Article XIII: Membership

SECTION 1. Applicants for membership in TNG-CWA shall furnish such information as the CWA and the Local require. Application for membership shall constitute a designation by the applicant of the Guild as his or her collective bargaining agent, and such designation shall be co-extensive with said application and resulting membership.

SECTION 2. Each member shall receive from his or her Local a standard membership card supplied by TNG-CWA. TNG Canada will supply membership cards to Canadian Locals.

SECTION 3. Each member shall have all rights of membership in CWA and shall be eligible for election to any CWA office and to vote in any CWA election in accordance with the CWA Constitution.

SECTION 4. (a) A member shall be in good standing if he or she is not more than one month in arrears on any of his or her constitutional obligations. Members who lose good standing and thereafter remain delinquent one month more shall be automatically suspended.

(b) A Local shall be notified by TNG-CWA that it appears that a member has been automatically suspended under Article XIII, Section 4, of this Constitution whenever a Local fails to remit a member's constitutional obligations for two or more consecutive months.

(c) Upon receipt of such notice, a Local may either:

(1) Establish that the member has met his or her constitutional obligations by remitting the appropriate constitutional obligations to TNG-CWA; or

(2) Within 10 days advise the member of his or her suspension and give him or her at least two days' notice to appear before the Executive Committee to show cause why he or she should not be expelled for failure to meet his or her constitutional obligations. Such notice shall be in writing, but failure of the Local to give, or of a member to receive, such notice shall not affect his or her suspension. The Executive Committee may designate a representative before whom the suspended member shall be directed to appear at a reasonable time and place. If after such hearing the Executive Committee is not satisfied with such showing made by the suspended member it may forthwith expel the member; or

(3) Continue the member in suspension.

(d) A member who, according to TNG-CWA records, remains in suspension for 12 months or more may with the concurrence of the Local be dropped from the membership rolls.

(e) TNG-CWA shall be notified of all decisions to expel members under provisions of this section.

(f) TNG-CWA records shall show the status of any member affected by the above processes.

(g) Suspended, expelled, or dropped members at all times shall be restored to good standing or readmitted only in accordance with the reinstatement provisions of Article XIII Section 12(a).

(h) A member's constitutional obligations, including a fine or penalty under Article XIII Section 17, or Article XV, may be enforced by civil action in any court of jurisdiction.

SECTION 5. No member not in good standing shall be permitted to vote, offer or second a motion, nominate for office, hold office, or be a candidate for office. A member suspended otherwise than under Section 4 of this Article shall be subject to the foregoing restrictions and in addition may not attend meetings of Guild bodies or speak at such meetings except by permission of the meeting or as permitted by Article XV. A suspended member shall remain under all the obligations of membership during the period of suspension.

SECTION 6. No member shall work for lower wages than, longer hours than, or under conditions inferior to, those established through Guild action in the Shop in which he or she is employed.

SECTION 7. (a) A member shall belong to the Local which negotiates his or her contract. A member not under contract shall belong to the Local in the area of his or her principal employment. Individuals who gain membership pursuant to Article II, Section 3(c) shall belong to the local designated in accordance with Section 3(c)(1) of that Article.

(b) A member elected to full-time office in the Guild shall retain membership in his or her home Local.

(c) A member elected or appointed Executive Officer of another Local shall be a member of that Local, and may retain membership in his or her home Local, but in TNG-CWA referenda shall vote only in the Local of which he or she is Executive Officer.

(d) A member appointed to TNG-CWA's staff may elect to be a member in his or her home Local or in the Local in whose area he or she is assigned, or if he or she is eligible under Article XIII Section 8, to be a member-at-large. The authority and power of the CWA or its Executive Board under the CWA Constitution, of the Sector Conference and the E.C. under Article IV Section 1, and of the E.C. under Article X Section 8, and Article X Section 1, of this Constitution shall not be invoked by TNG-CWA's staff or any individual TNG-CWA staff employee as TNG-CWA member or members in connection with any grievance or dispute concerning terms and conditions of employment of TNG-CWA staff which is subject to procedures for adjustment and settlement provided by collective bargaining agreement between TNG-CWA and the collective bargaining representative of TNG-CWA's staff.

