RULES FOR ELECTING OFFICERS IN THE NEWSGUILD OF NEW YORK, CWA LOCAL 31003

Rules for Nomination and Election of Local Officers of The NewsGuild of New York

The nomination and election to fill two vacancies in the position of Vice Chair of The NewsGuild of New York, Local 31003, The NewsGuild-CWA, AFL-CIO CLC (the “Local” or “Guild”) shall be conducted in accordance with the Bylaws of The NewsGuild of New York, the Constitution of the NewsGuild, the CWA Constitution, Federal Law, and these rules adopted by the Local Election Committee.

The deadline for sending in ballots is April 22, 2025.

All ballots must be in the post office mailbox by 9 a.m. EST on April 22.

Duplicate ballots may be requested between noon EST March 18 and noon EST March 31, 2025.
Members who have not received a ballot by March 18, 2025 should contact Global Election Services by phone at: 877-455-9367 or by email at: helpdesk@voteges.com no later than 12 noon on March 31, 2025. Each member must call/email personally and provide their name, union affiliation, Member ID and a callback phone number. DO NOT CALL THE GUILD OFFICE FOR BALLOT REQUESTS.

Scroll down for additional information and to view the election rules in full.

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UPDATE #4
March 17, 2025

Local President DeCarava forwarded on to the Committee two inquiries, which are reproduced below, in bold.

The following additional questions have been raised by current Executive Committee members in response to the LEC's ruling:

1) Is it ok for individual candidates to post who they are, what they stand for, etc, on their own and in the general channel of the NewsGuild of NY slack?

2) Could members of the local’s Committee on Finance and Administration reach out to candidates on our own, collect information on who they are and what they stand for, and then give that to EC members to distribute to their members as they see fit?

The Committee answers these two inquiries as follows:

The Committee rules that the local’s slack channels cannot be used to distribute material about a candidate. This was addressed by the committee’s March 11, 2025 ruling, which barred the use of any resources to promote a candidate. The local’s slack is a local resource, and the committee has, in its March 11 ruling, held that no local resource can be used to promote a candidate. The local’s slack channel is akin to a union bulletin board; it is common for unions to bar the use of their bulletin boards for the posting of candidate information for the same reasons as the committee relied on in its March 11 ruling.

Like every other union member, a member of the union’s Committee on Finance and Administration can, in their personal capacity, using their personal devices and communications channels, reach out to any candidates they choose and, using those same communications devices and channels, communicate anything about any candidates to any member. This applies equally to any member of the local.

Finally, the committee notes that candidates as allowed to distribute campaign literature, and to otherwise campaign, using their own resources.

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UPDATE #3
March 14, 2025

Requesting Duplicate Ballots and Voting Timeline

Ballots were mailed to eligible voters on March 11, 2025.

The deadline for sending in ballots is April 22, 2025. All ballots must be in the post office mailbox by 9 a.m. EST on April 22.

Counting of ballots will be conducted on April 22, 2025 at The NewsGuild of New York offices. Start time to be determined.

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UPDATE #2
March 11, 2025

A candidate emailed Local President Susan DeCarava, asking whether the candidates could use union resources – the union’s Zoom account and the union’s newspaper/shop papers – for a meet the candidates event. Separately, a member asked President DeCarava if the union web site could be made available to candidates to post campaign materials. President DeCarava forwarded these inquiries to counsel for the Election Committee, who advised as follows:

Article V(4) of the Local Bylaws states, in relevant part, that the “Local Election Committee shall supervise the … election of all officers and members of the Executive Committee … [and] shall have the authority and responsibility to see that … 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.” As the questions you ask raise issues regarding running the election in compliance with the law, it is the Election Committee that has the authority and responsibility to respond to your inquiries. For that reason, I will submit these inquiries to the Local Election Committee.

The Election Committee has considered these requests, and declines to approve of the use of union resources for a meet the candidates event, or to allow candidates to use the union web page to post campaign materials.

In reaching this conclusion, the Election Committee is cognizant of the language in 29 U.S.C. Section 481(g), a section of the Labor Management Reporting and Disclosure Act (“LMRDA”), the law that governs this election. It provides that “no moneys received by any labor organization …shall be contributed or applied to promote the candidacy of any person in an election subject to this title. Such money of a labor organization may be utilized for notices, factual statements not involving candidates, and other expenses necessary for the holding of an election.” As written, this language forbids a union from using its resources to “promote the candidacy of any person.” Using the union Zoom account for a meet the candidates event is, arguably, a use of a union resource to “promote the candidacy” of the candidates who participate in the event; the same applies to the use of the union newspaper and/or shop papers to promote the event, and to the use of the union web page by candidates.

