BC FERRY AND MARINE WORKERS'

CONSTITUTION
  

ARTICLE 6 - DISCIPLINE

Section 2

Section 3

Section 4

Section 6

Section 7

ARTICLE 6 - DISCIPLINE

Section 1

Every member of the Union is subject to discipline for actions detrimental to the welfare of the Union as included in Appendix "A" to this Constitution.

Section 2

If it is alleged that a member of the Union has committed an offense under Section 1, s/he shall be given a fair and impartial trial as hereinafter provided.

Section 3

Specific charges shall be submitted in writing, signed by a member of the Union or Provincial Executive member, on behalf of the Provincial Executive. The charge or charges shall be filed with the Provincial President of the Union and the Trustees. The Provincial President or the Trustees, as the case may be, shall cause a copy to be delivered to the accused, either by hand or by registered mail, together with notice as to the date of the Provincial Executive meeting at which the charge or charges will be presented. At that Provincial Executive meeting:

(i) The Provincial Executive shall consider the charges and decide by two-third (2/3) majority vote whether they are worthy of trial;

(ii) When charges are preferred against an elected official, and the Provincial Executive has ordered that s/he be cited for trial, s/he may be suspended from office and a substitute may be appointed by the Provincial Executive until his/her case is disposed of. Such suspension does not imply pre-judgment

of the case.

(iii) If the charges are noted worthy of trial, a Trial Committee of three (3) members shall be selected. Both the accused and the member who submits the charge or charges shall be entitled to select one (1) member of the Trial Committee. These two (2) members shall jointly agree to select a Chairperson before the close of the Provincial Executive meeting. If they are unable to come to a decision, the Provincial Executive shall appoint a Chairperson. All members of such committee shall be members in good

standing and shall exercise their duties without malice or bias. Should either party fail to select a member to the Trial Committee, the Trustees shall appoint a member in their stead.

(iv) The Trial Committee shall hold a hearing on due written notice to the accused and to the member who submits the charge or charges, both of whom shall have the right to be present in person and to have counsel, which counsel shall be a member of the Union. The said trial shall be fixed for a date not less that ten (10) days from the date of the meeting at which the Trial Committee is elected.

(v) In all cases, the onus of establishing the guilt of the accused shall be upon the member who submits the charge or charges. At the trial, the member who submits the charge or charges shall present his/her evidence against the accused member and both the member who submits the charge or charges and the accused shall be given a full and fair opportunity to present evidence.

(vi) The decision of the Trial Committee shall be reported to the next regular Provincial Executive meeting after its hearing is closed. The Trial Committee's decision shall be as to guilt or innocence. If the decision is

that the accused is innocent, then this decision shall be recorded in the minutes of the meeting to which the Trial Committee's decision is reported, and this decision shall be final and no appeal may be taken against such decision. If the decision is that the accused is guilty, then the Trial Committee shall recommend the punishment. When the decision is reported to the meeting, no member shall be allowed to speak until first the Chairperson of the Trial Committee, and second the accused, or a member in good standing speaking on behalf of either of them, have spoken. When both have spoken, the Provincial Executive may debate the decision of the Committee. Prior to debate, the presiding Officer shall call for a motion that the decision of the Trial Committee be sustained. Such motion may be duly amended following debate. The main motion and any amendments shall be disposed of in the normal manner. Under this procedure the assembly can reduce the recommended penalty, but it cannot increase the penalty. The decision of the Provincial Executive shall be final unless reversed on appeal as hereinafter provided.

(vii) Any action may be appealed to the Union in Convention, and subsequently the C.L.C. ombudsman whose decision will be final and binding.

Section 4

If summoned to testify at any trial or appeal, held in accordance with the provisions of the Article, it shall be the duty of the member to do so and to answer all questions put to him/her.

Section 5

If a Provincial Executive member is cited to appear for trial, as per Section 3 (ii) or is the accuser in his/her own right, then all duties provided in this Article which he/she normally would perform as a member of the Provincial Executive shall be performed by another member appointed by the Provincial Executive of

the Union, in accordance with the provisions of this Constitution.

Section 6

No supervisor, who is a member of the Union, will be disciplined by the Union for exercising the normal supervisory functions required by his/her employment.

Section 7

The Provincial Executive shall have the right to assist financially in any of the foregoing appeals; however, their decision on the matter of assistance shall be final and binding.