CHAPTER XI

ARTICLE 82. To apply the sanctions established in paragraphs b) c) d) e) of Article 75 shall be the following case:

I. When it becomes aware that any or some affiliated the union has committed an act that merits punishment, the Commission Autonomous Monitoring, either by initiative or on demand some other organ or member of the Union:

a) Under strict liability whether or not the conduct attributed to the accused can get to establish some of the sanctions stipulated by the Statute, citing prosecutors to ratify its charge and provide evidence in his case.

b) summon the suspect to let him know the content of the charge against him and there will evidence tending to prove his innocence.

c) conduct the investigation, if in the opinion of the Commission Monitoring Autonomous there is sufficient evidence to demonstrate liability or the defendants, require the Commission Autonoma de Honor and Justice to implement the correction disciplinary action which it considers appropriate or inform their conclusion hold harmless or investigated, alternating the file original.

d) The procedure referred to in the preceding paragraphs shall ventilated at the end of 45 working days from the date of receipt of the allegation or informally research starts. After this term may apply Representatives to the General Council of the extension of term be extended by 45 days, stating the reasons and this instance decide on that application, beaten in appropriate, the latter shall refer the dossier to the Commission Autonomous Honor and Justice in the state where you are.

II. The borough Assembly may dismiss from office Delegates to the General Council of Representatives or members of Subcommittees, after consulting the Commission Autonomous Monitoring, when guilty of misconduct set forth in Article 75 of this Statute, by the following procedure:

a) Convene Assembly Delegation in the corresponding terms established by the Statute and at least three days in advance.

b) To be announced in the notice and agenda the purpose of the Assembly.

c) shall be summoned in writing to the person proposed to dismiss.

d) They must be present at fifty percent memos plus one of members of the Delegation of Zambia.

e) knowledge should be given to the Commission Autonomous Monitoring, who supervise the proper implementation of this procedure and ensure the right audience and or defense of the accused.

II. Completed the previous procedure, if the decision of the Assembly is dismissed, there is no appeal procedure that decision, if the decision is in the opposite direction or the Assembly not requested that the proceeding be continued with the provisions of paragraph V of this article.

IV. Shop stewards who your Assembly members accused of negligence for failure to perform its obligations, shall apply removal of a referendum as follows:

a) The Assembly shall elect a collegial body to monitor odd the procedure.

b) a date for universal suffrage, direct and secret.

c) If the result is not subject to removal by the Delegate referendum is equal to or greater than 20 percent, will continue in office, otherwise will be revoked.

d) The Commission shall be notified Autonomous Surveillance for the purpose of monitoring the procedure and that the Assembly decided by the application of this procedure has the legal quorum.

V. The Autonomous Committee of Honor and Justice to receive the acquittal motion or conclusions of the Commission Autonomous Monitoring, proceed as follows:

a) If the results contain motion penalty application giving instruction open statutory right or hearing the accused and his offer of proof, extending as it deems necessary and shall then deliver its decision.

b) If the Commission’s findings Autonomous Surveillance are acquittals can under their own responsibility to ratify or proceed in terms equal to those identified in subparagraph prev.

c) The procedure referred to in the preceding paragraphs shall ventilated at the end of 45 working days from the date of receipt of the motion of the Commission Autonomous Surveillance; expiration of this period the Commission Autonoma de Honor and Justice may request the Council General Representatives of the term extension 45 days, extendible specifying the causes and this solved instance granting or dismissing the case.

d) In cases where the decision of the Commission Honor and Justice Autonomous exonerated of responsibility immediately resolution shall be published in the official Union.

e) When the decision of the Commission Autonomous Honor and Justice is one of condemnation and sanctions applied laid down in Article 75 of this Statute, shall be served immediately to the Secretary of the Organization, taking turns copy of opinion. Also be personally notified immediately the suspended taking turns copy of the opinion, in order that if you want to present your appeal in writing to the Secretary Organization in a fatal end of 15 days working, counted from notified.

VI. Once received by the Secretary of Trade Union Organization damning opinion of the Commission Autonomous Honor and Justice, will proceed as follows:

a) If no appeal received, shall implement sanction ordering the publication in the national Union and making it known to whoever appropriate.

b) When there is appeal, will join as a point on the agenda of the General Council of Representatives immediate written notice and attribution to the appellant.

c) or require the defendants to appoint an advocate or demonstrate if they defend themselves.

d) will read the opinion by one member Autonomous Commission of Honor and Justice. The defendant answer the charge and setting the corresponding to his defense, having realized his presentation to discuss the accusatory opinion.

e) completion of the presentations, in cases where the sanction decreed is any of those established in paragraphs b), c) and d) of Article 75 of this Statute, the Council granted General of Representatives a recess and a time for deliberation, after the same shall be taken as a nominal vote, must cast the votes in the sense of whether or not to sanction the accused. If several defendants the vote can be for some in one direction and others in another. The computation for determining final will be shedding at least fifty percent plus one. When the disciplinary measure is the set in subparagraph e) of article 75 (expulsion) Delegates to the General Council of Representatives must take their final decision borough assemblies citing them for the sole purpose of meeting and seeking the expulsion votes workers’ personal. This penalty shall apply when approved by two thirds of the membership of the union.

f) The resolution must be published in the national Union official and communicated to the accused or if not be present. At no time may be given advertising accusatory conclusions, opinions or defense without exhaust the procedure in this article.

VII. Judge may not be members of the Union for the same facts that they had been tried.