Posts Tagged ‘Article 31 charges’
1517 Collis v. IEB
Selecting members to attend conferences is part of the President’s authority as chief executive officer of the Local Union. Nothing in the Constitution requires that such selections be made democratically or impartially. The gravamen of appellant’s charge is that the President misrepresented the process he used to select members to attend the convention. This charge…
Read More1518 Franks and Smith v. Local 7777 Executive Board
Appellants’ charge that the Financial Secretary failed to present accurate financial reports to the membership was properly disqualified for it amounts to no more than an accusation that the Financial Secretary was negligent in the performance of her duties. The charge concerning the Local President’s failure to process appellants’ charge was also properly disqualified under…
Read More1548 II Sonnier, Turner, and Turner v. International President
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 will take jurisdiction. After reviewing…
Read More1554 Alejandro v. Local Union 2244 Executive Board
Members who heard the remark that was the basis for the charge in context did not regard it as threatening. Alejandro’s subjective interpretation of the remark does not alter its essential character. It was just an expression of frustration. We have consistently ruled that Article 31 of the Constitution is not designed to resolve personal…
Read More1557 Flores, Baines, and Espinosa v. IEB
The circumstances did not warrant a waiver of the time limits. Even if the appeal to the IEB had been timely, it lacked merit because appellants’ charges were properly rejected by the Local Union Executive Board as untimely. The settlement of the Local Union’s demand regarding how overtime would be offered to the Local Union…
Read More1563 Esposito v. IEB
Esposito charged that a flier distributed by the two committeepersons violated the UAW Ethical Practices Codes. The charge ought to have been disqualified pursuant to Article 31, §3(c), of the Constitution, because the UAW Ethical Practices Codes protects the right of a union member to distribute leaflets addressing issues of concern to his fellow members.
Read More1565 Tomblin v. IEB
The charge dated April 10, 2006, referred to events that occurred on May 17, 2005. The charge was untimely on its face within the meaning of Article 31, §2, and therefore, improper for trial pursuant to Article 31, §3(b), of the Constitution. Furthermore, it appears that the charged party was not a member of the…
Read More1572 Torres v. Local Union 594 Executive Board
It was error for the Local Executive Board to disqualify the charges under Article 31, §3(e), of the Constitution based on the conclusion that the evidence supporting the charges was hearsay. It is up to the trial committee to evaluate the evidence presented and determine its significance, relevance, and reliability. The IEB should review the…
Read More1572 II Torres v. UAW Local 594 Executive Board
The charges were properly disqualified pursuant to Article 31, §3(d), because they involved a political question which should be decided by the membership at a membership meeting rather than through the trial procedure.
Read More1586 Tolbert v. IEB
A Local Union officer will not be answerable to charges for errors made in performing the duties of his or her office in the absence of an allegation of malice or ill will. The charge that the Trustees failed to follow proper procedures in reporting the results of their audit to the Local Executive Board…
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