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

Page 90

  1. followed in all cases, except where this Constitu-
  2. tion makes specific provision for an alternate route
  3. of appeal. For purposes of illustration, in the fol-
  4. lowing common cases the normal route of appeal
  5. is as follows:

  6.           In any challenge to the handling or dispo-
  7.       sition of a grievance: Where the challenge is
  8.       against a Local Union committeeperson, stew-
  9.       ard, Bargaining Committee, officer or other
  10.       Local Union official the levels of appeal are
  11.       first to the unit of an Amalgamated Local
  12.       Union, then to the Union; then to the Interna-
  13.       tional Executive Board and then to the Con-
  14.       vention Appeals Committee, or where appro-
  15.       priate the Public Review Board. Where the
  16.       challenge ia against an International Repre-
  17.       sentative, Regional Director, International
  18.       officer or Mational Department the levels of
  19.       appeal are first to the International Executive
  20.       Board, and then to the Convention Appeals
  21.       Committee, or where appropriate to the Pub-
  22.       lic Review Board.

  23.           For any decision of a Local Union, or unit
  24.       of an Amalgamated Local Union, on a Trial
  25.       Committee's recommendation the levels of
  26.       appeal are first to the International Executive
  27.       Board and then to the Convention Appeals
  28.       Committee or the Public Review Board. For
  29.       disputes or questions in controversy, includ-
  30.       ing all questions involving interpretation of
  31.       this Constitution by the International Presi-
  32.       dent under Article 13, Section 8 the levels of
  33.       appeal are to the International Executive
  34.       Board and then to the next Constitutional
  35.       Convention. For any decision of the Interna-
  36.       tional President under Article 48, Section 5
  37.       the levels of appeal are to the International
  38.       Executive Board and then to the Convention
  39.       appeals Committee or the Public Review
  40.       Board.

  41.   (b)In the types of cases listed below, the appeal
  42.       shall be limited as specified:

  43.           For any action or decision by a national
  44.       or corporate bargaining council or sub-coun-
  45.       cil, or by a national or regional wage-hour
  46.       council or sub-council, the route of appeal
  47.       shall be directly to the International Execu-
  48.       tive Board. There shall be no further appeal
  49.       from the decision of the International Execu-

Page 91

  1.       tive Board. For any action or decision per-
  2.       taining to the following matters; sports and
  3.       other recreational activities; rulings of the
  4.       Chair on procedural questions arising during
  5.       Local Union membership and other meetings;
  6.       the appointment and/or removal of appointed
  7.       officials on Local Union committees; and the
  8.       sending of authorized members from a Local
  9.       Union to any convention, conference, or other
  10.       meeting, whether sponsored by the UAW or
  11.       some other organization, except for the
  12.       UAW's Constitutional Convention; unless Ar-
  13.       ticle 46 Section 1, or some other substantive
  14.       provision of this Constitution is implecated,
  15.       the appeal shall be to the membership of the
  16.       Local Union, or in the case of an Amalgam-
  17.       ated Local Union, first to the membership of
  18.       the appellant's unit, if necessary, and then to
  19.       the delegate body or general membership of
  20.       the Amalgamated Local Union. There shall
  21.       be no further appeal from the decision of the
  22.       membership of the Local Union or Amalgam-
  23.       ated Local Union.

  24.           For any action or decision pertaining to
  25.       the seating of members at any conference or
  26.       other meeting sponsored by the UAW, if there
  27.       is a Credentials Committee for the conference
  28.       or meeting, the appeal shall be first to the
  29.       Credentials Committee and then to the gen-
  30.       eral delegate body of the conference or meet-
  31.       ing. If there is no Credentials Committee for
  32.       the conference or meeting, the route of ap-
  33.       peal shall be directly to the Director of the
  34.       National Department or Region responsibly
  35.       for the conference or meeting. There shall be
  36.       no further appeal from the decision of the gen-
  37.       eral delegate body or the Director of the Na-
  38.       tional Department or Region, as the case may
  39.       be. For any action or decision pertaining to
  40.       the appointment or removal of special-pur-
  41.       pose representatives, such as Benefit Repre-
  42.       sentatives or Health and Safety
  43.       Committeepersons by a National Department
  44.       under the provisions of a collective bargain-
  45.       ing agreement, the appeal shall be directly to
  46.       the International Executive Board. There shall
  47.       be no further appeal from the decision of the
  48.       International Executive Board. For an inter-
  49.       pretation of a collective bargaining agreement
  50.       by a National Department or Regional Direc-

Page 92

  1.       tor, where the interpretation is so obviously
  2.       correct that no purpose will be served by an
  3.       appeal, and where it is consistent with other
  4.       provisions of this Constitution and Interna-
  5.       tional Union policy, the appeal shall be di-
  6.       rectly to the International President. There
  7.       shall be no further appeal from that decision.

