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 is a complaint referencing the CWA Local 1033 Executive Board permitting the elected Executive Vice-
President, Diane Spence-Brown, to abscond and ignore her duties by reporting to her state employer on a daily basis
as opposed to reporting to the Local. Ms. Brown is obligated to familiarize herself with the daily duties of President in
the case of succession.
The provisions for this "complaint" is provided in the CWA 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 FACT SUPPORTING COMPLAINT
At the last membership meeting in November 2008, Ms. Brown was sworn in for a second term as Executive Vice
President, along with the entire Executive Board. As she had in her previous term of office, she returned to her state
position.
The elected office of Executive Vice President of CWA Local 1033 based upon past practice and practicality is a full-
time position. This elected position is first in the presidential line of succession, becoming the new President of Local
1033 upon the death, resignation, or removal of the President. Additionally the Executive Vice President performs such
duties as an agent of and at the discretion of the President of this local.
However, the President of this Local cannot abuse this discretion and assign duties outside the ambit of the intent and
purpose of the CWA Union Constitution and CWA Local 1033 Bylaws. Assigning non-fiduciary duties. To wit, assigning
the Executive Vice President back to her state employment on a full-time basis.
In this present term of office, the Executive Board has failed to provide leadership continuity, acceding to the will of the
President. This Board has permitted a realigning of succession by the President, who has unilaterally elevated the
elected position of Secretary, held by Mr. Anthony Miskowski to a full-time position, creating the non-existent title of
Executive Secretary. In the President’s absence the (sic) Executive Secretary ascends to the title of President rather
than the Executive Vice President.
More egregious is that Ms. Brown is paid by her employer and receives remunerations from the Local for services
rendered in her capacity as Executive Vice President, when no services are rendered. This is a misappropriation of
member’s dues.
The members vehemently object to any expenditures of union funds for legal representation in this matter in any
manner or form.
REMEDY
The Board is fully aware of these abnormalities, yet has remained silent. After a hotly contested accusatory election---
this Board refused to consider or ignored any improprieties on the part of the four primary Executive Officers. It is now
back to business as usual in this new term: failing to represent the interest of this membership.
A thorough investigation of payroll and time records must be effectuated in order to ascertain the depth and
appropriate sanctions regarding these irregularities. In the interim, Ms. Brown should be suspended pending the
conclusion of this investigation and any subsequent actions. Absent appropriate actions by the Executive Board,
sanctions should be imposed against this Board, up too 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:☺