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- Article V - Membership
- Article
VI - Dues, Fines and Assessments
- Article
XIII - Locals
CWA Constitution, Article V -
Membership
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Section-Eligibility
(a) All persons engaged in the communications field and other fields of endeavor,
both public and private sectors, excepting those excluded by law, shall be eligible for
membership in the Union.
(b) All persons who are officers of labor organizations representing workers within the
jurisdiction of the Union shall be eligible for membership in the Union.
(c) Members of the Union who are on leaves of absence from their employment or who are
employed on a full-time or part-time basis by the Union or a Local or who are or may be
retired for any reason may continue to be active members.
(d) No person, otherwise eligible for membership, shall be denied membership in the
Union because of sex, race, color, creed or nationality.
(e) No person, otherwise eligible for membership in this Union, shall be admitted to
membership if the person has been fined, suspended or expelled by a Local in this Union,
until the person has complied with the terms of such fine, suspension or expulsion.
Section 2-Applications
(a) Membership in the Union shall be obtained and maintained through membership in a
chartered Local of the Union.
(b) Each application for membership shall be accompanied by the initiation fee
established by the Local which shall not be less than two dollars ($2.00) nor more than
five dollars ($5.00), without approval of the Executive Board.
(c) The Union's portion of an initiation fee shall be one dollar ($1.00). Each Local
shall pay the Union its portion of initiation fees in such manner as required by the
Convention or the Executive Board.
(d) The Executive Board may waive the Union's portion of the initiation fee. A Local
may waive its portion of the initiation fee with approval of the Executive Board.
(e) In the event an application for membership is denied, the initiation fee shall be
refunded to the applicant.
(f) Each Local shall establish a membership committee or membership committees which
shall act upon applications for membership. Membership committees shall accept or reject
such applications subject to the right of the Local to overrule the committee.
(g) A Local shall not establish qualifications for membership which contravene
qualifications set forth in this Constitution.
Section 3-Transfers
(a) The Executive Board shall establish rules and procedures for the transfer of the
membership of a member of the Union who changes employment from the jurisdiction of one
Local to another.
(b) The transferred member shall not be required to pay an initiation fee if the
transfer is initiated not later than thirty (30) days after the effective date of the
change in employment.
(c) The member shall be granted such transfer of membership if the member is in good
standing.
(d) All Locals shall be supplied with certificate of transfer forms by the Union.
(e) Members of a Local who are or may be retired for any reason, or who are, or who may
be on leaves of absence, may elect to continue to be active members or to assume the
status of associate members. In the event any such person elects to become an associate
member, the person shall lose voting privileges but shall not be required to pay dues.
Section 4-Termination
(a) Membership in the Union shall be terminated when any member shall accept a position
which would render the person ineligible for membership, except that a member who
temporarily assumes such a position may retain membership for a period not to exceed
thirty (30) days, provided during such period such member shall not hold any office within
the Union.
(b) Membership may be terminated by expulsion as provided in this Constitution.
(c) A withdrawal card shall be issued by the Local upon application of a member in good
standing leaving the jurisdiction of the Union. Should the holder of a withdrawal card
later return to the jurisdiction of the Union, that person shall not be required to pay an
initiation fee if such card is presented to the Secretary of the Local having jurisdiction
of the member within thirty (30) days of that person returning to the Union's
jurisdiction. Failure to present the card within the time limit specified herein shall
void the rights and privileges granted by such withdrawal card.
(d) Membership in the Union shall be terminated following receipt of a member's written
request sent to the Local of the Union in which the membership is maintained.
Section 5-Retired Members' Clubs
(a) All associates or dues paying members of the Union who are or may be retired by
reasons of age or disability shall be eligible to join in a CWA Retired Members' Club with
such rights and prerogatives as granted herein or may be granted by the Convention or
Executive Board. Retired members may attend the Convention, will be issued appropriate
credentials, and be seated in space reserved for such members.
(b) Application for membership shall be made to the appropriate Retiree Club. If the
applicant was a member of the Union in good standing at the time of his or her retirement
he or she shall be admitted to membership in the appropriate Club.
(c) Each member of a Club shall pay the membership dues established by the Club.
(d) Clubs shall be units of the Union and shall be chartered by the CWA Executive
Board.
(e) Clubs shall be identified by number. Club jurisdiction shall be assigned and
described at the time Charters are issued.
