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Healthcare

Lin​ks

LOCAL NO. 2​1​1

INTERNATIONAL UNION OF OPERATING ENGINEERS

ALLIED BUILDING INSPECTORS

ARTICLE XIII.

Trials


Section 1. This Local Union shall have the power to discipline, fine, suspend or expel its members upon causes provided in Articles XI and XII and provided further that any member charged with the offenses designated in Articles XI and XII shall be tried within the jurisdiction of the Local Union where said offense was committed, in which case a copy of the verdict shall be sent to the Local Union to which the member charged belongs.


Section 2. All charges must be preferred in writing and signed by the complainant. Where the President-Business Manager is not the complainant, the charges must contain a signed statement of either the complainant or some other member that he/she has personal knowledge of the facts which form the basis of the charges. Charges must be filed within thirty (30) days of the event or circumstances giving rise to the charge, or within thirty (30) days of learning of the event or circumstance, whichever is later. Charges are to be filed with the Recording-Corresponding Secretary and read by the Record-Corresponding Secretary at the next succeeding meeting following the filing of same. Immediately upon filing of such charges the Recording-Corresponding Secretary shall notify the defendant in writing, enclosing a copy of said charges, and of the date set for the filing of the answer or defense or the entering of a plea by the defendant, which date shall be not less than two (2) nor more than four (4) weeks thereafter. Charges shall be specific, stating clearly, concisely and as accurately as possible the time, place, nature and circumstances of the offense alleged.


Section 3. Within thirty (30) days after the pleadings are filed, or the plea entered, the Local Union Executive Board, or any other Board within the Local Union established for the purpose, may at its discretion, order a pre-trial hearing and direct the complainants and defendants to appear at said hearing. All parties shall be notified in writing by Certified or Registered Mail providing the date, time and place of the hearing and the specific charges to be pre-tried. The purpose of the hearing shall be to define the issues and to make a preliminary determination as to whether the charges have merit. The Board, upon hearing all the parties, may at its discretion, decline to process these charges after such hearing, as being without merit. However, such decisions of the Board not to process the charges shall be appealable to the General Executive Board in accordance with the provisions of this Article. The failure of the complainant to appear at such pre-trial hearings may result in a dismissal of the charges by the Board. The Board shall also have the power to settle the matter at such hearing in the event such settlement is mutually agreeable to all parties. In the event the Board does not invoke the pre-trial procedures within the time set forth herein, or invokes the procedures and determines to proceed with the charges on their merits, the following provisions shall then become effective: After the pleadings are filed or the plea entered, or the time elapsed within which the same must be filed or entered, and the pre-trial procedure has been invoked and/or time limitation for same expired, the President-Business Manager shall cause the parties to be notified of the trial date, which must be the next regular meeting thereafter. Unless a request for postponement of the trial shall have been made to and granted by the President-Business Manager the trial shall proceed upon the date set. Complainants and defendants may present their own cases or by counsel selected from among the membership of the International Union of Operating Engineers. After all the evidence is in, and a full and impartial hearing has been had upon the issues, the President-Business Manager shall distinctly state the charge and charges and present the matter to the members present at said meeting for a vote.


Section 4. The said members shall vote by ballot either guilty or not guilty on the merits of each individual charge. Three tellers shall be appointed, one by the defendant, one by the complainant and one by the President-Business Manager (if the President-Business Manager is either complainant or defendant then the third teller shall be elected by the meeting), which tellers shall collect the ballots and announce the verdict. A three-fourths vote of the membership recorded as present shall be required for conviction in cases involving expulsion, and a majority vote in cases involving other penalties. If a verdict of guilty is returned, the President-Business Manager shall then prescribe the penalty permitted by the vote to be imposed.


Section 5. In the event the complainant fails to appear at the time set for trial the President-Business Manager may dismiss the charges unless otherwise determined by a two-thirds vote of the members present. In the event the defendant willfully fails to appear at the time of the trial the said trial may be conducted in his/her absence, a vote taken by the tellers appointed by the President-Business Manager a verdict announced and a penalty imposed.


Section 6. Any member other than the President-Business Manager of the Local Union preferring charges against another member as provided herein, must at the time of filing the charges deposit Fifty Dollars (S50.00) in cash or certified check for each individual charge and for each signatory to each such individual charge against each member. In the event a charge is proved, the deposit for that charge shall be returned to the member filing the same, and if not proved, shall be forfeited to the Local Union. Any member of the Local Union fined, disciplined or expelled shall have the right to appeal to the General Executive Board in the manner and form provided in the Constitution and the Laws and Rules established there under. Any appeal rightfully taken and properly filed wherein the penalty of expulsion is imposed shall cause the order of expulsion to be stayed until decision of the General Executive Board thereon. Unless by action of the General Executive Board thereon, waiving the requirement, no member may appeal from the imposition of a fine unless and until such fine shall first be paid by him/her.

          In the event the President-Business Manager of the Local Union is the complainant or the defendant he/she shall not participate as a member of the Local Union Executive Board in the pre-trial functions entrusted to the Board, and shall not exercise any of the functions entrusted to the President-Business Manager herein. All functions entrusted to the President-Business Manager shall, when the President-Business Manager is either the complainant or the defendant, be exercised by the Vice President or, if he/she is either the complainant or the defendant, then by any other Local Union officer selected by the Local Union Executive Board.


Section 7. In the event charges are filed by a member against an officer of the Local Union, the Local Union Executive Board must conduct a pre-trial hearing of the nature and in the manner described herein. The decision of the Local Union Executive Board, whether it be to decline to process the charges as being without merit or to submit the charges for trial within the Local Union, shall be subject to appeal to the General Executive Board in the manner governing appeals under the International Constitution. If, on appeal, the General Executive Board upholds the decision of the Local Union Executive Board not to process the charges, or if the General Executive Board reverses the decision of the Local Union Executive Board to submit the charges for trial within the Local Union, there shall be no Local Union trial and the charges shall be dismissed. Notwithstanding any other provision of the International Constitution there shall be no further appeal from such decision. If the General Executive Board reverses the decision of the Local Union Executive Board not to process the charges, or if the General Executive Board upholds the decision of the Local Union Executive Board to submit the charges for trial within the Local Union, it shall remand the charges to the Local Union for trial within the Local Union in the manner provided by this Article. Under the procedure herein provided, a reading of the charges at a membership meeting prescribed in this Article, shall be postponed until such time as the charges are ripe for trial at a membership meeting.


Section 8. The Local Union shall keep minutes of all trials conducted by it. A stenographic record of trial proceedings need not be taken unless the presiding officer of the trial so orders, or unless the charging party or the charged member so requests within seven (7) days of receipt of the notice of trial. The party requesting that such recording be made shall be responsible for the cost of the recording and the preparation of the transcript by a competent reporter, chosen by the presiding officer. Three (3) copies of the transcript shall be prepared so that each party and the Local Union may have one. The reporter shall attach an affidavit to each copy, stating that it is a true and accurate transcript of the proceeding.

BY LAWS OF THE IUOE LOCAL 211

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