Constitution Bylaws American Postal Workers Union: As Amended July 18, 2024
Constitution Bylaws American Postal Workers Union: As Amended July 18, 2024
Constitution Bylaws American Postal Workers Union: As Amended July 18, 2024
AND
BYLAWS
OF THE
AMERICAN POSTAL
WORKERS UNION
AFL-CIO
BYLAWS
OF THE
AMERICAN POSTAL
WORKERS UNION
AFL-CIO
AS AMENDED AUGUST
AS AMENDED JULY 18, 18,
20242022
TABLE OF CONTENTS
Preamble......................................................................iv
Members’ Bill of Rights............................................... v
Officers’ Oath of Office...............................................vi
Articles
1 Name................................................................... 1
2 Objectives............................................................ 1
3 Membership......................................................... 3
4 Jurisdiction.......................................................... 7
5 Conventions......................................................... 7
6 Representation................................................... 10
7 General Officers................................................ 12
8 Department and Administrative Officers.......... 14
9 Division Officers............................................... 18
10 Eligibility to Run and Hold National,...................
State, or Local Office........................................ 24
11 Nominations...................................................... 26
12 Election Process................................................ 34
13 National Executive Board, Executive Council,
and Committees.................................................38
14 Recall................................................................. 42
15 Local and Membership Protection.................... 42
16 Fiscal Year, Revenues, and Charters................. 52
17 Subordinate Bodies........................................... 58
18 Referendum....................................................... 59
19 National Officers’ Benefits................................ 61
20 Locals, Area Locals, State, and Regional ............
Organizations..................................................... 63
21 Succession of Officers and Vacancies............... 64
22 Amendments...................................................... 65
23 Strike Sanction.................................................. 66
Bylaws........................................................................ 68
iii
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 and divisions, believe
in 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 a
living 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 best
education. The investment of the workers’ lifeblood in giving
service gives them that right.
We further believe all men and women are created equal with
the right to determine their own destiny and to participate in
the forces and events that affect them.
We believe all workers have the right, regardless of race,
color, creed, sex, sexual orientation, gender identity or
gender expression, nationality, handicap, political affiliation,
age, or religion 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 U. S. Constitution, all men and women
are free and have the right to come together to promote the
common cause of all.
We also believe all members have certain basic rights within
our Union and shall be secure in those rights. In order to give
life to the Preamble of this Constitution and to the Constitution
itself, the Members’ Bill of Rights has been established.
iv
MEMBERS’ BILL OF RIGHTS
1. Every member has the right to be respected as a
human being.
2. Every member has the right to be respected as a
brother or sister of this Union.
3. Every member has the right to freedom of speech and
the 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 the
press.
6. Every member has the right to participate in the
activities of this Union.
7. Members shall not be denied the right to seek any
office or the right to vote in this Union because of
race, color, creed, sex, sexual orientation, gender
identity or gender expression, nationality, handicap,
political affiliation, age or religion.
8. Every member has the right to support the candidate
of his/her choice and to participate in that right with
others.
9. Every member has the right to a fair trial, to be
represented by an individual of his or her choice and
to proper appeal procedures.
10. Every member has the right to be secure in his or
her basic rights without fear of political, economic,
physical or psychological intimidation.
v
OFFICERS’ OATH OF OFFICE
I (name) , having been duly elected to office in the
(state) (local) of the American Postal Workers Union,
AFL-CIO, do solemnly pledge to uphold the Constitution
and Bylaws of the American Postal Workers Union, AFL-
CIO and of the (state) (local) .
I further pledge to perform the duties of my office to the
best of my ability. I promise that at the conclusion of my
term of office, I will turn over to my successor all books,
papers, records, and documents that are the property of
the APWU (state) (local) .
And I further pledge that once I no longer hold an office
with the American Postal Workers Union and am no longer
a bargaining unit employee, I will never testify in support
of the United States Postal Service in any United States
Postal Service arbitration or administrative hearing about
internal Union discussions and/or decisions that are made
by the Union or Union leaders in regard to the American
Postal Workers Union’s contractual positions and/or
American Postal Workers Union’s internal policies.
