Constitution
Communications Workers of America
As Amended August 2000
Article I-Name
This organization, hereinafter referred to as the Union,
shall be known as the Communications Workers of America and shall be identified
by the initials CWA.
Article
II-Jurisdiction
The Union shall have jurisdiction of all
communications work and of the persons engaged therein. The Union shall also
include those workers who wish to become part of the Union regardless of their
field of endeavor. There shall be no geographical limitation on the jurisdiction
of the Union.
Article
III-Objects
The
objects of the Union shall be:
(a) To unite the workers within its jurisdiction in a single
cohesive labor union for the purpose of collective effort;
(b) To improve the conditions of the workers with respect to
wages, hours, working conditions and other conditions of employment;
(c) To disseminate information among the workers respecting
economic, social, political and other matters affecting their lives and welfare;
(d) To advance the interests of the workers by advocating the
enactment of laws beneficial to them and the defeat or repeal of laws
detrimental to them;
(e) To do all things which may be necessary or proper to
secure for the workers the enjoyment of their natural rights.
Article
IV-Organizational Structure
The structure of the organization shall consist of the
following, all hereinafter described:
1. The Convention;
2. The Executive Board;
3. District;
4. Chartered Locals.
Article
V-Membership
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.
Article
VI-Dues, Fines and Assessments
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 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.
Article
VII-Governing Authority
Section 1
The affairs of the Union shall be governed by its
membership in the following manner:
(a) By the Convention as the highest governing authority of
the Union, subject to the right of referendum of the membership;
(b) By the Executive Board exercising the authority of the
Convention between Conventions, in accordance with the Constitution and the
mandates of the Convention, subject to the right of appeal to the Convention,
the referendum and the recall. Except as provided in Article XIII, Section 6,
the decisions of the Executive Board must be complied with before the right to
appeal can be exercised and such decisions shall remain in effect until reversed
or modified;
(c) By the President as the principal executive officer of
the Union, who shall have the authority to carry out the policies of the Union
in accordance with the Constitution and the mandates of the Convention and the
Executive Board, subject to the right of appeal to the Convention, the
referendum and the recall;
(d) By the Locals of the Union conducting their affairs in
accordance with this Constitution and Local Bylaws and Rules which they may
adopt so long as they do not contravene any provision of this Constitution.
Article
VIII-Conventions
Section 1- Annual Conventions
The Union shall meet in Annual Convention at a place selected
by the Executive Board or the Secretary-Treasurer when authorized by the
Executive Board to do so.
Section 2- Special Conventions
(a) Special Conventions may be called by the Executive Board
and shall be called upon the request of twenty percent (20%) of the Locals
representing twenty percent (20%) of the membership of the Union.
(b) The date and place of Special Conventions shall be
specified on the calls thereof.
(c) Action of a Special Convention shall be confined to the
matters for which it was called.
Section 3-Convention Call
(a) Annual Convention
The Secretary-Treasurer of the Union shall notify in writing
all Locals of the date and place of the Annual Convention not later than ninety
(90) days in advance of the opening date of the Convention.
(b) Special Conventions
The Secretary-Treasurer of the Union, within twenty (20) days
following the receipt by the Secretary-Treasurer of a sufficient request or
direction for a Special Convention, shall issue a call for a Special Convention
to be held not later than thirty (30) days after the date of the call.
Section 4-Composition of Convention
(a) Subject to the provisions of Section 12 of this Article,
the Convention shall be comprised of the incumbent officers and Executive Board
members of the Union and of delegates elected by the Locals in accordance with
their respective Bylaws or Rules. Each Local shall be entitled to:
(1) One delegate if the Local has less than two hundred (200)
members in good standing;
(2) Two delegates if the Local has two hundred (200) or more
but less than four hundred (400) members in good standing;
(3) Three delegates if the Local has four hundred (400) but
less than six hundred (600) members in good standing;
(4) One additional delegate for each four hundred (400)
members or major fraction thereof above six hundred (600) members.
(b) Locals shall elect their delegates in accordance with
paragraph (a) on the basis of the average number of members on which dues were
paid or collected by the International for the twelve (12) months ending the
fifth month preceding that in which the Convention begins its session. Locals
chartered less than twelve (12) months preceding the fifth month shall each be
averaged according to the number of months chartered. Locals chartered after the
fifth month preceding the Convention shall be allowed to elect delegates in
accordance with this Section on the number of members in the Local at the time
it was chartered; provided, however, that duplicate representation because of
shift in membership from one Local to another shall not be allowed.
(c) Each Local may elect an alternate delegate for each
delegate elected who shall attend the Convention in the event the delegate is
unable to attend.
(d) Each Local shall determine the number of its delegates. A
Local delegation, however, shall not exceed the maximum number as provided in
paragraph (a) of this Section. Each Local shall assign the number of votes to
which it is entitled equally among its delegates, except as provided in Section
5. The number of votes which may be left over after such equal division shall be
assigned to the Chair of the delegation of the Local.
Section 5-Method of Voting
(a) A Local delegate shall have one vote in the Convention,
District Meeting, a meeting of a bargaining unit, a national unit or sector,
except on a roll call vote.
(b) A roll call vote of the Convention, a District Meeting, a
meeting of a bargaining unit or a sector may be had upon the request of twenty
percent (20%) of the delegates.
(c) Voting by roll call shall be by per capita vote with each
delegate casting the number of votes assigned to the delegate by the delegate's
Local and approved by the Credentials Committee and the Convention. A Local may
designate one or more of its delegation to attend a District Meeting, a meeting
of a bargaining unit, a national unit meeting, or a sector meeting in accordance
with its Local bylaws and the voting strength shall be equally divided among the
delegates so designated. On roll call votes, a delegate shall cast one vote for
each member in good standing as assigned to the delegate by the delegate's Local
and approved by the Credentials Committee and the Convention.
Section 6-Certification of Delegates
Each Local shall certify to the Secretary-Treasurer of the
Union, not less than five (5) days prior to the opening of an Annual or Special
Convention, on credential forms provided by the Union, the names, addresses and
voting strength of its delegates and alternates, if any, and the name of the
Chair of its delegation.
Section 7-Powers of Convention
The Convention shall have the power to:
(a) Pass upon the credentials and seating of delegates;
(b) Establish the policies to be followed by the Union;
(c) Interpret and amend this Constitution;
(d) Establish the number of Locals and Districts, and
determine their jurisdiction and boundaries;
(e) Cause the issuance and revocation of Local Charters
subject to the provisions of Article XIII, Section 5;
(f) Determine the number of Executive Vice Presidents;
(g) Cause the selection of delegates to AFL-CIO and CLC
Conventions;
(h) Do all things necessary for the proper disposition of any
matter which may come before it for consideration.
Section 8-Order of Business
The Order of Business at a Convention shall be as follows:
1. Call to Order;
2. Report on Credentials;
3. Reading of Convention Rules;
4. Reports of Officers and Executive Board of the Union;
5. Report of Committees;
6. Unfinished Business;
7. Nomination and Election of Officers;
8. Installation of Officers;
9. New Business;
10. Adjournment.
The order of business may be suspended by a two- thirds (2/3)
vote of the delegates present.
Section 9-Committees of Convention
The Executive Board shall have the authority to appoint those
committees which are not required by this Constitution or the Convention to be
elected; and which may be necessary to promote and achieve the objectives of the
Convention and the Union.
Section 10-Expenses of Convention
The Union shall pay the normal and usual expenses incident to
the meetings of the Convention together with the expenses of the Executive Board
and of those other members or agents whose attendance at the Convention may be
required by the Executive Board. The Locals shall pay the expenses of their
respective delegates.
Section 11-Attendance, Individual Members
Any member of the Union in good standing may attend the
general meetings of the Convention as an observer.
Section 12-Officers at Conventions
Officers of the Union and Executive Board members shall not
be selected as delegates to the Convention. They shall have the privilege of
speaking on the Convention floor but shall not have the right to vote.
