ARTICLE 18: CONSTITUTIONAL MATTERS - C. CHARGES
5. The charge shall be submitted first to the Local Union Executive Board of the person accused which shall make a determination if the charge is proper. If the charge is timely and apparently raises a violation then it and the full record of the charge shall be forwarded to the Office of the President. If the charge is determined not to be timely, or if it is decided that it fails to raise an apparent case of a violation, then the person(s) laying the charge shall be so informed and they may forward the charge to the Office of the President. The Office of the President shall determine if the determinations of the Local Union below are correct, and if so, dismiss the matter.
CHANGE TO:
5. A Local Union President, with the approval of the Local Executive, may declare a member in bad standing and remove them from any elected, appointed, or volunteer position within the Local or its units if the members has, in their reasonable opinion, violated the Unifor Constitution or the Local Union’s Bylaws.
The removal shall be temporary, lasting up to sixty (60) days, pending investigation by the National constitutional department.
The Local President must provide written notice to the member outlining the reasons for the action and must notify the national constitutional department within five (5) days. The member may submit a written response within ten (10) days.
The National constitutional department will investigate and decide within sixty (60) days to either uphold or overturn the Local’s action. If upheld, the Constitutional Department shall determine the final period of bad standing or an appropriate sanction.
If overturned, the member shall be restored to good standing and, where practicable, reinstated to their position and made whole.
This authority must be exercised in good faith. Abuse of this authority by the local union shall itself be considered a constitutional violation
Respectfully submitted by Local 4050