UNITED TRANSPORTATION UNION
CONSTITUTION
(Articles 1 - 25)
(FOR INFORMATIONAL PURPOSES ONLY)
(Not to be used in handling issues concerning interpretation of
the UTU Constitution)
ARTICLE 1
NAME OF ORGANIZATION
This organization shall be known as the United Transportation Union and shall consist of an International Union, sometimes referred to as the "International," and a number of locals.
ARTICLE 2
OFFICERS, BOARDS AND MEMBERS
The International shall consist of the following Officers, Boards and Members:
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Vacancies occurring in positions not subject to attrition shall be filled as follows: |
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Vacancies not otherwise provided for in this Article shall be filled by a 2/3 vote of the Board of Directors. |
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(B) Boards: |
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Board of Directors - |
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Board of Trustees - |
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Board of of Appeals - United States |
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Five (5) Members |
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Board of of Appeals - Canada |
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Executive Board - |
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(C) Members: |
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(D) Attrition of Positions: |
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(E) President Emeritus: |
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(F) American members will vote for the following Officers and Boards: |
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(G) Canadian members will vote for the following Officers and Boards: |
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ARTICLE 3
HEADQUARTERS LOCATION
The headquarters of the United Transportation Union shall be Cleveland, Ohio, except that one or more departments or offices of the International Union may be located in other cities, if the Board of Directors determines such action is necessary.
ARTICLE 4
OFFICIAL SEAL, EMBLEM, AND RITUAL
The United Transportation Union shall have an official seal, emblem, and ritual which shall be selected by the Board of Directors. All official documents emanating from the United Transportation Union shall bear the imprint of its seal.
The General Secretary and Treasurer shall furnish each local with an appropriate seal and all official documents emanating from the local shall bear the imprint of its seal.
ARTICLE 5
DELEGATES
Each local shall elect a Delegate and an Alternate Delegate to the International during the year preceding the quadrennial convention, from the members of each local who have not voluntarily elected to receive a rebate of dues from any department. They shall assume their offices on January 1 of the year in which the convention is held and serve for a period of four (4) years.
In the event the Delegate is unable to attend the convention, it will be the duty of the Alternate Delegate to attend and represent the local.
If the office of Delegate becomes vacant for any reason, the Alternate Delegate will succeed to that office and the local will elect another Alternate to fill the unexpired term of the Alternate Delegate.
The General Secretary and Treasurer shall furnish each local in good standing with a credential form which shall be signed by the President and Secretary of the local. The credential shall bear the seal of the local and be furnished to the Delegate, which shall be authorization to represent the local at the convention of the International.
Delegates shall receive Vice President's daily rate of pay for their services and per diem at the maximum rate allowed by the Internal Revenue Service for the locality of the convention site, commencing on the travel day prior to the opening day of the convention, the five session days, and a travel day after the convention adjournment.
Each Delegate shall receive an expense allowance of twenty-eight (28¢) per mile from the city in which his/her local is located to the convention city and return by the most direct route, and based on accepted official Rand McNally Road Atlas mileage tables.
If a Delegate is absent at roll call or when the yeas and nays are called on any subject, no pay shall be received for that day unless excused by the convention.
A Delegate who becomes ill while attending a convention will, provided evidence of illness is reported to the convention, receive pay as though present.
A full time General Chairperson, Legislative Director or Representative, or other committee member or officer, who serves as Delegate to the International convention or some other position of the International, will be paid the salary and expense allowance established for the position he/she is filling or his/her regular salary and expense allowance, whichever is the greater. If, under this arrangement, he/she receives his/her regular salary and expense allowance, the salary and expense allowance he/she would otherwise have received as Delegate will be credited to the fund from which his/her regular salary and expense allowance is paid.
The General Secretary and Treasurer shall have printed in the United Transportation Union Directory the name, address, local number and title, if any, of each Delegate and Alternate Delegate.
ARTICLE 6
INTERNATIONAL UNION
The International Union shall convene in regular session quadrennially beginning in 1971, at a time and place selected by the Board of Directors and such regular or special session will not exceed seven (7) consecutive calendar days - five session days and (2) travel days (following each other in chronological sequence without break or interruption). The place selected by the Board of Directors shall be confined to the continental United States or Canada.
