OFFENSES - PENALTIES - TRIALS - APPEALS

(a) Any member of the United Association who alone or in concert with others participates in the sale or issuance of counterfeit membership cards, transfer cards or travel cards shall, after notice, hearing and a finding of guilt in accordance with the procedures of Section 199 or Section 202(a) be penalized by expulsion.

(b) Any member of the United Association who alone or in concert with others participates in the sale of membership by the payment of monies over and above what is constitutionally required of new members or in the procurement of membership for an applicant by fraud or false statements or misrepresentations or forgery shall, after notice, hearing and a finding of guilt in accordance with the procedures of Section 199 or Section 202(a) be penalized by expulsion.

The United Association recognizes that every member is entitled to just treatment and as a matter of policy, the United Association embraces and supports the anti-discrimination laws of the United States and Canada.

Any members found guilty after notice and hearing of making threats of physical violence or harm, or who actually assault a Local Union officer or a Local Union appointed representative shall be fined, suspended or expelled from the United Association.

Any member of the United Association who puts up an unauthorized picket line or causes or engages in a wildcat strike or work stoppage in violation of the no strike provision of a collective bargaining agreement shall be disciplined under Sections 199 or 202(a) by fine, suspension or expulsion. A member shall be deemed responsible for conduct by members of his immediate family that is violative of this section of the Constitution.

(a) When a member of the United Association breaks his obligations to the United Association, or any of its Local Unions, or violates any of the laws of the United Association, or laws and working rules of any Local Union, charges may be preferred against him by any member of the United Association in good standing or any Local Union of the United Association that has personal knowledge of the offense committed.

(b) The charges shall be made in writing to the Local Union to which the member may be attached, stating with reasonable certainty the nature of the offense charged, the time and place of the occurrence, naming the witnesses and all other data, and it shall require a majority vote of the membership in attendance at a regular or special called union meeting to whom the charges are referred, to accept such charges, and the charges must be signed by a member of the United Association, in good standing.

(c) A copy of the charges attested by the seal of the Local Union, signed by the Secretary of the Local Union, shall be immediately sent to the accused to his last known address on the books of the Local Union by the Secretary and this shall be deemed due notice, provided, however, that for the nonpayment of dues or assessments a member may be suspended or expelled without the formality of a trial as above set

forth.

(d) When charges have been made and accepted as hereinbefore provided, the entire matter shall be referred to the Local Union Executive Board for trial, and they shall without unnecessary delay summon the parties, hear all witnesses, and try the case, provided that the accused may have ten (10) days from the date of notice before being called upon to plead to the charges as specified.

(e) Charges against members of Local Union 669 shall be processed in accordance with the special rules and regulations that have been promulgated by the General Executive Board. The General Executive Board shall have the discretionary authority to amend the special rules and regulations from time to time.

(a) The Local Union Executive Board will report their findings at the next regular or special meeting of the Local Union. If the accused is found guilty, he may be assessed, suspended or expelled. If the verdict is expulsion, there shall be a set assessment or raised initiation fee also placed against him to indicate upon what terms the expelled member may again become a good standing member of the United Association. The findings of the Local Union Executive Board shall be final and binding subject to the appeal provisions of the Constitution. No vote shall be taken among the Local Union membership on the report to the Local Union Executive Board.

(b) When a member is found guilty by the Local Union Executive Board after due notice and trial, as provided by this Constitution, of filing charges maliciously and in bad faith against a brother member, he shall be assessed and punished by the Local Union Executive Board subject to the appeal provisions of the Constitution.

Whenever a majority of the members of the Executive Board of a Local Union are found by the General President, after notice or application, to be disqualified for any reason from acting on charges preferred against a member under Section 199, or against an officer under Section 127, then the General President may appoint a hearing officer or officers from the membership of the United Association to act in the place and stead of the Local Union Executive Board and the Local Union. The hearing officer or officers so appointed shall conduct the hearing and, after the close of the testimony, shall make a summary of findings and recommendations and file the same with the General President. The General President shall then consider the entire record and if he finds the accused member or officer guilty, he shall have full discretionary power to impose on the member or officer any penalty he finds appropriate, including, but not limited to, reprimands, fines, assessments, expulsion, suspension of membership, removal from office, denial to hold any office permanently or for a fixed period, or commands to do or perform, or refrain from doing or performing specified acts. An appeal may be taken by the member or officer from the General President’s decision to the General Executive Board within twenty (20) days of notification of the decision. The decision of the General Executive Board shall be communicated to the interested parties by the General Secretary-Treasurer and shall be final and binding without a right of further appeal.

