Constitution and By Laws
American Postal
Workers
AFL-CIO
CONSTITUTION AND BY LAWS
AMERICAN POSTAL WORKERS
AFL-CIO
ARTICLE 1
Name
Section 1.
This
organization by virtue of a charter granted shall be from this time on known as
the Pensacola Area Local, American Postal Workers Union, AFL-CIO.
ARTICLE 2
Objectives
Section 1. It shall be the objective of the APWU to
secure through collective bargaining and legislative effort a safe and healthy
work environment, better working conditions and a better standard of living for
the members of the APWU and their families.
Section 2. The APWU affirms
its belief in a single union of all postal workers in non-supervisory levels.
The APWU will make every effort to bring into being a single union of all
postal workers by mergers with other postal unions, and initiating intensive
all-out organizing campaigns reflecting the APWU philosophy.
Section 3. The APWU will vigorously oppose any labor
unions outside the Postal Service moving into the Postal Service union field.
Section 4. The APWU will
call on the American Federation of Labor-Congress of Industrial Organizations
(AFL-CIO), and its President, to aid in the cause of merging all postal unions
into one single union.
Section 5. The APWU will continue to organize the
unorganized.
Section 6. 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.
Section
7. To educate our membership and the general public 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 the denial of the right to support political candidates
of their choice; and to educate all members in the area of economic, political
and social justice.
Section 8. To engage in
legislative, political education, civic, welfare and other activities which
further, directly or indirectly, the joint interests of the membership of this
Union in the improvement of general economic and social conditions in the
United States of America.
ARTICLE 3
Section
1.
Any postal employee
in the Pensacola Sectional Center Area shall be eligible for membership in this
Local.
Section
2.
There
shall be three classes of membership:
active, inactive and honorary.
A. Active.
Any member who is not classified as a supervisor and is paying full
membership dues.
B.
Inactive. Supervisors full or part-time who wish to
retain their membership. Inactive members shall pay 10 cents less per pay
period than active members for dues.
They shall have no voice or vote.
C. Honorary.
A person who this Local wishes to extend the title to. A vote of 75% of members at a regular meeting shall authorize such
action. The Local will pay dues.
Section
3.
A.
No member while serving
in supervisory positions shall have redress to this Local for problems incurred
during such service, except problems relating to heath benefits or Local
benefits and shall attend no Local function while within such service.
B.
Any local officer
making application, in writing, for a position of management shall within ten
(10) days of that application resign his/her position with the APWU and if such
resignation is not forthcoming, the Executive Board shall, upon conclusive
evidence, declare said office vacant and appoint a successor.
C.
Any postal employee
eligible to be a member of the Pensacola Area Local, American Postal Workers
Union who voluntarily holds a managerial, supervisory or EAS position with
responsibility for issuing or recommending discipline or applying or
interpreting the National Agreement for the equivalent of a two week period in a year shall be ineligible to hold office or to be a
delegate to any convention held by the APWU or any subordinate body of the
APWU, so long as the employee continues to serve in such position and for a
period of one (1) year from the time the employee vacates such position. Any postal employee who has submitted an
application to a managerial, supervisory or EAS position with
responsibility for issuing
or recommending discipline or for applying or interpreting
the National Agreement shall withdraw such application prior to acceptance of
nomination for any office in the Local.
D.
Any postal employee who
voluntarily, after August 31, 1984, holds, accepts or applies for any
managerial or supervisory position, EAS position or the PASS program, for any
period of time, whether one day or a fraction thereof, either detailed, acting,
probationary or permanently shall immediately vacate any office held by that
member in the Local, the Postal Press
Association, or any subordinate body of the APWU which receives financial
support or uses the name of the American Postal Workers Union, Pensacola Local.
Section
4.
All
members will adhere to the National and Local Agreement. Any member who intentionally compromises this
organization may have charges placed against him or her and after a fair and
complete hearing may be removed from this Local.
ARTICLE 4
Section
1.
The
elected officers of this organization shall consist of a President, Executive
Vice-President, Director of Industrial Relations, Secretary, Treasurer, Editor,
Director of Associate Offices and Directors of each craft represented.
A.
The officers of this
Local shall serve for three (3) years or until successors have been duly
elected or appointed.
