TEAMSTERS LOCAL UNION NO. 1932
Affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS October 4, 2023
Human Resources Department
Attn: Employee Relations Officer
City of San Bernardino
290 North D. Street
EXECUTIVE BOARD San Bernardino, CA 92401
Dear Employee Relations Officer:
RANDY KORGAN
SECRETARY-TREASURER Teamsters Local 1932 ("Local 1932") hereby submits to the City of Sar Bernardino's (the "City") Employee Relations Officer this Petition for Modificatior KATHLEEN BRENNAN of an established unit. This Petition is filed pursuant to the Employer-Employee
PRESIDENT
Bernardino, California Rules and Regulations Implementing Employer-Employee DON BALLARD Relations ("Rules and Regulations"), generally, and section (C) of the Rules and VICE PRESIDENT Regulations, specifically. (See Resolution Nos. 10584, 10585, 11378.) Local 1932 is hereby petitioning to sever all non-sworn classifications with the City's SHERI ORELLANA Police Department from the City's General Unit, and to be recognized, by the RECORDING SECRETARY Mayor and Common Council, as the exclusive representative of the proposed modified General Unit for the purpose of meeting and conferring in good faith on
MICHELLE ETHERIDGE
all matters within the scope of representation.
TRUSTEE
PETITION FOR MODIFICATION; PETITION FOR RECOGNITION
MARCIE LARKIN
TRUSTEE 1. Name and Address of Petitioning Employee Organization:
NIDAL RAFEEDIE Teamsters Local 1932
TRUSTEE 433 N. Sierra Way
San Bernardino, CA 92410
MARTHA ROMERO
TRUSTEE 2. Names and Titles of Local 1932's Officers:
TONY SOTO Kathleen Brennan, President
TRUSTEE Randy Korgan, Secretary-Treasurer/Principal Officer Sheri Orellana, Recording Secretary
Nidal Rafeedie, Vice President
3. Names of Local 1932's Representatives Authorized to Speak on Behalf of its Members:
Randy Korgan
Raquel Avila
Carlos Gonzalez
4. It is a primary purpose of Local 1932 to represent employees in their employment relations with the City of San Bernardino.
5. Local 1932 is a local of International Brotherhood of Teamsters (25 Louisiana Avenue, N.W., Washington D.C. 20001) and is also affiliated with Teamsters Joint Council 42 (981 Corporate Center Dr., Suite. 200, Pomona, CA 91768).
6. Certified copies of Local 1932's by-laws and the International Brotherhood of Teamsters' constitution are enclosed with this Petition.
7. Persons to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose:
Raquel Avila
433 N. Sierra Way
San Bernardino, CA 92410
Carlos Gonzalez
433 N. Sierra Way
San Bernardino, CA 92410
8. Local 1932 recognizes that the provisions of California Labor Code section 923 are not applicable to City employees.
9. Local 1932 has no restriction on membership based on race, color, religion, sex; age, physical or mental disability, national origin, sexual orientation or gender identify.
10. The proposed General Unit is comprised of approximately 217 employees and includes the below-listed classifications with the following departments: (1) City Clerk; (2) Community & Economic Development; (3) Finance; (4) General Government; (5) Human Resources; (6) Information Technology; (7) Parks, Recreation & Community Services; (8) Public Works; and (9) Animal Services.