  8.     Section 3. PROCEDURES AT EACH LEVEL
  9. OF APPEAL. This Section specifies the procedures
  10. at each level of appeal. In addition, any appeal is subject
  11. to the general requirements of Section 4 of
  12. this Article. Where this Constitution makes spe-
  13. cific provision for alternate procedures, those pro-
  14. cedures shall control.

  15.     (a) Local Union. An appeal to the Local
  16. Union may be made at a meeting of the member-
  17. ship body, or may be made in writing addressed to
  18. the Recording Secretary. When no regularly sched-
  19. uled meeting of the membership body is held within
  20. forty-five (45) days of receipt of the appeal, the
  21. Local Union Executive Board may consider and
  22. rule on the appeal.

  23.     (b) AMALGAMATED LOCAL UNION. In an
  24. Amalgamated Local Union an appeal must be made
  25. first at a meeting of the membership body of the
  26. appellant's unit or in writing addressed to the Re-
  27. cording Secretary or Chairperson of the appellant's
  28. unit. When no regularly scheduled meeting of the
  29. membership body or the unit is held within forty-
  30. five (45) days of the receipt of the appeal, the unit
  31. Committee or unit Executive Board may consider
  32. and rule on the appeal. An appeal from the unit is
  33. made to the Amalgamated Local Union's delegate
  34. body, where such exists, or to the general mem-
  35. bership meeting when no delegate body exists. This
  36. appeal shall be taken by submitting a written ap-
  37. peal to the Amalgamated Local Union's Recording
  38. ing Secretary. When no membership or delegate
  39. body meeting is held within forty-five (45) days
  40. of receipt of this appeal, the Local Union Execu-
  41. tive Board may consider and rule on the appeal.
  42. The Amalgamated Local Union shall review the
  43. appeal, with the aid of an investigating committee
  44. or otherwise, and shall determine the appeal; but if
  45. a unit Trial Committee is involved in the proceed-
  46. ings, it shall not select its own Trial Committee to
  47. retry the case.

  48.     (c) OTHER SUBORDINATE BODIES. An ap-
  49. peal to other subordinate bodies, in matters within

Page 93

  1. their areas of responsibility under this Constitu-
  2. tion, may be made at a meeting of the membership
  3. or delegate body or may be made in writing to the
  4. Recording Secretary. When no regularly scheduled
  5. meeting of the membership or delegate body is held
  6. within forty-five (45) days of receipt of the appeal,
  7. the Executive Board of the subordinate body may
  8. consider and rule on the appeal.

  9.     (d) INTERNATIONAL EXECUTIVE BOARD.
  10. An appeal to the International Executive Board
  11. shall be made in writing, signed by the member(s)
  12. and addressed to the International Executive Board
  13. in care of the International President. The appeal
  14. shall set forth the action or decision being appealed,
  15. shall be as specific and detailed as possible, and
  16. shall include all information available in support
  17. of the appeal.

  18.     Appellate Cases The International Executive
  19. Board has appellate jurisdiction to consider and
  20. decide all appeals submitted to it from any deci-
  21. sion or action of a Local Union, Amalgamated
  22. Local Union or other subordinate body; except in
  23. the relevant types of cases set forth in Section 2(b)
  24. of this Article, the International Executive Board
  25. shall entertain an appellate case only when it has
  26. been ruled upon by the appropriate membership
  27. or delegate body. In this sort of appeal, the appel-
  28. lant should also send a copy of her/his appeal to
  29. that body's Recording Secretary. Upon receipt of
  30. an appeal, the International President shall secure
  31. from the Local Union, Amalgamated Local Union
  32. or other subordinate body, a complete statement
  33. of the matters at issue, including copies of all
  34. charges and records, minutes, transcripts if testi-
  35. mony and other material relating to the appeal.

  36.     Original Matters. The International Executive
  37. Board has original jurisdiction to consider and de-
  38. cide all appeals submitted to it from any decision
  39. or action of an International Officer, Regional Di-
  40. rector, International Representative or any admin-
  41. istrative arm of the National Department of the
  42. International Union, except in the relevant types
  43. of cases set forth in Section 2(b) of this Article.

