Tyler Texas Local Constitution
And By-laws of the
American Postal Workers Union AFL-CIO
PREAMBLE
BILL OF RIGHTS
ARTICLES
I. Name
II. Object
III. Membership
IV. Jurisdiction
V. Meetings
VI. Officers
VII. Craft Officers
VIII. Standing Committees
IX. Nominations, Committees, and Elections
X. Succession of Officers and Vacancies
XI. By-laws
XII. Amendments
As amended March 11, 2007
PREAMBLE
We, the postal workers of America, in order to form a more perfect union establish this Constitution.
We, who come from the diverse crafts, believe that in unity there is strength.
We believe that all postal workers and all members of labor have the right to economic, political, and social justice.
Al1 members have the inherent right to earn a living and to be justly paid for the services they perform.
Al1 postal workers have the right to expect to have decent shelter, food, and clothing. They have the right to see that their children have the best education. The investment of the worker's lifeblood in giving services gives them that right.
We further believe that all workers are created equal with the right to determine their own destiny and to participate in the forces and events that affect them.
We believe that all workers have the right regardless of race, color, greed, sex, sexual orientation or national origin to hold their heads high and to have respect for themselves as individuals.
We believe, therefore, that in the spirit of the Declaration of Independence and the United States Constitution all workers are free and have the right to come together to promote the common cause of all.
We also believe that all members have certain basic rights within our union and shall be secure in those rights. In order to give life to the Preamble to this Constitution, and to the Constitution itself, the member's Bill of Rights has been established.
MEMBER'S BILL OF RIGHTS
Every member has the right to be respected as a human being.
Every member has the right to be respected as a brother or sister of the Union.
Every member has the right to freedom of speech and the right to be heard.
Every member has the right to the freedom to listen.
Every member has the right to the freedom of the press.
Every member has the right to participate in the activities of the Union.
No member shall be denied the right to seek any office or the right to vote in this Union because of race, color, creed, sex, sexual orientation, or religion.
Every member has the right to support the candidate of his/her choice and to participate in that right with others.
Every member has the right to a fair trial, to be represented by an individual of his/her choice, and to proper appeal procedures.
Every member has the right to be secure in his/her basic rights without fear of political, economic, physical, or psychological intimidation.
ARTICLE I
NAME
SECTION 1. The name of this organization shall be the American Postal Workers Union AFL-CIO, Tyler, Texas, Local.
ARTICLE II
OBJECTS
SECTION 1. It shall be the object of the APWU-AFL-CIO, Tyler, Texas Local to secure through collective bargaining and legislative effort a better standard of living for the members of this union and their families.
SECTION 2. To educate our membership in the history of the labor movement and to develop and maintain an intelligent and dignified membership; to vote and work for the election of candidates who favor the passage of improved legislation in the interest of all labor. To work for the repeal of laws which are unjust to labor and to the postal workers such as the denial of the right to strike and to educate all members in the area of economic, political, and social justice.
SECTION 3. The APWU-AFL-CIO Tyler, Texas, Local is established as an industrial union, including its membership of postal workers of the Clerk Craft, Vehicle Maintenance Craft and Maintenance Craft. Its leadership shall consist of a President, a Vice President, a Secretary-Treasurer, and a Craft Director in each Craft represented.
SECTION 4. To unite within one organization, regardless of race, color, creed, sex, sexual orientation, nationality, handicap, political affiliation, age, or religion, all employees under the jurisdiction of the APWU.
ARTICLE III
MEMBERSHIP
SECTION 1. Any employee within the jurisdictional claim of the APWU-AFL-CIO, Tyler, Texas, Local is eligible for membership. Those accepted for membership shall pay full per capita tax plus whatever dues our local may require.
SECTION 2. No person eligible under the above provisions shall be denied membership because of sex, sexual orientation, race, age, creed, color, political affiliation, or nationality. An honorary member shall be required to pay dues set by the local and honorary members shall not be eligible to hold office, nor shall he/she be have the right to vote.
SECTION 3. Retention of membership: Any member who has resigned from the postal service, or may have been promoted to positions exercising supervisory authority will have the right to maintain his/her membership. When any officer becomes a supervisor and has his/her official orders designating them as a supervisor he/she shall resign their office immediately. In accordance with Article 10 of the National Constitution and by- laws, any member who serves in a supervisory position shall not hold office for one year from the time he/she resigns from that position.
ARTICLE IV
JURISDICTION
SECTION 1. The APWU-AFL-CIO, Tyler, Texas, Local claims jurisdiction over all postal operations, including but not limited to: sorting machines (first, second, and third class, parcel post, sack, etc.) all area levels of postal and federal maintenance, motor vehicle maintenance services, and all technical advancement in the area of mail processing. Also, this local claims jurisdiction in all areas of personnel, accounting technicians, timekeeping, window services, and all non-supervisory levels and grades of the Postal Service which are directly and/or indirectly involved in mail processing.
