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
RE: ELECTION OBJECTIONS #2
Peter Maurer, Chairman
CWA Local 1033 Election Committee
321 West State St.
Trenton, New Jersey 08618
Dear Mr. Maurer:
The undersigned complainants submits the following election objections in response to the nomination packets
retrieved on the above date, requiring members to put the last four (4) digits of their social security number on the
petition.
Pursuant to the 2011 Local 1033 Officers Election Procedures, July 8, 2011, which provides in part:
….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…
It is the complainants’ contention that the Local 1033 Election Committee violates the CWA Constitution and Title 1 of
the LMRDA:
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.
The intrusive requirement of 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 “inform[ ] [members] of the conduct
of [this] election…viz, the requirement that they put the last four digits of their social security # on the Nomination
Petition.
Instead, opposing candidates must attempt to explain to members this unexplainable requirement by the Election
Committee, 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.
If members refuse to divulge this private information, those members would be a denied equal right to nominate their
candidate of choice without notice and is a failure by this committee to provide adequate safeguards to ensure a fair
election.
Members should be duly informed of this invasive requirement by the Election Committee, citing the authority for this
requirement in the referenced authority this Election Committee purportedly relies upon.
Once again, this Election Committee under Mr. Peter Maurer’s guidance, usurp the rights of the members of this local
to a fair and democratic election.
Also, it was noted that Rae Roeder signed out for 19 Nomination Packets. Why?
The undersigned again demand that Mr. Peter Maurer recuse himself as Chairman of the CWA Local 1033 Election
Committee and another non-employee of this local be appointed as chairperson to conduct this election by a third
party vendor to ensure the integrity of the 2011Local 1033 Officer Election.
/s/ Jesse J. Averhart /s/ Mary R. Walker
c. L. Cohen
C. Shelton
H. Rosenstein
CWA Local 1033 Members
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
RE: ELECTION OBJECTIONS #2
Peter Maurer, Chairman
CWA Local 1033 Election Committee
321 West State St.
Trenton, New Jersey 08618
Dear Mr. Maurer:
The undersigned complainants submits the following election objections in response to the nomination packets
retrieved on the above date, requiring members to put the last four (4) digits of their social security number on the
petition.
Pursuant to the 2011 Local 1033 Officers Election Procedures, July 8, 2011, which provides in part:
….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…
It is the complainants’ contention that the Local 1033 Election Committee violates the CWA Constitution and Title 1 of
the LMRDA:
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.
The intrusive requirement of 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 “inform[ ] [members] of the conduct
of [this] election…viz, the requirement that they put the last four digits of their social security # on the Nomination
Petition.
Instead, opposing candidates must attempt to explain to members this unexplainable requirement by the Election
Committee, 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.
If members refuse to divulge this private information, those members would be a denied equal right to nominate their
candidate of choice without notice and is a failure by this committee to provide adequate safeguards to ensure a fair
election.
Members should be duly informed of this invasive requirement by the Election Committee, citing the authority for this
requirement in the referenced authority this Election Committee purportedly relies upon.
Once again, this Election Committee under Mr. Peter Maurer’s guidance, usurp the rights of the members of this local
to a fair and democratic election.
Also, it was noted that Rae Roeder signed out for 19 Nomination Packets. Why?
The undersigned again demand that Mr. Peter Maurer recuse himself as Chairman of the CWA Local 1033 Election
Committee and another non-employee of this local be appointed as chairperson to conduct this election by a third
party vendor to ensure the integrity of the 2011Local 1033 Officer Election.
/s/ Jesse J. Averhart /s/ Mary R. Walker
c. L. Cohen
C. Shelton
H. Rosenstein
CWA Local 1033 Members
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