ARTICLE 33
Appeals
15. Section 1. WHAT MAY BE APPEALED. Any
16. subordinate body or member thereof shall have the
17. right under this Article to appeal any action, deci-
18. sion, or penalty by any of the following, unless
19. otherwise provided:
20. (a)The International Union, its International
21. Executive Board or any of its Officers, Re-
22. gional Directors or International Representa-
23. tives;
24. (b)Any administrative arm of the International
25. Union, including its National Departments and
26. Bargaining Councils;
27. (c)A Local Union, or any of its units, commit-
28. tees, officers, committeepersons or stewards;
29. or
30. (d)Any other subordinate body of the Interna-
31. tional Union. A failure or refusal to act by any
32. of the foregoing, where it allegedly results in
33. an injury, may also be appealed.
34. Section 2. LEVELS OF APPEAL. This Sec-
35. tion specifies the levels of appeal for various types
36. of cases.
37. The normal route of appeal is: FIRST, to
38. the membership or delegate body immediately re-
39. sponsible for the official, officer, action or deci-
40. sion under challenge; SECOND, to the Interna-
41. tional Executive Board, unless the appeal begins
42. there; and THIRD, to the Convention Appeals
43. Committee or Public Review Board, as may be
44. appropriate. This normal route of appeal shall be
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- followed in all cases, except where this Constitu-
- tion makes specific provision for an alternate route
- of appeal. For purposes of illustration, in the fol-
- lowing common cases the normal route of appeal
- is as follows:
- In any challenge to the handling or dispo-
- sition of a grievance: Where the challenge is
- against a Local Union committeeperson, stew-
- ard, Bargaining Committee, officer or other
- Local Union official the levels of appeal are
- first to the unit of an Amalgamated Local
- Union, then to the Union; then to the Interna-
- tional Executive Board and then to the Con-
- vention Appeals Committee, or where appro-
- priate the Public Review Board. Where the
- challenge ia against an International Repre-
- sentative, Regional Director, International
- officer or Mational Department the levels of
- appeal are first to the International Executive
- Board, and then to the Convention Appeals
- Committee, or where appropriate to the Pub-
- lic Review Board.
- For any decision of a Local Union, or unit
- of an Amalgamated Local Union, on a Trial
- Committee's recommendation the levels of
- appeal are first to the International Executive
- Board and then to the Convention Appeals
- Committee or the Public Review Board. For
- disputes or questions in controversy, includ-
- ing all questions involving interpretation of
- this Constitution by the International Presi-
- dent under Article 13, Section 8 the levels of
- appeal are to the International Executive
- Board and then to the next Constitutional
- Convention. For any decision of the Interna-
- tional President under Article 48, Section 5
- the levels of appeal are to the International
- Executive Board and then to the Convention
- appeals Committee or the Public Review
- Board.
- (b)In the types of cases listed below, the appeal
- shall be limited as specified:
- For any action or decision by a national
- or corporate bargaining council or sub-coun-
- cil, or by a national or regional wage-hour
- council or sub-council, the route of appeal
- shall be directly to the International Execu-
- tive Board. There shall be no further appeal
- from the decision of the International Execu-
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- tive Board. For any action or decision per-
- taining to the following matters; sports and
- other recreational activities; rulings of the
- Chair on procedural questions arising during
- Local Union membership and other meetings;
- the appointment and/or removal of appointed
- officials on Local Union committees; and the
- sending of authorized members from a Local
- Union to any convention, conference, or other
- meeting, whether sponsored by the UAW or
- some other organization, except for the
- UAW's Constitutional Convention; unless Ar-
- ticle 46 Section 1, or some other substantive
- provision of this Constitution is implecated,
- the appeal shall be to the membership of the
- Local Union, or in the case of an Amalgam-
- ated Local Union, first to the membership of
- the appellant's unit, if necessary, and then to
- the delegate body or general membership of
- the Amalgamated Local Union. There shall
- be no further appeal from the decision of the
- membership of the Local Union or Amalgam-
- ated Local Union.
