CWA Local 1033 By-Laws
Adopted by the Membership – January 30, 2020
ARTICLE 1 – NAME
This Organization, hereinafter referred to as the Local, shall be known as Local 1033, Communications Workers of America, AFL-CIO, and shall be identified as CWA Local 1033.
ARTICLE 2 – JURISDICTION
The Local shall have jurisdiction assigned by the CWA National Union, hereinafter referred to as the Union, appearing on the face of the Local Charter.
ARTICLE 3 – PURPOSE AND OBJECTS
The purpose of the Local shall be to represent and serve workers within its jurisdiction and to organize unorganized workers in accordance with the By-Laws and Rules of the Local, the Constitution and policies of the Union.
A. The objects of the Local shall be:
- To unite workers within its jurisdiction in a single cohesive Labor Union for the purpose of collective effort;
- To improve the conditions of workers with respect to wages, hours, working conditions, and other conditions of employment;
- To disseminate information among the workers respecting economic, social, political and other matters affecting their lives and welfare;
- 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;
- To do all things which may be necessary or proper to secure for the workers the enjoyment of their natural rights.
ARTICLE 4 – LOCAL STRUCTURE
A. The Local shall consist of the following:
- Local Executive Board
- Local Executive Committee
- Shop Stewards
ARTICLE 5 – MEMBERSHIP
- Any person eligible for membership in the Communications Workers of America, as defined in Article V of its Constitution, shall be eligible for membership in this Local, if performing work within the Local’s assigned jurisdiction, or if employed on a part-time or full-time basis by the Union or the Local.
- Members of the Union who are on a leave 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 by reason of age, service or disability, may continue to be active members by continuing to be full dues paying members and employees of the Local.
- No person, otherwise eligible for membership, shall be denied membership in the Union because of sex, race, color, creed, nationality, sexual or affectional orientation, political activity or affiliation, or any category of unlawful discrimination.
- No person, otherwise eligible for membership in the Local, shall be admitted to membership if the person has been fined, suspended or expelled by the Local or the Union, until the person has complied with the terms of such fine, suspension or expulsion.
- Membership in the Union shall be established and maintained through membership in a chartered Local of the Union.
- An initiation fee for new members may be obtained by the Local in addition to the fee deducted by the Union and may be waived by the Local.
- The Local shall establish a Membership Committee which shall act upon applications for membership. The Membership Committee shall accept or reject such applications subject to the right of the Local to overrule the committee.
- The transfer of membership from the Local to the jurisdiction of another Local and from one Local to the jurisdiction of this Local shall be made in accordance with Article V of the Union Constitution.
D. Retired Members’ Chapter:
- CWA Lifetime members shall be eligible to join a CWA Retired Members’ Chapter in
accordance with the CWA Constitution.
ARTICLE 6 – LOCAL DUES & ASSESSMENTS
A. Membership Dues:
- Each member of the Union shall pay the membership dues established by the Union Constitution and as set forth by the National Convention. Membership dues shall be collected in the manner determined by the Convention or the Union Executive Board.
- Minimum dues shall be established in the Union Constitution and as set by the National Convention.
B. 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 all 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.
Assessments may be levied as stated in Article VI, Sections 3 and 4 of the Union Constitution.
ARTICLE 7 – GOVERNING AUTHORITY
A. The affairs of this Local shall be governed by its membership in accordance with the Union Constitution and policies of the Union in the following manner:
- Through action taken in Membership Meetings or by referendum of the Membership.
- Through actions and decisions of the Local Executive Board between Membership meetings.
- The actions and decisions of the Executive Board of the Local between Local Membership meetings may be overruled by the membership at a Local Membership meeting or by referendum.
ARTICLE 8 – LOCAL MEMBERSHIP MEETINGS
A. Regular meetings of the membership of this Local shall be held at least once per quarter, at a time and place as determined by the President. Special meetings may be called by a majority vote of the Local Executive Board Officers, or by a petition signed by 15% of the members. Upon receipt of a proper petition, the President shall call a meeting to be held within fifteen (15) days, with a minimum of a seven (7) day notice to the membership.
