Articles 51-75

(FOR INFORMATIONAL PURPOSES ONLY)
(Not to be used in handling issues concerning interpretation of the UTU Constitution)

A member who has been suspended for non-payment of dues or assessments may be readmitted upon application on proper form and the payment of all money due up to the date of his/her suspension, plus dues and assessments for the current month and a reinstatement fee of $1.00. Where less than one calendar month has elapsed, no reinstatement fee will be required. A member expelled for causes other than non-payment of dues or assessments shall not be readmitted in less than six (6) months. A member expelled upon charges ordered by a convention, or one who was expelled for defrauding a local, shall secure a dispensation from the International President before presenting application for readmission.

Locals shall maintain a register showing the name, address, and employment of their members.

Locals shall also maintain an attendance register and require that every member who attends local meetings personally register his/her name and local number therein.

Local Secretaries shall be responsible for the maintenance of accurate registers by their local.

Except as otherwise provided in this Constitution, no member shall be entitled to any of the rights or benefits of the United Transportation Union, unless dues and assessments are paid within the time specified herein.

When authorized by a majority vote of its membership, a local may establish a Maintenance of Membership fund by levying an assessment of $1.00 per member for one month or transferring an equivalent amount from the local fund.

The purpose of the Maintenance of Membership fund is to provide a fund from which the local Treasurer may, without written request from the member or advance approval of the local, advance the dues and assessments of members who do not pay the same in advance before the first day of the month. The Treasurer will not advance the dues and assessments of a member who submits, before the first day of the month, written request for a termination of membership.

When dues and assessments are advanced from the Maintenance of Membership fund, the member involved must reimburse the fund for the amount of the dues and assessments plus a service charge of $1.00. Should the member fail to repay this amount during the month for which the advance was made, the Treasurer will make no further advances for benefits until the member has paid the indebtedness. If the member is subsequently suspended for non-payment of dues or discontinues membership in any other manner, the amount of indebtedness to the Maintenance of Membership fund will be deducted from any payment that may be due said member from the International or the local. If recovery of the amount due the Maintenance of Membership fund is not accomplished in this manner, the suspended member will not be readmitted to membership until the amount due has been paid.

A local shall hold at least one regular meeting each month at the time and place specified in its by-laws. Upon reasonable notice to the members and the International President a local may take action to change the place and time of meeting in the same town or city in accordance with its by-laws.

Special meetings may be called by the President of the local and the purpose thereof must be stated. The President shall call a special meeting, upon receipt of written request of five (5) members in good standing, stating the purpose for which the meeting is requested. In the absence of the President, the meeting shall be called by the Vice President or Secretary. Reasonable notice of special meetings shall be given to all members and no business shall be transacted except that for which a special meeting is called.

Five (5) members in good standing shall constitute a quorum for the transaction of business.

The elective officers of a local shall consist of a President, Vice President, Secretary and Treasurer, and a Board of Trustees consisting of three (3) members. By action of a local, the office of Secretary and Treasurer may be separated and elections held to fill each office. A local having fifty (50) or more members may create the office of Collector.

The President of the local may appoint officers consisting of guards, committees, and stewards as necessary to conduct the functions of the local.

Stewards will be responsible for the interchange of information and communication between local officers and the membership. They shall not be vested to act with any authority reserved to elected officers.

The elective and appointed officers shall serve for a period of three (3) years or until their successors assume office. No member may fill more than one (1) of these elective offices at the same time.

The election for officers of a local shall be held in November, 1969, and each three (3) years thereafter.

An election to fill the offices of Local Committees of Adjustment shall be held in November, 1970, and quadrennially thereafter.

An election for Legislative Representatives and Alternate Legislative Representatives shall be held in November, 1971, and quadrennially thereafter. Candidates for these offices must be qualified voters.

Local Committeepersons and Legislative Representatives shall assume their office on January 1, following the year of the Quadrennial election.

An election for Delegate and Alternate Delegate shall be held in November, 1970, and quadrennially thereafter. In locals having jurisdiction over more than one craft, the Delegate and Alternate Delegate must be elected from different crafts.

