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 --45-- 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 --46-- 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 --47-- 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. --48-- 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 --49-- 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. |