On September 22, 2022, NABET-CWA imposed a temporary trusteeship over Local 41 and appointed NABET-CWA Local 11 President Emeritus Edward McEwan as the Temporary Trustee. In a petition received in the NABET-CWA Sector office on October 18, 2022, former Executive Board members and Local 41 members asked the Sector Executive Council (“SEC”) to dissolve the trusteeship. Pursuant to Article V, Section 5.6(O) of the NABET-CWA Bylaws, which allows any member to request a trial on whether the trusteeship should continue, the SEC will conduct a trial on the matter.
The hearing in this matter will be held in a conference room at 211 West Wacker Drive, Chicago, IL, the building in which Local 41 has its office. The hearing will commence on December 13, 2022, at 10:00 a.m. CST. If needed, the hearing will continue on December 14, 2022. While the SEC does not anticipate that the hearing in this matter should take more than one day, it has set aside two days, from December 13 – 14, 2022, to complete the hearing.
The case for the Proponents of the temporary trusteeship will be presented first. The Opponents of the temporary trusteeship (i.e., the petitioners) may be represented by Counsel or may designate a Local 41 member in good standing as the representative. The Opponents bear the full cost of presenting their case. Any attendee or witness requiring time off from work must make their own arrangements, and use their own paid time off, if available.
The SEC requests that the Opponents notify NABET-CWA General Counsel Judi Chartier in advance of the hearing, no later than December 9, 2022, of who their designated representative will be.
At the outset of the hearing, the SEC will request that each side designate a spokesperson. That spokesperson will present the case in support of and/or in opposition to the imposition of the temporary trusteeship, including the presentation of relevant documentary evidence and the testimony of witnesses.
This will be a formal hearing pursuant to Article V, Section 5.6(O) of the NABET-CWA Bylaws and Article XIII, Section 8(b) of the CWA Constitution. The SEC as the Hearing Panel will set reasonable time limits on the presentation of evidence and may make other rulings deemed appropriate to ensure a fair and orderly hearing. The proceedings will be transcribed by a court reporter and this transcript will be the formal record of the hearing. No other recording devices will be permitted.
Both sides will have the opportunity to make an opening statement at the outset of the hearing. The individuals who will be allowed to speak at the hearing will be the designated spokespersons and witnesses called to provide testimony by either side. Cross examination of all witnesses will be permitted. Again, pursuant to the Bylaws and Article XIII, Section 8(b) of the CWA Constitution, the Opponents may be represented by counsel.
Unless otherwise approved by the SEC, all persons present at the hearing, other than the temporary trustee, possible witnesses, NABET-CWA Staff or Officers, or counsel for the Opponents must be members in good standing of Local 41. All persons present at the hearing must sign-in and will be identified on the record.
Legal rules of evidence will not apply at this hearing. The SEC will accept all relevant evidence and will rule on any objection to the introduction of evidence. As this is a fact-finding proceeding, the SEC will allow the parties a great deal of latitude as to what evidence is relevant. It will, however, determine whether evidence sought to be introduced is repetitive or cumulative, and may reject the same.
After the presentation of evidence for both sides has concluded, the Proponents and the Opponents may summarize their arguments supporting their respective positions. Once the hearing has concluded, no further evidence will be accepted or considered by the SEC. Absent unusual circumstances, written briefs will not be allowed.
Pursuant to Article V, Section 5.6(O) of the NABET-CWA Bylaws, the SEC will render a written decision as to whether the temporary trusteeship shall continue. This decision may be appealed to the CWA Executive Board, in accordance with Article XIII, Section 8(b) of the CWA Constitution, which will affirm, reverse or modify the continuation of the temporary trusteeship.