ARTICLE 9 – THE UNION CONVENTION AND LOCAL DELEGATES
A. The President and the Executive Vice President of the Local shall be the minimum duly authorized delegates to the Union Convention.
B. Other delegates and/or alternate delegates to the Union Convention shall be elected by the membership voting by secret ballot.
C. The Local shall determine the Convention votes assigned to each delegate in accordance with Article VIII of the Union Constitution.
D. It shall be the duty of the Secretary of the Local to certify the Local delegates to the Union Convention within the time limits specified in Article VIII of the Union Constitution. The President of the Local shall be the Chair of the delegation.
ARTICLE 10– LOCAL COMMITTEES
A. The Local shall have the following standing Committees:
- Membership Committee
- Legislative Political Action Committee
- Organizing Committee
- Elections Committee
- Education and Equity Committee
- Social Activities / Community Service Committee
- Editorial Committee
B. Members of all committees shall be appointed and removed by the Local President subject to the right of the Local Executive Board and Local Membership to overrule such appointments and removals by a majority vote.
C. Members of each committee shall elect a Committee Chair annually in the month of August to serve a one (1) year term. The Chair shall recommend potential new members to the President of the Local who shall approve or reject the recommendation.
D. Vacancies on committees shall be filled in the same manner as the original appointments.
E. Any member of a Local committee may be removed by a majority vote of the Local Executive Board subject as to the right of the Local to overrule the action of the Local Executive Board. A committee member may also be removed by the action of the Local membership in a Membership Meeting.
F. Duties of Committees:
1. Membership Committee – The Membership Committee shall accept or reject applications in accordance with the By-Laws and rules of this Local, and Article V of the Union Constitution and policies of the Union.
2. Legislative Political Action Committee – The Legislative Political Action Committee shall assist in developing and pursuing the programs of the Union and the Local in the Legislative/Political field. It shall be responsible for the Local’s program to register each unregistered qualified voter and apprise the Local of all pending Legislation affecting its members.
3. Organizing Committee – The Organizing Committee shall assist the Local Executive Board and members in organizing all non-union employees within the Local’s jurisdiction.
4. Elections Committee – The Elections Committee shall conduct all nominations, and elections and referenda of this Local.
5. Education and Equity Committee – The Education and Equity Committee shall assist in developing the Local’s Education program, and, with the Local Executive Board, be responsible for effectuating the Union and Local Educational and Equity programs.
6. Social Activities/Community Service Committee – The Social Activities/Community Service Committee shall assist in developing and assisting Community Service Programs wherein the interests or issues of the members are involved. It shall also plan and carry out the social activities of the Local.
7. Editorial Committee – The Editorial Committee shall be responsible for the Local newsletter. This includes news disseminated through the website, social media or electronically.
G. Other Committees may be formed or dissolved as necessary by the President or by recommendation of the Local Executive Board.
H. The formation of any group or body within the Local must be done in accordance with these
ARTICLE 11 – ORDER OF BUSINESS
A. The order of business at all Local Meetings shall be as follows:
- Call to Order
- Roll Call of Officers
- Secretary’s Report – Reading and Action on Minutes of Previous Meetings
- Treasurer’s Report – Reading and Action on Financial Report
- Report of Officers
- Report of Committees
- Old Business
- New Business
- Good & Welfare
B. The order of business may be suspended by a two-thirds (2/3) vote of the members present.
ARTICLE 12– LOCAL OFFICERS, EXECUTIVE BOARD, STEWARDS, AND THEIR DUTIES
Section 1 – Local Officers
- The Officers of the Local shall be:
- Local President
- Local Executive Vice President
- Local Secretary
- Local Treasurer
- Four (4) Vice President’s consisting of one from each bargaining unit:
a. Administrative/Clerical (A/C)
b. Professional (P)
c. Primary Level Supervisory (R)
d. Higher Level Supervisory (S)
- Nine (9) Area Representatives
These positions constitute the Executive Board of the Local.
