CUPE Trial: How does it work?
A trial is initiated when a member submits a written complaint against members of CUPE 3903 to the Recording Secretary. The Recording Secretary notifies the accused and schedules the selection of the Trial Committee for the following GMM. The Trial Committee is responsible for determining the merit of the complaint
A full explanation of the CUPE Trial Procedure is available online in the CUPE National Constitution 2013 under Appendix B.XI.
The following is a summary of how Trial Committee selection will take place at a General Membership Meeting (GMM).
Only the names of the accusers and the accused will be announced at the GMM.
Members will only select a Trial Panel and a Trial Committee. The trial itself will not be conducted at the GMM.
The election of the Trial Panel will be conducted by the Vice-President Unit 1. Members present may be nominated to the Trial Panel, and cannot decline nomination unless they are going to be a witness at the trial. The 11 members who receive the most votes are elected to the Trial Panel.
The Recording Secretary will put the names of the 11 members of the Trial Panel into a ballot box. The Vice-President will draw names from the ballot box one at a time and read out the name. The Vice-President will ask the accused and then the accuser if they object to the member sitting on the Trial Committee. If neither the accused nor the accuser object, the member becomes a member of the Trial Committee. If either the accused or the accuser objects, the member does not become a member of the Trial Committee.
The accused and the accuser are each allowed to object to no more than three members of the Trial Panel becoming members of the Trial Committee.
The Trial Committee is comprised of the first five members of the Trial Panel whose names are drawn and who are not objected to by the accused or the accuser. Within 60 days of its selection, the Trial Committee will initiate the trial procedure at a private hearing into the complaint.