The democratic principles of trade unionism to which the Union subscribes, require that every member shall be entitled to be notified in writing of charges preferred against them, an opportunity to be heard in their defense and a fair trial. Only after such procedure has been followed can any penalty be imposed.
16.1 Principles of Natural Justice, Trial Panel, Right to Challenge Determination:
a) A member may be charged for cause. The Executive Board, having satisfied itself that its information is complete, and after having considered such information, shall decide whether or not to proceed with Charges, Trials and Penalties. Prior to determining whether or not to proceed with Charges, Trials and Penalties, all the information received by the Executive Board shall be reviewed by an outside Consultant, who shall furnish a written report to the Executive Board. The Executive Board shall appoint the outside Consultant.
b) The President shall have prepared a list of all PEA-HESU Chapter members in good standing. The name of each member shall be on an individual slip of paper and placed in a container. The President shall draw ten (10) names from the container and these shall constitute the Trial Panel.
c) The accused and the accuser shall each have the right to challenge two (2) members on the Trial Panel. The first of six (6) unchallenged members shall constitute the Trial Panel. Of these six (6) members, the last two (2) shall serve as alternated to the Trial Panel. The President shall appoint one of the members on the Trial Panel to act as Chairperson.
d) In the event of a determination which confirmed the validity of the charge or charges, the panel may expel, suspend, fine, or otherwise discipline such member. The determination shall be put into writing. Should the Trial Panel then act further, the accused and accuser shall receive a copy of the determination.
16.2 Emergency Suspension, Reimbursement:
a) Where in the opinion of the Executive Board, a member engages in activities which are seriously detrimental to, or jeopardizing the interests or welfare of the Union, the Executive Board may immediately discipline such member, discipline shall include:
i. Written warnings
ii. Suspensions and termination of membership in the Union, any disciplinary suspension or termination of membership in the Union shall remain in effect until a determination has been rendered by a panel struck from members in good standing as provided in 16.1 above. A hearing shall be scheduled with seven (7) days of the suspension or termination of membership.
b) The Union shall reimburse to members found innocent of the charge or charges against them, all expenses so incurred related to the hearing, including loss of wages.
Any member dissatisfied with the determination by a panel of members in good standing upon hearing of charges may appeal to the Annual General Meeting. The decision of the Annual General Meeting shall be final.