B.
The President by virtue
of his office shall be a delegate to all functions requiring representation
from this Local unless other members are properly appointed in accordance with
the by laws of this Local.
C.
The President and
Editor shall be automatic delegates to conventions and shall be allowed
vouchered expenses to the conventions on the same basis as other local
delegates elected.
D.
When a protest is filed
concerning the election of Pensacola Area Local Executive Board Officers, the
candidates that receive the most votes for each office shall assume and hold
office pending final determination of the protest through the proper channels.
ARTICLE 5
Section
1.
Nominations of officers for the new
three year term shall be made at the regular March meeting. The
Election Committee will mail ballots and the election results will be announced
and installation of same shall be made at the regular April meeting.
Nominations for delegates to both the
State and National conventions shall be made at the regular March meeting in
every even numbered year. Delegates
shall be elected by majority vote at the regular April monthly meeting in even
numbered years.
Any member who wishes to serve the
Local as a delegate for either or both conventions at their own expense may be
issued credentials to do so upon the approval of the Executive Board.
Section
2.
A
nominating and election committee who will, therefore, be ineligible for
office, will consist of four (4) to eight (8) members shall be elected or
appointed at the regular meeting in the month prior to the nominations
meetings or at a special meeting prior to the nomination meetings.
Section
3.
The
Secretary and Treasurer shall furnish this committee with materials and
information as necessary.
Section
4.
This
committee shall prepare a ballot for each eligible voting member of this Local
showing name of nominees and the office for which they are a candidate. The ballots
will include: complete instructions,
ballot envelope and postage paid envelope for return to APWU designated
address. The ballots are to be mailed
fifteen (15) days prior to the election meeting.
Section
5.
The
ballots will be opened before at least two (2) members of the nominating
committee starting two hours before the regular April meeting. Any member
may observe.
A.
The ballots will be
tabulated and the committee will announce the results at said meeting. A member of the Election Committee will
retain these ballots for one (1) year.
Section
6.
Craft
Directors will be elected only by the members within the craft they
represent. All other officers will be
elected by the entire membership.
ARTICLE 6
Section
1.
The
President shall preside at all meetings of this Local, preserve order and
enforce the Local’s constitution and by-laws. He/she shall be responsible for all work of
this Local, and all officers, stewards and committee members of this Local
shall work under his supervision. He/she
shall see that all officers, stewards and committee members perform their
duties.
A.
He/she shall fill
vacancies and appoint all committees not hereinafter provided for. All appointments by the President shall be
concurred by the membership at the next monthly meeting. It shall be by majority vote.
B.
He/she shall be the official
spokesman for the Local.
C.
He/she shall be the
chairman of the Labor-Management Committee.
He/she will appoint a representative from each craft, tour and station
to provide means for input from the membership.
He/she shall provide for a regular monthly meeting of the Executive
Board and report to the membership at the next regular meeting of the Local all
business conducted at these meetings.
D.
He/she may write a
newsletter alternating with the newspaper, informing the general membership of
the business and activities of this Local and communicate with
the membership and the APWU at large in any other manner he/she deems to be
necessary.
E. The President or
the President’s designee
shall work one day
per week for
this Local for which LWOP shall be reimbursed and will
be accumulative. Any other leave, i.e.,
annual
leave or sick leave
forfeited by this practice will be paid
by the Local. Unused Union LWOP
by the President will be accumulative.
Any accumulated balance is forfeited upon loss of office, any
accumulated balance becomes zero.
F.
The President shall
also serve as a Director in the Pensacola Area Local APWU Holding Corporation.
G.
The President, with approval
of the Executive Board, may direct the Treasurer to withhold any or all of an
officer’s salary and/or leave without pay (LWOP) whenever an officer fails to
uphold their sworn duties and responsibilities as stipulated within this
constitution. The Secretary will post
the Board’s decision ten (10) days prior to the next meeting and announce the
matter and it will be voted on at the next General Membership meeting.
H.
The President or his/her designee shall
be local arbitration advocate or assist in nationally certified arbitrations. A minimum of 2 days LWOP will be reimbursed
for each arbitration.
Section
2.