I further subscribe and affirm that if I resign or enter into
an EAS position, whether detailed or permanent within
one year of resignation or completion of term of office, I
will subject myself to full reimbursement to the American
Postal Workers Union for any and all training I received
during the preceding year whether national, state, or local.
Last but not least, I promise to purchase only union made
articles, whenever available, and purchase from unionized
retailers, whenever possible. Failure to perform any of
the above will mark me as an individual devoid of honor
and destitute of integrity.
vi
ARTICLE 1
Name
The name of this organization shall be the American
Postal Workers Union, AFL-CIO, hereinafter known as
the APWU.
ARTICLE 2
Objectives
SEC. 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.
SEC. 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.
SEC. 3. The APWU will vigorously oppose any labor
unions outside the Postal Service moving into the Postal
Service union field.
SEC. 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.
SEC. 5. The APWU will continue to organize the
unorganized.
1
SEC. 6. To unite within one organization, regardless
of race, color, creed, sex, sexual orientation, gender
identity or gender expression, nationality, handicap,
political affiliation, age, or religion, all employees under
the jurisdiction of the APWU.
SEC. 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 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.
SEC. 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.
SEC. 9. (a) To work as an autonomous union affiliated
with the AFL-CIO, together with other national and
international unions for the solidification of the entire
labor movement.
(b) The National Executive Board may provide
assistance, financial and otherwise, to labor and other
organizations in the United States and other parts of the
world having purposes and objectives similar or related
to those sought by this organization.
2
SEC. 10. The APWU is established as an industrial
union, including in its membership postal workers of all
divisions who are not classified as supervisors. Its top
leadership shall consist of a President, Executive Vice
President and Secretary-Treasurer.
SEC. 11. (a) The American Postal Workers Union shall
request and make every effort to secure a meeting with
the National Association of Letter Carriers, a minimum
of once a year, for the sole purpose of discussing and
moving in the direction of eventual merger.
(b) Also, the same type of meetings shall be conducted
a minimum of once every two (2) years with the other
postal unions (in the United States) that represent postal
workers in non-supervisory levels.
SEC. 12. The APWU shall encourage the formation
of local, area local and state, retiree chapters of the
Retirees Department in every state and territory of the
United States, in order that all dues-paying retirees and
their families shall have access to state, area local and
local Retirees Department chapters to continue to fight
for those issues which affect APWU members, retirees
and their families.
ARTICLE 3
Membership
SEC. 1. Any non-supervisory employee, regardless
of level or grade, within the jurisdictional claim of the
APWU is eligible for membership. Those accepted for
membership shall pay full per capita tax plus whatever
dues may be required by their local union. A member’s
good standing status shall not be affected by the fact that a
3
paycheck for the payroll period in which dues deductions
are made is insufficient to permit such dues deductions by
reason of illness, injury, military leave, pregnancy leave,
lay-off, disciplinary suspension, lockout or strike. The
national Union shall not charge the locals for per capita
tax on these members during the period but shall through
their own resources keep members in good standing
to protect their health coverage and any other benefits
contingent on that good standing.
SEC. 2. (a) No person eligible under the above
provisions shall be denied membership because of race,
color, creed, sex, sexual orientation, gender identity
or gender expression, nationality, handicap, political
affiliation, age, or religion.
(b) No national, regional, state or local officer in the
APWU can be removed from office for duly authorized
Union activities other than through the procedures spelled
out in the national Constitution.
SEC. 3. HONORARY MEMBERSHIP. Any person
whose name has been submitted to the national Secretary-
Treasurer at least thirty (30) days prior to the National
Convention may be elected to honorary membership by a
majority vote of the National Convention.
Local unions shall have power to confer honorary local
membership in their respective unions. Such members
shall be known as honorary members. No honorary
member shall be eligible to hold national office or be
seated as a delegate at a convention, nor shall he or she
have the right to vote.
4
SEC. 4. RETENTION OF MEMBERSHIP. (a) Local
unions shall be granted the right to allow members of
their organization who have resigned from employment
in an APWU bargaining unit, or who may have been
promoted to positions exercising supervisory authority,
the right to maintain their membership without voice or
vote. Members who held supervisory positions and were
members of the National Postal Transport Association on
July 1961 may continue to retain membership with the
right to vote.
