17.06 Procedure applicable to any charge laid against an Officer of the National Union or a Representative

This Article shall establish the procedure applicable in the case of any charge laid against an Officer of the National Union or a Representative;

17.06.01 All charges must:

17.06.01.01 be in writing;

17.06.01.02 be duly signed by the person laying the charge;

17.06.01.03 refer to the article of the Constitution which is the object of the alleged offense;

and

17.06.01.04 state in a specific and clear manner the fact which gave rise to the charge in order to enable the accused to prepare a full and complete defence;

 

Any irregularity under 17.06.01.01, 17.06.01.02 and 17.06.01.04 shall cause a dismissal of the charge;

Any irregularity under 17.06.01.03 may be corrected upon request of the accused under conditions deemed appropriate by the National Executive Board;

17.06.03 Any charge must be laid within sixty (60) days of knowledge of the event giving rise to the charge;

17.06.04 Any charge must be sent by registered mail to the office of the Secretary-Treasurer of the National Union, or, if the Secretary-Treasurer of the National Union is under charge, to the office of the President of the National Union;

If the President and the Secretary-Treasurer of the National Union are both under charges related to the same events or incidents, the charge shall be submitted to a National Officer appointed by the National Executive Board;

In any case, the charge shall be deemed received as per the date registered;

17.06.05 The Secretary-Treasurer of the National Union, or the person designated by the President of the National Union shall personally give the charge to the President of the National Union and shall send by registered mail to the accused and person laying charge, within seven (7) days of receipt of the charge:

17.06.05.01 a true copy of the charge laid with a mention of the date it was made;

17.06.05.02 a notice giving a summary of the procedure to be followed in the matter;

 

17.06.07 The National Executive Board shall examine the statement of charge submitted to it; it shall, on its own authority or at the request of the accused, decide on the admissibility of the charge; for that purpose, it shall determine any matter related to:

17.06.07.01 the timeliness of the charge;

17.06.07.02 the irregularity of the charge as per 17.06.02;

17.06.07.03 the admissibility of the charge in all other aspects including, as need be, its frivolous or vexatious character;

As the case may be, the National Executive Board shall reject the statement of charge or determine, if need be, corrections to be made in the manner it shall deem appropriate;

The National Executive Board shall give the accused and person laying the charge an opportunity to express their arguments in the manner and under the conditions it shall deem appropriate;

 

17.06.09 The National Executive Board shall set, as need be, the time and place for the hearing;

It shall give the accused and person laying the charge reasonable time to present their case; in any event, the hearing must be held no later than ninety (90) days after the matter has been referred to the National Executive Board;

The National Executive Board may extend by an additional thirty (30) days the date of the hearing when deemed appropriate;

17.06.10 The proceedings shall be noted in shorthand or recorded;

17.06.11 The accused and person laying the charge shall have the right to introduce evidence bearing on the charge; they may do so by any means deemed acceptable by the National Executive Board;

17.06.12 The National Executive Board shall not be required to follow the rules of evidence applicable to civil matters; it may enquire about the facts in the manner it shall deem acceptable and appropriate;

17.06.13 The National Executive Board shall review the evidence introduced and decide on the charge on the basis of the evidence received; the decision must be made within thirty (30) days of the hearing;

17.06.14 The National Executive Board may accept or reject the charge, but cannot amend it; should it accept the charge, it may, at its discretion, impose:

- a reprimand;

- the suspension of the accused from office for a period of time deemed appropriate;

- the removal of the accused from the office;

- the suspension from membership of the accused for the time period deemed appropriate;

- the expulsion of the accused from membership in the Union;

- any disciplinary measure deemed fair and equitable in view of all circumstances;

 

17.06.16 The decision of the National Executive Board shall be final and without appeal for the person laying the charge and the accused if the latter is a Representative;

17.06.17 The decision of the National Executive Board putting an end to the case may be the object of an appeal in accordance with the provisions of 17.07 of this Article if the accused is an Officer of the National Union;

17.06.18 When the statement of the charge has been laid against a Representative, the President of the National Union or the National Executive Board may on its own authority or upon request, should it deem appropriate, suspend the accused from duties pending the decision of the National Executive Board;

17.06.19 Should the President of the National Union and the Secretary-Treasurer of the National Union be both under charges in relation with the same incidents or events, their responsibilities under this section shall be given to one or more officers of the National Union selected by the National Executive Board;