Transcription
CONSTITUTIONANDBYLAWSOF THEAMERICAN POSTALWORKERS UNIONAFL-CIOAS AMENDED AUGUST 25, 2016
TABLE OF CONTENTSPAGEPreamble . . ivMembers’ Bill of Rights. vOfficers’ Oath of Office . . 1Objectives. 1Membership. 3Jurisdiction. 6Conventions. 7Representation. 9General Officers. 11Department and Administrative Officers. 13Division Officers. 17Eligibility to Run and Hold National, State,or Local Office. 22Nominations. 24Election Process. 32National Executive Board, ExecutiveCouncil, and Committees. 36Recall. 40Local and Membership Protection. 40Fiscal Year, Revenues, and Charters. 49Subordinate Bodies. 55Referendum. 56National and Local Officers’ Benefits. 57Locals, Area Locals, State, and RegionalOrganizations. 59Succession of Officers and Vacancies. 60Amendments. 61Strike Sanction. 61Bylaws. 64iii
PREAMBLEWe, the postal workers of America, in order to form a moreperfect union, establish this Constitution.We, who come from the diverse crafts and divisions, believein unity there is strength.We believe all members of labor have the right to economic,political and social justice.That all men and women have the inherent right to earn aliving and to be justly paid for the services they perform.That all workers have the right to expect to have decent shelter,food and clothing.That they have the right to see that their children have the besteducation. The investment of the workers’ lifeblood in givingservice gives them that right.We further believe all men and women are created equal withthe right to determine their own destiny and to participate inthe forces and events that affect them.We believe all workers have the right, regardless of race, color,creed, sex, sexual orientation, nationality, handicap, politicalaffiliation, age, or religion to hold their heads high and to haverespect for themselves as individuals.We believe, therefore, that in the spirit of the Declaration ofIndependence and the U. S. Constitution, all men and womenare free and have the right to come together to promote thecommon cause of all.We also believe all members have certain basic rights withinour Union and shall be secure in those rights. In order to givelife to the Preamble of this Constitution and to the Constitutionitself, the Members’ Bill of Rights has been established.iv
MEMBERS’ BILL OF RIGHTS1. Every member has the right to be respected as a humanbeing.2. Every member has the right to be respected as abrother or sister of this Union.3. Every member has the right to freedom of speech andthe right to be heard.4. Every member has the right to the freedom to listen.5. Every member has the right to the freedom of thepress.6. Every member has the right to participate in theactivities of this Union.7. Members shall not be denied the right to seek anyoffice or the right to vote in this Union because ofrace, color, creed, sex, sexual orientation, nationality,handicap, political affiliation, age or religion.8. Every member has the right to support the candidateof his/her choice and to participate in that right withothers.9. Every member has the right to a fair trial, to berepresented by an individual of his or her choice andto proper appeal procedures.10. Every member has the right to be secure in his orher basic rights without fear of political, economic,physical or psychological intimidation.v
OFFICERS’ OATH OF OFFICEI,(name), having been duly elected to office inthe (state) (local) of the American Postal WorkersUnion, AFL-CIO, do solemnly pledge to uphold theConstitution and Bylaws of the American Postal WorkersUnion, AFL-CIO and of the (state) (local).I further pledge to perform the duties of my office to thebest of my ability. I promise that at the conclusion of myterm of office, I will turn over to my successor all books,papers, records, and documents that are the property ofthe APWU (state) (local) .And I further pledge that once I no longer hold an officewith the American Postal Workers Union and am no longera bargaining unit employee, I will never testify in supportof the United States Postal Service in any United StatesPostal Service arbitration or administrative hearing aboutinternal Union discussions and/or decisions that are madeby the Union or Union leaders in regard to the AmericanPostal Workers Union’s contractual positions and/orAmerican Postal Workers Union’s internal policies.I further subscribe and affirm that if I resign or enter intoan EAS position, whether detailed or permanent withinone year of resignation or completion of term of office, Iwill subject myself to full reimbursement to the AmericanPostal Workers Union for any and all training I receivedduring the preceding year whether national, state, orlocal.Last but not least, I promise to purchase only unionmade articles, whenever available, and purchase fromunionized retailers, whenever possible. Failure toperform any of the above will mark me as an individualdevoid of honor and destitute of integrity.vi
