Article V
Hearings, Trials and Appeals
Section 1.
Right to Bring Charges
- Charges against a local union, local union official or a
local union member must first be brought pursuant to a local union's
constitution and by-laws.
- Charges against a National Union official must be filed
with the National Association.
- Elected official of the National Association may be
removed from office for the commission of any serious misconduct.
- "Serious Misconduct" shall be defined as those acts for
which a person could be removed from office under Section 504 of
the Landrum-Griffin Act if such Act were to apply to the NACST,
together with similar acts as well as absence from two (2) consecutive
Executive Committee meetings, which absences are not excused by a
majority vote of the Executive Committee.
Section 2.
Removal of Executive Committee Member of National Officer
- Removal of an Officer for serious misconduct shall be initiated
by the presentation to the Executive Committee of a petition signed by
no fewer than 50% of the regular membership.
- The Executive Committee shall promptly hold a mail referendum
on the issue of removal from office. A three-fouths (3/4ths) vote of
the regular and special members shall be necessary to remove an
Officer from his/her office.
- The Executive Committee shall, by majority vote, fill the
unexpired term of any officer removed for serious misconduct.
Section 3.
Local Union Discipline
- Local Union Discipline may result in fines, suspensions or
expulsions from membership. Trials at the local union must conform to the
local union constitution and must provide, at a minimum, for procedural due
process and fundamental fairness. To wit: written notice of the charges, an
opportunity to defend against the charges and a decision by an impartial body.
It is unnecessary to provide representation by an attorney or to have a
transcript of proceedings incorporated into any local procedure.
Section 4.
Appeals
- Either the charged or the charging party may take an appeal in
accordance with this ARTICLE. The appeal must be filed with the
International Secretary-Treasurer within fifteen (15) days after
the receipt of the decision being appealed, shall be in writing and
specify the portions of the decision being appealed and the reasons
for appeal.
- Appeals from decisions of a local union trial board or the
local union Executive Committee shall be taken to the General
Executive Committee. Appeals from decisions of the General Executive
Committee shall be taken to the Convention.
- The judgement being appealed must be complied with before the
filing of the appeal, unless a majority of the Executive Committee,
for unusually good cause shown, shall specifically, and, in part or
in whole, absent such stay. The judgement shall stand and remain in
full force and effect unless and until reserved by the appellate body.
- The appellate body shall have discretion to consider the
case on the basis of the record made before the trial tribunal,
or by a retrial of all or some issues, and shall also have discretion
as to whether the parties may present their position in person or in
writing.
Section 5.
Exhaustion of Remedies
All remedies provided for in this Constitution must be exhausted
before resorting to any other court or tribunal.
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