Constitution of The Canadian Union of Skilled Workers

Amended: Sixth Convention of the Canadian Union of Skilled Workers
April 18 & 19, 2015

VALUES AND BELIEFS:

Honesty, Integrity, Fairness, Equality, Respectful Treatment, Family Consideration, Common Sense, Decisions Benefiting the Members, Decisions Promoting the Workers, Involvement (including stakeholders), Democratic Processes


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ARTICLE 17 - Judicial Code

ARTICLE 17

JUDICIAL CODE (Refer to Judicial Code Policy)

17.01

It shall be an offence against the Union:

However, in interpreting these offences, it shall be a defence of the member that the member was engaging in reasonable and democratic dissent within the Union.

(i) For any officer of the Union knowingly to make a false statement or to conceal a material fact in any official union report, or to withhold information, which under the Constitution, or laws promulgated thereunder or other laws, he is required to provide.

(ii) For any member knowingly to present false evidence in any proceeding or trial provided for by the Constitution, or laws promulgated thereunder.

(iii) For any member to convert to his or its own use or to the use of another not entitled to such use any property of the Union, or to conspire or attempt to do so.

(iv) For any member to commit or to conspire to incite, or attempt or conspire to commit violence against any other member.

(v) For any member knowingly to work for an employer against whom a strike has been called.

(vi) For any member knowingly to violate, or to conspire or attempt to violate, the constitution of CUSW, and laws promulgated thereunder, or any lawful order of the National Executive Board.

17.02

Penalties

(i) A member found guilty of any offences enumerated in Section 1 hereof may be:

(a) fined up to $2,000 for any act constituting an offence or offences;

(b) suspended from membership.

(ii) An officer or a trustee found guilty of any offence may be suspended or removed from office in addition to any other penalty.

(iii) In addition, the penalty for any violation resulting in a wrongful loss of property to the Union may include a provision for reimbursement of the body suffering the loss.

(iv) An officer or a trustee may be removed from office or suspended for just cause, and only in accordance with this Constitution.

17.03

Charges

(i) All charges must:

(a) be in writing;

(b) be filed within thirty (30) days from the date that an alleged violation or offence occurred;

(c) state the provisions of the Constitution or policy allegedly violated;

(d) state the name of the charged party.

(e) state the specific action that the

charged party complains of, with sufficient particularity for the charged party to know the allegations against him so that a proper defence may be made, including the locations, dates, and times of the alleged violation.

(f) be signed by the member or members filing the charges.

(ii) Charges by a member against another member or an officer or a trustee shall be filed with the Recorder of the Union, who shall thereupon convene a Judicial Committee of the National Executive Board by lot. No member of the Judicial Committee who is involved in the charges or is otherwise unable to render an unbiased decision shall sit on the Judicial Committee for that hearing.

17.04

Hearings

(i) Hearings into charges will be conducted by the Judicial Committee, or the Independent Hearing Tribunal ("IHT"). Bodies hearing charges shall determine their own rules of procedure, consistent with Canadian law and the principles of fairness as applied in labour relations matters, which shall include:

(a) adequate notice of the hearing date, which shall be no less than fifteen (15) days from the date of notice of the hearing;

(b) disclosure of the charges filed, including a copy of the charges filed, with sufficient particulars in the charge to enable the charged party to conduct an adequate defence; and

(c) A hearing by members of a panel that are not biased against the charged party.

(ii) The charging party and the charged party may each be represented by another member of the Union, and with the leave of the hearing panel, both parties and the hearing panel may be represented by a lawyer.

(iii) Both the charged party and the charging party shall have the right to call witnesses, present evidence, cross-examine witnesses, and make full argument. Hearing panels will only hear evidence relevant to the charges, and may not rely on hearsay evidence alone. The burden of proof shall be upon the charging party. The decision of a majority of the members of a hearing panel is the decision of the hearing panel.

(iv) A hearing panel will not be required to keep a transcript of the evidence, but any party wishing to transcribe evidence shall provide a copy of the transcript to the hearing panel and the other party at his own expense.

(v) The decision of a hearing panel shall be in writing, and signed by all the members of the hearing panel, including those who dissent. The hearing panel shall prepare a record of the hearing, which shall consist of:

(a) a copy of the charges;

(b) a copy of the decision;

(c) a copy of documentary exhibits, if any;

(d) a copy of the transcripts, if any.

(vi) Hearing panels may determine, without hearing evidence, that the charges disclose no prima facie violation, and dismiss the charges without a hearing.

(vii) The IHT shall hear and determine appeals properly filed by members or officers from any decision of the Judicial Committee subject only to the prima facia provision outlined in subsection (vi) above.

17.05

Appeals

(i) Appeals to the IHT must be filed in writing within thirty (30) calendar days of the date of the decision being appealed, unless the IHT hearing the appeal determines that the time for making such an appeal can be extended.

(ii) Where a timely appeal is filed, a penalty of suspension or removal from office is automatically stayed until the appeal is heard. penalty, or order in place of a penalty, or order originally imposed, where it considers it just and proper to do so. The IHT has the authority, in cases where appeals are without merit, to order the appellants to pay the costs of the proceeding. The IHT may on the request of any affected party, reconsider any portion of its decision upon receiving a request for reconsideration within thirty (30) days of the date of the original decision of the IHT. The IHT may, in its discretion, allow the parties to be represented by counsel, and in such circumstances may retain its own counsel to advise the IHT if it deems it advisable.