ARTICLE 1NameThe name of this organization shall be the AmericanPostal Workers Union, AFL-CIO, hereinafter known asthe APWU.ARTICLE 2ObjectivesSEC.1. It shall be the objective of the APWU to securethrough collective bargaining and legislative effort a safeand healthy work environment, better working conditionsand a better standard of living for the members of theAPWU and their families.SEC. 2. The APWU affirms its belief in a single unionof all postal workers in non-supervisory levels. TheAPWU will make every effort to bring into being asingle union of all postal workers by mergers with otherpostal unions and initiating intensive all-out organizingcampaigns reflecting the APWU philosophy.SEC. 3. The APWU will vigorously oppose any laborunions outside the Postal Service moving into the PostalService union field.SEC. 4. The APWU will call on the American Federationof Labor-Congress of Industrial Organizations (AFLCIO) and its President, to aid in the cause of merging allpostal unions into one single union.SEC. 5. The APWU will continue to organize theunorganized.SEC. 6. To unite within one organization, regardlessof race, color, creed, sex, sexual orientation, nationality,1
handicap, political affiliation, age, or religion, allemployees under the jurisdiction of the APWU.SEC. 7. To educate our membership and the generalpublic in the history of the labor movement and to developand maintain an intelligent and dignified membership tovote and work for the election of candidates who favorthe passage of improved legislation in the interest of alllabor. To work for the repeal of laws which are unjust tolabor and to postal workers, such as the denial of the rightto strike and the denial of the right to support politicalcandidates of their choice and to educate all members inthe area of economic, political and social justice.SEC. 8. To engage in legislative, political education,civic, welfare and other activities which further, directlyor indirectly, the joint interests of the membership ofthis Union in the improvement of general economic andsocial conditions in the United States of America.SEC. 9. (a) To work as an autonomous union affiliatedwith the AFL-CIO, together with other national andinternational unions for the solidification of the entirelabor movement.(b) The National Executive Board may provideassistance, financial and otherwise, to labor and otherorganizations in the United States and other parts of theworld having purposes and objectives similar or relatedto those sought by this organization.SEC. 10. The APWU is established as an industrialunion, including in its membership postal workers of alldivisions who are not classified as supervisors. Its topleadership shall consist of a President, Executive VicePresident and Secretary-Treasurer.2
SEC. 11. (a) The American Postal Workers Union shallrequest and make every effort to secure a meeting withthe National Association of Letter Carriers, a minimumof once a year, for the sole purpose of discussing andmoving in the direction of eventual merger.(b) Also, the same type of meetings shall be conducteda minimum of once every two (2) years with the otherpostal unions (in the United States) that represent postalworkers in non-supervisory levels.SEC. 12. The APWU shall encourage the formationof local, area local and state, retiree chapters of theRetirees Department in every state and territory of theUnited States, in order that all dues-paying retirees andtheir families shall have access to state, area local andlocal Retirees Department chapters to continue to fightfor those issues which affect APWU members, retireesand their families.ARTICLE 3MembershipSEC. 1. Any non-supervisory employee, regardlessof level or grade, within the jurisdictional claim of theAPWU is eligible for membership. Those accepted formembership shall pay full per capita tax, plus whateverdues may be required by their local union. A member’sgood standing status shall not be affected by the fact that apaycheck for the payroll period in which dues deductionsare made is insufficient to permit such dues deductions byreason of illness, injury, military leave, pregnancy leave,lay-off, disciplinary suspension, lockout or strike. Thenational Union shall not charge the locals for per capitatax on these members during the period but shall throughtheir own resources keep members in good standing3
