1. The General Membership shall
be the supreme authority of the
Local. This authority shall be
exercised in elections, referendums
and the General Membership meeting.
2.
The Executive Council (Council)
shall be the administrative, legislative
and policy-making body of the
Local as provided herein, subject
to the authority of the General
Membership.
3.
Units established by the Local
shall exercise only those functions
and powers specifically granted
by the TNG-CWA and CWA Constitutions
and these bylaws.
1. Any applicant for membership
shall submit his/her application
to the Council. Final action upon
any application shall be by the
Council, subject to appeal, as
provided by the TNG-CWA Constitution.
2. Regular
meetings of the General Membership shall be held five times a year.
Two of the meetings will be held in Baltimore. The location of the
meetings shall be determined by the Council.
3.
The Secretary shall give no less
than 15 days' notice by mail to
the membership in advance of every
membership meeting, except that
in an emergency the Council may
call a special meeting on two
days' notice. Notice shall be
given by mail, except that in
units which by contract are entitled
to use bulletin boards in the
shops, notice may be given by
hand distribution of written notices
to members in the shops, such
notice also to be posted on bulletin
boards. No motion to reverse or
review previous decisions of the
General Membership or Council
shall be acted upon unless a notice
of such motion signed by at least
fifty (50) members in good standing
who include members from three
or more units shall have been
submitted by the Secretary in
advance of the distribution of
the notice of said meeting. In
the event a notice to move for
such a review or reversal is so
submitted, the Secretary of the
Local shall include this notice
in the of the meeting.
4.
A quorum at any General Membership
meeting shall be twenty-five (25)
members in good standing.
5.
No persons
actively serving the interest
of employers or another labor
organization as against the interests
of the Guild or CWA shall be eligible
for membership.
6.
When an individual has employment
within a bargaining unit of another
local and not employment within
a bargaining unit of the Washington-Baltimore
Newspaper Guild, that individual
shall not be a member of the Washington-Baltimore
Newspaper Guild.
ARTICLE
III -- DUTIES OF OFFICERS
a.
Preside at General Membership
meetings and Council meetings.
b.
Serve as an ex officio and non-voting
member
of all standing and special
committees.
c.
Sign all membership cards and all Local contracts approved by the
Council.
2. The
Vice President shall perform the duties of the President during the
absence of disability of the President.
3. The
Treasurer shall:
a.
Be custodian of all Local funds.
b.
Cause to be kept in orderly
fashion all fiscal records of
the Local and cause to be made
all financial reports required
by TNG-CWA.
c.
Give clear and detailed reports
on the Local's financial condition
at each regular Council meeting
and General Membership meeting.
4.
The Secretary shall cause to be
kept all records of the Local
except fiscal records, shall conduct
correspondence as directed by
the Council and the Local, and
shall keep accurate minutes of
all Council and General Membership
meetings.
5. The Administrative Officer
shall be the principal paid employee
of the Local, under the immediate
supervision of the elected officers.
He/she shall:
a.
Not be a member of the Council.
b.
Plan, shape and direct the organization
and negotiation program of the
Local under the supervision
of the Council.
c.
Serve as the chief negotiator
of all Local contracts except
as otherwise directed by the
Council.
d.
Supervise the office clerical employees of the Local, direct the
activities of the Local Representatives, and assume responsibility
for operation of the Local office or offices.
e.
Contribute recommendations,
express opinions and make regular
reports to the Council and to
General Membership meetings
on the conduct of his/her responsibilities
and the affairs of the Local.
6.
No TNG-CWA officer or employee,
and no Council member, shall be
a paid employee of the Local,
but this shall not prevent the
Council from reimbursing Local
members for wages lost due to
temporary absence from their employment
for purposes of conducting authorized
Local business.
7. All
officers responsible for handling funds shall be bonded in an amount
set by the Council.
ARTICLE
IV -- EXECUTIVE COUNCIL
1.
