CWA Local 9009 Bylaws
July 17, 2023
ARTICLE I – NAME
This Local shall be known as Communications Workers of America Local 9009, Communications Workers of America.
ARTICLE II – JURISDICTION
Jurisdiction of this Local shall be the jurisdiction assigned by the Union and appearing on the face of the Local Charter.
ARTICLE III – OBJECTS
The objects of Local 9009 shall be to represent and serve the workers within its jurisdiction in accordance with the Bylaws and Rules of the Local and the Constitution and policies of the Union.
ARTICLE IV - LOCAL STRUCTURE
The structure of the Local shall consist of the following:
B. Executive Board
ARTICLE V – MEMBERSHIP
The Executive Board shall consist of the four Local Officers and the chairs of the Organizing and Communications Committees.
Section 1 – Eligibility
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.
Section 2 – Application
Membership in the Local shall be obtained after payment of the Local initiation fee of $5 and upon the approval of any membership committee authorized to accept or reject membership on behalf of the Local, subject to the right of the Local to overrule the decision of a membership committee.
Section 3 – Transfers
The transfer of membership from this Local to the jurisdiction of another Local or from another Local to the jurisdiction of this Local shall be made in accordance with Article V of the Union Constitution.
ARTICLE VI - LOCAL DUES AND ASSESSMENTS
Section 1 - Local Dues
A. Each member of the Local shall pay a one-time initiation fee of $5 per member and dues equivalent to 1% of their total compensation per month until members ratify their first collective bargaining agreement.
B. Any collective bargaining agreement reached must follow the CWA Constitution and any relevant decisions by CWA conventions. Specifically:
1. The per capita dues, which are 1.15% of the base wage rate.
2. The Members Relief Fund dues, which are .15% of the base wage rate.
C. Membership dues which exceed in amount the minimum membership dues may be authorized by a majority of those voting on the question, in accordance with the Local bylaws.
D. Membership dues may be changed only by a majority of those voting on the question by secret ballot referendum, or by a majority secret ballot vote in a meeting where a quorum is present, if the question has been advertised on bulletin boards at least seven (7) days in advance of the meeting or by notice mailed postage prepaid to each member at least seven (7) days in advance of the meeting.
Section 2 - Local Special Assessments
The membership of this Local may levy a special assessment only in the same manner as provided for changing Local dues. However, any special assessments levied shall be in compliance with Article VI, Section 3 of the Union Constitution.
ARTICLE VII - GOVERNING AUTHORITY
Section 1 – Membership
The affairs of this Local shall be governed by its membership in accordance with the Constitution and policies of the Union in the following manner:
A. Through action taken in membership meetings or by referendum of the membership.
B. Through actions and decisions of the Executive Board (or other governing body of the Local) between membership meetings.
C. Through actions and decisions of the Local Officers between meetings of the Executive Board. These actions and decisions may be overruled by the Membership in a Membership meeting or by referendum.
ARTICLE VIII - LOCAL MEETINGS
Regular meetings of this Local shall be held at such time and place as the members may determine by vote. Special meetings may be called by a majority vote of the Local Executive Board, or by a petition signed by 25% members. Upon receipt of a proper petition, the Local officers shall call a special meeting for the purpose set forth in the petition to be held within ten (10) days.
ARTICLE IX - LOCAL DELEGATES TO THE UNION CONVENTION
A. Delegates and alternate delegates to the Union Convention shall be elected by the membership voting by secret ballot conducted not less than thirty (30) days in advance of the Union Convention.
B. In the event the Local elects more than one delegate to the Union Convention, the Local shall determine the convention votes assigned to each delegate in accordance with Article VIII of the Union Constitution.
C. It shall be the duty of the Secretary of the Local to certify the Local delegates to the Union Convention to the Secretary-Treasurer of the Union within the time limits specified in Article VIII of the Union Constitution.
D. The election of a person to the office of Local President, Local Vice President, Local Secretary and Local Treasurer shall constitute election of the same person as a delegate to CWA Conventions during the term of office for which the election was conducted. In the event there is more than one delegate, the Local President shall serve as Chairman of the delegation.
ARTICLE X - LOCAL COMMITTEES
A. The Local shall have the following regular committees:
1. Membership Committee
2. Legislative-Political Committee
3. Organizing Committee
4. Election Committee
5. Education Committee
6. Community Services Committee
7. Committee on Equity
8. Communications Committee
B. Members of all committees shall be appointed by a majority vote of the Local Executive Board, subject to the right of the Local membership to overrule such appointments.
C. Vacancies on committees shall be filled in the same manner as the original appointments.
D. Any member of any Local committee may be removed by majority vote of the Local Executive Board, subject to the right of the Local to overrule the action of the Executive Board. A committee member may be removed by action of the Local in a membership meeting.
E. Duties of Committees:
1. Membership Committee — The Membership Committee or Membership Committees shall accept or reject membership applications in accordance with the bylaws and rules of this Local and Article V of the CWA Constitution and policies of the Union.