- The duties of the Local Officers shall be as follows:
1. The Local President is ultimately responsible for and shall:
a. Conduct of all Local business.
b. Preside over Local Membership and Local Executive Board meetings.
c. Be an official member of all committees with the exception of the Elections Committee.
d. Be responsible for the prosecution of grievances and disciplinary actions and any appeal of them to higher levels when not satisfactorily settled.
e. Supervise all Local Committees with the exception of the Elections Committee.
f. Assist in the preparation of a budget in consultation with the Treasurer, which supports and reflects specific goals for the fiscal year.
g. Approval all bills to be paid and counter sign all checks drawn on the Local treasury.
h. Engage in collective bargaining as necessary.
i. Provide communication link between the membership and the Union.
j. Perform whatever additional duties may be assigned by the Local or as required by policy or the Union Constitution.
k. Attend the Union Convention as the Chair of the delegation.
- The Executive Vice President shall:
a. Preside during the President’s absence and at such time be fully vested with full all duties, authorities and powers as those delegated to the President;
b. Perform such other duties as may be assigned by the Local, the Local Executive Board or the Local President;
c. Attend Local Membership and Local Executive Board meetings.
d. Attend the Union Convention as a delegate.
- The Local Secretary shall:
a. Maintain a record of the Local Membership;
b. Record and maintain the minutes of all meetings of the Local and the Local Executive Board.
c. Within 15 calendar days from the date of any such meeting, cause a timely faithful written record to be made of the proceedings of the Local Membership and Local Executive Board meetings;
d. Maintain a copy of all meeting minutes.
e. Furnish the District Vice President and Secretary-Treasurer of the Union with copies of all changes to the Local Bylaws within ten (10) days after such changes are approved by the Local Membership;
f. Prepare and respond to all correspondence generated or directed by the President or Local Executive Board and maintain copies of such correspondence;
g. Perform such other duties as may be assigned by the Local Membership, the Local Executive Board or the President;
h. Call the roll of the Elected Officers of the Local at Local Executive Board and Local Membership meetings;
i. Attend Local Membership and Local Executive Board Meetings.
3A. Purpose of Minutes:
Minutes are the official, permanent record of the activities and official actions of the Local and must be taken at all meetings. Minutes serve as a reminder to the Executive Board and Membership of what went on at the last meeting. They should be retained indefinitely in the Local files as they may be necessary to substantiate Local actions at a future date.
- The Local Treasurer shall:
a. Be custodian of all assets of the Local;
b. Report to each Executive Board and Membership Meeting on the financial status of the Local;
c. Be bonded and ensure that any other persons who handle Local funds or other property be bonded in accordance with the Union Constitution, State or Federal laws;
d. Present for examination all books, papers, vouchers, etc. as the Local may direct or the President may require that may be necessary to properly audit the accounts;
e. Cause the payment of all bills approved by the Local President, or Local Executive Vice president in the President’s absence;
f. Ensure timely journal entries and reconciliation of all bank account statements and credit card statements;
g. Arrange for an annual yearend audit of the Local’s finances as required by the Union Constitution and law;
h. Arrange for the Auditor preparing the audit report to present and explain the annual report to the Local Executive Board and Local Membership;
i. Perform such other duties as may be assigned by the Local Executive Board, Local President or Membership;
j. Attend Local Membership and Local Executive Board meetings.
- The Local Bargaining Unit Vice Presidents shall:
a. Work under the direction of the Local President, coordinating issues of the bargaining units they represent;
b. Perform whatever duties may be assigned by the Local, the Local Executive Board, or the Local President;
c. Attend Local Membership and Local Executive Board meetings.
d. Be responsible for coordinating matters of common concern and interest with issues that affect the Local membership or workers within their respective bargaining units; and coordinate with Local staff and Area Representatives to address such matters.