- For any action or decision pertaining to
- the seating of members at any conference or
- other meeting sponsored by the UAW, if there
- is a Credentials Committee for the conference
- or meeting, the appeal shall be first to the
- Credentials Committee and then to the gen-
- eral delegate body of the conference or meet-
- ing. If there is no Credentials Committee for
- the conference or meeting, the route of ap-
- peal shall be directly to the Director of the
- National Department or Region responsibly
- for the conference or meeting. There shall be
- no further appeal from the decision of the gen-
- eral delegate body or the Director of the Na-
- tional Department or Region, as the case may
- be. For any action or decision pertaining to
- the appointment or removal of special-pur-
- pose representatives, such as Benefit Repre-
- sentatives or Health and Safety
- Committeepersons by a National Department
- under the provisions of a collective bargain-
- ing agreement, the appeal shall be directly to
- the International Executive Board. There shall
- be no further appeal from the decision of the
- International Executive Board. For an inter-
- pretation of a collective bargaining agreement
- by a National Department or Regional Direc-
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- tor, where the interpretation is so obviously
- correct that no purpose will be served by an
- appeal, and where it is consistent with other
- provisions of this Constitution and Interna-
- tional Union policy, the appeal shall be di-
- rectly to the International President. There
- shall be no further appeal from that decision.
- Section 3. PROCEDURES AT EACH LEVEL
- OF APPEAL. This Section specifies the procedures
- at each level of appeal. In addition, any appeal is subject
- to the general requirements of Section 4 of
- this Article. Where this Constitution makes spe-
- cific provision for alternate procedures, those pro-
- cedures shall control.
- (a) Local Union. An appeal to the Local
- Union may be made at a meeting of the member-
- ship body, or may be made in writing addressed to
- the Recording Secretary. When no regularly sched-
- uled meeting of the membership body is held within
- forty-five (45) days of receipt of the appeal, the
- Local Union Executive Board may consider and
- rule on the appeal.
- (b) AMALGAMATED LOCAL UNION. In an
- Amalgamated Local Union an appeal must be made
- first at a meeting of the membership body of the
- appellant's unit or in writing addressed to the Re-
- cording Secretary or Chairperson of the appellant's
- unit. When no regularly scheduled meeting of the
- membership body or the unit is held within forty-
- five (45) days of the receipt of the appeal, the unit
- Committee or unit Executive Board may consider
- and rule on the appeal. An appeal from the unit is
- made to the Amalgamated Local Union's delegate
- body, where such exists, or to the general mem-
- bership meeting when no delegate body exists. This
- appeal shall be taken by submitting a written ap-
- peal to the Amalgamated Local Union's Recording
- ing Secretary. When no membership or delegate
- body meeting is held within forty-five (45) days
- of receipt of this appeal, the Local Union Execu-
- tive Board may consider and rule on the appeal.
- The Amalgamated Local Union shall review the
- appeal, with the aid of an investigating committee
- or otherwise, and shall determine the appeal; but if
- a unit Trial Committee is involved in the proceed-
- ings, it shall not select its own Trial Committee to
- retry the case.
- (c) OTHER SUBORDINATE BODIES. An ap-
- peal to other subordinate bodies, in matters within
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- their areas of responsibility under this Constitu-
- tion, may be made at a meeting of the membership
- or delegate body or may be made in writing to the
- Recording Secretary. When no regularly scheduled
- meeting of the membership or delegate body is held
- within forty-five (45) days of receipt of the appeal,
- the Executive Board of the subordinate body may
- consider and rule on the appeal.
- (d) INTERNATIONAL EXECUTIVE BOARD.
- An appeal to the International Executive Board
- shall be made in writing, signed by the member(s)
- and addressed to the International Executive Board
- in care of the International President. The appeal
- shall set forth the action or decision being appealed,
- shall be as specific and detailed as possible, and
- shall include all information available in support
- of the appeal.
