CWA Constitution Continued

As Amended July 2011

Articles

Permanent Rules Governing Conduct of CWA Conventions

I. Complaints against the Local, its officers or governing body
II. Complaints against the Union, its officers or Executive Board
III. Arbitration Complaints

Notice Regarding Union Security Agreements and Agency Fee Objections

CWA Policy on Discrimination

(f) To participate actively in the political and legislative processes on a city, state, provincial and national level, with special regard to legislation affecting the welfare of the members, and do all things reasonable and necessary to accelerate the adoption of laws which may be beneficial and to encourage defeat or cause the repeal of laws which may be detrimental to the workers;

(g) To respect picket lines of any Local of the Union engaged in a strike authorized and conducted in accordance with this Constitution;

(h) To provide for the bonding of Local Officers and other persons who handle Union funds and property;

(i) To hold Local meetings at such time, place and frequency as the members may decide by vote;

(j) To hold Local elections by secret ballot with provision of reasonable opportunity for all members to vote in accordance with the Bylaws or Rules established by the Local and this Constitution;

(k) To elect by secret ballot delegates and alternate delegates to the Union Convention as provided in this Constitution and to designate the Chair of such delegation;

(l) To establish a quorum and other rules of conduct of Local meetings;

(m) To maintain adequate files and records and have made an annual audit of the financial records of the Local by competent persons; make available Local financial statements to the membership at least annually; furnish to the Union’s Secretary-Treasurer in acceptable form, an annual financial statement;

(n) To furnish the Vice President and Secretary-Treasurer of the Union with copies of Bylaws and Rules of the Local and copies of revisions as they may be made;

(o) To require participation of all Local officers and stewards in appropriate training schools and programs;

(p) To establish a program designed to keep rank and file members informed of Union activities;

(q) To process grievances through the step below the top level of the grievance procedure preceding arbitration, where applicable;

(r) To represent the members of the Local at all District, State or Area Meetings, and at quarterly meetings of Local Representatives with their International Staff, at such times and places as may be set by the Vice President, or the Vice President’s accredited representative;

(s) To maintain an active internal membership development program;

(t) To maintain an active organizing program and budget monies to support the Local’s efforts as well as assisting the Union in reaching a goal of 10% of resources to be spent on growth;

(u) To do all other things necessary for the proper disposition of matters, which may come before the Local for consideration.

Section 10—Contract Responsibility

No Local shall be authorized to make contracts or incur liabilities for the Union.

Section 11—Assets

All assets of a Local shall be considered a trust fund of the Union to be held and administered by the Local for the members of the Union belonging to the Local so long as the Local remains a charteredLocal of the Union. If the Charter of a Local is revoked, its assets will become the property of the Local succeeding to the jurisdiction. If there is no succeeding Local, the assets shall become the property of the Union.

Section 12—Prohibition Against Incorporation

No Local shall be or become incorporated under the laws of any state, territory or country unless otherwise required by law.

Article XIV—Councils

Section 1—State and City Councils

(a) State Councils may be established under the direction of the Vice President(s) in all states where the Union has a significant presence as determined by the Executive Board.

(b) In cities where there is more than one chartered Local, Councils may be established under the direction of the Vice President of the geographical District.

Section 2

Each Council shall consist of representatives of Locals within the state or areas of the respective Council.

Section 3

Councils shall operate under rules they may adopt which are approved by the Vice President(s).

Section 4

Councils shall be financed by participating Locals.

Article XV—Elections

Section 1—Union Officers

The President and Secretary-Treasurer of the Union shall be elected separately by secret ballot of the delegates to the Convention following nominations made from the floor of the Convention. Beginning with the election of 2011 the term of office shall be four years or until their successors have been duly elected and qualified.

Section 2—Vice Presidents and PPMWS Executive Officer

(a) District Vice Presidents shall be elected by a secret ballot, after nominations from the floor, at a meeting of delegates from the District. Beginning with the 2011 CWA Convention, there shall be elected a Telecom and Technology Vice President for AT&T Legacy T, Avaya, Alcatel-Lucent, OFS and those bargaining units of telecommunications employees other than AT&T, Verizon, Qwest and their subsidiaries and affiliates. The Telecom and Technology Vice President, and the Public, Health Care and Education Workers Vice President shall be elected by secret ballot, after nominations from the floor at meetings of delegates representing members of AT&T Legacy T, Avaya, Alcatel-Lucent, and OFS and affected telecommunications bargaining units and Public, Health Care and Education workers units respectively.

(b) The duly elected President of the Printing,
Publishing and Media Workers Sector of CWA shall be the CWA Printing, Publishing and Media Workers Sector Executive Officer and shall be elected in accordance with the Sector Bylaws and the CWA Constitution. The duly elected President of the TNG-CWA Sector shall be the TNG-CWA Sector Vice President and shall be elected in accordance with the CWA Constitution and the merger agreement. The duly elected NABET-CWA President shall be the NABET-CWA Sector Vice President and shall be elected by delegates representing NABET-CWA members in accordance with the CWA Constitution
and NABET-CWA Sector Bylaws. The duly elected President of the IUE-CWA Division shall be the IUE-CWA Division Vice President and shall be elected in accordance with the IUE-CWA Rules and the CWA Constitution. The duly elected President of the AFA-CWA Sector shall be the AFA-CWA
Sector Vice President and shall be elected in accordance with the AFA-CWA Rules and the CWA Constitution.

