Final Report of the Constitution Committee to the 79th CWA Convention
Click here for a printable pdf.
The Constitution Committee was scheduled to meet in the city of Washington, D.C. beginning May 15, 2023, for the purpose of reviewing and considering proposed amendments to the CWA Constitution. As of Thursday, May 11, 2023 at 11:59 pm ET, which is sixty (60) days in advance of the Convention, no proposed amendments were received.
The Constitution provides under Article XVI, Section 2, that the Constitution Committee is “charged with the duty of considering and reporting to the Convention and to the Executive Board on proposals to change the Constitution.” Article XXVIII, Section 2 & 3, provides that amendment’s submitted to the Constitution Committee sixty (60) days or more in advance of the Convention will require a majority vote of the Delegates present to be enacted. All other amendments to the Constitution proposed at the Convention shall require a three-fourths (¾) vote of those voting to effectuate such proposed amendments, but in no event shall the three-fourths (¾) vote of those voting thereupon be less than a majority vote of the approved delegates at the Convention. Any proposed amendment received on or after May 11, 2023, will require a three-fourths (¾) vote of the delegates at the Convention to be enacted.
The Constitution Committee met in the city of St. Louis, Missouri on July 7-9, 2023, for the purpose of reviewing and considering additional proposed CWA Constitutional amendments that were received after the preliminary report that was issued. The Committee has made itself available to any and all wishing to appear before the Committee. As of July 9, 2023, (1) one proposed amendment was received after the preliminary report.
The committee does not have any recommended amendments.
This report sets forth proposed amendments that have been received by the Committee after the preliminary report and will require a three-fourths (¾) vote of the delegates at the Convention to be enacted. A strikeout donotes deletion of language; boldface and underlined type denotes insertion of new language. Each proposal in this report will require a majority vote of the delegates at Convention to be enacted.
- Amend Article _19_, Section _2 sub section _c__
(c) Establishing any other ad hoc committees for the purpose of conducting investigations into or releasing reports about the Union, Officers, Executive Board, District, other Locals or Local Officers which are not specifically authorized by the CWA Constitution or approved by the delegates to the convention or in a non-Convention year by delegates to a Local Presidents’ Meeting.
Section 3—Suspension Pending Trial
An officer of the Union, member of the Executive Board, Local officer or other elected official against whom charges have been filed for conduct set forth in Paragraphs (a) and (b) and (c) of Section 2 of this Article may be suspended from office by a two-thirds (2/3) vote of the Executive Board pending final determination of the charges by a trial court or any appeal resulting from such trial, where such suspension is determined by the Executive Board to be in the best interest of the Union.
(submitted by Kevin Sheil - President CWA 1103)
The Committee discussed this proposal with Kevin Sheil, the President of CWA Local 1103.
President Kevin Sheil indicated that he is making this proposal to address the inefficiencies in the Constitution in the formation of ad-hoc committees in conducting investigations. President Sheil also indicated the inability of the member(s) to address the allegations and to charge someone outside their respective Local formally.
The Committee believes this amendment as written would be in violation of the Labor Management Reporting and Disclosure Act of 1959 (LMRDA), which guarantees some basic democratic rights within unions. The cornerstone of the LMRDA is Title 1 which is called the “Bill of Rights of Members of Labor Organizations.” These rights include, but are not limited to, the freedom of speech and assembly, the right to criticize union officials, distribute literature, and hold independent meetings.
The Committee does not recommend adoption of this proposal.
The Committee does not recommend adoption of this proposal