The Executive
Vice-President, in the absence of the President, shall be vested with the same authority
and power as the President and shall perform such other duties as may be
prescribed by the Local. In the case of
the resignation of the President, the Vice-President shall assume that office.
A.
He/she shall assume the
duties of the Director of Industrial Relations in his absence.
B. He/she shall be responsible for all phases
of training. He/she shall organize
schools and seminars necessary for the education of our officers, stewards and
general membership.
C. He/she shall be responsible for ordering brochures,
manual and all other pertinent information needed for the officers and
stewards.
D.
He/she shall provide a
means for accountability for all materials provided for their respective
jobs. He/she will turn over these
receipts to the Secretary. He/she will
insure all materials are returned to the Local at the expiration of a term or
appointment.
E.
He/she shall
communicate with other State and National Officers to obtain political
legislation pertinent to our
F.
He/she shall be the
Local’s representative on the Safety and Health Committee. He/she will coordinate the Local’s Safety
Program (safety captains, safety walk around, etc.) He/she shall report on safety issues at the
regular monthly meeting.
G.
He/she shall coordinate
Union activity at the Stations and Branches in
H.
He/she shall, under the
direction of the President, perform such other duties necessary to benefit the
entire Area Local.
I.
The Executive
Vice-President shall also serve as a Director in the Pensacola Area Local APWU
Holding Corporation.
Section
3.
The
Director of Industrial Relations shall coordinate the grievance activity of
this Local.
A.
He/she shall be
chairman of the Grievance-Arbitration Committee.
B.
He/she shall assist and
direct stewards in the processing of grievances and shall be responsible for appealing
grievances beyond Step 1.
C.
He/she shall be
responsible for the logging and accountability of all active grievances and
provide for the certification of all grievances beyond Step 2.
D.
He/she shall be
responsible for orderly filing of all processed grievances.
E.
He/she shall be
responsible for providing for a monthly meeting of the Grievance-Arbitration
committee and will report at the next regular meeting on grievance activity.
F.
He/she shall, under the
direction of the president, correlate the education of stewards with the
Executive Vice-President.
G.
He/she shall by virtue
of his office be the Chief Steward of this Local.
H.
He/she shall have a
post office box to receive all Step 2 answers from management. He/she shall be provided a date stamp for
receiving these official papers. (P.O.
Box to be located at the Post Office that is most convenient for him/her). The President shall notify postal management
that all grievance correspondence from Step 2 will be sent to that P.O. Box.
I.
The Director of
Industrial Relations shall also serve as a Director in the Pensacola Area Local
APWU Holding Corporation.
Section
4.
The
Directors of each craft shall maintain an accurate file of bid jobs for their
respective craft and insure management provides for proper bidding and posting
of these jobs. The Directors of crafts
shall be responsible for keeping informed of their particular craft and relate
such information to the President. They,
by virtue of their office, shall be Chief Steward for their specific craft and shall be available to assist the
DIR on all grievances in their crafts to be appealed beyond Step 1. They shall
also be available to chair a standing committee if designated by the
President. The Directors of each craft
shall also serve as Directors in the Pensacola Area Local APWU Holding
Corporation.
Section
5.
The
Secretary shall have charge of all official documents, bills and records of the
Local not otherwise provided for. He/she
shall attend to the correspondence of the organization and attach the seal to
all official papers. He/she shall keep a
correct and impartial record of the proceedings of this Local and he/she will
also notify members of regular and special meetings. Additional copies of minutes will be
submitted to the President, Vice-President, Treasurer, Editor, stewards and
alternate stewards. Members will have
access to the minutes through their stewards.
He/she will perform such duties as may be delegated to him by this
Local. The Secretary shall be
responsible for sending cards to members and immediate family only as he/she
becomes aware of it from postings of the membership. The Secretary shall be responsible for all
union equipment pertinent to use for business, should maintain a current file
system to include correct organization of union documents, minutes, current
addresses of members, etc., and shall have the responsibility of timely distribution
of mail from P.O. Box. The Secretary
shall be responsible for handling the APWU Health Plan and shall receive the
National rebate for the same. The
Secretary shall be authorized to purchase stamps and other office equipment or
supplies as needed to properly run this Local. The Secretary shall also serve as a Director in the
Pensacola Area Local APWU Holding Corporation.
Section
6.
