1518 Franks and Smith v. Local 7777 Executive Board

Appellants’ charge that the Financial Secretary failed to present accurate financial reports to the membership was properly disqualified for it amounts to no more than an accusation that the Financial Secretary was negligent in the performance of her duties. The charge concerning the Local President’s failure to process appellants’ charge was also properly disqualified under the rule applicable to charges concerning acts or omissions by local union officers. The charge that the Financial Secretary published false information about Smith and other Local Union officials was properly disqualified under the rule that sharp attacks made in the context of a political campaign do not constitute conduct unbecoming a union member. Appellants’ charge concerning the unauthorized lease agreement was timely, for there is no evidence that appellants had any way of knowing about the execution of the agreement until the notice was mailed to the membership. Nevertheless, this charge too failed to satisfy the requirements of Article 31, §3, for there is no allegation that the Financial Secretary and President acted with any malicious intent. The approval of expenditures is a question that should be addressed by the membership at a membership meeting.