ARTICLE 31

Article 31

Trials of Members

37. Section 1. A charge by a member or members
38. in good standing that a member or members have
39. violated this Constitution or engaged in conduct
40. unbecoming a member of the Union must be spe-
41. cifically set forth in writing and signed by the mem-
42. ber or members making the charges. The charges
43. must state the exact nature of the alleged offense
44. or offenses and, if possible, the period of time dur-
45. ing which the offense or offenses allegedly took

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place. Two (2) or more members may be jointly
charges with having participated in the same act
or acts charged as an offense or with having acted
jointly in commission of such an offense and may
be jointly tried.
Section 2. Charges must be submitted to the
Recording Secretary of the Local Union or of the
Unit Workplace Organization, as the case may be,
within sixty (60) days of the time the complainant
first became aware, or reasonably should have been
aware, of the alleged offense; provided, that if the
charges are against the Recording Secretary, they
shall be submitted to the President of the Local
Union or the chief executive officer of the Unit
Workplace Organization, as the case may be, and
provided furhter, that charges preferred against one
for acts or conduct detrimental to the interest of
the Union or its members, committed while s/he
was out of the Union on withdrawal card, shall be
submitted within sixty (60) days from the time of
the deposit of her/his withdrawal card.
Section 3. Upon charges being submitted, it is
mandatory that a trial be held unless the charges
are withdrawan by the accuser or considered by the
Union to be improper under this Article.
Prior to the notification to a member that
charges have been filed against her/him, the Local
Union Executive Board or, in the case of an Amal-
gamated Local Union, the Unit Workplace Orga-
nization of which s/he is a member, shall review
the charges and consider them improper if:
(a)The charges do not state the exact nature of
the alleged offense as required by Section 1
of this Article;
(b)The charges are untimely under Section 2 of
this Article;
(c)The act complained of does not sustain a
charge of a violation of the Constitution or
conduct unbecoming a member of the Union;
(d)The charges involve a question which should
be decided by the membership at a member-
ship meeting and not by the trial procedure.
(e)In all cases, an otherwise proper charge(s)
must be supported by substantial direct
evidence, or the evidence of at least one (1)
corroborating witness which, if unrebutted,
would establish all elements of the
charge(s).

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Both the accused and the accuser shall be noti-
fied in writing of the Executive Board's or Unit
Workplace Organization's determination and either
the accused or the accuser may appeal from such
determination, pursuant to Article 33, Section 3(d).
Such an appeal must be limited to the question of
whether the charges are proper or improper under
items (a), (b), (c), (d) or (e) of this Section.
If a trial is ordered by the Local Union Execu-
tive Board and this order is appealed, no such trial
shall be held until the matter has been submitted
to, and an order thereon received, from the Inter-
national President.
Section 4. A member against whom proper
charges have been filed shall be notified of such
charges by receipted registered or certified mail
within seven (7) days after the charges have been
reviewed, as provided in Section 3 of this Article,
by the Local Union Executive Board or, in the case
of an Amalgamated Local Union, by the Unit Work-
place Organization of which s/he is a member.
Section 5. A member preferring charges, and a
member against whom charges are preferred, shall
be permitted representation by counsel of the
member's own choice; such counsel, however, shall
be required to abide by the Trial Procedure as es-
tablished by the Trial Committee and as outlined
in this Constitution.
Section 6. A member against whom charges
have been filed may be suspended from any elec-
tive or appointive office or position s/he may hold
in her/his Local Union or Unit, as the case may be,
pending trial, by a two-thirds (2/3) vote at such
Local Union or Unit membership meeting.
Section 7. The accused member shall be tried
by a Trial Committee selected by drawing names,
from the members attending the first Local Union
or Amalgamated Local Union unit meeting which
is held at least five (5) days after the notification
to the member charged. The presiding officer at
the meeting chall cause uniform cards bearing the
names of each member in attendance at that meet-
ing (with the exception of the presiding officer, the
presiding officer's designee to draw the cards, the
charging member, the charged member, and any
representatives designated by either of them as
counsel), to be placed in a container. A list of the
names of members appearing on those cards shall
be kept in the order in which they are drawn.

