1468 Edwards v. Local Union 148

Case No: 1468

2004

Edwards’ charges and his Ethical Practices Complaint are both based on his assertion the Local President did not follow the appropriate Constitutional method for testing the propriety of making the payments. Article 31 and the Ethical Practices Codes are not designed to challenge procedural errors. The appeal procedures described in Article 33 of the Constitution provide an adequate and appropriate means to present such arguments. Our decision in Ethical Practices Complaint of Frank Toth, (Local Union 723, UAW), 3 PRB 195, (1982), held unequivocally that the Constitution does not require prior membership approval of Local Union expenditures. The International Union has not made any public statement in response to the Toth decision of a policy not to permit authorization of expenses after they are incurred. Our holding in Toth, therefore, dictates that the delegates should be paid.