- Appellate Cases The International Executive
- Board has appellate jurisdiction to consider and
- decide all appeals submitted to it from any deci-
- sion or action of a Local Union, Amalgamated
- Local Union or other subordinate body; except in
- the relevant types of cases set forth in Section 2(b)
- of this Article, the International Executive Board
- shall entertain an appellate case only when it has
- been ruled upon by the appropriate membership
- or delegate body. In this sort of appeal, the appel-
- lant should also send a copy of her/his appeal to
- that body's Recording Secretary. Upon receipt of
- an appeal, the International President shall secure
- from the Local Union, Amalgamated Local Union
- or other subordinate body, a complete statement
- of the matters at issue, including copies of all
- charges and records, minutes, transcripts if testi-
- mony and other material relating to the appeal.
- Original Matters. The International Executive
- Board has original jurisdiction to consider and de-
- cide all appeals submitted to it from any decision
- or action of an International Officer, Regional Di-
- rector, International Representative or any admin-
- istrative arm of the National Department of the
- International Union, except in the relevant types
- of cases set forth in Section 2(b) of this Article.
- Disposition By An Appeals Committee. The In-
- ternational Executive Board shall appoint a two
- (2)member Appeals Committee to consider the ap-
- peal and make recommendations. This Appeals
- Committee shall be composed of members of the
- International Executive Board, but shall not include
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- the Regional Director of the region from which the
- appeal originates. The appeal and any information
- secured by the International President shall be for-
- warded to the Appeals Committee. After a review
- of the appeal and record, the Appeals Committee
- may hold a hearing before either the full Commit-
- tee or in its discretion one of its members unless
- the Appeals Committee concludes that no useful
- purpose would be served by a hearing, in which
- event the Appeals Committee at its discretion may
- make recommendations on the appeal without a
- hearing. The Appeals Committee shall make a rec-
- ommendation which, together with the full record,
- shall be submitted to a Nine (9) Member Commit-
- tee of the International Executive Board, of which
- five (5) members, or their designee(s), shall con-
- stitute a quorum. The Nine (9) Member Commit-
- tee shall consider, the record, together with the
- Appeals Committee's recommendations, and shall
- make a decision on the appeal.
- Disposition By The International President The
- International President may, in his discretion, de-
- cide an appeal rather than submitting it to an Ap-
- peals Committee. In such a case, the International
- President may designate a representative to con-
- duct any investigation or hearing deemed neces-
- sary, in accordance with the procedures of this
- Subsection. The International President shall base
- her/his decision on the files and records of the case,
- and such briefs as may be submitted. In any ap-
- peal involving the handling or disposition of a
- greivance against an employer, the decision of the
- International President shall be submitted to the
- Nine (9) Member Committee of the International
- Executive Board.
- Review By The Full International Executive
- Board. Both where the appeal has been decided by
- the Nine (9) Member Committee of the Interna-
- tional Executive Board and where it has been de-
- cided by the International President, copies of the
- decision shall be sent to all members of the Inter-
- national Executive Board. The decision shall be-
- come the decision of the full International Execu-
- tive Board unless, within ten (10) days, one or more
- members of the International Executive Board
- raises an objection to the decision, in which case
- the appeal shall be referred for decision to the In-
- ternational Executive Board at its next regular
- meeting. The International President shall promptly
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- notify all parties concerned of the decision of the
- International Executive Board. The International
- Executive Board shall use its best efforts to render
- its decision within sixty (60) days of receipt of the
- appeal by the International President.
- (e) CONVENTION APPEALS COMMITTEE.
- An appeal to the Convention Appeals Committee
- shall be made in writing, signed by the member(s)
- and addressed to the Convention Appeals Com-
- mittee in cars of the International President.
- Jurisdiction And Procedure. The Convention
- Appeals Committee has jurisdiction to consider and
- decide all appeals submitted to it from any deci-
- sion or action of the International Executive Board
- or an International Trial Committee, except in the
- types of cases set forth in Section 2(b) of this Ar-
- ticle. The Convention Appeals Committee shall
- meet at least semi-annually, at the International
- Union Headquarters, to act on all appeals that have
- been submitted to it at least thirty (30) days prior
- to the date established for its meeting. The admin-
- istrative procedures for the Convention Appeals
- Committee in handling appeals shall be established
- by the International Executive Board, subject to
- review by subsequent Constitutional Conventions.