Section 13-Convention Rules and Procedures
The Convention shall be governed by the CWA Constitution,
Rules adopted by the 10th Annual Convention, and amendments to the Rules which
may be adopted by future conventions. In situations where neither the CWA
Constitution nor Rules adopted by the Convention are applicable, the Convention
shall be governed by Robert's Rules of Order.
Article
IX-Executive Board
Section 1
The Executive Board of the Union shall consist of the
following:
(a) The President;
(b) The Executive Vice President;
(c) The Secretary-Treasurer;
(d) The Vice Presidents (District, Communications and
Technologies, Telecommunications, Public Workers, CWA Sector, TNG-CWA Sector,
and NABET-CWA Sector).
Section 2
(a) Except in the case of the President, if a vacancy should
occur among the members of the Executive Board, the Executive Board shall
designate a successor, having the same constitutional qualifications as the
member whose place the person takes and that person shall serve until the next
regular Convention, at which time a successor shall be elected for the balance
of the unexpired term, if any.
(b) If the office of President becomes vacant, the Executive
Board shall designate a successor from among the Executive Board, who shall
serve until the next regular Convention at which a successor shall be elected
for the balance of the unexpired term, if any.
(c) The President shall vote in Executive Board Meetings only
in the event of a tie vote.
(d) The successors elected to fill the vacancies in the
offices of President, of Secretary-Treasurer, and of Executive Vice President,
at the 1985 Annual Convention only, shall be elected for a term of office
extending to the regular elections to be held at the 1989 Annual Convention.
Section 3
The Executive Board shall meet not less than two (2) times a
year. In the event the President shall refuse to call a meeting of the Executive
Board when requested to do so by one-third (1/3) of its members, the
Secretary-Treasurer of the Union shall call such a meeting.
Section 4
The Executive Board shall have the authority to:
(a) Issue Local Charters;
(b) Remove any officer of a Local only on clear proof of
fraud or dishonesty after sworn charges have been made and after a fair trial
and opportunity for appeal as provided in this Constitution;
(c) Terminate the service of full-time representatives other
than elected representatives of the Union. Such persons dismissed shall have the
right to be heard by the Executive Board and a final appeal to the Convention;
(d) Have an independent audit made of the books of the
Secretary-Treasurer of the Union not less than once each year and to publish to
the membership the results of such audit;
(e) Cause an inspection to be made of the financial records
of any Local and order an independent audit of the books of any Local when
convinced that such audit is necessary and proper to protect the membership of
the particular Local and the interest of the Union and to publish to the members
affected the results of such audit; the cost of such audit to be borne by the
Union;
(f) Establish and maintain organizing, publicity, educational
and research departments and to establish and maintain such other departments as
the Convention may authorize to promote the purposes of the Union. In no such
case shall less than ten percent (10%) of the overall annual budget of the
National Union be dedicated to organizing, effective July 1, 1997.
(g) Approve the employment of personnel not elected which may
be necessary to carry out the objectives and to effectuate the policies of the
Union and to fix the compensation of such personnel within the limitations of
the budget approved by the Convention;
(h) Approve strikes called by a Local or Locals and render
financial and other assistance in connection therewith as hereinafter more fully
set forth;
(i) Call for strikes in the manner specified in this
Constitution;
(j) Call a meeting of any Local or its governing board, in
which meeting the Executive Board or its representatives may participate, when
the Local has been requested to call such a meeting and has refused or failed to
do so. The Executive Board may take this action only under one or more of the
following conditions:
(1) When so directed by the Convention;
(2) When the Executive Board has received written charges
that the Officers of a Local are withholding from their members information
necessary for the effectuation of current policy or the achieving of important
objectives of the Union;
(3) When a Local is pursuing a course of action which, if
continued, would warrant its expulsion or the appointment of a temporary
administrator as provided in Article XIII.
(k) The Executive Board shall interpret this Constitution,
except as it may have been interpreted by the Convention, subject to referendum;
(l) The Executive Board may order the repeal of any Bylaw or
Rule of a Local inconsistent with this Constitution. The affected Local may
appeal to the Convention. However, the order of the Executive Board shall be
effective pending such appeal.
Section 5
The Executive Board shall have authority to establish and
dissolve organizing committees upon such terms and conditions as may be deemed
for the best interest of the Union. Such organizing committees may be granted
all of the rights and privileges of Locals under this Constitution. No
organizing committee shall be granted jurisdiction which conflicts with that of
any chartered Local of the Union.
Section 6
The Executive Board shall have authority to provide for the
affiliation of any labor organization with such rights and privileges and under
such terms and conditions as may be acceptable to the Executive Board, subject
to the right of appeal to the Convention. The rights, privileges, terms and
conditions of affiliation shall not be required to be uniform for such
affiliated labor organizations.
Section 7-Appeal Procedure
The Executive Board of the Union shall establish reasonable
appeal procedures within the structure of the Union to review complaints of
members which allege violation of the Constitution, Local Bylaws or the rights
and privileges of members.
Article
X-Executive Committee
There shall be an Executive Committee of the Union consisting
of the President, the Executive Vice President and the Secretary-Treasurer who
shall have such administrative powers, duties and authorities as may be assigned
by the Convention or the Executive Board.
Article
XI-Districts
Section 1
The Districts established under this Constitution shall be
administrative units of the Union.
Section 2
(a) Delegates representing the Locals within each District
shall meet at least once every three years in conjunction with the Union
Convention for the purpose of electing a Vice President.
(b) Representatives of Locals within each District shall meet
at least twice in each calendar year at the call of the Vice President. One of
these meetings shall be in conjunction with the Convention.
(c) In addition, the Vice President shall call meetings of
representatives of the Locals in particular states or other appropriate
geographical areas within the District not less than once in each calendar year.
Section 3
District, State and Area meetings shall be conducted by the
respective Vice Presidents or their authorized representatives. Attendance of
Locals at such meetings shall be required.
Section 4
Representation at District meetings held in conjunction with
Conventions shall be determined in accordance with the credentials approved by
the Convention. Voting strength of representatives to other District, State and
Area meetings shall be determined in accordance with the credentials approved by
the most recent Convention.
Section 5
No Local shall have representation in more than one District.
A Local whose jurisdiction crosses District lines shall be assigned to the
District in which it maintains its Local headquarters.
Section 6
Expenses incidental to District, State and Area meetings
shall be borne by the Union. Expenses of Local delegates to District, State or
Area meetings shall be borne by the Locals.
Section 7
District, State and Area meetings shall review total Union
programs established by the Convention or Executive Board, discuss matters of
common interest and concern, and shall have the authority to initiate and
approve programs and policies not in conflict with the programs and policies
established by higher policy making levels within the Union, for implementation
only within that District, State or Area. Dues and assessments, however, may be
established and levied only by the Convention and Locals as provided in Article
VI of this Constitution.
Article
XII-Officers and Their Duties
Section 1-The President
(a) The President, as the principal executive officer of the
Union, shall have full authority to execute the policies of the Union as
established under this Constitution. Should the President find that the policy
of the Union has not been clearly formulated, the President shall poll the
members of the Executive Board and the affirmative opinion of a majority of the
Board shall have the force and effect of a decision reached in a meeting of the
Executive Board and the results of the poll shall be entered in the minutes of
the next meeting of the Board.
(b) The President shall preside over the Convention and
meetings of the Executive Board and Executive Committee of the Union.
(c) The President shall call regular and special meetings of
the Executive Board as required by the Constitution.
(d) The President shall be the official spokesperson for the
Union in all its external relations and may authorize counsel or other agents of
the Union to speak for the Union in the President's place and stead.
(e) The President shall recommend to the Executive Board the
employment of such personnel as may be required in the President's opinion to
effectuate the programs of the Union.
(f) The President shall hold no other office in the Union and
shall not be engaged in any other employment. The President shall receive the
annual salary established for the office by the Convention, payable in twelve
(12) equal monthly installments.
Section 2-The Executive Vice President
(a) The Executive Vice President shall act under the
direction of the President and shall perform such duties as may be assigned by
the President or the Executive Board.
(b) The Executive Vice President shall hold no other office
in the Union and shall not be engaged in any other employment. The Executive
Vice President shall receive the annual salary established for the office by the
Convention, payable in twelve (12) equal monthly installments.
