Constitutional interpretations

1823 Pearson in the Matter of Robinson v. UAW Local Union 140

The International Union asserts that this case falls under the appellate limitation found in Article 33, §2(b) of the International Constitution pertaining to obviously correct interpretations of bargaining agreements.  As the PRB has concluded in past decisions, the Article 33, §2(b) limitation does not apply when complex or heavily contested ...
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1818 Boline v. UAW International Executive Board

The Board applies a presumption that all elections conducted by a local union are valid.  To rebut this presumption, a challenger must show by clear and convincing evidence that some improper practice occurred to such a degree that it could have affected the outcome of the election.  That showing has ...
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1482 Yettaw v. International Union

The International Union distributed printed editions of the Constitution containing the revised Interpretations in December 2002. Even if a copy was not delivered directly to Yettaw or his Local Union, he could easily have obtained a copy of the newly adopted Constitution after that date. He did not raise the ...
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1534 Pearson v. Local Union 140

In 1999, the International Union adopted a rule that retired members could not run for and hold executive offices that are inextricably involved in the bargaining process, even though they may have been permitted to do so in the past. We do not accept Pearson’s view that the Union is ...
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1562 Dedic v. UAW Auditing Department

We agree with the International Union that if the parties had intended to exempt all future public sector units from the customary per capita rate established by the UAW, it would have been stated explicitly in the Agreement. The International Union has acknowledged that its failure to explain the per ...
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1568 Henderson v. UAW GM Dept.

The negotiation of the settlement agreement and the plan to have it approved in a class action lawsuit was part of a complex bargaining policy which we are forbidden by Article 33, §3(f), to review in any way. Reconsideration was requested and denied.
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1576 Lyons v. Local Union 2280

The Local Union bylaws clearly state that the Plant Chairperson will appoint a member to fill District Committeeperson vacancies for forty-five days until an election can be conducted. The Local Union’s failure to conduct an election within forty-five days of the appointment has been rendered moot by General Elections conducted ...
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1597 Alejandro v. Local Union 2244

Three of the charges satisfied the requirements of Article 31, §3, of the International Constitution, so it was proper for the Local Union to conduct a trial on those charges. The trial on the charges was not conducted in accordance with the procedures outlined in Article 31 of the Constitution ...
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1598 Otto v. Local Union 1292 Executive Board

Article 31, §3(e), has the narrow function of weeding out artfully drafted charges which lack any tangible corroboration in the real world. It is not intended to invest Local Executive Boards with the authority to rule on the reliability or sufficiency of the evidence to support the charges. That is ...
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1604 Franks et al. v. IEB

Although it would have made more sense to include all of the candidates in the rerun election, this is not a sufficient basis for ordering Local 7777 to conduct its election of officers for yet a third time. The decision to exclude the non-executive officers was not in direct conflict ...
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