TOWER CLIMBERS UNION/CWA
Communications Workers of America Local 9424
Article I. NAME.
This Local shall be known as Tower Climbers Union/CWA – Communications Workers of America, Local 9424 (TCU/CWA).
Article II. MISSION.
TCU/CWA Local 9424 will work to improve working conditions in the tower industry, secure a voice for tower workers, and provide for the participation of workers in making the industry safer and more equitable for everyone.
Integral to our workplace struggles, we commit to resist all forms of discrimination on the basis of race, ethnicity, nationality, gender, class, sexuality, religion, and ability.
Article III. JURISDICTION.
The jurisdiction of the Local shall be all workers employed in all tiers of the telecommunications tower industry.
Article IV. STRUCTURE.
The structure of this Local shall consist of the following:
1) The Membership.
2) The Executive Board.
3) The Local Officers.
4) Various Work Committees.
Article V. GOVERNING AUTHORITY.
The affairs of the Local shall be governed by its membership in accordance with the Constitution and policies of CWA 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 between membership meetings. (c) Through actions of the Local Officers between meetings of the Executive Board.
Article VI. MEMBERSHIP.
Section 1. Eligibility.
Any person eligible for membership in the Communications Workers of America, as defined by Article V of its Constitution, shall be eligible for membership in the Local, if performing work within the Local’s jurisdiction or if employed on a part-time or full-time basis by the Union or Local. Individuals are eligible for membership regardless of craft, skill, age, race/ethnicity, gender, sexual orientation, religious or political beliefs or affiliation, disability, or immigration status.
Section 2. Admission to Membership.
Membership in the Local shall be obtained upon the approval of a Membership Committee authorized to accept or reject membership on behalf of the Local, subject to the right of the membership to overrule the decision of the Membership Committee.
Section 3. Retirement and Resignation.
(a) Members in good standing (see article X, section 1 for definition) who retire or otherwise take a leave of absence may have their membership continue.
(b) A member may resign in writing to one of the Executive Officers of the Local or member of the organizing staff.
Section 4. Membership Meetings.
(a) Membership meetings shall be held at least quarterly. The membership shall have the power to determine the actual frequency and/or number of membership meetings to be held each year. (b) All decisions made in membership meetings shall be by majority vote of the members present. (c) The time and place of membership meetings shall be set by the Executive Board. Membership meetings should be held so that members can participate remotely.
(d) Special membership meetings may be called by the Executive Board with thirty (30) days notice, or by petition of ten percent (10%) of the members.
Section 5. Membership data
(a) Membership data shall include but is not limited to information collected on membership forms and interest lists.
(b) Collected membership data shall become property of the Local.
(c) Membership data will not be disclosed to any outside organization for any reason except as required by administrative processes.
(d) The Local’s Executive Board and staff shall take reasonable care to maintain the confidentiality of membership data.
Section 6. Rights of Membership.
(a) The membership shall have full power over all matters, including the election of Local Officers and otherwise amending these Bylaws.
(b) The membership may at any time require from any union member or body a full and detailed statement of account of any action or business done in the name of the union.
(c) No member(s), Local Officer(s), or staff may enter into any agreement in the name of the union without approval of the Executive Board and/or the membership.
Section 7. 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 CWA Constitution.
Section 8. Local Dues
The dues of this Local shall be at least $20 per month. The dues amount is established, and can only be changed by the Local in accordance with the policies and actions of the CWA Executive Board and the CWA Convention. Such dues payments will determine the Local’s delegate strength at the Union Convention.
Article VII. LOCAL OFFICERS.
Section 1. Definition.
The Officers of the union shall be Local President, Local Vice President, Local Secretary-Treasurer. During the initial organizing period, the Officers may be substituted by a 7-person Steering Committee, to be elected by the membership.
Section 2. Responsibilities.
(a) The Local President shall serve as the primary contact person for the union, shall enforce these Bylaws, shall report all actions of the Executive Board and Local Officers to the membership, and shall preside at all meetings of the union or arrange otherwise.
(b) The Local Vice President shall work at the direction of the Local President, assisting the Local President, helping to coordinate activities throughout the Local, and performing the duties of the Local President in her/his absence.
(c) The Local Secretary-Treasurer shall work at the direction of the Local President and be responsible for the maintenance of all bank accounts and for the account of all receipts and expenditures to the membership and Executive Board in the form of monthly and annual financial reports and shall cause the proper filing of all reports or filings required by federal, state or local law. The Local Secretary Treasurer shall also be responsible for the recording and distribution of the minutes of membership and Executive Board meetings, for the maintenance of member and mailing lists and files, for furnishing the CWA District Vice-President and the International Secretary-Treasurer with copies of any changes to these Bylaws within ten (10) days after such changes are adopted, and for certifying the Local delegates to the CWA Convention to the International Secretary-Treasurer within the time limits specified in Article VIII of the CWA Constitution.