Section 3-The Secretary-Treasurer
The Secretary-Treasurer shall act under the direction of the
President and the Executive Board and shall:
(a) Attend all meetings of the Convention, the Executive
Board and the Executive Committee and shall cause a faithful record to be made
of the proceedings;
(b) Keep all contracts, books, records, monies, securities
and all other property of the Union not otherwise given by this Constitution to
someone else;
(c) Have the custody of the Union Seal and cause it to be
impressed upon such documents as the Executive Board of the Union shall direct;
(d) Supervise the maintenance of such membership lists as may
be required by the International and shall cause the collection of per capita
dues, initiation fees, assessments and all other monies due to the Union;
(e) Cause the President of a Local to be notified whenever
such Local becomes delinquent for a period of thirty (30) days in the payment of
any financial obligation to the Union;
(f) Cause the funds belonging to the Union to be deposited in
a bank or banks approved by the Executive Board of the Union;
(g) Cause the payment of proper bills and expenses of the
Union, when evidenced by satisfactory statements or vouchers, by checks
countersigned by the President or by such other persons who may be thereunto
authorized by the Executive Board of the Union;
(h) Invest the funds of the Union as instructed by the
Convention or by the Executive Board in the absence of such instructions by the
Convention;
(i) Prepare, publish and distribute to the Executive Board a
quarterly financial statement which shall list the total assets, liabilities,
receipts and disbursements of the Union;
(j) Make loans to locals when authorized by the Executive
Board of the Union and when secured by promissory note or other evidence of
obligation therefore drawn and signed by the Officers of the borrowing Local;
(k) Cooperate with the auditor in the annual audit of the
Secretary-Treasurer's books and such other audits as may be directed by the
Executive Board;
(l) Give bond in an amount to be determined by the Executive
Board for the faithful performance of the trust in the Secretary-Treasurer
reposed, the cost thereof to be borne by the Union;
(m) Turn over all funds, books, records and all other
documents and property of the Union in the Secretary-Treasurer's custody to the
Secretary-Treasurer's successor in office;
(n) Perform all duties imposed upon the Secretary-Treasurer
by this Constitution and such other duties as shall from time-to-time be
assigned to the Secretary-Treasurer by the Convention, the President or the
Executive Board;
(o) The Secretary-Treasurer shall hold no other office in the
Union and shall not be engaged in any other employment. The Secretary-Treasurer
shall receive the annual salary established by the Convention for the office,
payable in twelve (12) equal monthly installments.
Section 4-Vice Presidents-District, Communications and
Technologies, Telecommunications, Public Workers and CWA Sectors
The Vice President shall:
(a) Act under the direction of the President and perform such
duties as may be assigned by the President or the Executive Board;
(b) Recommend to the President the employment of such
personnel as may be required;
(c) Recommend to the President that services of such
personnel as may be assigned to the Vice President be terminated for cause;
(d) Supervise full-time and part-time personnel as may be
assigned to the Vice President and employ and terminate the employment of
clerical forces subject to the limitations of the budget;
(e) Preside at meetings;
(f) Hold no other office in the Union and shall not be
engaged in any other employment. The Vice President shall receive the annual
salary established for the office of the Vice President by the Convention,
payable in twelve (12) equal monthly installments.
Section 5-Vice Presidents-District, Communications and
Technologies, and Telecommunications shall:
(a) Appoint members of the bargaining committees in
bargaining units to fill vacancies that may occur and that are not otherwise
filled; and to appoint bargaining committees for bargaining units who have
failed to select bargaining committees under the provisions of this
Constitution;
(b) Supervise the negotiations of contracts and approve or
authorize the approval of such contracts in accordance with Executive Board
direction;
(c) Designate when necessary one or more Union
representatives to assist in the negotiation of each contract negotiated;
(d) Designate when necessary one or more Union
representatives to process grievances above the Local level.
Section 6-Telecommunications Vice President
Beginning with the 1986 Annual Convention there shall be
elected a Telecommunications Vice President for those bargaining units of
Telecommunications employees of other than AT&T, Bell Regional Holding Companies
and their subsidiaries and affiliates. The Telecommunications Vice President
shall be responsible under the direction of the Executive Board for coordinating
matters of common concern and interest with respect to contracts, wages, hours
of employment and other working conditions within the units.
The Telecommunications Vice President shall be responsible
for bargaining in those bargaining units which are system-wide or national in
scope as determined by the Executive Board.
Section 7-Public Workers Vice President
Beginning with the 1986 Annual Convention there shall be
elected a Public Workers Vice President who shall be responsible under the
direction of the Executive Board for coordinating matters of common concern and
interest with respect to contracts, wages, hours of employment and other working
conditions within the units of public workers.
Section 8-CWA Sector Vice President
The President of the Printing, Publishing and Media Sector of
CWA shall also be the CWA Sector Vice President who shall be responsible under
the direction of the Executive Board for coordinating matters of common concern
and interest with respect to contracts, wages, hours of employment and other
working conditions with the units of the Sector.
Section 9-TNG-CWA Sector Vice President
Effective immediately after the TNG Convention in 1997, the
President of the TNG shall also be the TNG-CWA Sector Vice President who shall
be responsible under the direction of the Executive Board for coordinating
matters of common concern and interest with respect to contracts, wages and
hours of employment and other working conditions with the units of the TNG-CWA
Sector.
Section 10-NABET-CWA Sector Vice President
The President of the National Association of Broadcast
Employees and Technicians, the Broadcasting and Cable Television Workers Sector
of the Communications Workers of America, AFL-CIO (NABET-CWA) shall also be the
NABET-CWA Sector Vice President who shall be responsible under the direction of
the Executive Board for coordinating matters of common concern and interest with
respect to contracts, wages, hours of employment and other working conditions
with the units of the NABET-CWA Sector.
Article
XIII-Locals
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.
Article
XIV-Councils
Section 1-State and City Councils
(a) State Councils may be established under the direction of
the Vice President(s) in all states where the Union has a significant presence
as determined by the Executive Board.
(b) In cities where there is more than one chartered Local,
Councils may be established under the direction of the Vice President of the
geographical District.
Section 2
Each Council shall consist of representatives of Locals
within the state or areas of the respective Council.
Section 3
Councils shall operate under rules they may adopt which are
approved by the Vice President(s).
Section 4
Councils shall be financed by participating Locals.
Article
XV-Elections
Section 1-Union Officers
The President, Executive Vice President and
Secretary-Treasurer of the Union shall be elected separately by secret ballot of
the delegates to the Convention following nominations made from the floor of the
Convention. Beginning with the election of 1996 the term of office shall be
three years or until their successors have been duly elected and qualified,
except for the term of office of an Executive Vice President added by the
Convention during a non-election year, such term of office shall expire at the
same time as the terms of office of the other officers. For the 1992 Convention
the Officers' term shall be extended for one year to the regular elections held
at the 1996 Convention.
Section 2 - Vice Presidents
(a) District Vice Presidents shall be elected by a secret
ballot, after nominations from the floor, at a meeting of delegates from the
District. The Communications and Technologies Vice President, the
Telecommunications Vice President and the Public Workers Vice President shall be
elected by secret ballot, after nominations from the floor at meetings of
delegates representing members of AT&T bargaining units, affected
telecommunications bargaining units and public workers units respectively.
(b) The duly elected President of the Printing, Publishing
and Media Workers Sector of CWA shall be the CWA Sector Vice President and shall
be elected in accordance with the Sector Bylaws and the CWA Constitution. The
duly elected President of the TNG-CWA Sector shall be the TNG-CWA Sector Vice
President and shall be elected in accordance with the CWA Constitution and the
merger agreement. The duly elected NABET-CWA President shall be the NABET-CWA
Sector Vice President and shall be elected by delegates representing NABET-CWA
members in accordance with the CWA Constitution and NABET-CWA Sector Bylaws.
(b) The term of office of Vice President shall be three years
as of 1996 or until their successors have been duly elected and qualified except
for the election of 1992 which shall be extended one year to the regular
elections at the 1996 Convention.