(c) Beginning with the election of 2008, each At-Large Diversity Executive Board Member shall be elected by secret ballot of the delegates to the Convention following nominations made from the floor of the Convention. Beginning with the elections held in 2011, the term of office for At-Large Diversity Executive Board Members shall be four years. No candidate shall be permitted to run for more than one of the four At-Large Diversity Executive Board seats. A candidate for an At-Large Diversity Executive Board seat must hold their membership within the region represented by that seat.

(d) Beginning in 2011, the term of office of Vice President and PPMWS Executive Officer shall be four years or until their successors have been duly elected and qualified.

(e) In the event a vacancy occurs in the Office of Vice President, PPMWS Executive Officer, or At-Large Diversity Executive Board Member for any reason, an election shall be held at the next regular Convention for the purpose of electing a Vice President, PPMWS Executive Officer, or At-Large Diversity Executive Board Member to fill the unexpired term.

Section 3—Local Officers

(a) Local Officers shall be nominated and elected during the months of September, October, November and December.

(b) Officers of a Local shall be at least President, Vice President, and Secretary-Treasurer or Secretary and Treasurer. Beginning with Local elections in 1987, no member shall be permitted to hold more than one such office.

(c) Beginning with the elections held in 1972, the term of office for Local Officers shall be three years or until their successors have been duly elected and qualified.

(d) In case of a vacancy in the office of Local
President, the Local Vice President shall immediately assume all responsibilities of that office; provided, however, that where a Local has more than one Vice President, the Local Bylaws or Rules shall provide the procedure for designating one of the Vice Presidents to immediately assume the responsibilitiesof the Office of President. Vacancies in other Local offices shall be filled either by appointment of the governing body of the Local, subject to approval of the appointment by the Local membership within sixty (60) days or by election in the same manner as that required for regular elections and within sixty (60) days. A Local may provide in its Bylaws or Rules for the appointment of a member to fill temporarily a vacancy until the office is filled by election. A Local may also provide in its Bylaws or Rules for filling a vacancy in the Office of President
by election, and in such case, the Local Vice President, as provided above, shall assume all responsibilities of the Office of Local President until a successor Local President has been elected and qualified.

Section 4—General Provisions

(a) Locals shall adopt Bylaws or Rules to govern the nomination and election of officers, members of a governing body, delegates and alternate delegates; the appointment, selection or election of stewards and committee members; and the filling of vacancies. Locals shall select an election committee which shall conduct all elections and referenda in accordance with the Constitution, Local Bylaws or Rules, and Federal or Provincial Law. All questions concerning the conduct and challenge of elections shall be determined by the election committee
subject to the right of appeal to the governing body and membership of the Local. The election committee shall tally the ballots in all elections and notify the membership of its tentative certification of the results. Absent a challenge to the election, the tentative certification shall become final ten days thereafter.

(b) Any challenge to the conduct of an election must be filed in writing with the election committee within 10 days of the tentative certification of the results. The election committee shall rule on any such challenges and shall within 20 days of the tentative certification of the results make a final determination or certification. Such determination or certification shall be subject to the right of appeal to the governing body and to the membership of the Local. Any appellant must exhaust the remedies available within this section. If the appellant has
attempted to exhaust such remedies without obtaining a final decision within 60 days of the tentative certification of the results, the appellant shall have the right to file an appeal in writing with the appropriate geographical Vice President. Such an appeal shall be filed within 70 days of the tentative certification of the results.

(c) While a challenge to an election is pending, the officers certified by the election committee in its final determination shall be the elected officers of the Local. Those officers shall remain in office unless the election committee’s determination is reversed by the Executive Board of the Union or a new determination is made pursuant to the results of a properly ordered rerun election.

(d) Only members of the Union in good standing shall be eligible to vote or hold elective office. No elected officer of the Union or of a Local shall take office unless the elected officer is eligible under the Constitution and Federal or Provincial Law.

(e) The election by Locals of officers, members of a governing body, and delegates and alternate delegates to the Union Convention shall be by secret ballot among the members in good standing. The nominee in any election receiving a majority of the votes cast shall be declared elected; provided, however, that Locals may provide in their Bylaws or Rules for the election of candidates by a plurality of the votes cast in any election, other than an election
of Local President, Vice President, Secretary, Treasurer and Secretary-Treasurer.

(f) In the case of elections requiring a majority vote, if no one nominee receives a majority on the first ballot, a run-off election shall be conducted and the two nominees receiving the greatest number of votes on the first ballot shall be the nominees on the second ballot. If no one nominee receives
a majority on the first ballot and there is a tie for second place, a run-off election shall be conducted and the person receiving the greatest number of votes on the first ballot and the two persons who tied for second place shall be the nominees on the second ballot.

(g) In the case of elections requiring a plurality vote, if a tie renders the election indecisive for any position, a run-off election shall be conducted and the nominees who tied for such position on the first ballot shall be the nominees on the second ballot.

Section 5—Order of Nomination and Election of Officers of the Union

The sequence of nomination and election of Union Officers shall be as follows:

(a) President;

(b) Secretary-Treasurer;

(d) At-Large Diversity Executive Board Members. The nomination for At-Large Diversity Executive Board Member seats shall be conducted separately.
A majority vote shall be required for election to each At-Large seat. If no candidate receives a majority vote for an At-Large Diversity seat on the first ballot, a run-off election shall be conducted and the two nominees receiving the greatest number of votes on the first ballot for that individual seat shall be the nominees on the second ballot for that individual seat.

