Posts Tagged ‘Constitutional interpretations’
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 issue about the Interpretations until…
Read More1534 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 bound to follow past interpretations…
Read More1562 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 capita tax requirements for future…
Read More1568 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.
Read More1576 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 at this Local Union. Reconsideration…
Read More1597 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 and the UAW Ethical Practices…
Read More1598 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 exclusively the role of the…
Read More1604 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 with any Constitutional requirement. In…
Read More1609 Bradley et al. v. Local Union 3520
Appellants’ failure to certify in accordance with Article 16, §19, was not the result of reliance on anything the financial secretary said to them, but rather was based on their mistaken belief that the certification requirement did not apply to local union officers. One of the basic obligations of union membership is the payment of…
Read More1621 Grima and Hayosh v. IEB
As a JOBS bank employee, Grima was considered employed under the jurisdiction of Local 174. He ran for president in 2004 and won. In 2005, GM negotiated the Special Attrition Plan for the Sewing Machine Repairman, which changed Grima’s employment status. Grima ought to have selected one of the options described in the plan by…
Read More