(c) In the event a vacancy occurs in the Office of Vice
President for any reason, an election shall be held at the next regular
Convention for the purpose of electing a Vice President to fill the unexpired
term except that a vacancy in the Office of the CWA Sector Vice President shall
be filled in accordance with the Sector Bylaws.
Section 3-Local Officers
(a) Local Officers shall be nominated and elected during the
months of September, October, November and December.
(b) Officers of a Local shall be at least President, Vice
President, and Secretary-Treasurer or Secretary and Treasurer. Beginning with
Local elections in 1987, no member shall be permitted to hold more than one such
office.
(c) Beginning with the elections held in 1972, the term of
office for Local Officers shall be three years or until their successors have
been duly elected and qualified.
(d) In case of a vacancy in the office of Local President,
the Local Vice President shall immediately assume all responsibilities of that
office; provided, however, that where a Local has more than one Vice President,
the Local Bylaws or Rules shall provide the procedure for designating one of the
Vice Presidents to immediately assume the responsibilities of the Office of
President. Vacancies in other Local offices shall be filled either by
appointment of the governing body of the Local, subject to approval of the
appointment by the Local membership within sixty (60) days or by election in the
same manner as that required for regular elections and within sixty (60) days. A
Local may provide in its Bylaws or Rules for the appointment of a member to fill
temporarily a vacancy until the office is filled by election. A Local may also
provide in its Bylaws or Rules for filling a vacancy in the Office of President
by election, and in such case, the Local Vice President, as provided above,
shall assume all responsibilities of the Office of Local President until a
successor Local President has been elected and qualified.
Section 4-General Provisions
(a) Locals shall adopt Bylaws or Rules to govern the
nomination and election of officers, members of a governing body, delegates and
alternate delegates; the appointment, selection or election of stewards and
committee members; and the filling of vacancies. Locals shall select an election
committee which shall conduct all elections and referenda in accordance with the
Constitution, Local Bylaws or Rules, and Federal or Provincial Law. All
questions concerning the conduct and challenge of elections shall be determined
by the election committee subject to the right of appeal to the governing body
and membership of the Local. The election committee shall tally the ballots in
all elections and notify the membership of its tentative certification of the
results. Absent a challenge to the election, the tentative certification shall
become final ten days thereafter.
(b) Any challenge to the conduct of an election must be filed
in writing with the election committee within 10 days of the tentative
certification of the results. The election committee shall rule on any such
challenges and shall within 20 days of the tentative certification of the
results make a final determination or certification. Such determination or
certification shall be subject to the right of appeal to the governing body and
to the membership of the Local. Any appellant must exhaust the remedies
available within this section. If the appellant has attempted to exhaust such
remedies without obtaining a final decision within 60 days of the tentative
certification of the results, the appellant shall have the right to file an
appeal in writing with the appropriate geographical Vice President. Such an
appeal shall be filed within 70 days of the tentative certification of the
results.
(c) While a challenge to an election is pending, the officers
certified by the election committee in its final determination shall be the
elected officers of the Local. Those officers shall remain in office unless the
election committee's determination is reversed by the Executive Board of the
Union or a new determination is made pursuant to the results of a properly
ordered rerun election.
(d) Only members of the Union in good standing shall be
eligible to vote or hold elective office. No elected officer of the Union or of
a Local shall take office unless the elected officer is eligible under the
Constitution and Federal or Provincial Law.
(e) The election by Locals of officers, members of a
governing body, and delegates and alternate delegates to the Union Convention
shall be by secret ballot among the members in good standing. The nominee in any
election receiving a majority of the votes cast shall be declared elected;
provided, however, that Locals may provide in their Bylaws or Rules for the
election of candidates by a plurality of the votes cast in any election, other
than an election of Local President, Vice President, Secretary, Treasurer and
Secretary-Treasurer.
(f) In the case of elections requiring a majority vote, if no
one nominee receives a majority on the first ballot, a run-off election shall be
conducted and the two nominees receiving the greatest number of votes on the
first ballot shall be the nominees on the second ballot. If no one nominee
receives a majority on the first ballot and there is a tie for second place, a
run-off election shall be conducted and the person receiving the greatest number
of votes on the first ballot and the two persons who tied for second place shall
be the nominees on the second ballot.
(g) In the case of elections requiring a plurality vote, if a
tie renders the election indecisive for any position, a run-off election shall
be conducted and the nominees who tied for such position on the first ballot
shall be the nominees on the second ballot.
Section 5-Order of Nomination and Election of Officers
of the Union
The sequence of nomination and election of Union Officers
shall be as follows:
(a) President;
(b) Executive Vice Presidents;
(c) Secretary-Treasurer;
(d) Vice Presidents.
Article
XVI-Committees
Section 1-Regular Committees
The Regular Committees of the Union shall be:
(a) Constitution Committee;
(b) Credentials Committee;
(c) Resolutions Committee;
(d) Legislative-Political Committee;
(e) Building Committee;
(f) Finance Committee;
(g) Committee on Equity;
(h) Women's Activities Committee.
Section 2-Constitution Committee
The Constitution Committee shall be appointed by the
President and approved by the Executive Board. It shall consist of five members
and be charged with the duty of considering and reporting to the Convention and
to the Executive Board on proposals to change this Constitution.
Section 3-Credentials Committee
The Credentials Committee shall consist of not less than
seven members appointed by the President and approved by the Executive Board. It
shall meet prior to the opening date of each Convention for the purpose of
examining the credentials of delegates and reporting thereon to the Convention.
Action taken by the Convention on reports and recommendations of the Credentials
Committee shall be final and conclusive.
Section 4-Resolutions Committee
The Resolutions Committee shall consist of not more than
seven members, none of whom shall be full-time employees of the Union or members
of the Executive Board, appointed by the President and approved by the Executive
Board. It shall meet prior to the opening date of the Convention for the purpose
of giving consideration to the form and substance of proposed resolutions
submitted through the Locals and by members for action by the Convention. The
Committee may also originate resolutions for submission to the Convention. The
Committee shall serve throughout the Convention.
Section 5-Legislative-Political Committee
The Legislative-Political Committee shall consist of such
members as may be appointed by the President and approved by the Executive
Board. It shall execute such assignments with regard to legislation as the
Executive Board or the Convention may direct.
Section 6-Building Committee
The Building Committee shall be appointed by the President
and confirmed by the Executive Board. It shall be composed of five members. The
Building Committee shall manage and control, under the direction of the
Executive Board and subject to the functions of the Secretary-Treasurer with
respect to the making of disbursements connected therewith, any and all real
estate which the Union may acquire for use as International or District
headquarters or for the furtherance of any legitimate objectives of the Union.
The members of the Building Committee for the time being, shall serve as
trustees for the Union, under the direction of its Executive Board, for the
purpose of acquiring and holding title to, managing, controlling, borrowing
money upon, pledging by way of mortgage or deed of trust any loan secured
thereon, leasing, letting, subletting and conveying in fee simple or in any
lesser estate any and all real estate which may be acquired or otherwise dealt
with for or on behalf of the Union. The foregoing powers shall be exercised only
at such times and in such manners as the Executive Board may, from time to time,
direct by resolution passed by the Executive Board.
The Executive Board shall have the full and irrevocable power
to appoint a substitute trustee or trustees to be exercised at any time, from
time to time, without notice and without specifying any reason therefore, the
trustee or trustees so appointed to become fully vested with identically the
same title and estate in and to the land, premises and property forming the
subject matter of the trust, with all the rights, powers, trusts and duties of
the trustee or trustees or their predecessor in the trust, with like effect as
if originally named as one of the trustees.
Section 7-Finance Committee
The Finance Committee shall consist of five members, the
Secretary-Treasurer of the Union and four members appointed by the President and
approved by the Executive Board. The Secretary-Treasurer shall be the only
member of this Committee who is a full-time employee of the Union or a member of
the Executive Board and the Secretary-Treasurer shall not serve as Chair of the
Committee.