The Executive Council of the Local
shall consist of a President,
Vice President, Secretary, Treasurer;
five (5) members in good standing
elected at large; the Unit Chairperson
or alternate from all units having
50 members or more in good standing;
one (1) delegate for each 200
members in good standing from
each unit; and one (1) delegate
for each 50 members in good standing
from the combined total of all
units with fewer than 50 members,
plus at-large members, the delegate(s)
to be elected by the small units
and at-large members. The Immediate
Past President shall be a non-voting
member of the Council.
2.
The Council shall meet at least
once each month but shall be subject
to call of the President on written
request by a majority of the Council.
A majority of the Council shall
constitute a quorum. In the event
of a mail, e-mail or telephone
poll of the Council on an emergency
question arising between meetings,
the action taken shall be subject
to review at the next Council
meeting. Any five members of the
Council may demand an emergency
meeting of the Council to consider
the matter on which a mail or
telephone poll is taken. In the
event of such demand, the meeting
shall be held within two days
or the action deferred to the
next Council meeting.
a.
Supervise the handling of all local funds except for payments of
a strictly routine nature, and designate at least one office without
whose signature, in addition to that of the Treasurer, no checks
shall be valid.
b.
Have general supervision of
all Local officers.
c.
Cause to be reported to the General Membership at least quarterly
the financial condition of the Local, citing the balance in each
of the operating, reserve and severance funds, operating income
and expenses for the period since the last former report.
d.
Fulfill such other functions
as are assigned to it by these
bylaws or by the TNG-CWA or
CWA Constitutions.
e.
Call special General Membership Meetings within eight (8) days of
receipt of the written request of fifty (50) members in good standing
for the purpose of taking action stated in the request.
f.
Make recommendations to the General Membership with respect to any
matter which affects the Local or any unit thereof.
g.
Fix the pay of, employ, dismiss
and supervise the activities
of the Administrative Officer,
and approve the employment agreements
of and dismiss the other paid
staff of the Local.
h. Appoint delegates to organizations
with which the Local is affiliated
except as otherwise provided
in these bylaws.
4.
The Council may on its own motion
call special General Membership
meetings for the purpose stated
in the motion, as provided in
Article II, Section 3.
A.
Election of At-Large Officers,
TNG-CWA Sector Conference
Delegates and Alternates, CWA
Convention Delegates and Alternates
and Delegates and Alternates to
Labor Bodies.
1. The at-large officers of
the Local shall be elected every
two years by secret ballot.
They shall take office on a
date set for the January General
Membership meeting and shall
hold office until the scheduled
date of the January meeting
two years following.
2.
Nomination of at-large officers
and at-large members of the
Council shall be received from
the floor at the November General
Membership Meeting. Nominations
may also be received by petition
of a minimum of twenty-five
(25) members in good standing
from at least three units of
the Local who shall file their
petition with the Secretary
no later than fifteen (15) days
after the floor nominations
have been officially reported
to the membership. In the event
that, following the petition
period, there is no contest
for any office, the local Elections
and Referendum Committee shall
declare the nominee or nominees
for that office elected.
3.
If a nominee is neither present at the November meeting nor indicates
in writing his/her willingness to accept nomination, the Secretary
shall inform him/her of his/her nomination in writing within three
(3) days. The member shall accept in writing within seven (7) days
or else be disqualified.
4.
A local Elections and Referendum
Committee shall be named by
the Council at least annually.
This committee shall prepare
the ballot form listing candidates
for each contested office in
alphabetical order and the unit
to which each candidate belongs.
There shall be no write-in balloting.
A sample ballot shall be distributed
to members at least fifteen
(15) days prior to the election.
The president of the Local shall
be an automatic ex-officio member
of the committee.
5. Balloting shall be as provided
in Article XI of these bylaws.
Each member shall be notified
by mail or other means at
the address the member
provides, at least 15 days prior
to the election, of the time
and place of the election. The
election shall be held no later
than 10 days before the January
membership meeting.