to protect their health coverage and any other benefitscontingent on that good standing.SEC. 2. (a) No person eligible under the aboveprovisions shall be denied membership because of race,color, creed, sex, sexual orientation, nationality, handicap,political affiliation, age, or religion.(b) No national, regional, state or local officer in theAPWU can be removed from office for duly authorizedUnion activities other than through the procedures spelledout in the national Constitution.SEC. 3. HONORARY MEMBERSHIP. Any personwhose name has been submitted to the national SecretaryTreasurer at least thirty (30) days prior to the NationalConvention may be elected to honorary membership by amajority vote of the National Convention.Local unions shall have power to confer honorary localmembership in their respective unions. Such membersshall be known as honorary members. No honorarymember shall be eligible to hold national office or beseated as a delegate at a convention, nor shall he or shehave the right to vote.SEC. 4. RETENTION OF MEMBERSHIP. (a) Localunions shall be granted the right to allow members oftheir organization who have resigned from employmentin an APWU bargaining unit, or who may have beenpromoted to positions exercising supervisory authority,the right to maintain their membership without voice orvote. Members who held supervisory positions and weremembers of the National Postal Transport Association onJuly 1961 may continue to retain membership with theright to vote.4
(b) Members of this Union who retire fromemployment in an APWU bargaining unit may maintainfull membership with all rights of such membership bycontinuing to pay full per capita taxes to the APWU pluswhatever local dues may be required by their local union.They shall retain the same right to vote in all matters theyhad immediately before retiring from service.(c) Retirees who relocate their primary residence toa new geographical area outside the jurisdiction of thelocal area of their membership after their retirementand remain in the new area for more than one year, maytransfer their union membership to the local/area local oftheir new residence after providing proof of residency tothe local/area local they wish to join. Such transfers mustbe in accordance with the gaining local’s constitution andbylaws. The new local will receive their dues.(d) Retirees whose full dues/per capita payments havelapsed due to extenuating circumstances may appealfor reinstatement to the national Secretary-Treasurer,providing supporting documentation accompanied bywritten verification by the local President and SecretaryTreasurer. The Retirees Department Director shall reviewretiree appeals for full dues membership reinstatementand report a recommendation to the national SecretaryTreasurer, who shall present the appeal, findings, andrecommendation to the National Executive Board for afinal determination.(e) Retirees who desire to become members of theRetirees Department shall pay thirty six dollars ( 36.00)per year per capita tax to the national Union.SEC. 5. Federal-Classified, EAS, Mail Handler,Carrier, Rural Carrier and tribal or tribal organizationemployees may be accepted as Associate Members for5
Health Plan participation only. They shall pay thirty fivedollars ( 35.00) per annum for this privilege, five dollars( 5.00) of which shall go to the local in the area wherethe Federal-Classified, EAS, Mail Handler, Carrier,Rural Carrier or tribal or tribal organization employee isemployed.SEC. 6 MEMBERS-AT-LARGE. Any employeeeligible for membership in the APWU, AFL-CIO, maybecome a member-at-large (MAL), provided that nosuch membership be granted in any installation where anAPWU local exists.SEC. 7. All members of the APWU shall be in theirrespective division.SEC. 8. OFFICIAL PUBLICATION. The officialpublication of this organization shall be produced throughthe headquarters of the APWU in Washington, D.C.Membership in this organization shall include subscriptionto the official publication. The subscription price for nonmembers shall be determined by the National ExecutiveBoard.SEC. 9. PROHIBITED. No criticism, reflection,argument or debate touching on any member’s race,color, creed, sex, sexual orientation, nationality, handicap,political affiliation, age or religion shall be allowed at anymeetings of the APWU.ARTICLE 4JurisdictionSEC. 1. The jurisdiction of the APWU includes allpostal and mail handling operations, including but notlimited to all work or operations directly or indirectlyrelated to postal and mail handling operations, whether6
