In general, the internal remedy provisions of the Constitution can
encompass a wide variety of claims which arise as a result of the
day-to-day operation of the Union. Union members or subordinate bodies
have a wide right to appeal actions, decisions, failures or refusals
to act on the part of the National Union, the National Executive Board
(NEB), any administrative arm of the National Union, a Local Union,
or any of its units, committees, officers, Committeepersons or stewards,
or any other subordinate body of the National Union. The normal route
of appeal, except where the Constitution makes specific provision
otherwise, is first to the membership or delegate body immediately
responsible, second to the National Executive Board, unless the appeal
begins there, and third to the Public Review Board or to the Convention
Appeals Committee, whichever is appropriate.
It should be noted that on appeals concerning the handling of a grievance
or other issue involving a collective bargaining agreement, the Public
Review Board has no jurisdiction unless the appellant has alleged
before the National Executive Board that the matter was improperly
handled because of fraud, discrimination, or collusion with management,
or that the Union’s decision had no rational basis. (Please
see subparagraph 10(c)(ii) of Article 24 of the CAW
Constitution.)
Reference should be made to Articles 24 of the Constitution
for detailed information regarding appeals. In addition, reference
may be made to the Public Review Board’s Rules of Procedure.
The Ethical Practices Codes were adopted by the Founding Convention
of the CAW/TCA Canada in Toronto, Ontario, September, 1985. The Codes
are reprinted in the Constitution immediately following the text of
the Constitution itself. There are four Ethical Practices Codes: Democratic
Practices; Financial Practices; Health, Welfare, and Retirement Funds;
and, Business and Financial Activities of Union Officials.
Claims involving allegations of violations of the Ethical Practices
Codes are processed in much the same manner as claims arising under
the Constitution. For details about complaints involving the Ethical
Practices Codes, reference should be made to Section 11 of
Article 24 of the Constitution. In addition, reference may
be made to the Public Review Board’s Rules of Procedure.