The International has jurisdiction over all subordinate bodies and all subjects pertaining to the United Transportation Union, except as provided in Article 80.
A majority of all Delegates in attendance at the convention shall constitute a quorum for the transaction of business.
The Board of Directors shall appoint, from among the Delegates, a Constitution Committee consisting of not less than one (1) member from each craft represented by the United Transportation Union.
The International President and Assistant President shall appoint a Committee on International Officers Reports consisting of not less than one (1) member from each craft represented by the United Transportation Union and such other committees, guards, messengers, etc., as may be necessary, to assist during the convention.
Officers and Delegates of the International will be furnished official badges at the beginning of the convention.
ARTICLE 7
ELIGIBILITY FOR OFFICE
Unless otherwise provided, any member paying full dues shall be eligible for election to any office in the United Transportation Union, except a member who:
| (a) | Has attained age 65 or
attains age 65 during the year of election; |
| (b) | Holds membership in any
other union representing transportation employees,
other fields of employment, trades and industries,
whether in public or private employment, except when a
member is forced by agreement to belong to another union; |
| (c) | Is serving in an official
capacity with a transportation company, other fields of
employment, trades and industries, whether in public or
private employment, except as yardmaster where the United
Transportation Union holds the contract for yardmasters;
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| (d) | Does not hold seniority rights in transportation service, other fields of employment, trades and industries, whether in public or private employment where the United Transportation Union holds the contract, except this does not apply when a member is dismissed from service and his case is being appealed; |
| (e) | Voluntarily elects to
receive a rebate of dues from any department will not be
eligible to hold office in that department and will not
be eligible for the offices of Delegate or Alternate
Delegate, Legislative Representative, or Alternate
Legislative Representative; |
| (f) | Is restricted from holding
office by Labor-Management Reporting and Disclosure Act;
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| (g) | Is an elected officer of the
International shall not be eligible to the office of
Delegate. |
| (h) | Members serving as Local
Officers (President, Vice President, Secretary,
Treasurer, Collector, Legislative Representative and
Trustee) and Local Committee of Adjustment Officers
(Local Chairperson, Vice Local Chairpersons and
Secretary) who serve on a part time basis need only be
members in good standing to retain their office. |
ARTICLE 8
ELECTION AND INSTALLATION OF INTERNATIONAL OFFICERS
Nominations for candidates shall be made from the floor by any Delegate. Seconds to the nominations and nominating speeches will not be required.
Any candidate declining nomination shall do so before nominations are closed. The presiding officer shall twice call for withdrawals before accepting a motion to close nominations.
Officers shall be elected by a secret ballot during each regular convention of the United Transportation Union.
Officers elected by a convention will be obligated and installed during the convention session. Officers who succeed to office under the provisions of this Constitution or are appointed by the Board of Directors between conventions will be installed, by the International President or his/her designated representative, before assuming office. The obligation shall be the same as that provided for officers of a local.
ARTICLE 9
TERM OF OFFICE
Officers of the International Union elected at a regular convention shall assume their offices on January 1 following their election and shall hold such office until January 1 following the adjournment of the next quadrennial convention, subject to the provisions of the Constitution.
ARTICLE 10
REPORTS OF OFFICERS
Vice Presidents, National Legislative Director, and Canadian Legislative Director shall make a report to the International President at the conclusion of each assignment.
All Officers and Boards of the International shall submit a report to the International President of their official acts and expenses incurred during each year. This report will be mailed to the Delegate. A copy of the report, together with vouchers and papers pertaining thereto, shall be submitted to the Board of Trustees.
ARTICLE 11
DELETED - Covered by Article 2
ARTICLE 12
INTERNATIONAL DUES AND ASSESSMENTS
The funds of the International shall be acquired by assessments of dues in the amount of $13.50 per month on all members employed in transportation service, other fields of employment, trades, and industries, whether public or private employers.
International dues will be apportioned to the various funds of the International as follows:
| Convention Fund | $ | 1 | .00 | |
| General Fund | $ | 1 | 0 | .50 |
| Maintenance of Membership Fund | $ | 1 | .00 | |
| Public Relations Fund | $ | .25 | ||
| Strike Fund | $ | .75 |
The International Board of Directors may grant a reduction of monthly International dues in situations where special circumstances exist. Requests for reduced International dues must be presented to the International Board of Trustees for consideration and subsequent referral to the International Board of Directors with a recommendation. Upon receipt of a Board of Trustees recommendation concerning a local's request for reduced International dues, a decision will be issued by the International Board of Directors within thirty (30) days.