Officers stipulated in this Article shall be elected by secret ballot at a November meeting of the local, or by referendum vote, as provided by existing by-laws or procedures of each local. Nominations must be filed with the Secretary not later than the last regular meeting in October in the year of election. Where nominations are made by nominating petition, at least five (5) members eligible to vote shall sign the petition. The Secretary shall promptly acknowledge receipt of all petitions and read them at the last regular meeting in October.

The members present at the last regular meeting in October shall set the date on which the ballots shall be counted and the election held.

The Secretary shall prepare ballots showing the names of all candidates and the offices for which they are nominated.

Incumbent officers shall appear first with names of other candidates following in alphabetical order.

The ballots shall be prepared so as to provide a square opposite each candidate's name in which the voter can mark his/her preference of candidates.

In locals having more than one Local Committee of Adjustment for different crafts, the Secretary will provide a separate ballot for all eligible voters of each craft working under the jurisdiction of the committee involved.

When voting by mail referendum the ballot shall be mailed by government first-class mail to each member eligible to vote in envelopes bearing a return address the same as the Post Office address on the "Ballot" envelopes. Ballots shall be mailed at least fifteen (15) days prior to the date set to tabulate the ballots, together with a leaflet containing voting instructions, an envelope marked "A", and a stamped envelope marked "Ballot" addressed to the Secretary in care of the postmaster for mailing by the voter.

The Secretary shall arrange with the postmaster for a post office box. The key or combination of such box shall remain in possession of the postmaster. Such arrangement shall be confirmed by letter.

On the day set for the tabulation of the ballots and election, the President will appoint three (3) tellers. A copy of the letter confirming the arrangement with the postmaster will be furnished the tellers which will authorize the postmaster to deliver the contents of the box to the tellers at a given hour.

The tellers shall return to the local and canvass the ballots. They will check the names on the envelopes marked "Ballot" against the list of eligible voters furnished by the Secretary, open the envelopes marked "Ballot", and remove the envelopes marked "A". After all envelopes marked "Ballot" have been opened, and emptied, the envelopes marked "A" shall be opened, ballots removed, and canvassed by the tellers. The results shall be reported to the President of the local in writing.

The candidate receiving a majority of the votes cast for a given office shall be declared elected. If no one (1) of the candidates for a given office receives a majority of the votes cast, another ballot shall be submitted to all eligible voters upon which shall appear only the names of the two (2) candidates receiving the highest numbers of votes cast for that office. If any number of the candidates for a given office are tied for the highest number of the votes cast, another ballot shall be submitted to all eligible voters upon which shall appear only the names of the candidates receiving the highest number of votes cast for that office. If one (1) candidate receives the highest number but that number does not constitute a majority of the votes cast for a given office and any number of candidates are tied for the second highest number of votes cast, another ballot shall be submitted to all eligible voters upon which shall appear only the name of the candidate receiving the highest number and the names of the candidates receiving the second highest number of the votes cast for that office.

The Secretary will keep all election records for one (1) year, including used, unused and void ballots, eligible list, tally sheets, and "ballot" envelopes used to mail in marked ballots.

When only one (1) nomination has been received for an office the member so nominated will be declared elected on the day set for the tabulation of ballots and election.

In the event of a permanent vacancy in any office, the local shall proceed to fill the vacancy in accordance with the by-laws of the local or as provided in this Article; except the Vice President shall succeed to the office of President, the Alternate Legislative Representative shall succeed to the office of Legislative Representative, and the Alternate Delegate shall succeed to the office of Delegate.

In elections for Local Committees of Adjustment, only members in service under the jurisdiction of such committee will be notified of such election and permitted to file or sign nominating petitions and vote.

Locals failing to complete their regular elections during the month of November, must notify the International President the reason therefor and the date set for the completion of the election.

Locals must, following each election of officers or succession to office, promptly notify the General Secretary and Treasurer, interested General Chairpersons, and State, District, and Provincial Legislative Boards of the names and addresses of the new officers.

Local Officers, Committeepersons, Legislative Representatives and Delegates upon leaving office must promptly transfer all property, funds, securities, equipment and other effects of their office to their successor. Any member failing to comply with the provisions of this paragraph shall be suspended from membership in the United Transportation Union.