- Nine (9) Area Representatives of the Local shall be numbered (1), (2), (3), (4), (5), (6), (7), (8), (9), and shall:
a. Be responsible for coordinating matters of common concern and interest with issues that affect the Local membership or workers within their respective areas; and coordinate with Local staff and Bargaining Unit Vice Presidents to address such matters.
b. Perform such duties as may be assigned by the Local Membership, the Local Executive Board or the Local President.
c. Attend Local Membership and Local Executive Board meetings.
d. Area Representative (1) shall, in addition to his/her other duties, be responsible for the interests of those workers in the Department of Treasury, excluding the Division of Taxation, Division of Revenue and Enterprise Services, and the Division of Pensions, not covered by other CWA Locals.
e. Area Representative (2) shall, in addition to his/her other duties, be responsible for the interests of those workers in the Office of the Public Defender and the Department of Law & Public Safety, excluding those workers in the Division of State Police within the Department of Law and Public Safety, not covered by other CWA Locals.
f. Area Representative (3) shall, in addition to his/her other duties, be responsible for the interests of those workers in the Department of Education, including the Katzenbach School for the Deaf, Thomas Edison State College Library, Thomas Edison State College Talking Book and Braille Center, Department of Children and Families Office of Education, and Department of Children and Families Regional Day School, not covered by other CWA Locals.
g. Area Representative (4) shall, in addition to his/her other duties, be responsible for the interests of those workers in the Department of State, Department of Military and Veterans Affairs, and Department of Human Services Division of Aging, not covered by other CWA Locals.
h. Area Representative (5) shall, in addition to his/her other duties, be responsible for the interests of those workers in the Division of Taxation within the Department of Treasury, not covered by other CWA Locals.
i. Area Representative (6) shall, in addition to his/her other duties, be responsible for the interests of those workers in the Motor Vehicle Commission, not covered by other CWA Locals.
j. Area Representative (7) shall, in addition to his/her other duties, be responsible for the interests of those workers in the Division of Pensions and the Division of Revenue and Enterprise Services within the Department of Treasury, not covered by other CWA Locals.
k. Area Representative (8) shall, in addition to his/her other duties, be responsible for the interests of those workers in the Department of Banking and Insurance, and the Real Estate Commission, not covered by other CWA Locals.
l. Area Representative (9) shall, in addition to his/her other duties, be responsible for the interests of those workers in the Division of State Police within the Department of Law and Public Safety, and the State Parole Board, not covered by other CWA Locals.
m. Vacancies created by new positions shall be filled in accordance with Article 14, Section 4 of these Bylaws.
Section 2 – Local Executive Board
A. The Local Executive Board shall:
1. Be responsible for making decisions and taking action on behalf of the Local membership on all matters concerning the good and welfare of the members;
2. Meet at least once in every calendar month. The President shall call Executive Board meetings at times and places which best serve the needs of the Local. Whenever a majority of the members of the Local Executive Board request the President to call a meeting thereof, it shall be mandatory upon him/her to do so within ten (10) days.
3. Cause an annual budget to be prepared and presented to the Local Membership;
4. Be responsible for the operation of strike action procedures as outlined in the Union Constitution;
5. Act on all motions or appeals for donations of funds for public charities of kindred purposes;
6. Perform such duties as the Local Membership may impose.
B. Actions and decisions of the Local Executive Board shall be subject to Article 7, Section C of these Bylaws.
C. Fifty percent (50%) of the Local Executive Board shall constitute a quorum.
Section 3 – Local Stewards
A. The Local shall have as many Stewards and Chief Stewards as may be appointed by the Local President.
B. The duties of the Local Stewards and Chief Stewards shall be as follows:
1. Work under the direction of the Local President or Bargaining Unit Vice President;
2. Process grievances at the first and other such steps as the President or Local may direct. Have the ability to perform the duties outlined in the CWA Strong Stewards Skills program.
3. Perform whatever duties may be assigned by the Local Executive Board or the Local President.
C. Local 1033 Shop Stewards and Chief Stewards must attend a minimum of three (3) Local Membership Meetings per calendar year in order to maintain good standing and be redesignated the following calendar year.