(d) The Officers of the union will serve as Delegates to the Union Convention.
Section 3. Eligibility.
Any member in good standing (see article X, section 1 for definition) shall be eligible for election as an Officer, however no member may serve in more than one (1) office.
Article VIII. NOMINATION AND ELECTION OF LOCAL OFFICERS.
Section 1. Nomination.
(a) Nominations shall be made from the floor at any meeting of the union held during the month of September of an election year. It is the responsibility of the nominating member(s) to ensure beforehand that each nominee has agreed to stand for the position for which she/he is being nominated. (b) All members must be notified of the offices to be filled and the proper method of submitting nominations at least fifteen (15) days prior to the first union meeting scheduled during September of an election year.
Section 2. Election.
(a) The election of Local Officers shall be held during the month of October of an election year by either mail referendum or by another method in compliance with federal law, as decided by the Local Election Committee and upon approval of the Executive Board.
(b) Notice of elections (and referendum ballots when applicable) shall be mailed to each member’s last known mailing address not less than fifteen (15) days prior to the date and time set for the return of the ballots.
Section 3. Local Election Committee.
(a) The nomination and election of Local Officers shall be conducted under the supervision of the Local Election Committee. This committee shall have the authority and responsibility to see that nominations and elections are conducted in accordance with federal law, the CWA Constitution and these Bylaws, with reasonable opportunity for each member to nominate and vote for the candidate of their choice. (b) The Local Election Committee shall also conduct any referenda submitted to the membership. (c) All questions concerning the conduct and challenges of elections shall be determined by the Local 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 union in good standing (see article X, section 1 for definition) shall be eligible to vote for Local Officers.
(b) The nominees in any and all elections for Local Officer positions receiving the majority of the votes cast shall be declared elected. If no one nominee has a majority on the first ballot, the vote shall be taken again and the two (2) nominees having the greatest number of votes shall be nominees on the second ballot.
(c) The term of office shall be for three (3) years.
(d) The term of office of outgoing Officers shall expire thirty (30) days after certification of the election results, by which time they shall have delivered all books, records, monies and property to the newly elected Officers.
(e) The membership and/or Executive Board shall have the power to define additional responsibilities for Officers as needed.
(f) Officers shall serve in an administrative capacity only, with all the rights and responsibilities of membership, but no special authority over non-administrative matters.
Section 5. Resignation and Vacancies.
(a) An Officer may resign in writing to the Local President or by verbal announcement at an Executive Board meeting or membership meeting.
(b) If an Officer, other than the Local President resigns, the Local President may appoint a member to that position temporarily until the office is filled by election.
(c) In the event of a vacancy in the office of the Local President, the Vice President shall assume the duties of Local President until the next scheduled election.
Article IX. EXECUTIVE BOARD.
Section 1. Definition.
(a) The Executive Board shall be a body of members that coordinates work, ensures that all decisions of the membership are carried out in a timely and effective manner, and otherwise carries out the administration of the Local between membership meetings.
(b) The Executive Board shall act as the decision-making body of the Local between membership meetings as long as its decisions follow the policies set by the membership and do not contradict these Bylaws. Its decisions will be subject to democratic mechanisms, such as, any decision can be transformed into a referendum or any decision can be rescinded by a majority vote of membership.
Section 2. Composition and Responsibilities.
(a) The Executive Board shall be composed of the Local Officers and elected Board members. Elected Board members shall number in such an amount as to ensure that the total number of Board members be no less than seven (7) persons.
(b) The procedures for nominating and electing members to the Executive Board shall be the same as applied to Local Officers. The term of office shall be the same as the term of office for Local Officers. (c) In the event of a vacancy for any reason, the membership shall have the power to elect a new Board member by majority vote at any membership meeting to serve the remainder of the term. (d) The membership shall strive to elect members to the Executive Board that reflect the diversity of the membership in all respects. Towards this end, the membership shall have the power to specify the number of Board members and from which work areas, geographic locations, and/or job classifications individual Board members may be elected. If the Executive Board is in any manner insufficiently diverse, there will be a procedure to redress it.
Section 3. Executive Board Meetings.
(a) The time and location of Executive Board meetings shall be set by the Local President. (b) Special Executive Board meetings may be called by a majority of its members. (c) Executive Board meetings shall be open to all members of the Local.
(d) All decisions of the Executive Board shall be final upon majority vote of the membership. (e) Executive Board members may make motions and vote by electronic mail or telephone, provided all Executive Board members have equivalent access to whatever means is employed and reasonable opportunity to vote on all motions.
(f) The Local Secretary-Treasurer shall ensure that all actions and decisions of the Executive Board and the votes of each member are reported to the membership in a timely manner.
Article X. GOOD STANDING.
Section 1. Good Standing.
(a) A member in good standing is one who is aligned with our vision of joining together to collectively improve conditions in the tower industry.
(b) A member in good standing is one who has made her/his one-time initial membership contribution. (c) A member in good standing is one who participates in building the union.
