Constitution (Continued)

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CONSTITUTION (Continued)

Section 2. Challenges and protests.

Any member of a local may challenge the eligibility of any nominee for local office, and any CUE member may challenge the eligibility of any nominee for statewide office. This is done by filing such challenge with the election committee prior to the holding of the election. The election committee shall make a determination regarding the challenge, and shall report its ruling to the local board, or, in the case of statewide office, to the statewide board. The statewide or local board shall either accept or reject the ruling of the election committee prior to the election.

Any protest concerning the conduct of the election may be lodged by filing such protest in writing with the local or statewide board within ten days following the ballot count. All interested parties shall be afforded an opportunity to be heard. Such protests shall be decided by the local or the statewide board not later than thirty days after the filing of the protest.

If the local or statewide board determines that there were violations which may have affected the outcome of the election, it may order such election or any part thereof set aside, and a new election held. Any officers who have been installed prior to such determination shall remain in office pending the outcome of any new election or of a future appeal.

Any protestor or nominee adversely affected by a decision on by the executive board a challenge or a protest (A or C above) may file written appeal with the Elections Appeal panel within ten days of the decision made by the local or statewide board or, if no decision has been rendered, within forty days after filing the original protest with the local or statewide board. Upon receipt of such an appeal, the Panel shall conduct an investigation, affording all interested parties an opportunity to be heard, and the Board shall issue a decision within forty days after the filing of the protest. If the investigation shows that there were violations which may have affected the outcome of the election, the election or any part thereof may be set aside and a new election held. In such circumstances, the new election may be conducted under the supervision of a representative designated by the Panel members who conducted the investigation.

Any protestor or nominee dissatisfied with the ruling of the Appeal panel may appeal to the next CUE convention to be held. In the meantime, the finding of the Appeals Panel shall be put into effect, pending decision by the convention.

APPENDIX B: PROTECTING THE UNION

A procedure shall exist by which the union can protect itself from individual members whose activities seriously undermine the union's efforts to protect and serve its members.

Members may be charged and tried for engaging in activities that are detrimental to the organization. These activities shall be narrowly defined, and should not preclude the expression of personal political opinions, publicizing opinions about the leadership of CUE, or disagreement with actions undertaken by CUE. Some activities, however, should be considered contrary to building a rank and file union, and should be grounds for discipline or expulsion. Examples include: making agreements with management on grievances or unfair practice charges about which the involved grievant member is unaware; giving confidential union information to management; providing management with information that interferes with the organization pursuing its goals; disruptive behavior in meetings such as repeated failure to abide by Robert's Rules of Order when asked to by the chair; other actions that interfere with other members' right to express their opinions and participate fully in the organization; improper use of union funds; etc.

The process: any member can file a grievance against another member. The person filing must state the nature of the offense and the date it occurred, by mail to the main CUE post office box. The executive board shall make a determination if there is merit for the grievance to go forward. If the board finds there is reasonable cause to believe the charge is valid, the executive board will select a judicial panel made up of five people, randomly selected from union members in the north (Davis, Berkeley, LBNL, SF, SC) or south (R, I, SD, SB, LA), being from the same area the charged party is from. The judicial panel shall not include any person who is on the statewide or any local executive board.

The judicial panel shall select its chair and shall set a reasonable place and time for the hearing and conduct for the hearing. The hearing shall be held within 30 days of the executive board's determination that a hearing should be held. Both sides shall have the right to cross examine and present witnesses and evidence. Representation by another CUE member or legal counsel or other person shall be allowed, with expenses to be born personally by charged party if an attorney is hired. No union funds, local or state, shall be used to pay for lawyers' fees or other related expenses for either side. Oral testimony, documentary evidence may be introduced and witnesses by both sides may be called. The hearing shall be open to all CUE members who wish to attend, although no expenses will be paid for this purpose. Statewide CUE will pay for the members of the Judicial panel to attend.

At the conclusion of the hearing, the Judicial Panel shall consider the evidence and arguments and make a decision as to guilt or innocence. Four out of five members of the panel shall be required to uphold a decision of guilty. A decision of guilt shall result in the Judicial Panel choosing from the following penalties: a formal reprimand, a fine, suspension of membership, expulsion. All penalties shall be in proportion with the offense. Failure to pay a fine, suspension or expulsion mean that the member is not in good standing.

The judicial panel shall prepare a report, available upon request to any CUE member, including their decision. This report shall be sent to the executive board, which will oversee implementation of the penalty, if any.

The charged party may appeal the decision, in writing, within 21 days, to the statewide executive board, by writing to the state president at the CUE post office address. Upon receipt of the appeal, the executive board shall place the matter on the agenda of the next meeting. The executive board shall have the authority to overturn the decision or reduce the penalty. The board shall notify the charged party in writing of the action taken no later than 5 days after the meeting.