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(a)In Local Unions or units of Amalgamated
Local Unions with a membership of five hun-
dred (500) or more, a total of nineteen (19)
names shall be drawn. The names shall be
read off in the order in which drawn. It shall
be an obligation of the membership for any
member whose name has been drawn to serve
on the Trial Committee; provided that any such
member who feels that s/he cannot serve for
good and sufficient reasons may state those
reasons to the meeting and withdraw. If any
of the nineteen (19) named members shall so
withdraw, additional names shall be drawn so
that the list shall again total nineteen (19). The
charging member and charged member, or
their designated counsel, shall each have the
right to strike as many as five (5) names with-
out stating and grounds or reasons, it being
intended that each side be limited to five (5)
challenges even though more than one (1)
charged or charging party is involved. The
Trial Committee shall consist of the seven (7)
members whose names were first drawn, and
neither withdrawn nor stricken, and the next
two (2) members in order of drawing who have
not been withdrawn nor stricken shall serve
as alternates.
(b)In Local Unions authorized under Article 37,
Section 4, to hold annual general membership
meetings with monthly meetings of a work-
place counsel, Trial Committees may be se-
lected at the monthly meetings of the plant or
workplace council.
(c)In Local Unions or units of Amalgamated
Local Unions with a membership of more than
two hundred (200) but less than five hundred
(500), the same procedure shall be followed
except that the total names drawn shall be
twelve (12). The Trial Committee shall com-
sist of five (5) members and one (1) alternate,
and the parties shall be limited to three (3)
challenges.
(d)In Local Unions or units of Amalgamated
Local Unions with a membership of two hun-
dred (200) or less, the same procedure shall
be followed except that the total names drawn
shall be eight (8). The Trial Committee shall
consist of three (3) members and one (1) al-
ternate, and the parties shall be limited to two
(2) challenges.

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(e)If the size of a unit of an Amalgamated Local
Union is such as to make application on Sub-
section (d) above impractical, the delegate
body, or the membership of the Amalgamated
Local Union if no delegate body exists shall
be substituted for the unit membership as the
body from which the Trial Committee is to be
selected.
Section 8. Within seven (7) days after the Trial
Committee has been selected, the accused mem-
ber shall be notified of the time and place of the
trial which shall be held not less than fifteen (15)
days nor more than thirty (30) days from the date
of the member's receipt of such notification. The
Trial Committee shall submit its findings to the
Local Union not later than sixty (60) days from
the time such committee was selected.
All of the time periods provided herein may be
extended by the International President where, in
her/his judgment, justice will be served by such an
extension.
Section 9. Any Officer, Executive Board Mem-
ber or Joint Council delegate, where such council
exists, if charged with a violation of the Amalgam-
ated Local Union Bylaws or International Consti-
tution or if charged with being derelict in perform-
ing her/his duties as a Local Union officer or fail-
ure to carry out the union obligation which s/he
accepted, shall be tried by a Trial Committee se-
lected either from the delegate body of such Amal-
gamated Local Union, where such delegate body
exists, or from a general memebrship meeting
where no delegate body exists. Any disciplinary
action taken by said Trial Committee against such
Officer, Executive Board Member, or Joint Coun-
cil delegate shall be limited to her/his membership
in the Joint Council or governing body of the Amal-
gamated Local Union.
Section 10. The Trial Committee, upon comple-
tion of the hearing on the evidence and arguments,
shall go into closed session to determine the ver-
dicy and penalty. A two-thirds (2/3) vote shall be
required to find the accused guilty. In case the ac-
cused is found guilty, the Trial Committee may:
(a)By a majority vote, reprimand the accused; or
(b)It may, by a two-thirds (2/3) vote, suspend or
remove the accused from office or suspend or
expell her/him from membership in the Inter-
national Union.