  44.     Disposition By An Appeals Committee. The In-
  45. ternational Executive Board shall appoint a two
  46. (2)member Appeals Committee to consider the ap-
  47. peal and make recommendations. This Appeals
  48. Committee shall be composed of members of the
  49. International Executive Board, but shall not include

Page 94

  1. the Regional Director of the region from which the
  2. appeal originates. The appeal and any information
  3. secured by the International President shall be for-
  4. warded to the Appeals Committee. After a review
  5. of the appeal and record, the Appeals Committee
  6. may hold a hearing before either the full Commit-
  7. tee or in its discretion one of its members unless
  8. the Appeals Committee concludes that no useful
  9. purpose would be served by a hearing, in which
  10. event the Appeals Committee at its discretion may
  11. make recommendations on the appeal without a
  12. hearing. The Appeals Committee shall make a rec-
  13. ommendation which, together with the full record,
  14. shall be submitted to a Nine (9) Member Commit-
  15. tee of the International Executive Board, of which
  16. five (5) members, or their designee(s), shall con-
  17. stitute a quorum. The Nine (9) Member Commit-
  18. tee shall consider, the record, together with the
  19. Appeals Committee's recommendations, and shall
  20. make a decision on the appeal.

  21.     Disposition By The International President The
  22. International President may, in his discretion, de-
  23. cide an appeal rather than submitting it to an Ap-
  24. peals Committee. In such a case, the International
  25. President may designate a representative to con-
  26. duct any investigation or hearing deemed neces-
  27. sary, in accordance with the procedures of this
  28. Subsection. The International President shall base
  29. her/his decision on the files and records of the case,
  30. and such briefs as may be submitted. In any ap-
  31. peal involving the handling or disposition of a
  32. greivance against an employer, the decision of the
  33. International President shall be submitted to the
  34. Nine (9) Member Committee of the International
  35. Executive Board.

  36.     Review By The Full International Executive
  37. Board. Both where the appeal has been decided by
  38. the Nine (9) Member Committee of the Interna-
  39. tional Executive Board and where it has been de-
  40. cided by the International President, copies of the
  41. decision shall be sent to all members of the Inter-
  42. national Executive Board. The decision shall be-
  43. come the decision of the full International Execu-
  44. tive Board unless, within ten (10) days, one or more
  45. members of the International Executive Board
  46. raises an objection to the decision, in which case
  47. the appeal shall be referred for decision to the In-
  48. ternational Executive Board at its next regular
  49. meeting. The International President shall promptly

Page 95

  1. notify all parties concerned of the decision of the
  2. International Executive Board. The International
  3. Executive Board shall use its best efforts to render
  4. its decision within sixty (60) days of receipt of the
  5. appeal by the International President.

  6.     (e) CONVENTION APPEALS COMMITTEE.
  7. An appeal to the Convention Appeals Committee
  8. shall be made in writing, signed by the member(s)
  9. and addressed to the Convention Appeals Com-
  10. mittee in cars of the International President.

  11.     Jurisdiction And Procedure. The Convention
  12. Appeals Committee has jurisdiction to consider and
  13. decide all appeals submitted to it from any deci-
  14. sion or action of the International Executive Board
  15. or an International Trial Committee, except in the
  16. types of cases set forth in Section 2(b) of this Ar-
  17. ticle. The Convention Appeals Committee shall
  18. meet at least semi-annually, at the International
  19. Union Headquarters, to act on all appeals that have
  20. been submitted to it at least thirty (30) days prior
  21. to the date established for its meeting. The admin-
  22. istrative procedures for the Convention Appeals
  23. Committee in handling appeals shall be established
  24. by the International Executive Board, subject to
  25. review by subsequent Constitutional Conventions.
  26. All decisions of the Convention Appeals Commit-
  27. tee shall be final and binding.

  28.     Selection Of Convention Appeals Committee.
  29. The Convention Appeals Committee shall consist
  30. of a member and a first and second alternate from
  31. each region to be selected by lot from the delegates
  32. from each region, when they elect their Regional
  33. Director. To provide continuity, members of the
  34. Convention Appeals Committee shall be selected
  35. from one-half of the regions at each Convention.
  36. Such members selected shall serve for two (2)
  37. Convention terms. In the event a vacancy occurs
  38. on the Convention Appeals Committee, it shall be
  39. filled by the ranking alternate from that region. All
  40. remaining vacancies shall be filled by lot at the
  41. next regular Constitutional Convention.

