Posts Tagged ‘Due process’
1467 Kidd v. IEB
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 her support for a candidate…
Read More1476 Gaston-Kelley v. UAW DaimlerChrysler Dept.
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 is remanded to the IEB…
Read More1453 II McComb in the matter of Tom Carnahan v. IEB
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 President, the time to raise…
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 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 More1606 Grima v. Regional Director Rory Gamble
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 financial malpractice. The decision to…
Read More1631 Local Union 276, et al. v. IEB
Local election committees are without power to add to the qualifications fixed by the UAW Constitution for executive local union offices. A local union may require potential candidates to accept nomination before a certain deadline, but there is no requirement that the nomination itself should be submitted in writing. Even if such a requirement had…
Read More1635 Ethical Practices Complaint, Gainer v. UAW GM Dept.
Gainer’s appeal concerning her removal as Human Resource Development Representative in 1999 is barred by the UAW Constitutional time limits. The time limit applicable to appeals or Ethical Practices Complaints begins to run when the member first becomes aware of the action being challenged. Gainer has demonstrated by her own testimony that she knew in…
Read More1652 Christensen v. Local Union 2071 Executive Board
Although Christensen’s charges appear to satisfy the tests set forth in Article 31, §3, of the Constitution, we can understand the International Union’s reluctance to send this matter back to Local 2071 for the purpose of conducting a trial. There seems little likelihood that this local union administration will be capable of putting together a…
Read More1653 II Carthon v. International President
As president of Local Union 2297, Carthon had a fiduciary responsibility to his members to ensure that any use of Local Union funds was consistent with the UAW Constitution, established policies of the UAW International Union, the Local Union bylaws, and the membership’s decisions with regard to what constitutes necessary expenditures. Carthon’s offer to repay…
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