(f) Application for Charter shall be in writing upon forms provided by the
Secretary-Treasurer of the Union and shall be signed by at least five (5) persons eligible
for membership in the Club.
(g) Clubs shall adopt bylaws which are consistent with this Constitution and the
programs of the Union.
(h) Clubs chartered after January 1, 1989 shall become affiliated with Retired Members'
Council. Clubs chartered before January 1, 1989 shall have the option of becoming
affiliated with Retired Members' Council.
Section 6-Retired Members' Council
(a) The Retired Members' Council shall be a unit of the Union and shall consist of
representatives of Retired Members' Clubs which affiliate with the Retired Members'
Council.
(b) The Council shall adopt bylaws and rules consistent with federal and provincial
laws, the Constitution and policies of CWA.
(c) A Council Executive Board shall be elected which will consist of one representative
from each of the CWA Districts and one at-large member who shall be elected from the
Printing, Publishing and Media Workers Sector, NABET-CWA and any other groups that CWA may
merge with including TNG-CWA. The District representatives on the Council Executive Board
shall be elected by secret ballot among the members in good standing of the Retired
Members' Clubs within each CWA District which have affiliated with the Council. The
at-large representative shall be elected by secret ballot among the members in good
standing of the Retired Members Clubs who are retired from the Printing, Publishing and
Media Workers Sector, NABET-CWA or any other groups that CWA may merge with including
TNG-CWA. Terms of office shall be consistent with those of Local officers. The elections
shall be conducted in accordance with Council bylaws, federal and provincial laws and this
Constitution. Any challenge to the Council Executive Board elections shall be resolved in
accordance with the Council bylaws.
(d) The Council Executive Board shall elect a Chairperson, Vice Chairperson and
Secretary-Treasurer to serve one year terms.
(e) The Council Executive Board members shall also serve as delegates to all CWA
Conventions during their term of office and shall each carry one (1) vote. As delegates to
the CWA Convention, Council Executive Board members shall have the right to vote in
elections of the CWA President, Executive Vice President and Secretary-Treasurer.
(f) Each Club affiliated with the Council shall pay a per capita of 10 cents per member
per month to the Council beginning January 1, 1989. Commencing January 1, 1991, the per
capita shall be 15 cents per month. Thereafter, the Council shall determine any increase
in per capita in accordance with the Council bylaws.
(g) The Council shall concern itself with organizing the unorganized, the social,
economic, educational, legislative, and political developments and concerns of its members
and the CWA. Consistent with CWA policies and this Constitution, the Council shall engage
in organizing, political, legislative, educational, civic, social, economic and community
activities to advance and enhance the interests of its membership and the CWA.
CWA Constitution, Article VI -
Dues, Fines and
Assessments
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Section I-Membership Dues
(a) Each member of the Union shall pay the membership dues established by the member's
Local. Membership dues shall be collected in the manner as determined by the Convention or
the Executive Board.
(b) Locals shall establish membership dues.
(c) The Convention may establish minimum membership dues.
Section 2-Per Capita Dues to Union
(a) The Convention shall establish per capita dues to the Union. Locals shall
be required to pay the
(b) per capita dues to the Union within the time and in the manner set forth by the
Convention or the Executive Board.
Section 3-Local Special Assessments
(a) Locals may levy a special assessment in cases of emergency or when income from dues
and initiation fees is inadequate to finance necessary expense of the Local.
(b) Before a Local may levy a special assessment it shall:
(1) Give the reason for the assessment to the members subject thereto;
(2) Obtain approval by majority vote by secret ballot of the members in good standing
voting at a general or special membership meeting, after reasonable notice of the
intention to vote upon such question, or by majority vote of the members in good standing
voting in a membership referendum conducted by secret ballot.
Section 4-Union Special Assessments
(a) A special assessment may be levied by the Convention. A special assessment may be
initiated by the Executive Board, and submitted to referendum in accordance with Article
XXII.
(b) The sums collected by assessments under this Section shall be used only for the
purposes of the assessments, except that any unexpended surplus of such assessment shall
be allocated to the contingency fund of the Union and may be reallocated by the
Convention.
(c) A complete record of all monies collected by assessments under this Section shall
be kept by the Secretary-Treasurer of the Union, and shall be available for inspection by
duly authorized representatives of any Local.
