The NewsGuild of New York Bylaws
NYGuild Members Overwhelmingly Support Bylaws Changes in Landslide Vote
Aug 25, 2022 - In a landslide decision of 807 for and 176 against, 82% of voters approved a referendum updating The NewsGuild of New York’s bylaws. The resounding vote demonstrated the overwhelming support and urgency to continue growing a democratic, member-led, fighting union. Read more...
Article I - Structure
Section 1
The membership of the Local shall have supreme authority in the Local.
Section 2
Between General Membership meetings, the Executive Committee shall be the legislative and administrative body.
Section 3
The officers shall be President, Secretary, Treasurer, Local Chairperson, First Vice President, Second Vice President, Third Vice President, six Vice Chairs and every Unit Chairperson.
Section 4
The TNG-CWA Constitution, the Constitution of the Communications Workers of America, these Bylaws, and Robert's Rules of Order shall prevail at Local and unit meetings.
Article II - Membership
Section 1
Applicants for membership shall submit their applications through their units to the President subject to appeal as provided in the TNG-CWA Constitution.
Section 2
Individuals shall be eligible for membership consistent with the applicable provisions of The TNG-CWA Constitution.
Individuals admitted to membership shall support the aims and purposes of the Local and the Guild; to advance the economic interests of members; to guarantee, as far as they are able, equal employment and advancement opportunity in the industry, constant honesty in news. editorials, advertising and business practices; to raise the standards of journalism and ethics of the industry, to foster friendly cooperation with all other workers; and to promote industrial unionism in the media industry.
Individuals admitted to membership shall not discriminate against any fellow member because of their age, sex, race, ethnicity, national origin, religious or political conviction, marital or parental status, sexual orientation, gender identity or expression, physical or mental ability, military service, or anything they write or otherwise create for publication.
Individuals admitted to membership shall not actively serve against the interests of the Local, the Guild or CWA, as per Article 2, Section 7 of The TNG-CWA Constitution, nor shall they divulge the confidential business of the Local, the Guild or CWA to non-members, knowingly causing harm to another member, or otherwise act in violation of the Constitution, Bylaws or Rules of the Local, the Guild or the CWA. Nothing within this section or anywhere else in these Bylaws abrogates Local members’ rights to speak freely or to participate in the democratic processes of the Local, the Guild, or CWA, including their rights under the Labor Management Reporting and Disclosure Act.
Section 3
Reinstatement fees and conditions shall be set by the Executive Committee.
Section 4
Good standing in the Local shall continue to include those members who have satisfied the requirements of Article XIII of the TNG-CWA Constitution as well as Organizing Members as defined in Article XIV of the TNG-CWA Constitution. Organizing Members shall continue to have all rights and privileges with respect to governance, elections, and activities of the Local.
Article III - Units
Section 1
The Unit Council is the elected administrative body of the Local for the unit. The Unit Council is responsible for carrying out the basic policies of the Local, as well as organizing members of the unit around workplace issues including bargaining, contract enforcement and organizing.
Section 2
Unit Councils shall be composed of three Officers, along with Council Members who represent departments, desks, areas of work, shifts, and other distinct organizational structures of work.
Section 3
Unit Councils shall have the following Officers: Unit Chairperson, Vice Chairperson and Secretary.
Unit Officer elections shall be conducted by mail ballot in units within the United States. Balloting in those units outside the United States shall be conducted in their shops. Before the third Saturday in October every third year, beginning in 1998, in accordance with rules set by the Local Election Committee, each unit shall elect a Chairperson, a Vice Chairperson, a Secretary, and a number of Council Members pursuant to Section 8 of this Article.
All Unit Officers shall be certified to the Local President by the Local Election Committee upon completion of the counting of the ballots, and they shall assume office on November 1.
All Unit Officers shall be required to take the Local's Oath of Office.