SECTION 8. In an area where no Local exists membership at large shall be permitted in TNG-CWA. In such case, TNG-CWA headquarters shall fulfill the administrative functions of the Local.

SECTION 9. Application shall be submitted to the designated agent of the Unit in the Shop where the applicant is employed, or where he or she was last employed, or through the Local Secretary, but in any event at least one of the Unit officers shall be consulted before the Local acts upon the application. An applicant shall not become a member until he or she shall have paid the required initiation fee or reinstatement fee, and one month's dues, and until the Local or its Executive Committee shall have approved his or her application in respect to eligibility and compliance with constitutional requirements. Membership shall commence with the first day of the first month for which dues are paid. When an application is rejected or action upon it is withheld, the applicant shall be given a written statement of the reason.

SECTION 10. (a) When an applicant who has not been a member previously has worked for less than one year in the territory of the Local to which he or she makes application, that Local shall not act upon it until the Local in the city of his or her last prior employment or work has been consulted.

(b) When an applicant has worked at any time in or for a Shop which was on strike, in another city, the Local to which he or she applies shall obtain the consent of the Local in the other city before admitting the applicant to membership.

(c) An applicant who has been expelled or suspended from one Local shall be readmitted in another Local only with the consent of the first.

(d) An applicant may be deemed ineligible or required to pay a special fee because of prior acts which would have made him or her liable to expulsion from the Guild.

(e) All decisions of Locals under this Section shall be subject to appeal to the E.C., and any disputes between Locals under this Section shall be referred to the E.C. for decision.

SECTION 11. (a) TNG-CWA shall issue standard transfer cards upon which all transfers of membership will be effected.

(b) All transfers from one Local to another shall be processed through TNG-CWA. Upon notice from any source that a member requires such transfer, TNG-CWA shall effect the transfer subject to the further provisions of this Section.

(c) No transfer of membership shall be effected until all financial obligations in the Local from which the member is transferring have been satisfied and that Local so states to TNG-CWA, and until such other constitutional objections posed by the Local from which the member is transferred have been satisfied and that Local so informs TNG-CWA. TNG-CWA shall act on the basis of TNG-CWA records when a Local does not respond within 30 days to a request for information under this rule.

(d) A transferring member shall be allowed a grace period of not more than 60 days, beginning with the last day of the month for which he or she was in good standing in the former Local, in which to complete a transfer to a new Local without losing good standing and without having to pay a reinstatement or initiation fee.

(e) Procedures not specifically provided for by this section shall be determined by the Secretary-Treasurer in a manner consistent with the Constitution, to provide for efficient and practical transfers, and to protect the interests of the affected Locals and of the transferring member.

(f) All decisions under this Section shall be subject to appeal to the E.C.

SECTION 12. (a) A member who has been suspended, expelled, or dropped may be readmitted or reinstated to good standing upon payment of a reinstatement fee to be set by the Local, such fee in the discretion of the Local to take the place of all arrearages of constitutional obligations up to the date of reinstatement. Such fee shall not be less than $2. Such readmission or reinstatement shall not be allowed except upon the specific decision of the Executive Committee of the Local. Such readmission or reinstatement shall not be granted to a member more than twice within two years without the approval of the E.C. Application of this Section may be waived by the Local in the event that a member pays up his or her arrearages and is reinstated after automatic suspension under Section 4 of this Article.

(b) The Local may waive the provisions for the payment of a reinstatement fee for members who have entered the armed forces.

( c) The Local may waive the provisions for the payment of a reinstatement fee for intermittent dues-payers, such as casual employees.

SECTION 13. (a) A member of the Guild shall belong automatically to the Unit of the Shop where he or she is employed. Individuals who gain membership pursuant to Article II, Section 3(c) shall belong to the Unit or to the Local designated in accordance with Section 3(c)(1) of that Article.

