Article 31 charges

When a local union member presents a charge pursuant to Article 31 of the International Constitution, the local executive board must determine whether the allegations made, if assumed to be true, satisfy the requirements of each of the five items listed in Article 31, §3.  Here, the Local 155 Executive ...

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 ...

Appellant filed an Article 31 charge alleging that his Local Committeeperson failed to respond appropriately to his workplace concerns.  The Local Executive Board found that Appellant’s charge was improper because the act complained of does not sustain a claim of conduct unbecoming a member under Article 31, §3(c).  The PRB ...

Under Article 31, §3 of the UAW International Constitution, charges must meet certain minimum requirements before a Trial Committee is formed to begin the trial process.  The Local Executive Board is required to review the charges to decide whether the standards set forth in Sections 3(a)-(e) have been met.  Section ...

The PRB has jurisdiction to review the IEB’s decision to impose a suspension under Article 30, §4 of the International Constitution.  Under Article 30, §4, the default rule is that an accused International officer will continue to function in his or her elected capacity pending trial.  However, Article 30, §4 ...

Article 33, §5 of the Constitution, which requires members to exhaust their internal union remedies before going to a civil court or governmental agency, does not require members to forego their rights to pursue civil or criminal actions against other members. Article 33, §5 only applies to appeals and claims ...

A charge that a committeeperson exercised poor judgment in the handling of a grievance should not be submitted to a trial committee, absent a claim that the accused acted out of malice or willful and wanton disregard of the charging party’s interest. The difficult task of sorting out the respective ...

There is no credible evidence in the record to support Hill’s claim that he filed his appeal from the rejection of his charges against the Local Recording Secretary within the time limits prescribed by the Constitution. Hill’s charge against the Local President for mishandling the charge against the Recording Secretary ...

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 ...

The charges were properly disqualified. All of the issues raised in Pearsall’s charges could have been presented as appeals pursuant to Article 33 of the Constitution. Article 31 does not offer an alternate route of appeal for members dissatisfied with action or inaction by a local union or unit on ...