Section 4
The Unit Chairperson is the principal leadership position of the unit in the workplace, responsible for facilitating the functions of the Unit Council as set forth in Section 1 of this Article. Unit Chairpersons shall facilitate Unit Council and unit membership meetings in accordance with the procedures agreed upon by the Unit Council. Unit Chairpersons often interact with management in their capacity as a Unit Officer.
The Unit Chairperson, under the direction of the Local President, shall execute the fiscal provisions of the Constitutions of The NewsGuild-CWA and the Communications Workers of America and of these Bylaws.
The Unit Chairperson shall serve on the Local's Executive Committee as provided in Article IV.
Section 5
The Unit Vice Chairperson shall assist the Unit Chairperson in the facilitation of the functions of the Unit Council. The Unit Vice Chairperson shall serve as a member of the Executive Committee in the Unit Chairperson's absence.
Section 6
The Unit Secretary takes minutes at Unit Council and unit membership meetings and retains copies of unit communications (e.g.: shop papers).
The Unit Secretary, after each meeting of the Unit Council and membership, shall file a copy of the minutes with the Local Secretary.
The Unit Secretary shall serve as a member of the Executive Committee in the absence of both the Unit Chairperson and Vice Chairperson.
Section 7
Section 8
Council Members are members-at-large of the Unit Council and shall be responsible for carrying out the core functions of the Unit Council along with the Officers. Council Members may also act in the capacity of stewards. Council Members are not Officers of the Local, Guild, or CWA.
Effective upon the date of ratification, for the 2022 unit elections: The number of Council Members shall be equal to the number of additional Vice Chairpersons on existing Unit Councils as of August 10, 2022.
Effective November 1, 2025: The number of Council Members for a given unit shall be determined by the existing Unit Officers 90 days before nominations, taking into account latest available Local census data, the structure and the needs of the unit. The determination of the Unit Officers shall be in accordance with Section 9 of this Article and subject to approval or modification by the Local Election Committee.
The number of Council Members for all Unit Councils that are newly established following the ratification of these Bylaws shall be in accordance with Section 9 of this Article, taking into account latest available Local census data and the structure and the needs of the unit, and subject to approval or modification by the Local Election Committee.
Section 9
For units of up to 100 members, there shall be at least one Council Member for every ten members of the unit. For units in excess of 100 members, there shall be at least one Council Member for every ten members up to 100, and an additional Council Member for every fifty members of the unit over 100 members.
A Council Member who does not fulfill the core functions of the Unit Council for more than six months will be deemed to have vacated their seat, as determined by a majority of Unit Officers, effective fourteen days following notice to the Council Member of the Officers’ intent to deem the office vacated. Any dispute as to whether a Council Member has vacated their seat shall be settled by the Executive Committee of the Local.
Section 10
Council Members shall be elected in accordance with rules set by the Local Election Committee. To the extent permissible, such elections of Council Members shall be conducted via in-person unit membership meetings or by utilizing electronic means (e.g., online voting, e-mail voting).
Section 11
Vacancies in Council Member positions must be filled promptly if they occur more than ninety days before a regular unit election. Nominations shall accordingly be made promptly pursuant to rules and procedures set by the Local Election Committee.
Section 12
Unit election disputes shall be decided by the Local Election Committee, subject to the right of appeal to the Local Executive Committee and to the membership.
Section 13
Unit membership meetings shall be held at least twice a year. A quorum shall be no fewer than five members or ten percent of the unit membership in good standing, whichever is greater. Any member of the Local may attend meetings of any unit, but only unit members shall have voice, vote, and other rights at their own unit meetings.
Section 14
Additional unit membership meetings shall be held on petition of ten percent of the unit membership in good standing, or on not less than five days’ notice, barring exigent circumstances, when called by a majority of the Unit Officers or the Unit Chair.
Section 15
Associate members may form units of not fewer than five persons and send observers to the Executive Committee upon invitation of the Local Chair or President.
