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Article XII - Discipline

  1. The President, or an alternate designated by the Executive in the case of a conflict or inability to act, shall appoint trial board members within 10 days of the laying of charges. Should both the president and offices be in a conflict of interest or unable to act, the Representative Council shall appoint the trial board.

  2. The Local Staff Representative (or an alternate designated by the Executive in the case of a conflict or inability to act) shall act as an advisor to the Trial Board on procedural and other matters.

  3. The accused and accuser(s) shall each have the right to appoint an advisor from the ranks of the membership. Non-members may not participate in trial proceedings. Advisors shall be available to attend the trial if so requested. Normal expense policies shall apply.

  4. All trial evidence shall be presented in open session.

  5. Trials shall be held during non-working hours unless there is mutual consent to do so during working hours. The foregoing requirement for mutual consent shall not apply to members who are unavailable because they have crossed a legal picket line and are working for the struck employer. Trials shall be held in an accessible location.

  6. It is generally intended that members of the trial board shall probe evidence and test the credibility of the accused and accuser(s) to arrive at a decision. However, the board may, at its discretion, allow the accused and accuser(s) or their advisors to cross examine witnesses.

  7. The Chair of the trial board shall be allowed up to one day’s book-off time to write the board’s report. Any further book-off time shall require approval from the President (or, in the case of a conflict or inability to act, the Executive).

  8. All guidelines and procedures shall be consistent with the Unifor Constitution and Local bylaws. Where there is a conflict, the Unifor Constitution shall take precedence.