ACCOUNTANT I (FLEX)
ACCOUNTANT II
ACCOUNTING TECHNICIAN I (FLEX)
ACCOUNTING TECHNICIAN II
ACCOUNTING TECHNICIAN III
ADMINISTRATIVE ASSISTANT
ANIMAL CONTROL OFFICER I (FLEX)
ANIMAL CONTROL OFFICER II
ANIMAL LICENSE INSPECTOR
ANIMAL SERVICES REPRESENTATIVE
ANIMAL SHELTER ATTENDANT
ARBORIST
ASSESSMENT DISTRICT/REAL PROP SPECIALIST
ASSISTANT BUYER
ASSISTANT PLANNER (FLEX)
BUILDING INSPECTOR I (FLEX)
BUILDING INSPECTOR II
BUILDING INSPECTOR III
BUSINESS REGISTRATION INSPECTOR
BUSINESS REGISTRATION REPRESENTATIVE I
BUSINESS REGISTRATION REPRESENTATIVE II
CEMETERY CARETAKER
CODE ENFORCEMENT OFFICER I (FLEX)
CODE ENFORCEMENT OFFICER II
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG)/HOUSING PROGRAM ASSISTANT
COMMUNITY DEVELOPMENT TECHNICIAN
COMMUNITY INTERVENTION PROGRAM COORDINATOR
COMMUNITY RECREATION PROGRAM COORDINATOR
COMMUNITY SERVICES PROGRAM COORDINATOR
CUSTODIAN
CUSTOMER SERVICE REPRESENTATIVE
CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)
CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)
CUSTOMER SERVICE REPRESENTATIVE (U)
DATA ANALYST
ELECTRICIAN I (FLEX)
ELECTRICIAN II
ENGINEERING ASSISTANT I (FLEX)
ENGINEERING ASSISTANT II
ENGINEERING ASSISTANT III
ENGINEERING TECHNICIAN
ENVIRONMENTAL PROGRAMS COORDINATOR
EQUIPMENT MECHANIC I (FLEX)
EQUIPMENT MECHANIC II
EQUIPMENT SERVICE WORKER
EXECUTIVE ASSISTANT
FACILITIES MAINTENANCE MECHANIC
FLEET PARTS STOREKEEPER
FLEET PARTS TECHNICIAN
GRANTS ANALYST
GRANTS ASSISTANT
GROUNDWORKER ARBORIST
HAZMAT TECHNICIAN
HUMAN RESOURCES TECHNICIAN
HVAC MECHANIC
LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)
LANDSCAPE & IRRIGATION INSPECTOR II
LEAD ANIMAL CONTROL OFFICER
LEAD BUILDING INSPECTOR
LEAD CODE ENFORCEMENT OFFICER
LEAD CUSTODIAN
LEAD EQUIPMENT MECHANIC
LEAD MAINTENANCE WORKER
LEAD PARKS CONSTRUCTION AND MAINTENANCE
WORKER
LIBRARIAN I (FLEX)
LIBRARIAN II
LIBRARY ASSISTANT
LIBRARY NETWORK TECHNICIAN
LIBRARY TECHNICIAN I (FLEX)
LIBRARY TECHNICIAN II
LITERACY PROGRAM COORDINATOR
MAINTENANCE WORKER I (FLEX)
MAINTENANCE WORKER II
MAINTENANCE WORKER III
MARKETING & PUBLIC RELATIONS SPECIALIST
NDES INSPECTOR I (FLEX)
NDES INSPECTOR I
PARKS MAINTENANCE WORKER I (FLEX)
PARKS MAINTENANCE WORKER II
PLANNING AIDE
PLANS EXAMINER I (FLEX)
PLANS EXAMINER II
PLUMBER
POOL MAINTENANCE COORDINATOR
PUBLIC WORKS INSPECTOR I (FLEX)
PUBLIC WORKS INSPECTOR II
PUBLIC WORKS INSPECTOR III
RECREATION THERAPIST
REGISTERED VETERINARY TECHNICIAN
SENIOR ADMINISTRATIVE ASSISTANT
SENIOR ANIMAL SERVICES REPRESENTATIVE
SENIOR ARBORIST
SENIOR CUSTOMER SERVICE REPRESENTATIVE
SENIOR CUSTOMER SERVICE REPRESENTATIVE
(BILINGUAL)
SENIOR CUSTOMER SERVICE REPRESENTATIVE
(BILINGUALYU)
SENIOR OFFICE ASSISTANT
SOLID WASTE FIELD INSPECTOR
TRAFFIC SIGNAL TECHNICIAN I (FLEX)
TRAFFIC SIGNAL TECHNICIAN I!