Candidates may have observers present during the counting and tallying process including the tallying of the ballots, totaling, recording, and reporting of tally sheets. In a mail ballot election, candidates may have observers present at the preparation and mailing of the ballots, their receipt, opening, and counting.

The elective and appointive officers enumerated in Article 56 shall be installed as soon as possible following their election and shall assume their duties on January 1 or as soon thereafter as they are installed.

They must present themselves at a regular or special meeting for installation within sixty (60) days following their election or appointment and failing to do so, their office will be declared vacant.

Where a vacancy is filled in an interim election, the successful candidate will assume the duties of such office immediately upon installation.

The installation ceremony shall be performed by the ranking or the most recent Past President, or if no Past President is available, by a member named by the officer presiding at the meeting. The officers to be installed will be called before the installing officer who will read the following obligation:

The President shall preside at all meetings of the local, enforce the provisions of this Constitution and the by-laws of the local, and exercise general supervision over its affairs. The President shall decide all questions of law and order, subject to appeal to the local by any two (2) members. He/she shall appoint a majority of all committees and shall sign all documents that require authentication.

The President shall see that the local officers respond to inquiries from the International and shall, with the Secretary and/or Treasurer, file all reports required of locals by Federal, State, Provincial, or local laws, and countersign all disbursements issued by check or draft.

The President may speak on any subject before the local but he/she may not vote except, in case of a tie vote, on a matter upon which he/she is otherwise eligible to vote shall cast the deciding ballot.

The Vice President shall assist the President in the discharge of his/her duties and preside at meetings in the absence of the President. He/she shall appoint a minority of all committees and, if the President's office becomes vacant, shall discharge the duties and assume the responsibilities of the President for the remainder of the term.

When a local President has completed his/her term of office and a successor has been installed, he/she shall become the ranking Past President of the local and shall serve as such until succeeded. He/she shall thereafter be a Past President according to the regular order of succession.

The Past President shall install the officers of the local and, in the absence of the President and Vice President, shall preside at local meetings.

The Secretary shall keep an accurate record of all proceedings, receive all communications, conduct the correspondence, and shall have charge of the seal and records of the local. He/she shall notify all officers of their election or appointment and shall notify other locals of action taken by his/her local which might affect, interest, or concern them.

The Secretary shall notify the General Secretary and Treasurer of all changes in the time and place of meetings and prepare, sign, and affix the seal to all documents requiring his/her official signature as provided by the Constitution and by-laws of the local.

He/she shall see that all notices required regarding elections and levying of assessments are sent in accordance with this Constitution. The Secretary shall perform the duties of the Treasurer in locals that do not provide for the separation of the offices of Secretary and Treasurer and shall, with the President and Treasurer, file all reports required by Federal, State, Provincial, or local laws.

The Treasurer shall receive all money due to be collected by the local and give his/her receipt for the same. Where a local maintains the office of Collector, the provisions of Article 65 will apply. The Treasurer shall hold and keep secure all local funds and shall be bonded as provided in Article 71 of this Constitution. He/she shall sign all papers requiring his/her signature and perform other duties required by this Constitution and the by-laws of the local. He/she shall keep an accurate account for all receipts and expenditures of the local on forms provided for that purpose. These records shall be open at all times for inspection and audit by officers of the International or their representatives.

The Treasurer shall promptly, but not later than the 20th day of each month, remit to the General Secretary and Treasurer all monies due the International. All disbursements issued by check or draft must be countersigned by the President of the local. Each disbursement shall be reported by the Treasurer at the first meeting of the local following the disbursement.

During the month of January of each year the Treasurer shall submit to the Board of Trustees a report in duplicate, on the form prescribed for that purpose, showing all receipts and disbursements of the local for the preceding year. The Board of Trustees will promptly audit the books and, if the Treasurer's report is found to be correct and the cash on hand or its equivalent has been verified, the Board members shall sign and submit the report to the first regular meeting of the local following the audit. A copy of the signed report shall then be sent to the General Secretary and Treasurer by the Board of Trustees.