- All decisions of the Convention Appeals Commit-
- tee shall be final and binding.
- Selection Of Convention Appeals Committee.
- The Convention Appeals Committee shall consist
- of a member and a first and second alternate from
- each region to be selected by lot from the delegates
- from each region, when they elect their Regional
- Director. To provide continuity, members of the
- Convention Appeals Committee shall be selected
- from one-half of the regions at each Convention.
- Such members selected shall serve for two (2)
- Convention terms. In the event a vacancy occurs
- on the Convention Appeals Committee, it shall be
- filled by the ranking alternate from that region. All
- remaining vacancies shall be filled by lot at the
- next regular Constitutional Convention.
- (f) PUBLIC REVIEW BOARD. An appeal to the
- Public Review Board shall be made in writing,
- signed by the appellant, and addressed to the Pub-
- lic Review Board care of the International Presi-
- dent.
- Jurisdiction. In addition to the jurisdiction con-
- ferred elsewhere in this Constitution, the Public
Page 96
- Review Board has jurisdiction to consider and de-
- cide appeals from any decision or action of the In-
- ternational Executive Board or an International
- Trial Committee:
- Where the case arises under Article 10,
- Section 12; Article 12, Sections 2 and 3; Ar-
- ticle 16, Section 7; Article 30; Article 31; Ar-
- ticle 36, Sections 9 and 10; Article 38, Sec-
- tions 11 and 12; or Article 48 Sections 5 and
- 6;
- Where the International Executive Board,
- pursuant to Article 12, Section 17, has re-
- viewed the action or decision of its adminis-
- trative arm, or where the International Execu-
- tive Board has decided an appeal which con-
- cerns action or inaction relative to the pro-
- cessing of a grievance against an employer,
- subject however, to the limitation of Section
- 4(i) of this Article; and
- In any other case in which the International
- Executive Board has passed upon an appeal
- from the action of a Local Union, Amalgam-
- ated Local Union, or other subordinate body,
- except in the relevant types of cases set forth
- in Section 2(a) and (b) of this Article.
- Determining Jurisdiction. In cases that involve
- the processing of grievances, the Public Review
- Board shall first determine whether the specific al-
- legation upon which appellant claims the Public
- Review Board's jurisdiction to be based is or is
- not true. If the jurisdictional allegation is found to
- be false, it shall dismiss the appeal. If the appeal is
- thus dismissed, the appellant may, within thirty (30)
- days of notification of the dismissal, appeal the case
- to the Convention Appeals Committee, provided
- that in such an appeal, the appellant may not again
- raise any issue which the Public Review Board
- resolved in dismissing for lack of jurisdiction.
- Limitation. In no event shall the Public Review
- Board, under this or any other article, have juris-
- diction to review in any way an official collective
- bargaining policy of the International Union.
- Procedures. If the appellant elects to appeal to
- the Public Review Board, the appeal shall be con-
- sidered by the full Board, or a panel thereof. Where
- the Public Review Board has jurisdiction, the full
- Board or panel shall decide and dispose of all mat-
- ters raised by the appeal. The Public Review Board,
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- pursuant to Article 32, Section 6, shall establish its
- own rules of procedure including those governing
- the extent and scope of hearings. When notified
- that an appeal to the Public Review Board has been
- filed, the International President shall forward to
- the Chairperson of the Public Review Board all
- documents and records in the case. After studying
- said documents and records, the Public Review
- Board, or a panel thereof, shall hold a hearing,
- unless it concludes that the appeal is unsubstantial
- or that no useful purpose would be served by a
- hearing; in which event the appeal may be decided
- or dismissed without a hearing.
- The Public Review Board or panel thereof shall
- upon due consideration issue its decision, which
- shall be final and binding on all parties.
- Section 4. GENERAL REQUIREMENTS. The
- following rules, unless otherwise indicated, shall
- govern all levels of the foregoing appeal proce-
- dure:
- (a) CONTENTS OF APPEAL. Any appeal should
- set forth the action or decision being appealed
- and should include all information available
- in support of the appeal. The appeal should be
- as specific and detailed as possible and must
- be signed by the member(s).