(b) Members of this Union who retire from
employment in an APWU bargaining unit may maintain
full membership with all rights of such membership by
continuing to pay full per capita taxes to the APWU plus
whatever local dues may be required by their local union.
They shall retain the same right to vote in all matters they
had immediately before retiring from service.
(c) Retirees who relocate their primary residence to
a new geographical area outside the jurisdiction of the
local area of their membership after their retirement
and remain in the new area for more than one year, may
transfer their union membership to the local/area local of
their new residence after providing proof of residency to
the local/area local they wish to join. Such transfers must
be in accordance with the gaining local’s constitution and
bylaws. The new local will receive their dues.
(d) Retirees whose full dues/per capita payments have
lapsed due to extenuating circumstances may appeal
for reinstatement to the national Secretary-Treasurer,
providing supporting documentation accompanied by
written verification by the local President and Secretary-
Treasurer.
5
The Retirees Department Director shall review retiree
appeals for full dues membership reinstatement and
report a recommendation to the national Secretary-
Treasurer, who shall present the appeal, findings, and
recommendation to the National Executive Board for a
final determination.
(e) Retirees who desire to become members of the
Retirees 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 organization employees
may be accepted as Associate Members for Health Plan
participation only. They shall pay thirty-five dollars
($35.00) per annum for this privilege, five dollars ($5.00)
of which shall go to the local in the area where the Federal-
Classified, EAS, Mail Handler, Carrier, Rural Carrier or
tribal or tribal organization employee is employed.
SEC. 6. MEMBERS-AT-LARGE. Any employee
eligible for membership in the APWU, AFL-CIO, may
become a member-at-large (MAL), provided that no
such membership be granted in any installation where an
APWU local exists.
SEC. 7. All members of the APWU shall be in their
respective division.
SEC. 8. OFFICIAL PUBLICATION. The official
publication of this organization shall be produced
through the headquarters of the APWU in Washington,
D.C. Membership in this organization shall include
subscription to the official publication. The subscription
price for non-members shall be determined by the
National Executive Board.
6
SEC. 9. PROHIBITED. No criticism, reflection,
argument or debate touching on any member’s race, color,
creed, sex, sexual orientation, gender identity or gender
expression, nationality, handicap, political affiliation,
age or religion shall be allowed at any meetings of the
APWU.
ARTICLE 4
Jurisdiction
SEC. 1. The jurisdiction of the APWU includes all
postal and mail handling operations, including but not
limited to all work or operations directly or indirectly
related to postal and mail handling operations, whether
performed by employees of the U.S. Postal Service or
any other employer, and including any operations that
transmit message by electronic or other means and
including personnel in headquarters, regional offices and
technical support operations.
ARTICLE 5
Conventions
SEC. 1. (a) National Conventions of this Union shall
convene biennially in even-numbered years on any
Monday in July or August with the exception of the
weeks of the 4th of July and last week of August.
(b) The National Executive Board shall be empowered
to select the site of the National Convention city and to
alternate sites by geographical location. The National
Executive Board shall also be empowered to select sites
for multiple National Conventions not to be held in
consecutive convention cycles, so that alternation of sites
by geographical location is continued.
7
Any local union of the American Postal Workers Union
desiring to host the National Convention shall submit
detailed plans to the National Executive Board not later
than three (3) years prior to January 15th of the year it
desires to host the National Convention.
All conventions are to be conducted between the hours
of 9:30 a.m. and 4:30 p.m., Monday through Thursday.
(c) Local unions submitting proposals shall be required
to meet the minimum criteria for housing and convention
facilities as established by the National Executive Board.
SEC. 2. Arrangements for the administration and
conduct of the National Convention shall be under the
supervision and authority of the National Executive
Board. The National Executive Board, at the request of
the host local, shall have authority to change the dates
and/or location of any National Convention in the event
of local or national emergency.
SEC. 3. A Screening Committee, including division
representatives, shall be appointed to screen resolutions
submitted with a view to eliminating repetitive resolutions
and shall have authority to consolidate all resolutions
containing the same basic subject matter.
