1		Charges may be preferred against International officers for failure
2	to perform their duties and fulfill their responsibilities in accordance
3	with their obligation of office and as required by this Constitution. Any
4	officer against whom charges have been preferred shall receive a fair
5       and impartial trial.
6	      Charges must be submitted in writing to the Chairperson of
7       the Executive Board and signed by the member preferring the
8	charges. Said member shall forward a copy of the charges by
9	certified mail to the accused.
10		Charges shall clearly specify the alleged offense(s)
11	together with the article(s) of this Constitution and/or those
12	obligations and responsibilities which it is alleged have been
13	violated.
14		The Chairperson must forward a copy of the charges by
15	certified mail to the accused and other members of the Board.
16	The accused has ten (10) days from the date of said mailing to
17	respond to the charges. The response must be in writing and
18	forwarded by certified mail to the Chairperson and the member
19	preferring the charges.
20		If a majority of the Board considers the evidence
21 	submitted sufficient to proceed, the Chairperson shall set a
22 	date and time for trial to be held and notify the parties. The
23 	Chairperson shall give the accused and the member preferring
24 	the	charges not less than fifteen (15) days notice prior to the
25 	convening of the Executive Board to try the accused.
26		The Board shall convene at the headquarters location on
27 	the	date appointed and proceed to try the accused. Each party
28 	to a trial shall have the privilege of designating any person,
29 	except a Board member or a party involved in the charges or
30 	proceedings, to act as his/her counselor or representative in


31	the trial proceedings.
32		Ten (10) days before trial, the member preferring the
33	charges and the accused shall forward by certified mail to the
34	Chairperson of the Board and to the opposing party a list of
35	names of witnesses which they intend to call at the trial in
36	support, or defense, of the charges. The member preferring
37	charges, either in person or through his/her counsel or
38	representative, shall act as prosecutor in the case.
39		Should the accused fail to appear for trial after notice as
40	prescribed in the foregoing, should he/she appear but refuse to
41	comply with the rules for the conduct of the trial prescribed by
42	this Constitution or the Board, or should he/she engage in
43	conduct designed to obstruct his/her trial, the Board shall
44	proceed to conduct the trial in his/her absence. The accused,
45	the	member preferring	charges, their counsel or
46	representative(s), or any witnesses who are guilty of
47	misconduct before the Board shall be excluded thereafter from
48	the trial proceedings, and the trial shall continue in their
49 	absence.
50		The Board shall arrange for a transcript of the trial
51	proceedings. A copy of the transcript shall be furnished to
52	each party without cost.
53		In all trials, the testimony of witnesses shall be taken
54	orally in front of the members of the Board. Both parties to the
55	trial shall be given full opportunity to present any witnesses
56	and all relevant evidence and exhibits which they deem
57	necessary to a proper presentation of their case. They shall
58	also be entitled to cross-examine witnesses of the other party.
59	The Board may, on its own, request such witnesses and
60	documents as it deems necessary.
61		Should a witness be unable to attend any trial session of
62	the Board, because of age, sickness, infirmity or for other good
63	cause shown, the evidence of such witnesses may be taken in
64	deposition form before a notary public or other civil officer
65	authorized to administer oaths. Said deposition shall be
66	admissible evidence to the extent it would be at the trial
67	proceedings, provided the adverse party, his/her counsel or
68	representative is given the opportunity of being present and
69	cross-examining the witness when the deposition is taken.
70		Before giving testimony, any witnesses who are members
71	of the United Transportation Union shall be required to make
72	the following affirmation:
73			"Do you solemnly affirm upon your honor as
74			a member of the United Transportation
75			Union that the evidence to be given by you
76			in this case shall be the truth and nothing
77			but the truth?"


78	Any witness who is not a member of the United Transportation
79	Union, shall take an oath or solemn affirmation to testify
80	truthfully.
81		All persons shall be excluded from trial sessions except
82	members of the Trial Board, parties to the trial and their counsel
83	or representative, the witness who is testifying, and the reporter
84	or person transcribing the testimony.
85		After all evidence has been presented and arguments made
86	by all parties or their counsel, the Trial Board shall conclude the
87	trial and, as soon as practicable, assemble in executive session
88	for consideration of its decision.
89		The Board shall render its decision in writing within thirty
90	(30) days following the date upon which the trial was concluded.
91	If the accused is found not guilty, he/she shall be exonerated.
92		If the accused is found guilty, the Board shall fix the penalty
93	to be assessed which shall be censure, suspension, or removal
94	from office. Such decision shall contain a statement of the
95	pertinent facts involved, the violations charged, and the penalty
96 	to be imposed. Such decision and penalty shall be final and
97	binding unless reversed upon appeal as provided in Article 26.
98		The Board shall forward copies of its decision by certified
99	mail to the accused and the party preferring charges. Copies
100	shall also be mailed to the International President, General
101	Secretary and Treasurer, and all locals.