The Committee shall meet prior to the assembling of the
regular Convention at the call of its Chair and review the financial operations
of the Union for the year preceding the regular Convention including the audits
of the books of the Secretary-Treasurer.
The Committee shall make a report of its findings to the
Convention and make recommendations to the Convention including a budget for the
succeeding year's operations.
Section 8-Committee on Equity
The Committee on Equity shall consist of one member from each
CWA District appointed by the President and approved by the Executive Board. The
Committee shall meet at least once a year and prior to Convention to report to
the Convention on its activities and make recommendations.
Section 9-Women's Activities Committee
The Women's Activities committee shall consist of one member
from each District appointed by the President and approved by the Executive
Board. The Committee shall meet at least once a year and prior to Convention to
report to the Convention on its activities and make recommendations.
Section 10-Other Committees
The Convention, or the President with the approval of the
Executive Board, may appoint such other committees as may from time to time be
necessary.
Section 11-Vacancies on Committees
Except as otherwise required by this Constitution, whenever a
vacancy occurs on any Committee, the President, with the approval of the
Executive Board, may appoint a member to serve for the unexpired term of the
Committee.
Article
XVII-Collective Bargaining
Section 1-Bargaining Authority
(a) The Communications Workers of America shall be the
collective bargaining representative of the members of the Union.
(b) Collective bargaining within the established bargaining
unit or units shall be conducted under the direction of the Executive Board of
the International Union and all contracts or agreements entered into shall be in
the name of the International Union and bear the signature of approval of an
authorized agent or representative of the International Union.
(c) Subjects for negotiations through collective bargaining
may be initiated by representatives of the bargaining unit or units to be
affected but must be approved by the applicable Bargaining Council, the
Executive Board or its authorized representative before submission to any
employer. This paragraph shall not be construed to restrict the presentation and
submission of grievances through established channels of the administrative
organization of the Units and the International Union.
Section 2-Bargaining Councils
(a) The Convention or the Executive Board may establish
Bargaining Councils. Bargaining Councils will formulate bargaining programs and
agendas to apply to a single employer, associated employers or a number of
employers, but limited to those agendas and programs affecting bargaining units
represented on a Bargaining Council. The Executive Board shall be responsible
for the development of bargaining programs for those units or groups for which
Bargaining Councils have not been established.
(b) Bargaining Councils shall be composed of one
Representative from each Local having members in bargaining units of the
Bargaining Council, and they shall be certified to the President of the Union.
(c) At meetings of the Bargaining Council, Local
representatives shall vote by a show of hands except that upon the request of
twenty percent (20%) of the delegates the vote shall be per capita (based on the
number of members of the Local in bargaining units of the Bargaining Council).
All necessary expenses of the Local's Bargaining Council members shall be borne
by the Local. The officers of the Union and members of the Executive Board may
be appointed members of a Bargaining Council as determined by the Convention or
the Executive Board.
(d) Bargaining Councils shall meet at the call of the
President of the Union. The President may, with the approval of the Executive
Board, designate a person to work with the Bargaining Council, and the President
or the President's designee shall be the Chair of all Bargaining Council
meetings.
Section 3-Bargaining Committees
(a) The members of a bargaining unit, by popular vote,
through delegates representing them at a Convention, or by any other method
approved by the Executive Board, may select the members of a Bargaining
Committee for its unit to represent the members of the unit in contract
negotiations and determine their terms of office, subject to such financial and
numerical limitations as may be imposed by the International Union and such
other limitations as may be set out in this Constitution. The Bargaining
Committee for a unit, for its full term of office, shall be consulted in the
negotiation of all agreements entered into between the employer and the Union
that amends or augments the agreed upon contract.
(b) All methods used to select Bargaining Committees shall
assure fair representation for all segments of the bargaining unit. Disputes
over the method used shall be resolved by the Executive Board, subject to appeal
to the Convention, with the decision of the Board standing pending final appeal.
Section 4-Contract Ratification
Any contract entered into through collective bargaining, or
otherwise dealing with wages, hours, terms of employment or other conditions of
employment shall be subject to ratification by secret ballot of the members
affected if the delegates to an International Convention representing such
members, or representatives at a Bargaining Council meeting, or the members
themselves determine ratification to be desirable. Procedures for ratification
shall be established by each Bargaining Council, or by the Executive Board for
those contracts for which a Bargaining Council has not been established.
Article
XVIII-Strikes
Section I-Authorization
A Local or group of Locals shall strike as provided in this
Constitution. Approval of the Executive Board of the Union shall be obtained
before strike action may be taken.
Section 2-Notification
After a strike vote has been taken by a Local or groups of
Locals in a District and a strike is imminent, the Vice President shall notify
the President of the Union in writing.
Section 3-Executive Board Action
(a) The Executive Board of the Union shall be advised by the
President that a strike is imminent and shall immediately determine the action
to be taken;
(b) Within ten (10) days after such notice has been received,
the Executive Board of the Union shall determine whether strike action is
approved;
(c) In deciding whether to approve strike action, the
Executive Board of the Union shall consider all factors connected therewith. If
approved, the Executive Board of the Union shall assist therein and direct the
support to be given by the Union.
Section 4-Penalties for Unauthorized Strikes
(a) Any Local engaged in a strike which is called in
violation of this Constitution or without approval of the Executive Board of the
Union or the Convention may be denied financial, organizational or other
assistance from the Union or any portion thereof.
(b) When a Local continues to engage in a strike that is not
approved as provided in this Article or refuses or fails to terminate a strike
when so ordered by the Convention or by the Executive Board of the Union, the
Executive Board of the Union or the Convention may institute Charter revocation
proceedings in accordance with Article XIII of this Constitution with respect to
the offending Local.
Section 5-Convention Approval of Strike
A strike of a Local or group of Locals may be approved by the
Convention.
Section 6-Procedure for Local Strike Vote
In taking a strike vote Locals shall act in accordance with
the following minimum requirements:
(a) The Locals shall, upon reasonable notice, call a meeting
of its members, wherever feasible, and present the issue or issues involved in
the proposed strike;
(b) The members present at such meeting shall vote by secret
ballot on the question of whether or not a strike shall be called;
(c) Where meetings cannot, feasibly, be called, a secret
ballot shall be taken of the members, by mail or otherwise, on the question of
whether or not a strike shall be called;
(d) A majority of the members voting shall determine whether
or not a strike shall be called;
(e) Copies of notice of the result of strike vote shall be
sent to the Vice President and to the President of the Union.
Section 7-Local Strike Assistance
When Locals, not directly involved in the negotiations, the
breakdown of which has caused or is about to cause a strike, desire to aid the
striking Local or Locals by strike action, they shall first notify the Vice
President and President of the Union of such desire, and, if they receive
approval by the Convention or the Executive Board, they shall proceed according
to the provisions of Section 6 of this Article.
Section 8-Termination of Local Strikes within a
District
(a) A Local or Locals engaging in a Local strike may
terminate such strike in accordance with Local Bylaws and Rules and approval of
the Vice President.
(b) The Convention or Executive Board may terminate such
strike by majority affirmative vote.
Section 9-General, Inter-District or Intra-District
Strike
A General, Inter-District or Intra-District strike of all
Local or Locals in more than one District may be called following:
(1) Authorization by a majority of the Union members affected
who vote on the question, by secret ballot, at special meetings or by mail
ballot in those Locals where Local meetings are not feasible.
(2) Authorization by a majority of the Union members affected
who vote on the question in a referendum conducted by the Union.
Section 10-Conduct and Termination of a General or
Inter-District Strike
(a) Such strikes shall be conducted under the supervision of
the Union and may be terminated by the Convention or Executive Board.
(b) The Convention or the Executive Board may terminate such
strike by majority affirmative vote.