ORIGINAL JURISDICTION OF THE GENERAL EXECUTIVE BOARD TO TRY OFFENSES AGAINST THE INTERNATIONAL UNION

(a) When any offense is committed against the International Union or its officers including, but not limited to, a violation of the provisions of this Constitution or the policies or decisions of the International Union or any officer thereof, written charges may be filed against any accused members, officers, Local Unions, District Councils, State or Provincial Associations or other affiliated body and the General Executive Board shall have original jurisdiction to conduct the trial on such charges.

(b) The General Executive Board shall have full discretionary power to accept, reject, or may direct that the charges be referred to a Local Union to be acted upon in accordance with Section 199 of the Constitution. If the General Executive Board accepts the charges and finds that, at the same time, charges have already been filed or hearings are pending before an affiliated body dealing with the same subject matter of the charges over which the General Executive Board has required original jurisdiction under this section, the jurisdiction of such affiliated body shall forthwith terminate and the affiliated body shall, upon request of the General Executive Board, transfer all of its records and papers pertaining to the case to the General Executive Board.

(c) Upon acceptance of the charges the General Secretary-Treasurer shall serve a copy of the charges by certified mail upon the accused together with notice of the time and place of trial.

(d) The General Executive Board may, in its discretion, have a trial under this section conducted before a panel of one or more hearing officers appointed from among the members of the General Executive Board or the membership of the United Association. This panel, acting on behalf of the General Executive Board, shall conduct a hearing and make findings and recommendations for disciplinary action, if any, to the full membership of the General Executive Board for its final vote and decision.

(e) In any case under this section, if the accused is found guilty, the General Executive Board shall have full discretionary power to impose any penalty it finds appropriate including, but not limited to reprimands, fines, assessments, expulsion, suspension of membership or suspension or revocation of charter, denial to hold any office permanently or for a fixed period, or commands to do or perform, or refrain from doing or performing specified acts. Where the accused is an individual officer or member, the decision of the General Executive Board shall be final and binding and not appealable. When the accused, however, is an affiliated body, the decision of the General Executive Board may be appealed to the convention in accordance with Section 208 of the Constitution.

Penalties Requiring Approval of General Executive Board

SEC. 203.

(a) No Local Union of the United Association shall impose an assessment of more than $1,500.00, suspension or expulsion upon any member of the United Association unless approved by the General Executive Board.

(b) After notice and hearing of charges against an individual providing for a fine or assessment of more than $1,500.00, suspension or expulsion, the Local Union shall, within twenty (20) days file an application upon forms supplied by the General Secretary-Treasurer with the General Executive Board requesting the approval of the penalty of more than $1,500.00, suspension or expulsion.

(c) The petition for approval shall set forth a copy of the charges, the date of acceptance of the charges by the Local Union membership, the date a copy of the charges and notice of hearing were mailed by certified mail to the member’s last known address, a digest or summary of all of the testimony of the various witnesses appearing at the hearing, including the accused, the findings of the Local Union Executive Board, and the date the Local Union Executive Board reported its findings at a regular meeting of the Local Union.

(d) The General Secretary-Treasurer shall mail a copy of the petition to the member by certified mail to his last known address as shown on the records of the Local Union. The accused member shall have a period of two (2) weeks after receipt of the copy of the petition for approval in which to file a statement of his position.

(e) The General Executive Board shall render a decision, and the decision of the General Executive Board shall be final and binding and there shall be no further appeal.

Any member committing any act for which he has been disciplined by either an assessment, suspension or expulsion, which has been approved by the General Executive Board, cannot be reinstated by any Local Union without the consent of the General Executive Board.

Note: The Constitutional meaning and intent of the above Section 204 is that the Local Union cannot remove any disciplinary measures already sanctioned by the General Executive Board on members or ex-members without the approval of the General Executive Board.