SEC. 4. All division meetings in the year of the
National Convention will be held prior to the National
Convention. At the discretion of the Division Directors
the division meeting may be reduced from two (2) days
to a single day.
Division meetings held in the year between National
Conventions shall conform to a regular format. Off-year
division meetings shall be for a minimum of three (3) full
8
days, dedicating specific time to training and allocating
such time as to be determined by the Division Director
to address business matters of the division, including
discussion of and voting on resolutions. No division
meeting shall be organized in such a way as to preclude
an appropriate business session or sessions.
Resolutions shall be submitted in writing to the
Division Director at least thirty (30) days in advance of
the division (craft) conference.
The Division Director shall be responsible for announcing
the agenda for each division meeting with sufficient
advance notice. The Division Director shall distribute a
record of each Division meeting to attending locals after
such meetings. He or she shall also submit to the Secretary-
Treasurer for inclusion in the next National Convention
resolution book such resolutions as may be adopted at an
off-year division meeting. Resolutions adopted by division
meetings immediately prior to the National Convention
shall be promptly submitted to the Screening Committee
to be brought forward in the National Convention.
SEC. 5. The National Convention magazine shall
be the responsibility of the Secretary-Treasurer. In no
instance shall 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 vote
by proxy for his or her local.
SEC. 7. All delegates in attendance at national,
regional, or state conventions shall be required to wear
clothing and other articles insofar as possible, bearing
the union label.
9
SEC. 8. A Bulk Mail Center (BMC) conference shall
be held annually. An additional BMC conference in the
year of the National Convention will be held prior to the
National Convention.
ARTICLE 6
Representation
SEC. 1. (a) Each local union and area local shall be
entitled to representation in National Conventions of one
(1) delegate and one (1) vote for each twenty-five (25)
members or fraction thereof.
(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 unrepresented
members.
(d) Each regional organization which is organized
in place of the state organization and where no state
organizations exist shall be entitled to one (1) vote for
each twenty-five (25) members or fraction thereof of the
unrepresented members.
(e) Each chartered retiree chapter shall be entitled
to voting strength and representation in National
Conventions of one (1) credentialed delegate for each
Local Chapter and one (1) for each State Chapter.
(f) All local, state and regional organizations in electing
their delegates to the National Convention must fulfill the
requirements under applicable federal laws.
10
National Convention credentials must be signed by
the local President and one of the following: Secretary,
Secretary-Treasurer, or Treasurer.
(g) The convention can, at its pleasure, give to visiting
members-at-large (MAL) a vote, provided not more than
three (3) members-at-large attend the convention. If more
than three (3) attend, the chairperson of the Credentials
Committee, with the consent of the convention, shall
apportion one (1) vote to every three (3) members-at-
large.
SEC. 2. No local, state or regional union shall be
represented by proxy.
SEC. 3. METHOD OF VOTING ON ROLL CALL.
One (1) or more delegates shall cast the full number of
votes to which his or her local is entitled; the voting of
delegates shall precede the roll call of national officers;
but no delegate shall be seated with less than one (1) full
vote, except members-at-large.
SEC. 4. Representation shall be based on the average
amount of representation tax (per capita) paid monthly
by each local during the preceding fiscal year provided
that any local whose charter in the APWU has not been
in existence for one (1) year is entitled to representation
at the convention based on the average of per capita tax
paid monthly since its admission.
SEC. 5. Alternate delegates may be seated in the event
of the permanent absence of regular delegates and upon
presentation of proper credentials. Alternate delegates
shall not be seated in the event of the temporary absence
of the regular delegate.
11
SEC. 6. Each national officer holding an elective office
shall have voice and one (1) vote and shall be a delegate
to the National Convention.
ARTICLE 7
General Officers
SEC. 1. (a) PRESIDENT. It shall be the duty of the
President to preside at all conventions and at meetings
of the National Executive Board and National Executive
Council. The President shall be a member of all
committees and shall appoint the necessary committees
at each convention. Subject to the President’s authority
under Article 21, he or she shall fill all vacancies from any
cause whatsoever, subject to approval by a majority of
the members of the National Executive shall combine the
duties of a vacant position when they can be absorbed by
other officers, subject to the approval of two-thirds (2/3)
of the National Executive Council. If a vacant position
is not abolished at the next National Convention by the
delegates, the position will be placed on the ballot for the
next election following the convention.