performed by employees of the U.S. Postal Service orany other employer, and including any operations thattransmit message by electronic or other means andincluding personnel in headquarters, regional offices andtechnical support operations.ARTICLE 5ConventionsSEC. 1. (a) National Conventions of this Union shallconvene biennially in even-numbered years on anyMonday in July or August with the exception of the weeksof the 4th of July and last week of August.(b) The National Executive Board shall be empoweredto select the site of the National Convention city and toalternate sites by geographical location. The NationalExecutive Board shall also be empowered to select sitesfor multiple National Conventions not to be held inconsecutive convention cycles, so that alternation of sitesby geographical location is continued.Any local union of the American Postal Workers Uniondesiring to host the National Convention shall submitdetailed plans to the National Executive Board not laterthan three (3) years prior to January 15th of the year itdesires to host the National Convention.All conventions are to be conducted between the hoursof 9:30 a.m. and 4:30 p.m., Monday through Thursday.(c) Local unions submitting proposals shall be requiredto meet the minimum criteria for housing and conventionfacilities as established by the National ExecutiveBoard.7
SEC. 2. Arrangements for the administration andconduct of the National Convention shall be under thesupervision and authority of the National ExecutiveBoard. The National Executive Board, at the request ofthe host local, shall have authority to change the datesand/or location of any National Convention in the eventof local or national emergency.SEC. 3. A Screening Committee, including divisionrepresentatives, shall be appointed to screen resolutionssubmitted with a view to eliminating repetitive resolutionsand shall have authority to consolidate all resolutionscontaining the same basic subject matter.SEC. 4. All division meetings in the year of theNational Convention will be held prior to the NationalConvention. At the discretion of the Division Directorsthe division meeting may be reduced from two (2) daysto a single day.Division meetings held in the year between NationalConventions shall conform to a regular format. Off-yeardivision meetings shall be for a minimum of three (3) fulldays, dedicating specific time to training and allocatingsuch time as to be determined by the Division Directorto address business matters of the division, includingdiscussion of and voting on resolutions. No divisionmeeting shall be organized in such a way as to precludean appropriate business session or sessions.Resolutions shall be submitted in writing to theDivision Director at least thirty (30) days in advance ofthe division (craft) conference.The Division Director shall be responsible forannouncing the agenda for each division meeting withsufficient advance notice. The Division Director shall8
distribute a record of each Division meeting to attendinglocals after such meetings. He or she shall also submit tothe Secretary-Treasurer for inclusion in the next NationalConvention resolution book such resolutions as may beadopted at an off-year division meeting. Resolutionsadopted by division meetings immediately prior to theNational Convention shall be promptly submitted tothe Screening Committee to be brought forward in theNational Convention.SEC. 5. The National Convention magazine shall be theresponsibility of the Secretary-Treasurer. In no instanceshall there be any advertising in said magazine.SEC. 6. No national officer shall have more than one(1) vote in convention and shall not be permitted to voteby proxy for his or her local.SEC. 7. All delegates in attendance at national,regional, or state conventions shall be required to wearclothing and other articles insofar as possible, bearing theunion label.SEC. 8. A Bulk Mail Center (BMC) conference shallbe held annually. An additional BMC conference in theyear of the National Convention will be held prior to theNational Convention.ARTICLE 6RepresentationSEC. 1. (a) Each local union and area local shall beentitled to representation in National Conventions of one(1) delegate and one (1) vote for each twenty-five (25)members or fraction thereof.9
(b) Each affiliate local shall be entitled to at least one(1) delegate vote.(c) Each state organization shall be entitled to one(1) delegate and one (1) vote for each twenty-five(25) members or fraction thereof of the unrepresentedmembers.(d) Each regional organization which is organizedin place of the state organization and where no stateorganizations exist shall be entitled to one (1) vote foreach twenty-five (25) members or fraction thereof of theunrepresented members.(e) All local, state and regional organizations inelecting their delegates to the National Convention mustfulfill the requirements under applicable federal laws.National Convention credentials must be signed bythe local President and one of the following: Secretary,Secretary-Treasurer, or Treasurer.(f) The convention can, at its pleasure, give to visitingmembers-at-large (MAL) a vote, provided not more thanthree (3) members-at-large attend the convention. If morethan three (3) attend, the chairman of the CredentialsCommittee, with the consent of the convention, shallapportion one (1) vote to every three (3) members-atlarge.SEC. 2. No local, state or regional union shall berepresented by proxy.SEC. 3. METHOD OF VOTING ON ROLL CALL.One (1) or more delegates shall cast the full number ofvotes to which his or her local is entitled; the voting ofdelegates shall precede the roll call of national officers;but no delegate shall be seated with less than one (1) fullvote, except members-at-large.10