Section 5-Non-Payment of Dues
A member in default, without good cause, in the payment of any installment of dues for
sixty (60) days from the date such amount becomes due, shall be automatically suspended
from the rights of membership and, if the default continues without good cause for an
additional thirty (30) days, after notice in writing by the Local Secretary, shall be
automatically expelled from the Union. "Good Cause" shall be that which the
governing body of the Local determines to be good cause.
CWA Constitution, Article XIII
- Locals
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Section 1-Charter
(a) A Local shall be a unit of the Union and shall be chartered by the Executive Board.
(b) Locals shall be identified by number.
(c) Local jurisdiction shall be assigned and described at the time Charters are issued.
(d) No Local Charter shall be issued which grants jurisdiction in conflict with that of
another Local except as herein provided.
Section 2-Applications
Application for Charter or change of jurisdiction shall be in writing upon forms
provided by the Secretary- Treasurer of the Union and shall be signed by at least five
individuals who are eligible for membership in the Local.
Section 3-Jurisdiction Changes
(a) The Convention or the Executive Board by an affirmative vote of three-fourths (3/4)
may change the jurisdiction of any Local.
(b) Locals may combine or waive jurisdiction by an affirmative vote of a majority of
those voting by referendum in each Local affected.
Section 4-Jurisdiction Disputes
(a) In jurisdictional disputes between Locals the District Vice President will make
every reasonable effort to obtain an agreement among the involved Locals. If no agreement
can be reached the matter will be resolved by the following procedure:
1. Upon agreement of the Locals involved, an election shall be conducted in accordance
with rules and procedures adopted by the Executive Board and shall be conducted under the
supervision of the District Vice President.
2. If the Locals will not agree to an election, the dispute shall be referred to an
independent referee appointed by the Executive Board and approved by the Convention. The
decision of the referee may be appealed to the CWA Convention within thirty days of
receipt of the referee's decision. Such appeals shall be presented to the Convention by
the Convention Appeals Committee. The only responsibility of the Appeals Committee shall
be to convey the decision and opinion to the Convention without making any recommendation.
(b) Where appropriate, the Secretary-Treasurer shall issue a revised charter reflecting
the outcome of any of the above procedures.
Section 5-Causes for Revocation or Suspension of Charter
The Charter of a Local may be revoked or suspended by the Executive Board for:
(a) Failure to meet any financial obligation to the Union within sixty (60) days after
it is due;
(b) Refusing or neglecting to install a successor to any Officer removed by the Union;
(c) Refusing or neglecting to make returns and reports required by the Union;
(d) Refusing or neglecting to bring a member to trial within thirty (30) days after
being directed to do so by the Union;
(e) Resorting to a civil suit or criminal action against the Union or any Officer
thereof before exhausting remedies within the Union organization;
(f) Refusing or neglecting to conform to or abide by any directions or decisions of the
Convention, Executive Board or referendum vote of the membership;
(g) Refusing or neglecting to conform to this Constitution or the policies of the Union
as set forth by the Convention.
Section 6-Procedure for Revocation
The Charter of any Local shall not be revoked until the Local has been given proper
notice of the charges against it and an opportunity to be heard in its defense. It may be
represented by counsel. The Local shall be given at least ten (10) days to prepare its
defense after receiving notice from the Secretary-Treasurer of the Union of any charges.
The hearing will be conducted before a member or members of the Executive Board of the
Union who shall be required to make a report and recommendations thereon to the Executive
Board. A vote of at least two-thirds (2/3) of the Executive Board of the Union shall be
required for a finding of suspension or revocation of a Charter or any other penalty that
may be imposed. In the event penalties other than suspension or revocation are imposed,
such findings shall state that if the Local fails to comply with the finding or to appeal
within the allotted time, its Charter will be automatically revoked. The findings shall be
published to all Locals.
Section 7-Appeal of Revocation
(a) A Local may appeal the findings of the Executive Board to the next Convention
by giving written notice to the Secretary-Treasurer of the Union within thirty (30) days
after the publication of the findings of the Executive Board of the Union. No findings
shall become effective pending the disposition of the appeal.
(b) A two-thirds (2/3) vote of the Convention shall be required to sustain the finding
of the Executive Board in the event such finding is appealed.
Section 8-Temporary Administration
(a) Should there be a final decision revoking the Charter of a Local, the Executive
Board of the Union may temporarily take control of its affairs through a temporary
administrator, who shall take such action, subject to the direction of the Executive Board
of the Union, as may be necessary to guarantee the continuance of the Union and protect
its interests.