The President shall be empowered to appoint the
necessary staff at national headquarters and throughout
the organization to carry on the necessary programs of
the Union such as industrial engineers, economists,
financial technicians, industrial relations technicians,
public relations personnel and national organizers;
submit to each convention a written report of official acts
during his or her term of office; sign all orders drawn
by the Secretary-Treasurer and countersign all checks; be
responsible for all work of the Union and all officers of
the Union shall work under his or her supervision and
be the Editor of the official publication of the Union.
12
The President’s salary shall be one hundred eighty-six
thousand, two hundred twelve dollars and nine cents
($186,212.09) per annum, plus necessary expenses.
(b) EXECUTIVE VICE PRESIDENT. The Executive
Vice President shall perform the duties of the President in
case of the President’s absence or inability to attend to the
duties of office. In the event of death or resignation of the
President, the Executive Vice President shall replace him
or her until the next national election; be a member of the
National Negotiations Committee; under the direction of
the President assist in handling Union business and in the
absence of the President is authorized to sign checks. The
Executive Vice President’s salary shall be one hundred
sixty-five thousand, forty-two dollars and twenty cents
($165,042.20) per annum, plus necessary expenses.
(c) SECRETARY-TREASURER. The Secretary-
Treasurer, under the supervision of the President shall
keep a record of all proceedings and all other records
of this Union; be the custodian of the official seal and
shall issue all charters; supervise the recording of the
membership of each local union, along with the name and
address of each member-at-large; see that a written report
is submitted to the National Convention, showing the
number of locals and members and a written report of all
official acts during his or her term of office; receive and
deposit all monies from all local unions and members-
at-large; be the official custodian of all monies of this
Union; disburse all monies by check countersigned
by the President; see that a written report is submitted
to the National Convention of all monies received and
disbursed.
13
The Secretary-Treasurer shall submit the books of the
organization to an attested public accountant at the close
of each fiscal year and a report of the accounting shall be
verified by the Finance Committee.
Upon written request, the report of the accounting
shall be sent to local presidents, along with the Secretary-
Treasurer’s analysis of the Union’s financial position.
He or she shall perform other duties as required by the
President. The Secretary-Treasurer’s salary shall be one
hundred sixty-five thousand, forty-two dollars and
twenty cents ($165,042.20) per annum, plus necessary
expenses.
ARTICLE 8
Department and Administrative Officers
SEC. 1. INDUSTRIALRELATIONS DEPARTMENT.
The Industrial Relations Director shall be responsible for
labor-management, national negotiations, mechanization,
health and safety for all divisions of the Union and the
administration of the contract. The Industrial Relations
Director’s salary shall be one hundred fifty-two
thousand, three hundred sixty-nine dollars and one
cents ($152,369.01) per annum, plus necessary expenses.
SEC. 2. LEGISLATIVE/POLITICAL DEPARTMENT.
The Legislative/Political Director shall be responsible
for directing all activities of the Union with regard to
legislation of interest to the members and their families;
to develop publicity programs; be the Editor of the
news bulletin and the Associate Editor of the official
publication of the Union; work in cooperation with the
AFL-CIO and other national and international unions
14
with regard to legislation and assist the President in the
distribution of COPA (Committee on Political Action)
funds. The Legislative/Political Director’s salary shall be
one hundred fifty-two thousand, three hundred sixty-
nine dollars and one cents ($152,369.01) per annum,
plus necessary expenses.
SEC. 3. ORGANIZATION DEPARTMENT. The
Organization Director shall direct and be responsible
for maintaining and increasing the membership in
this Union; direct the organization of the unorganized;
promote, encourage and advise membership committees
in all phases of membership recruitment programs;
prepare and maintain organizing material that appeals to
respective membership of all divisions under jurisdiction
of the APWU. The Organization Director’s salary shall
be one hundred forty-three thousand, eight hundred
sixty-nine dollars and eighty-five cents ($143,869.85)
per annum, plus necessary expenses.