2. Legislative-Political Committee — The Legislative-Political Committee shall assist in developing and pursuing the program of the Union and the Local in the Legislative-Political field. It shall be responsible for the Local's program to register each qualified voter.
3. Organizing Committee — The Organizing Committee shall assist the Local officers and members in organizing all non-union employees within the Local's jurisdiction as well as unorganized workers in external units.
4. Election Committee — The Election Committee shall conduct all nominations and elections and referenda of this Local.
5. Education Committee — The Education Committee shall assist in developing the Local's education program and, with the Local officers, be responsible for effectuating the Union's and Local's educational programs.
6. Community Services — The Community Services Committee shall assist in developing all Community Services programs.
7. Committee on Equity — The Committee on Equity shall study and report to the Local on the ways and means of eliminating discrimination on the basis of sex, race or any other basis.
8. Communications Committee — The Communications Committee shall with the assistance of Local Officers manage communications between the Local and its membership, the press, and the public through the Local's websites, newsletters, social media, and other forms of communication.
ARTICLE XI - ORDER OF BUSINESS
A. The order of business at a Local meeting shall be as follows:
1. Call to order
2. Roll Call (optional)
3. Reading and action on minutes of previous meeting
4. Report of officers and Executive Board
5. Report of committees
6. Unfinished business
7. New business
B. The order of business may be suspended by a two-thirds (2/3) vote of the members present.
ARTICLE XII - LOCAL OFFICERS, EXECUTIVE BOARD, STEWARDS AND THEIR DUTIES
Section 1 - Local Officers
A. The officers of the Local shall be:
1. Local President
2. Local Vice President
3. Local Secretary
4. Local Treasurer
B. The duties of Local officers shall be as follows:
1. The Local President shall:
i. Be responsible for the conduct of all Local business;
ii. Preside at Local Membership, Local Executive Board and Local Officers meetings;
iii. Prosecute grievances and appeal them to higher levels of the Union when not satisfactorily settled;
iv. Supervise and be ex-officio member of all Local committees;
v. Approve all bills to be paid, and countersign all checks drawn on the Local treasury; and
vi. Perform such other additional duties as may be assigned by the Local, the Local Executive Board or required by the policies or Constitution of the Union.
2. The Local Vice President shall:
i. Work under the direction of the Local President; and
ii. Perform such other additional duties as may be assigned by the Local, the Local Executive Board or the Local President.
3. The Local Secretary shall:
i. Maintain a record of the Local membership;
ii. Record and maintain the minutes of all meetings of the Local, the Local Executive Board or Local officers;
iii. Furnish the District Vice President and the International Secretary-Treasurer with copies of any changes in these bylaws within ten (10) days after such changes are adopted;
iv. Certify the Local delegates to the Union Convention to the International Secretary-Treasurer within the time limits specified in Article VIII of the Union Constitution; and v. Perform such other additional duties as may be assigned by the Local, the Local Executive Board or the Local President.
4. The Local Treasurer shall:
i. Be custodian of all assets of the Local;
ii. Report to each membership meeting on the financial status of the Local;
iii. Be bonded, as must any other person who handles Local funds or other property in accordance with the Union Constitution or any state or federal law;
iv. Cause the payment of all bills approved by the Local President;
v. Cause the proper filing of all reports or filings required by federal, state, or local law; and
vi. Perform such other additional duties as may be assigned by the Local, the Local Executive Board or the Local President.
Section 2 - Local Stewards
A. The Local shall have as many Stewards as may be appointed by the Local President.
B. The duties of Local Stewards shall be as follows:
1. Work under the direction of the Local President; and
2. Perform such other additional duties as may be assigned by the Local, the Local Executive Board or the Local President.)
Section 3 - Local Executive Board
A. The duties of the Local Executive Board shall be as follows:
B. The Local Executive Board shall:
C. Be responsible for making decisions and taking action on behalf of the Local membership between Local meetings on all matters concerning the good and welfare of the members;
D. Meet as necessary. The Local President shall call a meeting of the Executive Board whenever requested by a majority of the Board members to do so.
E. Cause an annual budget to be prepared and presented to the membership; and
F. Be responsible for the operation of strike action procedures as outlined in the Union Constitution.
G. Actions and decisions of the Executive Board shall be subject to approval by the membership.
H. A majority of the Executive Board shall constitute a quorum.
Section 4 – Payments
A. Members may be granted compensation as determined appropriate by the Executive Board, subject to the right of the local membership to overrule such decisions.
ARTICLE XIII - CONDUCT OF MEETINGS, OTHER LOCAL BUSINESS AND QUORUM
A. Membership meetings and any other business of this Local shall be conducted under these bylaws and rules of the Local and in conformity with the Union Constitution. On questions where the Local bylaws, the Local rules or the Union Constitution do not clearly apply, Robert's Rules of Order shall govern.
B. The number constituting a quorum for Local meetings shall be those present.
C. A majority of the officers or of the Executive Board or a majority of the members of a committee shall constitute a quorum for those bodies.
