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Fellow CMAGE/CWA Local 4502 Members:

This Labor Day 2011, unions and their members across Ohio are pulling out all of the stops to defeat SB5. Overturning SB5 in November is organized labor’s highest priority. If the opponents of our right to collectively bargain prevail, we all know that the protections that we enjoy will all but be eliminated.  Ensuring the defeat of this undemocratic and unfair legislation has to be our highest goal. We will win this fight if we pull together and educate the public about what is at stake. We must win this fight.  Defeat is not an option.

Against this backdrop, I want you to know about an internal union matter. As previously reported, President Brien Bellous took disability leave, and I assumed the duties of President during his absence in accordance with our By-Laws.  Prior to President Bellous going on disability leave, a member filed a charge against him alleging that a campaign contribution made on behalf of the Union was not approved by the Executive Board in accordance with our By-Laws.  Under the CWA Constitution and our By-Laws, a charge is not proof of wrongdoing and President Bellous has not been found guilty of any misconduct. Under the CWA Constitution and By-Laws, only a properly established trial panel has the power to determine guilt or innocence and to impose penalties for violations of Union rules.  Due to a filing error, unrelated to the charge, the campaign contribution was returned to the Union.

After carefully considering the matter and consulting with our legal counsel, the Executive Board placed the charge and all related proceedings, such as appointing a prosecutor and a trial panel, on hold until President Bellous returns from disability leave. We made the decision because the CWA Constitution gives every member due process rights, including the right to participate in an investigation to determine whether a charge should be presented to a trial panel, the right to appear before a trial panel, the right to representation and the right to an appeal. Because a member on disability leave cannot exercise these due process rights, it is inappropriate to proceed until the member returns from disability leave. This decision would be the same if a similar charge had been filed against any member who was on disability leave. This decision also protects the right of the member who filed the charge to present his case to a trial panel.

Under the CWA Constitution, no individual or group of members can act as prosecutor, judge and jury in our Union.  Our Union must follow the procedures set forth in the CWA Constitution and our By-Laws, which can be found on our website. It is a fundamental principle of this Union that the City respect our members’ due process and disability leave rights. It would be wrong for us to conduct our own internal affairs any differently.

Fraternally,

Dave McCune
Vice President

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