ARTICLE 74
CHARGES AND TRIALS - OFFICERS, COMMITTEEPERSONS,
AND MEMBERS OF LOCALS, GENERAL COMMITTEES OF
ADJUSTMENT, AND LEGISLATIVE BOARDS
1		(a) Charges may be preferred against a local officer,
2 	committeeperson, or member for failure to fulfill the obligations and
3 	responsibilities imposed upon them by this Constitution and/or the by
4 	laws	 of the local.
5		Charges must be made in writing and shall clearly specify the
6 	alleged offense(s) together with the article(s) of this Constitution
7 	and/or those portions of the local by-laws, which it is alleged have been
8 	violated.
9		Charges must be signed by the party preferring them. He/she shall
10 	then forward the charges by certified mail to the Secretary of the local
11 	in which the accused holds membership unless the alleged offense was
12 	committed under the jurisdiction of another local, in which case the
13 	charges will be sent to the Secretary of that local.
14 	A local officer or committeeperson against whom charges have


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15	been preferred shall continue in office while under charges unless
16	otherwise voted by the local.
17		A member shall not be suspended for non-payment of dues while
18	under charges. The local Treasurer is authorized to pay such
19	membership dues from the local fund until the charges have been tried
20	and determined. The money involved will be considered as a loan to
21	the member and unless repaid on or before a day designated by the
22	local the member will be suspended for non-payment of dues.
23		The local will consider the charges at its first regular meeting
24	following their receipt by the Secretary of the local and unless charges
25	are found to be completely lacking in substance or merit the local will
26	accept the charges and authorize a trial.
27		A Trial Board consisting of five (5) members of the local working in
28	the craft of the accused shall be elected by the local and the Trial Board
29	shall elect from its members a Chairperson and a Secretary and
30	proceed to try the case. Within three (3) days of their first meeting the
31	Secretary of the Trial Board shall send to the accused by certified mail a
32	copy of the charges and notice of the date, time, and place of trial.
33	The date selected for the trial must permit not less than fifteen (15)
34	days' advance notice to both parties involved in the trial. The trial shall
35	be held within thirty (30) days from the meeting at which the charges
36	were presented.
37		The Secretary of the Trial Board shall send by certified mail the
38	same information relative to the trial to the party preferring the charges
39	along with instructions to attend the trial for the purpose of submitting
40	evidence and testimony in support of the charges and to participate in
41	cross-examination by or on behalf of the accused.
42		The majority of the Trial Board shall constitute a quorum and, in
43	the absence of a quorum, no trial shall be held and the Trial Board will
44	report the circumstances to the local at its next meeting. If the local
45	elects to continue the trial the Chairperson of the Trial Board will then
46	set another date for the trial and notify all parties involved of the time,
47	place, and date of the rescheduled trial which shall be held within thirty
48 	(30) days.
49		No member of a Trial Board shall be directly or indirectly involved
50 	as a party, witness, or otherwise in the conduct giving rise to the
51 	charges preferred against the accused. In the event any of the
52 	members of a Trial Board are so involved they shall be disqualified to
53 	sit and the local shall elect a substitute member.
54		Each party to a trial shall have the privilege of designating any
55 	party, except a party involved in the charges or proceedings, to act as
56 	his/her representative or counsel in the trial proceedings.
57		The party preferring the charges shall deliver in writing to the
58 	Chairperson of the Trial Board a list of the names of witnesses which
59 	he/she intends to call in support of the charges. He/she shall furnish a
60 	copy of such list to the accused and shall also act as prosecutor in the
61 	case either in person or through his/her counsel or representative.
62	For good cause any party may request a postponement of the date