ARTICLE XIV - NOMINATION AND ELECTION OF LOCAL OFFICERS AND MEMBERS OF THE LOCAL EXECUTIVE BOARD
Section 1 – Nominations
Local officers and members of the Executive Board shall be nominated in the month of September each applicable election year, excepting the initial election when the local is first created. In that case, nominations will be conducted for one month when the sponsoring local is ready to run the election process.
Section 2 – Elections
Elections of Local officers and Executive Board members shall be by secret ballot of the membership in the months of September or October of each applicable election year, excepting when the local is first created. In that situation, elections will be held as soon as practicable after the nominations process.
Section 3 - Local Election Committee
A. The nomination and election of Local officers, members of the Executive Board and delegates to the CWA Convention shall be conducted under the supervision of the Election Committee. This committee shall have the authority and responsibility to see that nominations and elections are conducted in accordance with federal law, the Union Constitution, and these bylaws, with reasonable opportunity for each member to nominate and vote for the candidate of his/her choice.
B. The Election Committee shall also conduct any referenda submitted to the membership.
C. A member shall not be permitted to serve on the Election Committee if he/she is a candidate for any office of the Local or delegate to the CWA Convention.
D. All questions concerning the conduct and challenges of elections shall be determined by the Election Committee, subject to the right of appeal to the governing body and membership of the Local in accordance with Article XV of the CWA Constitution.
Section 4 - General Provisions
A. Only members of the Local in good standing shall be eligible to vote.
B. Votes in any election shall be tallied using the Warren STV (Single Transferable Vote) method and the winner determined by that process shall be elected.
C. The term of office shall be for three (3) years, with two exceptions. First, the terms of Secretary and Treasurer and Communications Chair elected in the fall of 2023 will be two years. Second, Board Members are initially elected after the local is created. Those Board Members will serve a shortened term ending after Board Members are elected for a regular term in fall 2023.
D. The Board Members shall take office thirty (30) days following the certification of election results.
Section 5 – Vacancies
A vacancy in the office of Local President shall be filled by the Local Vice President. Vacancies in other offices shall be filled 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.
ARTICLE XV – STRIKES
The calling, conduct and termination of strikes affecting this Local shall at all times be carried out in compliance with the rules prescribed by the Union and Article XVIII of its Constitution.
ARTICLE XVI - CHARGES, TRIALS, AND APPEALS
Section 1 – Charges
Members of this Local may be fined, suspended and/or expelled, in the manner provided in these bylaws, for any of the acts enumerated in Article XIX of the Union Constitution.
Section 2 – Trials
Any accused member, including officers, of this Local shall be tried under the provisions of Article XX of the Union Constitution.
Section 3 – Appeals
A member or officer of this Local, upon being found guilty by a Local Trial Court, may appeal as provided in Article XX of the Union Constitution.
Section 4 - Local Trial Court
A Trial Court of this Local shall be composed of 5 persons, who are members of this Local and not parties to the proceedings, and who shall be selected by the governing body of the Local.
ARTICLE XVII - RECALL OF LOCAL OFFICERS
Any elected officer or executive board member of this Local may be recalled in accordance with the provisions of Articles XXI, Section 2, and XXII, Section 8, of the Union Constitution.
ARTICLE XVIII – CODE OF CONDUCT
A. The Code of Conduct of the Local shall be maintained by the Secretary and, unless otherwise specified in these Bylaws, may be amended solely by referendum or Membership Meeting.
B. The Code of Conduct is binding on the actions of the Executive Board, committees of the Local, and the membership of the Local that are not specified in these Bylaws.
C. No part of the Code of Conduct shall infringe on members’ rights protected by the Labor-Management Reporting and Disclosure Act or on such rights provided by the CWA Constitution and Bylaws.
ARTICLE XIX- AMENDMENTS TO LOCAL BYLAWS
After adoption, these bylaws may be amended by either of the following methods:
A. Majority vote of the members present in the Local meeting, if the proposed amendment has been introduced at a previous membership meeting or has been advertised to the membership by use of the Local newsletter, Bulletin Boards or U.S. Mail, postage prepaid, at least seven (7) days in advance of the meeting; or
B. Referendum of the membership.
ARTICLE XX- REFERENDUM OF THE LOCAL
A. The Local Election Committee shall submit any question(s) to a referendum of the membership when directed to do so by the governing body of the Local or by action of a regular or special membership meeting.
B. Questions submitted to referendum shall be determined by a majority vote of those voting on the question.
ARTICLE XXI - FISCAL YEAR AND AUDIT
A. The fiscal year of this Local shall be from October 1st of each year to and including September 30th of the succeeding year.
B. The financial records of this 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 the inspection of any member of the Local and a copy thereof shall be sent to the District Vice President.
ARTICLE XXII - OATH OF OFFICE
Each elected officer of the Local, after meeting all other qualifications, shall be duly installed upon taking the following oath:
"I, (name), hereby accept the office of (name of office) of Local 9009, Communications Workers of America, 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 Constitution and policies of the Union.
"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, so help me God."
ARTICLE XXIII – ADOPTION
These bylaws shall be adopted upon the chartering of the local.
These Bylaws adopted September 2022.
Revised Bylaws Adopted 17 July 2023.