Trials & Appeals
The Local Union Trial Manual is a how-to book with basic guidelines and procedures for running a trial board hearing. It also provides detailed information regarding the procedures of trial boards.
The Local Union Trial Manual is a how-to book with basic guidelines and procedures for running a trial board hearing. It also provides detailed information regarding the procedures of trial boards. The manual is not designed to supplement or detract from Articles XV-XVIII of the IAFF Constitution and By-Laws. Those provisions always govern over anything provided in the Manual.
Provisions governing the filing of charges for misconduct are set forth in Articles XV-XVIII of the IAFF Constitution and By-Laws. These articles are the foundation for determining misconduct and penalties, filing charges, the manner for determining guilt or innocence, and the submission of requests for appeals.
Article XV – What is considered misconduct, and what types of penalties are rendered?
Article XVI – Who files charges? With whom should they be filed? How and when should they be filed?
Article XVII – Who hears the charges? How are the charges heard? How is guilt or innocence determined?
Article XVIII – How does an individual found guilty of misconduct appeal the decision? How is a decision enforced?
Below are some frequently asked questions regarding charges.
What does a charge look like?
A blank charging document is included in the trial manual and may be found, in Word format, on the IAFF Legal Department’s page. The form and content of the charge against an IAFF member or affiliate officer is governed by Article XVI, Sections 1 through 3.
This is too complicated.
Federal law generally requires that any member of a “labor organization” be afforded due process in circumstances where the member may be fined, suspended, expelled, or otherwise disciplined. The IAFF’s own procedures are designed to provide full due process to any member charged with misconduct.
I filed a charge. Now what?
The full prosecution of a charge is handled by the charging party. The IAFF does not investigate and prosecute charges on behalf of a charging party.
I filed a charge and nothing happened. Now what?
Please review Article XVII, Section 1(A).
Appeals
Article XVIII of the IAFF Constitution and By-Laws contains specific procedures for filing an appeal of any final action by an affiliate. Under principles of local autonomy, the General President has authority to review and specifically act upon the actions of local affiliates only in cases where a formal appeal has been filed.
Article XVIII requires that appeals be
- filed within thirty days of the final action from which appeal is taken (whether a trial board decision or a decision of an affiliate);
- filed in envelopes clearly marked “Appeal” on the outside;
- mailed by certified mail, return receipt requested, where available, and where not available by registered mail;
- mailed in the same manner to the party whose order or decision is being appealed, and the appeal must contain a statement affirming that a copy of the appeal has been sent to the adverse party or parties, and list the names and addresses to whom a copy of the appeal has been sent; and
- set forth the specific action appealed and provide all documentary records necessary for consideration of the appeal.
A party adverse to the appeal may file a statement in opposition to the appeal, but must do so within thirty days of receipt of the appeal. He or she must mail the statement in the same manner as described in items 3 and 4 above.