8.1 Charges

Any member or officer, as the case may be, may be charged with:

A. Violation of any specific provision of this Constitution and Bylaws;

B. Financial malfeasance;

C. Gross disloyalty or conduct unbecoming a member;

D. Working for the employer during a lockout or a BNG authorized strike;

E. Willful action interfering with any BNG collective bargaining agreement or other legal obligation;

F. Deliberately interfering with any official of the Union in the discharge of that official’s duties;

G. The wrongful taking or retaining or disclosure of any money, books, papers or any other property belonging to the Union; or the wrongful destruction, mutilation or erasure of any books, records, bills, receipts, vouchers or other property of the BNG; or

H. The willful disclosure of any confidential matter of the Union to any employer or its agents, except to the extent required by law.

8.2 Hearing

No member may be suspended or expelled, or otherwise disciplined except for non-payment of dues, without a full and fair hearing, of which reasonable notice shall be given the charged member, before the Trial Board of the BNG. The hearing shall be based on written charges, specifying the nature of the offense of which the member is accused, and the charged member shall be given a fair opportunity to present his or her defense.

8.3 Notice

Whenever charges are brought against any member or officer of the BNG, the charges shall be filed in writing with the Recording Secretary, and signed by the charging member. A written copy of such charges shall be served on the charged member either personally or by registered or certified mail to the last known address of the accused at least ten (10) days before the hearing of the charges.

8.4 Trial Board

The Governing Board shall be the Trial Board, but it shall not include a member charged or preferring charges or appealing a decision of the Grievance Committee. Any decision pertaining to charges outlined in 8.1 shall require a two-thirds vote of the board members present at the trial.

8.5 Appeals

Anyone appealing a decision of the Grievance Committee shall be permitted to present his or her case to the Governing Board and shall thereafter be temporarily excused from the meeting during the discussion and voting following his or her presentation. A majority vote of the Governing Board shall be required to overrule the decision of the Grievance Committee.

The decision of the Governing Board shall be deemed final unless the individual or individuals against whom said decision shall have been rendered files with the Recording Secretary a written request to appeal the decision of the Governing Board to the general membership of the Union within fifteen (15) days of the date of the decision.

Anyone appealing a decision of the Governing Board shall be permitted to present his or her case to the general membership of the BNG and shall thereafter be temporarily excused from the meeting during the discussion and voting following his or her presentation. A two-thirds vote of the general membership present shall be required to overrule the decision of the Governing Board. The members of the Governing Board shall have a voice but no vote in connection with appeals.

8.6 Counsel

Any member under charges may have another member of the Union act as counsel to represent him or her in the presentation of his or her defense.

8.7 Governing Provisions

Charges and the basis for charges shall be governed by the provisions of the Constitution and Bylaws of the BNG.

Subject to the provision of applicable statutes, every member or officer of the Union against whom charges have been preferred and disciplinary action taken agrees, as a condition of membership and the continuation of membership, to exhaust all remedies provided for in this Constitution and Bylaws and further agrees not to file or prosecute any action in any court, tribunal or other agency until those remedies have been exhausted.

Return to Constitution and Bylaws