THE INTERNATIONAL UNION OF ELECTRONIC, ELECTRICAL, SALARIED, MACHINE AND FURNITURE WORKERS

 

 

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Article XXVI - TRIALS & APPEALS

ARTICLE XXVI

TRIALS AND APPEALS

Section 1 – Persons Subject to Trial

            (a)   Members of the Local, including Officers of the Local, shall be tried for any of the offenses listed in Article XXV as provided herein.

            (b)   Officers of the Local may be removed or suspended from office.

Section 2 – Charges

            (a)  Charges made against a member of the Local or an officer of the Local shall be in writing, signed and sworn to by the accuser.  Charges of offenses described in Article XXV, Section 1, shall be filed with the Recording Secretary of the Local of which the accuser is a member.  In the event the accused is the Recording Secretary, the charges shall be filed with the President of the Local.  Should both the Recording Secretary and the Local President be involved as a charging party or as a party charged, the charges shall be filed with the Treasurer of the Local.

            (b)   Charges must be submitted within sixty (60) days of the time the accuser becomes aware of the alleged offense.

            (c)   Charges shall contain an allegation of the facts constituting the offense with which the accused is charged and the approximate date or dates said offense is alleged to have occurred.

Section 3 – Trials

            (a)   An unbiased court, composed of not less than three or more than seven persons, who shall be members of the Local, not parties to the proceeding, shall be selected by the Executive Board of the Local using a random selection process.  The court shall be bound to render a decision and impose a penalty, if the accused is found guilty, without bias or prejudice, based on all the evidence presented.

            (b)   A prosecutor, who is a member of the Local, but not an accuser, shall be appointed by the governing body of the Local to assist the accuser in the trial and presentation of evidence.  If, after investigation, the prosecutor is of the opinion that there is not probable cause to believe that a violation punishable under this Article has been committed, the prosecutor shall report the findings in writing to the governing body of the Local with a recommendation that the charge not be prosecuted.  Copies of the findings and recommendations shall be delivered to the accuser and the accused.  The recommendation shall become final unless appealed by the accuser within thirty (30) days after receipt using the procedures established pursuant to Article IX, Section 7 of the CWA Constitution.

            (c)   If the prosecutor determines that probable cause does exist, the trial shall be held speedily with due notice to the accused.

            (d)   The accused shall have the right to select a member of the Local as counsel, the right to produce witnesses and present documentary evidence and to be heard on the accused’s own behalf.  The accused shall have the opportunity to cross-examine witnesses.

            (e)   All witnesses shall testify under oath.

            (f)   A decision shall be reached and written notice of the decision and penalty, if any, shall be given to the person charged within five (5) days after the close of the trial.  The requirement of such notice shall be satisfied by personal service or certified mail receipt.

            (g)   A faithful and accurate record of the proceedings shall be made.

            (h)   The Local may suspend the accused pending the final decision on an appeal.

Section 4 – Appeals

            (a)  A member or officer of the Local upon being found guilty by the Local court may appeal as provided in this Section:           

            (a-1)  The member has the right to refer the matter to a membership meeting of the Local within thirty (30) days after being found guilty by a court, which may affirm or reverse or reduce the penalty.

            (a-2)   Any member found guilty by the Local shall have the right to appeal to the International Executive Board and the International Convention as stipulated in the International Constitution.