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Article XI: Local Guilds
SECTION 1. Locals shall be established by charter granted by the CWA on recommendation of the E.C.
SECTION 2. Locals shall be charged with the duty of enforcing provisions of this Constitution affecting their membership.
SECTION 3. (a) No Local shall adopt a constitution or by-laws in conflict with this Constitution, with the policies of TNG-CWA adopted in Sector Conference, or the CWA Constitution. Every Local shall submit to the E.C. a copy of its constitution and by-laws and any amendments thereto as adopted. New Locals shall submit their constitutions or by-laws within two months of being chartered. The E.C. shall order the revision of provisions found to be in conflict with this Constitution, Sector Conference policies or the CWA Constitution. If any issue arises in a Local in which the application of the Local constitution or by-laws is at variance with the TNG-CWA Constitution, Sector Conference policies or the CWA Constitution, the issue shall be governed by the TNG-CWA Constitution, Sector Conference policies, and the CWA Constitution.
(b) The Merger Agreement, the CWA Constitution, and the TNG-CWA Constitution shall govern in any matter not specifically provided for either in the by-laws of the Local or by Local legislation.
SECTION 4. (a) Locals shall hold general membership meetings at least four times a year, but at no time shall there be a lapse of more than four months between meetings. Subject to the approval of the Local membership in a referendum, exceptions to this rule may be made in Locals of 3,500 members or more or Locals which have units separated by 40 miles or more which, in either instance, have both an Executive Committee and a Representative Assembly. Such Locals shall be required to hold general membership meetings at least twice a year as provided in the Local by-laws.
(b) In lieu of the membership meeting provided in paragraph (a) the by-laws of a Wire Service Local shall provide for a Representative Assembly elected by the membership of the Local and representative of the geographical areas and units within the Local. Such a Representative Assembly shall meet at least once a year. The by-laws of such a Local shall further provide adequate referenda procedures.
SECTION 5. (a) Locals shall elect officers annually, unless the Local membership by referendum determines that they shall be elected biennially or triennially. The officers shall include at least a president, a vice-president, a secretary-treasurer or secretary and treasurer. No member shall be permitted to hold more than one such office.
(b) Locals shall provide in their by-laws for an Executive Committee of not fewer than three members.
(c) The officers of Locals prescribed by Local by-laws under Section 5(a) shall be elected by the membership, by secret ballot referendum in the event of a contest. Members of an executive committee other than such officers shall be elected by a secret ballot in the event of a contest according to procedures, and in the units or membership divisions they represent, as Local by-laws may prescribe.
(d) In the event of a contest by referendum ballot for Local officers, as prescribed by Local by-laws under Section 5(a), the names of all nominees for office shall be placed on the ballot either by slate, or in alphabetical order or in order determined by lot. Each candidate may be identified on the ballot by his or her unit.
(e) No Local constitution or by-laws shall provide that nominations for Local offices or for the membership of the Executive Committee shall be made by the Executive Committee. In Locals of more than 250 members which have both an Executive Committee and a Representative Assembly elected by the membership, the Representative Assembly may nominate for the offices prescribed by Local by-laws under Section 5(a) and for such members of the Executive Committee as, according to Local by-laws, are to be elected at large. If nominations of such officers and other members of the Executive Committee are made by Representative Assembly, adequate opportunity shall be given for additional nominations by membership petition.
(f) Vacancies in the Local offices prescribed by Local by-laws under Section 5(a) shall be filled by a vote of the membership by secret ballot either by referendum or at a membership meeting. Vacancies in the membership of an Executive Committee, other than such Local offices, if filled, shall be filled by secret ballot vote, according to the procedures by which, and in the same unit or membership division in which the election was held.
(g) At least 15 days' notice of election of officers and members of an Executive Committee shall be given by mail to each eligible member at his or her home address as shown on the record of the Local, including elections to fill vacancies.
(h) No member may hold Local office or membership in the Executive Committee of a Local subject to the Labor-Management Reporting and Disclosure Act of 1959 so long as he or she is barred from office by Section 504 of said Act.