6. If there is only one candidate
for an office, he/she shall
be declared elected without
balloting. In the event there
are more than two candidates,
a plurality of those voting
shall be required to elect,
except in the case of the at-large
Council members where the candidates
to the number of positions to
be filled receive the highest
number of votes shall be elected.
In the event of a tie vote for
an office there shall be a runoff
election between those candidates
who received the same number
of votes, but higher than the
other candidate(s) for the same
office. Such runoff election
will take place no later than
sixty (60) days following the
date of the Local Elections
and Referendum Committee's Official
Ballot Count and shall be provided
in Section 4 of this Article.
Until a successor is elected,
the incumbent shall continue
in office.
7.
Candidates are entitled to publication
by the Local on an equal basis
of statements limited in length
as the Council may direct after
consultation with the candidates.
8. Delegates and alternates
to regular TNG-CWA Sector Conferences
and CWA Conventions shall be
nominated separately from the
floor at a General Membership
meeting, which shall also determine
the number of each to be elected.
The secretary shall give fifteen
(15) days' notice of this meeting.
If there are no more nominees
than there are delegates or
alternates to be elected, the
nominees shall be declared elected.
In that event the alternates
shall fill vacancies in an order
determined by lot. If the number
of nominees exceeds the number
of delegates and alternates
to be elected, an election shall
be conducted under the direction
of the Local Elections and Referendum
Committee on a date or dates
set by the Council. Candidates
for either delegate or alternate
with the highest number of votes
shall be elected. The General
Membership meeting may instruct
and govern delegates.
9.
In the event an at-large officer
vacancy exists, the Council
shall at its next regular meeting
appoint a temporary officer
to serve in the vacancy (except
that in the event of a vacancy
in the office of the President,
the Vice President shall temporarily
serve the remainder of the President's
term). Notice of the vacancy
shall be given by the Local
and the General Membership meeting
following such notice shall
receive nominations form the
floor and proceed to fill the
vacancy by secret ballot.
10.
The General Membership shall
elect delegates and alternates
to such organizations with which
the Local is affiliated that,
by their charter require election.
Delegates and alternates to
all other labor bodies shall
be appointed by the Council.
a.
Each unit shall receive nominations
every two years at a unit
meeting held not earlier than
two (2) weeks prior to the
first General Membership meeting
of the year, for delegates
to the Council, a unit chairperson,
a vice-chairperson and such
other offices as the unit
shall create. A unit may,
with permission from the Council,
conduct elections with different
term lengths. In the event
of a contest an election by
secret ballot shall be held
not earlier than one (1) week
and not later than three (3)
weeks after the nominating
meeting. The unit chairperson
shall designate any unit officer
to serve as alternate delegate
to any meeting of the Council.
b.
Notice of nominations and
elections of unit officers
and delegates and alternates
to the Council shall be given
to members of the unit as
provided in Article V A(5)
of these bylaws.
2. Vacancies in the post of
unit officers or Council delegates
shall be filled by nominations
and secret ballot vote at the
next meeting for which proper
notice can be given.
3. Unit election disputes shall
be settled by the Council.
1.
The Council, with advice from
the Elections and Referendum
Committee, shall establish a
time and date for counting of
the ballots from any election,
and give notice thereof.
2. Upon such notice, each candidate
has the right to name an observer
to the ballot count and make
known in advance to the Elections
and Referendum Committee. Such
observers shall carry out the
functions enumerated below.
3.
Observers shall have the following
functions: To observe the actual
vote count and challenge any
ballots they deem illegal; to
submit, in writing and notarized,
any evidence of actions that
the candidates they represent
believe would prejudice the
outcome of the election or evidence
of irregularities the candidates
believe should lead to the annulment
of the election, followed by
a rerun.
4.
The burden of proof shall be
on the individuals making such
protests. Protests may cover
actions both during the campaign
and the balloting. Protests
shall be submitted, in writing,
citing specific bylaws of TNG-CWA
and/or CWA constitution that
the individual regards as being
violated, to the chair of the
Elections and Referendum Committee
within five working days of
the ballot tabulation.
