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
Dona M. Varga
870 Rt. 130 North, Apt. G-4
Burlington, NJ 08016
609-239-9579
July 13, 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 append this supplement to their most recent complaint.
COMPLAINT
Complainants received notice on July 11, 2011, of the 2011 Local 1033 Officers Election Procedures from the Local
1033 Election Committee. Exhibit G.
Complainants received yet another notice on July 12, 2011, from Pat Stetler, Staff Secretary of Local 1033,
apparently to report the establishment of an ad hoc Local Membership Committee, with Stetler as the purported
chairperson. Exhibit H.
The Officers Election Procedures provided: “members are advised to notify the Local of any change of address
before member election packets are mailed in mid-October. Returned member election packets will not be re-
mailed and may result in your not being able to vote.”
Conversely, the question is whether the Local made “reasonable efforts” to update current home addresses for
members of this local during the past 3 years. Clearly, the timing and urgency of the ad hoc Local Membership
Committee notice is suspect.
In Chao v. HERE Local 54, 166 F.Supp.2d 109 (D.N.J. 2001), this court reviewed a variety of steps taken by the
union to keep its mailing list updated, and concluded that they were insufficient under the LMRDA, and held that:
“while periodically reminding members to supply current address information and providing them with opportunities
to do so is necessary to supplement any effort to maintain current mailing lists, such general reminders cannot
substitute for a systematic procedure for obtaining up-to-date address information on a periodic basis.”
The notice by the Membership Committee is the first and only reminder to members of this Local to update their
mailing addresses. Notwithstanding this reminder, the Election Committee may not by fiat or decree deny members
the right to vote, due to the failures of the Local to establish and maintain a Membership Committee that provides a
“systematic procedure for obtaining up-to-date address information on a periodic basis.” This failure violates the
Local’s by-laws which mandate such a committee and, the Constitution, Article XIII, Sec. 9 (e):
To establish and maintain actively functioning…such other committees as
may be necessary to effectuate the policies of the Local, the Union and the
District, State or Area, and:
(p): To establish a program designed to keep rank and file members
informed of Union Activities.
Denying members the right to vote because of the breach of fiduciary duties by the Local Executive Board is a
violation of this group of members’ equal rights to nominate candidates, participate in a fair and democratic election
and, to participate in the business of this Local; irrefutable violations of the Constitution, Local By-laws and Title 1.
Further, membership mailings via the United States Postal Service (USPS) is the Local’s “establish[ed] program
designed to keep rank and file members informed of Union activities.” This method has failed. Additionally, just this
past week, the Local Executive Board has squandered $9240.00 of members’ dues in postage costs (7000
members x .44 x 3 mailings), a clear misappropriation of members’ dues.
Moreover, it is complainant’s contention that the Local Executive Board is misappropriating members’ dues for
campaigning purposes.
CONCLUSION
For all the foregoing reasons and reasons of record, the complainants should be granted the remedy requested, in
addition to enjoining this parody of an election process employed by the Local 1033 Executive Board and Election
Committee, that tramples the members’ right to a fair and democratic election.
/s Jesse J. Averhart /s/ Mary R. Walker /s/ Dona M. Varga
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
Dona M. Varga
870 Rt. 130 North, Apt. G-4
Burlington, NJ 08016
609-239-9579
July 13, 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 append this supplement to their most recent complaint.
COMPLAINT
Complainants received notice on July 11, 2011, of the 2011 Local 1033 Officers Election Procedures from the Local
1033 Election Committee. Exhibit G.
Complainants received yet another notice on July 12, 2011, from Pat Stetler, Staff Secretary of Local 1033,
apparently to report the establishment of an ad hoc Local Membership Committee, with Stetler as the purported
chairperson. Exhibit H.
The Officers Election Procedures provided: “members are advised to notify the Local of any change of address
before member election packets are mailed in mid-October. Returned member election packets will not be re-
mailed and may result in your not being able to vote.”
Conversely, the question is whether the Local made “reasonable efforts” to update current home addresses for
members of this local during the past 3 years. Clearly, the timing and urgency of the ad hoc Local Membership
Committee notice is suspect.
In Chao v. HERE Local 54, 166 F.Supp.2d 109 (D.N.J. 2001), this court reviewed a variety of steps taken by the
union to keep its mailing list updated, and concluded that they were insufficient under the LMRDA, and held that:
“while periodically reminding members to supply current address information and providing them with opportunities
to do so is necessary to supplement any effort to maintain current mailing lists, such general reminders cannot
substitute for a systematic procedure for obtaining up-to-date address information on a periodic basis.”
The notice by the Membership Committee is the first and only reminder to members of this Local to update their
mailing addresses. Notwithstanding this reminder, the Election Committee may not by fiat or decree deny members
the right to vote, due to the failures of the Local to establish and maintain a Membership Committee that provides a
“systematic procedure for obtaining up-to-date address information on a periodic basis.” This failure violates the
Local’s by-laws which mandate such a committee and, the Constitution, Article XIII, Sec. 9 (e):
To establish and maintain actively functioning…such other committees as
may be necessary to effectuate the policies of the Local, the Union and the
District, State or Area, and:
(p): To establish a program designed to keep rank and file members
informed of Union Activities.
Denying members the right to vote because of the breach of fiduciary duties by the Local Executive Board is a
violation of this group of members’ equal rights to nominate candidates, participate in a fair and democratic election
and, to participate in the business of this Local; irrefutable violations of the Constitution, Local By-laws and Title 1.
Further, membership mailings via the United States Postal Service (USPS) is the Local’s “establish[ed] program
designed to keep rank and file members informed of Union activities.” This method has failed. Additionally, just this
past week, the Local Executive Board has squandered $9240.00 of members’ dues in postage costs (7000
members x .44 x 3 mailings), a clear misappropriation of members’ dues.
Moreover, it is complainant’s contention that the Local Executive Board is misappropriating members’ dues for
campaigning purposes.
CONCLUSION
For all the foregoing reasons and reasons of record, the complainants should be granted the remedy requested, in
addition to enjoining this parody of an election process employed by the Local 1033 Executive Board and Election
Committee, that tramples the members’ right to a fair and democratic election.
/s Jesse J. Averhart /s/ Mary R. Walker /s/ Dona M. Varga
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