1. Illness, weather conditions, Union assignments, Civil Service Testing conflicts, work schedules, overtime, and scheduled vacations may be valid reasons to be excused by the Local President providing notification was given to the Local prior to the start of the meeting.
Section 4 – Recall of Officers
1. 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 Union Constitution.
2. All recall vote of the membership must meet the procedural requirements which apply to the election of officers.
ARTICLE 13 – Conduct of Meetings
A. Local Membership Meetings and any other business of this Local shall be conducted under these Bylaws and rules of the Local in conformity with the Union Constitution. On questions where the Local Bylaws, Local rules or the Union Constitution do not clearly apply, Robert’s Rules of Order shall govern.
B. Seventy-five (75) members shall constitute a quorum at Local Membership Meetings. A majority of members of a committee shall constitute a quorum of those bodies.
ARTICLE 14 – Nominations and Elections of Local Officers and Members of Governing Board
Section 1 – Nominations and Elections
A. Local Executive Board members shall be nominated in the month of September and elected in the month of October.
B. Candidates for President, Executive Vice President, Secretary and Treasurer must have a signed petition containing 200 signatures of Local members in order to run for office
C. Candidates for Unit Vice Presidents must have a signed petition containing the required number of signatures of Local members within their respective units in order to run for office:
• Administrative/Clerical Vice President 60
• Professional Vice President 25
• Primary Level Supervisory Vice President 25
• Higher Level Supervisory Vice President 5
D. Candidates for Area Representative must have a signed petition containing 30 signatures of Local members in order to run for office.
E. Nominating petitions, containing original signatures, must clearly show the name and specific office being sought by the nominee. This information must appear, along with the signatures of Local members, both printed and signed, on each page of a nominating petition. Signatures appearing on a petition without this information will not be heeded or counted.
In order for a candidate’s name to appear on the official ballot, a nominee must submit a nominating petition certified by the Local Elections Committee bearing the requisite signatures. There will be no opportunity for write-in votes on the official ballots Nominating petitions submitted after the cut-off date and time selected and published by the Local Elections Committee will not be accepted.
If only one (1) nominating petition is submitted for a particular office and duly certified by the Local Elections Committee, that person so nominated will be declared elected and certified the winner by the Local Elections Committee for that particular office. If a nominee is declared elected, ballots for that elected office will not be sent out to the Local Membership.
F. The offices of President, Executive Vice President, Secretary and Treasurer shall be elected by the membership-at-large.
The offices of Vice President of each of the Bargaining units shall be elected by members of their respective bargaining unit.
The offices of Area Representatives shall be elected by members of their respective jurisdictions.
G. All candidates shall be active members of Local 1033. Candidates for Bargaining Unit Vice Presidents and Area Representatives shall be active members, employed within, on leave from, or retired from their jurisdictions.
Section 2 – Local Elections Committee
A. The nomination and election of Local Officers, delegates and alternates to the Union National Convention shall be conducted under the supervision of the Local Elections Committee. This committee shall have the authority and responsibility to see that all nominations and elections are conducted in accordance with the Union Constitution and these Bylaws.
B. The Local Elections Committee shall conduct any referenda submitted to the membership.
C. A member shall not be permitted to serve on the Local Elections Committee if he/she is a candidate for any office of the Local or a delegate to the Union Convention.
D. Questions concerning the policies, rules and election procedures established by the Local Elections Committee shall be brought to the Local Elections Committee at any time during the nomination and election period. The Local Elections Committee shall render a decision within ten (10) calendar days of receipt. This does not replace the requirements for an appeal under Article XV, Section 4 of the Union Constitution.
E. All questions concerning the procedures, conduct and challenges of elections shall be determine by the Local Elections Committee in accordance with Article 15, Section 4 of the Union Constitution, subject to the right of appeal to the Local Executive Board and/or the Local Membership, in that order.
