ARTICLE X

HEARING AND APPEAL PROCEDURES

　

A. Hearing of Membership Cases

1. Any member, regardless of membership status, may be fined, suspended, expelled or otherwise disciplined for any of the following acts:

a. Willful violation of this Constitution and Bylaws.

b. Making a false statement or withholding material information when applying for membership.

c. Disobeying or failing to comply with a decision of the Board of Directors, the Executive Board, that member's Master Executive Council or Local Council.

d. Misappropriating money or property of the Union.

e. Performing work for or assisting an airline during a period when the members of this Union are on strike against such airline, or when the members are respecting the picket lines of another Union on strike against the airline.

f. Entering into an employment agreement, or any contract which might injure the Union.

g. Improperly disclosing confidential matter of the Union.

h. Refusing or willfully neglecting to pay dues, initiation fee, assessments, fines or financial obligations to the Union.

i. Acting in any manner to circumvent, defeat or interfere with collective bargaining between the Union and an employer or with existing collective bargaining agreements.

j. Doing any act contrary to the best interests of the Union or its members.

k. Failing to give timely notice of transfer to Management Status under Article II.C.4.

1. Acting in any manner disloyal to the Union.

2. A charge or charges may be preferred against any member, regardless of membership status, within the Union by resolution of: Local Councils, Local Executive Councils, or Master Executive Councils; or by Local Council Presidents, Master Executive Council Presidents, or International Officers of the Union, except as provided in Paragraph 3. below.

3. The International Officers of the Union may not be charged under the provisions and procedures set forth in this Article for acts of omission or commission as a result of their duties in their offices but shall be subject to the provisions of Article IX.

　

B. Grievance Procedure

Any member or group of members on an airline having a dispute with the Union concerning interpretation of the Constitution and Bylaws or interpretation of policies, adopted by the Board of Directors, as outlined in Section A.I. of this Article, has the same right of hearing before the Hearing Board and the same privileges as to appeal before the Appeal Board as is accorded under this Article.

　

C. Status of an Accused Member

Status of an accused member in good standing may not be changed until all actions, hearings and appeals set forth in Section D. and F. of this Article have been completed and final adjudication provided, or the time limit for any appeal has expired. A member in such cases shall be afforded full protection and services of the Union, provided that such member's financial obligation to the Union remains current.

 

D. Hearing Procedures

1. Such charges shall be preferred in writing and shall be sufficiently specific as to the identity of the charged party and the alleged acts which constitute the basis of the charges and the provisions of the Constitution and Bylaws allegedly violated. The accused member shall be supplied with a copy thereof, sent to that member by certified mail, return receipt requested, at that member's last known address. If the letter is refused by the addressee, this nevertheless shall be deemed sufficient notice of the proceedings. It shall be the duty of the members of the Local Council to provide the correct address. The International Secretary-Treasurer of the Union on the same date shall be mailed a copy of the certified letter bearing the charges.

2. Such charges to be heard must be filed within ninety (90) days after the accuser becomes aware of the alleged offense, but in no case more than one (1) year after the alleged offense.

3. Such charges shall be heard by the accused member's Local Executive Council and decision published not less than fifteen (15) days nor more than sixty (60) days after receipt by the accused of the charges against such member provided, that by mutual consent, such hearing may be held sooner than fifteen (15) days but not later than sixty (60) days from the date of receipt of charges. Either the party charged or making such charges may apply to the Hearing Board to hear such case in the first instance. If such application is made, the Local Executive Council shall not conduct a hearing pending announcement by the Hearing Board of its decision to hear the case in the first instance. If the accuser makes such application, it shall be directed to the Hearing Board at the time the charges are filed. If the accused makes such application, such request that the Hearing Board hear the charges in the initial instance must be made no later than fifteen (15) days after the receipt of the charges. Announcement of the Hearing Board's decision on whether or not it will hear the charges must be made within fifteen (15) days of receipt of the request and published to the parties concerned, i.e., the accused, accuser, and the Local Executive Council concerned, by certified mail, return receipt requested.

4. If in the opinion of the Hearing Board good cause is shown for accepting jurisdiction to hear the case in the first instance, the hearing shall be held not later than sixty (60) days after receipt by the accused of the Hearing Board's decision to hear the charges against such member and a decision published as soon as possible thereafter, but not later than fifteen (15) days from the date of the hearing.

5. Both the accused member and the accuser shall have the right, both at the original hearing and at any appeal taken therefrom, to designate and be represented by an active member in good standing. Whether or not the accused member appears at the hearing or any adjourned date thereof, evidence either for or against such member may be received. If the accused or the party preferring charges fails to appear at such hearing, or fails to request a hearing as provided in Section F. of this Article, such member shall be deemed to have waived those rights to an appeal from the decision of the hearing body, provided that if such member shows good cause for not appearing at the hearing, such member's rights to appeal shall not be denied as provided hereinafter.