SEC. 4. RESEARCH AND EDUCATION DEPART-
MENT. The Research and Education Director shall be
responsible for conducting research and administering
educational programs at the national, regional, state, area
and local levels. Education shall be a mandatory part
of the business of the APWU, particularly education in
labor history, labor problems, grievance procedure, the
objectives and problems of the APWU, its members
and their families. The Research and Education Direc-
tor’s salary shall be one hundred forty-three thousand,
eight hundred sixty-nine dollars and eighty-five cents
($143,869.85) per annum, plus necessary expenses.
15
SEC. 5. HEALTH PLAN DEPARTMENT. The
APWU shall have a Health Plan Director. This officer
shall serve on the Board of Directors for the APWU Health
Plan and shall work under the direction of the President.
The Health Plan Director’s salary shall be one hundred
fifty-two thousand, three hundred sixty-nine dollars
and one cents ($152,369.01) per annum, plus necessary
expenses. Such salary shall come from the premiums of
the APWU Health Plan.
SEC. 6. HUMAN RELATIONS DEPARTMENT.
The Human Relations Director shall prepare and
direct programs in the area of equal opportunity, civic,
community service, and all other related programs. The
President reserves the right to appoint representative(s)
with the recommendation of the Human Relations
Director to handle OWCP and EEO cases, on an “as
needed” basis, to work under the direction of the
Human Relations Director. Such representatives will be
reimbursed for expenses and lost time only. The Human
Relations Director’s salary shall be one hundred forty-
three thousand, eight hundred sixty-nine dollars
and eighty-five cents ($143,869.85) per annum, plus
necessary expenses.
SEC. 7. REGIONAL COORDINATORS. There shall
be five (5) Regional Coordinators elected from their
respective regions. The Regional Coordinators shall
operate under the direction of the President. The Regional
Coordinators shall be members of the National Executive
Board. The Regional Coordinator’s salary shall be one
hundred twenty-nine thousand, four hundred eighty-
nine dollars and eighty-eight cents ($129,489.88) per
annum, plus necessary expenses.
16
SEC. 8. CARIBBEAN AREA NATIONAL BUSINESS
AGENT. There shall be an elected National Business
Agent who shall serve all APWU-represented employees
in all divisions for the Caribbean Area and shall be eligible
to participate as a National Business Agent in all official
meetings of the Division Councils, excluding the filling
of vacancies in Article 18. The Caribbean Area National
Business Agent’s salary shall be one hundred eighteen
thousand, four hundred sixty-six dollars and forty-eight
cents ($118,466.48) per annum, plus necessary expenses.
SEC. 9. ALASKAN AREA NATIONAL BUSINESS
AGENT. There shall be an elected National Business
Agent who shall serve all APWU-represented employees
in all divisions within the state of Alaska on an “as-
needed” basis and shall be eligible to participate as a
National Business Agent in all official meetings of the
Division Councils, excluding the filling of vacancies in
Article 18. The Alaskan Area National Business Agent’s
salary shall be one hundred eighteen thousand, four
hundred sixty-six dollars and forty-eight cents
($118,466.48) per annum, plus necessary expenses. This
salary shall be paid to this officer only when performing
the duties of this position.
SEC. 10. PACIFIC AREA NATIONAL BUSINESS
AGENT. There shall be an elected National Business
Agent who shall serve all APWU-represented employees
in all divisions within the Pacific Area and shall be
eligible to participate as a National Business Agent in
all official meetings of the Division Councils, excluding
the filling of vacancies in Article 18. The Pacific Area
National Business Agent’s salary shall be one hundred
eighteen thousand, four hundred sixty-six dollars
and forty-eight cents ($118,466.48) per annum, plus
necessary expenses.
17
SEC. 11. RETIREES DEPARTMENT. The Retirees
Department Director shall be responsible for directing
the objectives of the department; legislative and political
activity; administering retirement educational programs;
organizing new members of the Retirees Department and
Local and State Retiree Chapters; service the needs of
retired members and their survivors and such other duties
as assigned by the President. The Retiree Director’s
salary shall be one hundred twenty-nine thousand,
four hundred eighty-nine dollars and eighty-eight
cents ($129,489.88) per annum, plus necessary expenses.
