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NOTICE: CWA Board Amends Internal Appeals Procedure

At its meeting in October the CWA Executive Board changed the CWA Internal Appeals Procedures as it relates to a complaint concerning a Vice President's decision not to take a grievance to arbitration. The new procedure eliminates the Executive Committee from the Appeals process and sets a 30-day time limit within which to file a complaint with the President of the Union about the Vice President's decision.

The Executive Board adopted a new Section III to the Internal Appeals Procedures which specifically addresses the Vice President's decision not to take a case to arbitration. The Executive Board changed the procedures to streamline them and to bring more clarity when the issue involved is a denial of arbitration.

Under the new procedures a complaint concerning the Vice President's decision not to arbitrate must be filed with the Presi-dent of the Union within 30 days of the notice of the Vice President's decision. The President will then decide the case within 30 days, after which an appeal directly to the Executive Board may be made.

The text of the new Section of the Internal Appeals Procedure follows:

New Section III: CWA Internal Appeals Procedures

III. Arbitration Complaints.

In the event a Vice President determines not to arbitrate a grievance, either the Local or the grievant(s) may file a complaint.

A. The Complaint.

1. A complaint of a Vice President's decision not to arbitrate a grievance shall be:

(a) In writing;

(b) Signed by the complainant;

(c) Filed with the President of the Union;

and

(d) Submitted within thirty (30) days of the notice of the Vice President's decision.

2. (a) Consideration by the President of the complaint.

(1) The President shall take whatever steps are deemed necessary to secure the facts of the matter complained about which may include an investigation and the obtaining of all records of the matter in the possession of the Vice President, the Local, its officers or governing body.

(2) The President shall review the complaint and within thirty (30) days affirm, reverse or modify the decision of the Vice President, or return the case to the Vice President with such direction or order as may be determined to be appropriate. He or she shall notify interested parties of his or her action.

B. Appeal of President's decision.

1. The decision of the President may be appealed in writing by the grievant(s), the Vice President or the Local to the Executive Board of the Union within thirty (30) days following the date of the notice of the President's decision. The appeal shall be filed with the Secretary-Treasurer of the Union.

2. The Executive Board shall review the appeal and affirm, reverse or modify the decision of the President.

3. The Executive Board shall base its decision upon the record of the matter, including such statements as may be filed by the grievant(s), the Local, the Vice President or the President, and any other facts that may be developed.

4. There shall be no right to appear personally before the Union Executive Board, except at the invitation of the Executive Board.

5. Interested parties shall be notified in writing of the decision and action of the Executive Board.

6. The decision of the Executive Board may be appealed to the next Convention in accordance with the provisions of Article VII, Section 1, Paragraph (b) of the Constitution.