Article IV - Executive Committee
Section 1
The Executive Committee shall consist of the President, Treasurer, Secretary, Local Chairperson, First Vice President, Second Vice President, Third Vice President, all Unit Chairpersons, and 6 Vice Chairs.
Section 2
The Executive Committee shall meet every month, but meetings need not be held in July or August. Special meetings may be called by the Local Chairperson or, through notice to the President, by any three Executive Committee members. A quorum shall consist of 25 percent of the members who represent 25 percent of the units.
Section 3
The Executive Committee shall set basic policies, and shall fix salaries of the paid officers and staff members.
Section 4
All expenditures must be authorized by the Executive Committee's Committee on Finance and Administration, which shall be a standing committee. The Executive Committee shall arrange for adequate bonding of employees who handle funds and of officers who sign checks. To be valid, checks must be signed by the President and one other designated officer.
Section 5
The Committee on Finance and Administration shall consist of the President, Treasurer, Secretary, Local Chairperson, First Vice President, Second Vice President, Third Vice President, and any members of the Local holding office on the NewsGuild-CWA Executive Council. The Committee on Finance and Administration shall review the agenda for the General Membership and Executive Committee meetings, and may make recommendations to the Executive Committee.
Section 6
The Executive Committee may call a strike subject to the provisions of the Constitutions of the Communications Workers of America and TNG-CWA.
Article V - Local Elections
Section 1
The officers and other members of the Executive Committee shall be elected every third year. The election shall be by secret ballot. The term of office shall be three years. For all Local offices, unit offices, Unit Council Members and positions as delegate, election shall be by plurality except for the election of Local President, Vice Presidents, Secretary, and Treasurer, which must be elected by a majority of votes cast. The terms of office for Unit Officers and Unit Council Members shall be three years as set forth in Article III.
Section 2
For all Local offices, unit offices, unit Council Members and positions as delegate, only members of the Local in good standing shall be eligible to nominate, second, vote, or hold office.
Section 3
Officers and other members of the Executive Committee shall take office on January 2 and shall be installed at the January Membership meeting. Unit Chairpersons shall serve on the Executive Committee for a period co-extensive with their term of office.
Section 4
The Executive Committee shall elect a Local Election Committee, which shall consist of at least five members in good standing. If the number of members of the Local Election Committee falls below five, the Executive Committee shall elect a replacement member at its next meeting. The Local Election Committee shall supervise the nomination and election of all officers and members of the Executive Committee, delegates to the CWA convention and the TNG-CWA Sector Conference, as well as the nomination and election of all Unit Officers and Council Members. The Local Election Committee shall have the authority and responsibility to see that nominations and the elections are conducted in accordance with federal law, the NewsGuild-CWA and CWA Constitutions, these Bylaws, and the rules adopted by the Local Election Committee. The Local Election Committee shall have the authority and responsibility to see that each member is provided with a reasonable opportunity to nominate and vote for the candidate or candidates of his or her choice. The Local Election Committee shall have the authority and responsibility to establish a schedule for voting and counting ballots. The Local Election Committee shall retain the services of a recognized, neutral organization, with expertise in conducting union elections, to assist it in conducting all elections of officers and members of the Executive Committee, delegates to the CWA convention and TNG-CWA Sector Conference, as well as Unit Officers. Notwithstanding the foregoing, the Local Election Committee may conduct elections of Unit Officers without retaining the services of a recognized, neutral organization, with expertise in conducting union elections, where the unit consists of fewer than 100 members, unless one of the candidates in a contested election requests within one week of the close of the nomination period that the Local retain a neutral organization.
Section 5
The Local Election Committee shall also conduct any referenda submitted to the membership, and shall adopt rules for any such referenda. The Local Election Committee may retain the services of a recognized, neutral organization, with expertise in conducting union elections, to assist it in conducting the referenda.
Section 6
A member shall not be permitted to serve on the Local Election Committee if she or he is a candidate for any office of the Local or a unit or the CWA convention or the TNG-CWA Sector Conference.
