17.04 Appeal from the decision of the Disciplinary Committee of the Local Union or the decision of the Local Union

17.04.01 The accused and person laying the charge may appeal a decision putting an end to the case made by the Disciplinary Committee of the Local Union or by the Local Union to an ombudsperson or the President of the National Union at the choice of the appellant; the person laying the charge may not appeal a decision on the basis of the severity of the measure imposed upon the accused;

17.04.02 The appeal shall be initiated through a written notice filed within thirty (30) calendar days of the decision rendered; to such notice of appeal must be appended the decision;

17.04.03 The notice of appeal shall stipulate:

- the decision which is the object of the appeal;

- the date of the decision rendered;

- the date of receipt of the decision rendered;

- a short summary of the reasons for the appeal;

- the choice of the appellant to either proceed before the ombudsperson or the President of the National Union;

- the remedy sought;

 

17.04.05 The notice of appeal shall be filed with the office of the President of the National Union when the appellant chooses to appeal to the latter;

17.04.06 The notice of appeal must be sent by registered mail; and shall be deemed received as per the date registered;

17.04.07.01 When a Disciplinary Committee has been called upon to dispose of two charges, the party who appeals more than one decision rendered by the said Committee, must elect the option of giving the ombudsperson or the President of the National Union authority over all decisions being appealed;

If the appellant fails to select an option, the appeal from all decisions, shall be deemed to have been made to the President of the National Union;

17.04.07.02 When two charges or more have been laid and, as the case may be, when the accused and person laying the charge have both appealed the decision rendered by the Disciplinary Committee of the Local Union, one before an ombudsperson, the other before the President of the National Union, both appeals must be merged to be decided by the President of the National Union;

 

17.04.09 The Local Union shall then forward within ten (10) days following receipt of the notice given under 17.04.08, to the Regional Vice-President (Executive Vice-President - Quebec in Quebec region) or the President of the National Union the full record of the charge;

17.04.10 The Regional Vice-President (Executive Vice-President - Quebec in Quebec region) or the President of the National Union shall then forward to the accused and person laying the charge the full record of the charge within ten (10) days following receipt;

17.04.11 When the appeal is made before an ombudsperson, the Regional Vice-President (Executive Vice-President - Quebec in Quebec region) shall appoint a person involved in a union affiliated to the CLC other than the CEP, whose experience in the labour movement covers at least ten (10) years and who is not in any conflict of interest situation;

17.04.12 Such appointment of an ombudsperson shall be made by the Regional Vice-President (Executive Vice-President - Quebec in Quebec region), within twenty (20) days following receipt of the record of the charge from a list of names approved by the National Executive Board;

17.04.13 The Regional Vice-President (Executive Vice-President - Quebec in Quebec region) shall, without any delay, notify the accused, the person laying the charge and the Local Union of the appointment of the ombudsperson and shall, without any delay, transmit to the ombudsperson the full record of the charge together with a copy of the Constitution of the CEP;

17.04.14 Upon receipt of the full record of the charge, the ombudsperson or the President of the National Union shall examine the record and shall decide under sole authority or upon request on the admissibility of the appeal; to that end, the ombudsperson or President of the National Union shall determine any matter related to:

- timeliness of the appeal;

- irregularity of the appeal;

- admissibility of the appeal in all other regards including, as the case may be, its frivolous or vexatious character;

 

17.04.16 The admissibility of the appeal or the statement of charge must be determined within thirty (30) days following reception by the ombudsperson or the President of the National Union of the full record of the charge;

17.04.17 The President of the National Union or the ombudsperson shall give the accused and person laying the charge an opportunity to express their arguments on the admissibility of the appeal or statement of charge, in the manner and under the conditions deemed appropriate;

17.04.18 When the appeal or statement of charges are deemed admissible, the President of the National Union or the ombudsperson shall determine if it shall be necessary to hold a hearing; the accused may request that a hearing be held; should no hearing be held, the ombudsperson or President of the National Union shall give the accused and the person laying the charge an opportunity to express their arguments on the merit of the charge, in the manner and under the conditions deemed appropriate;

17.04.19 At any hearing, proceedings shall be taken in shorthand or recorded;

17.04.20 Provisions of 17.03.11, 17.03.12, 17.03.13, 17.03.15, 17.03.16, 17.03.17 and 17.03.18 of this Article shall apply with the necessary changes being made to an appeal before the ombudsperson or before the President of the National Union;

17.04.21 The decision of the ombudsperson shall be final and without appeal;

17.04.22 The decision of the President of the National Union putting an end to the case may be appealed to the National Appeals Committee in accordance with the procedure described in 17.05;

17.04.23 The National Union shall assume the fees and expenses of the ombudsperson;

17.04.24 The National Union shall pay the expenses and lost wages of persons required to testify by special request of the ombudsperson or President of the National Union, except for the accused and person laying charge, in accordance with the policy adopted from time to time by the National Executive Board;

17.04.25 The National President may delegate all the duties and powers as provided under the provisions of this Article. In such case the appeal shall be deemed to have been heard, and decided by the President of the National Union.