The Treasurer shall be a member of all local committees which receive or disburse money. When local action is taken approving the disbursement of funds which in the opinion of the Treasurer is in violation of provisions of this Constitution or the local's by-laws, he/she shall withhold payment for a period not to exceed thirty (30) days and report the matter at once to the International President. The Treasurer will then be governed by the International President's instructions regarding the expenditure involved, subject to appeal.

The Treasurer shall notify the Treasurer of another local when he/she has knowledge that a member of his/her local is employed under the jurisdiction of the other local.

It shall be the responsibility of the Treasurer to credit dues and assessments paid to the appropriate Local Committee of Adjustment and General Committee of Adjustment accounts of his/her local in accordance with the provisions of this Constitution.

The Treasurer shall, with the President and Secretary, file all reports required by Federal, State, Provincial, and local laws.

The Collector shall receive all money due the local and will give receipt therefor. He/she shall, prior to the first day of each month, report to the local Treasurer on the required forms all money received during the current month and shall pay to the local Treasurer the amount so collected. His/her records shall be open at all times for inspection and audit by officers of the International or their representatives. He/she shall be bonded as provided in Article 71 of this Constitution.

ARTICLE 66
DUTIES OF LOCAL LEGISLATIVE REPRESENTATIVES IN THE UNITED STATES AND CANADA

(a) Local Legislative Representatives in the United States shall attend all meetings of their State or District Legislative Board. They shall report to their locals regarding the handling of all alleged unsafe or unsanitary working conditions found to exist, or reported to them, within their jurisdiction. They shall undertake to correct such conditions through appropriate measures consistent with the local and national policies of the United Transportation Union. If they are unable to correct the alleged unsafe or unsanitary working conditions, they will so report to the International President and the National Legislative Director regarding Federal matters and to the State or District Legislative Director regarding State or District matters. They shall urge all members of the United Transportation Union to qualify and vote in all elections. When called upon, they shall give all possible assistance to the International President, National Legislative Director, State or District Legislative Director, and the officers of the State or District Legislative Boards, subject to the supervision of the local.

(b) Local Legislative Representatives in Canada shall attend all meetings of their Provincial Legislative Board. They shall handle on a local level, and report to their local the handling of all matters affecting their membership, dealing with federal or provincial law and all alleged unsafe or unsanitary working conditions found to exist or reported to them within their jurisdiction. They shall undertake to correct such conditions through appropriate measures, consistent with the local and national policies of the United Transportation Union.

If they are unable to correct these matters, they will so report to the Chairperson of their Provincial Legislative Board, the Canadian Legislative Director and the International President.

They shall, when called upon, give all possible assistance to the International President, the Canadian Legislative Director and the Officers of the Canadian and Provincial Legislative Boards, subject to the supervision of their local.

The local Board of Trustees shall supervise the financial affairs of the local. Upon approval by the local the Board shall also have the authority to rent, lease, or purchase property, office equipment, or necessary supplies. Additionally, the Board shall assure that the Treasurer and other local officers are bonded as required by this Constitution.

The Board shall meet in the month of January of each year for the purpose of auditing the annual report of the Treasurer and verifying bank balances and cash on hand. If the Treasurer's annual report is found to be correct, the Board members shall endorse the report with their signatures, furnishing copies to the local and the General Secretary and Treasurer.

If any elected officer, Legislative Representative or Committeeperson of a local becomes negligent in the performance of his/her duties and responsibilities as a local representative, the local may, after due deliberation, take action to notify him/her to appear at a designated meeting and show cause why his/her office or position should not be declared vacant. The notice must be in writing and will fully specify the complaints he/she will be required to answer. If he/she fails to respond to the notice or if the explanations offered for his/her negligence are unsatisfactory, the local may, by majority vote of the members involved present at the meeting, declare his/her office or position vacant, unless he/she invokes the trial procedure as set forth in Article 74 within fifteen (15) days from the date of the aforementioned notice.

If any appointed officer or committeeperson is negligent in performing his/her duties as a local representative, the President of the local may declare the office vacant and appoint a successor at any regular meeting.

Officers and Committeepersons employed by their locals on a full-time basis shall be granted vacation with pay, consistent with the terms of the National Vacation Agreement, based upon earnings from their local. Such vacations may be split but will not be carried over from one year to the next.

