Constitution, Table of Contents

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Brewery, Winery & Distillery Workers Local 300
Union Constitution and By-Laws
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ARTICLE 9 - CHARGES, TRIALS, APPEALS, EXPULSIONS

Section 1 - Procedure

Any member in good standing may prefer charges against another member.

Section 2

The charges shall be in writing and shall be filed with the appropriate Regional Executive Board with a copy of such charges mailed to the Union Office. Should the member filing the charges not gain recourse from the Regional Executive Board they may appeal to the General Executive Board.

Section 3

The President or appropriate Regional Vice-President shall cause a copy of the charges to be served on the accused, in person, or by registered mail at the last address of the accused filed with the Union. A notice of the time, date and place of the trial shall be served on the accused with a copy of the charges.

Section 4 - Trial Board

The copy of the charges and the notice shall be served not less than seven (7) calendar days before the date of the trial. A copy of the notice stating the time, date and place of the trial shall be served on the member charged and the member preferring the charge not less than seven (7) calendar days before the date of the trial.

Section 5 - Limitations

The Trial Committee shall be composed of not less than three (3) members of the Union appointed by the appropriate Executive Board. The Executive Board may appoint members of the Executive Board to fill any or all the positions on the Trial Committee. If a member of the Executive Board is the accused, they shall not participate in the selection of the Trial Committee.

Section 6 - Representation

No member or Officer shall serve on the Trial Committee in any case where:
  1. they are or may be a witness;
  2. they are directly involved; or
  3. there is a substantial likelihood that they are biased against the accused.
Section 7 - Representation

The member preferring the charges and the accused may each be represented by a member in good standing. The accused and the accuser, together with representatives, if any, shall be in attendance throughout the trial except as specified in Section 10.

Section 8 - Trial Procedure

The Trial Committee shall determine its own procedures, subject only to the Constitution and By-Laws, but shall give full opportunity to both parties to present evidence, to make submissions, and to cross-examine witnesses called by the opposing party.

Section 9

The Trial Committee may, in its sole discretion, grant adjournments of the proceedings upon such conditions, as it considers necessary.

Section 10 - Appearance - Accused

If the accused, or their representative, if any, fails to appear without reasonable excuse, the Trial Committee may proceed to hear the charges and to make a determination in their absence.

Section 11 - Appearance - Accuser

If the member preferring the charges and their representative, if any, fail to appear without reasonable excuse, the Trial Committee shall dismiss the charges.

Section 12 - Subpoena

The Trial Committee may order members to appear as witnesses, upon the request of either party, or on their own motion. A member who refuses, or fails to appear without reasonable excuse, in response to such an order, shall be subject to disciplinary action as determined by the appropriate Executive Board in accordance with the guidelines set out in Article 9, Section 17.

Section 13 - Report

The Trial Committee shall report its findings, and shall make any recommendations for penalty, to the next Regional Executive Board Meeting.

Section 14 - Acceptance

The Regional Executive Board may confirm or reject a finding that the member committed the offence charged. The Regional Executive Board may not reject a finding that the person did not commit the offence charged.

Section 15 - Limitation

Where the Regional Executive Board confirms a finding that the member committed the offence charged, it may confirm or reject the penalty recommended by the Trial Committee. If the Regional Executive Board rejects the recommendation, it may impose another penalty except that it may not impose a greater penalty.

Section 16 - Appeal

Where the Regional Executive Board confirms a finding of the Trial Committee, and before it decides on a penalty, it shall afford the accused member an opportunity to address the Board.

Section 17 - Penalties

The Trial Committee may recommend and the Regional Executive Board may impose any one or more of the following penalties:
  1. reprimand;
  2. fine;
  3. expulsion from membership;
  4. suspension from membership;
  5. suspension from particular rights or privileges of membership.
Section 18 - Fines

Where the penalty is a fine, the fine shall not exceed the equivalent of three (3) days' pay for each offence. Any fines levied must be paid within thirty (30) days from the date of notification, regardless of appeals.

Section 19 - Offenses

The following shall constitute offenses for which a member may be charged and a penalty or penalties imposed:
  1. making a false statement on their application for membership;

  2. injuring fellow members or workers by betrayal, oppression or trickery;

  3. causing a fellow worker to lose their employment;

  4. corruption or financial malpractice;

  5. working for a struck employer during a strike authorized by the Union Executive Board;

  6. maligning or slandering Union Officers or representatives;

  7. revealing the business or proceedings of the Union to persons not reasonably entitled to such information;

  8. refusing or neglecting to repay funds borrowed from the Union.

  9. refusing to appear as a witness before a Trial Committee without reasonable excuse;

  10. refusing to answer questions or provide information required to be answered by a Trial Committee, the Union Executive Committee, a Grievance Committee or any other duly constituted committee, so long as those questions or that information are reasonably related to matters of the Union;

  11. instigating, encouraging or participating in unauthorized strikes or work stoppages or instigating, encouraging or participating in any unauthorized concerted action in violation of a collective agreement;

  12. denunciation of a fellow worker;

  13. failing to carry out an order of the Union Executive Board, a Strike Committee, or any other committee of the Union;

  14. failing to report a grievance to their Shop Steward;

  15. any violation of this Constitution and By-Laws;

  16. any violation of rules and regulation passed by the membership;

  17. neglect of duties by an Officer.
Section 20 - Appeal
  1. Where the penalty imposed by the Regional Executive Board is expulsion, suspension, or a fine, the member may appeal to the next Regional Executive Board Meeting. An appeal must be in writing and shall be delivered to the Regional Vice-President with copies to the Union Office not later than five (5) days before the date of the meeting. The Regional Executive Board may confirm the penalty or may substitute a lesser penalty. The Regional Executive Board may not increase the penalty recommended by the Trial Board.

  2. Where the appeal in Section 20 (a) is denied the member charged may appeal to the next General Executive Board Meeting providing that said appeal is submitted in writing to the Union Office not less than five (5) days before the date of the meeting.

  3. Where the appeal procedures set out in (a) and (b) above have been exhausted, the member may further appeal to the next Regional Membership Meeting. Notice of Appeal must be filed with the Union Office in writing within fourteen (14) days from the date he was advised of the General Executive Board's decision. The decision of the membership, or where no appeal is taken pursuant to (a) and (b) above, the decision of the Board referred to in Section 15 and Section 20 (a), shall be final and binding.

  4. Where the penalty is expulsion from membership or suspension exceeding two (2) weeks the member may appeal to the Canadian Labour Congress ombudsman. No appeal shall be taken more than fourteen (14) days after the final decision of the General Executive Board. The decision of the ombudsman shall be final and binding.

  5. No accused member or Officer shall resort to any tribunal or court before they have exhausted all remedies provided for in the Constitution and By- Laws.
Section 21

Charges against members may also be levied by the Regional Executive Boards. However, in that event, the foregoing procedures shall be implemented by the General Executive Board.



Constitution, Table of Contents

Article / 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 /



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2006