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63	set for trial. Such request shall be addressed to the Chairperson of the
64	Trial Board and shall be subject to approval or rejection within the
65	discretion of the members of the Trial Board. Such postponement shall
66	not exceed ninety (90) days.
67		Should the accused fail to appear for trial after being notified as
68	prescribed in the foregoing, should he/she appear but refuse to comply
69	with the rules for the conduct of the trial prescribed by this
70	Constitution, the local by-laws, or the Trial Board, or should he/she
71	engage in conduct designed to obstruct the trial, the Trial Board shall
72	proceed to conduct the trial in his/her absence. The accused, the party
73	preferring charges, counsel or other representative for either party, or
74	any witnesses who are guilty of misconduct before the Trial Board shall
75	be excluded thereafter from the trial proceedings and the trial shall
76	continue in their absence.
77		The Trial Board shall arrange for a transcript of the trial
78	proceedings. A copy of the transcript shall be furnished to each party
79 	without cost.
80		Both parties to the trial shall be given full opportunity to present
81 	any witnesses and all relevant evidence and exhibits which they deem
82 	necessary to a proper presentation of their case and shall be entitled to
83 	cross-examine witnesses of the other party. Should a witness be
84 	unable to attend any trial session of the Trial Board, the evidence of
85 	such witness may be taken in deposition form before a notary public or
86  	other civil officer authorized to administer oaths. Said deposition shall
87 	be admissable evidence at the trial proceedings provided the adverse
88 	party or his/her counsel is given the opportunity of being present and
89 	cross-examining the witness when the deposition is taken.
90		Before giving testimony, any witnesses who are members of the
91 	United Transportation Union shall be required to make the following
92 	affirmation:
93		"Do you solemnly affirm upon your honor as a member
94		of the United Transportation Union that the evidence to
95		be given by you in this case shall be the truth and
96		nothing but the truth?"
97		All persons shall be excluded from trial sessions except the
98 	members of the Trial Board, parties to the trial and their counsel or
99 	representative, the witness who is testifying, and the reporter or person
100 	transcribing the testimony.
101		After all evidence has been presented and arguments made by all
102 	parties or their counsel, the Trial Board shall conclude the trial and, as
103 	soon as practicable, assemble in executive session for consideration of
104 	its decision.
105		The Trial Board shall render its decision in writing within fifteen
106 	(15) days following the date upon which the trial was concluded. If the
107 	accused is found guilty, the Trial Board shall fix the penalty to be
108 	assessed which shall be reprimand, removal from office, suspension, or
109 	expulsion from membership. Such decision shall contain a statement of
110 	pertinent facts involved, the violations charged, and the penalty to


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1ll	be imposed if the verdict is one of guilt. Such decision and penalty
112	shall be final and binding unless reversed or modified upon appeal as
113	provided in Article 75 of this Constitution.
114		The Trial Board shall forward copies of its decision by certified mail
115	to the accused and the party preferring the charges. Copies shall also
116	be mailed to the International President, General Secretary and
117	Treasurer, and the Secretary of the local.
118		If suspension is the penalty prescribed by the Trial Board, such
119	suspension will be for not more than two (2) months beginning with the
120	first day of the month following the month in which the Trial Board
121	renders its decision.
122		If removal from office and/or expulsion from membership is the
123	penalty, such removal and/or expulsion shall become effective on the
124	date the Trial Board's decision is delivered to the accused by certified
125	mail.
126		If reprimand is the penalty, the accused shall be summoned to
127	attend a regular meeting of the local to be reprimanded by the
128	President. If he/she fails to attend, the accused shall be suspended
129	from membership until he/she does attend a meeting to receive the
130	reprimand. If the failure to attend continues until the close of the
131	month following the month in which the accused was summoned,
132	he/she shall be expelled.
133		(b) Charges may be preferred against officers and members of
134	General Committees of Adjustment or Legislative Boards for failure to
135	fulfill the obligations and responsibilities imposed upon them by this
136	Constitution and by their General Committee of Adjustment or
137	Legislative Board.
138		Charges must be made in writing and shall clearly specify the
139 	alleged offense(s) together with the article(s) of this Constitution and/or
140	those obligations and responsibilities which it is alleged have been
141	violated.
142		Charges must be signed by the party preferring them. Said party
143	shall forward copies by certified mail to the accused, the International
144	President, and the Secretary of the General Committee of Adjustment
145	or Secretary of the Legislative Board as the case may be. The
146	International President shall promptly furnish copies of the charges to
147	all members of the General Committee of Adjustment or Legislative
148	Board involved.
149		If in the opinion of the majority of the members of the General
150	Committee of Adjustment or Legislative Board the charges warrant
151	trying the accused, the International President shall give the accused
152 	and the party preferring the charges fifteen (15) days' notice prior to
153 	the convening of a Trial Board to try the accused. The Trial Board shall
154 	consist of not more than five (5) members appointed by the
155 	International President from among those members of the General
156 	Committee of Adjustment or Legislative Board, as the case may be,
157 	who are not involved in the charges. The first named shall be
158 	chairperson. A majority of the Trial Board shall constitute a quorum.


