Article XX: Strikes and Lockouts

SECTION 1. The E.C. shall be kept fully informed of developments which may lead to a strike or lockout.

SECTION 2. (a) A strike may be called by the governing body of a Local if the Unit involved has voted approval. In cases where more than one Unit may be called on strike, all these Units shall be considered as one Unit.

(b) Where more than one bargaining unit is contained within the constitutional Unit, the strike 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 strike 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 strike vote will be taken in the constitutional Unit involved.

(c) In the event that a union other than a TNG-CWA Local strikes a shop in which that union represents employees, or if such a strike appears imminent, or if such a union declares itself locked out and pickets, then as an alternative to proceeding under Article XX, Section 2(a), the Representative Assembly or Executive Committee of TNG-CWA's Local representing employees in that shop may endorse the strike, or recognize the lockout, and direct its members not to cross the picket lines of the striking or locked out union nor to work in or for the shop which is on strike or locked out.

(d) If TNG-CWA or CWA funds are to be used at any time during a strike, or during a strike of another union endorsed by the Local, the E.C. must be advised of the strike in advance or of the strike endorsement as soon as may be possible and the strike or strike endorsement must be approved by the E.C. The E.C., in turn, will make recommendations regarding strike sanction for Local Unions to the CWA Executive Board for its approval. Strikes or lockouts in Canada must have the effective recommendation of the Director of TNG Canada.

(e) All Locals shall be eligible to receive strike and lockout funds from the CWA Member Relief Fund and from the CWA Defense Fund, subject to the rules of such Funds and consistent with Article XVIII, Section 7(a) (2) (b). The assets from the TNG-CWA Mobilization and Defense Fund may be used to fund all other traditional expenses allowable from the TNG-CWA Mobilization and Defense Fund, consistent with this Constitution.

SECTION 3. Joint strike votes of Units may be called for by the governing body of the Local or by the Units. Where Units in the employ of a single employer but situated in different Locals vote to strike, the strike may be called by the E.C. subject to the approval of the CWA Executive Board. Strikes and lockouts in Canada must have the effective recommendation of the Director of TNG Canada.

SECTION 4. If the governing body of a Local fails to call a strike after approval has been voted in accordance with Section 2 above, the E.C. may, at the request of the Unit or Units involved, call a strike subject to the approval of the CWA Executive Board. In such event it shall name the committee in charge of the strike. Strikes and lockouts in Canada must have the effective recommendation of the Director of TNG Canada.

SECTION 5. (a) The conduct of a strike or lockout shall be vested in the governing body of the Local, except as provided hereinafter and in Section 4 above. The E.C. shall have authority to designate a representative in a Local strike or lockout. TNG-CWA's representative shall assist and advise the Local bodies governing the strike or lockout and enforce TNG-CWA policy with respect to the disbursement of TNG-CWA Mobilization and Defense Fund monies. The E.C. shall have authority to deny or terminate TNG-CWA benefits to a striking or locked-out Local.

(b) In Canada, upon the effective recommendation of the Director of TNG Canada, the E.C. shall have authority to designate a representative in a Local strike or lockout who shall assist and advise the Local bodies governing the strike or lockout and enforce TNG-CWA policy with respect to the disbursement of TNG-CWA Mobilization and Defense Fund monies. The E.C., which has the authority to deny or terminate TNG-CWA benefits to striking or locked out Canadian locals, shall consult with the Director of TNG Canada before making a decision.

SECTION 6. Except when a Local does not ask for financial support by TNG-CWA, the E.C. shall review strike or lockout funds and expenditures, shall require a weekly accounting of previous receipts and expenditures, on standard forms to be furnished by TNG-CWA, shall assure that the rates of strike or lockout benefits and the expenditure of funds provided by or through TNG-CWA are consistent with TNG-CWA policy and Sector Conference action, and after the strike shall audit the accounts of all strike and lockout funds, activities and operations.

SECTION 7. Between E.C. meetings authority under this Article shall be exercised by the President; in case he or she is unavailable, by the Secretary-Treasurer, and if he or she is also unavailable, by the Sector Chairperson, except that no strike shall be disapproved without a poll of the E.C.