SEC. 4. Representation shall be based on the averageamount of representation tax (per capita) paid monthlyby each local during the preceding fiscal year providedthat any local whose charter in the APWU has not beenin existence for one (1) year is entitled to representationat the convention based on the average of per capita taxpaid monthly since its admission.SEC. 5. Alternate delegates may be seated in the eventof the permanent absence of regular delegates and uponpresentation of proper credentials. Alternate delegatesshall not be seated in the event of the temporary absenceof the regular delegate.SEC. 6. Each national officer holding an elective officeshall have voice and one (1) vote and shall be a delegateto the National Convention.ARTICLE 7General OfficersSEC. 1. (a) PRESIDENT. It shall be the duty of thePresident to preside at all conventions and at meetingsof the National Executive Board and National ExecutiveCouncil.The President shall be a member of allcommittees and shall appoint the necessary committeesat each convention. Subject to the President’s authorityunder Article 21, he or she shall fill all vacancies fromany cause whatsoever, subject to approval by a majorityof the members of the National Executive Board, or shallcombine the duties of a vacant position when they can beabsorbed by other officers, subject to the approval of twothirds (2/3) of the National Executive Council. If a vacantposition is not abolished at the next National Conventionby the delegates, the position will be placed on the ballot forthe next election following the convention. The President11
shall be empowered to appoint the necessary staff atnational headquarters and throughout the organization tocarry on the necessary programs of the Union such asindustrial engineers, economists, financial technicians,industrial relations technicians, public relations personneland national organizers; submit to each convention awritten report of official acts during his or her term ofoffice; sign all orders drawn by the Secretary-Treasurerand countersign all checks; be responsible for all work ofthe Union and all officers of the Union shall work underhis or her supervision and be the Editor of the officialpublication of the Union. The President’s salary shallbe one hundred sixty thousand, two hundred eightyseven dollars and thirty-eight cents ( 160,287.38) perannum, plus necessary expenses.(b) EXECUTIVE VICE PRESIDENT. The ExecutiveVice President shall perform the duties of the President incase of the President’s absence or inability to attend to theduties of office. In the event of death or resignation of thePresident, the Executive Vice President shall replace himor her until the next national election; be a member of theNational Negotiations Committee; under the directionof the President assist in handling Union business andin the absence of the President is authorized to signchecks. The Executive Vice President’s salary shall beone hundred forty thousand, eight hundred forty-twodollars and twenty-one cents ( 140,842.21) per annum,plus necessary expenses(c) SECRETARY-TREASURER. The SecretaryTreasurer, under the supervision of the President shallkeep a record of all proceedings and all other recordsof this Union; be the custodian of the official seal andshall issue all charters; supervise the recording of themembership of each local union, along with the name and12
address of each member-at-large; see that a written reportis submitted to the National Convention, showing thenumber of locals and members and a written report of allofficial acts during his or her term of office; receive anddeposit all monies from all local unions and membersat-large; be the official custodian of all monies of thisUnion; disburse all monies by check countersignedby the President; see that a written report is submittedto the National Convention of all monies received anddisbursed.The Secretary-Treasurer shall submit the books of theorganization to an attested public accountant at the closeof each fiscal year and a report of the accounting shallbe verified by the Finance Committee. Upon writtenrequest, the report of the accounting shall be sent to localpresidents, along with the Secretary-Treasurer’s analysisof the Union’s financial position. He or she shall performother duties as required by the President.The Secretary-Treasurer’s salary shall be one hundredforty thousand, eight hundred forty-two dollarsand twenty-one cents ( 140,842.21) per annum, plusnecessary expenses.ARTICLE 8Department and Administrative OfficersSEC. 1. INDUSTRIAL RELATIONS DEPARTMENT.The Industrial Relations Director shall be responsible forlabor-management, national negotiations, mechanization,health and safety for all divisions of the Union and theadministration of the contract. The Industrial RelationsDirector’s salary shall be one hundred twenty-ninethousand, two hundred one dollars and fifty-two cents( 129,201.52) per annum, plus necessary expenses.13