(a) A member who is assessed or fined $1,500.00 or less by the Local Union (other than suspension or expulsion) may appeal to the General Executive Board provided such appeal is filed within twenty (20) days of the date the Local Union Executive Board reported its findings at a regular meeting of the Local Union. A member shall file his appeal in writing, setting forth the grounds and reasons why the fine or other action of the Local Union should be reversed, modified or disallowed.

(b) The General Secretary-Treasurer shall forward a copy of the appeal to the Local Union and direct the Local Union to file on forms furnished by the General Secretary-Treasurer within ten (10) days, including a copy of the charges, the date of acceptance of the charges by the Local Union membership, the date a copy of the charges and notice of hearing were mailed by certified mail to the member’s last known address, a digest or summary of all of the testimony of the various witnesses appearing at the hearing, including the accused, the findings of the Local Union Executive Board, and the date the Local Union Executive Board reported its findings at a regular meeting of the Local Union.

(c) The General Secretary-Treasurer shall forward a copy to the member. The accused member may file with the General Secretary-Treasurer a reply to the Local Union’s statement, if he desires, within ten (10)

days.

(d) The General Executive Board shall render a decision, and the decision of the General Executive Board shall be final and binding and there shall be no further appeal.

(a) Where protests are entered against any provision of the Constitution, the first case of each of these shall be referred to the General Executive Board and a decision asked that will establish a precedent to be followed in future cases of a parallel nature which shall be referred to the General President for his decision, and should an appeal be taken from the General President’s decision, the entire matter and testimony, together with the General President’s ruling, shall be referred to the General Executive Board for their approval or disapproval. The General Executive Board’s action shall be final; such final action must be rendered to the General President and General Secretary-Treasurer who in turn shall notify the parties interested of the final decision.

(b) Appeals may also be taken from any decision or order of suspension or expulsion made by the General President to the General Executive Board within twenty (20) days. The General Executive Board shall render such decision to the General President and to the General Secretary-Treasurer. The decision of such Board shall be final, and shall be communicated to the interested parties by the General Secretary-Treasurer.

(a) On all appeals made to the General Executive Board, including, but not confined to, the petition by a Local Union to sanction assessment, suspension or expulsion of members under Section 203, the General Executive Board shall have power to affirm, reverse, modify, or amend any decision, or to enter such other new decision or penalty based upon the entire record as the General Executive Board in its discretion deems just and proper.

(b) The General Executive Board may, in its discretion, on any matter or appeal which comes before it, appoint one or more hearing officers, either from the Board or from the membership of the United Association. The hearing officer or officers so appointed shall conduct a hearing and shall make findings and recommendations to the full membership of the General Executive Board for its final vote and decision.

Any decision, unless otherwise provided for, made by the General Executive Board shall be subject to appeal to the following convention, if so desired, within sixty (60) days after notification of such decision is mailed to the parties. The period of sixty (60) days is to run from the date of mailing such decision, but the decision shall be and remain effective for all purposes during the pendency of any such appeal, and is to be carried out in any respect by all parties until the following convention decides the appeal, or otherwise determines and directs. In the event a Local Union, District Council, State or Provincial Association fails to carry out any decision pending an appeal to the convention, said affiliated body shall stand suspended from all privileges of the United Association until the decision has been complied with. During such period of suspension the Secretary-Treasurer may not accept any per capita tax from said affiliated body.

Various sections of the Constitution authorize the imposing of penalties, fines, assessments, suspension or expulsion upon individual members or Local Unions, District Councils, State or Provincial Associations. Wherever authority is given to impose any of these penalties under the Constitution, whether it be by a Local Union, General President or General Executive Board, such authority shall also include the power to impose penalties of (1) reprimands; (2) denial to hold any office permanently or for a fixed period; or (3) commands to do or perform, or refrain from doing or performing, specified acts.

Exhaustion of Remedies Within the United Association

SEC. 210. No officer, representative or member of the United Association, or its Local Unions, District Councils, or State or Provincial Associations shall resort to court proceedings of any description in any matter pertaining to this organization or its Local Unions, or his membership or office until all remedies provided for within the United Association Constitution have been fully exhausted.