Electronic Mail and First Class Mail
Jesse J. Averhart Mary R. Walker
23 North Lenape Ave. Carteret Arms
Trenton, NJ 08618 333 W. State St. – Apt-10L
609-865-5431 Trenton, NJ 08618-5744
609-433-3950
August 1, 2011
Larry Cohen, President, and
Jeff Rechenbach, Secretary-Treasurer
Communications Workers of America
501 3rd St., N.W.
Washington, D.C. 20001-2797
Dear Messrs. Cohen and Rechenbach:
On behalf of the members of Local 1033, the below signees submits another complaint (one of numerous) against
the CWA Local 1033 Executive Board and Election Committee. This complaint alleges continuous (ongoing)
systemic violations of the CWA Constitution and Rights and Privileges of the members of this local, secured by the
Bill of Rights in Title I of LMRDA, 29 U.S.C. § 411, SEC. 101 (a).
COMPLAINT:
It is the complainants’ contention that the Local 1033 Executive Board and/or Election Committee violates the
Constitution and Title 1 of the LMRDA:
1. Article XV, Sec. 4 (a) by violating “federal or provincial laws,” to wit, Title 1, Every member of a labor
organization shall have equal rights and privileges within such organization to nominate candidates, to vote in
elections or referendums of the labor organization, to attend membership meetings and to participate in the
deliberations and voting upon the business of such meetings, subject to reasonable rules and regulations in such
organization's constitution and bylaws. Emphasis added.
2. Article XIX, Sec. 1 (h) by “misappropriating money or property of the Union or Local” by expending members’
dues on an election process that is violative of the Constitution and Title I and prone to invalidation.
3. Article XIX, Sec. 1 (i) “for such other offenses, equally serious, which
tend to bring the Union or Local thereof in disrepute” by conducting an election in violation of the Constitution and
Title I and prone to invalidation.
STATEMENT OF FACT
On August 1, 2011, complainants picked up their nomination information packet to run for office in the 2011 Local
1033 Officer Election.
It was noted on the nomination petition that members are required in this election to include the last four (4) digits of
their social security numbers to validate their signatures on the nomination petitions. Exhibit A.
Pursuant to the 2011 Local 1033 Officers Election Procedures, dated July 8, 2011, that was mailed to the
membership, provided in part that:
….All union elections must be conducted in accordance with federal
labor laws . In addition to federal regulations, elections in Local 1033
will be conducted in accordance with the guidelines set forth in CWA’s
handbook How to Conduct Local Union Elections.
Federal labor law provides for the protection of Union members as they
relate to the members’ participation in the election process. It is the
responsibility of the Elections Committee to ensure that these rights are
protected throughout the entire process. This includes, but is not limited to,
the right to secret ballot, …..being informed of the conduct of an election…
The intrusive requirement of including the last four (4) digits of members’ social security on the nomination petition
is not a part of any reasonable rules and regulations in [the CWA Constitution or Local Bylaws as required by Title
I].
Indeed, this is the first instance of this requirement and further is not required by any federal law nor the CWA
handbook on how to conduct a local union election.
Even more egregious is the fact that this Election Committee conveniently failed to minimally “inform[ ] [members]
of the conduct of [this] election…[,]” viz, in the 2011 Local Officer Election Procedures of the requirement of
inscribing the last four digits of their social security # on the Nomination Petition.
Instead, opposing candidates must attempt to explain to members the unexplainable actions of the Election
Committee of this requirement, resulting in an act that could affect the outcome of this election by members
declining to sign petitions because of inadequate notice. Conversely, the incumbents can easily allow the member
to disregard the requirement and can insert the information later from the membership information maintained at
the local.
The intent is clear, the incumbents can retrieve this information and the opposing candidates cannot, thus making
the task of obtaining signatures that much more difficult.
When a member refuse to divulge this private information, it would be a denial of that member’s equal right to
nominate their candidate of choice without notice and a failure to provide adequate safeguards to ensure a fair
election.
Members should have been duly informed of this invasive requirement by the Election Committee, in the Local 1033
Officer Election Procedures and citing any legitimate authority that purports to require same.
Moreover the election chairperson, Peter Maurer, is paid a so-called consultant fee for his work on behalf of the
Local, where the local refuse to reveal such expenditures and is a part of another complaint.
An election appeal was filed with the Local 1033 Election Committee. Exhibit B
AFFIRMATION
The signees aver that the charges and complaints herein are true to the best of their knowledge and are filed in
good faith.