For those members who hold membership in the United Transportation Union, and who are now required to pay dues in the B.L.E. in Canada under the Union Dues Agreement will now be allowed to continue membership in the UTU by paying Insurance Premiums plus $1.00 per month into the General Fund, while they are forced to pay dues to another organization, and the other organization holds the contract, and the Union Dues Agreement is in effect.
All receipts for charter fees, local supplies, official publications, and other sources not otherwise provided for shall be placed in the General Fund.
Except as otherwise provided in this Constitution, all disbursements for expenses incidental to conducting the business of the International shall be paid from the General Fund. Monies drawn on the Canadian Legislative Fund, on deposit in the General Fund, will be processed by the Ottawa office. Expenses in connection with conventions, public relation activities, strikes and maintenance of membership shall be paid from the funds created for such purposes. There shall be no transfer of funds from one account to another except upon approval by a majority vote of the Board of Directors.
The International President and Assistant President, in conjunction with a majority of the Board of Trustees, may increase the assessments as may be necessary for the protection of the members and the United Transportation Union, provided that such increases shall not exceed $2.00 per month and shall be used solely for the purpose for which levied. The effective date of any increase of assessments of dues must coincide with the requirements of any check-off Union Dues Agreement in effect.
All funds of the International shall be deposited to the credit of the International in a bank or banks selected by the Board of Trustees.
The Board of Trustees, in conjunction with the International President, shall be the custodians of all funds, properties, securities, books, documents, files, archives, and effects of the International and shall, on behalf of the International, purchase, sell, or transfer such securities as deemed advisable.
The International President and General Secretary and Treasurer shall be equally responsible for the disbursements of funds and checks shall bear the signatures of both, otherwise they shall be invalid.
ARTICLE 13
AMENDING CONSTITUTION
Proposed amendments to the Constitution may be submitted by any subordinate body or an International Officer at any time prior to one hundred and twenty (120) days before the convention begins.
All proposed amendments shall be submitted in writing to the General Secretary and Treasurer to be referred to the Constitution Committee. Each proposal shall be submitted separately, typewritten, on standard paper, be properly identified, with a clear and concise explanation given of the article to be amended.
The Constitution Committee shall be convened at the International Headquarters during the year in which the convention is to be held for the purpose of considering all proposed amendments. The Committee shall prepare a report which shall include all amendments referred to it for consideration. A copy of its report shall be submitted to each Delegate, subordinate body, and International officer at least thirty (30) days prior to the convention. The Committee shall report to the convention all amendments recommended by it. The committee shall not be empowered to make any proposals to the delegates that are not presented to the committee in accordance with this Article.
A two-thirds vote of the Delegates present shall be necessary to adopt amendments.
All amendments to the Constitution, except those which specify otherwise, shall become effective on the first day of the third month following adjournment of the convention at which they are adopted.
When any question of policy shall arise between conventions, or any proposed change, alteration, or amendment in the Constitution is suggested, which, in the opinion of a majority of the Board of Directors, is of such importance and urgency that it should be submitted to the Delegates; and when the calling of a special convention is not deemed advisable; the proposal shall be submitted in writing to all Delegates by the General Secretary and Treasurer.
The proposal shall be mailed to the Delegates of each local, all subordinate bodies, and International officers by the General Secretary and Treasurer within thirty (30) days after the action has been authorized by the Board of Directors.
When the Delegates shall have had an opportunity to present the proposal to the locals for discussion, they will cast their votes and return them to the General Secretary and Treasurer. If two-thirds of the Delegates voting favor the proposal, it shall have the same force and effect as any action adopted at a convention.
It shall be the duty of the Board of Trustees to canvass, determine, and certify the results of the vote as returned by the Delegates. The General Secretary and Treasurer shall report the result of the vote to the Delegates, all subordinate bodies, and International officers, indicating how each Delegate voted. Any change, ratified or adopted, shall become effective thirty (30) days from the date of certification, unless the proposal provides for a different effective date.