Section 7
All questions concerning the conduct and challenges of elections shall be determined by the Local Election Committee, subject to the right of appeal to the Local Executive Committee and to the membership of the local.
Section 8
The Local Election Committee shall adopt rules for the nomination and election of Unit Officers and for the nomination and election of unit Council Members.
Section 9
On or before August 15 of the year before the elected officers and other members of the Executive Committee take office, the Local Election Committee shall adopt rules for the nomination and election of Local officers and the other members of the Executive Committee. The Local Election Committee shall be responsible for carrying out the election, counting the ballots, certifying the results of the election, and ruling on post-election protests. The election of the Unit Chairpersons shall be subject to the rules for the nomination and election of Unit Officers. The election of Unit Council Members shall be subject to the rules for the nomination and election of Unit Council Members.
Section 10
Nominations for the election of officers and other members of the Executive Committee shall take place at a meeting or meetings for the sole purpose of nominations to be held on or before October 10 of the year before the elected officers and other members of the Executive Committee take office. The nomination meeting or meetings and process shall afford members in good standing a reasonable opportunity to nominate candidates. Additional nominations may be made in writing to the Local Election Committee on a schedule to be set by the Local Election Committee. The Local Election Committee shall notify all candidates of their nomination and shall receive from them, on or before October 25, written notice of their willingness to serve.
Section 11
All Local elections shall be conducted by mail ballot, except that the Local Election Committee may conduct an election using electronic balloting upon approval of electronic balloting by the Department of Labor. Notwithstanding the foregoing, the Local Election Committee may conduct elections of unit Council Members as provided by Article III.
Section 12
Delegates and alternate delegates to the CWA convention and/or TNG-CWA Sector Conference shall be elected by the membership voting by secret ballot conducted not less than thirty days in advance of the applicable convention. The number of such delegates shall be determined by the Executive Committee.
Section 13
Vacancies in the office of President, Treasurer, Secretary, and in other Local offices shall be filled by an election to be held within ninety days. The Executive Committee shall appoint a member to temporarily fill any vacancy until the office is filled by an election. The Local Election Committee shall adopt rules and a schedule to conduct the elections held pursuant to this section, and, in all respects, shall conduct those elections in the same manner as required for regular elections, and in compliance with this Article V and all applicable federal law.
Article VI - Duties of Officers
Section 1
The Executive Committee shall have general supervision over all Local officers.
Section 2
The Local Chairperson shall preside at General Membership and Executive Committee meetings, supervise the work of other officers, and sign all membership cards.
Section 3
The President shall act in the place of the Local Chairperson when the Local Chairperson is absent. The Vice Presidents, in their numerical order, shall act in place of the Local Chairperson when both the Local Chairperson and the President are absent. The Local Chairperson shall act as Chairperson of the Committee on Finance and Administration, and the Treasurer shall submit a quarterly budget to the Executive Committee.
One or more of the Vice Presidents or Vice Chairs shall be designated by the President to act as Executive Committee Mobilizer(s) to foster engagement, encourage attendance, onboard new Executive Committee members, and facilitate quorum.
One or more of the Vice Presidents or Vice Chairs shall be designated by the President to act as Committee Coordinator(s) to keep a current list of the committees convened by the Executive Committee or required by Bylaws or Constitution, and descriptions of their work and membership, facilitate opportunities for rank-and-file members to join said committees and encourage updates on their work at Executive Committee meetings.
Section 4
The President shall be the executive officer of the Local, having over-all responsibility. The President shall be directly responsible for collective bargaining and organizing as directed from time to time by the Executive Committee, and shall report regularly to the membership on the progress of collective bargaining and membership gains.
The President shall hire and discharge Local Representatives and other personnel, subject to the approval of the Executive Committee.