TRAFFIC SIGNAL TECHNICIAN III
TREASURY ASSISTANT
VOLUNTEER COORDINATOR (GRANT FUNDED)
WEED ABATEMENT COORDINATOR
11. Enclosed herewith is written proof, dated within six months prior to the filing of this petition, establishing that at least 50% of employees in the proposed modified General Unit have designated Local 1932 to represent them in their employment relations with the City.
12. Statement of Facts in Support of Proposed Modified General Unit:
There is a history of tension between the employees in the proposed modified General Unit and the excluded employees. This tension has detrimentally affected the petitioned-for unit's ability to exercise its rights under the EERR, including the right to be represented by an employee organization of their choosing for representation on matters of employer-employee relations. (Resolution No. 10854, section 4.) The excluded employees were the driving force behind the decertification of the most recent recognized exclusive representative of the established General Unit. The petitioned-for unit has been without a collective voice to discuss working conditions with the City ever since.
The classifications proposed to be severed also have a community of interest that is separate and distinct from the proposed modified General Unit.
Employees in those excluded classifications all work within the City's Police Department and frequently interact in the performance of their duties. The excluded employees are further responsible for performing department-specific work in support of the Police Department's activities, programs and around-the- clock operations. Unlike other departments in the proposed modified General Unit, the Police Department operates 365 days per year, 24 hours per day. The proposed modified General Unit does not include any classifications within the Police Department.
Local 1932 also has significant experience successfully representing employees in bargaining units similar to the proposed modified General Unit. Recognizing Local 1932 as the exclusive representative of the petitioned-for unit will undoubtedly result in meaningful and consistent representation therefor. As continuity of representation leads to stable negotiating relationships, recognizing Local 1932 as the exclusive representative of the proposed modified General Unit will positively effect both the efficiency of City operations and employer- employee relations.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true, correct and complete.
Executed on this 4th day of October 2023 in San Bernardino, California.
Randy Korgan
Secretary-Treasurer/Principal Officer,
Teamsters Local 1932
421 & 433 N. Sierra Way I San Bernardino, CA 92410 I U.S. Mail Address: P.O. Box 432 | San Bernardino, CA 92402 Office: (909) 889-8377|Fax: (909) 888-7429| Website: www.teamsters1932.org@200 TEAMSTERS LOCAL UNION NO. 1932
BROTHERHO Affiliated with the INTERNATIONAL BROTHERHOOD OFTEAMSTERS ExECUTIVE BOARD
RANDY KORGAN CERTIFICATION OF PETITIONER'S BYLAWS AND CONSTITUION SECRETARY-TREASURER I, Randy Korgan, Secretary-Treasurer of Teamsters Local 1932, hereby certify as follows:
KATHLEEN BRENNAN 1. The attached Bylaws of Teamsters Local 1932, Amended July 12, 2018, is a true and correct
PRESIDENT
copy of the current Bylaws of Teamsters Local 1932.
DON BALLARD
VICE PRESIDENT 2. The attached Constitution of the International Brotherhood of Teamsters is a SHERI ORELLANA true and correct copy of the current constitution of the International Brotherhood of Teamsters
RECORDING SECRETARY
MICHELLE ETHERIDGE I declare under the penalty of perjury under the laws of the State of California that the foregoing is
TRUSTEE
true and correct.
MARCIE LARKIN
TRUSTEE
Executed on this_ 4th day of_ October 2023, in San Bernardino, California.
NIDAL RAFEEDIE
TRUSTEE
MARTHA ROMERO
TRUSTEE
TONY SOTO
TRUSTEE Randy Korgan
Secretary-Treasurer/Principal Officer Teamsters Local 1932 421 & 433 N. Sierra Way I San Bernardino, CA 92410 | U.S. Mail Address: P.O. Box 432 | San Bernardino, CA 92402 Office: (909) 889-8377 | Fax: (909) 888-7429 | Website: www.teamsters1932.org BYLAWS OF TEAMSTERS LOCAL 1932
AMENDED: JULY 12, 2018
Randy Korgan, General Manager/Secretary-Treasurer
Sheri Orellana, President
ARTICLE I
GENERAL MEMBERSHIP MEETINGS
Section 1. Name
This Local Union shall be known as Teamsters Local 1932 and is chartered by the International Brotherhood of Teamsters.