(b) When a member ceases his or her employment or work within the meaning of Article II, Section 2, and remains unemployed or without such work, he or she may continue in active membership for a period not to exceed three months in his or her Unit and for a period not to exceed nine additional months in his or her Local (except that those members who do not belong to a Unit shall be permitted to continue active membership within the Local for a total period not to exceed twelve months) , upon expiration of which time he or she shall take an honorable withdrawal card if otherwise entitled to it, with all preferential rehiring rights unimpaired, provided, however, that a member whose dismissal is being contested by himself, the Unit or the Local, and who obtains temporary employment elsewhere shall remain a member of the Local until such time as the Local or its governing body declares the case adjusted. For purposes of enforcing this Section 13(b), Locals shall adopt reasonable bylaw provisions to verify that members continue to perform qualifying work and therefore remain eligible for Guild membership.

SECTION 14. (a) A member who becomes ineligible shall withdraw, after having paid all financial obligations to the Guild, and be issued an honorable withdrawal card by TNG-CWA through the Local; provided, however, that this shall not apply to members who obtain a leave of absence from their Shops prior to the withdrawal from the industry. An honorable withdrawal card shall entitle the holder to reinstatement without payment of a reinstatement fee upon his or her becoming eligible again, provided he or she apply for such reinstatement as of the time of his or her becoming eligible, and provided that in the meantime he or she has committed no act which would make him or her liable to expulsion under this Constitution. The E.C. may revoke an honorable withdrawal card upon recommendation of any Local. Upon resumption of Guild membership by an applicant holding an honorable withdrawal card, his or her first month's dues shall be applied to the month following that in which the application is made.

(b) A member leaving a shop or department or division thereof covered by Guild contract for one not so covered may resign, and any application for withdrawal by such members shall be considered a resignation. Upon resignation such members shall be issued an "acceptance of resignation" card, the contents of which shall be determined by the E.C..

SECTION 15. Each member shall advise his or her Local, and the Local shall advise CWA on forms provided for the purpose, of his or her home address and any change in home address. Members-at-large shall advise CWA directly.

SECTION 16. (a) The following resignation rules shall apply in Canadian Locals only: Any offer to withdraw or to resign from membership in the Guild other than for the reasons set forth in Section 14 of this Article shall be submitted in writing to the governing board of the Local, together with the reasons, in detail, for such contemplated withdrawal or resignation. The governing board of the Local shall thereupon inquire into the causes and vote on whether such withdrawal or resignation shall be accepted or rejected. Any acceptance shall always be conditioned upon full payment of all financial obligations due and owing to the Guild. Upon the rejection of any offer to withdraw or resign, the membership obligations of the member making such offer shall continue in full force and effect. A member may appeal rejection of his or her resignation to the Local membership. A copy of the offer to withdraw or resign, together with the action taken by the Local thereon, shall be forwarded to the E.C. Such action shall not become final until approved by the E.C.

(b) In Canadian Locals, no resignation or withdrawal may be accepted during a strike or lockout, or at a time when a strike or lockout appears imminent.

(c) In U.S. Locals, any offer to withdraw or to resign from membership in the Guild other than for the reasons set forth in Section 14 of this Article shall be submitted in writing to the Local.

SECTION 17. (a) Locals may adopt rules to enforce attendance at membership meetings or Unit meetings and may establish a system of fines and penalties which, in no event, shall exceed one month's dues for each offense.

(b) The Locals may, under their by-laws, delegate to a Unit the power to establish, subject to the approval of the Local governing body, a fine for failure to attend Unit meetings, said fine not to exceed the amount provided for in Section 17(a).

SECTION 18. To aid a Local to maintain contact for organizing purposes with Guild members who are no longer under Guild contract, the Secretary-Treasurer may grant inactive membership status to such members. Such inactive members shall have the same status as associate members. The Secretary-Treasurer shall report the status of such grants to the E.C.

SECTION 19. An individual who retains membership pursuant to Article II, Section 3(c) shall have all of the rights of membership except that he or she shall have voice but no vote on local union matters affecting collective bargaining, including contract ratification, grievance settlements, and strike votes.