Section 5
The Treasurer shall be custodian of all funds, shall be responsible for all financial records, and shall be custodian of all records of the Guild. The Treasurer shall give regular financial reports to the membership.
The Treasurer shall be directly responsible for contract enforcement and the maintenance of Guild units as directed from time to time by the Executive Committee.
Section 6
The Secretary shall be the custodian of all records and communications of the Executive Committee. The Secretary shall be responsible for communicating meeting schedules, recording and maintaining minutes and votes, attendance records, and other operative communications, as needed, of the Executive Committee.
Article VII - General Membership Meetings
Section 1
The General Membership meetings shall be held at least four times a year upon dates set by the Executive Committee.
Section 2
The President shall notify the membership by mail or email at least five days before any meeting, except that in an emergency the Executive Committee may call a special meeting on two days' notice.
Section 3
General Membership meetings may also be called by the Executive Committee or upon written petition of not fewer than 150 members in good standing. At least three units must be represented by not fewer than fifteen signatures each.
Section 4
The President shall include in the meeting notice any motion made via petition of not fewer than 150 members in good standing, calling for review or reversal of a decision of the Executive Committee. At least three units must be represented by not fewer than fifteen signatures each. No such appeal may be acted upon unless notice has been given by the President.
Section 5
A quorum at General Membership meetings shall consist of not less than five percent of the members in good standing, representing not less than one-half of the units, except that at regular meetings those present shall constitute a quorum for any business not involving a vote.
Article VIII - Collective Bargaining
Section 1
Negotiators in collective bargaining shall be selected by the President.
Section 2
Any agreement, to be valid, must be approved by the unit or units involved and must be ratified by the Executive Committee as well as by the TNG-CWA Sector Executive Council.
Article IX - Dues and Assessments
Section 1
The schedule of dues shall be set by the Executive Committee, subject to a general membership referendum. Initiation fees shall be set by the Executive Committee.
Section 2
When the Local Emergency Fund falls below $500,000, monthly dues shall be increased by 1% of a member's basic weekly salary (shift differential included). This additional 1% shall be deposited in the Local Emergency Fund.
Section 3
Local assessments may be levied by the Executive Committee.
Section 4
All money collected on behalf of the Local, except any collected for the TNG-CWA or any branch of the TNG-CWA, shall belong to the Local.
Section 5
The Executive Committee may adopt rules to enforce payment of delinquent dues and assessments. Such rules may provide that they shall apply to units whose members are working under collective bargaining agreements containing "Guild shop," "preferential shop," or "maintenance of membership" provisions, and in such other units as by majority vote elect to be governed by such rules. Such rules may establish a system of fines and penalties graduated according to the amount or frequency of the delinquency, but shall not provide for penalties in excess of two and one-half times the total amount of such delinquent dues and assessments. The establishment of such penalties shall not impair the power granted by The NewsGuild-CWA Constitution for the discipline of delinquent members, but shall be in addition thereto.
Article X - Referendum
Section 1
Any question may be submitted to a referendum of the membership by a majority vote at a General Membership meeting or a meeting of the Executive Committee. A referendum shall be mandatory if called for in a petition signed by not less than ten percent of the membership in good standing. Except for a referendum to amend these Bylaws, or where otherwise required by law, voting may be conducted in person at a General Membership meeting, remotely at a digital General Membership meeting, by mail ballot and/or by email or other digital means, in accordance with rules set by the Local Election Committee. Voting on a referendum to amend these Bylaws shall be conducted by mail ballot in accordance with the rules set by the Local Election Committee.
Section 2
Provisions for the holding of a referendum shall be made promptly by the Executive Committee.
Article XI - Amendments
Section 1
These Bylaws may be amended only by a majority vote in a referendum of the membership, to be held as provided in Article X. Proposed amendments shall be mailed to the membership, or otherwise made available, not less than ten days before the referendum date.
Article XII - Interpretation
Section 1
These Bylaws shall be interpreted by the Executive Committee subject to appeal to the membership.