Section 2. Principal Office and Place of Meetings
All meetings of the members shall be held in the Teamsters Local 1932 offices, 433 North Sierra Way, San Bernardino, California, or such other place as may be designated for that purpose by the Executive Board.
Section 3. Monthly Meetings
A. General membership meetings shall be held monthly at such time as shall be designated by the Executive Board. The Executive Board shall establish such conditions relative to the holding of meetings as in its judgment it deems advisable. Membership meetings may be suspended during any three (3) months between June and October by action of the membership at a meeting after reasonable notice of the intention to vote upon such question.
B. Members in attendance at membership meetings shall have the right to express their views, arguments, or opinions upon any business properly before the meeting, subject to the Bylaws and the rules and regulations adopted by the Executive Board pertaining to the conduct of meetings, but no member in exercising such rights shall evade or avoid his responsibility to the organization as an institution or engage in or instigate any conduct which would interfere with the Local Union's performance of its legal or contractual obligations.
C. If it should appear to the presiding Chair that any member is so conducting him or herself to constitute a threat to the orderly conduct of the business of the meeting, the Chair may order him or her ejected, subject to appeal to the membership. At any time when in the judgment of the presiding Chair of the meeting it appears that the meeting has become so disorderly as to prevent proper deliberation on the matters which might properly come 1 before the meeting, the presiding Chair shall have the right to adjourn such meeting forthwith, upon his or her own motion, and without a second, and even though there may be other motions upon the floor. There shall be no appeal from such action since it is taken as a result of conditions which would prevent orderly consideration of the appeal by the meeting. If such action is taken by the presiding Chair, the time and place for a subsequent meeting, it there is to be one, shall be determined by the Executive Board. If no such determination is made, then the next meeting shall be the next regularly scheduled meeting. "he presiding Chair can detail members or other persons to remove persons who have bee rdered removed, or to prevent attendance of members who are "under the influence" o disorderly without calling upon the police. The rights of members to attend meetings, to remain in such meetings or to participate in matters which come before such meetings are subject to the above powers and duties of the presiding Chair and of the Executive Board.
The Executive Board is authorized to permit membership meetings to be held at a division, craft, place of employment, agency or other similar basis as it shall consider appropriate, considering the special needs of the organization so as to permit the membership to attend meetings and to express their views and otherwise exercise their rights as members. There shall be no limitation on the right of any member to be heard at any such separate meeting provided herein on all matters which apply to the general membership, but such member shall be permitted to vote only at such separate division, craft, agency, or place of employment meeting to which he has been assigned. Membership meetings permitted under this subsection shall be subject to all of the requirements of Section 3.A. and B. above. When the Executive Board authorizes such meetings by division, craft, agency or place of employment, each such meeting shall be conducted by the officers of the Local Union or by their designees and under the same procedures and rules as a general membership meeting, excepting only special meetings for limited purposes, such as voting on contracts or strikes, handling of grievances, etc.
On all matters that apply to the general membership, the votes of the meeting of each particular division, craft, agency or place of employment shall be totaled to determine the action of the Local Union in such matter. Members at each separate division, craft, or place of employment authorized to hold separate meetings may vote separately on initiation tees, dues, and assessments which may apply to them alone, if higher than the minimum plicable to the general membership, and may, when authorized by the Executive Boar ote separately on approval or disapproval of. or on matters arising under, contrac applicable only to them, and strikes or other activities in which only they will participate. employment meetings
2 Section 4. Special Meetings
The President may, on his or her own motion, call a special meeting. Reasonable notice of the date, time and place of any special meeting, and of the questions to be presented, shall be given to the membership.