ARTICLE 9
Division Officers
SEC. 1. CLERK DIVISION. (a) The Director shall be
responsible for the Division; for processing all grievances
in the Division; be a member of the Labor-Management
Committee and National Negotiations Committee;
chair a Clerk Division Council meeting to be held in
conjunction with the National Convention and All-Craft
Conference. The Clerk Division Director’s salary shall
be one hundred fifty-two thousand, three hundred
sixty-nine dollars and one cents ($152,369.01) per
annum, plus necessary expenses.
(b) Assistant Director (A) shall assist the Director of
the Clerk Division in handling grievances and such other
duties that may be assigned. The Assistant Director’s
salary shall be one hundred forty-three thousand,
eight hundred sixty-nine dollars and eighty-five cents
($143,869.85) per annum, plus necessary expenses.
(c) Assistant Director (B) shall assist the Director of
the Clerk Division in handling grievances and such other
duties that may be assigned.
18
The Assistant Director’s salary shall be one hundred
forty-three thousand, eight hundred sixty-nine dollars
and eighty-five cents ($143,869.85) per annum, plus
necessary expenses.
(d) Assistant Director (C) shall assist the Director
of the Clerk Division in handling grievances and such
other duties that may be assigned. The Assistant
Director’s salary shall be one hundred forty-three
thousand, eight hundred sixty-nine dollars and eighty-
five cents ($143,869.85) per annum, plus necessary
expenses.
(e) National Business Agents: The thirty-eight
(38) National Business Agents shall serve as field
representatives in their assigned regions or in any
place that the President so directs. Under the Division
Director’s supervision, they shall have jurisdiction over
grievances and organization matters within their assigned
region. The national business agents shall be allowed
to provide meaningful input on the arbitrator(s)
selected in their respective region(s). The National
Business Agent’s salary shall be one hundred eighteen
thousand, four hundred sixty-six dollars and forty-
eight cents ($118,466.48) per annum, plus necessary
expenses.
(f) The thirty-eight (38) National Business Agents of
the Clerk Division shall be listed according to seniority
as national officers.
(g) National Organizers: The APWU reserves the
right to select representatives to be known as National
Organizers who will primarily be used in organizing and
public relations work under the direction of the National
19
Business Agent. They shall be appointed by the President
for the term of one (1) year commencing October 1 of
each year. Their lost time and actual expenses will be
paid from the national union treasury.
(h) The National Clerk Division Council shall be
comprised of the Division Director, the three (3) Assistant
Directors and the National Business Agents.
SEC. 2. MOTOR VEHICLE SERVICE (MVS)
DIVISION. (a) The Director shall be responsible for
handling all problems and grievances pertaining to MVS;
be a member of the Labor-Management Committee and
National Negotiations Committee; chair a Motor Vehicle
Service Division Council meeting to be held in conjunction
with the National Convention and All-Craft Conference.
The Motor Vehicle Service Director’s salary shall be one
hundred fifty-two thousand, three hundred sixty-nine
dollars and one cents ($152,369.01) per annum, plus
necessary expenses.
(b) Assistant Director shall be responsible for
maintaining all records of the MVS membership and
assisting the Director of the MVS Division in grievances
and other organizational problems. The Assistant
Director’s salary shall be one hundred forty-three
thousand, eight hundred sixty-nine dollars and eighty-
five cents ($143,869.85) per annum, plus necessary
expenses.
(c) National Business Agents: There shall be six (6)
National Business Agents, one (1) in the Southwest
Sub-Region (Arkansas, Kansas, Louisiana, Missouri,
Nebraska, Oklahoma and Texas), one (1) in the Southeast
Sub-Region (Alabama, Florida, Georgia, Mississippi,
20
North Carolina, South Carolina and Tennessee) and one
(1) each in the Central (Illinois, Indiana, Iowa, Kentucky,
Michigan, Minnesota, North Dakota, Ohio, South Dakota
and Wisconsin), Eastern, Northeast and Western postal
regions. They shall be responsible for handling problems;
grievances and such other duties as may be assigned to
them by the Director of the MVS Division. The national
business agents shall be allowed to provide meaningful
input on the arbitrator(s) selected in their respective
region(s). The National Business Agent’s salary shall be
one hundred eighteen thousand, four hundred sixty-
six dollars and forty-eight cents ($118,466.48) per
annum, plus necessary expenses.