Section 6 – Canadian Region Elections

Elections for the post of Director and Deputy Director of CWA-SCA Canada shall be held in full conformity with the requirements of law and the CWA
Constitution, as provided in the CWA-SCA Canada Bylaws. The Director and Deputy Director of CWA-SCA Canada shall be elected for four-year terms in the same cycle as the CWA Executive Board.

Section 7 – PPMWS Executive Officer

Elections for the post of PPMWS Executive Officer shall be held in full conformity with the requirements of the Sector Bylaws and the CWA Constitution. The PPMWS Executive Officer shall be elected to four-year terms in the same cycle as the other CWA Executive Board members.

Article XVI—Committees

Section 1—Regular Committees

The Regular Committees of the Union shall be:

(a) Constitution Committee;

(b) Credentials Committee;

(d) Legislative-Political Committee;

(e) Building Committee;

(f) Finance Committee;

(g) National Committee on Civil Rights and Equity;

(h) Women’s Committee;

(i) Defense Fund Oversight Committee

Section 2—Constitution Committee

The Constitution Committee shall be appointed by the President and approved by the Executive Board. It shall consist of five members and be charged with the duty of considering and reporting to the Convention and to the Executive Board on proposals to change this Constitution.

Section 3—Credentials Committee

The Credentials Committee shall consist of not less than seven members appointed by the President and approved by the Executive Board. It shall meet prior to the opening date of each Convention for the purpose of examining the credentials of delegates and reporting thereon to the Convention. Action taken by the Convention on reports and recommendations of the Credentials Committee shall be final and conclusive.

Section 4—Resolutions Committee

The Resolutions Committee shall consist of not more than seven members, none of whom shall be full-time employees of the Union or members of the Executive Board, appointed by the President
and approved by the Executive Board. It shall meet prior to the opening date of the Convention for the purpose of giving consideration to the form and substance of proposed resolutions submitted through the Locals and by members for action by the Convention. The Committee may also originate resolutions for submission to the Convention. The Committee shall serve throughout the Convention.

Section 5—Legislative-Political Committee

The Legislative-Political Committee shall consist of such members as may be appointed by the President and approved by the Executive Board. It shall execute such assignments with regard to legislation as the Executive Board or the Convention may direct.

Section 6—Building Committee

The Building Committee shall be appointed by the President and confirmed by the Executive Board. It shall be composed of five members. The Building
Committee shall manage and control, under the direction of the Executive Board and subject to the functions of the Secretary-Treasurer with respect to the making of disbursements connected therewith, any and all real estate which the Union may acquire for use as International or District headquarters or for the furtherance of any legitimate objectives of the Union. The members of the Building Committee for the time being, shall serve as trustees for the Union, under the direction of its Executive Board, for the purpose of acquiring and holding title to, managing, controlling, borrowing money upon, pledging by way of mortgage or deed of trust any loan secured thereon, leasing, letting, subletting and conveying in fee simple or in any lesser estate any and all real estate which may be acquired or otherwise dealt with for or on behalf of the Union. The foregoing powers shall be exercised only at such times and in such manners as the Executive Board may, from time to time, direct by resolution passed by the Executive Board.

The Executive Board shall have the full and
irrevocable power to appoint a substitute trustee or trustees to be exercised at any time, from time to time, without notice and without specifying any reason therefore, the trustee or trustees so appointed
to become fully vested with identically the same title and estate in and to the land, premises and property forming the subject matter of the trust, with all the rights, powers, trusts and duties of the trustee or trustees or their predecessor in the trust, with like effect as if originally named as one of the trustees.

Section 7—Finance Committee

The Finance Committee shall consist of five members,
the Secretary-Treasurer of the Union and four members appointed by the President and approved by the Executive Board. The Secretary-Treasurer shall be the only member of this Committee who is a full-time employee of the Union or a member of the Executive Board and the Secretary-Treasurer shall not serve as Chair of the Committee.

The Committee shall meet prior to the assembling of the regular Convention at the call of its Chair and review the financial operations of the Union for the preceding year including the audits of the books of the Secretary-Treasurer.

The Committee shall make a report of its findings to the Convention and make recommendations to the Convention including a budget for the succeeding year’s operations.

The Committee shall meet in non-Convention years and review the financial operations of the Union for the preceding year, including the audits of the books of the Secretary-Treasurer. The Committee shall make a report of its findings and make recommendations which will be distributed to the locals by the Secretary-Treasurer of the Union.

Section 8—National Committee on Civil Rights and Equity

The National Committee on Civil Rights and Equity
shall consist of one member from each CWA District appointed by the President and approved by the Executive Board. In Convention years, the Committee shall meet at least once a year and also prior to Convention to report to the Convention on its activities and make recommendations. In non-Convention years, the Committee will meet once and prepare a report on its activities and make recommendations which will be distributed to the locals by the President of the Union.

Section 9—Women’s Committee

The Women’s Committee shall consist of one member from each District appointed by the President and approved by the Executive Board. In Convention years, the Committee shall meet at least once a year and also prior to Convention to report to the Convention on its activities and make recommendations. In non-Convention years, the Committee will meet once and prepare a report on its activities and make recommendations which will be distributed to the locals by the President of the Union.

Section 10—Defense Fund
Oversight Committee

The Defense Fund Oversight Committee (DFOC) shall consist of one representative from each CWA District, one representative from the Public Workers Sector, one representative from the IUE Division, one representative from the Airline Industries and one representative from the Media Sectors (TNG-CWA, NABET-CWA and PPMWS). The election of the DFOC representatives and their alternates shall be conducted as established by the CWA Convention and shall be for four-year terms. The Committee shall meet at least twice a year and at the Convention. In non-Convention years, the Committee will meet and prepare a report on its activities and make recommendations which will be distributed to the locals by the President of the Union. In accordance with the Rules adopted by the Convention, the Committee is responsible to review receipts, disbursements, educational programs, administration and investment of the Defense (DF) and Robert Lilja Members’ Relief Funds (RLMRF), and shall have oversight for the Strategic Industry Fund (SIF).

