1848 Toth, et al. v. International President, UAW

Case No: 1848

2021

In the case of an appeal to the International Executive Board (IEB) from the decision of a Local Union, the time limit is 30 days under Article 33 of the International Constitution.  Appellants acknowledge that they did not file an appeal within 30 days of when they received notice that the Local Executive Board had denied their election protest.  As a result, they recognized that they needed to request a waiver of time limits from the International President to proceed with their appeal, which they did.  The PRB has no Constitutional authority to waive time limits on appeals to the IEB, nor can the Board revoke or rescind a decision by the President not to waive time limits.  The Board’s jurisdiction is limited to the question whether the decision amounted to an abuse of the President’s discretionary authority. 

Here, the PRB finds that the President did not abuse his discretion.  The President appropriately declined to issue a waiver based on Appellants’ explanation that they misconstrued the Constitutional time limits.  As the PRB has stated in numerous cases, members have a responsibility to learn the Constitutional appeal requirements and follow them.  The President also reasonably rejected Appellants’ claim that a waiver should be granted due to the seriousness of the election violations alleged.  The Record indicates that the Local made a good faith effort to conduct its election during the pandemic and made reasonable choices considering the difficulties associated with COVID-19 restrictions.