SEC. 2. (a) LEGISLATIVE/POLITICAL DEPARTMENT.The Legislative/Political Director shall be responsiblefor directing all activities of the Union with regard tolegislation of interest to the members and their families;to develop publicity programs; be the Editor of thenews bulletin and the Associate Editor of the officialpublication of the Union; work in cooperation with theAFL-CIO and other national and international unionswith regard to legislation and assist the President in thedistribution of COPA (Committee on Political Action)funds. The Legislative/Political Director’s salary shall beone hundred twenty-nine thousand, two hundred onedollars and fifty-two cents ( 129,201.52) per annum,plus necessary expenses.SEC. 3. ORGANIZATION DEPARTMENT. TheOrganization Director shall direct and be responsible formaintaining and increasing the membership in this Union;direct the organization of the unorganized; promote,encourage and advise membership committees in allphases of membership recruitment programs; prepare andmaintain organizing material that appeals to respectivemembership of all divisions under jurisdiction of theAPWU. The Organization Director’s salary shall be onehundred twenty-one thousand, three hundred ninetyfour dollars and seventy-nine cents ( 121,394.79) perannum, plus necessary expenses.SEC. 4. RESEARCH AND EDUCATIONDEPARTMENT. The Research and Education Directorshall be responsible for conducting research andadministering educational programs at the national,regional, state, area and local levels. Education shall be amandatory part of the business of the APWU, particularlyeducation in labor history, labor problems, grievanceprocedure, the objectives and problems of the APWU, its14
members and their families. The Research and EducationDirector’s salary shall be one hundred twenty-onethousand, three hundred ninety-four dollars andseventy-nine cents ( 121,394.79) per annum, plusnecessary expenses.SEC. 5. HEALTH PLAN DEPARTMENT. The APWUshall have a Health Plan Director. This officer shallserve on the Board of Directors for the APWU HealthPlan and shall work under the direction of the President.The Health Plan Director’s salary shall be one hundredtwenty-nine thousand, two hundred one dollars andfifty-two cents ( 129,201.52) per annum, plus necessaryexpenses. Such salary shall come from the premiums ofthe APWU Health Plan.SEC. 6. (a) HUMAN RELATIONS DEPARTMENT.The Human Relations Director shall prepare anddirect programs in the area of equal opportunity, civic,community service, and all other related programs. ThePresident reserves the right to appoint representative(s)with the recommendation of the Human RelationsDirector to handle OWCP and EEO cases, on an “asneeded” basis, to work under the direction of theHuman Relations Director. Such representatives will bereimbursed for expenses and lost time only. The HumanRelations Director’s salary shall be one hundred twentyone thousand, three hundred ninety-four dollarsand seventy-nine cents ( 121,394.79) per annum, plusnecessary expenses.SEC. 7. REGIONAL COORDINATORS. Thereshall be five (5) Regional Coordinators elected fromtheir respective regions. The Regional Coordinatorsshall operate under the direction of the President. TheRegional Coordinators shall be members of the NationalExecutive Board. The Regional Coordinator’s salary15
shall be one hundred eight thousand, one hundredeighty-six dollars and thirty-seven cents ( 108,186.37)per annum, plus necessary expenses.SEC. 8. CARIBBEANAREA NATIONALBUSINESS AGENT. There shall be an elected NationalBusiness Agent who shall serve all APWU-representedemployees in all divisions for the Caribbean Area and shallbe eligible to participate as a National Business Agent inall official meetings of the Division Councils, excludingthe filling of vacancies in Article 18. The Caribbean AreaNational Business Agent’s salary shall be ninety-eightthousand, sixty-one dollars and five cents ( 98,061.05)per annum, plus necessary expenses.SEC. 9. ALASKAN AREA NATIONAL BUSI
We, the postal workers of America, in order to form a more perfect union, establish this Constitution. We, who come from the diverse crafts and divisions, believe in unity there is strength. We believe all members of labor have the right to economic, political and social justice.