This complaint is filed directly with the CWA Union President and Secretary-Treasurer, pursuant to Art. XX, Section
2 (a) and Internal Appeals Procedures I B., where the complained of actions are against Local 1033 Officers and
Executive Board and where good cause has been shown of a willful refusal by this governing body to comply with
the CWA Constitution.
REMEDY
The continuing egregious conduct of Local 1033 justifies a lawsuit or other measure to recover damages, and to
secure an accounting and/or other appropriate relief, such as placing Local 1033 under the supervision of a
Temporary Administrator in accordance with Article XIII, § Section 8 of the CWA Constitution (“Constitution”), until
such time as this Local can be fully restored to democratic rule.
Effectuated pursuant to Article IX—Executive Board, Sections 4 and 8, where the CWA Executive Board is
empowered too:
(b) Remove any officer of a Local only on clear proof of fraud or dishonesty after sworn charges have been made
and after a fair trial and opportunity for appeal as provided in this Constitution;
(e) Cause an inspection to be made of the financial records of any Local and order an independent audit of the
books of any Local when convinced that such audit is necessary and proper to protect the membership of the
particular Local and the interest of the Union, and to publish to the members affected the results of such audit; the
cost of such audit to be borne by the Union;
(2) When the Executive Board has received written charges that the Officers of a Local are withholding from their
members information necessary for the effectuation of current policy or the achieving of important objectives of the
Union; or
(3) When a Local is pursuing a course of action which, if continued, would warrant its expulsion or the appointment
of a temporary administrator as provided in Article XIII;
This is the second major election violation that invalidates this election as these violations may have an affect upon
the outcome of this election and the outpouring of members’ dues continues. The CWA Union should immediately
halt this travesty upon the members of this local by appointing a temporary administrator to conduct the affairs of
this local until democratic rule is restored by taking control of this election and outsourcing it to a third party
election vendor.
CONCLUSION
For all the foregoing reasons and complaint/charges of record, the remedies requested should be granted,
consistent with the objectives of the Union in Article III of the Constitution.
In Unity,
/s Jesse J. Averhart /s/ Mary R. Walker
Jesse J. Averhart Mary R. Walker
23 North Lenape Ave. Carteret Arms
Trenton, NJ 08618 333 W. State St. – Apt-10L
609-865-5431 Trenton, NJ 08618-5744
609-433-3950
August 1, 2011
Larry Cohen, President, and
Jeff Rechenbach, Secretary-Treasurer
Communications Workers of America
501 3rd St., N.W.
Washington, D.C. 20001-2797
Dear Messrs. Cohen and Rechenbach:
On behalf of the members of Local 1033, the below signees submits another complaint (one of numerous) against
the CWA Local 1033 Executive Board and Election Committee. This complaint alleges continuous (ongoing)
systemic violations of the CWA Constitution and Rights and Privileges of the members of this local, secured by the
Bill of Rights in Title I of LMRDA, 29 U.S.C. § 411, SEC. 101 (a).
COMPLAINT:
It is the complainants’ contention that the Local 1033 Executive Board and/or Election Committee violates the
Constitution and Title 1 of the LMRDA:
1. Article XV, Sec. 4 (a) by violating “federal or provincial laws,” to wit, Title 1, Every member of a labor
organization shall have equal rights and privileges within such organization to nominate candidates, to vote in
elections or referendums of the labor organization, to attend membership meetings and to participate in the
deliberations and voting upon the business of such meetings, subject to reasonable rules and regulations in such
organization's constitution and bylaws. Emphasis added.
2. Article XIX, Sec. 1 (h) by “misappropriating money or property of the Union or Local” by expending members’
dues on an election process that is violative of the Constitution and Title I and prone to invalidation.
3. Article XIX, Sec. 1 (i) “for such other offenses, equally serious, which
tend to bring the Union or Local thereof in disrepute” by conducting an election in violation of the Constitution and
Title I and prone to invalidation.
STATEMENT OF FACT
On August 1, 2011, complainants picked up their nomination information packet to run for office in the 2011 Local
1033 Officer Election.
It was noted on the nomination petition that members are required in this election to include the last four (4) digits of
their social security numbers to validate their signatures on the nomination petitions. Exhibit A.
