OFFICE OF THE APPELLATE OFFICER
LABORERS' INTERNATIONAL UNION OF
NORTH AMERICA
Rules of Procedure for Appeals to the Appellate Officer.
Rule 1. Scope of Rules
Pursuant to the LIUNA Ethics and Disciplinary Procedure
adopted on January 18, 1995, the following rules are hereby
adopted. The rules shall take effect on May 10, 1995 and
shall apply to all appeals to the Appellate Officer from
decisions rendered after May 10, 1995 by the independent
Hearing Officer ("IHO").
Rule 2. Pleadings
All pleadings referred to in these rules, including notices
of appeals, motions, briefs, and appendices, shall be filed
with the Appellate Officer in care of the following: W. Neil
Eggleston, Appellate Officer, Howrey & Simon, 1299
Pennsylvania Avenue, N.W., Washington, D.C. 20004. The
original and one copy of each pleading shall be filed. A
separate copy must be served on the opposing party. Filing of
pleadings may be accomplished by mail or courier
addressed to the Appellate Officer. Pleadings will be
treated as filed on the day of mailing or transmittal. The
Appellate Officer will hold the pleadings confidential
and permit no one except the parties and their
authorized representatives to examine them during the
pendency of the proceedings.
Rule 3. Notice of Appeal
A party wishing to appeal from a final decision of
the IHO must file, within 10 days of the filing of a final
decision by the IHO, a notice of appeal with the
Appellate Officer.. The notice shall indicate the party or
parties taking the appeal; the date of the decision below;
and the names of counsel for or other authorized,
representative of each party.
Rule 4. Briefing Schedule
Upon filing of the notice of appeal, the Appellate
Officer will serve upon each party a briefing schedule
indicating when each party's briefs are due to be filed.
The briefing schedule will also set forth the page limits
applicable to each party's briefs. In appropriate cases,
the Appellate Of ricer, upon the motion of any party or
on his own motion, may order expedited briefing and
argument.
Rule 5. Briefs
(a) Principal Brief
The principal briefs of the appellant and appellee
shall contain the following:
(1) A statement of the issues presented for review.
(2) A statement of the facts relevant to the issues
presented for review. All facts stated shall be
supported by reference to the page or pages of the
record or appendix (see Rule 6, below) where
that fact appears.:
(3)An argument.
(4) A short conclusion stating the relief sought.
(b) Reply Brief
The appellant may file a brief in reply to the brief of
the appellee.
Rule 6. Appendix to the Briefs
(a) Contents
The appellant shall submit, bound separately
from the principal brief, one copy of an appendix
containing any opinion, memorandum of decision
report or findings of facts and conclusions of law
issued by the IHO in support of his decision. The
appendix shall also contain copies of any other
opinions, orders, excerpts from transcripts and
other documents relevant to the issues raised on
appeal. The appellee may also submit with its brief
one copy of an appendix containing any materials
not contained in the appellant's appendix.
(b) Hearing of Appeals on the Original Record
Without the Necessity of an Appendix
The Appellate Officer may, upon motion of any party
or on his own moron, dispense with the requirement of an
appendix and permit appeals to be heard on the original
record.
Rule 7. Computation and Extensions of Time
(a) Computation of Time
In computing any period of time prescribed
by these rules or a briefing schedule, only
business days shall be included. The day of the act or
event from which the designated
period of time begins to run shall not be
included. In all instances in which a responsive
pleading or brief is required, the time period
shall commence running from the date the brief
or pleading requiring a response was mailed
or otherwise transmitted.
(b)Enlargement of Time
The Appellate Officer may enlarge the time prescribed
by these rules on request of any party. Such requests
shall be set forth in a letter submitted to the Appellate
Officer stating the reasons for the request, and a copy of
such letter shall be served on all other parties.
Rule 8. Oral Argument
The principal briefs of the appellant and
appellee shall state whether oral argument is
requested. The Appellate Officer or may request oral
argument on his own motion in the absence of a
request for oral argument by either party. If oral
argument is ordered, the Appellate Officer will
notify each party within a reasonable time after the
filing of ad briefs. Arguments will be heard at a time
and place designated by the Appellate Officer. An
attempt will be made to hold oral argument at a location
convenient to all parties. Attendance at the argument
will be limited to the parties and their attorneys or
representatives.
Rule 9. Petition for Rehearing
A petition for rehearing may be filed within 10 days
after the Appellate Officer renders a decision. The
petition shall state the points of law or fact which
in the opinion of me petitioner the Appellate Officer
has overlooked. There will be no oral argument in
support of a petition. No answer to a petition will be received
unless requested by the Appellate Officer. If a
petition for rehearing is granted, the Appellate Officer may
make a final disposition of the case without re-argument.
Rule 10. Motions
Unless otherwise provided under these
rules, an application an order or other relief
shall be made by filing a motion with
service on all parties. Unless the time for
filing a response is modified by the
Appellate Officer, any party may file a
response in opposition to a motion within 7
days after the motion is mailed or otherwise
transmitted. No oral argument will be heard
on motions unless otherwise ordered by the
Appellate Officer.
Rule 12. Remand for Further Investigation
The Appellate Officer reserves the right to remand any matter
to the IHO for further investigation or fact-finding.
Rule 13. Substantial Compliance
The Appellate Officer, within his discretion, may
consider pleadings that are untimely or otherwise not in
technical compliance with these rules.
Rule 14. Transmission of Record
Following the issuance of the Appellate Officer's final
written decision and the expiration of time for the filing of
any petition for rehearing, the Appellate Officer will
transmit the original record to the General Secretary
Treasurer for inclusion in the docket in accordance with
the procedure outlined in Rule 2 of the IHO's Rules of
Procedure For Arbitrations involving Disciplinary Matters
For Individuals Before the LIUNA independent Hearing
Officer.
W. NEIL EGGLESTON
Appellate Officer
DATE: May 10, 1995