Section 11—Other Committees

The Convention, or the President with the approval of the Executive Board, may appoint such other committees as may from time to time be necessary.

Section 12—Vacancies on Committees

Except as otherwise required by this Constitution, whenever a vacancy occurs on any Committee, the President, with the approval of the Executive Board, may appoint a member to serve for the
unexpired term of the Committee.

Article XVII—Collective Bargaining

Section 1—Bargaining Authority

(a) The Communications Workers of America shall be the collective bargaining representative of the members of the Union.

(b) Collective bargaining within the established
bargaining unit or units shall be conducted under the direction of the Executive Board of the International Union and all contracts or agreements entered into shall be in the name of the International Union and bear the signature of approval of an authorized agent or representative of the International Union.

(c) Subjects for negotiations through collective
bargaining may be initiated by representatives of the bargaining unit or units to be affected but must be approved by the applicable Bargaining Council, the Executive Board or its authorized representative before submission to any employer. This paragraph shall not be construed to restrict the presentation and submission of grievances through established channels of the administrative organization of the Units and the International Union.

Section 2—Bargaining Councils

(a) The Convention or the Executive Board may establish Bargaining Councils. Bargaining Councils will formulate bargaining programs and agendas to apply to a single employer, associated employers or a number of employers, but limited to those agendas and programs affecting bargaining units represented on a Bargaining Council. The Executive Board shall be responsible for the development of bargaining
programs for those units or groups for which Bargaining Councils have not been established.

(b) Bargaining Councils shall be composed of one Representative from each Local having members in bargaining units of the Bargaining Council, and they shall be certified to the President of the Union.

(c) At meetings of the Bargaining Council, Local
representatives shall vote by a show of hands
except that upon the request of twenty percent (20%) of the delegates the vote shall be per capita (based on the number of members of the Local in bargaining units of the Bargaining Council). All
necessary expenses of the Local’s Bargaining Council members shall be borne by the Local. The officers of the Union and members of the Executive Board may be appointed members of a Bargaining Council as determined by the Convention or the Executive Board.

(d) Bargaining Councils shall meet at the call of the President of the Union. The President may, with the approval of the Executive Board, designate a person to work with the Bargaining Council, and the President or the President’s designee shall be the Chair of all Bargaining Council meetings.

Section 3—Bargaining Committees

(a) The members of a bargaining unit, by popular vote, through delegates representing them at a Convention, or by any other method approved by the Executive Board, may select the members of a Bargaining Committee for its unit to represent the members of the unit in contract negotiations and determine their terms of office, subject to such financial and numerical limitations as may be imposed by the International Union and such other limitations as may be set out in this Constitution. The Bargaining Committee for a unit, for its full term of office, shall be consulted in the negotiation of all agreements entered into between the employer and the Union that amends or augments the agreed upon contract.

(b) All methods used to select Bargaining Committees shall assure fair representation for all segments of the bargaining unit. Disputes over the method used shall be resolved by the Executive Board, subject to appeal to the Convention, with the decision of the Board standing pending final appeal. As provided more fully in Article IX, Section 7, commencing
immediately after the 2011 CWA Convention, all
appeals pending in non-Convention years may
be heard and resolved by delegates to a Local President’s Meeting.

Section 4—Contract Ratification

Any contract entered into through collective
bargaining, or otherwise dealing with wages, hours, terms of employment or other conditions of employment shall be subject to ratification by secret ballot of the members affected if the delegates to an International Convention representing such members, or representatives at a Bargaining Council meeting, or the members themselves
determine ratification to be desirable. Procedures for ratification shall be established by each Bargaining Council, or by the Executive Board for those
contracts for which a Bargaining Council has not been established.

Article XVIII—Strikes

Section 1—Authorization

A Local or group of Locals shall strike as provided in this Constitution. Approval of the Executive Board of the Union shall be obtained before strike action may be taken.

Section 2—Notification

After a strike vote has been taken by a Local or groups of Locals in a District or Region and a strike is imminent, the Vice President, PPMWS Executive Officer, or the Director of the CWA-SCA Canada shall notify the President of the Union in writing.

Section 3—Executive Board Action

(a) The Executive Board of the Union shall be
advised by the President that a strike is imminent and shall immediately determine the action to be taken;

(b) Within ten (10) days after such notice has been received, the Executive Board of the Union shall determine whether strike action is approved;

(c) In deciding whether to approve strike action,
the Executive Board of the Union shall consider
all factors connected therewith. If approved, the Executive Board of the Union shall assist therein and direct the support to be given by the Union.

Section 4—Penalties for Unauthorized Strikes

(a) Any Local engaged in a strike which is called
in violation of this Constitution or without approval of the Executive Board of the Union or the Convention may be denied financial, organizational or other
assistance from the Union or any portion thereof.

(b) When a Local continues to engage in a strike that is not approved as provided in this Article or refuses or fails to terminate a strike when so ordered by the Convention or by the Executive Board of the Union, the Executive Board of the Union or the Convention may institute Charter revocation proceedings in accordance with Article XIII of this Constitution with respect to the offending Local.

Section 5—Convention Approval of Strike

A strike of a Local or group of Locals may be
approved by the Convention.

