17.07 Appeal of the decision of the National Executive Board

17.07.01 The accused alone, if the accused is an officer of the National Union, may appeal the decision of the National Executive Board, putting an end to the case;

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

17.07.03 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 remedy sought;

 

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

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

17.07.07 Within seven (7) days following receipt of the notice of appeal, the President or Secretary-Treasurer of the National Union, as the case may be, or, in case of inability to act, absence, or conflict of interest of both, the officer or officers designated as per 17.07.05, shall forward the accused and person laying the charge a notice indicating the date of receipt of the notice of appeal, to which shall be appended a true copy of the notice of appeal;

17.07.08 The person who has served the notice prescribed under 17.07.07 shall prepare the complete record of the charge;

17.07.09 In the case of an appeal filed by a Vice-President of the National Union, or the Executive Vice-President - Quebec, such appeal shall be decided upon by the delegates of the region involved in a special meeting called in accordance with the provisions of 8.06;

17.07.10 In the case of an appeal filed by the President of the National Union or Secretary-Treasurer of the National Union, except the Executive Vice-President - Quebec, such appeal shall be heard and decided by delegates from the Local Unions of the CEP in a special meeting called in accordance with the provisions of 8.06;

17.07.11 Notice of the special meeting of delegates from the region involved and notice of the special meeting of delegates from Local Unions of the CEP, as the case may be, shall be sent within sixty (60) days following receipt of the notice of appeal;

17.07.12 The date, time and place of the special meeting of delegates of the region involved or delegates of Local Unions of the CEP, as the case may be, shall be set by the President of the National Union; subject, however, to 17.07.23. This meeting shall be held within one hundred and twenty (120) days following receipt of the notice of appeal;

17.07.13 Delegates shall be designated by Local Unions in accordance with provisions of 8.06;

17.07.14 The National Executive Board shall establish an Appeals Committee of five (5) members selected among the delegates, thirty (30) days prior to the special meeting;

17.07.15 As soon as it is established, the Appeals Committee shall meet to review the appeal record referred to it;

17.07.16 Members of the Appeals Committee shall designate among their number the person who shall act as chairperson of the Committee;

17.07.17 The Appeals Committee shall examine the matter on the basis of the record submitted before the National Executive Board; it shall give the accused and person laying the charge an opportunity to express their arguments in the manner and under the conditions deemed appropriate;

17.07.18 The Appeals Committee will take preliminary objections under advisement, if need be, and review the case on its merit in order to submit a complete report to the special meeting;

17.07.19 The special meeting may:

17.07.19.01 accept or reject the decision of the National Executive Board relative to the admissibility of the statement of charge and render the decision which should have been rendered in the first place in this connection; provisions of 17.06.08 shall apply with the necessary changes being made;

17.07.19.02 accept or reject the decision of the National Executive Board dealing with the merit of the charge; provisions of 17.06.15 shall apply with the necessary changes being made;

 

17.07.21 The wages and benefits shall then be paid to the accused by the National Union on the basis of the date of reinstatement in office or the length of the penalty imposed;

17.07.22 The decision of the special meeting shall be final and without appeal;

17.07.23 When the decision of the National Executive Board is rendered on a date which precedes by less than six (6) months the date of opening of the Constitutional and Policy Convention of the CEP, the appeal filed by an Officer of the National Union under 17.07.01 shall be decided during that convention instead of by a special meeting; and in the same manner as if that special meeting had been called;

17.07.24 Provisions of 17.07.08 to 17.07.21 shall apply with the necessary changes being made to the Constitutional Convention;

17.07.25 The National Union shall pay the expenses and loss of wages of the parties in accordance with the policy adopted from time to time by the National Executive Board.