Time limits

Although the IEB decision only addressed the timeliness of this appeal, the International Union chose to address the merits of this case, as well as the issue of time limits, before the PRB.  This was a sound approach, especially since the Board views the issue of timeliness in this case ...

This case involves an appeal from an International Representative’s decision to withdraw Appellant’s termination grievance.  Accordingly, the applicable time limit under Article 33, §4(c) is 30 days.  Appellant acknowledges that he first learned about the withdrawal of his grievance on June 7, 2022.  Yet, he did not send his appeal to ...

This case involves an action taken by the Local Shop Committee.  Therefore, the first level of appeal was to the Local membership.  However, at the point in time when Appellant sent his appeal letter to the International President’s office, the Local membership had yet to consider his appeal.  Subsequently, the ...

To warrant overturning an election’s results and conducting a rerun, two requirements must be met: (1) an election rule violation must be firmly established; and (2) there must be clear and convincing evidence that the violation could have affected the outcome of the election.  Appellant’s primary argument is that members ...

The Local denied the appeal based on time limits, but the timeliness issue in this case is far from clear-cut, especially in light of the circumstances created by the pandemic.  Perhaps for that reason, the IEB's decision did not decide the appeal based on time limits and instead addressed the ...

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 PRB 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 primary claim ...

The IEB incorrectly held that this appeal was untimely.  This case involves an appeal from the International Representative’s decision not to pursue further Appellant’s reinstatement.  Accordingly, the applicable time limit under Article 33, §4(c) is 30 days from when Appellant first learned of the International Representative’s decision on October 30, ...

The PRB has for many years applied an established standard of review in appeals challenging election results, based on the 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 ...

The PRB agrees that the relief sought by Appellants effectively has been granted.  Appellants sought to have their Local removed from the jurisdiction of the Region 2B Director and the assigned International Representative.  The Regional Director has now resigned, and the International Representative has been reassigned.  Appellants other complaints regarding ...