Memorandum of Understanding
Regarding CWA Operations in Canada
The underlying principle of building a truly international union must be a solid partnership between the Canadian and American sides of the CWA. The border may separate the rules under which labor operates but it should not stop all areas of co-operation and help between us. Our joint focus must be serving our members and taking on the multi-national companies that are well established in both countries. We have differing experiences, approaches and best practices that can be shared for the common good.
Toward that end we must move to a new CWA structure that builds our partnership. The CWA in Canada should operate within a structural framework which recognizes its own national context instead of the situation now where its membership is divided between two districts dominated by U.S. members. Why? For starters there are different legal and political frameworks in both countries. One example: Canadian members are under the labor jurisdiction of 11 different governments (the federal and 10 provincial ones) none of which have anything to do with the U.S. Department of Labor. The rules for organizing, dispute resolution, and work stoppages are widely different and more favorable to labor in Canada than in the U.S.
The Canadian side of the CWA is small in numbers now but has good potential for growth. Through organizing during the past few years it has grown at a much faster pace than other areas within the CWA. Belonging to a truly international union with more Canadian members and presence will make CWA in Canada even more attractive to potential new members. We have more than doubled in size over the past ten years and expect our growth to continue.
Building a strong truly international union will take time, goodwill, experiment and care. But to get to a union whose traditions, culture and symbols fairly represent our members in our two neighboring but different countries is a goal worth aiming for.
- In order
to accomplish this task within the existing governance structure
of the CWA guided by the Constitution, the Communications Workers
of America shall approve the authority for TNG-CWA Canada to
act with full autonomy to make all governance, policy and operational
decisions affecting Canadian members in accordance with the
Constitution of the CWA through a Canadian Region. TNG-CWA
Canada will continue as an autonomous entity within The Newspaper
Guild and the CWA.
- The President with the concurrence of the
Vice Presidents of District 1 and District 7 and The Newspaper
Guild shall assign to the elected national Director of TNG-CWA
Canada all administrative and constitutional obligations. The
Director shall act in the best interests of the Union in accordance
with the CWA Constitution.
- The Canadian Region will be financially
self-sufficient. Per capitas from Canadian members will remain
in Canada, where they will be administered by TNG-CWA Canada
to fund its programs and operations. TNG-CWA Canada and its locals
will continue to participate in the Member Relief Fund. TNG-CWA
Canada and its locals will continue to participate in the CWA
Defense Fund. The CWA Executive Board shall continue to approve
all expenditures from the Defense Fund consistent with Fund rules.
- Arrangements for TNG-CWA Canada’s
expenses for its membership in TNG are to be agreed upon by
the two groups as will decisions concerning the position of
TNG-CWA Canada within the Sector, including any shared costs
and any Canadian contributions to CWA beyond the MRF and Defense
Fund. TNG-CWA Canada will participate in the appropriate strategic
industry funds once they are established by the CWA.
- All financial and other records
pertaining to the Locals of TNG-CWA Canada will be maintained
and administered by TNG-CWA Canada’s
head office. TNG-CWA Canada will finance and run its own legal
program for its Locals as is done now through the CWA legal
program. TNG-CWA Canada will provide an annual audit to the
CWA Secretary-Treasurer. TNG-CWA Canada will work with CWA
Secretary-Treasurer to verify voting strengths in international
elections.
- TNG-CWA Canada members will continue to
have all rights of membership in the CWA and participate in all
appropriate CWA elections, including those for the TNG-CWA Executive
Council, IUE-CWA Executive Board and CWA international officers.
TNG-CWA Canada members will be eligible to sit on any of the
various committees set up by CWA.
- Any formal disputes between members and
their Locals will be heard by the Director of TNG-CWA Canada
and, if not resolved, will be forwarded to the CWA President
under the same appeal process available to any CWA member.
- The CWA Executive Board shall, as it does
now, approve all strikes on the effective recommendation of the
Director of TNG-CWA Canada.
- This Agreement shall require ratification
by the Canadian membership.
- An appropriate transition period shall be established to ensure the effective operation of TNG-CWA Canada under this new system.
Signed,