(d) A member in good standing is one who pays voluntary monthly dues of at least $20 per month. For members subject to a collective bargaining agreement, a member in good standing is one who pays monthly dues in accordance with the policies and actions of the CWA Executive Board and the CWA Convention.
Article XI. CONDUCT OF MEETINGS AND LOCAL BUSINESS.
Section 1. Conduct of Business.
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 CWA Constitution.
Section 2. Due Notice.
Due notice of at least seven (7) days must be given prior to any Local meeting.
Section 3. Quorums.
(a) The number constituting a quorum for Local meetings shall be those present.
(b) A majority of the members of a work committee shall be the quorum for those bodies.
Article XII. RECALL OF LOCAL OFFICERS AND EXECUTIVE BOARD MEMBERS.
Section 1. Recall of Local Officers.
Any elected Officer of the Local may be recalled in accordance with the provisions of Articles XXI, Section 2, and XXII, Section 8, of the Union Constitution. A recall petition must be preferred by twenty percent (20%) of the membership.
Section 2. Recall of Executive Board Members.
Executive Board members may be recalled by the same process described in Section 1 of this Article. Article XIII. REFERENDUM.
A union-wide referendum on any organizational question may be initiated by the Local Election Committee when directed to do so by the Executive Board or membership, or by petition of ten percent (10%) of the members. Questions submitted for referendum shall be decided by majority vote of those voting on the question.
Article XIV. FINANCES.
Section 1. Fiscal Year.
The fiscal year of the Local shall be from October 1st of each year to and including September 30th of the succeeding year.
Section 2. Bank Accounts.
All bank accounts shall be in the name of the Local and shall bear the signatures of the Local President, Local Secretary-Treasurer, and up to two others designated by the Executive Board. These two other designees shall be elected Officers or Executive Board members.
Section 3. Allocation of Funds.
The Executive Board and Local Officers shall be responsible for allocating funds according to budgets ratified by the membership. The membership, Executive Board, or any committee may request a full account of all receipts and expenditures from any member or body of members.
Article XV. CHARGES AND APPEALS.
Members and officers of the Local may be disciplined for any of the acts enumerated in Article XIX of the CWA Constitution. Trials and appeals shall be conducted under the provisions of Article XX of the CWA Constitution. A trial court of this Local shall be composed of three persons, who are members of the Local and not parties to the proceedings, and who shall be selected by the Executive Committee.
Article XVI. FISCAL YEAR AND AUDIT.
The fiscal year of the Local shall be from October 1st of each year to and including September 30th of the succeeding year. The financial records of this Local shall be audited by a Certified Public Accountant, or by a committee established by the Local, 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 XVII. AMENDMENTS.
After adoption, these Bylaws may be amended by first, vetting such proposed changes with the District Vice-President and then, either by referendum of the membership or by majority vote of the members present in a membership meeting, provided the proposed amendment has been introduced at a previous membership meeting or has been advertised by use of a union newsletter or by U.S. mail, postage prepaid, at least seven (7) days in advance of the date voting takes place.
The Executive Board will strive to convene a meeting annually to reconsider these Bylaws.
Article XVIII. INTERIM PROCEDURES.
The following interim procedures shall apply to this Local upon its chartering by the CWA Union Executive Board, in accordance with Union policies regarding Organizing Locals:
a) TCU/CWA Local 9424 shall be treated as an “Organizing Local.”
b) The CWA Union Executive Board shall appoint a Chair of TCU/CWA.
c) The Chair shall be a member or staff of the Union.
d) In lieu of an Election Committee, the initial election for Steering Committee shall be conducted by the Chair or her or his designee. The Chair shall coordinate with the Steering Committee to conduct this election for the Steering Committee following the July 4, 2023 launch of the Local. Members will then begin paying monthly dues.
e) The Chair shall work with and provide guidance to the Steering Committee in the conduct of the affairs of TCU/CWA and in preparing TCU/CWA for officer elections.
f) The Chair shall fulfill the duties of Local President, Local Vice President, and Local Secretary Treasurer until those offices are filled through elections.
g) The Chair shall report to the CWA Union Executive Board on a quarterly basis on the progress of TCU/CWA with respect to TCU/CWA’s objectives and with respect to a timeline for TCU/CWA’s officer elections. The Chair shall work to ensure such officer elections occur as soon as practicable.
h) Upon approval of the CWA Union Executive Board, TCU/CWA officer elections shall proceed and the Chair will transfer her or his officer duties to the duly elected officers upon their assumption of office, under her or his guidance.
i) The Chair or her or his designees shall provide training and guidance to the elected officers, Steering Committee, and other committees of TCU/CWA and report to the CWA Union Executive Board on a quarterly basis regarding the progress of TCU/CWA, until such time as the CWA Union Executive Board votes to end these interim procedures.
These Bylaws adopted July 2, 2023.