Section 6—Procedure for Local Strike Vote

In taking a strike vote Locals shall act in accordance with the following minimum requirements:

(a) The Locals shall, upon reasonable notice,
call a meeting of its members, wherever feasible, and present the issue or issues involved in the proposed strike;

(b) The members present at such meeting shall vote by secret ballot on the question of whether or not a strike shall be called;

(c) Where meetings cannot, feasibly, be called, a secret ballot shall be taken of the members, by mail or otherwise, on the question of whether or not a strike shall be called;

(d) A majority of the members voting shall determine whether or not a strike shall be called;

(e) Copies of notice of the result of strike vote shall be sent to the Vice President or Executive Officer and to the President of the Union.

Section 7—Local Strike Assistance

When Locals, not directly involved in the negotiations, the breakdown of which has caused or is about to cause a strike, desire to aid the striking Local or
Locals by strike action, they shall first notify the Vice President or Executive Officer and President of the Union of such desire, and, if they receive approval by the Convention or the Executive Board, they shall proceed according to the provisions of Section 6 of this Article.

Section 8—Termination of Local Strikes Within a District

(a) A Local or Locals engaging in a Local strike may terminate such strike in accordance with Local Bylaws and Rules and approval of the Vice President or Executive Officer.

(b) The Convention or Executive Board may terminate such strike by majority affirmative vote.

Section 9—General, Inter-District or
Intra-District Strike

A General, Inter-District or Intra-District strike of all Local or Locals in more than one District may be called following:

(1) Authorization by a majority of the Union members affected who vote on the question, by secret ballot, at special meetings or by mail ballot in those Locals where Local meetings are not feasible.

(2) Authorization by a majority of the Union members affected who vote on the question in a referendum conducted by the Union.

Section 10–Conduct and Termination of a General or Inter-District Strike

(a) Except as provided in (b) below, such strikes shall be conducted under the supervision of the Union and may be terminated by the Convention or Executive Board;

(b) Strikes against a single employer which involve multiple bargaining units and cross district lines shall be conducted under the supervision of the Union and shall be terminated by the Convention or the Executive Board;

(c) Strikes terminated by the Convention or the Executive Board pursuant to (a) or (b) above shall be by majority affirmative vote.

Article XlX—Charges Against Members

Section 1—Specifications of Offenses—Locals

Members may be fined, suspended and/or expelled by Locals in the manner provided in the Constitution for any of the following acts:

(a) Making false material statements or withholding material information when applying for membership;

(b) Willfully refusing to pay dues or assessments properly established or fines properly imposed or other valid financial obligations to the Union or Local;

(d) Disobeying or willfully failing to comply with any lawful decision or order of the Union or Local;

(e) Working without proper Union authorization, during the period of a properly approved strike in or for an establishment which is being struck by the Union or Local;

(f) Instigating or knowingly participating in an
unauthorized strike or slowdown;

(g) Willfully violating the adopted standards as to wages, hours or working conditions;

(h) Misappropriating money or property of the Union or Local;

(i) For such other offenses, equally serious, which tend to bring the Union or Local thereof into disrepute.

Section 2—Specifications of Offenses
—Union

Members may be suspended or expelled by trial courts selected by the Executive Board of the Union in the manner provided in the Constitution for any of the following acts:

(a) Willfully supporting or assisting any other labor organization in connection with a claim of jurisdiction in conflict with the jurisdiction of the Union;

(b) Willfully supporting or assisting any person, group of persons, or organization in any act or activities for the purpose of seeking or obtaining the replacement of the Union as collective bargaining representative.

Section 3—Suspension Pending Trial

An officer of the Union, member of the Executive Board, Local officer or other elected official against whom charges have been filed for conduct set forth in Paragraphs (a) and (b) of Section 2 of this Article may be suspended from office by a two-thirds (2/3) vote of the Executive Board pending final determination of the charges by a trial court or any appeal resulting from such trial, where such suspension is determined by the Executive Board to be in the best interest of the Union.

Section 4—Non-Immunity

No member of the Union shall be immune from penalty for committing any of the offenses set forth in this Article by reason of the position or office the member may hold in the Union or any Local thereof.

Article XX—Trials and Appeals—General Membership and Officers of Locals

Section 1—Persons Subject to Trial

(a) Members of the Union, including Officers of Locals, shall be tried for any of the offenses listed in Article XIX as provided herein;

(b) Officers of a Local may be removed or suspended from office pursuant to Article IX, Section 4, Paragraph (b) as herein provided, excepting that the Executive Board of the Union may conduct such trials after notice to the Locals involved, on its own initiative in the event of inaction by the Local. The procedure for such trial shall be in conformity with the standards set forth in Sections 2, 3, and 4 of this Article.

Section 2—Charges

(a) Charges made against a member of the Union or an officer of the Local shall be in writing, signed and sworn to by the accuser. Charges of offenses described in Article XIX, Section 1, shall be filed with the recording officer of the Local of which the accused is a member. In the event the accused is such recording officer, the charges shall be filed with the President of the Local. Should both the recording officer and the Local President be involved as a charging party or as a party charged, the charges shall be filed with the Secretary-Treasurer of the Union. All charges of offenses described in Article XIX, Section 2, shall be filed with the Secretary-Treasurer of the Union. In the event the accused is such Secretary-Treasurer, the charges shall be filed with the President of the Union. Trial procedures for all charges filed with the Secretary-Treasurer or the President of the Union shall be in conformance with Section 3(b) of this Article.