SECTION 6. Delegates and alternate delegates of Locals to the TNG-CWA Sector Conference and CWA Convention shall be elected by the membership, by secret ballot in the event of a contest. In case of a contest by referendum ballot, the names of all nominees for position of delegate shall be placed on the same ballot in alphabetical order, or by slate, or in order determined by lot. Each nominee may be identified on the ballot by his or her Unit. Vacancies shall not be filled by appointment.
SECTION 7. Local delegates to all bodies other than the Sector Conference and CWA Convention with which the Local may be affiliated shall be elected by the membership or elected or appointed by such other body of the Local as the membership may decide. Pending opportunity for action by the membership, temporary appointments to fill a vacancy may be made by the Executive Committee.
SECTION 8. A member who wishes to protest the conduct of any election held by his or her Local pursuant to Sections 5, 6 or 7 of this Article, may submit the protest in accordance with the procedures set forth in the CWA Constitution.
SECTION 9. (a) Local funds shall be used only for legitimate operating expenses, for the financing of strike activities and for the purchase for local members of group life, accident, health, hospital, medical and surgical, unemployment, and retirement benefit insurance, singly or in any combination.
(b) Local funds may be used for the purpose of assisting labor and other organizations friendly to TNG-CWA and the labor movement and for other activity within the purposes of TNG-CWA, including fraternal and social activity, provided the expenditures for these purposes are consistent with the financial ability of the Local to carry out the purposes set forth in Subsection 9(a).
SECTION 10. (a) Each Local shall establish a Local Defense Fund.
(b) There shall be deposited to this fund, no later than the 30th day after the expiration of each fiscal quarter, an amount equal to 5% of the Local's gross income from monthly dues in the preceding fiscal quarter, unless on such 30th day the assets in the Local Defense Fund are equal to or greater than $205.85 (adjusted May 2007) for each member in the last month of the preceding quarter. On May 1 of each year, this $205.85 per-member minimum shall be increased by the same percentage as per-capita tax is increased under Article XVIII, Section 7(b).
(c) The E.C. may, for good and sufficient reason, exempt a newly chartered Local or a Local which has been involved in a strike or lockout from operation of this Section for a period of no more than two years from the date of the chartering of the Local or settlement of the strike or lockout.
(d) Expenditures from the Local Defense Fund may be made only to support the Local's strike or other defense activity, or other activities of an emergency nature, to contribute to other unions, and to pay up to, but no more than, 40 cents of per capita tax to CWA.
SECTION 11. Each Local shall establish a Local Organizing Fund. All monies received by the Local under Article XVIII Section 2(f) of this Constitution shall be placed into this Fund. The assets of the Fund shall be used solely for organizing and related activities.
SECTION 12. (a) Each Local shall keep its financial records in accordance with procedures and on forms supplied by or satisfactory to CWA. Each Local shall cause an audit of all its books, records, and funds to be made annually for its fiscal year by an independent professional accountant designated by the Local or its governing body. Audits shall be according to procedures and on forms supplied by or satisfactory to CWA. All audits shall be available to the membership of the Local and a copy of the annual audit shall be sent to the E.C. within 30 days of its completion. In the event that a copy of the annual audit is not submitted within 90 days from the close of a Local's fiscal year, the Secretary-Treasurer may cause an audit to be made, the expense of which shall be borne by the Local.
(b) All Local officers and employees authorized to sign checks upon Local funds or handling Local monies, shall be bonded in amounts and in a manner designated by the Local or its governing body.
(c) All checks issued by a Local shall require at least two signatures to be authorized in the Local's by-laws or by the Local's Executive Committee.
SECTION 13. No Local shall be or remain incorporated under the laws of any state, territory, province, or country.
SECTION 14. No Branch shall make contracts or incur liabilities for TNG-CWA or CWA unless authorized in writing by the E.C. or the CWA Executive Board, as the case may be. TNG-CWA and CWA shall not be liable under such contracts unless they were so authorized.
