Jesse J. Averhart
23 North Lenape Ave.
Trenton, NJ 08618
(609)865-5431
December 29, 2008
Anthony Miskowski Secretary
CWA Local 1033
321 West State St.
Trenton, New Jersey 08618
Dear Mr. Miskowski:
This complaint references the failure of the Executive Board to perform fiduciary duties of installing mandated
standing committees as required by the CWA Union Constitution and CWA Local 1033 Bylaws.
The provisions for this "complaint" is provided in the Union Constitution, Article IX, Section 7, providing that:
The purpose of these appeal procedures is to provide reasonable regulations for
the consideration and review of complaints of members regarding actions of the
Union or Local Officers or governing body, which are alleged to be in violation of
the Constitution, Local Bylaws, rights and privileges of members. Emphasis added.
These "reasonable regulations," are found at Article XI—Amendments, entitled "Internal Appeals Procedures" of the
Constitution.
As provided therein Mr. Miskowski, please place this complaint on the agenda for the next General Membership
Meeting scheduled in January 2009, as required by the Constitution.
STATEMENT OF COMPLAINT
At the membership meeting in November 2008, this Executive Board was sworn into office for another three year
term of office. In this new term of office, this Board should not conduct business and usual, but rather represent the
interest of this membership by complying with the mandated provisions of the Constitution and CWA Local 1033
Bylaws and establish Standing Committees.
During the previous term of office of this administration, this Executive Board claimed that they were not provided
an opportunity to investigate this allegation. Moreover, the CWA Union claims “Article XIII, Section 5, sets forth the
reasons that the [CWA Union] Executive Board may revoke a charter.”
The matter is before this Board, anew---during the current term of office, to take an affirmative stance now and began
the process of returning this Local back to the members.
This administration continues to make the claim that it has expended member’s dues in the course of organizing, when
in fact no workers have been organized to date.
Failure of this Board to act is tantamount to “willfully violating the Constitution of the Union, Local Bylaws.”
REMEDY
This Local’s membership cannot continue to shrink, losing our negotiating strength or continue to preclude member
participation in the democratic processes of this Local .The membership must mandate that an Organizing Committee,
a primary committee, be established immediately to pursue one of the elemental goals of a unionism, organizing
unorganized members. Other committees should be ordered established within a reasonable six (6) month time period.
In the event this administration fails to establish mandated standing committees, appropriate sanctions should be
imposed, up to and including removal from office. In the event this matter comes before the CWA Union for resolution,
it is respectfully demanded that the CWA Union intervene by taking control of this Local to protect the democratic
rights and financial interest of the local members and the union.
Thank you,
/s/ Jesse J. Averhart
Jesse J. Averhart
c. Members For Change
bc: ☺