ARTICLE V
MEETINGS
SECTION 1. The Executive Board shall meet prior to each regular meeting at the prescribed time. Regular meetings will be at 1400 hours the second Sunday of every other month.
Stewards are required to attend regular meetings. The President may change day and time of the meetings if for the good of the Local. Special meetings may be called if requested by any officer or member when justification is apparent and the Executive Board approves reason.
Any member in good standing may attend these executive board meetings without voice or vote.
ARTICLE VI
OFFICERS
SECTION 1. President: It shall be the duty of the President to preside at all meetings of the Local and Executive Board. He/she shall appoint, with the approval of the Executive Board, persons to fill any office, which becomes vacant for any reason until implementation of Article X Section 2. He/ She shall sign all orders drawn by the Secretary-Treasurer, and shall have the authority to countersign all cheeks drawn by the Secretary-Treasurer. All officers shall report to him or her.
SECTION 2. Vice President: The Vice President shall perform the duties of the President in case of his/her absence or inability to attend to the duties of his/her office. In the event of death or resignation of the President, the Vice President shall replace him or her until the next President takes office. He/she shall, in the absence of the President, be authorized to sign checks. He/she shall be a member of the Local Negotiations committee and he/she shall perform such other duties as the President may require of him or her.
SECTION 3. Secretary-Treasurer: The Secretary-Treasurer shall receive and deposit all moneys. He/ She shall also be responsible for the recording of all moneys of the Local.
He/ She shall submit the books of the organization at the close of the year, to be certified by a committee appointed by the President. He/ She shall also make a written itemized list of receipts and disbursements at each meeting. The Secretary-Treasurer shall keep a record of all proceedings. He/ She shall insure that minutes of all union meetings shall be available to any member upon request within a reasonable period of time, and a copy shall be submitted to the President. He/ She will insure that all news information from the state and national organizations are posted at all facilities and stations. He/ She shall perform such other duties as the President may require of him or her.
ARTICLE VII
CRAFT OFFICERS
SECTION 1. Craft Directors: The Craft Director of each craft (Clerk, Vehicle Maintenance, and Maintenance) shall be responsible for all activities in their respective crafts. They shall maintain an up-to-date list of all their members. They are the leaders of their crafts and will represent their members in any situation requiring such. Craft Directors will work with and through the President. They shall perform such other duties as the President may require of them.
SECTION 2. Union Stewards: Stewards shall be designated to serve as the direct liaison between members and management pursuant to the terms of the National Agreement and the Local Memorandum of Understanding. The Stewards shall be approved, certified, and/or removed by mutual agreement between the local President and appropriate Craft Director. If a mutual agreement cannot be reached to remove a steward, it will be decided by the executive board. Any person serving as Steward shall be required to attend as soon as possible after selection, a training course or seminar on the duties of Union Stewards.
SECTION 3. OWCP Representative: The OWCP Representative will assist injured on duty members in the preparation of the OWCP forms to insure proper submission. He/She will assist members with any problem they may be encountering with USPS Injury Compensation, Department of Labor Examiner, and physician.
ARTICLE VIII
STANDING COMMITTEES
SECTION 1. Executive Board: An Executive Board will conduct the business of the Union between regular meetings including expenditures as necessary. This Board shall consist of the six elected Officers: President, Vice President, Secretary-Treasurer, and the Craft Director of each craft.
SECTION 2. Duties of the Executive Board: They shall be responsible for advising the President and approving any action which he/ she may take that shall require their approval.
SECTION 3. Meetings: Executive Board shall meet prior to the regular meeting of the Union and at such other times as the President shall notify them.
ARTICLE IX
NOMINATIONS, COMMITTEES. ELECTIONS, AND RECALL OF OFFICERS
SECTION 1. Nominations: The nomination of Officers and State/National delegates shall be made from the floor at the meeting in March. Any member in good standing may nominate or be nominated. The full membership shall be eligible to vote for the general officers and the craft directors shall be nominated and voted on by their respective craft membership. All Officers and delegates shall be elected for a term of three years.
SECTION 2. Committees: The President shall appoint, subject to the approval of the Executive Board, an election committee at the first meeting of the election year. The committee shall consist of an odd number of members. This committee shall mail out the ballots so as to receive them back before the deadline postmark of 2400 hours on the 30th of April. Any ballots received after the deadline shall be voided. The ballots shall be counted at a special general membership meeting in May of each election
year and elected Officers will be sworn in at that time.
SECTION 3. Elections: The elections shall be held every three years.
SECTION 4. Recall of Officers: This Local shall act in accordance with Article XV of the National Constitution and by-laws.
ARTICLE X
SUCCESSION OF OFFICERS
SECTION 1. The succession of officers for meetings shall be in the following order: President, Vice President, Secretary-Treasurer, and then the Craft Directors by seniority.