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The Trail Committee may not apply more than
one (1) of the above two (2) penalties against the
accused.
Section 11. The Trail Committee shall there-
upon report its verdict and judgement to the body
from which it was selected at the membership
meeting of that body next following the determi-
nation of the verdict and judgement of the Trial
Committee, after giving the accused written noti-
fication of its verdict and judgment and of said
membership meeting. In case of a verdict of ac-
quittal, such verdict and judgment shall become
final upon being reported at said membership meet-
ing and no further action may be taken, except as
provided in Section 17 of this Article. In case of a
verdict of guilty, such verdict and judgment shall
become effective upon approval by a majority vote
taken by secret ballot at the membership meeting.
In case of a verdict of guilty, the membership meet-
ing may, by a majority vote taken by secret ballot,
modify the verdict or order a new trial. The vote
shall first be upon the verdict of guilty. If such ver-
dict is not approved by such majority vote, the ac-
cused shall stand acquitted. If the verdict of guilty
is approved by such majority vote, the vote shall
then be upon the penalty recommended by the Trial
Committee. This vote shall be conducted by first
voting by secret ballot upon the penalty recom-
mended by the Trial Committee. If a majority vote
supports the recommended penalty, it shall be con-
sidered approved. If a majority vote rejects the rec-
ommended penalty, the membership shall then de-
cide upon an appropriate penalty by majority vote
by secret ballot. The Recording Secretary shall
notify the accused member in writing of the ver-
dict and judgment resulting from that meeting.
Section 12. A member who is under suspen-
sion from membership, including a temporary sus-
pension, shall be required to pay all dues during
the period of suspension. Suspended members shall
not be entitled to "Out-of-Work" credits. In the case
of a workplace in which Union membership is a
condition of employment, suspension from mem-
bership, including temporary suspension, shall not
require removal from the job; provided that in cases
of extreme emergency, removal from the job may
be required by two-thirds vote of the local
Union or unit membership suspending the mem-
ber or approving the member's suspension. In the
case of a workplace in which Union membership

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is a condition of employment, expulsion from
membership shall require removal from the job.
Application of this Section, shall in all cases, how-
ever, be limited by applicable state or federal laws,
and no provision of this Section shall be applied in
any situation where the application would violate
any controlling state or federal law.
Section 13. In case the Trial Committee finds
the accused obviously innocen, it may determine
the honest malicious intent of the accuser. Should
the Trial Committee tentatively conclude that the
accuser was guilty of obvious malice, it shall so
notify her/him in writing and afford the accuser an
opportunity for a hearing. If, as a result of such
hearing, it finds the accuser guilty of obvious mal-
ice in filing the charges, it may assess a penalty
against the accuser in accordance with Section 10
of this Article. The procedures of Sections 10 and
11 of this Article shall be followed.
Section 14 In the event the charged party is
acquitted on her/his trial, the Trial Committee may
determine whether the accuser should be repri-
manded because the charge was frivolous or insub-
stantial. Should the Trial Committee Tentatively
conclude that the charge was frivolous or insub-
stantial, it shall so notify the accuser in writing and
afford the accuser an opportunity for a hearing. If,
as a result of such hearing, it finds that the charge
was frivolous or insubstantial, it shall submit to
the membership of the body from which it was se-
lected,a recommendation that the accuser who filed
the frivolous or insubstantial charges, be assessed
a penalty in accordance with Section 10 of this
Article. Such verdict and penalty in relation to the
accuser shall become effective only upon approval
of that membership. The procedures of Sections
10 and 11 of this Article shall be followed.
Section 15. Any higher body to which an ap-
peal from the decision of the Trial Committee is
made shall have the authority not only to accept or
reject the verdict, but may modify such a verdict
or order a new trial.
Section 16. Where a member against whom
charges have been filed has been duly suspended
in compliance with the provisions of Section 6 of
this Article and has been found guilty by the Trial
Committee, s/he shall have the right to attend the
meeting of the Unit Workplace Organization or of
the Local Union, as the case may be, in which any

