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Article XIX: Collective Bargaining
SECTION 1. Collective bargaining on behalf of any membership group shall be guided by the Collective Bargaining Program of the Sector Conference.
(a) The following provisions of the Collective Bargaining Program shall be included in all initial contract proposals until each goal is adequately addressed in the collective bargaining agreement:
1) a union security clause
2) a requirement of just and sufficient cause for discharge
3) a grievance procedure and binding, third-party arbitration system
4) wage scales that fix the minimum amount employees may earn
5) a clause defining union jurisdiction and protecting against the loss of work
6) provisions incorporating seniority and length of service in wages, hours and working conditions
7) a contract that promotes diversity and protects against discrimination.
(b) The requirements of Article XIX also apply to wage reopening or renegotiation of a contract clause during the life of the contract, and to any pension, health, welfare, insurance, profit-sharing, stock purchase, savings, or other similar plan, program or agreement. However, the requirements of Section 1(a) shall apply only to the extent relevant.
(c) The E.C. may delegate its authority under this section to the E.C. Contracts Committee.
SECTION 2. Contract Negotiations.
(a) The power and duty to bargain collectively for the whole membership of a Local or any subdivision thereof shall rest in its governing body, subject to the mandates of the Local, and the results of its negotiations shall be subject to ratification by the Unit or Units immediately concerned and by any additional Guild body as provided for by the Local.
(b) Where more than one bargaining unit is contained within the constitutional Unit, the ratification vote shall be taken in the bargaining unit involved only in the following cases: (i) the bargaining unit involved is negotiating an initial Guild contract; (ii) the contract of the other bargaining unit not immediately involved is not open (or will not be open within 60 days) for renegotiation at the time the ratification vote in the bargaining unit immediately involved is taken. Notwithstanding the above, the local governing body may decide, subject to an appeal to the E.C., that the ratification vote will be taken in the constitutional Unit involved.
(c) Locals with units of a chain may, with the consent of such units, enter into chain negotiations on behalf of such units. Locals participating in such negotiations each shall elect by secret ballot two delegates to a chain (or if permitted by the Local, the Local's unit of the chain) council, which shall establish by-laws not inconsistent with this Constitution in order to conduct such negotiations. Participating Locals shall not conduct contract negotiations on their own for units involved unless and until the Chain Council declares such negotiations concluded without agreement.
(d) Contracts on behalf of the Guild shall be entered into only by Locals or by TNG-CWA. No contract entered into in violation of this Section shall be binding upon TNG-CWA, the Local or any part of the membership.
(e) Not fewer than three persons, designated by the Local or the E.C. when TNG-CWA is party to the contract, shall be members of any contract negotiating committee on behalf of the Guild. The negotiating committee shall, whenever practicable, include members of the Unit involved. This provision shall not apply in joint negotiations with several employers representing different financial interests. It shall be the right and duty of the Unit involved to have observers present at negotiations. Under exceptional circumstances, the E.C. may grant permission for negotiations in a manner other than that provided herein.
(f) The E.C. may delegate its authority under Article XIX Sections 2(b) and 2(e) to the E.C. Contracts Committee.
SECTION 3. Coordination with the E.C.
(a) All contract proposals shall be submitted to the E.C. Contracts Committee at least 15 days in advance of submission to the employer, and shall receive the approval of the E.C. Contracts Committee in advance of submission to the employer. The E.C. Contracts Committee shall promptly advise the Local when these proposals are in conflict with TNG-CWA's Constitution or the Collective Bargaining Program. When advised by the E.C. Contracts Committee of such conflict, the Local shall make such changes in the terms of its contract proposals as may be recommended by the E.C. Contracts Committee. The E.C. Contracts Committee shall be kept informed of the progress of negotiations.
(b) The final draft of a contract or the terms of a proposed contract settlement shall be submitted to the E.C. Contracts Committee before submission for ratification as provided in Article XIX, Section 2(a), and before signature of a final draft of a contract; provided, that where strike approval has been given under Article XX, Section 2(d), the terms of the proposed settlement may be submitted for ratification to the Unit or Units immediately involved before submission to the E.C. Contracts Committee. The E.C. Contracts Committee shall be allowed five working days from receipt in which to examine such final draft or terms of a proposed contract and advise the Local as to conformity with the Constitution and Collective Bargaining Program.
