1473 Parker in the matter of Zappa v. Local 1248 Executive Board

Parker’s charges concerning Zappa’s alleged mishandling of the tempestuous membership meeting and his involvement in the grievance process fall clearly under the rule that acts or omissions of an officer in the performance of his official responsibilities may not be the subject of Article 31 charges, for there is no allegation that Zappa’s conduct was in any way designed to injure Parker. Furthermore, we agree with the finding of the IEB, that the situations giving rise to these three charges ought to have been presented to the membership for resolution rather than to a Trial Committee, so that the charges were properly disqualified under Article 31, §3(d), of the Constitution as well.

While it was indiscreet of the President to mention the improper payment that Parker received to other members before all of the facts were known, this error in judgment does not amount to the kind of malicious conduct that would subject a union officer to discipline for actions taken in connection with his duties as an officer. As we view the record, Zappa was merely stating what he believed to be the case, rather than acting with a deliberate intent to injure Parker. In accordance with that principle, we find that Parker’s charge based on Zappa’s alleged slander fails to satisfy the requirements of Article 31, §3(c), of the Constitution.