SECTION 15. No Branch of TNG-CWA shall, without permission of the E.C. or the President, seek to represent employees for whom it is not then the certified or recognized representative, nor initiate any suit or proceeding affecting representation of employees or collective bargaining (except a suit or arbitration proceeding to enforce a specific contract obligation) before any court, tribunal, labor board or agency; and the conduct of the case by the Branch shall be subject to the approval of the E.C. or President. In case any Branch of TNG-CWA shall be a respondent or defendant before any court, tribunal, labor board or agency, the nature and scope of its defense shall be subject to approval of, and its defense shall be conducted in full consultation with the E.C. or the President.
SECTION 16. A Unit shall consist of the members in an individual Shop in which there are not fewer than seven full-time employed members or in a Shop having a contract with the Guild. Within the discretion of the Local, a Unit may consist of members employed in more than one Shop where one or more of the Shops involved employs less than seven members or where the Shops are under the same management. The Unit shall have such officers as are prescribed by Local by-laws, who shall be selected, shall serve, and may be removed, as prescribed by Local by-laws. It shall exist only for administrative purposes and for representation of its members within the Local. It shall not have a separate constitution or by-laws. It shall not enter into any agreement. It shall not have relations with any person or organization outside TNG-CWA without permission of the Local or the Local governing body.
SECTION 17. Locals shall do all in their power to strengthen the labor movement in their respective areas.
SECTION 18. Each Local Union of CWA shall respect the established collective bargaining relationship of every other Local Union. Each Local Union of CWA shall respect the established work relationship of every other Local Union, that is, any work of the kind which the members of a Local Union have customarily performed or perform by operation of a collective bargaining agreement at a particular plant or work site. In the event there is a dispute between Local Unions over the jurisdiction of work performed by or assigned to members of a TNG-CWA Local Union and another Local Union of CWA, the Local Unions shall settle such dispute pursuant to the procedure for handling jurisdictional disputes described herein. CWA shall pay the costs and expenses of the independent referee.
(a) A Local Union whose claim of work is in dispute may bring such dispute to the CWA Executive Board for resolution. The Executive Board of the CWA shall consider which Local Union has jurisdiction over the work in dispute. The Executive Board of CWA may render a decision or may refer the dispute to an independent referee. The independent referee will be chosen by the Executive Board to hear all such disputes.
(b) Regardless of the CWA Executive Board's action, each Local Union shall be permitted to make its case before the independent referee. Case files shall be forwarded to the independent referee including the CWA Executive Board decision, if any.
(c) Each Local Union shall have one hour to present its case; 15 minutes for rebuttal and 5 minutes for a closing statement. Unused portion of the hour may be used in rebuttal. The appealing Local Union shall go first.
(d) There shall be no briefs. Each Local Union may submit a written statement of its position to the independent referee at the proceeding.
(e) No attorneys will be permitted to participate in the proceedings. Each Local Union is restricted to no more than 3 persons in making its presentation.
(f) The independent referee will endeavor to issue his or her decision, in writing, within 10 working days of the conclusion of the hearing. The referee may request the attendance of other individuals (for example, a Staff Member of the Sector), if he or she deems it necessary for developing a full and complete record.
(g) The Local Unions shall abide by the independent referee's decision and as such shall work in good faith to implement the final resolution of the dispute, but such decision may be subject to final appeal to the CWA Convention pursuant to the CWA Constitution. The CWA Convention's decision shall be final and binding.
Dispute settlements and determinations under this Section shall not determine the general work or jurisdiction of any Local Union but shall be limited to the settlement or determination of the specific dispute on the basis of the facts and considerations involved in said dispute.
SECTION 19. In the event that a Local's charter is revoked, suspended, or that the Local disbands, the charter and all books and property shall be delivered or turned over to CWA within 10 days after demand by the E.C..
SECTION 20. Each Local, in accordance with its bylaws, shall select a Local Human Rights Coordinator and forward the name and contact information to TNG-CWA. The Human Rights Coordinator shall guide and advise the local on implementing the TNG-CWA Human Rights Program at the local level and developing and advancing affirmative action programs for equal employment and advancement opportunities. This person also shall get appropriate training to fulfill his or her duties as Human Rights Coordinator.
SECTION 21. Each Local shall ensure that each of its members is provided with a copy of the current collective bargaining agreement applicable to the member, and a copy of the Local's by-laws; and shall make available to each member a copy of the TNG-CWA Constitution and the CWA Constitution.