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verdict and judgment is presented for approval, and
shall be afforded full opportunity to present to the
meeting her/his position on all matters bearing upon
the trial, verdict and judgment.
Section 17. In any case in which a member shall
have been tried upon charges alleging one or more
of the following offenses:
(a)Illegally seeking or holding office or position
in violation of Section 9 of Article 10;
(b)Misappropriation or embezzlement of Union
funds;
(c)Fraud in a Local Union election as defined in
Article 49;
Any other offense concerning which the
International Executive Board has the present
authority to act under the emergency provi-
sions of Article 31, Section 20;
an acquittal by the Trial Committee or by the Lo-
cal Union, if appealed, shall be reviewed directly
by the International Executive Board pursuant to
the procedures of Article 33, Section 3. Such ap-
peal must be taken within thirty (30) days by any
member of the Local Union or the Regional Di-
rector.
In any case of a conviction, the penalty may be re-
viewed by the International Executive Board upon
an appeal taken within thirty (30) days by any
member of the Local Uniion or the Regional Di-
rector on the grounds that the penalty imposed is
grossly disproportionate to the gravity of the of-
fense.
Section 18. Upon appeal from an acquittla, the
International Executive Board shall review the
record of the trial and subsequent proceedings in
the Local Union and such other matters relevant to
the charges and the appeal as it feels necessary in
order to assure justice. The Board shall be empow-
ered, if it finds that the verdict was against the treat
weight of the evidence, to set it aside and to order
a new trial by an International Union Trial Com-
mittee in accordance with Sections 22 and 23 of
this Article.
Upon appeal from a penalty, the International
Executive Board may refer the penalty to an Inter-
national Union Trial committee selected in accor-
dance with Sections 22 and 23 of this Article. The
International Union Trial Committee may in any
such case prescribe any penalty provided by this
Constitution but without reviewing the verdict of

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guilt.
Any decision by the International Executive
Board pursuant to this Section shall be appealable
through the normal procedures of Article 33, Sec-
tion 3, but the action of any subsequent appellant
body regardless of any other provisions of this
Constitution shall be confined within the area of
relief permitted by this Section.
Section 19. Any member expelled or suspended
from membership for more than two (2) years may
be reinstated to full membership or to membership
without right to hold office or appointive position
at any time after two (2) years following the final
action which effected the member's expulsion or
suspendsion. Such reinstatement may be ordered
only by a majority vote of the body which initiated
the action resulting in the member's expulsion or
suspension; provided that if that body is subordi-
nate to the International Executive Board, the re-
instatement shall be effective only if and when it
is approved by a majority vote of the International
Executive Board. If the body initially passing on
the petition for reinstatement denies that petition
in whole or in part, it shall be subject to the normal
appeal procedure provided in Article 33 of this
Constitution; provided that if the initial expulsion
or suspension was approved by either a Conven-
tion of the International Union or the Public Re-
view Board, any appeal from the decision of the
International Executive Board in connection with
the petition for reinstatement may be appealed only
to whichever of the two (2) bodies (the Conven-
tion or the Public Review Board) passed on the
initial expulsion or suspension.
Section 20. In cases of extreme emergency and
when it appears to the International Executive
Board that irreparable injury may result to the In-
ternational Union or to a subordinate body from
offenses punishable under this Constitution re-
cently committed or being committed by and mem-
ber or members unless the Board shall intervene;
and, without regard to the existence of a present
emergency, in any case in which it shall appear to
the Board that two (2) or more members have en-
gaged at any time since the original adoption of
this Section at the Twelfth Constitutional Conven-
tion in a conspiracy to commit an offense against
the Union; the Board may, if two-thirds (2/3) of its
members concur, prefer charges against such mem-