Officers and Committeepersons employed by their locals on a part-time basis shall be paid the difference between the amount of vacation pay allowed by their carrier and the amount of vacation pay they would have received had their wages with the local been earned with the carrier. However, if they do not work a sufficient amount of time with their carrier to qualify for a vacation, they shall be allowed a vacation with pay, consistent with the terms of the National Vacation Agreement, based upon their total earnings with the carrier and the local.

Vacation allowances provided herein shall be paid by the Treasurer from the appropriate local funds within ten (10) days after receipt of the vacation claim. This Article is intended to prevent any loss in vacation time and pay as a result of serving the local.

The International President and the General Secretary and Treasurer shall arrange a plan for the bonding of local officers. Each local shall pay its pro rata share of the cost and expense of bonding under such rules and regulations as determined by the International President and the General Secretary and Treasurer.

If a shortage in local funds is found to exist or there is evidence that a shortage may exist, immediate notice with details and a statement of the evidence must be sent to the General Secretary and Treasurer by the President, Secretary, or other officers of the local having such knowledge.

Auditors of the International will audit local records in such cases and attempt to collect any shortage that may exist.

A local may deposit surplus assets with the International. Locals making such deposits shall be responsible for the pro rata share of expenses incidental thereto.

The Board of Trustees shall be the custodian of such assets deposited. The deposits shall be placed in a suitable safety deposit box. At least two (2) members of the Board of Trustees shall be present when assets are deposited or the deposit box is opened.

The General Secretary and Treasurer shall maintain a record of the deposits and attend to the collection of any income due thereon and remit same to the local involved.

Assets deposited with the International must be shown by the Treasurer as part of the balance on hand to the credit of the local. Deposits may be withdrawn at any time upon submitting to the General Secretary and Treasurer a resolution adopted by local action, signed by the President and Treasurer, and bearing the local seal.

The charter of a local may be revoked by the International President for any of the following reasons:

No charter shall be revoked until the International President has given at least thirty (30) days written notice to the President and Secretary of the local and the interested general chairpersons of his intention to revoke the charter and an International officer has attended a designated regular meeting of the local for the purpose of investigating the matter and giving the officers and members of the local an opportunity to be heard.

A local whose charter has been revoked shall be known as a defunct local. All property, funds, and securities of a defunct local shall automatically be vested in the local(s) into which its members are transferred, on a pro rata basis, as of the date the charter is revoked. The International President, after consultation with the interested general chairpersons, shall designate the local(s) into which the defunct local's members will be transferred consistent with such changes in jurisdiction as might become necessary as a result of closing the local.

The officers of a defunct local shall deliver to the General Secretary and Treasurer, within thirty (30) days after its charter is revoked, the charter, seal, and other supplies furnished by the International together with all funds, securities, and other effects of the local. Local officers who fail to comply with the provisions of this paragraph shall be suspended from membership in the United Transportation Union.

An expelled or suspended member whose local is defunct may file application for admission into the local then holding jurisdiction over his/her employment. Such application shall be treated and progressed as if it were an application for readmission under the provisions of Article 51 of this Constitution.

Any local wishing to surrender its charter may do so by majority vote of the members and shall notify the International President who will appoint a responsible representative to take full charge of the charter and all property of the local for disposition in accordance with this Article.

ARTICLE 74
CHARGES AND TRIALS - OFFICERS, COMMITTEEPERSONS, AND MEMBERS OF LOCALS, GENERAL COMMITTEES OF ADJUSTMENT, AND LEGISLATIVE BOARDS

(a) Charges may be preferred against a local officer, committeeperson, or member for failure to fulfill the obligations and responsibilities imposed upon them by this Constitution and/or the by-laws of the local.

Charges must be made in writing and shall clearly specify the alleged offense(s) together with the article(s) of this Constitution and/or those portions of the local by-laws, which it is alleged have been violated.

Charges must be signed by the party preferring them. He/she shall then forward the charges by certified mail to the Secretary of the local in which the accused holds membership unless the alleged offense was committed under the jurisdiction of another local, in which case the charges will be sent to the Secretary of that local.

A local officer or committeeperson against whom charges have been preferred shall continue in office while under charges unless otherwise voted by the local.