(c) If within five working days or a mutually agreed upon extension following the receipt of the terms of the proposed settlement or of the final draft of a contract, the E.C. Contracts Committee determines that the proposed contract settlement or the draft contains deviations from the Collective Bargaining Program sufficiently serious to withhold approval, it shall so advise the Local within that five working-day period or mutually agreed upon extension. In the event approval is withheld, the E.C. Contracts Committee shall, within the same five working-day period or mutually agreed upon extension: (1) fully inform the Local of the basis for withholding approval, or (2) if necessary, designate a representative to investigate, or (3) promptly designate a representative to assist the Local. In the event approval of the proposed settlement is withheld and the E.C. Contracts Committee does not take one or more of these prescribed steps, the Local is authorized to proceed with ratification of the proposed settlement. In the event approval of the final draft is withheld and the E.C. Contracts Committee does not take one or more of these prescribed steps, the local is authorized to proceed with ratification and signing of the contract, if ratified. In the event approval is withheld and the proper action is taken by the E.C. Contracts Committee, the Local shall not submit the terms of the proposed settlement or the final draft of the contract for ratification or sign the contract until the E.C. gives specific permission.
(d) If the terms of a proposed contract settlement are approved, or permission to sign a contract which will incorporate such terms given, but no final draft yet submitted, the final draft of the contract shall be submitted to the E.C. Contracts Committee before signature. If within five working days following receipt of the final draft of the contract, the E.C. Contracts Committee advises the Local that the final draft deviates from the approved terms of the contract settlement, or contains technical deficiencies, the Local shall not sign the contract until the E.C. Contracts Committee gives permission.
(e) The E.C. may approve a proposed contract settlement, but at the same time withhold approval of particular terms thereof. The E.C. may approve a proposed contract, or give permission to sign a proposed contract, but at the same time withhold approval of particular clauses or of the current settlement.
(f) The E.C. may delegate its authority under this section to the E.C. Contracts Committee.
(g) A final copy of the contract signed by the Guild and the employer shall be sent to the office of TNG-CWA.
(h) The foregoing requirements shall be applicable to any proposal for a chain recommendation for a contract for participating Locals, and to any recommendation for a contract to participating Locals resulting from chain negotiations, and to any wage reopening or renegotiation of any contract clause during its life.
SECTION 4. Contract Enforcement and Disposition of Grievances.
(a) The power and duty of contract enforcement and disposition of any other matters affecting the relationship of employee and employer shall rest with the Local, or the E.C. when TNG-CWA is a party to the contract.
(b) It shall be the duty of each member to report any complaint to his or her Unit officers and the duty of the Unit officers after investigation to report to officers of the Local any dispute regarding any terms or conditions of employment. If TNG-CWA is a party to the contract, TNG-CWA officers shall be informed with notice to Local officers.
(c) The Local shall determine the procedure for disposition of any dispute including delegation of its authority to a committee representing the Local, which committee may be composed of members of the Unit concerned. If TNG-CWA is a party to the contract, the E.C. may delegate disposition to the Local involved. Progress and settlement of grievances so delegated shall be reported to the Local, or, if TNG-CWA is involved, to TNG-CWA.
(d) The settlement of grievances shall be subject to ratification by the Local's governing body, and shall be subject to appeal to the Local membership.
SECTION 5. Individual Bargaining.
(a) Independent negotiations between a member and his or her employer in his or her own behalf shall not have the authority or support of TNG-CWA or any Branch. In no event may a member negotiate for conditions of employment inferior in any respect to those established in his or her place of employment by Guild action. No member shall negotiate with his or her employer individually to settle a grievance.
(b) Except as expressly provided for in the Local's collective bargaining agreement, no member of TNG-CWA may sign an individual contract with his or her employer, governing his or her hours, wages or working conditions, unless he or she seeks and receives permission of the governing body of his or her Local or the permission of the Local itself. The member concerned may appeal the decision of the Local to the E.C.