(b) Charges must be submitted within sixty (60) days of the time the accuser becomes aware of the alleged offense;

(c) Charges shall contain an allegation of the facts constituting the offense with which the accused is charged and the approximate date or dates said offense is alleged to have occurred.

Section 3—Trials

(a) The Bylaws or Rules of a Local shall specify the manner in which an accused person shall be tried and must conform with the following minimum standards:

(1) An unbiased court, composed of not less than three or more than seven persons, who shall be members of the Local, not parties to the proceeding, shall be selected by the governing body of the Local using a random selection process. The court shall be bound to render a decision and impose a penalty, if the accused be found guilty, without bias or prejudice, based on all the
evidence presented;

(2) A prosecutor, who is a member of the Local, but not an accuser, shall be appointed by the governing body of the Local to assist the accuser in the trial and presentation of evidence. If, after investigation, the prosecutor is of the opinion that there is
not probable cause to believe that a violation
punishable under this Article has been committed,
the prosecutor shall report the findings in writing
to the governing body of the Local with a
recommendation that the charge not be
prosecuted. Copies of the findings and recommendations shall be delivered to the accuser and the accused. The recommendation shall become final unless appealed by the accuser within thirty (30) days after receipt using the procedures established pursuant to Article IX, Section 7, of this Constitution.

(3) If the prosecutor determines that probable cause does exist, the trial shall be held speedily with due notice to the accused;

(4) The accused shall have the right to select a member of the Local as counsel, the right to produce witnesses and present documentary evidence and to be heard on the accused’s own behalf. The accused shall have the opportunity to cross-examine witnesses;

(5) All witnesses shall testify under oath;

(6) A decision shall be reached and written notice of the decision and penalty, if any, shall be given to the person charged within five (5) days after the close of the trial. The requirement of such notice shall be satisfied by personal service or certified mail receipt;

(7) A faithful and accurate record of the proceedings shall be made;

(8) The Local may suspend the accused pending the final decision on an appeal.

(b) Trials conducted by courts selected by the Executive Board of the Union must conform with the following minimum standards:

(1) An unbiased court composed of three persons, who shall be members of the Union not employed by the International Union as Staff personnel and not parties to the proceeding, shall be
selected by the Executive Board from a Trial Panel composed of one elected member from each of the geographical Districts by secret ballot, after nominations from the floor at the meeting of the delegates from the District in conjunction with the Union Convention. Beginning with the elections held in 2013, members of the Trial Panel shall serve for four years or until their successors are elected and qualified, except that in the election in 2013, the members of the Trial Panel from Districts 1, 3, 4 and 7 will be elected for two-year terms. Thereafter, the elections of Trial Panel Members shall be staggered. The court shall be bound to render a decision and impose a penalty, if the accused be found guilty, without bias or prejudice, based on all of the evidence presented. In the case of trials based on offenses specified in Article XIX, Section 2, a report shall be placed in the Union’s official publication with the name of the accused and decision of the court and the names of the Trial Panel;

(2) A prosecutor, who is a member of the Union, but not an accuser, shall be appointed by the Executive Board of the Union to assist the accuser in the trial and presentation of evidence, and such prosecutor shall have the same authority and discretion granted to Local prosecutors under Section 3 (a) (2) of this Article;

(3) The trial shall be held speedily, with due notice to the accused, at a time and place determined by the trial court to be fair and reasonable to the accused;

(4) The accused shall have the right to select a member of the Union as counsel, the right to produce witnesses and present documentary evidence and to be heard on the accused’s own behalf. The accused shall have the opportunity to cross-examine witnesses;

(5) All witnesses shall testify under oath;

(6) Notice of the decision and penalty, if any, shall be given to the person charged within five (5) days after the close of the trial;

(7) A faithful and accurate record of the proceedings shall be made;

(8) The Executive Board of the Union may
suspend the accused pending the final decision on an appeal.

Section 4—Appeals

(a) A member or officer of a Local upon being found guilty by a Local court may appeal as provided in this Section:

(1) Have the right to refer the matter to a
membership meeting of the Local, within thirty (30) days after being found guilty by a court, which may affirm or reverse the decision or reduce the penalty; provided that where a Local membership meeting is held by sections, units or areas, the appeal shall be to the governing body of the Local;

(2) Have the right to appeal from the final
decision of the Local to the Executive Board of the Union within thirty (30) days after such final decision of the Local;

(3) The appeal to the Executive Board of the Union shall be directed, in writing, to the Secretary-Treasurer of the Union, who shall obtain the record of the case. The Executive Board shall review the case and affirm or reverse the decision or reduce the penalty or return the case for a
new trial;

(4) Have the right to appeal from the decision of the Executive Board of the Union to the next Convention by giving a notice of appeal in writing within thirty (30) days after the decision to the Secretary-Treasurer of the Union. If the Executive Board has failed to render a decision within thirty (30) days preceding the Convention, the accused may appeal directly to the Convention which may affirm or reverse the decision or reduce the penalty.
As provided more fully in Article IX, Section 7, commencing immediately after the 2011 CWA Convention, all appeals pending in non-
Convention years may be heard and resolved by delegates to a Local President’s Meeting.

(b) A member or officer of a Local upon being found guilty by a court selected by the Executive Board of the Union shall have the right to appeal as provided in this Section:

(1) Have the right to appeal from the decision of the trial court to the Executive Board of the Union within thirty (30) days after the date of the trial court’s decision.