Pursuant to the 2011 Local 1033 Officers Election Procedures, dated July 8, 2011, that was mailed to the
membership, provided in part that:
….All union elections must be conducted in accordance with federal
labor laws . In addition to federal regulations, elections in Local 1033
will be conducted in accordance with the guidelines set forth in CWA’s
handbook How to Conduct Local Union Elections.
Federal labor law provides for the protection of Union members as they
relate to the members’ participation in the election process. It is the
responsibility of the Elections Committee to ensure that these rights are
protected throughout the entire process. This includes, but is not limited to,
the right to secret ballot, …..being informed of the conduct of an election…
The intrusive requirement of including the last four (4) digits of members’ social security on the nomination petition
is not a part of any reasonable rules and regulations in [the CWA Constitution or Local Bylaws as required by Title
I].
Indeed, this is the first instance of this requirement and further is not required by any federal law nor the CWA
handbook on how to conduct a local union election.
Even more egregious is the fact that this Election Committee conveniently failed to minimally “inform[ ] [members]
of the conduct of [this] election…[,]” viz, in the 2011 Local Officer Election Procedures of the requirement of
inscribing the last four digits of their social security # on the Nomination Petition.
Instead, opposing candidates must attempt to explain to members the unexplainable actions of the Election
Committee of this requirement, resulting in an act that could affect the outcome of this election by members
declining to sign petitions because of inadequate notice. Conversely, the incumbents can easily allow the member
to disregard the requirement and can insert the information later from the membership information maintained at
the local.
The intent is clear, the incumbents can retrieve this information and the opposing candidates cannot, thus making
the task of obtaining signatures that much more difficult.
When a member refuse to divulge this private information, it would be a denial of that member’s equal right to
nominate their candidate of choice without notice and a failure to provide adequate safeguards to ensure a fair
election.
Members should have been duly informed of this invasive requirement by the Election Committee, in the Local 1033
Officer Election Procedures and citing any legitimate authority that purports to require same.
Moreover the election chairperson, Peter Maurer, is paid a so-called consultant fee for his work on behalf of the
Local, where the local refuse to reveal such expenditures and is a part of another complaint.
An election appeal was filed with the Local 1033 Election Committee. Exhibit B
AFFIRMATION
The signees aver that the charges and complaints herein are true to the best of their knowledge and are filed in
good faith.
This complaint is filed directly with the CWA Union President and Secretary-Treasurer, pursuant to Art. XX, Section
2 (a) and Internal Appeals Procedures I B., where the complained of actions are against Local 1033 Officers and
Executive Board and where good cause has been shown of a willful refusal by this governing body to comply with
the CWA Constitution.
REMEDY
The continuing egregious conduct of Local 1033 justifies a lawsuit or other measure to recover damages, and to
secure an accounting and/or other appropriate relief, such as placing Local 1033 under the supervision of a
Temporary Administrator in accordance with Article XIII, § Section 8 of the CWA Constitution (“Constitution”), until
such time as this Local can be fully restored to democratic rule.
Effectuated pursuant to Article IX—Executive Board, Sections 4 and 8, where the CWA Executive Board is
empowered too:
(b) Remove any officer of a Local only on clear proof of fraud or dishonesty after sworn charges have been made
and after a fair trial and opportunity for appeal as provided in this Constitution;
(e) Cause an inspection to be made of the financial records of any Local and order an independent audit of the
books of any Local when convinced that such audit is necessary and proper to protect the membership of the
particular Local and the interest of the Union, and to publish to the members affected the results of such audit; the
cost of such audit to be borne by the Union;
(2) When the Executive Board has received written charges that the Officers of a Local are withholding from their
members information necessary for the effectuation of current policy or the achieving of important objectives of the
Union; or
(3) When a Local is pursuing a course of action which, if continued, would warrant its expulsion or the appointment
of a temporary administrator as provided in Article XIII;
This is the second major election violation that invalidates this election as these violations may have an affect upon
the outcome of this election and the outpouring of members’ dues continues. The CWA Union should immediately
halt this travesty upon the members of this local by appointing a temporary administrator to conduct the affairs of
this local until democratic rule is restored by taking control of this election and outsourcing it to a third party
election vendor.
CONCLUSION
For all the foregoing reasons and complaint/charges of record, the remedies requested should be granted,
consistent with the objectives of the Union in Article III of the Constitution.
In Unity,
/s Jesse J. Averhart /s/ Mary R. Walker
 | | | | | | | | | |  |