The amendments to the Constitution enacted at the convention shall be codified, printed, and sent to each member.
ARTICLE 14
SPECIAL CONVENTIONS
If two hundred (200) locals petition the General Secretary and Treasurer for a special convention, for a specified purpose, and all of these petitions are received within sixty (60) days after receipt of the first petition, the General Secretary and Treasurer shall send to each local in the United Transportation Union, within thirty (30) days thereafter, a circular stating that two hundred (200) locals have requested that a special convention be called for the purpose stated in the petitions, and that each local, at a regular meeting, shall vote on the question, "Shall a special convention be called for the purpose stated?"
If a majority of the members present vote "yes", then the circular shall be endorsed, under local seal, by the Secretary, signed by the President, and returned to the General Secretary and Treasurer. If a majority of the members present vote "no", the same procedure shall be followed.
The General Secretary and Treasurer shall set a date for the tabulation of the ballots, not less than sixty (60) days after the issuance of such circular, at which time the vote of the locals shall be returned to his/her office for tabulation. No ballot received after the time set for counting same shall be counted. The ballots shall be tabulated by the Board of Trustees, or their representatives. If a majority of the votes are favorable, the International President shall at once issue a call for a special convention for the purpose stated, such convention to be held not later than ninety (90) days after the tabulation of the ballots, and at a place to be determined by the Board of Directors.
The General Secretary and Treasurer shall, as soon as possible after the tabulation of the ballots, issue a circular to all subordinate bodies and International officers, giving the vote of each local and the results. All requests for a special convention, and the purpose for which the convention is desired, shall be published in the first issue of the International publication after the request is made.
ARTICLE 15
BONDING OF INTERNATIONAL OFFICERS AND EMPLOYEES
The Board of Trustees shall arrange for the bonding of International officers and employees. The members of the Board of Trustees shall be bonded for not less than $500,000.00 each; all other officers and employees, if required, shall be bonded for not less than $25,000.00 each, all payable to the United Transportation Union.
ARTICLE 16
INTERNATIONAL PRESIDENT
The International President shall be the executive head of the United Transportation Union, exercise general supervision over its affairs and interests including all subordinate bodies and shall preside at all sessions of International conventions.
The International President may employ sufficient personnel and such other assistance as necessary to properly conduct the business and affairs of the United Transportation Union.
The International President shall interpret all laws of the organization, decide all questions arising therefrom, and decide all other controversies not provided for under existing laws of the organization, subject to appeal to the Board of Directors - all in conformity with this Constitution.
Subject to Article 17, the International President shall perform all duties and responsibilities assigned under the Constitution and such other duties and responsibilities as may be necessary for the proper conduct of the affairs of the organization and the accomplishment of its objectives.
ARTICLE 17
DUTIES OF ASSISTANT PRESIDENT
The Assistant President shall assist the International President in the performance of his/her duties and in the formulation of all policies and programs of the United Transportation Union. He/she shall perform such other duties as may be assigned by the International President and as may be required by the Constitution.
In the event the office of the International President becomes vacant as a result of death, resignation, or removal, the Assistant President will immediately assume the duties of the International President.
The office of the Assistant President will be located at the Headquarters of the UTU International.
ARTICLE 18
DUTIES OF VICE PRESIDENTS
The Vice Presidents shall perform such duties as may be assigned by the International President or as may be required by the Constitution.
Vice Presidents shall be assigned a headquarters location, and with the approval of the International President may be permitted to provide office headquarters and employ such assistance as may be necessary. The office rent, authorized assistance, telephone service, and supplies to be paid from the General Fund.
ARTICLE 19
DUTIES OF THE GENERAL SECRETARY AND TREASURER
The General Secretary and Treasurer shall be the chief financial officer of the United Transportation Union and shall receive and collect all monies due the United Transportation Union, pay all bills of the United Transportation Union, countersign all checks and drafts requiring his/her signature, and such other papers as may be necessary in the transaction of the business of his/her office; jointly, with the International President, sign and seal all charters and dispensations; at each quadrennial convention submit a complete report of the activities of his/her office for the four-year period, including the receipts and expenditures of all funds; with the International President, make all arrangements for conventions of the United Transportation Union; and perform such other duties as may be assigned by the International President and as may be required by this Constitution.