(2) Have the right to appeal from the decision of the Executive Board of the Union to the next
Convention by giving notice of appeal in writing to the Secretary-Treasurer of the Union within thirty (30) days after the decision. As provided more fully in Article IX, Section 7, commencing immediately after the 2011 CWA Convention, all appeals pending in non-Convention years may be heard and resolved by delegates to a Local President’s Meeting. If the Executive Board has failed to render a decision within thirty (30) days preceding the Convention, the accused may appeal directly to the Convention
which may affirm or reverse the decision or reduce the penalty.

(c) The thirty (30) day time limit provided in this section for filing of appeals from decisions of trial courts may be extended at the discretion of the body to which the appeal is being taken for an additional period not to exceed thirty (30) days, upon showing of justification by the party making the appeal.

Section 5—Determination of Appeal

Decisions on appeal shall be determined by
majority vote.

Article XXI—Recall Petition Against Persons Holding Elective Office in the Union

Section 1—Petition for Recall of Union
Officers and Executive Board Members

A petition for recall of an officer of the Union or any member of the Executive Board, including At-Large Diversity Executive Board Members, the Executive Officer of the PPMWS, and the Director of CWA-SCA Canada:

(1) May be preferred by one-third (1/3) of the full membership of the Executive Board;

(2) May be preferred by twenty percent (20%) of Locals representing twenty percent (20%) of the membership of the Union;

(3) May be preferred against a Vice President
of a District by twenty percent (20%) of the Locals representing twenty percent (20%) of the membership within the District, and may be preferred against the Telecom and Technology Vice President; Public, Health Care and Education Workers Vice President; the TNG-CWA Sector Vice President; the NABET-CWA Sector Vice President; the IUE-CWA Division Vice President; the AFA-CWA Sector Vice President; the PPMWS Executive Officer, and the Director of CWA-SCA Canada by twenty percent (20%) of the Locals representing twenty percent (20%) of the membership of the units the affected Vice President, the PPMWS Executive Officer, or the Director of CWA-SCA Canada represents;

(4) Shall be in writing and signed by the accusing member or members or may be accompanied
by attested copies of appropriate resolutions
adopted by a Local or Locals;

(5) Shall contain a description of the offense or
offenses as specified in Article XIX, Section 1, and the approximate date or dates thereof;

(6) Shall be submitted within sixty (60) days from the time the accusing members became aware of the alleged offense or offenses;

(7) Shall be filed with the Secretary-Treasurer of the Union, provided, however, that a Petition directed against the Secretary-Treasurer shall be filed with the President.

Should the Secretary-Treasurer or the President receiving the petition conclude that the offense or
offenses described are too vague or frivolous to warrant
submission to a referendum, that determination shall be presented in writing to the petitioners and to the accused. The determination shall become final unless appealed by one or more of the petitioners within thirty (30) days after receipt, using the procedures established pursuant to Article IX, Section 7, of the Constitution.

Section 2—Recall Petition Against
Local Officers

A petition for recall of an Officer of a Local:

(1) May be preferred by twenty percent (20%) of the membership of a Local;

(2) Shall be in writing and signed by the accusing members;

(3) Shall contain the description of the offense or offenses as specified in Article XIX, Section 1, and the approximate dates thereof;

(4) Shall be submitted within sixty (60) days from the time the accusing members became aware of the alleged offense or offenses;

(5) Shall be filed with the recording officer of the Local, provided, however, that a petition directed against the recording officer shall be filed with the President of the Local. Should both the recording officer and the President of the Local be involved as either accuser or accused the petition shall be filed with the Local election committee;

(6) Should the officer or the election committee receiving the petition determine that the offense or offenses described are too vague or frivolous to warrant submission to a referendum, a report
and recommendation to that effect shall be presented in writing to the governing body of the Local. Copies of the report and recommendation shall be served on all petitioners and the accused. Unless reversed by the governing body or
appealed by one or more of the petitioners within thirty (30) days after receipt, the recommendation shall become final. If appealed, the procedures of Article IX, Section 7, shall apply.

Section 3— Suspension Pending
Determination

An Officer of the Union, Member of the Executive Board, or Local Officer against whom a petition for recall has been filed for alleged “misappropriating
money or property of the Union or Local” may be suspended by a majority vote of the Executive Board pending the determination of the recall proceedings, and the Union shall cause a substitute to be appointed to serve in the person’s stead during the person’s suspension.

Section 4—Recall Proceedings

The proceedings on a petition for recall shall be in accordance with the provisions of Article XXII.

Article XXII—Referendum and Recall

Section 1

The Convention or the Executive Board may order a referendum with respect to any subject or policy within their jurisdiction or as otherwise provided in this Constitution.

Section 2

The notice of referendum and requisite number of printed ballots shall be forwarded to each Local by mail by the Secretary-Treasurer of the Union. The notice of referendum and the ballots shall contain the proposition to be voted upon and shall require a return within sixty (60) days from the date of mailing to the Local.

Section 3

Upon receipt of the notice of referendum, each Local shall conduct the referendum among its members and shall forward the results to the Secretary-
Treasurer of the Union by receipted registered mail.

Section 4

All referenda shall be by secret ballot. A majority of the votes cast shall determine the referendum.

Section 5

A referendum shall also be ordered by the Executive Board of the Union if twenty percent (20%) or more of the Locals representing twenty percent (20%) or more of the members of the Union, shall certify in writing to the Secretary-Treasurer of the Union their desire for a referendum on any particular subject.

Section 6

Any officer or member of the Executive Board, including any At-Large Diversity Executive Board Member, may be recalled by two-thirds (2/3) of those voting at the Convention or in a general referendum if two-thirds (2/3) of the votes cast in such a
referendum favor recall.

