English Español

Disciplinary procedure

a) The Union has the power to investigate the conduct of any member in order to determine if that member has been guilty of any breach of these rules or of conduct injurious to the interests of the Union or its members or of conduct unbecoming a member.

b) Decisions on whether disciplinary procedures should be initiated in individual cases should be taken, without delay and no later than 5 working days after referral of the matter, by a permanent Disciplinary Sub-Committee of the General Secretary, President, and Vice-President;

c) If a serious allegation against a union official, rep, or member arises, and it would be in the interests of the union for the person to be suspended from official duties and/or membership pending an investigation, and if a majority of the Sub-Committee agree that the situation merits suspension, then they shall have the power to suspend on behalf of the IWGB. It should be made clear that the suspension is not punishment, and the temporary suspension should only last until the Article 11 investigation and decision has been made. (Introduced: November 2017 by the IWGB Executive Committee)

d) If a disciplinary procedure is commenced, the Disciplinary Sub-Committee shall appoint a Qualified Investigator to run the proceedings. Qualified Investigators are those members of staff and the Executive Committee who have completed the training provided by the Legal Department on how to run these proceedings (The Union’s complaints and grievance procedures are also administered by Qualified Investigators who have completed the requisite training). The Qualified Investigator shall write to the member initiating proceedings no later than 5 working days after being appointed, and shall aim to complete proceedings no later than 10 working days after proceedings commence.

e) A member who is deemed guilty of the charges may be subject to one or more of the following penalties:

e.1. be cautioned as to future conduct;

e.2. be debarred from attending Union meetings for a period as decided;

e.3. be debarred from holding office or participating in any way in branch or Union administration for a period as decided;

e.4. be suspended from membership for a period as decided;

e.5. be expelled from membership.

Appeals

a) A member who has been the subject of an investigation under Article 11 and who is dissatisfied with the decision may appeal. If the member wishes to appeal the outcome of the proceedings, they should do so within 5 working days of receiving the outcome. The appeal shall be sent to the Disciplinary Sub-Committee.

b) The Disciplinary Sub-Committee shall appoint an appeals panel of 3 Qualified Investigators to hear any appeal, and the same time limits as for the initial proceedings shall apply.

c) The appeals panel may affirm or reverse the original decision and may substitute one or more of the penalties prescribed in Article 11 for all or any of the penalties imposed by the original decision.

d) A decision of the appeals panel shall be final and conclusive.