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
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
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
111. 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.
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
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.