The
Treasurer shall collect all dues and shall pay all bills of the Local. All monies received from dues or otherwise
shall be deposited in the name of the Local in some reliable banking
institution whose accounts are insured by the Federal Government. All bills paid by the Treasurer shall be by
check with the signature of office plus the President or designee. The Treasurer shall prepare a monthly report
showing the financial status of the Local.
The Treasurer shall be authorized to purchase stamps and other office
equipment or supplies as needed to properly run this Local. An audit will be performed in the first
quarter of the year. The Treasurer will
ensure all Union Officers and Stewards have a current Treasurer’s report. The Treasurer shall also serve as a Director
in the Pensacola Area Local APWU Holding Corporation.
Section
7.
The
Director of Associate Offices shall coordinate Union activity in all affiliated
Associate Offices of the Area Local.
A.
He/she shall assist and
direct Associate Office stewards in processing of grievances coordinating this
activity with both the President and the Director of Industrial Relations.
B. He/she shall, under the direction of
the President, perform such other duties necessary to benefit the entire
Area Local.
C.
The Director of
Associate Offices shall be responsible for filing and meeting on all Step 2
grievances for the Associate Offices.
D.
The Director of
Associate Offices shall also serve as a Director in the Pensacola Area Local
APWU Holding Corporation.
Section
8.
The
Editor shall publish the “Postal Voice”, the official publication of this Local
and shall be responsible for all particulars dealing with the publication
process. Articles published should
contain content providing information to the member on Union related issues
and/or concerns. The Editor will
purchase all materials needed to publish the “Postal Voice”. The publishing budget will be determined by
the Executive Board and be reported to the general membership. The Editor may use any member as an Associate
Editor for his/her assistance. The
Editor will publish six issues, preferably bi-monthly, during each year (April
thru March) of his/her term. The Editor will
mail copies of the “Postal Voice” to everyone on the official mailing list
approved by the Executive Board. All
excess copies of the “Postal Voice” are to be returned to the Union
Secretary. The Editor will also serve as
a Director in the Pensacola Area Local APWU Holding Corporation.
Section
9.
It
shall be the duty of all officers at the close of their term to turn over to
their successors all accountable materials belonging to this Local. All such transfers shall be covered by
written receipts and the Secretary shall retain all receipts.
Section
10.
The
delegates to the State and/or National Convention and/or schools shall
represent this Local to the best of their ability and attend all business
sessions. Upon return the will give a
complete account in written form of
the activities that they participated in.
A delegate who attends less than half of the business sessions of a
convention or school forfeits an equal amount in expenses, excluding, of
course, sickness or emergency. A
delegate will be held accountable for his or her actions while representing
this Local.
Floor votes by delegates at the convention shall be cast
individually by the delegate.
Block votes, roll
call votes, etc. by delegates are cast as a local vote shall be determined by a
majority vote of delegates in caucus and cast as a block by the President or
delegation head.
Section
11.
The
Executive Board shall consist of all duly elected officers of this Local and
all State and/or National officers who are members of this Local. Shop stewards and previous Presidents shall
be members of the Executive Board in an advisory capacity. This body shall meet on a regular monthly
basis, time and place to be determined by the President. The presence of four (4) members will
constitute a quorum. All business
conducted at these meetings will be reported at the next regular meeting of the
Local.
Section
12.
Any
expense for social or other non-union business shall be approved by majority
vote of the members present at a regular or special meeting.
Section 13.
All
Union Officers and Stewards
will have a
current Treasurer’s report
available to any Union member upon request.
Section
14.
The
Title Holding Corporation, the Pensacola Area Local APWU Holding Corporation
(PALHC) shall consist of positions which shall be elected as Officers of the
Local in accordance with appropriate provisions of this Constitution.
ARTICLE 7
Section
1.
Any
proposed amendment to this Constitution must be submitted in writing to the Secretary
on the standard amendment form to the Local at a regular meeting. It shall be read at said meeting and then the
written notice of proposed change must be placed at all stations and tours ten
(10) days prior to the next regular meeting.
Such written notice shall include both complete text of present wording
and, if changed, complete text with new wording. Upon the second reading (regular meeting) a
vote shall be called for and adoption of such change will require a 2/3 vote of
those present.
