Article 30

Charges and Trials of International Officers

  34.       Section 1. Charges against International Offic-
  35.   ers or International Executive Board Members may
  36.   be filed in either of these manners:

  37.     (a)Upon written affidavit signed by five (5) or
  38.         more Board Members and filed with the In-
  39.         ternational Secretary-Treasurer.

  40.     (b)Upon written affidavit signed by a Local
  41.         Union member and endorsed by the member's
  42.         own Local Union and by at least (10) ad-
  43.         ditional Local Unions in the International
  44.         Union, or in the case of charges against an

Page 72.

  1.       International Executive Board Member, upon
  2.       written affidavit signed by the Local Union
  3.       member and endorsed by the member's own
  4.       Local Union and a majority of the Local
  5.       Unions within the region from which the In-
  6.       ternational Executive Board Member is
  7.       elected.

  8.     Section 2. In case the charges to be filed are
  9. against the International Secretary-Treasurer, they
  10. shall be filed with the International President who
  11. shall in that case alone perform the duties with ref-
  12. erence to the trial procedure.

  13.     Section 3. Upon receipt of the charges the In-
  14. ternational Secretary-Treasurer shall Immediately
  15. send a copy of the charges by receipted registered
  16. or certified mail to the accused and copies to all
  17. International Executive Board Members, notify-
  18. ing the accused that s/he has fifteen (15) days to
  19. prepare a defense and botifying the International
  20. Executive Board Members of a Special Interna-
  21. tional Executive Board Meeting to be called ten
  22. (10) days following filing of the charges.

  23.     Section 4. Pending the trial, the International
  24. Officer or International Executive Board Member
  25. accused shall continue to function in her/his elected
  26. capacity unless a Special International Executive
  27. Board Meeting is convened and votes by a two-
  28. thirds (2/3) vote for suspension as otherwise pro-
  29. vided in this Constitution.

  30.     Section 5. The first order of business at the
  31. Special International Executive Board Meeting
  32. shall be the setting up of an International Union
  33. Trial Committee. This Committee shall be chosen
  34. from among present members in good standing
  35. who were seated delegates at the preceding Inter-
  36. national Union Convention, but excluding any such
  37. who, at the time of selection of the Trial Commit-
  38. tee panel, are officers or amployees of the Interna-
  39. tional Union or are members of the International
  40. Executive Board. The name of each member quali-
  41. fied as aforesaid for service on the Trial Commit-
  42. tee shall be written on a slip of paper on which
  43. shall also appear the number and location of the
  44. Local Union from which s/he was a delegate, the
  45. said slips being all of uniform size and appearance.
  46. The said slips pf paper shall be deposited in a box
  47. by the Secretary-Treasurer in the presence of the
  48. International Executive Board and the box shall
  49. be sealed and thoroughly shaken. The International

Page 73

  1. Secretary-Treasurer shall then open the container
  2. and the member of the International Executive
  3. Board selected for that purpose and blindfolded
  4. shall draw the names of fifty (50) delegates, one
  5. by one. After these names are drawn they shall be
  6. read by the International Secretary-Treasurer in the
  7. presence of the International Executive Board and
  8. each name in succession shall be set opposite a
  9. number from one (1) to fifty (50).

  10.     Section 6. During the drawing of the names,
  11. the accused or her/his persona; representative shall
  12. have the right to be present, as may the accuser or
  13. a representative of the accuser.

  14.     Section 7. Immediately following the drawing
  15. of the panel, the Trial Committee shall be chosen.
  16. The accused and the accuser shall each have the
  17. right to strike ten (10) names from the panel. Ei-
  18. ther may waive the right in whole or in part, strik-
  19. ing in such case, less than ten (10) names, but the
  20. right of either party to strile ten (10) names shall
  21. not be affected by anu such waiver by the other.
  22. The parties shall proceed alternately in striking
  23. names from the panel, beginning with the accused.

  24.     Section 8. After these challenges have been
  25. made, the first twelve (12) persons whose names
  26. remain on the list shall be notified to report to the
  27. International Office within (5) days to pro-
  28. ceed with the trial. Local Unions shall also be no-
  29. tified when any of their members' names are drawn
  30. for service on the International Trial Committee.

  31.     Section 9. Such an order shall be mandatory
  32. upon any member of the Union receiving this no-
  33. tice. Shouls s/he fail to appear, unless her/his ab-
  34. sence is excused by a signed affidavit of Illness or
  35. Local Union emergency, attested to by the Execu-
  36. tive Board of the member's Local Union, such a
  37. member may be subject to charges in her/his Lo-
  38. cal Union, and to expulsion.

  39.     Section 10. Upon a member's appearance at
  40. the International Office, each member of the Trial
  41. Committee thus notified shall produce affidavit
  42. attesting her/his membership in good standing in
  43. her/his Local Union, signed by the Financial Sec-
  44. retary of the Local Union.

  45.     Section 11. In case one (1) or more members
  46. of the Trial Committee thus notified shall fail to
  47. appear for the above reasons or fail to produce such
  48. certificate of membership in good standing, the next

Page 74

  1. member of the panel, numbering down from one
  2. (1) to fifty (50) shall be notified to report.

  3.     Section 12. The International Trial Committee
  4. shall go into session immediately upon arrival of
  5. the full panel and shall hear the charges brought
  6. by the accuser and all the witnesses named for sub-
  7. stantiation, and shall hear the charges brought
  8. by the accuser and all witnesses for substantiation.
  9. The TRial Committee shall decide its own rules of
  10. procedure relating to the conduct of the trial and
  11. may elect its own Chairperson and Secretary, pro-
  12. viding that verbatim minutes of all evidence shall
  13. be reported by a court stenographer. The accused
  14. and the accuser shall have a right to be represented
  15. by counsel.

  16.     Section 13. The TrialCommittee, upon comple-
  17. tion of the hearing on the evidence and arguments,
  18. shall go into closed session to determine the ver-
  19. dict and penalty. A two-thirds (2/3) vote shall be
  20. required to find the accused guilty. In case the ac-
  21. cused is found guilty, the Trial Committee may, by
  22. a majority vote, reprimand the accused or it may,
  23. by a two-thirds (2/3) vote, suspend or remove the
  24. accused from office, or suspend or expel her/him
  25. from membership in the International Union.

  26.     Section 14. In case a Trial Committee finds the
  27. accused innocent they may determine the honest
  28. or malicious intent of the accuser. If they find the
  29. accuser guilty of obvious malice in filing the
  30. charges, they may assess a penalty against her/him
  31. in accordance with Section 13 of this Article.

  32.     Section 15 Charges against an International
  33. Officer or International Executive Board Member,
  34. concerning her/his own Local Union, shall not be
  35. filed according to Local Union trial procedures,
  36. but in accordance with the above provisions.