A member shall not be suspended for non-payment of dues while under charges. The local Treasurer is authorized to pay such membership dues from the local fund until the charges have been tried and determined. The money involved will be considered as a loan to the member and unless repaid on or before a day designated by the local the member will be suspended for non-payment of dues.

The local will consider the charges at its first regular meeting following their receipt by the Secretary of the local and unless charges are found to be completely lacking in substance or merit the local will accept the charges and authorize a trial.

A Trial Board consisting of five (5) members of the local working in the craft of the accused shall be elected by the local and the Trial Board shall elect from its members a Chairperson and a Secretary and proceed to try the case. Within three (3) days of their first meeting the Secretary of the Trial Board shall send to the accused by certified mail a copy of the charges and notice of the date, time, and place of trial. The date selected for the trial must permit not less than fifteen (15) days' advance notice to both parties involved in the trial. The trial shall be held within thirty (30) days from the meeting at which the charges were presented.

The Secretary of the Trial Board shall send by certified mail the same information relative to the trial to the party preferring the charges along with instructions to attend the trial for the purpose of submitting evidence and testimony in support of the charges and to participate in cross-examination by or on behalf of the accused.

The majority of the Trial Board shall constitute a quorum and, in the absence of a quorum, no trial shall be held and the Trial Board will report the circumstances to the local at its next meeting. If the local elects to continue the trial the Chairperson of the Trial Board will then set another date for the trial and notify all parties involved of the time, place, and date of the rescheduled trial which shall be held within thirty (30) days.

No member of a Trial Board shall be directly or indirectly involved as a party, witness, or otherwise in the conduct giving rise to the charges preferred against the accused. In the event any of the members of a Trial Board are so involved they shall be disqualified to sit and the local shall elect a substitute member.

Each party to a trial shall have the privilege of designating any party, except a party involved in the charges or proceedings, to act as his/her representative or counsel in the trial proceedings.

The party preferring the charges shall deliver in writing to the Chairperson of the Trial Board a list of the names of witnesses which he/she intends to call in support of the charges. He/she shall furnish a copy of such list to the accused and shall also act as prosecutor in the case either in person or through his/her counsel or representative.

For good cause any party may request a postponement of the date set for trial. Such request shall be addressed to the Chairperson of the Trial Board and shall be subject to approval or rejection within the discretion of the members of the Trial Board. Such postponement shall not exceed ninety (90) days.

Should the accused fail to appear for trial after being notified as prescribed in the foregoing, should he/she appear but refuse to comply with the rules for the conduct of the trial prescribed by this Constitution, the local by-laws, or the Trial Board, or should he/she engage in conduct designed to obstruct the trial, the Trial Board shall proceed to conduct the trial in his/her absence. The accused, the party preferring charges, counsel or other representative for either party, or any witnesses who are guilty of misconduct before the Trial Board shall be excluded thereafter from the trial proceedings and the trial shall continue in their absence.

The Trial Board shall arrange for a transcript of the trial proceedings. A copy of the transcript shall be furnished to each party without cost.

Both parties to the trial shall be given full opportunity to present any witnesses and all relevant evidence and exhibits which they deem necessary to a proper presentation of their case and shall be entitled to cross-examine witnesses of the other party. Should a witness be unable to attend any trial session of the Trial Board, the evidence of such witness may be taken in deposition form before a notary public or other civil officer authorized to administer oaths. Said deposition shall be admissible evidence at the trial proceedings provided the adverse party or his/her counsel is given the opportunity of being present and cross-examining the witness when the deposition is taken.

Before giving testimony, any witnesses who are members of the United Transportation Union shall be required to make the following affirmation:

All persons shall be excluded from trial sessions except the members of the Trial Board, parties to the trial and their counsel or representative, the witness who is testifying, and the reporter or person transcribing the testimony.

After all evidence has been presented and arguments made by all parties or their counsel, the Trial Board shall conclude the trial and, as soon as practicable, assemble in executive session for consideration of its decision.