ARTICLE 8
Section
1.
A. AMOUNT WITHHELD
1.
Dues shall be withheld
at the Level 6, Step B base rate per pay period.
B. ACCIDENT BENEFIT ASSOCIATION
1.
The
current Accident Benefit Association (ABA) assessment rate per pay period shall be withheld in addition to any
and all local, state and federal per capita dues. This amount will be for the purpose of
obtaining
C. PART
TIME EMPLOYEE REBATE
1.
To be eligible for the
Part Time rebate, an employee must maintain membership from PP-1 through PP-26
of the year subject to rebate and must submit in writing to the Local Treasurer
no later than February 15 of the following year.
2.
The amount of the
rebate shall be pro-rated on the difference between hours worked and 2080.
3.
The amount subject to
this proportional rebate consists of dues paid minus the National per capita
and
Section 2.
The Officers by virtue of
their responsibilities shall receive a monthly salary and shall be reimbursed the LWOP as follows
to work for the Local. The total of LWOP
for those officers whose LWOP is accumulative will not exceed 80 hours.
A.
President—-$135.00 per
month, plus one day LWOP per week or 8 hours base pay per week in accordance with Article 6
Section1E.
B. Executive Vice-President—-$110.00 per month.
C.
Director of Industrial
Relations—-$110.00 per month plus one day LWOP per pay period or 8 hours base
pay per pay period.
D. Secretary—-$80.00 per month plus one day LWOP
per pay period or 8 hours base pay per
pay period.
E. Treasurer—-$80.00 per month plus 4 hours LWOP
per pay period or 4 hours base pay per
pay period which is accumulative.
F.
Director of Associate
Offices and each Craft Director—-$60.00 per month.
G.
The Editor
shall receive two
days of LWOP or 16 hours base pay to
formulate each edition
of the Pensacola
Postal Voice.
Section 3.
All
Stewards (not alternates), officers that serve as shop stewards and
non-salaried officers shall be reimbursed their monthly dues at the end of
their term if the following criteria is met.
Stewards,
officers and non-salaried officers shall be required to attend six (6) meetings
a year to be eligible for reimbursement unless a request to be excused is made
prior to the meeting and is approved by the Executive Board. Stewards, officers and non-salaried officers
not serving a full year will be required to attend a pro-rated portion for the
length of the term they served. Also,
stewards, officers and non-salaried officers must serve at least 6 months to be
eligible for the reimbursement. Any
steward, officer and non salaried officer that resigns or is removed from
office during their term, even if they have met the required criteria, will not
be eligible for the reimbursement.
A
separate account shall be established called the Steward Rebate account. Monthly deposits will be made to this account
so the rebates can be made. Funds
deposited into the steward rebate account can be reverted back to the general
fund when an individual will not meet the above criteria during the election
term or during the term they are serving as a steward.
Section
4.
Payment of LWOP used by any officer to work for the Local in
excess of that provided for in Section 2 of this Article shall be made upon approval
of the Executive Board and the members attending a regular meeting.
Emergency
expenditures incurred by the officers or members of the Local when approved by
any four (4) officers, shall be accepted and approved upon a detailed
explanation at the next regular meeting.
Section
5.
Any
member who attends a school or convention as a representative of this Local
shall be allowed actual necessary expenses incurred as follows:
A.
Single room rate
B.
Per diem to be paid at
the current IRS rate for the city where the school, seminar, conference or
convention is held.
C.
Fifty percent (50%) of
the per diem due attending members will be paid in advance.
D.
Registration fee.
E. Airfare, car
rental or travel expense at the current IRS rate per mile for round trip,
whichever is most economical.
F. Taxi fare
Section
6.
The Local
will allot LWOP for schools, seminars and union
business with Local approval at a straight time rate. Information note: Local approval will be union members voting
to approve LWOP at a meeting to be used by any union member representing this
Local on union business.
Section
7.
The
Pensacola Area Local shall pay membership fees to the National Postal Press
Association (PPA) for the President and the Editor, annually, at renewal
time. The Treasurer will notify all
officers prior to paying the annual membership fees. Membership for all other officers will be
paid optionally, upon the individual officer’s written request to the
Treasurer. Letters are to be presented
within two weeks of notification. All
officers will use the Local’s official address on the
membership
application as per the PPA requirement.
