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 provide to the membership a itemized accounting
showing full disclosure and reporting of how member’s dues are being spent, providing ample circumstantial evidence
of misappropriation of member’s dues.
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, with it appearing that there is no intent to change, but to continue to conduct business as usual. At this meeting,
members were again read self-serving information from the monthly financial reports, notwithstanding numerous
request to provide full disclosure and reporting as noted herein.
The financial reports utilized do not provide full disclosure and reporting of itemized expenditures of this
administration, e.g., it does not provide the salaries (including overtime and bonuses), stipends and lost time wages
paid out to local staff, Executive Board and members.
Nor does these financial reports or any other report detail what expenses are chargeable and non-chargeable
against the dues of agency fee payers, who apparently are entitled to rebates of their dues for non-chargeable
expenses and can seek redress before the Public Employees Relation Commission to recoup their dues over the
years. See e.g. Wieczorek, et al. v. CWA Local 1034, PERC Dkt No. AB-2003-02, and; Jacobs v. Teamster Local 97,
PERC Dkt. No. AB-2006-05.
This administration has used the same accounting firm to conduct audits over a significant period of time. There
should be a rotation of auditing firms to provide for independence and objectivity of audit reporting.
This administration continues their claim of having expending dues for organizing, in the financial report recited at
the November 2008 membership meeting, when in fact there has been no organizing of new members.
The circumstantial evidence of this administration’s adamant refusal to provide the requested financial information and
the other complaints filed hereto is sufficient to establish that there is a misappropriation of funds.
Astonishingly, unsustainable charges have ensued against members of the Members For Change Team “for
making false material statements and mischaracterizations of the financial status of CWA Local 1033 through the
internet as well as for making potentially libelous statements impugning the integrity of a professional cooperation.”
During the election there was an abundance of rhetoric and vitriol by the opposing candidates.
Needless to say, this administration must produce full disclosure of all itemized expenditures as noted above as
discovery before any trial for Members For Change or prior to trial of the Roeder Team as requested below.
The members vehemently object to any expenditures of union funds for legal representation in this matter in any
manner or form.
REMEDY
The members of this Local has the right and privilege of knowing exactly how their dues are being spent. The
membership should order full control of the financial records be given over to selected members (with an accounting
background) to audit this Local’s financial records to fully disclose: salaries (including overtime and bonuses), stipends
and lost time wages paid out to local staff, Executive Board and members over the last three years; expenses that were
chargeable and non-chargeable against agency fee payer dues. And, engage another accounting firm to do the
annual audits. Absent, total cooperation by this administration with this member auditing team regarding access to
requested records, the four (4) elected officers should be suspended, to preclude interference, so that a thorough
investigation of the expenditures of this local can be conducted.
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: ☺