- (b)CALCULATION OF TIME. The time limits
- of Section 4(c) of this Article begin to run from
- the time the appellant first becomes aware, or
- reasonably should have become aware, of the
- alleged action or decision appealed. In the case
- of an appeal from a decision of the Interna-
- tional Executive Board, the time limit shall
- begin to run when the appallant first receives
- notice of the decision. For purposes of this
- Article, "day" means a calendar day. If mailed,
- an appeal will be sonsidered filed on the date
- it is postmarked.
- (c) TIME LIMITS FOR APPEAL. To be consid-
- ered, an appeal must comply with these time
- limits, if no other time limit is specifically set
- forth in this Constitution: Appeal to Local
- Union sixty (60) days; Amalgamated Local
- Union Appeal to unit, sixty (60) days, appeal
- from unit to Amalgamated Local Union itself,
- thirty (30) days; appeal to other subordinate
- body sixty (60) days; appeal to International
- Executive Board appellate or original cases,
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- thrity (30) days; appeal to Convention Appeals
- Committee thirty (30) days; appeal to Public
- Review Board thirty (30) days.
- (d) EXTENSIONS OF TIME. In the case of an
- appeal to a Local Union, Amalgamated Local
- Union, or other subordinate body, on in the case
- of an appeal to the International Executive
- Board or Convention Appeals Committee, the
- International President may waive the time for
- filing the appeal if warranted by the circum-
- stances.
- (e) COMPLIANCE PENDING APPEAL> The de-
- cision of the lower tribunal, in all cases, must
- be complied with before an appeal can be ac-
- cepted by the next tribunal in autority and
- shall remain in effect until reversed or modi-
- fied. The International President may, upon
- written application of an appellant, waive in
- whole or in part requirements of such compli-
- ance where unusual circumstances warrant it.
- (f) COUNSEL. Any party to an appeal before the
- International Executive Board, Convention
- Appeals Committee or Public Review Board,
- shall be permitted representation by counsel
- or other representative of her/his choice. Un-
- less other wise specified in this Constitution,
- counsel are not permitted before a Local
- Union, Amalgamated Local Union, or other
- subordinate body, except as provided in Ar-
- ticle 31, Section 5. The party retaining coun-
- sel, or other representative, shall bear any cost
- of such representation.
- (g) BRIEFS. Any party to an appeal may submit
- a brief or other written statement of position.
- (h) Hearings. Hearings, when held, shall be
- such as, in the discretion of the tribunal, and
- shall bring to light all the facts and issues in-
- volved. The appellant and appellee (or their
- representatives) shall be required to appear,
- with such witnesses as they may choose, and
- shall answer fully and truthfully all questions
- put to them. The parties shall be afforded full
- opportunity to present their respective posi-
- tions on all matters bearing on the action, de-
- cision or penalty under review. A hearing held
- by the International Executive Board, through
- its Appeals Committee or the International
- President, shall be held as close to the locality
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- from which the appeal originates as possible
- in order to minimize the expense and incon-
- venience to the parties. A hearing before a
- panel or committee of a reviewing tribunal is
- deemed a hearing before the full reviewing
- tribunal.
- (1) GRIEVANCE AND RELATED APPEALS.
- In any appeal to the Public Review Board, un-
- der Section 3(f) of this Article, concerning the
- handling of a grievance or other issue involv-
- ing a collective bargaining agreement, the
- Public Review Board shall not have jurisdic-
- tion unless the appellant has alleged before the
- International Executive Board that the mat-
- ter was improperly handled because of fraud,
- discrimination or collusion with management,
- or that the dispositopn or handling of the mat-
- ter was devoid of any rational basis.
- Section 5. OBLIGATION TO EXHAUST IN-
- TERNAL UNION REMEDIES. It shall be the duty
- of any individual or body, if aggrieved by any ac-
- tion, decision or penalty imposed, to exhaust fully
- the individual or body's remedy and all appeals
- under this Constitution and the rules of this Union
- before going to a civil court or governmental
- agency for redress.