The length of office shall determine the seniority of Craft Directors. If two or more Craft Directors have the same length of service in office then the number of members in their respective crafts shall determine their seniority. The largest number of members will then make that Craft Director senior.
SECTION 2. In the event of death, resignation, or recall of any Officer a special election will be held within two months of vacancy, with the exception if the office would have been filled within a three-month period by regular elections.
ARTICLE XI
BY-LAWS
SECTION 1. Unless amended or modified by the members Robert's Rules of Order shall be the accepted governing authority for all meetings of this Local.
SECTION 2. Reporting of all Officers and Committees shall be as brief as possible. A 5 minute limit shall be observed except when the President grants additional time, if needed, or a vote from the floor.
SECTION 3. Quorum: Five members present at a regular meeting shall constitute a quorum, excluding the Executive Board.
SECTION 4. The dues of this Local shall be established as follows: any dues increase shall be in tandem with the National Office increase unless a motion, to the contrary, is adopted by the Executive Board and/ or Membership.
ARTICLE XII
AMENDMENTS
SECTION 1. All proposed amendments must be made in writing and presented to the Secretary-Treasurer. All proposed amendments shall be posted not less than 15 days prior to the next local meeting on the union bulletin boards. They shall be voted on at the next local meeting. The Constitution may be amended by a 2/3rd’s vote of the membership present at the local meeting.
SECTION 2. There shall be no proxy votes.
SECTION 3. Any elected officer/delegate, who shall miss three consecutive meetings, can be removed in accordance with the National Constitution and By Laws unless such absence is caused by an approved emergency.
SECTION 4. Local negotiations with management: The President and Local Negotiating Committee shall be responsible for conducting all local negotiations with management on behalf of the union. The negotiating committee shall consist of the President, Vice- President and each craft director.
SECTION 5. All Officers/Delegate who attend 67% of the Local meetings will be eligible for nomination to conventions. The following reasons are acceptable for excused absences: sickness, bid job schedule, postal training, military obligations, mandatory overtime or emergency. The member must provide in writing his/her reason for absence to the President within 14 days of the meeting.
SECTION 6. Conventions: The President, Vice President, Secretary/Treasurer and each Craft Director by virtue of the office held shall be a delegate to all State/National Conventions. The method for choosing other delegates to the State/National Convention during the times specified is that any member in good standing may nominate other members that are in good standing. The delegates for the State/National Conventions shall be elected by the membership. Ties shall be broken by the toss of a coin. All delegates to such Conventions shall be elected in accordance with the provisions of the Title IV of the LMRDA. Should a Craft Director be unable to attend, his or her elected alternate delegate may attend in their place. Delegates to such conventions shall be reimbursed for travel, lodging, and meal expenses to be established by the Executive Board. Any member who is an officer of the National or State Organization shall not be reimbursed for the same. The number of paid delegates to the State/National Convention shall be the President, Vice President, Secretary/Treasurer and each Craft Director plus four more elected by the membership.
SECTION 7. The President with the approval of the Executive Board may appoint a Sergeant of Arms.
SECTION 8. New members will be provided copies of the Local Memorandum as soon as available.
SECTION 9. Grievance Procedures:
A: A1l Resolved Grievances shall be given to the Secretary-Treasurer by the first meeting of January of each year.
B: Craft Directors shall provide a copy of all Grievances pending Step Three or Arbitration to the Secretary-Treasurer.
C: Craft Directors shall keep the originals of their crafts grievances until the grievances have been resolved or adjudicated.
SECTION 10. The Local shall rebate dues of the Officers and stewards. Dues will be returned to them yearly in December. Provided they attend 67% of the regular meetings.
SECTION 11. Any member elected, appointed, or otherwise caused to attend to Union business, shall be reimbursed in the following manner: If a member is caused to attend Union business on any of his/her regular scheduled work days that member shall be paid at their rate of pay/ hour/ day the employee is away on Union business, provided that this Local maintains a minimum of $ 1,000 in available funds. If the treasury has a balance over $ 1,000, but has inadequate moneys to pay the full amount due the member(s), then the Local will send only as many members as feasible so as not to go below the $ 1,000 minimum. This shall in no way be construed to deny payment of lodging, transportation, meals and other legitimate expenses incurred in travel. This is including but not limited to parking, shuttle services to and from hotel, airport, and etc. Lodging, transportation, meals and other legitimate expenses shall be paid at a fair rate as determined by the Executive Board. Travel will be reimbursed for the lesser of the fare (POV, rental vehicle, air, etc.) and all receipts will be submitted to the Treasurer within 14 days of return. All travel must be expressly approved in advance by the Executive Board for any member to receive payment. All Union business shall be at a no loss, no gain basis.
SECTION 12. The President shall have the authority to approve Leave for handling union business, not to exceed 24 hours, per officer, per quarter. Anything above that amount will be upon approval of the Executive Board.
SECTION 13. The President shall make appointments to fill all Postal committees as required including Safety Health Committee and Social Recreation Committee.