Section 7

(a) A Vice President of a District may be recalled by the Delegates from that District at an International Convention by two-thirds (2/3) vote of those voting
on the question, or by a referendum among the
members of the Union in the District if two-thirds (2/3) of the votes cast in such referendum favor recall.

(b) The Telecom and Technology Vice President may be recalled by Delegates at an International Convention, who represent the membership of their respective bargaining units, by a two-thirds (2/3) vote of those voting on the question or by a referendum among the members of the Union in the units the Vice President represents, if two-thirds (2/3) of the votes cast in such referendum favor recall.

(c) The Public, Health Care and Education Workers Vice President, the Printing, Publishing and Media Workers Sector Executive Officer, the TNG-CWA Sector Vice President, the NABET-CWA Sector Vice President, and the IUE-CWA Division Vice President may be recalled by delegates at an
International Convention, who represent the
membership of their respective units, by a two-thirds (2/3) vote of those voting on the question, or by a referendum among the members of the Union in the units the affected Vice President or PPMWS Executive Officer represents, if two-thirds (2/3) of the votes cast in such referendum favor recall.

(d) The AFA-CWA Sector Vice President may be recalled by delegates at an International Convention, who represent the membership of the AFA-CWA Sector, by a majority vote of those voting on the question or by a referendum among the members of the Union in the AFA-CWA Sector, if two-thirds (2/3) of the votes cast in such referendum favor recall.

(e) The Director of CWA-SCA Canada may be recalled by the Delegates from that region, at an International Convention by two-thirds (2/3) vote of those voting on the question, or by a referendum among the members of the Union in the region
if two-thirds (2/3) of the votes cast in such
referendum favor recall.

Section 8

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 Constitution.

Section 9

All recall votes of the membership must meet the procedural requirements which apply to the election of officers.

Article XXIII—Quorum

Section 1

A majority of the delegates to the Union Convention shall constitute a quorum.

Section 2

A majority of its members shall constitute a quorum of the Executive Board or any committee of the Union.

Section 3

A majority of the delegates within a District shall constitute a quorum for District meetings held in conjunction with the Union Convention.

Section 4

A majority of the delegates within a Bargaining
Unit shall constitute a quorum for Bargaining Unit meetings.

Section 5

A majority of the Locals required to be present within the geographical area covered shall constitute a quorum at all other District, State or Area Meetings.

Section 6

Each chartered Local shall provide in its Bylaws or Rules for the quorum necessary to hold meetings of the Local.

Article XXIV—Proxy Voting

There shall be no voting by proxy, except that a
Local composed of less than 200 members may
assign its vote to a delegate from another Local
attending the Convention. No Local shall be allowed to vote more than one such assignment.

Article XXV—Gender

Words in this Constitution indicating the masculine gender shall be deemed also to refer to the feminine gender.

Article XXVI—Union Publication

The Union shall print, publish and distribute to its members an official publication. Said publication shall be sent to all members and shall contain matters pertaining to Union functions, policies and activities as well as matters of labor and public interest generally.

Article XXVII—Affiliation

The affiliation or disaffiliation of the Union with any other labor organization shall be accomplished solely by referendum of the entire membership.

Article XXVIII—Amendments

Section 1

This Constitution may be amended by the Convention
or by referendum submitted to the members as provided in Article XXII.

Section 2

Any proposed amendment of this Constitution, that is submitted to the Constitution Committee sixty (60) or more days in advance of the Convention, will be reported to the Locals by the Constitution Committee fifty-three (53) days in advance of the Convention. All proposed amendments so submitted shall require a majority vote of the approved delegates at the Convention to effectuate such proposed amendments.

Section 3

Any amendment proposed at the Convention shall require a three-fourths (3/4) vote of those voting there-upon at the Convention to effectuate such proposed amendment, but in no event shall the three-fourths (3/4) vote of those voting thereupon be less than a majority vote of the approved
delegates at the Convention.

Section 4

Any amendment submitted by referendum to the members shall require a majority vote of those voting thereon.

Section 5

Repeal of any provision of this Constitution shall be by amendment procedure.

Section 6

Amendments adopted in a Convention shall become
effective on the thirtieth (30th) day following the adjournment of the Convention, provided, the Convention does not specify a later date, or unless within thirty (30) days a referendum vote on the amendment or repeal is initiated, in which event, the amendment or repeal shall not become effective
unless it is sustained by such referendum. Amendments or repeals adopted or sustained by referendum procedure shall become effective on the thirtieth (30th) day following such action or on a later date if so specified.

PERMANENT RULES GOVERNING CONDUCT OF CWA CONVENTIONS

Rule I—Source of Rules

The CWA Convention shall be conducted in accordance with these rules and the CWA Constitution and if these rules and the CWA Constitution do not specifically cover a matter, Robert’s Rules of Order shall apply.

Rule II—Delegates to the Convention

Section 1—Certification

Each Local shall certify to the Secretary-Treasurer of the Union, not less than five (5) days prior to the opening date of a Biennial or Special Convention, on credential forms provided by the Union, the names, addresses and voting strength of its delegates and alternates, if any, and the name of the Chair of its delegation.

Section 2—Seating of Delegates

Delegates to a Convention shall be seated prior to the exercise of any other rights and privileges of the delegates. They shall be seated by acting on the Credentials Committee Report.

(a) In the event there is a protest within a Local over the seating of delegates from a Local, the delegates under dispute shall not vote on the question of their seating.

CONSTITUTION CONTINUED

CWA Constitution Continued

As Amended July 2011

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