The Trial Board shall render its decision in writing within fifteen (15) days following the date upon which the trial was concluded. If the accused is found guilty, the Trial Board shall fix the penalty to be assessed which shall be reprimand, removal from office, suspension, or expulsion from membership. Such decision shall contain a statement of the pertinent facts involved, the violations charged, and the penalty to be imposed if the verdict is one of guilt. Such decision and penalty shall be final and binding unless reversed or modified upon appeal as provided in Article 75 of this Constitution.

The Trial Board shall forward copies of its decision by certified mail to the accused and the party preferring the charges. Copies shall also be mailed to the International President, General Secretary and Treasurer, and the Secretary of the local.

If suspension is the penalty prescribed by the Trial Board, such suspension will be for not more than two (2) months beginning with the first day of the month following the month in which the Trial Board renders its decision.

If removal from office and/or expulsion from membership is the penalty, such removal and/or expulsion shall become effective on the date the Trial Board's decision is delivered to the accused by certified mail.

If reprimand is the penalty, the accused shall be summoned to attend a regular meeting of the local to be reprimanded by the President. If he/she fails to attend, the accused shall be suspended from membership until he/she does attend a meeting to receive the reprimand. If the failure to attend continues until the close of the month following the month in which the accused was summoned, he/she shall be expelled.

(b) Charges may be preferred against officers and members of General Committees of Adjustment or Legislative Boards for failure to fulfill the obligations and responsibilities imposed upon them by this Constitution and by their General Committee of Adjustment or Legislative Board.

Charges must be made in writing and shall clearly specify the alleged offense(s) together with the article(s) of this Constitution and/or those obligations and responsibilities which it is alleged have been violated.

Charges must be signed by the party preferring them. Said party shall forward copies by certified mail to the accused, the International President, and the Secretary of the General Committee of Adjustment or Secretary of the Legislative Board as the case may be. The International President shall promptly furnish copies of the charges to all members of the General Committee of Adjustment or Legislative Board involved.

If in the opinion of the majority of the members of the General Committee of Adjustment or Legislative Board the charges warrant trying the accused, the International President shall give the accused and the party preferring the charges fifteen (15) days' notice prior to the convening of a Trial Board to try the accused. The Trial Board shall consist of not more than five (5) members appointed by the International President from among those members of the General Committee of Adjustment or Legislative Board, as the case may be, who are not involved in the charges. The first named shall be chairperson. A majority of the Trial Board shall constitute a quorum. The Trial Board shall meet at the time and place chosen by the International President, elect a Secretary, and proceed to try the case.

Each party to a trial shall have the privilege of designating any party, except a party involved in the charges or proceedings, to act as his/her counsel or representative in the trial proceedings.

The party preferring the charges shall deliver in writing to the Chairperson of the Trial Board a list of names of witnesses which he/she intends to call in support of the charges and shall furnish a copy to the accused. The accuser shall also act as prosecutor in the case either in person or through his/her counsel or representative.

Should the accused fail to appear for trial after notice as prescribed in the foregoing, should he/she appear but refuse to comply with the rules for the conduct of the trial prescribed by this Constitution or the Trial Board, or should he/she engage in conduct designed to obstruct his/her trial, the Trial Board shall proceed to conduct the trial in his/her absence. The accused, the party preferring charges, counsel or other representative for either party, or any witnesses who are guilty of misconduct before the Trial Board shall be excluded thereafter from the trial proceedings and the trial shall continue in their absence.

The Trial Board shall arrange for a transcript of the trial proceedings. A copy of the transcript shall be furnished to each party without cost.

Both parties to the trial shall be given full opportunity to present any witnesses and all relevant evidence and exhibits which they deem necessary to a proper presentation of their case and shall be entitled to cross-examine witnesses of the other party. Should a witness be unable to attend any trial session of the Trial Board, the evidence of such witnesses may be taken in deposition form before a notary public or other civil officer authorized to administer oaths. Said deposition shall be admissible evidence at the trial proceedings provided the adverse party or his/her counsel is given the opportunity of being present and cross-examining the witness when the deposition is taken.

Before giving testimony, any witnesses who are members of the United Transportation Union shall be required to make the following affirmation:

All persons shall be excluded from trial sessions except members of the Trial Board, parties to the trial and their counsel or representative, the witness who is testifying, and the reporter or person transcribing the testimony.