Article XlX-Charges
Against Members
Section l-Specifications of Offenses-Locals
Members may be fined, suspended and/or expelled by Locals in
the manner provided in the Constitution for any of the following acts:
(a) Making false material statements or withholding material
information when applying for membership;
(b) Willfully refusing to pay dues or assessments properly
established or fines properly imposed or other valid financial obligations to
the Union or Local;
(c) Willfully violating the Constitution of the Union, Local
Bylaws or Rules;
(d) Disobeying or willfully failing to comply with any lawful
decision or order of the Union or Local;
(e) Working without proper Union authorization, during the
period of a properly approved strike in or for an establishment which is being
struck by the Union or Local;
(f) Instigating or knowingly participating in an unauthorized
strike or slowdown;
(g) Willfully violating the adopted standards as to wages,
hours or working conditions;
(h) Misappropriating money or property of the Union or Local;
(i) For such other offenses, equally serious, which tend to
bring the Union or Local thereof into disrepute.
Section 2-Specifications of Offenses-Union
Members may be fined, suspended or expelled by trial courts
selected by the Executive Board of the Union in the manner provided in the
Constitution for any of the following acts:
(a) Willfully supporting or assisting any other labor
organization in connection with a claim of jurisdiction in conflict with the
jurisdiction of the Union;
(b) Willfully supporting or assisting any person, group of
persons, or organization in any act or activities for the purpose of seeking or
obtaining the replacement of the Union as collective bargaining representative.
Section 3-Suspension Pending Trial
An officer of the Union, member of the Executive Board, Local
officer or other elected official against whom charges have been filed for
conduct set forth in Paragraphs (a) and (b) of Section 2 of this Article may be
suspended from office by a two-thirds (2/3) vote of the Executive Board pending
final determination of the charges by a trial court or any appeal resulting from
such trial, where such suspension is determined by the Executive Board to be in
the best interest of the Union.
Section 4-Non-Immunity
No member of the Union shall be immune from penalty for
committing any of the offenses set forth in this Article by reason of the
position or office the member may hold in the Union or any Local thereof.
Article XX-Trials
and Appeals-General Membership and Officers of Locals
Section 1-Persons Subject to Trial
(a) Members of the Union, including Officers of Locals, shall
be tried for any of the offenses listed in Article XIX as provided herein;
(b) Officers of a Local may be removed or suspended from
office pursuant to Article IX, Section 4, Paragraph (b) as herein provided,
excepting that the Executive Board of the Union may conduct such trials after
notice to the Locals involved, on its own initiative in the event of inaction by
the Local. The procedure for such trial shall be in conformity with the
standards set forth in Sections 2, 3, and 4 of this Article.
Section 2-Charges
(a) Charges made against a member of the Union or an officer
of the Local shall be in writing, signed and sworn to by the accuser. Charges of
offenses described in Article XIX, Section 1, shall be filed with the recording
officer of the Local of which the accused is a member. In the event the accused
is such recording officer, the charges shall be filed with the President of the
Local. Should both the recording officer and the Local President be involved as
a charging party or as a party charged, the charges shall be filed with the
Secretary-Treasurer of the Union. All charges of offenses described in Article
XIX, Section 2, shall be filed with the Secretary-Treasurer of the Union. In the
event the accused is such Secretary-Treasurer, the charges shall be filed with
the President of the Union. Trial procedures for all charges filed with the
Secretary-Treasurer or the President of the Union shall be in conformance with
Section 3(b) of this Article.
(b) Charges must be submitted within sixty (60) days of the
time the accuser becomes aware of the alleged offense;
(c) Charges shall contain an allegation of the facts
constituting the offense with which the accused is charged and the approximate
date or dates said offense is alleged to have occurred.
Section 3-Trials
(a) The Bylaws or Rules of a Local shall specify the manner
in which an accused person shall be tried and must conform with the following
minimum standards:
(1) An unbiased court, composed of not less than three or
more than seven persons, who shall be members of the Local, not parties to the
proceeding, shall be selected by the governing body of the Local using a random
selection process. The court shall be bound to render a decision and impose a
penalty, if the accused be found guilty, without bias or prejudice, based on all
the evidence presented;
(2) A prosecutor, who is a member of the Local, but not an
accuser, shall be appointed by the governing body of the Local to assist the
accuser in the trial and presentation of evidence. If, after investigation, the
prosecutor is of the opinion that there is not probable cause to believe that a
violation punishable under this Article has been committed, the prosecutor shall
report the findings in writing to the governing body of the Local with a
recommendation that the charge not be prosecuted. Copies of the findings and
recommendations shall be delivered to the accuser and the accused. The
recommendation shall become final unless appealed by the accuser within thirty
(30) days after receipt using the procedures established pursuant to Article IX,
Section 7, of this Constitution.
(3) If the prosecutor determines that probable cause does
exist, the trial shall be held speedily with due notice to the accused;
(4) The accused shall have the right to select a member of
the Local as counsel, the right to produce witnesses and present documentary
evidence and to be heard on the accused's own behalf. The accused shall have the
opportunity to cross-examine witnesses;
(5) All witnesses shall testify under oath;
(6) A decision shall be reached and written notice of the
decision and penalty, if any, shall be given to the person charged within five
(5) days after the close of the trial. The requirement of such notice shall be
satisfied by personal service or certified mail receipt;
(7) A faithful and accurate record of the proceedings shall
be made;
(8) The Local may suspend the accused pending the final
decision on an appeal.
(b) Trials conducted by courts selected by the Executive
Board of the Union must conform with the following minimum standards:
(1) An unbiased court composed of three persons, who shall be
members of the Union not employed by the International Union as Staff personnel
and not parties to the proceeding, shall be selected by the Executive Board from
a Trial Panel composed of one elected member from each of the geographical
Districts by secret ballot, after nominations from the floor at the meeting of
the delegates from the District in conjunction with the Union Convention.
Beginning with the elections held in 1971, members of the Trial Panel shall
serve for three years or until their successors are elected and qualified. The
court shall be bound to render a decision and impose a penalty, if the accused
be found guilty, without bias or prejudice, based on all of the evidence
presented. In the case of trials based on offenses specified in Article XIX,
Section 2, a report shall be placed in the Union's official publication with the
name of the accused and decision of the court and the names of the Trial Panel;
(2) A prosecutor, who is a member of the Union, but not an
accuser, shall be appointed by the Executive Board of the Union to assist the
accuser in the trial and presentation of evidence, and such prosecutor shall
have the same authority and discretion granted to Local prosecutors under
Section 3 (a) (2) of this Article;
(3) The trial shall be held speedily, with due notice to the
accused, at a time and place determined by the trial court to be fair and
reasonable to the accused;
(4) The accused shall have the right to select a member of
the Union as counsel, the right to produce witnesses and present documentary
evidence and to be heard on the accused's own behalf. The accused shall have the
opportunity to cross-examine witnesses;
(5) All witnesses shall testify under oath;
(6) Notice of the decision and penalty, if any, shall be
given to the person charged within five (5) days after the close of the trial;
(7) A faithful and accurate record of the proceedings shall
be made;
(8) The Executive Board of the Union may suspend the accused
pending the final decision on an appeal.
Section 4-Appeals
(a) A member or officer of a Local upon being found guilty by
a Local court may appeal as provided in this Section:
(1) Have the right to refer the matter to a membership
meeting of the Local, within thirty (30) days after being found guilty by a
court, which may affirm or reverse the decision or reduce the penalty; provided
that where a Local membership meeting is held by sections, units or areas, the
appeal shall be to the governing body of the Local;
(2) Have the right to appeal from the final decision of the
Local to the Executive Board of the Union within thirty (30) days after such
final decision of the Local;
(3) The appeal to the Executive Board of the Union shall be
directed, in writing, to the Secretary-Treasurer of the Union, who shall obtain
the record of the case. The Executive Board shall review the case and affirm or
reverse the decision or reduce the penalty or return the case for a new trial;
(4) Have the right to appeal from the decision of the
Executive Board of the Union to the next Convention by giving a notice of appeal
in writing within thirty (30) days after the decision to the Secretary-Treasurer
of the Union. If the Executive Board has failed to render a decision within
thirty (30) days preceding the Convention, the accused may appeal directly to
the Convention which may affirm or reverse the decision or reduce the penalty.
(b) A member or officer of a Local upon being found guilty by
a court selected by the Executive Board of the Union shall have the right to
appeal as provided in this Section:
(1) Have the right to appeal from the decision of the trial
court to the Executive Board of the Union within thirty (30) days after the date
of the trial court's decision.