Section
8.
All
past and present members or officers who lose annual leave, sick leave, night differential
and Sunday premium due to union functions shall be reimbursed for actual losses
incurred. To be paid, application for
such reimbursement must be made within sixty (60) days from the end of the
assignment or term.
Section
9.
The
Pensacola Area Local shall establish a Title Holding Corporation Account. The Treasurer shall make a $50.00 deposit
each pay period from the National Dues Rebate.
The money in this account shall be used for maintenance, upkeep and
improvement of the union hall located at 2121 N. I Street, Pensacola,
Florida. Control and jurisdiction over
this account shall belong solely to the Holding Corporation and its officers.
Section
10.
A.
The Pensacola Area Local
will deposit $200 (two hundred dollars) each pay period into an account called
the Arbitration/Defense Fund. Deposits
will be made into the account until it reaches
$25,000 (twenty five thousand dollars)
then deposits will stop.
When the account
falls below $25,000
(twenty five thousand dollars), deposits will automatically start
being made into the
account until the balance
reaches $25, 000 (twenty five
thou-
sand
dollars) again and
will be stopped
at that time.
.
B.
Funds from the
Arbitration/Defense Fund will be used for arbitrations expenses, law suits
against the USPS to enforce contractual rights, violations or enforcement of
arbitration awards and contract agreements made between the parties. The fund would be used in any effort against
any erosion to our benefits in any way, at present and in the future. Expenditures for legal action will require
approval of the Executive Board and will be reported at the regular monthly
meetings.
C.
Use of the money in
this fund for any other reason will require the approval of the Executive Board and a majority vote of
the membership at a regular meeting.
ARTICLE 9
Section
1.
This
organization will have steward representation as outlined in Article 17 of our
National Agreement.
Section
2.
Stewards
will be responsible for filing grievances at Step 1.
Section
3.
Stewards
will be obtained by having each tour, section and station select three possible
candidates and the Executive Board shall, from said selection, appoint a
steward. In cases of limited selection,
the Board shall appoint. Stewards shall
serve at the pleasure of the Executive Board.
ARTICLE 10
Section
1.
Membership
Committee consists of three (3) members whose main goal is to increase the membership
of this Local and to inform all members of the aims and objectives or our
organization.
ARTICLE 11
Recall. There shall be no recall provision in this
Constitution and By Laws. Removal of
officers is governed by Article 15 of the National Constitution and By Laws.
BY LAWS
Section
1.
The
regular general membership meeting of this Local shall be on the second
Thursday of each month (excluding December) at 10:30 a.m. unless set at another
time by the majority of members voting at the previous regular monthly meeting.
A.
In the absence of other
authority, Roberts Rules of Order shall govern the deliberations of this union.
B. Meeting of the general membership, outside
the regular monthly meeting, shall be scheduled by one of the following:
1. The
President may convene such a meeting.
2.
The Executive Board, by majority vote, may convene such a meeting.
a.
Notice of such meetings shall be
posted in all regular places of posting at least three (3) days in
advance of such meetings.
b. Meetings outside the regular
monthly meeting shall only be convened to deal with one issue or a set of
specific issues. Such issue or issues,
must be included in the
posting.
c.
Nothing outside of the issue(s) posted shall be considered at such meetings.
d.
No alcoholic beverages will be
consumed or possessed during
any officially called Local union
business meeting. It shall be the responsibility of the chair
of
any such meeting to ensure compliance with this
section.
Section 2.
Any
National and/or State APWU per capita shall be paid monthly. The Local shall be members of the State AFL-CIO and the
local Central Labor Council. The Local
will apply for any refund of these dues from the National APWU.
Section 3.
Any
officer of this Local who fails to
report to three (3) Executive Board meetings or three (3)
General Membership meetings within the election year may have their office
declared vacant by the President. The
Executive Board will be responsible for actions in regards to the absence of
the President.
Section 4.
A quorum shall consist of
ten (10) members in good standing.
Section 5.
The order of business:
A.
Pledge of Allegiance
B.
Appoint Sergeant at
Arms
C.
Welcome Guests
D.
Roll call of officers
E.
Reading of the minutes
of previous meeting