Article XVI Charges and Trials

Article XVI. CHARGES & TRIALS:

Section 1. Charges may be filed against any officer for violation of his
-or- her duties in office.

Section 2. Charges may be filed against any member for violation of the obligations of these By-Laws.

Section 3. Charges that may be brought are for the following offenses:
1. Malfeasance (wrong doing) in Office by an Executive Board Member.
2. Abandonment of Office by an Executive Board Member.
3. Misappropriation or embezzlement of Union Funds.
4. Conduct detrimental to the organization.
5. Conduct inconsistent with any policy taken by the General Membership of this organization at a meeting of the membership.

Section 4. Abandonment of Office by Executive Board Member shall be charged when the Board member is absent unexcused from three {3} consecutive General / Business Meetings during one {1} calendar year.

Section 5. Charges must bear the signature of three {3} members and must clearly set forth the basis of the charge. The charges then must be transmitted to the Secretary of the organization. Upon receipt, the Secretary shall transmit a copy thereof to the President and shall serve a copy to the member -or- members against whom the charges are preferred.

Section 6. Charges must be preferred against a member not more than thirty {30} days following the time when charging members knew -or- reasonably should have known of the offence giving rise to the charge.

Section 7. The Executive Board shall serve as a trial body, to hear evidence, and to make a final decision. If any member of the Executive Board has a direct interest in the charges, he -or- she shall not serve, a replacement must be installed by a three-fifths {3/5s} vote of the remaining Executive Board.

Section 8. The trial body shall use the most current edition of “Robert’s Rules of Order” as a procedural guide relating to the conduct of the trial and shall advise the parties of the procedure.

Section 9. The President shall serve notice advising the member -or- members of when the trial body will meet, which shall be at a time, date and place specified and not less than fifteen {15} days after the notice of hearing is served.

Section 10. The trial body shall issue its written decision within fifteen {15} days of the close of the hearing.

Section 11. A member charged may be represented by another member in good standing at the trail. No attorney or counselor at law shall represent either the charging or charged member.

Section 12. If a member is found guilty of the charges or lesser-included offenses, the he -or- she may be penalized with fines, expulsion, or any such penalty that is consistent with these By-Laws, principles of trade unionism, and charges.

Section 13. If a member is found guilty, he -or- she may appeal the decision of the trial body to the full membership of the organization by serving an appeal document to the Secretary of the organization. The appeal document must be transmitted within ten {10} days of the receipt of the trial body’s decision. The appeal document shall set forth the basis of the appeal.

Section 14. At the next General / Business meeting thereafter, the full membership shall consider and make a final and binding decision of the trial body. The membership must vote to reverse by three-fifths {3/5s} of those actually present and voting.

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