ARTICLE 48

Local Union Audits

  23.       Section 1. The fiscal year of the Local Union
  24.   shall be from January 1st through December 31st.

  25.       Section 2. It shall be the duty of the Trustees of
  26.   each Local Union, as provided for in Article 40,
  27.   Section 12, to audit or cause to be audited by a
  28.   Certified Public Accountant the books and finan-
  29.   cial affairs of their Local Union semi-annually on
  30.   the porms supplied by the Unternational Union; and
  31.   this semi-annual report shall be made to the Local
  32.   Union and a copy forwarded to the International
  33.   Secretary-Treasurer of the International Union and
  34.   to the Local Union's Regional Director.

  35.       Section 3. Should inaccuracies or discrepan-
  36.   cies appear to exist in a Local Union, the Interna-
  37.   tional Secretary-Treasurer, upon the approval of
  38.   the International President or the International
  39.   Executive Board, shall have the authority to des-
  40.   ignate a representative to take charge of and audit
  41.   all financial books, records and accounts of said
  42.   Local Union and/or may employ a Certified Pub-

Page 125

  1. lic Accountant to audit same.

  2.     Section 4. The report and findings of the repre-
  3. sentative or the Certified Public Accountant shall
  4. be filed with the President of the Local Union and
  5. the International Secretary-Treasurer of the Inter-
  6. national Union.

  7.     Section 5. (a) If upon investigation by the Im-
  8. ternational Union or as the result of an audit it
  9. should appear that any member, alone or in con-
  10. cert with others, has received Union funds improp-
  11. erly, has spent Union funds improperly or other-
  12. wise has engaged in financial misconduct, the In-
  13. ternational Secretary-Treasurer shall set forth the
  14. specifics in writing to the International President.
  15. These shall include the exact nature of the alleged
  16. offense, the amount involved and the time during
  17. which such alleged offenses occurred.

  18.     (b) The International President shall within fif-
  19. teen (15) days of receipt of such specifics, forward
  20. a copy of them to the involved member by re-
  21. ceipted, registered or certified mail. If the member
  22. then makes restitution or otherwise corrects the fi-
  23. nancial misconduct and in the judgement of the In-
  24. ternational President no purpose would be served
  25. by further proceedings, the International President
  26. may terminate the investigation. However, if the
  27. member fails or refuses to make restitution or oth-
  28. erwise correct the financial misconduct, or if in
  29. the judgement of the International President further
  30. proceedings are warranted due to the nature of the
  31. alleged financial misconduct, the International
  32. President shall within twenty (20) days after noti-
  33. fication of the member, appoint a member or mem-
  34. bers of the International Executive Board or a staff
  35. member to conduct a hearing into the alleged fi-
  36. nancial misconduct. Within ten (10) days after the
  37. selection of a hearing officer/s, the member shall
  38. be notified in writing by the hearing officer/s, of
  39. the time and place of the hearing and her/his right
  40. to appear and to present evidence, witnesses and
  41. her/his position. Similar notice shall be given the
  42. International Secretary-Treasurer. The hearing must
  43. be held not less than fifteen (15) days nor more
  44. than thirty (30) days after notification to the mem-
  45. ber and the Secretary-Treasurer. The hearing shall
  46. be held as close as practical to the locality in which
  47. the member lives. The Secretary-Treasurer and the
  48. member (or their representatives) shall be notified
  49. to appear before the hearing officer/s with such

page 126

  1. counsel and witnesses as they may choose.
  2. The hearing officer/s shall conduct a fair hearing
  3. to illuminate the facts and issues. The hearing of-
  4. ficer/s shall make a written report to the Interna-
  5. tional President within twenty-one (21) days of the
  6. close of the hearing.

  7.     (c) The International President shall decide the
  8. case based on the files and record, briefs which
  9. may have been submitted and the recommenda-
  10. tion of the hearing officer/s. If the International
  11. President decides that there is convincing evidence
  12. of improper receipt or expenditure or other finan-
  13. cial misconduct, s/he may order reimbursement
  14. and, in her/his discretion, may summarily suspend
  15. the member from any office s/he may hold or the
  16. right to seek any Union office. Said member shall
  17. be promptly notified.

  18.     (d) Within thirty (30) days of such notification,
  19. the member may appeal the President's decision
  20. or action, in which case her/his appeal shall be pro-
  21. cessed in the same manner as appeals to the Inter-
  22. national Executive Board from decisions of sub-
  23. ordinate bodies under Article 33 of this Constitu-
  24. tion.

  25.     (e) Any appealed suspension shall automatically
  26. be lifted unless the International Executive Board
  27. has rendered its decision within one hundred twenty
  28. (120) days of the day the appealing member com-
  29. mences her/his appeal. If the suspended member
  30. fails to appeal from the suspension within the thirty
  31. (30) days allowed, or if the International Execu-
  32. tive Board upholds the suspension by a two-thirds
  33. (2/3) vote, the member shall be considered removed
  34. from any office or position s/he may have held, as
  35. well as from the privilege of seeking election or
  36. appointment to any office or position, and s/he shall
  37. not thereafter be eligible to hold any office or po-
  38. sition unless and until the removal has been lifted
  39. by a two-thirds vote of the International Ex-
  40. ecutive Board and then only when the member has
  41. made full restitution. Any member so suspended,
  42. whose appeal has been denied by the International
  43. Executive Board, may further appeal the suspen-
  44. sion either to the Public Review Board or the Con-
  45. vention Appeals Committee as provided for in Ar-
  46. ticle 33 of this Constitution.

  47.     (f) The procedure provided in this Section shall
  48. be in addition to and exclusive of any other action
  49. which may be taken against such member. Under

Page 127

  1. no circumstances shall a sum found to have been
  2. improperly received or spent be written off the
  3. books of a Local Union or a final settlement of
  4. same be made without the approval of the Interna-
  5. tional Secretary-Treasurer.

  6.     Section 6. If it is claimed that a member owes
  7. non-dues money to her/his Local Union, the Inter-
  8. national Union or the International Strike Insur-
  9. ance Fund, and that s/he has failed to meet the ob-
  10. ligation, a fair hearing shall be held to determine if
  11. s/he owes the obligation. The member shall receive
  12. written notice of the hearing setting forth the
  13. Union's claim as to the nature of the obligation
  14. and the amount owed. If, as a result of the hearing
  15. a determination is made that the member owes the
  16. money, the member shall be so notified in writing
  17. and given thirty (30) days to pay the money owed.
  18. If the member fails to meet an obligation to pay
  19. the amount owed within the thirty (30) days, the
  20. determination and documentation shall then be
  21. forwarded to the International President. If the fore-
  22. going provisions have been complied with, the In-
  23. ternational President shall advise the member and
  24. her/his Local Union that the member is not eligible
  25. to participate in the affairs of the Union until the
  26. obligation is paid. In the event the member dis-
  27. agrees with the decision of the International Presi-
  28. dent, the member shall have the right to appeal
  29. under Article 33 of this Constitution.