Section 5. Voting Rights
Only Regular Members, as defined in Article II, Section 1. of these Bylaws having paid their dues or dues waived for a period of at least thirty (30) days immediately preceding the date of any meeting of members shall be entitled to one (1) vote and shall not have the right to accumulate votes.
ARTICLE II
MEMBERSHIP
Section 1. Eligibility for Membership
A. Regular Membership
Eligibility to membership in this Local Union shall be as set forth in the International Constitution, and applicants for membership shall comply with and be subject to the requirements imposed by these Bylaws and the International Constitution. An applicant shall be considered a member when he shall meet all the following requirements for membership:
1. He shall have executed a written application for membership on a form provided by the Secretary-Treasurer;
2. He shall have signed a dues checkoff authorization permitting the initiation fee to be withheld from earnings. If no dues checkoff authorization is signed, membership shall date from the first month for which dues are paid, once full payment of the initiation fee is completed. Or, he shall have tendered the initiation fee and one month's dues by cash;
3. The Local Union shall have accepted his application and dues;
4. The first money received from an applicant for membership must be applied to the payment of dues for the month in which the applicant is first obligated to pay dues. If this Local Union permits an applicant to pay an initiation fee on a deferred basis, the installment payments must be allocated to first satisfy the member's dues obligation. All new members presenting themselves for initiation shall receive upon request a free copy of the International Constitution and Local Union Bylaws from the Local Union. However, any alleged failure to receive such copy shall not excuse a member from violation of any duty or obligation imposed upon him by his oath of office, initiation or membership. 3 Section 2. Responsibility of Members to the Local Union A. Every member by virtue of his membership in this Local Union is obligated to abide y these Bylaws and the International Constitution with respect to his rights, dutie. rivileges and immunities conferred by them. Each member shall faithfully carr out such duties and obligations and shall not interfere with the rights of fellow members;
Every member covered by a collective bargaining agreement at his place of dit city or directing. difficulty or dispute arising under any collective bargaining agreement or out of his employment with such employer in such manner as the Local Union or its officers deem to be in the best interests of the Local Union, all subject to Article XII and other applicable provisions of the International Constitution relating to such matters. The Local Union and its officers, business representatives and agents may decline to process any grievance, complaint, difficulty or dispute if in their reasonable judgment such grievance, complaint or dispute lacks merit; C. No member shall interfere with the elected officers or business agents of this organization in the performance of their duties, and each member shall, when requested, render such assistance and support in the performance of such duties as may be required by them, provided that this does not interfere with the individual rights of members. Each member and officer shall adhere to the terms and conditions of pertinent collective bargaining agreements and shall refrain from any conduct that would interfere with the performance by this Local Union of its legal or contractual obligations;
D. No member shall engage in dual unionism or espouse dual unionism or disaffiliation, or be a party to any activity to secure the disestablishment of the Local Union as the collective bargaining agent for any employee; E. No member shall be permitted at any Union meeting or assembly to engage in any of the conduct hereinbefore described;
Every member shall follow the rules of order at all meetings of the Local Union; Membership in this Local Union shall not vest any member thereof with right, title or interest in or to the funds, property or other assets belonging to the Local Union now or hereafter and no member shall have a property right to membership in this organization;
H. No member seeking to resign from membership in any Local Union may do so except by submitting such resignation in writing to the Secretary-Treasurer of the 4 Local Union. Any member who resigns before he has paid all dues, assessments, fines and other financial obligations owing to any subordinate body shall be obligated to pay such obligations to his former Local Union. All members acknowledge that any obligations owing at the time of resignation shall be collectible by the Local Union in any appropriate forum. This shall not relieve any member of any obligation to comply with any other provision of this Constitution regarding acquisition or maintenance of membership in good standing.