Under this provision of the LMRDA, where union resources are used to promote a candidate, the election is subject to a lawsuit by the U.S. Department of Labor Office of Labor Management Standards (“OLMS”) seeking to overturn the election. As we explain here, the Committee declines to allow the union Zoom account, union newsletter/shop papers, or any other union resources to be used to facilitate or promote a meet the candidates event. The candidates are, of course, free to conduct such events using their own resources.

Facially, this provision of the law bars the use of any union resources to “promote the candidacy of any person.” That language can be read to forbid the use of union resources to “promote the candidacy of any person” even when the resources are provided in an even-handed way, to all candidates running. And, in at least some instances, the OLMS, which enforces the LMRDA provisions governing union elections, has taken a very strict view of the meaning of this provision, (a) arguing in litigation that there is no de minimis use of union resources that is not a violation of the statute, (b) arguing in litigation that the use of any amount of union resources to promote a candidate could have affected the outcome of the election, and (c) thus arguing that the election must be re-run.

The OLMS now has a new director, a person named Elizabeth Messenger. Before assuming that role, Ms. Messenger worked as the National Executive Director of an organization called American for Fair Treatment (“AFFT”). AFFT is an organization whose primary purpose is to encourage members of public sector unions to resign their union membership, and, more broadly, to attack collective bargaining among government employees. Notably, in a March 7, 2025 press release, the AFFT’s CEO bragged how the AFFT’s “relentless advocacy has contributed” to the decision by the Trump administration to end bargaining for TSA agents and terminate the government’s CBA with the union that represents TSA agents. Thus, it is more likely than not that, in running the OLMS, Ms. Messenger will remain hostile to unions, and be relatively willing to sue to upset union elections.

In addition, the Committee notes the absence of pre-existing rules as to the conduct of such an event. The LMRDA contains no rules; nor do the local bylaws, the TNG constitution, or the CWA constitution. This means that whoever runs the proposed meet the candidates event will do so in the complete absence of any pre-existing rules or guideposts, and the complete absence of any specific mechanisms to enforce any such rules that end up getting adopted. This gives rise to the risk that an event which is meant to treat all candidates equally ends up not doing so – for instance, if one (or more) candidates ignores rules about how long a candidate’s opening statement is allowed to be, or if the moderator ends up selecting member questions in a way that favors one or another candidate. While members are free on their own to hold such an event, using union resources to do so presents a risk that a candidate and/or member will later argue to OLMS that the election should be overturned because the meet the candidates event was conducted in a way that favored and/or disfavored a candidate or candidates.

Under these circumstances, using local resources for a meet the candidates event, and/or allowing candidates to post information on the union web page, gives rise to a genuine, if non-quantifiable risk that the Vice Chair vacancy election could be subject to a suit by USDOL OLMS to upset the election, based on a claim that, in violation of the LMRDA, union resources were used to promote a candidate. Given that risk, and given that the candidates themselves can organize such an event without Guild resources, and can distribute campaign material pursuant to the LMRDA, the Committee declines to allow the local’s resources to be used for any such event, and directs the local to not use its resources to conduct or publicize such an event, or to allow the posting of campaign material.

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UPDATE #1
February 12, 2025

Nominees for Executive Committee Vice Chairs
There were five nominees for two Vice Chair positions on the Executive Committee. All five nominees accepted their nominations. The candidates are:

Jonathan Allen, Reuters Guild
Jason Cohen, Ziff Davis Creators Guild
Stacy Cowley, Times Guild
Shay Culpepper, Times Tech Guild
Tim Kurtz, Times Tech Guild

The Vice Chair positions became vacant when the prior incumbents moved out of Guild jurisdiction. As there are five candidates for two positions, there will be a secret ballot election conducted pursuant to election rules which are posted below The Local Election Committee is currently finalizing the timeline and other elements of the election, to be sent to the membership in a future update.

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Rules for Nomination and Election of Local Officers of The NewsGuild of New York

The nomination and election to fill the position of First Vice President and two vacancies in the position of Vice Chair of The NewsGuild of New York, Local 31003, The NewsGuild-CWA, AFL-CIO CLC (the “Local” or “Guild”) shall be conducted in accordance with the Bylaws of The NewsGuild of New York, the Constitution of the NewsGuild, the CWA Constitution, Federal Law, and these rules adopted by the Local Election Committee.

SECTION 1 - Officers to be elected: First Vice President and Two (2) Vice Chairs of the Local.

SECTION 2 - Election Date: In the event of a contest, an election shall be held entirely by mail among members of the Local, with results to be tallied on or about April 28, 2025.

SECTION 3 - Term of Office: The term of office for position of First Vice Chair and Vice Chair shall start on the tally date and continue through January 1, 2026 if there is a contested election for the position, and start on February 10, 2025 and continue through January 1, 2026 if there is no contested election.