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159	The Trial Board shall meet at the time and place chosen by the
160	International President, elect a Secretary, and proceed to try the case.
161		Each party to a trial shall have the privilege of designating any
162	party, except a party involved in the charges or proceedings, to act as
163	his/her counsel or representative in the trial proceedings.
164		The party preferring the charges shall deliver in writing to the
165	Chairperson of the Trial Board a list of names of witnesses which
166	he/she intends to call in support of the charges and shall furnish a copy
167	to the accused. The accuser shall also act as prosecutor in the case
168	either in person or through his/her counsel or representative.
169		Should the accused fail to appear for trial after notice as prescribed
170	in the foregoing, should he/she appear but refuse to comply with the
171	rules for the conduct of the trial prescribed by this Constitution or the
172	Trial Board, or should he/she engage in conduct designed to obstruct
173	his/her trial, the Trial Board shall proceed to conduct the trial in his/her
174	absence. The accused, the party preferring charges, counsel or other
175	representative for either party, or any witnesses who are guilty of
176	misconduct before the Trial Board shall be excluded thereafter from the
177	trial proceedings and the trial shall continue in their absence.
178		The Trial Board shall arrange for a transcript of the trial
179	proceedings. A copy of the transcript shall be furnished to each party
180 	without cost.
181	Both parties to the trial shall be given full opportunity to present
182 	any witnesses and all relevant evidence and exhibits which they deem
183 	necessary to a proper presentation of their case and shall be entitled to
184 	cross-examine witnesses of the other party. Should a witness be
185 	unable to attend any trial session of the Trial Board, the evidence of
186 	such witnesses may be taken in deposition form before a notary public
187 	or other civil officer authorized to administer oaths. Said deposition
188 	shall be admissible evidence at the trial proceedings provided the
189 	adverse party or his/her counsel is given the opportunity of being
190 	present and cross-examining the witness when the deposition is taken.
191		Before giving testimony, any witnesses who are members of the
192 	United Transportation Union shall be required to make the following
193 	affirmation:
194		"Do you solemnly affirm upon your honor as a member
195		of the United Transportation Union that the evidence to
196		be given by you in this case shall be the truth and
197		nothing but the truth?"
198		All persons shall be excluded from trial sessions except members of
199 	the Trial Board, parties to the trial and their counsel or representative,
200	the witness who is testifying, and the reporter or person transcribing
201	the testimony.
202		After all evidence has been presented and arguments made by all
203	parties or their counsel, the Trial Board shall conclude the trial and, as
204	soon as practicable, assemble in executive session for consideration of
205	its decision.
206		The Trial Board shall render its decision in writing within fifteen


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207	(15) days following the date upon which the trial was concluded. If the
208	accused is found guilty, the Trial Board shall fix the penalty to be
209	assessed which shall be reprimand or removal from office. Such
210	decision shall contain a statement of the pertinent facts involved, the
211	violations charged, and the penalty to be imposed if the verdict is one
212	of guilt. Such decision and penalty shall be final and binding unless
213	reversed or modified upon appeal as provided in Article 75 of this
214	Constitution.
215		The Trial Board shall forward copies of its decision by certified mail
216	to the accused and the party preferring the charges. Copies shall also
217	be mailed to the International President, General Secretary and
218	Treasurer, and members of the General Committee of Adjustment or
219	Legislative Board.
220		If reprimand is the penalty, the International President shall issue
221	the reprimand in writing to the accused and furnish all members of the
222	General Committee of Adjustment or Legislative Board a copy of the
223	reprimand.
224		If removal from office is the penalty, such removal shall become
225	effective on the date the Trial Board's decision is delivered to the
226	accused by certified mail. An officer or member thus removed may not
227	again serve in any office of the United Transportation Union except
228	upon approval of the International President.