Section 3. Rights of Members
No provision of these Bylaws, rule of parliamentary procedure or action by the Local Union or its officers shall be administered in such a way as to deprive individual members of their rights under applicable law and the following membership rights:
A. The right to nominate candidates or vote in elections or referendums of the Union; B. The right to attend membership meetings, and to participate in the deliberations and voting upon the business of such meetings;
C. The right to meet and assemble freely with other members and to express any views, arguments, or opinions, and to express at meetings views upon candidates in an election of the Union or upon any business properly before the meeting, subject to the organization's established and reasonable rules;
D. The right to institute an action in any court or in a proceeding before any adendars in agency, in or pecipeaf as a wines in alicial, administrative or legislative proceeding, or to petition any legislator, subject to the exhaustion of intra-union remedies as required by the International Constitution and applicable law.
Section 4. Retired Membership
Upon retiring as an employee of a represented employer and while continuing in that status, any member is eligible for retirement membership. Retired members have no voice or vote and cannot serve as a member of the Executive Board. The retirees shall be eligible to belong to the Retiree Committee who shall be elected from the retired members. Retirees will pay dues agreed upon by the Executive Board.
Section 5. Associate Membership
Eligibility to Associate Membership in this Local Union and Associate Member dues shall be established by the Executive Board; provided that:
A. No Associate Membership will be allowed for any person who otherwise would be eligible for Regular Membership;
5 B. Associate Members are ineligible to seck or hold Local Union office, have no voice or vote on any matter before the Local Union, and have no interest in assets of the Local Union.
Absent approval of the Local Union Executive Board, associate members do not have access to the facilities of the Local Union, may not attend membership meetings of regulas or retirement members, and may not attend meetings of the Executive Board Section 6. Dues
A. Except as provided by the Affiliation Agreement, the minimum monthly dues of this by the Executive Board and approved by the General Membership.
B. Any member who shall be three months in arrears in the payment of dues, fines, assessments, or other charges, shall automatically stand suspended at the end of the third month and shall not be entitled to any rights or privileges of membership. Any member who has been automatically suspended for failure to pay dues and other charges shall be under a continuing obligation to pay dues during the period of his suspension. Upon payment of the delinquent dues, the member shall be restored to good standing status.
However, payment of dues shall not restore good standing status if fines and other charges due are not paid. The Executive Board shall have the power to waive, or reduce, on a non- discriminatory basis, the payment of delinquent dues, assessments and/or fees.
C. General or Special assessments and levies may be made from time to time in the manner provided hereinafter. Any increase in the rate of dues, or the levying of any general or special assessment by the Local Union shall be made at a general or special membership meeting in accordance with the following procedures:
1. Reasonable notice shall be given of the meeting at which the membership will consider the question of whether or not such dues, initiation, or reinstatement fees, general or special assessment shall be increased or levied. The notice shall indicate that a proposed increase or assessment is to be voted on;
2. At the meeting called, as provided in this Section, voting shall be by secret ballot of the members in good standing;
3. A majority vote by secret ballot of the members in good standing voting at such meeting shall decide the issue;
4. This provision supersedes any other provision of these Bylaws with respect to changing the dues, fees and assessments set forth in these Bylaws;
5. Nothing contained in these Bylaws shall preclude the Local Union Executive Board in the exercise of its discretion, from directing that a membership vote on issues involving dues, fees, or assessments be conducted by mail ballot referendum after appropriate notice and with safeguards for preserving the secrecy of the balloting. 6 Section 7. Charges And Trials
A. Each member of this Union shall have the right to fair treatment in the application of union rules and law in accordance with the International Constitution and these Bylaws. In applying the rules and procedures relating to union discipline, the essential requirements of due process of law (notice, hearing, and judgment based upon the evidence) shall be observed, without, however, requiring the technical formality followed in courts of law.
Recognizing that these requirements of fairness and due process of law will be administered by groups of laboring men and women, this Local Union adopts the following procedures which supplement the requirements of Article XIX of the International Constitution. The following procedural guides are designed to attain justice both to the individual member and the organization; and in instances where deviations from such procedures are not such as to substantially affect the member's substantive right, these procedures are not to constitute technically precise requirements of strict pleadings of courts of law.