(2) Have the right to appeal from the decision of the
Executive Board of the Union to the next Convention by giving notice of appeal
in writing to the Secretary-Treasurer of the Union within thirty (30) days after
the decision. If the Executive Board has failed to render a decision within
thirty (30) days preceding the Convention, the accused may appeal directly to
the Convention which may affirm or reverse the decision or reduce the penalty.
(c) The thirty (30) day time limit provided in this section
for filing of appeals from decisions of trial courts may be extended at the
discretion of the body to which the appeal is being taken for an additional
period not to exceed thirty (30) days, upon showing of justification by the
party making the appeal.
Section 5-Determination of Appeal
Decisions on appeal shall be determined by majority vote.
Article
XXI-Recall Petition Against Persons Holding Elective Office in the Union
Section I-Petition for Recall of Union Officers and
Executive Board Members
A petition for recall of an officer of the Union or any
member of the Executive Board:
(1) May be preferred by one-third (1/3) of the full
membership of the Executive Board;
(2) May be preferred by twenty percent (20%) of Locals
representing twenty percent (20%) of the membership of the Union;
(3) May be preferred against a Vice President of a District
by twenty percent (20%) of the Locals representing twenty percent (20%) of the
membership within the District, and may be preferred against the Communications
and Technologies Vice President, Telecommunications Vice President, Public
Workers Vice President, CWA Sector Vice President and the TNG-CWA Sector Vice
President by twenty percent (20%) of the Locals representing twenty percent
(20%) of the membership of the units the affected Vice President represents;
(4) Shall be in writing and signed by the accusing member or
members or may be accompanied by attested copies of appropriate resolutions
adopted by a Local or Locals;
(5) Shall contain a description of the offense or offenses as
specified in Article XIX, Section 1, and the approximate date or dates thereof;
(6) Shall be submitted within sixty (60) days from the time
the accusing members became aware of the alleged offense or offenses;
(7) Shall be filed with the Secretary-Treasurer of the Union,
provided, however, that a Petition directed against the Secretary-Treasurer
shall be filed with the President.
Should the Secretary-Treasurer or the President receiving the
petition conclude that the offense or offenses described are too vague or
frivolous to warrant submission to a referendum, that determination shall be
presented in writing to the petitioners and to the accused. The determination
shall become final unless appealed by one or more of the petitioners within
thirty (30) days after receipt, using the procedures established pursuant to
Article IX, Section 7, of the Constitution.
Section 2-Recall Petition Against Local Officers
A petition for recall of an Officer of a Local:
(1) May be preferred by twenty percent (20%) of the
membership of a Local;
(2) Shall be in writing and signed by the accusing members;
(3) Shall contain the description of the offense or offenses
as specified in Article XIX, Section 1, and the approximate dates thereof;
(4) Shall be submitted within sixty (60) days from the time
the accusing members became aware of the alleged offense or offenses;
(5) Shall be filed with the recording officer of the Local,
provided, however, that a petition directed against the recording officer shall
be filed with the President of the Local. Should both the recording officer and
the President of the Local be involved as either accuser or accused the petition
shall be filed with the Local election committee;
(6) Should the officer or the election committee receiving
the petition determine that the offense or offenses described are too vague or
frivolous to warrant submission to a referendum, a report and recommendation to
that effect shall be presented in writing to the governing body of the Local.
Copies of the report and recommendation shall be served on all petitioners and
the accused. Unless reversed by the governing body or appealed by one or more of
the petitioners within thirty (30) days after receipt, the recommendation shall
become final. If appealed, the procedures of Article IX, Section 7, shall apply.
Section 3-Suspension Pending Determination
An Officer of the Union, Member of the Executive Board, or
Local Officer against whom a petition for recall has been filed for alleged
"misappropriating money or property of the Union or Local" may be suspended by a
majority vote of the Executive Board pending the determination of the recall
proceedings, and the Union shall cause a substitute to be appointed to serve in
the person's stead during the person's suspension.
Section 4-Recall Proceedings
The proceedings on a petition for recall shall be in
accordance with the provisions of Article XXII.
Article
XXII-Referendum and Recall
Section 1
The Convention or the Executive Board may order a referendum
with respect to any subject or policy within their jurisdiction or as otherwise
provided in this Constitution.
Section 2
The notice of referendum and requisite number of printed
ballots shall be forwarded to each Local by mail by the Secretary-Treasurer of
the Union. The notice of referendum and the ballots shall contain the
proposition to be voted upon and shall require a return within sixty (60) days
from the date of mailing to the Local.
Section 3
Upon receipt of the notice of referendum, each Local shall
conduct the referendum among its members and shall forward the results to the
Secretary-Treasurer of the Union by receipted registered mail.
Section 4
All referenda shall be by secret ballot. A majority of the
votes cast shall determine the referendum.
Section 5
A referendum shall also be ordered by the Executive Board of
the Union if twenty percent (20%) or more of the Locals representing twenty
percent (20%) or more of the members of the Union, shall certify in writing to
the Secretary-Treasurer of the Union their desire for a referendum on any
particular subject.
Section 6
Any officer or member of the Executive Board may be recalled
by two-thirds (2/3) of those voting at the Convention or in a general referendum
if two-thirds (2/3) of the votes cast in such a referendum favor recall.
Section 7
(a) A Vice President of a District may be recalled by the
Delegates from that District at an International Convention by two-thirds (2/3)
vote of those voting on the question, or by a referendum among the members of
the Union in the District if two-thirds (2/3) of the votes cast in such
referendum favor recall.
(b) The Communications and Technologies Vice President and
Telecommunications Vice President may be recalled by Delegates at an
International Convention, who represent the membership of their respective
bargaining units, by a two-thirds (2/3) vote of those voting on the question or
by a referendum among the members of the Union in the units the affected Vice
President represents, if two-thirds (2/3) of the votes cast in such referendum
favor recall.
(c) The Public Workers Vice President, the CWA Sector Vice
President, and the TNG-CWA Sector Vice President may be recalled by delegates at
an International Convention, who represent the membership of their respective
units, by a two-thirds (2/3) vote of those voting on the question, or by a
referendum among the members of the Union in the units the affected Vice
President represents, if two-thirds (2/3) of the votes cast in such referendum
favor recall.
Section 8
Local Officers shall be recalled by an affirmative vote of
two-thirds (2/3) of the members voting on the question in a referendum which
shall be conducted in accordance with Article XV, Section 4 (a), of the
Constitution.
Section 9
All recall votes of the membership must meet the procedural
requirements which apply to the election of officers.
Article
XXIII-Quorum
Section 1
A majority of the delegates to the Union Convention shall
constitute a quorum.
Section 2
A majority of its members shall constitute a quorum of the
Executive Board or any committee of the Union.
Section 3
A majority of the delegates within a District shall
constitute a quorum for District meetings held in conjunction with the Union
Convention.
Section 4
A majority of the delegates within a Bargaining Unit shall
constitute a quorum for Bargaining Unit meetings.
Section 5
A majority of the Locals required to be present within the
geographical area covered shall constitute a quorum at all other District, State
or Area Meetings.
Section 6
Each chartered Local shall provide in its Bylaws or Rules for
the quorum necessary to hold meetings of the Local.
Article
XXIV-Proxy Voting
There shall be no voting by proxy, except that a Local
composed of less than 200 members may assign its vote to a delegate from another
Local attending the Convention. No Local shall be allowed to vote more than one
such assignment.
Article
XXV-Gender
Words in this Constitution indicating the masculine gender
shall be deemed also to refer to the feminine gender.
Article
XXVI-Union Publication
The Union shall print, publish and distribute to its members
an official publication. Said publication shall be sent to all members and shall
contain matters pertaining to Union functions, policies and activities as well
as matters of labor and public interest generally.
Article
XXVII-Affiliation
The affiliation or disaffiliation of the Union with any other
labor organization shall be accomplished solely by referendum of the entire
membership.