  42.     (f) PUBLIC REVIEW BOARD. An appeal to the
  43. Public Review Board shall be made in writing,
  44. signed by the appellant, and addressed to the Pub-
  45. lic Review Board care of the International Presi-
  46. dent.

  47.     Jurisdiction. In addition to the jurisdiction con-
  48. ferred elsewhere in this Constitution, the Public

Page 96

  1. Review Board has jurisdiction to consider and de-
  2. cide appeals from any decision or action of the In-
  3. ternational Executive Board or an International
  4. Trial Committee:

  5.             Where the case arises under Article 10,
  6.         Section 12; Article 12, Sections 2 and 3; Ar-
  7.         ticle 16, Section 7; Article 30; Article 31; Ar-
  8.         ticle 36, Sections 9 and 10; Article 38, Sec-
  9.         tions 11 and 12; or Article 48 Sections 5 and
  10.         6;

  11.             Where the International Executive Board,
  12.         pursuant to Article 12, Section 17, has re-
  13.         viewed the action or decision of its adminis-
  14.         trative arm, or where the International Execu-
  15.         tive Board has decided an appeal which con-
  16.         cerns action or inaction relative to the pro-
  17.         cessing of a grievance against an employer,
  18.         subject however, to the limitation of Section
  19.         4(i) of this Article; and

  20.             In any other case in which the International
  21.         Executive Board has passed upon an appeal
  22.         from the action of a Local Union, Amalgam-
  23.         ated Local Union, or other subordinate body,
  24.         except in the relevant types of cases set forth
  25.         in Section 2(a) and (b) of this Article.

  26.     Determining Jurisdiction. In cases that involve
  27. the processing of grievances, the Public Review
  28. Board shall first determine whether the specific al-
  29. legation upon which appellant claims the Public
  30. Review Board's jurisdiction to be based is or is
  31. not true. If the jurisdictional allegation is found to
  32. be false, it shall dismiss the appeal. If the appeal is
  33. thus dismissed, the appellant may, within thirty (30)
  34. days of notification of the dismissal, appeal the case
  35. to the Convention Appeals Committee, provided
  36. that in such an appeal, the appellant may not again
  37. raise any issue which the Public Review Board
  38. resolved in dismissing for lack of jurisdiction.

  39.     Limitation. In no event shall the Public Review
  40. Board, under this or any other article, have juris-
  41. diction to review in any way an official collective
  42. bargaining policy of the International Union.

  43.     Procedures. If the appellant elects to appeal to
  44. the Public Review Board, the appeal shall be con-
  45. sidered by the full Board, or a panel thereof. Where
  46. the Public Review Board has jurisdiction, the full
  47. Board or panel shall decide and dispose of all mat-
  48. ters raised by the appeal. The Public Review Board,

page 97

  1. pursuant to Article 32, Section 6, shall establish its
  2. own rules of procedure including those governing
  3. the extent and scope of hearings. When notified
  4. that an appeal to the Public Review Board has been
  5. filed, the International President shall forward to
  6. the Chairperson of the Public Review Board all
  7. documents and records in the case. After studying
  8. said documents and records, the Public Review
  9. Board, or a panel thereof, shall hold a hearing,
  10. unless it concludes that the appeal is unsubstantial
  11. or that no useful purpose would be served by a
  12. hearing; in which event the appeal may be decided
  13. or dismissed without a hearing.

  14.     The Public Review Board or panel thereof shall
  15. upon due consideration issue its decision, which
  16. shall be final and binding on all parties.

  17.     Section 4. GENERAL REQUIREMENTS. The
  18. following rules, unless otherwise indicated, shall
  19. govern all levels of the foregoing appeal proce-
  20. dure:

  21.   (a) CONTENTS OF APPEAL. Any appeal should
  22.         set forth the action or decision being appealed
  23.         and should include all information available
  24.         in support of the appeal. The appeal should be
  25.         as specific and detailed as possible and must
  26.         be signed by the member(s).

  27.   (b)CALCULATION OF TIME. The time limits
  28.         of Section 4(c) of this Article begin to run from
  29.         the time the appellant first becomes aware, or
  30.         reasonably should have become aware, of the
  31.         alleged action or decision appealed. In the case
  32.         of an appeal from a decision of the Interna-
  33.         tional Executive Board, the time limit shall
  34.         begin to run when the appallant first receives
  35.         notice of the decision. For purposes of this
  36.         Article, "day" means a calendar day. If mailed,
  37.         an appeal will be sonsidered filed on the date
  38.         it is postmarked.