The Trial Board shall render its decision in writing within fifteen (15) days following the date upon which the trial was concluded. If the accused is found guilty, the Trial Board shall fix the penalty to be assessed which shall be reprimand or removal from office. Such decision shall contain a statement of the pertinent facts involved, the violations charged, and the penalty to be imposed if the verdict is one of guilt. Such decision and penalty shall be final and binding unless reversed or modified upon appeal as provided in Article 75 of this Constitution.

If reprimand is the penalty, the International President shall issue the reprimand in writing to the accused and furnish all members of the General Committee of Adjustment or Legislative Board a copy of the reprimand.

If removal from office is the penalty, such removal shall become effective on the date the Trial Board's decision is delivered to the accused by certified mail. An officer or member thus removed may not again serve in any office of the United Transportation Union except upon approval of the International President.

I - TO THE BOARD OF APPEALS
(a)	An officer or member of a local may appeal from an action or decision of a local to the Board of Appeals, except as provided in Paragraph (c) below. Such appeal shall be filed with the General Secretary and Treasurer within ninety (90) days from the date the action or decision occurred.
(b)	A subordinate body may appeal an action or decision against it to the Board of Appeals, provided such appeal is filed with the General Secretary and Treasurer within ninety (90) days from the date the action or decision occurred.
(c)	An officer or member of a local may appeal from an action or decision of a Local Committee of Adjustment to the appropriate General Chairperson, provided such appeal is filed with the General Chairperson within ninety (90) days from the date the action or decision occurred.
(d)	A local or member of a local may appeal from an action or decision of a General Chairperson to the General Committee of Adjustment, provided the appeal is filed within ninety (90) days from the date the action or decision occurred. Appeals to the General Committee of Adjustment must be filed with the Secretary of the General Committee and shall be acted upon not later than the next session of the General Committee of Adjustment.
(e)	An appeal pending before a General Committee of Adjustment which has not been acted upon within ninety (90) days shall be referred by the Secretary of the General Committee of Adjustment to the Board of Appeals for a decision, provided the appellant makes a request to do so to the Secretary of the General Committee at least thirty (30) days prior to the date the Board of Appeals is scheduled to convene.
(f)	An appeal from the decision of the General Committee of Adjustment may be made to the Board of Appeals provided the appeal is filed with the General Secretary and Treasurer within ninety (90) days from the date of the decision of the General Committee of Adjustment.
II - TO THE BOARD OF DIRECTORS
(a)	A member or subordinate body may appeal to the Board of Directors from an interpretation of this Constitution made by the International President, provided such appeal is filed with the General Secretary and Treasurer within ninety (90) days from the date the decision by the International President was made.
(b)	Actions or decisions of Trial Boards may be appealed to the International President, provided such appeal is filed with the General Secretary and Treasurer within ninety (90) days from the date on which the action or decision occurred. The General Secretary and Treasurer shall docket the appeal and present all papers relating to the appeal to the International President. The International President will promptly render a decision on the appeal which shall be final and binding on all parties unless appealed to and reversed or modified by the Board of Directors. Appeals to the Board of Directors must be filed with the General Secretary and Treasurer within ninety (90) days from the date of the decision by the International President.
(c)	Decisions rendered by the Board of Directors on appeals referable to the Board shall be final and binding.
III - PROCEDURES
	In all appeals as provided herein the party whose action or decision is being appealed shall be allowed sixty (60) days from the date the appeal is filed to reply to the appeal. All appeals must be in writing, contain the pertinent facts involved, and set forth the basis of the appeal. The parties involved in an appeal shall exchange copies of the appeal and the reply thereto, and all related correspondence. Copies of decisions involving appeals will be furnished all interested parties.

1.	Improper conduct.
2.	Neglecting or refusing to conform to the provisions of this Constitution or the local's by-laws.
3.	Neglecting or refusing to make required returns and reports.
4.	Neglecting or refusing to hold at least one (1) regular meeting each month.
5.	Neglecting or refusing to elect and install a successor to an officer who was removed from office.
6.	Neglecting or refusing to bring an officer or member to trial when directed to do so by the International President.