Posts Tagged ‘Article 31 charges’
1464 Bob and Alma King v. Local 600 Executive Board
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 for relief arising under the…
Read More1466 Powell and Riddell in the matter of Stewart v. IEB
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 rights of claimants to a…
Read More1471 Hill v. Local 212 Executive Board
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 fails under Article 31, §3(c),…
Read More1473 Parker in the matter of Zappa v. Local 1248 Executive Board
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 allegation that Zappa’s conduct was…
Read More1475 Pearsall v. Local 12 Executive Board
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 Article 33 appeals.
Read More1486 Torres v. Local 594 Executive Board
Torres’ complaint against Committeeperson Presson is concerned primarily with his handling of her grievances. We have consistently ruled that acts or omissions of a local union officer in the performance of his or her official responsibilities may not be the subject of Article 31 charges unless it is alleged that the officer acted with malice.…
Read More1497 Larkin v. Local Union 148
The authority to challenge the use of the UAW’s official seal or name is vested solely in the International Secretary-Treasurer by Article 13, §16, of the International Constitution. That section preempts the use of charges presented by UAW members pursuant to Article 31 for that purpose.
Read More1498 Schultz v. IEB
The documents described in Schultz’s charge were lost time vouchers and computer printouts of employee records that the Financial Secretary attached to an appeal filed pursuant to Article 33 of the Constitution. Records presented in support of Article 33 appeals frequently contain documents that reveal members’ names, addresses and Social Security numbers. Although it may…
Read More1499 King and Ford v. Local 600 Executive Board
Local 600’s Bylaws assign specific bargaining and grievance handling responsibilities to the Financial Secretary-Treasurer. The International Union’s policy forbidding retirees from holding offices which involve collective bargaining duties applies to any office, not only those described in Article 45. As a retiree, therefore, Bob King was ineligible to run for the office of Local 600…
Read More1505 Karniewicz v. Local 1999 Executive Board
Karniewicz’ charge was properly disqualified under Article 31, §3(c), for his allegations do not sustain a charge of a violation of the Constitution or conduct unbecoming a union member. Karniewicz has not explained what he found objectionable about the Shop Chairperson’s apparently innocuous jest. He states that he regarded the statement as threatening, but it…
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