Trials and Appeals
(1) Trial
Every member charged with a violation of these Bylaws or the International Constitution shall be afforded a full and fair hearing as required by law. No member of the Executive Board involved in the subject matter of the charge, shall sit on the trial board. The decision on disqualification under this provision, if raised by an interested party, shall be made in the first instance by majority vote of the Executive Board, whose decision shall be appealable as part of the case, in accordance with the appeal procedure of the International Constitution and these Bylaws. The officer alleged to be involved shall not vote on whether he is qualified to remain on the hearing panel. If the member charged or preferring the charges is a member of the Executive Board, or if a member of the Executive Board is unable to attend the hearing for any reason, then the principal executive officer of the Local Union shall appoint an uninvolved member as a substitute. If either the President or Secretary-Treasurer of the Local Union is charged, or has preferred the charges, or is unable to attend the hearing for any reason, the other officer shall appoint the substitute. If both the President and Secretary-Treasurer of the Local are charged or are preferring the charges, or for any reason are unable to attend the hearing, the remaining members of the Executive Board shall appoint the oard shal be filed with the secretary meatre of the member to trial by the Joint Council Executive Board. In no event shall any involved officer or lember serve on a hearing panel, participate in the selection of a substitute member c . hearing panel, or participate in the decision making process of the trial bod Whenever the words "Joint Council" appear in other sections of these Bylaws, they shall mean Joint Council or State or Multi-State Joint Council and include State or Multi-State Conferences in all matters relating to disputes and appeals where there is no chartered Joint Council.
7 (2) Charges
Charges shall be in writing and signed by those filing same and must be filed in duplicate with the Secretary-Treasurer of the body which is to hear the charges, who shall serve the charges and notice of the hearing upon the accused either in person or by mail at least ten (10) days prior to the hearing. No hearing on any charge shall be held less than ten (10) days from the date on which notice of the hearing has been served on the parties unless all parties agree to waive this requirement. In scheduling the time and place of the hearing, due consideration shall be given to the convenience of the accused and witnesses necessary in the case. The charges must set forth the provisions of the International Constitution or these Bylaws allegedly violated and the acts which allegedly constitute such violation in sufficient detail to inform the accused of the offense charged, including, where possible, dates and places. The charging party must include in the charges all alleged offenses of which he has knowledge, or in the exercise of due diligence should have had knowledge, as of the time of the filing of the charges. The charging party may not subsequently file additional charges based upon facts of which he or she had knowledge, or in the exercise of due diligence should have had knowledge, as of the time of the filing of the charges. Any charge based upon alleged misconduct which occurred more than five years before the discovery of the conduct giving rise to the charge is barred and shall be rejected by the Secretary- Treasurer except charges based upon the non-payment of dues, assessments and other financial obligations. No member or officer shall be required to stand trial on charges involving the same set of facts as to which he or she is facing criminal or civil trial until a final court appeal has been concluded. Nor shall a member or officer be required to stand trial on charges that are substantially the same or arise under the same circumstances as prior internal Union charges against such member or officer provided that a decision was rendered on those prior charges. Charges may be preferred against a suspended member or an inactive member who has been issued a withdrawal card. a. Non-compliance.
In the event of non-compliance with the decision handed down by a trial or appellate body, the member, Business Agent, Officer or Local Union shall stand suspended from all rights and privileges under the International Constitution until the provisions of the decision have been complied with, unless the General President has waived payment of a fine or stayed the effectiveness of the decision pending appeal. If, however, the decision carnes with it an order of expulsion, then such order of expulsion shall immediately take effect, unless the General President has stayed the effectiveness of the decision pending appeal.
b. Rights of the Accused.
Throughout the proceeding, there shall be a presumption of innocence in favor of the accused. In order to be sustained, the charges must be supported by a preponderance of reliable evidence and a majority of the members of the panel must vote to find the charged party guilty. The accused shall have the right to present his or her own evidence, rebut testimony, present witnesses favorable to him or her and cross-examine adverse witnesses. The charging party, the accused and the Executive Board may select only a member in good standing of the Local Union to represent them at a hearing 8 •
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