PUBLIC REVIEW BOARD

UAW Constitution ensures union’s democracy

Article 33 of the UAW Constitution provides any member the right to appeal on a whole range of issues and disputes which can arise in the life of the union — grievances, election protests or “any action or inaction” by union officials or representatives.

Generally, the appeal must first be filed with the body responsible for the action under appeal. If the complaint is about the disposition of a grievance by a local union representative, the starting point is the membership of the local union or unit of an amalgamated local union.

If the disposition was made by an international representative, the appeal would be to the International Executive Board. Article 33 establishes the parameters for filing constitutional appeals otherwise provided for in the constitution.

Election protests are generally handled pursuant to Article 38 or Article 45. In these cases the appeal is first to the membership. The exception to the procedure outlined in Article 33 is the timetable for filing of the appeal.

Once the International Executive Board has issued a decision on an appeal, the decision may be appealed to either the Public Review Board (PRB) or the Convention Appeals Committee (CAC).

The UAW was the first labor union to allow an independent tribunal, the PRB, to render decisions on internal appeals.

The PRB has functioned since 1957 as the guardian of not only members’ rights but of moral and ethical practices of the union. Its decisions are final and binding.

This independent board consists of professor Theodore J. St. Antoine of the University of Michigan Law School who serves as chairman of the PRB; Benjamin Aaron, emeritus professor of law at the University of California; professor Janice R. Bellace of the Wharton School of the University of Pennsylvania; professor James J. Brudney of the Ohio State University College of Law; James E. Jones Jr., emeritus professor of labor law and industrial relations at the University of Wisconsin; and professor Paul C. Weiler of the Harvard Law School. Serving as well is Maria Ontiveros, the newest member of the PRB. Ontiveros is a professor at University of San Francisco School of Law and was appointed to fill the vacancy created by the death of professor Marilyn Yarbrough of the University of North Carolina School of Law.

The CAC comprises elected delegates from local unions chosen by lot at UAW Conventions. Like the PRB, it takes appeals only after all internal routes of appeal have been followed, up to and including the union’s International Executive Board.

The PRB recently published its annual report. Single copies are available upon request to UAW members at no charge from the UAW Purchasing Department,
8000 E. Jefferson Ave., Detroit, MI 48214.