SECTION 4 - Nominations:

A Zoom nomination meeting shall be held starting at 10 a.m. Eastern time (all time stated are Eastern time) on February 3, 2025. Notice of the date, time, and Zoom log in details of that meeting, which are below, shall be posted on the local website, in shop papers e-mailed or otherwise distributed via electronic means of communication to the Guild membership for whom the Guild has email or other addresses , and on the union bulletin boards at the employers and on the Guild’s X (formerly Twitter) feed on or before January 29, 2025. The nomination meeting shall be conducted remotely, via Zoom. The notice shall include the Zoom link and the call-in number:
     Join Zoom Meeting

     https://us02web.zoom.us/j/85476569089?pwd=4kCTgkNedjS5QmPI1zqubTwoQzTlQe.1

     Meeting ID: 854 7656 9089

     Passcode: 449262
To be nominated, a member must be in good standing as of February 2, 2025. To be nominated, a member must be nominated by a member who was in good standing as of February 2, 2025 and seconded by a member in good standing as of February 2, 2025. Self-nomination is permitted.
Nominations may be made at the nominations meeting, and in writing. Written nominations must be signed by a nominator who is a member in good standing as of February 2, 2025, and seconded by a member in good standing as of February 2, 2025. Written nominations and seconds must be received by the Guild by no earlier than February 3, 2025 at 11 a.m. EST and by no later than 11:59 p.m. February 8, 2025. Only the following delivery methods for written nominations and seconds will be accepted: by email. All written nominations and seconds must be emailed to Local Treasurer Anthony Napoli at the following email address: treasurer@nyguild.org.
For all nominations, the nominator or his or her designee must, via email, provide Mr. Napoli with an email address and telephone number where the nominated candidate can be reached, and do so by no later than 11:59 p.m. on February 8, 2025.
The Guild will notify all nominated candidates of their nomination. For a nominated candidate to appear on the ballot, Mr. Napoli must receive emailed confirmation of the candidate’s willingness to run by no later than 11:59 p.m. on February 10, 2025.
If, at the close of the period for nominations, only two people are nominated for the position of Vice Chair, those two people shall be declared elected without contest. If at the close of the period for nominations only one person is nominated for the position of First Vice President, that person shall be declared elected without contest.
As per Article (5) of the TNG Constitution, as no member not in good standing shall be permitted to hold office or be a candidate for office, all nominated candidates must remain in good standing through the start of their term of office, if elected.

SECTION 5 - Local Election Committee: This election shall be supervised by the Local Election Committee. No candidate may serve on the Local Election Committee.

SECTION 6: Election Notice: An election notice and mail ballot will be mailed to all Guild members on a date selected by the Election Committee, to be on or about March 12, 2025.

SECTION 7: The Ballot:

The Local Election Committee shall supervise and be responsible for the preparation of the ballot. The ballot shall be arranged so that the voter will have the choice of voting for a candidate by marking boxes to the left of a candidate’s name.
In designing the ballot, the Local Election Committee will place candidate names in a manner chosen by the Local Election Committee consistent with the TNG Constitution, Article XI(5)(d).
Slate voting is allowed.

SECTION 8: Voter Eligibility: All members in good standing as of February 21, 2025 may vote in this election. Instructions for members not receiving a ballot on how to obtain a duplicate ballot will be provided on the Local’s website. Challenges to voter eligibility must be presented prior to opening the envelopes.