  39.   (c) TIME LIMITS FOR APPEAL. To be consid-
  40.         ered, an appeal must comply with these time
  41.         limits, if no other time limit is specifically set
  42.         forth in this Constitution: Appeal to Local
  43.         Union sixty (60) days; Amalgamated Local
  44.         Union Appeal to unit, sixty (60) days, appeal
  45.         from unit to Amalgamated Local Union itself,
  46.         thirty (30) days; appeal to other subordinate
  47.         body sixty (60) days; appeal to International
  48.         Executive Board appellate or original cases,

Page 98

  1.         thrity (30) days; appeal to Convention Appeals
  2.         Committee thirty (30) days; appeal to Public
  3.         Review Board thirty (30) days.

  4.   (d) EXTENSIONS OF TIME. In the case of an
  5.         appeal to a Local Union, Amalgamated Local
  6.         Union, or other subordinate body, on in the case
  7.         of an appeal to the International Executive
  8.         Board or Convention Appeals Committee, the
  9.         International President may waive the time for
  10.         filing the appeal if warranted by the circum-
  11.         stances.

  12.   (e) COMPLIANCE PENDING APPEAL> The de-
  13.         cision of the lower tribunal, in all cases, must
  14.         be complied with before an appeal can be ac-
  15.         cepted by the next tribunal in autority and
  16.         shall remain in effect until reversed or modi-
  17.         fied. The International President may, upon
  18.         written application of an appellant, waive in
  19.         whole or in part requirements of such compli-
  20.         ance where unusual circumstances warrant it.

  21.   (f) COUNSEL. Any party to an appeal before the
  22.         International Executive Board, Convention
  23.         Appeals Committee or Public Review Board,
  24.         shall be permitted representation by counsel
  25.         or other representative of her/his choice. Un-
  26.         less other wise specified in this Constitution,
  27.         counsel are not permitted before a Local
  28.         Union, Amalgamated Local Union, or other
  29.         subordinate body, except as provided in Ar-
  30.         ticle 31, Section 5. The party retaining coun-
  31.         sel, or other representative, shall bear any cost
  32.         of such representation.

  33.   (g) BRIEFS. Any party to an appeal may submit
  34.         a brief or other written statement of position.

  35.   (h) Hearings. Hearings, when held, shall be
  36.         such as, in the discretion of the tribunal, and
  37.         shall bring to light all the facts and issues in-
  38.         volved. The appellant and appellee (or their
  39.         representatives) shall be required to appear,
  40.         with such witnesses as they may choose, and
  41.         shall answer fully and truthfully all questions
  42.         put to them. The parties shall be afforded full
  43.         opportunity to present their respective posi-
  44.         tions on all matters bearing on the action, de-
  45.         cision or penalty under review. A hearing held
  46.         by the International Executive Board, through
  47.         its Appeals Committee or the International
  48.         President, shall be held as close to the locality

Page 99

  1.         from which the appeal originates as possible
  2.         in order to minimize the expense and incon-
  3.         venience to the parties. A hearing before a
  4.         panel or committee of a reviewing tribunal is
  5.         deemed a hearing before the full reviewing
  6.         tribunal.

  7.   (1) GRIEVANCE AND RELATED APPEALS.
  8.         In any appeal to the Public Review Board, un-
  9.         der Section 3(f) of this Article, concerning the
  10.         handling of a grievance or other issue involv-
  11.         ing a collective bargaining agreement, the
  12.         Public Review Board shall not have jurisdic-
  13.         tion unless the appellant has alleged before the
  14.         International Executive Board that the mat-
  15.         ter was improperly handled because of fraud,
  16.         discrimination or collusion with management,
  17.         or that the dispositopn or handling of the mat-
  18.         ter was devoid of any rational basis.

  19.     Section 5. OBLIGATION TO EXHAUST IN-
  20. TERNAL UNION REMEDIES. It shall be the duty
  21. of any individual or body, if aggrieved by any ac-
  22. tion, decision or penalty imposed, to exhaust fully
  23. the individual or body's remedy and all appeals
  24. under this Constitution and the rules of this Union
  25. before going to a civil court or governmental
  26. agency for redress.