Article
XXVIII-Amendments
Section 1
This Constitution may be amended by the Convention or by
referendum submitted to the members as provided in Article XXII.
Section 2
Any proposed amendment of this Constitution, submitted to the
Locals sixty (60) or more days in advance of the Convention, shall require a
majority vote of the approved delegates at the Convention to effectuate such
proposed amendments.
Section 3
Any amendment proposed at the Convention shall require a
three-fourths (3/4) vote of those voting thereupon at the Convention to
effectuate such proposed amendment, but in no event shall the three-fourths
(3/4) vote of those voting thereupon be less than a majority vote of the
approved delegates at the Convention.
Section 4
Any amendment submitted by referendum to the members shall
require a majority vote of those voting thereon.
Section 5
Repeal of any provision of this Constitution shall be by
amendment procedure.
Section 6
Amendments adopted in a Convention shall become effective on
the thirtieth (30th) day following the adjournment of the Convention, provided,
the Convention does not specify a later date, or unless within thirty (30) days
a referendum vote on the amendment or repeal is initiated, in which event, the
amendment or repeal shall not become effective unless it is sustained by such
referendum. Amendments or repeals adopted or sustained by referendum procedure
shall become effective on the thirtieth (30th) day following such action or on a
later date if so specified.
PERMANENT RULES
GOVERNING CONDUCT OF CWA CONVENTIONS
Rule I-Source of Rules
The CWA Convention shall be conducted in accordance with
these rules and the CWA Constitution and if these rules and the CWA Constitution
do not specifically cover a matter, Robert's Rules of Order shall apply.
Rule II-Delegates to the Convention
Section l-Certification
Each Local shall certify to the Secretary-Treasurer of the
Union, not less than five (5) days prior to the opening date of an Annual or
Special Convention, on credential forms provided by the Union, the names,
addresses and voting strength of its delegates and alternates, if any, and the
name of the Chair of its delegation.
Section 2-Seating of Delegates
Delegates to a Convention shall be seated prior to the
exercise of any other rights and privileges of the delegates. They shall be
seated by acting on the Credentials Committee Report.
(a) In the event there is a protest within a Local over the
seating of delegates from a Local, the delegates under dispute shall not vote on
the question of their seating.
Rule III-Voting at Conventions
A delegate shall vote in the Convention, District meeting, or
a meeting of a bargaining unit in accordance with Article VIII, Section 5, of
the Constitution which reads as follows:
"(a) A Local delegate shall have one vote in the Convention,
District Meeting or a meeting of a Bargaining Unit, except on a roll call vote.
"(b) A roll call vote of the Convention, District Meeting, or
a meeting of a Bargaining Unit may be had upon the request of twenty percent
(20%) of the delegates.
"(c) Voting by roll call shall be by per capita vote with
each delegate casting the number of votes assigned to the delegate by the
delegate's Local and approved by the Credentials Committee and the Convention.
On roll call votes, a delegate shall cast one vote for each member in good
standing as assigned to the delegate by the delegate's Local and approved by the
Credentials Committee and the Convention."
Rule IV-Alternate Delegates and Visitors to the
Convention
All persons, other than delegates and alternate delegates
certified by the Credentials Committee and approved by the Convention, shall be
permitted to attend the Convention upon the following conditions:
(a) They present themselves to the Credentials Committee and
secure approval of the Committee;
(b) They not be permitted in the section of the Convention
reserved for voting delegates and shall be allowed to speak on questions before
the Convention when recognized by the Chair.
Rule V-Conduct During the Convention
The Chair shall be responsible for maintaining order in the
Convention. The Chair may request the
Convention to act on the question of expelling a person for
misconduct. A delegate may request the Chair to have the Convention act on
expelling a person for misconduct. A majority of delegates voting shall decide
the question of expulsion for misconduct.
Rule VI-Hours of Convention
The hours of the Convention, recesses and other arrangements
relating to the Convention shall be established by resolution or motion by each
Convention.
Rule VII-Microphones
Section 1-Microphones
There shall be one of each of the following microphones on
the floor of the Convention which shall be placed in the most convenient
locations possible.
(a) Privileged Microphone
(b) Questions Microphone
(c) Motions Microphone
(d) "For" Microphone
(e) "Against" Microphone
Section 2-Use of Privileged Microphone
The following motions are the only motions that can be made
at the Privileged Microphone and are listed in the order of their rank:
(a) ADJOURN (Undebatable-Majority vote required).
This motion loses its privileged character and is a main
motion if in any way qualified, or if its effect, if adopted, is to dissolve the
Annual Convention.
(b) TAKE A RECESS (Undebatable-Majority vote required).
This motion is privileged only when other business is pending
before the Convention.
(c) RAISE A QUESTION OF PRIVILEGE-The question can only be
raised when a delegate wishes to:
1. Rise to a point of personal privilege.
2. Request the Chair to explain the parliamentary situation
at the time.
3. Appeal a decision of the Chair.
(d) CALL FOR THE ORDERS OF THE DAY (Undebatable).
It is a demand that the Convention conform to its program or
order of business. It requires no second, and is in order when another delegate
has the floor, even though it interrupts a speech, as a single member has a
right to demand that the order of business be conformed to. A call for the
orders of the day cannot be debated or amended or have any subsidiary motion
applied to it.
(e) RAISE A POINT OF ORDER (Undebatable).
Section 3-Recognition at Privileged Microphone
A delegate requesting recognition at the privileged
microphone shall use the telephone to advise the platform of the delegate's name
and Local number. A parliamentarian shall be connected directly by telephone
with the privileged microphone and shall make a parliamentary ruling on whether
or not the person at the microphone has a privileged motion or question. In the
event the parliamentarian determines the person has a privileged motion or
question, the parliamentarian shall notify the Chair and the person shall be
recognized. If the parliamentarian determines the person does not have a
privileged question or motion, the delegate shall relinquish the microphone
unless the delegate notifies the parliamentarian that the delegate desires to
appeal from the parliamentarian's ruling. In the event of a notice of a desire
to appeal, the parliamentarian shall notify the Chair and the delegate shall be
recognized to present the delegate's appeal.
Section 4-Use of Motions Microphone
The motions microphone shall be used in the following manner:
(a) A delegate desiring to make a motion shall, by the use of
the telephone, notify the platform of the delegate's name and Local number, and
if it is a motion which is in order, or, is a motion of higher rank than the one
before the Convention, the delegate shall be recognized to make a motion and
after it is seconded, the delegate shall be permitted to speak from that
microphone in favor of the delegate's motion. After the maker of the motion, if
the delegate chooses, has spoken, the Chair shall recognize the "Against,"
microphone and shall proceed to rotate as provided in Section 7, Paragraph (h)
of the Rules.
(b) If there is not a delegate waiting to use any of the
microphones in the Convention, motions can be made from any microphone on the
floor of the Convention.
(c) A parliamentarian shall be connected directly by
telephone with the motions microphone when needed for the purpose of making a
parliamentary ruling on the rank or priority of the motion. If the
parliamentarian determines the person has a priority motion, the parliamentarian
shall notify the Chair and the person shall be recognized. If the
parliamentarian determines the person does not have a motion that would have
priority over other motions waiting at the microphone, the delegate shall
relinquish the microphone unless the delegate notifies the parliamentarian that
the delegate desires to appeal from the parliamentarian's ruling. In the event
of a notice of a desire to appeal, the parliamentarian shall notify the Chair
and the delegate shall be recognized to present the delegate's appeal at the
motions microphone.
Section 5-Use of "For" and "Against" Microphones
These microphones shall be known as the debating microphones
and shall be used in the following manner:
(a) A delegate wishing to speak for or against a motion or
subject on the Convention floor, shall approach the appropriate microphone and
shall use the telephone to inform the platform of the delegate's name and Local
number.
Section 6-Use of Questions Microphone
The questions microphone shall be used only for the purpose
of asking questions of clarification of a report, motion, resolution or other
matter before the Convention. The questions microphone shall be placed in
rotation with the "for" and "against" microphones and shall be used in the
following manner:
(a) A delegate having questions of clarification shall use a
telephone at this microphone, which is connected d
