shall constitute due notice to the accused member. The member may appear in person, and with witnesses, to answer the charges preferred against him/her. He/she may select a member of the Local Union as counsel to represent him/her in the presentation of his/her defense. Only fellow Union members can serve as his counsel at the hearing. He/she shall be entitled at all times during the conduct of the hearing, either personally or through his/her representative, to be present and be heard and shall be entitled to face the person filing such charges and any other witnesses testifying in support of the charge for the purpose of cross-examination of such party or other witnesses, either personally or through his/her representative. Section 4. After the close of the hearing, the Executive Board shall come to a decision. The Executive Board shall, orally or in writing, report its decision and the penalty, if any, to the Local Union at the membership meeting. At least seven (7) days prior to the meeting at which the Executive Board is to report its decision, the accused shall be notified in writing by the Secretary of the Executive Board that the decision will be presented. If the accused is found guilty by the Executive Board, the President shall pronounce the sentence and the President shall see that the sentence is enforced. If the member, after receiving the required notice, fails to appear at this meeting, the President shall still pronounce the sentence and the member shall be notified in writing of the Executive Board's decision. If an accused is found guilty by the Executive Board, it shall have discretionary power to impose any penalty it finds appropriate including, but not limited to a reprimand, a fine not to exceed $2,000, expulsion, suspension of membership, denial to hold any office permanently or for a fixed period, or command to do, or perform, or refrain from doing or performing specified acts Or any combination of the above. If the Executive Board imposes a suspension, the member shall be denied all rights and privileges of membership including voice or vote in the local union. If the Executive Board imposes expulsion, it shall set an assessment, which is not to exceed $2,000, against the member to indicate upon what terms the expelled member may again become a member in good standing. In addition, the Local may provide at the time penalty is imposed that if more than 6 months elapse between the expulsion order and the date the member tenders payment of the assessment, an application for reinstatement, and the proper initiation fees, that the member shall be liable for up to six (6) months back dues, payable at the current rate. The member must pay the assessment, the back dues and the Local’s initiation fee before becoming a member of the International Union and the Local Union. Such reinitiation shall become effective only with the approval of the local into which admission is sought. Section 5. If the accused member fails to appear, after service of the charges and notice of hearing are made upon him/her, the trial shall be postponed until the next trial session, which will be no more than 30 days. If said accused member fails to appear for the second trial session, the Local Executive Board may proceed to hearing and a determination of the charges and report its decision to the Local Union. Section 6. Whenever a majority of the members of the Executive Board of a Local Union are disqualified for any reason from acting on charges preferred against a member or charges against an officer for removal, then upon notice or application, the General President may appoint a Hearing Officer or Officers from the membership of the International Union to act in the place and instead of the Local Executive Board. The Hearing Officer or Officers so appointed shall render a decision to the Local Union in accordance with Section 6. Section 7. Every officer, member or Local Union of the International shall exhaust all remedies of appeal as provided by this Constitution before instituting any legal proceedings of any kind against the International or any Local Union. Section 8. When any member, officer or Local Union of the International Union, commits any violation of the provisions of this Constitution or policies or decisions of the International Union or any officer thereof, written charges may be filed against any accused member, officer or Local Union with the General Executive Board. The General Executive Board shall have original jurisdiction to conduct the trial on such charges. The General Executive Board shall have full discretionary power to accept, reject or may direct that the charges be referred to a Local Union to be acted upon in accordance with Sections 3, 4 and 5 of Article XVIII of the International Constitution & By-Laws. If the General Executive Board accepts the charges and finds that, at the same time charges have already been filed or hearings are pending before a Local Union dealing with the same subject matter as the charges over which the General Executive Board has required original jurisdiction under this section, the jurisdiction of such Local Union shall forthwith terminate and the Local Union shall, upon request of the General Executive Board, transfer all of its records and papers pertaining to the case to the General Executive Board. Upon acceptance of the charges, the General Secretary-Treasurer shall serve a copy of the charges by registered or certified mail upon the accused together with notice of the time and place of trial. The General Executive Board may, in its discretion as is set forth in Article XVIII, Section 8 of the International Constitution & By-Laws, have a trial under this section conducted before a panel of one or more hearing officers appointed from among the members of the General Executive Board or the membership of the International Union of Elevator Constructors. This panel, acting on behalf of the General Executive Board, shall conduct a hearing and make findings and recommendations for disciplinary action, if any, to the full membership of the General Executive Board for its final vote and decision. In any case under this section, if the accused is found guilty, the General Executive Board shall have full discretionary power to impose any penalty it finds appropriate including any penalty provided in Article XVIII, Section 5 of the International Constitution & By-Laws. Section 9. The member, officer or local found guilty of such charges has a right to an appeal to the following Convention, as provided for in Section 13. Section 10. An Appeal may be lodged with the International Executive Board by any member found guilty after trial in accordance with Section 3, by any officer removed under Article VI, and by a Local Union from a decision or order of suspension or expulsion made by the International President, provided such appeal is made on or before thirty (30) days of the act complained of. The International Executive Board shall thereafter render a decision on any such appeal. Section 11. On all appeals made to the General Executive Board, the General Executive Board shall have the power to affirm, reverse, modify or amend any decision or to enter such other new decision or penalty based upon the entire record as the General Executive Board, in its discretion, deems just and proper. The General Executive Board may in its discretion, on any appeal consider simply the record before it or it may consider additional oral or written evidence presented by the parties. The General Executive Board, in its discretion, may, on any appeal or any matter that comes before it, appoint or delegate one or more of its members to conduct a hearing on such matter or appeal. The member or members conducting such hearing shall make findings and recommendations to the full membership of the General Executive Board for its final vote and decision. On any appeal that comes before the General Executive Board, the member or local union involved may select a member as counsel, to represent the member or local union. Only members of the International Union can serve as counsel before the General Executive Board. Section 12. Any decision made by the International Executive Board shall be subject to appeal to the following Convention, if so desired, provided such appeal is made within sixty (60) days after notification of such decision is mailed to the parties. The period of sixty (60) days is to run from the date of mailing such decisions, but the decision shall be and remain effective for all purposes during the pendency of any such appeal and is to be carried out in any respect by all parties until the following Convention decides the appeal, or otherwise determines and directs. Section 13. This Article shall apply insofar as it is lawful under United States and Canadian Laws and in the event any part of this Article is unlawful, the General Executive Board shall take action in accordance with Article XVIII of the International Constitution. Back to Documents and Forms Page Back to Constitution and Bylaws Page |
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