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.
