ARTICLE 25 CHARGES AND TRIALS OF INTERNATIONAL OFFICERS 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 --17-- 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?" --18-- 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. |