Section 3 – General Provisions
A. The nominee in the election for President, Executive Vice President, Secretary and Treasurer receiving the majority of votes shall be declared elected. In case no one nominee receives a majority of votes cast, the Elections Committee shall conduct a runoff election. The two nominees having the greatest number of votes on the first ballots shall be the nominees on the second ballot. All other positions shall be determined by plurality vote.
B. Only active members of the Local in good standing who have been paying full dues consecutively for at least nine (9) of the twelve (12) months prior to the date of an election announcement shall be eligible to hold elective office.
The nine (9) month minimum dues paying period shall not apply to eligibility for elected officers in newly organized units, that is, units which have been certified for less than one (1) year.
C. The term of office for all elected positions shall be three (3) years.
D. The newly elected Officers shall take office at the November Membership Meeting.
E. Members who have signed cards but are currently not working, who have paid dues a minimum of three (3) months in the twelve (12) months preceding any announced election, and who have not severed their connection with their employer (except by means of retirement) shall be eligible to vote in said election.
Section 4 – Vacancies
A vacancy in the Office of Local President shall be filled by the Local Executive Vice President. Vacancies in other offices shall be filled by appointment of the President for the remainder of the term, subject to approval of the Local Executive Board and Local Membership within two (2) months.
ARTICLE 15 – Strikes
The calling, conduct, termination of strikes affecting this Local shall at all times be carried out in compliance with the rules prescribed by the Union Constitution.
ARTICLE 16 – Charges, Trials and Appeals
Charges, trials and appeals shall be conducted in accordance with the provisions of Articles XIX and XX of the Union Constitution.
ARTICLE 17 – Recall of Local Officers
Any elected Officer of this Local may be recalled in accordance with the provisions of Article XXI of the Union Constitution.
ARTICLE 18 – Referendum of the Local
A. The Local Elections Committee shall submit any question to referendum by directive of a majority of the Local Executive Board or regular or Special Membership Meeting.
B. Questions submitted to referendum shall be by secret ballot and shall be determined by majority vote.
ARTICLE 19 – Fiscal Year and Audit
A. Commencing in October, 1990, the fiscal year of this Local shall be from October 1st of each year through September 30th.
B. The financial records of the Local shall be audited by a Certified Public Accountant at the end of each fiscal year. The results of such audit shall be made available for inspection of any member of the Local.
ARTICLE 20 – Oath of Office
Each elected Officer of the Local, after meeting all other qualifications, shall be duly installed upon taking the following oath of office:
“I, (give name), hereby accept the office of (name of office) of the Communications Workers of America, Local 1033, with full knowledge of the responsibilities and duties of such office.”
“I promise to faithfully discharge my duties according to the Bylaws and rules of the Local and the policies of the Union Constitution. I further promise to give my successor in office all books and records in my possession. I shall at all times endeavor to serve my Local and the Union to the best of my ability.”
ARTICLE 21– Adoption
These Bylaws shall be adopted upon the approval of a majority of the members voting upon their Adoption at a Local Membership Meeting or referendum called for that purpose.
These Bylaws adopted: November 1, 1981
Revision #1 adopted: May 18, 1982
Revision #2 adopted: September 11, 1984
Revision #3 adopted: October 22, 1985
Revision #4 adopted: November 28, 1989
Revision #5 adopted: June 25, 1996
Revision #6 adopted: September 25, 1997
Revision #7 adopted: January 28, 1999
Revision #8 adopted: January 29, 2004
Revision #9 adopted: November 18, 2004
Revision #10 adopted: January 30, 2020
ARTICLE 22 – Amendments to Local Bylaws
After adoption, these Bylaws may be amended by either of the following methods:
A. Majority vote of the members present at two (2) successive Local Membership Meetings, if the proposed amendments have been introduced at a Local Membership Meeting immediately prior to the one at which the first vote will be held or has been advertised to the membership by use of the United States Postal Service at least seven (7) days in advance of the meeting at which the first vote will be taken;
B. Referendum of the Membership.
C. If it is necessary to amend the By-Laws in order to increase dues or initiation fees, the
amendment must be by secret ballot either at a Local Membership Meeting or by