SECTION 9: Voting Procedure and Ballot Count

The election will be conducted by mail ballot. Subject to the approval of the Local Executive Committee, the Local Election Committee may retain the Global Election Services (“GES”) to help with the mailing and counting of election ballots. If retained, GES shall provide services described below.
GES, under the supervision of the Local Election Committee, shall mail ballot packages to all members on a date selected by the Election Committee, to be on or about March 12, 2025. For a ballot to be counted, a voter must mail the ballot back, in conformity with the voting instructions, so that it is received at the Post Office Box by no later than the time specified in the notice of election.
The ballots shall be collected at the Post Office box by no earlier than the time specified on the notice of election. At least one representative of the Election Committee, and interested candidates and/or their observers may observe the emptying of the post office box.
GES, under the supervision of the Local Election Committee, will count the ballots. The count will continue until completed. The Election Committee will supervise the process to ensure that only ballots of eligible members are counted, using an up-to-date eligibility list. Candidates and their observers may be present throughout the counting process and observe the counting process, provided, however, that candidates and observers shall be required to observe all rules of decorum and procedure that may be set by the Local Election Committee. The Local Election Committee may limit the number of observers if there are more designated observers and candidates than space or safety concerns permit.
All issues regarding the intent of a voter shall be resolved by the Local Election Committee.
Should two return envelopes be found from the same voter (an original and a replacement) the ballot in the original envelope shall be counted.
Ballots not in an official return envelope shall not be counted.
Ballots returned to a location other than the GES Post Office Box shall not be counted.
Ballots returned without a secrecy sleeve will be counted.
If a ballot contains votes for more candidates for an office than there are positions to be filled by election, the ballot for that office will not be counted.
If more than one ballot arrives in the same mailed return envelope, even in separate secrecy sleeves, no ballot in the envelope will be counted.
The results shall be tentatively certified by the Chairperson of the Local Election Committee and immediately sent to the Local Treasurer. Absent a challenge to the election, the tentative certification shall become final ten days thereafter.
The ballot envelope shall contain an instruction slip. It shall state, in sum and substance: “After marking your vote on the enclosed ballot, fold it face in. Do not otherwise mark the ballot. Do not put your name or any other identification on the ballot. Place the folded ballot in the secrecy sleeve. Do not sign or otherwise mark the smaller envelope containing the ballot. A ballot with any identifying markings will not be counted. Place the secrecy sleeve containing the ballot in the addressed return envelope. Sign and print your name on the designated lines in the addressed return (outer) envelope (hand written and hand printed signatures only). Only ballots in the official return envelopes in the Post Office Box by designated due date will be counted.”

SECTION 10 - Election Disputes: Disputes regarding this election shall be decided by the Local Election Committee. All election protests and appeals of any nature must be in writing and received by the Local Election Committee within ten (10) days of the tentative certification of the results. Such protests should be emailed to Local Election Committee counsel at hkolko@cwsny.com. The Local Election Committee shall rule on any such challenges and shall within twenty (20) days of the tentative certification of the results make a final determination or certification. Appeals from rulings of the Local Election Committee shall be written and made to the Local Executive Committee, and must be received by the Local Executive Committee by no later than within twenty-seven (27) days of the tentative certification of the results. Such protests should be emailed to the Local Executive Committee, c/o hkolko@cwsny.com. Appeals from rulings of the Local Executive Committee shall be written and made to the membership of the Local, and must be received no later than thirty-four (34) days of the tentative certification of results. Any member with an election protest and appeal must exhaust the remedies available within this section; however, a member who has attempted to exhaust such remedies without obtaining a final decision within sixty (60) days of the tentative certification of results, must, if that member wishes to further appeal, file an appeal in writing in compliance with Article XV(4)(b) of the Constitution of the CWA.

While an election protest and/or appeal is pending, the officers certified by the Local Election Committee in its final certification shall be the elected officers of the Local.

SECTION 11: Campaign Procedures: All candidates must be treated equally by the Local regarding the opportunity to campaign. Union and employer resources may not be directly or indirectly used to support the candidacy of any candidate. Union officers and employees may not campaign on time paid for by the union, and members may not campaign on time paid for by the employer. Union members may support the candidate of their choice, and in the exercise of that right, may not be subject to penalty, discipline, or reprisal of any kind by the Guild.

SECTION 12: Inspection of Membership Lists: Once within 30 days prior to the mailing of ballots, each candidate has the right to inspect a list containing the names and last known addresses of all Guild-represented members subject to a collective bargaining agreement. No candidate may photocopy or photograph the list. The list will be maintained at the Guild office in New York, New York. Any candidate wishing to inspect the list must contact Anthony Napoli, Guild to schedule an appointment.

SECTION 13: Distribution of Campaign Literature: The Guild will comply with reasonable requests by a candidate to distribute campaign literature at the expense of the candidate. Any candidate who wishes to mail campaign literature must contact Jimmy Glover at Westerleigh Press. His e-mail address is jglover@wpprinting.com. Payment instructions and terms, prices, and other instructions and requirements will be set and provided by Mr. Glover. Candidates may also send e-mails to the personal e-mail addresses which the Guild has. The vendor for this service is AMFAX Corporation. The contact person there is John Petallides. You can reach him at 917-806-3456. His e-mail address is jp@amfax.com. Payment instructions and terms, prices, and other instructions and requirements will be set and provided by Mr. Petallides.

SECTION 14: Observers: Each candidate is entitled to have observers present when ballots are stuffed and mailed, picked up, and counted. A candidate may act as her/his own observer.

SECTION 15: Preservation of Records: The Guild will preserve records of this election for one year.

SECTION 16: Notification of Membership: The Guild will notify the membership of the results of this election in its newsletter and on its website.

SECTION 17: Interpretation And Application Of These Rules: The interpretation and application of these rules, and the resolution of any other issues pertaining to counting ballots or election procedures, shall be made by the Local Election Committee only.