1795 Robinson v. International Executive Board

Robinson brought Article 31 charges of conduct unbecoming a member alleging that Roehl-Wickingson had voluntarily provided information to management which led to Robinson’s termination for fighting in the workplace.  The Local Union Executive Board found that the charges satisfied the requirements of Article 31, §3 and could proceed before a Trial Committee, but the IEB rejected the charges on appeal.

The Local Executive Board correctly concluded that the requirement of Article 31, §3(c) were satisfied in this case.  Assuming that the allegations contained in the charges are true and confining the analysis to the charges themselves, the act complained of, if proved, could sustain a charge of conduct unbecoming a member.  The PRB has held in prior decisions that volunteering information to management which jeopardizes the job of a fellow employee can constitute conduct unbecoming a member.  Although the PRB has recognized an exception for matters involving safety and health, we cannot subscribe to the view that when a dispute involves an alleged physical altercation, this necessarily creates an exception to conduct unbecoming a member.  Under the circumstances, it should be left to the Local Trial Committee to determine in the first instance whether or not Roehl-Wickingson provided information to management due to safety and health concerns and, if so, whether those concerns provide sufficient justification.

The Local Executive Board also properly determined that the requirements of §3(e) were met.  The purpose of §3(e) is to establish that charges have tangible corroboration in the real world, as opposed to resting wholly on fabricated claims.  It is not intended that the Local Executive Board weigh the sufficiency or reliability of the evidence offered in support of the charges.  Here, the charges along with the documents attached in support satisfy this standard because it is clear from these materials that the charges relate to real events.