1867 Evans v. UAW Local Union 651 Executive Board
Case No: 1867
In this case, the Local Executive Board and the IEB correctly concluded that the charges against Appellant satisfy the requirements of Article 31, §3(a) – (e) and, therefore, the trial process should go forward. The acts claimed to constitute conduct unbecoming a member are described in sufficient detail to give the accused notice of what conduct will be scrutinized by the trial committee. The charges also meet the requirements of Section 3(c) because the actions alleged could sustain a charge of conduct unbecoming a member. In past cases, the PRB has held that voluntarily providing information to management concerning the activities of a fellow worker can constitute conduct unbecoming a member. The Board has held that such conduct may be considered conduct unbecoming a member even when the accused is a local official.
Although the PRB concludes that the charges are sufficient to proceed to trial, the Record in this appeal raises concerns that the Local leadership may not fully understand the due process requirements set forth in Article 31. The Local erred when it failed to provide a copy of the charges to Appellant following the Local Executive Board’s determination that the standards set forth in Sections 3(a) – (e) were met. Article 31, §4 requires that a member against whom proper charges have been filed shall be notified of such charges by receipted registered or certified mail within seven days after the charges have been reviewed. Due process requires that the accused receive a copy of the actual charges in order to understand the allegations made and prepare a defense.