6. Should the accused member be a Local Executive Council member or an Officer of the Union, or should the accused member not have any active affiliation with any Local Council, then such charges shall be tried by the Hearing Board in the first instance. When accused members from more than one (1) Local Council are jointly charged, such charges shall be heard by the Hearing Board in the first instance.

8. Upon conclusion of a hearing conducted before a Local Executive Council or the Hearing Board, such body shall render its decision subject to the time limitations in Paragraph 4. of this Section, sustaining or dismissing the charges in whole or part, and shall affix penalties or direct disciplinary action as it deems proper. Such decision shall be in writing, sent certified mail, return receipt requested, with a copy furnished to the accused member, the person or body making the charges, and the International Secretary-Treasurer of the Union for the permanent records at the International Office. Any decision of the Local Executive Council or the Hearing Board shall be final and binding, unless appealed in accordance with the provisions of Article X.F., and any penalties or disciplinary action, including fines, ordered shall be legal obligations of the member upon whom imposed and enforceable in court of law. All Hearing Board decisions shall be distributed to all members of the Executive Board as soon as they are available.

　

E. Hearing Board

1. A Hearing Board shall be established to hear cases in the initial instance under the procedures provided in Section D. of this Article.

2. The Hearing Board shall be composed of three (3) regular and two (2) alternate members who shall be active members in good standing appointed jointly by the International President and the International Secretary-Treasurer with the approval of the Executive Board from a list of candidates furnished by each Master Executive Council.

3. At the commencement of each Executive Board meeting or Board of Directors meeting each Master Executive Council shall furnish to the International Secretary-Treasurer of the Union the names, addresses and phone numbers of the members of its airline who are willing to serve on such Hearing Board or on the Appeal Board provided by Section G. of this Article. The number of names submitted shall equal the number of Councils on the airlines. It is not necessary that each Council be represented. At the time written notice of each Executive Board or Board of Directors meeting is sent, pursuant to Article VI.C.2., or Article V.D.2., each Master Executive Council will be notified of its present nominees and given an opportunity to predesignate or replace its member or members on the panel.

4. Appointments to the Hearing Board shall be made promptly following the deadline for submission of candidates as specified in Paragraph 3. of this Section.

5. The term of office for the members and alternates shall be for two (2) years commencing the January 1 following their appointment, until reappointed, or until their successors have been appointed.

6. The Hearing Board shall elect one (1) of their members as Chairperson.

7. Vacancies on the Hearing Board shall be filled by the International President and International Secretary-Treasurer from candidates on the panel or from among the alternates. Vacancies among the alternates shall be filled by appointment from the candidates on the panel.

　

F. Appeal Procedures

1. The accused member or the party making the charge, being aggrieved by the decision, may appeal therefrom to the Appeal Board. This appeal shall be by written request within fifteen (15) days from the date of receipt of the written decision from which such appeal is taken.

　

3. The Appeal Board may hear appeals solely upon the evidence and decision submitted to it. Upon application of any party, or upon its own motion, the Appeal Board may take additional evidence as it deems proper. The Appeal Board shall designate a time and place and any adjournments for the hearing of charges, with notice of the hearing sent certified mail, return receipt requested. The Appeal Board shall issue its decision no later than one hundred twenty (120) days from the date the charges were initially filed.

4. The decision of the Appeal Board shall be final and binding, and any penalties or disciplinary action, including fines ordered, shall be legal obligations of the member upon whom imposed and enforceable in a court of law. The decision shall be in writing, sent certified mail, return receipt requested, and shall be furnished to the accused member and to the person or body making the charge, and a copy also furnished to the International Secretary-Treasurer of the Union for the permanent records at the International Office. All Appeal Board decisions shall be distributed to all members of the Executive Board as soon as they are available.

G. Appeal Board

1. An Appeal Board shall be established to hear cases appealed to it under the procedures provided in Section F. of this Article.

2. The Appeal Board shall be composed of five (5) regular and three (3) alternate members, who shall be active members in good standing appointed by the International President and the International Secretary-Treasurer with the approval of the Executive Board from a list of candidates furnished by each Master Executive Council, pursuant to Section E.3. of this Article.

3. Appointments shall be made promptly following the deadline for submission of candidates as specified in Section E.3. of this Article

4. The term of office for each regular and alternate member shall be two (2) years commencing the January 1 following their appointment, until reappointed, or until their successors have been appointed.

5. The Appeal Board shall elect one (1) of their members as Chairperson.

6. No less than ten (10) days prior to each hearing before the Appeal Board, either the accused or the party preferring the charges shall have the right of challenging a member of the Appeal Board. When such challenge is exercised, one (1) of the alternates selected by the challenger shall become a regular member of the Board for hearing the subject case. If both parties in a case indicate a desire to challenge a regular member of the Board, the accused shall be given the first right of challenge.

7. Vacancies on the Appeal Board shall be filled promptly by the International President and International Secretary-Treasurer from the candidates on the panel or from among the alternates. Vacancies among the alternates shall be filled by appointment from the candidates on the panel.