5.
When such protests are received,
the chair of the Elections and
Referendum Committee shall,
with the concurrence of the
committee, set a date for a
formal hearing on such protests.
Such date shall be no later
than 30 days after the date
of the election. The hearing
shall include a court reporter,
and the burden of proof shall
be on the protesting candidate,
who shall be allowed to call
witnesses, under oath if necessary.
The protesting candidate must
appear before the committee
to make the case. While the
committee will make every effort
to accommodate the candidate,
consonant with provisions of
the TNG-CWA and CWA constitutions,
a candidate's failure to appear
on the date set by the committee,
regardless of the reason, shall
not preclude the committee from
making a decision on the protest.
The protesting candidate must
notify the chair of the committee,
in writing, no later than 15
days before the hearing, of
the names of others mentioned
in the protest, either as witnesses
or otherwise, to allow the committee
to notify those persons of their
involvement, if they wish to
appear and respond. No later
than 15 days after the date
of the hearing, the committee
shall render a decision in writing,
and transmit it to the protesting
candidate and the Council. The
protesting candidate shall then
have the right to appeal the
committee's decision to the
Council and beyond, consonant
with provisions of the TNG-CWA
and CWA constitutions.
6.
Once a candidate has lodged
a protest of an election, no
ex parte communications about
compromise settlements shall
be allowed.
1.
Each unit shall establish a system
of shop stewards from the natural
work divisions in each unit to assist
the unit chairperson in organization
of new members and contract enforcement
under direction of the Council.
2. Units with fewer than 50 members
in good standing shall, by Council
certification, be combined with
at-large members in good standing
for purposes of representation on
the Council only.
3.
Each unit shall file with the Local
Secretary promptly after each meeting
a copy of the minutes of such meeting.
ARTICLE
VII -- COLLECTIVE BARGAINING
1.
At least six months prior to commencement
of bargaining for any Local contract,
members of the unit involved shall
be invited to submit written suggestions.
The unit officers, in consultation
with the shop stewards and designated
chief negotiator, shall draw up
a proposed contract. This proposal
shall be submitted for approval
to a unit meeting held on proper
notice before submission to management.
All proposals must be forwarded
to TNG-CWA in compliance with
its Collective Bargaining Program.
2. No negotiations shall take
place in the absence of the Administrative
Officer or other designated chief
negotiator.
3.
Any agreement reached in negotiations
shall be submitted to the membership
of the unit for approval. Before
signing, it shall require ratification
also by the Council.
4. A unit shall seek permission
of the Council before conducting
a vote to authorize calling a
strike. No unit shall by its own
action call a strike, but may
by a vote of its membership authorize
the Council to do so, and the
Executive Council shall call no
strike not authorized by a vote
of the unit membership. In the
event a unit is denied permission
to take a strike vote, that unit
may vote to request the TNG-CWA
President to request authorization
from the CWA Executive Board to
call a strike.
5. A shop steward believing an
employee to be aggrieved shall
report the matter promptly to
the unit chairperson or his/her
designee, who shall ascertain
pertinent facts. The unit chairperson
shall in consultation with the
unit grievance committee ascertain
management's position on the matter
and shall report the matter to
the Local's professional staff
representative assigned to that
unit. No grievance settlement
shall be binding upon the Guild
unless reported to the Administrative
Officer or his/her designee. The
settlement of grievances shall
be subject to appeal as provided
in Article XIII of these bylaws.
ARTICLE
VIII -- DISCIPLINE
Discipline
under these bylaws shall be governed
by the CWA Constitution.
ARTICLE
IX -- DUES AND ASSESSMENTS
1.
A new member shall pay an initiation
fee of $3 and a former member
who rejoins shall pay a reinstatement
fee of $3, except as otherwise
provided by the TNG-CWA constitution.
The initiation fee shall not be
less than the initiation fee required
to be paid to TNG-CWA.
2.