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ber or members for the violation of this Constitu-
tion or for conduct unbecoming a member of the
Union, which charges shall be specifically set forth-
in writing and signed by the Secretary-Treasurer
o the International Union. At the same session at
which any such charges are voted, the Board shall
select one (1) of its memberswho shall serve as
the representative for the Board in the trial of the
charges.
Section 21. If it shall be charged by the Inter-
national Executive Board that two (2) or more
members have participated in the same act or acts
charged as an offense or having acted jointly in
the commission of an offense, or have engaged in
a conspiracy to commit an offense punishable un-
der this Constitution, any such members may be
jointly tried.
Section 22. Charges preferred against a mem-
ber or members by the International Executive
Board shall be tried by an International Union Trial
Committee chosen in the manner provided for the
selection of such a committee in Article 30, Sec-
tions 5 through 12 inclusive, except that the ac-
cused and the representative for the International
Executive Board shall each be entitled to strike only
five (5) names from the panel. In cases where two
(2) or more members are charged jointly, the panel
drawn by the Secretary-Treasurer shall consist of
a number of names equal to fifty (50), plus ten (10)
times the number by whcih the number of accused
exceeds one (1); so that if there are two (2) ac-
cused, sixty (60) names shall be drawn; if three (3)
are accused seventy (70) names shall be drawn,
and so on. Each of the accused shall be entitled to
strike five (5) names and the representative for the
International Executive Board shall be entitled to
strike a number equal to five (5) times the number
of accused. The accused shall proceed in striking
names from the panel in the alphabetical order of
their names and in the manner provided in Article
30, Section 7.
Section 23. Upon completion of the trial, the
International Union Trial Committee shall go into
closed session to determine the verdict and pen-
alty. A two-thirds (2/3) vote shall be required to
find the accused guilty. In the event the accused is
found guilty, the International Union Trial Com-
mittee may impose the penalties provided by Sec-
tion 10 of this Article. In the event the International
Union Trial Committee finds the accused guilty,

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the accused may appeal the decision to the Con-
vention Appeals Committee or the Public Review
Board in the same way as provided in Article 33
for an appeal from a decision of the International
Executive Board. In the event the International
Trial Committee finds the accused not guilty
the decision shall be final.
Section 24. Whenever it is charged taht a mem-
ber is affirmatively engaged in the promotion,
implementation, furtherance or support of any other
union or collective bargaining group with the pur-
pose or intent of supplanting the International
Union, or any subordinate body thereof, as the rec-
ognized collective bargaining agent, or if the mem-
ber is affirmatively engaged in efforts to decertify
the International Union or any subordinate body
thereof as the recognized collective bargaining
agent, such charge will be filed with the Interna-
tional Executive Board and a copy shall be sent to
such member. The member shall be subject to sus-
pension or expulsion by the International Execu-
tive Board after hearing on such charges, with the
Board designating a special committee to conduct
a hearing and make recommendations in a manner
similar to that provided for the operation of Inter-
national Executive Board Appeals Committees
under Article 33 of this Constitution.
The special committee shall make recommen-
dations to the International Executive Board which
recommendations shall be processed by the Inter-
national Executive Board in the same manner that
it processes recommendations of said Appeals
Committees; provided that if the special commit-
tee recommends that the charged member be sus-
pended or expelled, it shall have the authority to
temporarily suspend the charged member until the
International Executive Board has taken action on
the recommendations. The International Executive
Board, if it finds the member guilty of the offense
charged by a two-thirds (2/3) vote, may suspend or
expel the member. Any member suspended or
expelled under this Section shall have the right to
appeal such suspension or expulsion either to the
Public Review Board or the Convention Appeals
Committee as provided in Article 33 of this Con-
stitution. The procedure provided for in this Sec-
tion shall be in addition to and exclusive of, any
other action which may be taken against such mem-
ber.