The General Secretary and Treasurer shall furnish the General Chairperson, State and District Legislative Director and Provincial Legislative Board Chairperson a copy of a current billing of each Local under their jurisdiction once each quarter.
ARTICLE 20
ASSOCIATION OF STATE LEGISLATIVE DIRECTORS
The Legislative Director of each State and the District of Columbia shall form the Association of State Legislative Directors for the purpose of coordinating concerted efforts for securing the enactment of laws and regulations, or the repeal or modification of laws and regulations to ensure the protection and welfare of the members of the United Transportation Union, to exchange information regarding political and legislative activities affecting United Transportation Union members and to recommend a legislative agenda for the United Transportation Union.
The International president will convene the Association during the year 1996, and quadrennially thereafter. State Legislative Directors shall be members of the Association and shall represent their State Legislative Boards at each meeting with salaries and proper expenses to be paid from the International General Fund.
The Officers of the Association shall be a Chairperson, Vice Chairperson, Secretary and Treasurer to be elected by secret ballot during the 1996 meeting and quadrennially thereafter.
By-laws consistent with the provisions of this constitution will be adopted at the 1996 meeting.
A majority of Association Members shall constitute a quorum.
ARTICLE 21
DUTIES OF NATIONAL LEGISLATIVE DIRECTOR AND CANADIAN
LEGISLATIVE DIRECTOR
(a) The National Legislative Director shall devote his/her efforts to secure the enactment, modification, or repeal of laws in accordance with the legislative policy of the organization. He/she shall handle all legislative matters referred to him/her by the International President. He/she shall collect and compile statistics on legislation affecting the organization, which shall be included in his/her report to the convention. Copies of this report shall be furnished State Legislative Boards and to members on request.
The National Legislative Director shall handle with the proper agents of the Federal Government all alleged violations of Federal law, as brought to his/her attention, which involve the safety and welfare of our membership covered by such law. He/she will, when authorized by the International President, represent the United Transportation Union and/or the International President before Federal agencies and Congressional Committees, and in such other capacities as the International President may direct.
The National Legislative Director shall keep the International President advised on all bills and hearings before the Congress and other Federal agencies, which affect the interest of the organization. He/she shall furnish the International President copies of all bills introduced to the Congress which may affect the organization, and such information as will enable the International President to determine legislative policy on such matters in accordance with the law of the organization. He/she shall compile a voting record of the members of Congress on legislation affecting the interests of labor. Such voting record shall be furnished the International President, State, and District of Columbia Legislative Boards, prior to each election and/or after the adjournment of Congress. He/she shall submit recommendations to the International President for candidates for Congress, based on voting records and other information concerning each candidate. If there are differences of opinion between the National Legislative Director and a State or District of Columbia Legislative Board, such differences shall be submitted to the International President whose decision shall be final.
Headquarters for the United States National Legislative Department shall be maintained in Washington, D.C. The Legislative Director shall remain at the Capitol during sessions of the Congress and such other times as may be necessary to discharge his/her duties, unless otherwise instructed by the International President. The Legislative Director may employ sufficient personnel and such assistants as necessary to properly conduct the business of the department, subject to the approval of the International President.
(b) The Canadian Legislative Director shall devote his/her efforts to secure the enactment, modification, or repeal of laws in accordance with the legislative policy of the organization. He/she shall handle all legislative matters referred to him/her by the International President. He/she shall collect and compile statistics in legislation affecting the organization, which shall be included in his/her report to the Convention. Copies of his/her report shall be furnished Canadian and Provincial Legislative Boards and to members on request.
The Canadian Legislative Director shall handle with the proper agency of the Canadian Government alleged violations of Canadian law, as brought to his/her attention, which involve the safety and welfare of our membership covered by such law. He/she will, when authorized by the International President, represent the United Transportation Union and/or the International President before agencies and committees of the government and in such other capacities as the International President may direct.
Headquarters for the Canadian Legislative Department shall be maintained in Ottawa, Ontario. The Canadian Legislative Director shall remain at the Capital while Parliament is in session, and at such other times as in the opinion of the International President, promotion of legislative interests of the organization may require. He/she shall maintain supervision over all legislative questions of Canadian enactment and shall cooperate with, and assist, the officers of the Provincial Legislative Boards when such action is required. He/she may employ sufficient personnel and such assistants as necessary to properly conduct the business of the department, subject to the approval of the International President.
