If the Union Brings Charges Against You
This is the internal-union situation: the union moves to discipline a member. It’s uncommon, and it’s fenced in by real protections — both from federal law (Lesson 2) and from our own constitution.
The federal floor (from Lesson 2). Before the union can fine, suspend, or expel a member, you’re entitled to:
- Written, specific charges — told exactly what you’re accused of, in writing.
- Reasonable time to prepare a response.
- A full and fair hearing before any decision.
What our constitution adds. Our constitution limits when the union can discipline at all, and sets one required process:
📜 From Our Governing Documents
“This Local Union may discipline its members or officers only as permitted by law, for violation of the International Union Constitution or this Local Union’s Constitution and Bylaws … The OPEIU Uniform Disciplinary Procedure, which includes rights of appeal to ensure full compliance with applicable law, shall be the sole procedure for processing charges …”
— Local 109 Constitution, Article XIV, Section 1 (Prohibited Activities)
💬 In plain terms: The union can’t discipline you on a whim — only for specific, defined reasons, and only through one set procedure (the OPEIU Uniform Disciplinary Procedure), which builds in the right to appeal. A few things worth knowing:
- You get an impartial panel. Our constitution has the Executive Board sit as the Trial Board, and anyone who is themselves under charges is barred from judging the case (Article XV).
- You can appeal a decision through the Uniform Disciplinary Procedure.
- There’s an “internal first” rule. You’re generally expected to use the union’s internal remedies before going to court — though, as Lesson 2 noted, federal law caps how long you can be required to stay inside that internal process before turning to an outside authority.
- This is separate from dues. Being suspended for not paying dues (Lesson 3) is not this process — the disciplinary procedure specifically does not cover nonpayment of dues.
🚩 Facing internal union charges? Don’t navigate this from a lesson. The actual step-by-step lives in the OPEIU Uniform Disciplinary Procedure, which you can request from the International Secretary-Treasurer. Contact union leadership right away, get a copy of that procedure, and — because expulsion, fines, and suspension are serious — consider legal counsel. This course can’t advise on your specific case.
💡 Think first: The union moves to discipline a member but gives no written charges and no hearing, and says there’s no way to appeal. Is that how it’s supposed to work? Decide, then click.
No. Federal law requires written specific charges, time to prepare, and a full and fair hearing. Our constitution goes further: discipline is only for defined reasons, must run through the one required procedure (the OPEIU Uniform Disciplinary Procedure), is heard by an impartial Trial Board, and includes the right to appeal. If any of that is missing, that’s a “contact leadership right away — and get the written procedure” moment.