The highest dues rate shall be
determined by the highest reporter
minimum at a daily newspaper with
a Local contract. It shall be
arrived at by adding 35 cents
for each $5.00 such top minimum
exceeds $200.00.
3.
Notwithstanding any of the foregoing,
no regular Local monthly dues
rate shall be less than the regular
monthly per capita dues payment
required by TNG-CWA.
4. The
Local may, by a secret ballot vote of a General Membership meeting,
levy an assessment of not more than $1 per member per week. Notice
of the proposed assessment shall be contained in the notice of the
meeting at which the action is to be taken.
5. The
Local may, by a secret vote of a General Membership meeting, levy
a special strike assessment of up to a day's pay per member per week.
Notice of the proposed assessment shall be contained in the notice
of the meeting at which the action is to be taken.
6. A
special emergency may be declared by secret ballot vote of a General
Membership meeting. Notice of the proposed declaration of a special
emergency shall be contained in the notice of the meeting at which
such action is to be taken.
During
such special emergency, each member
shall pay monthly dues consisting
of the sum of the appropriate
dues rate in Section 2 or 3 above,
plus the amount of any assessment
due for such member to TNG-CWA,
plus any local assessment ordered
under provisions of Section 5
or Section 6 above.
7.
Dues shall be payable on the first
day of each month except when
paid by checkoff.
1.
The Local shall maintain a site
on the World Wide Web to publish
official notices and other news
deemed in the interest of union
solidarity under the supervision
of the Council or its designated
representative(s). The Council may
authorize additional publications
to strengthen the Local's interests
in specific units or councils within
the Local.
2.
The Web site shall be updated as
frequently as necessary by the Council
or its designated representative(s).
It shall be distributed to all Local
members free of charge. It shall
accept no advertising.
3. The local shall notify the members
by U.S. mail of General Membership
meetings over any 12-month period.
4.
The Web site shall include the minutes
of all meetings of the Council and
the General Membership and shall
publish letters from members in
good standing for free expression
of views. Minutes shall be delivered
to the units for prompt posting
on Guild bulletin boards.
1.
Any action of prospective action
of the Local may be submitted
to a referendum of the membership
by either a General Membership
meeting, by the Council, or upon
a petition signed by not fewer
than fifty (50) members in good
standing who include members of
three or more units.
2. Provisions
for the holding of a referendum shall be made by the Council and may
take the form of a vote by mail or a vote in person at designated
polling places or a combination of both. No ballot shall be issued
to a member not in good standing, and all members shall be given (15)
days' notice in advance of any referendum.
3.
Balloting shall be conducted under
supervision of the Local Elections
and Referendum Committee.
4. After
adoption of these bylaws, no matter determined by a future referendum
shall be overturned except by another referendum, unless this provision
is specifically waived in the motion calling the original referendum.
5.
Council or Administrative Officer's
decisions regarding staff issues,
including hiring, dismissal, non-renewal
of contracts and discipline, shall
not be subject to membership referendum.
ARTICLE
XII -- AMENDMENTS
These
bylaws may be amended by membership
referendum. A referendum shall be
held upon submission of the proposed
amendment by the Council, General
Membership, or by a petition signed
by not less than ten percent (10%)
of the membership in good standing.
Good standing shall be certified
by the Local office. The vote shall
be by secret ballot and conducted
in accordance with procedures provided
in Article XI.
ARTICLE
XIII -- INTERPRETATIONS
These
bylaws shall be interpreted by the
Council, subject to appeal to the
General Membership or by referendum,
to the TNG-CWA Sector Executive
Council, or to the next Sector Conference
of TNG-CWA. Questions of procedure
not covered by the TNG-CWA or CWA
Constitutions, Convention decision,
or these bylaws shall be governed
by the latest edition of Robert's
Rules of Order except as otherwise
specified in these bylaws.
ARTICLE
XIV -- EFFECT
These bylaws shall take effect upon
ratification by referendum held
on January 8 and 9, 2002, except
for elections, which effect will
take place when the next scheduled
elections are held.
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