Due process

In appeals involving the removal of a special purpose representative from office, the PRB’s jurisdiction is limited to whether the removal violated the UAW Ethical Practices Codes (EPC).   As the Board has held in past cases, a UAW member does have the right to expect ethical treatment by the Union.  ...

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 ...

Under the UAW International Constitution, the International Executive Board (IEB) can impose an administratorship for one of the purposes described in Article 12, §3(a) through (d).  Although the purposes are broadly stated in the Constitution, they do impose some limitation on the IEB’s authority.  The fact that the International Union ...

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.  Appellant’s election challenge ...

The PRB will intervene in the removal of an appointed representative only when it concludes that a department such as the DaimlerChrysler Department has used its discretion unreasonably or for an impermissible purpose. There is nothing in the record to support Kidd’s claim that her removal was in retaliation for ...

Gaston-Kelly has identified a sufficient number of irregularities in the actions taken by the Local Union and the DaimlerChrysler Department to require further inquiry on the part of the International Union to determine that her removal was not for reasons that would violate the UAW Ethical Practices Codes. The case ...

Carnahan’s request in 2002 for an investigation into claims that McComb received more money from the Local Union than he was entitled to in 2000 was untimely. If Carnahan believed that the retirement benefit paid to McComb in 2000 ought to have been deducted from his salary as Local Union ...

The appeals were remanded to the IEB for a decision on the merits after the IEB dismissed them as untimely. The appeals cannot be dismissed as untimely because they were submitted within the Constitutional time limits. In response to the International Union’s failure to investigate and address appellants’ claims, we ...

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 ...

There is no evidence in the record that an administratorship was necessary to prevent corruption or financial misconduct within the meaning of Article 12, §3(a), of the Constitution. The fact that Grima questioned the propriety of pension and insurance contributions for the Local Union’s part-time janitor does not amount to ...