(b) The Executive Board may appoint a temporary administrator to temporarily conduct
the affairs of a Local after receiving a request from the Officers or membership of a
Local for such action. In the event the Local or its Officers shall object to the
appointment of a temporary administrator, the President shall give notice in writing to
the Local of the reasons which were the basis for the appointment of the temporary
administrator; shall appoint a member of the Executive Board to hold a hearing for the
purpose of determining the reasons for and the objections of the Local or its Officers to
the appointment of a temporary administrator. The Local shall be entitled to reasonable
notice of the time and place of the hearing which shall not be less than ten (10) days.
The Local or its Officers may be represented by Counsel. At the conclusion of the hearing,
the member of the Executive Board holding the hearing shall make a report with
recommendations to the Executive Board which shall affirm, reverse or modify the
appointment of the temporary administrator. The decision of the Executive Board may be
appealed to the next Union Convention.
Section 9-Authority, Duties and Obligations of Locals
The authority, duties and obligations of chartered Locals, their officers and members,
in addition to those otherwise set forth in the Constitution or in their respective Bylaws
and rules, shall be:
(a) To represent the workers in their respective jurisdiction relating to Local
matters;
(b) To actively implement all Union Programs and carry out the policies established by
the District, State or Area meeting at which it is required to be represented;
(c) To abide by the Constitution, the decisions of the Convention, the Executive Board
of the Union and the decisions resulting from the referendum procedure;
(d) To adopt Bylaws and Rules not inconsistent with this Constitution and to repeal,
amend, or modify such Rules and Bylaws as may be inconsistent therewith, voluntarily, or
at the direction of the Executive Board of the Union, subject to the right of appeal to
the Convention;
(e) To establish and maintain actively functioning organizing, education,
legislative-political, community services committees, and such other committees as may be
necessary to effectuate the policies of the Local, the Union and the District, State or
Area;
(f) To participate actively in the political and legislative processes on a city,
state, provincial and national level, with special regard to legislation affecting the
welfare of the members, and do all things reasonable and necessary to accelerate the
adoption of laws which may be beneficial and to encourage defeat or cause the repeal of
laws which may be detrimental to the workers;
(g) To respect picket lines of any Local of the Union engaged in a strike authorized
and conducted in accordance with this Constitution;
(h) To provide for the bonding of Local Officers and other persons who handle Union
funds and property;
(i) To hold Local meetings at such time, place and frequency as the members may decide
by vote;
(j) To hold Local elections by secret ballot with provision of reasonable opportunity
for all members to vote in accordance with the Bylaws or Rules established by the Local
and this Constitution;
(k) To elect by secret ballot delegates and alternate delegates to the Union Convention
as provided in this Constitution and to designate the Chair of such delegation;
(l) To establish a quorum and other rules of conduct of Local meetings;
(m) To maintain adequate files and records and have made an annual audit of the
financial records of the Local by competent persons; make available Local financial
statements to the membership at least annually; furnish to the Union's Secretary-Treasurer
in acceptable form, an annual financial statement;
(n) To furnish the Vice President and Secretary-Treasurer of the Union with copies of
Bylaws and Rules of the Local and copies of revisions as they may be made;
(o) To require participation of all Local officers and stewards in appropriate training
schools and programs;
(p) To establish a program designed to keep rank and file members informed of Union
activities;
(q) To process grievances through the step below the top level of the grievance
procedure preceding arbitration, where applicable;
(r) To represent the members of the Local at all District, State or Area Meetings, and
at quarterly meetings of Local Representatives with their International Staff, at such
times and places as may be set by the Vice President, or the Vice President's accredited
representative;
(s) To maintain an active internal membership development program;
(t) To maintain an active organizing program and budget monies to support the Local's
efforts as well as assisting the Union in reaching a goal of 10% of resources to be spent
on growth.
(u) To do all other things necessary for the proper disposition of matters which may
come before the Local for consideration.
Section 10-Contract Responsibility
No Local shall be authorized to make contracts or incur liabilities for the Union.
Section 11-Assets
All assets of a Local shall be considered a trust fund of the Union to be held and
administered by the Local for the members of the Union belonging to the Local so long as
the Local remains a chartered Local of the Union. If the Charter of a Local is revoked,
its assets will become the property of the Local succeeding to the jurisdiction. If there
is no succeeding Local, the assets shall become the property of the Union.
Section 12-Prohibition Against Incorporation
No Local shall be or become incorporated under the laws of any state, territory or
country unless otherwise required by law.
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