ARTICLE 22
BOARD OF TRUSTEES
The Board of Trustees shall elect from among the members of the Board a Chairperson, Vice Chairperson, and Secretary. The Vice Chairperson shall act in behalf of the Chairperson when so directed by the Chairperson. The Secretary shall keep a record of all transactions and proceedings of the Board. The Board shall see that the International officers discharge their financial duties faithfully and efficiently and, where irregularity or neglect of duty is found, it shall promptly prefer charges to the Executive Board, at all times acting consistent with applicable Federal, State, and Provincial laws. The Board shall submit a complete report to the International of all financial business transacted during the period between conventions, together with recommendations to promote the financial welfare of the organization.
The Board shall examine and audit the books and accounts of the International officers annually and shall employ an expert accountant for such audit.
It shall provide for extraordinary expenses of the organization and shall receive the bonds of all International officers and, if approved, each member shall endorse the bond with his/her signature before it is placed on file with the General Secretary and Treasurer.
They shall perform such other duties as required by the Constitution and as assigned by the International President.
ARTICLE 23
DUTIES OF THE BOARD OF DIRECTORS
The Board of Directors shall meet on the first Monday in the months of April and October, and on call of the International President, to consider all matters coming before it.
In circumstances in which an International officer is temporarily unable to perform the duties of his/her office due to illness or absence, the Board of Directors may designate an officer who will assume the duties of the ill or absent officer until he/she is in position to resume the duties of his/her office.
A majority of the Board of Directors shall decide matters coming before the Board, except as otherwise provided in this Constitution. Members of the Board of Directors must attend and participate in all Board meetings, unless prevented by illness or emergency.
A member of the Board of Directors will not be permitted to participate in the Board's consideration of, or decision on, appeals taken from his/her actions or decisions.
The Board of Directors may consider and implement plans of unification, affiliation, or merger with another labor union. Any such unification, affiliation, or merger shall be subject to convention approval or ratification by the membership of the United Transportation Union.
ARTICLE 24
EXECUTIVE BOARD
The Executive Board, immediately after its election, shall meet and elect a Chairperson and a Secretary. The Board shall promptly investigate charges preferred against International officers as provided in Article 25.
The Board shall file with the General Secretary and Treasurer a copy of all evidence considered by it and shall present a report of all charges considered, together with its verdict to the quadrennial convention.
It shall not consider any charge which has been previously considered and determined by the Board of Directors, Board of Appeals, Board of Trustees, the Convention, or that can properly be made the basis of appeal to such bodies.
Once charges are preferred, said charges come under the purview of the Executive Board to determine the Board's jurisdiction. Once the Executive Board has determined that a charge is under its jurisdiction, no other Board or Officer can interfere with the proceedings of the Executive Board.
ARTICLE 25
CHARGES AND TRIALS OF INTERNATIONAL OFFICERS
Charges may be preferred against International officers for failure to perform their duties and fulfill their responsibilities in accordance with their obligation of office and as required by this Constitution. Any officer against whom charges have been preferred shall receive a fair and impartial trial.
Charges must be in writing, shall be specific, signed by a member in good standing, and mailed to the Chairperson of the Executive Board. The Chairperson must furnish copies of the charges to the accused and other members of the Board.
If the charges are preferred by an International officer, the Chairperson shall convene the Board in not less than ten (10) days, nor more than thirty (30) days after receipt of the charges. If the charges are preferred by a member, other than an International officer, and if a majority of the Board considers the evidence submitted sufficient to proceed, the Chairperson shall set a date and time for trial to be held within thirty (30) days and notify the parties.
The Board shall convene at the headquarters location on the date appointed and proceed to try the accused. The accused and the member preferring charges may have counsel, call witnesses in their behalf, be present at the trial, and cross-examine any witness offering testimony in the case. The Board may summon such witnesses as it deems necessary.
The Secretary of the Executive Board must keep an accurate record of the proceedings and furnish a copy to the parties. If the accused is found not guilty, he/she shall be exonerated. If he/she is found guilty, he/she shall be censured, suspended, or removed from office, as the Board may determine. A prompt report of the Board's decision shall be made to all locals.