(d) The National Motor Vehicle Service Division
Council shall be comprised of the Division Director,
Assistant Director and National Business Agents.
SEC. 3. MAINTENANCE DIVISION. (a) The
Director shall be responsible for the Division and
have authority concerning Maintenance employees;
be a member of the National Negotiations Committee,
National Mechanization Committee and Labor-
Management Committee; chair a Maintenance Division
Council meeting to be held in conjunction with the
National Convention and All-Craft Conference. The
Maintenance Director’s salary shall be one hundred fifty-
two thousand, three hundred sixty-nine dollars and one
cents ($152,369.01) per annum, plus necessary expenses.
(b) Assistant Director (A) shall assist the Director of
the Maintenance Division in the handling of grievances
and such other duties that may be assigned and also
assume the duties of the BMC Coordinator, to include
21
(1) directing inquiries or special problems at the Bulk
Mail Centers (BMC) to the national officers for resolution
and/or immediate response; (2) coordinating and co-
chairing the BMC meetings with the host local; and (3)
provide written response to specific problems within
sixty (60) days. The Assistant Director’s salary shall be
one hundred forty-three thousand, eight hundred
sixty-nine dollars and eighty-five cents ($143,869.85)
per annum, plus necessary expenses.
(c) Assistant Director (B) shall assist the Director of
the Maintenance Division in the handling of grievances
and such other duties that may be assigned. The Assistant
Director’s salary shall be one hundred forty-three
thousand, eight hundred sixty-nine dollars and eighty-
five cents ($143,869.85) per annum, plus necessary
expenses.
(d) National Business Agents: There shall be ten (10)
National Business Agents of the Maintenance Division,
two (2) in the Western and three (3) in the Southern
postal regions and one (1) each in the Eastern and
Northeast postal regions and one (1) each in Central Sub-
Region A (Illinois, Indiana, Kentucky and Ohio), Central
Sub-Region B (Iowa, Kansas, Missouri and Nebraska)
and Central Sub-Region C (Michigan, Minnesota, North
Dakota, South Dakota and Wisconsin). The national
business agents shall be allowed to provide meaningful
input on the arbitrator(s) selected in their respective
region(s) The National Business Agent’s salary shall be
one hundred eighteen thousand, four hundred sixty-
six dollars and forty-eight cents ($118,466.48) per
annum, plus necessary expenses.
22
(e) The National Maintenance Division Council shall
be comprised of the Division Director, Assistant Directors
and National Business Agents.
SEC. 4. SUPPORT SERVICES DIVISION. (a) The
Division shall be comprised of members from Information
Service Centers, Mail Transport Equipment Service
Centers, Mail Equipment Shops, Material Distribution
Centers, Operating Service Facilities, Mail Transport
Operations, Postal Medical Units, other non-mail
processing facilities or operations and related operations
in the private sector with the right to ratify respective
agreements.
(b) Support Services Division Director shall be
responsible for grievances; organization matters and other
issues relating to the Division; be a member of the Labor
Management Committee and the National Negotiations
Committee. The Support Services Division Director’s
salary shall be one hundred fifty-two thousand, three
hundred sixty-nine dollars and one cents ($152,369.01)
per annum per annum, plus necessary expenses.
(c) National Business Agent: The National Business
Agent position shall serve as field representative under the
Division Director’s supervision and shall be responsible
for handling problems, grievances and such other duties
as may be assigned to them by the Director of the
Support Services Division. The national business agent
shall be allowed to provide meaningful input on the
arbitrator(s) selected in their respective region(s). The
National Business Agent’s salary shall be one hundred
eighteen thousand, four hundred sixty-six dollars
and forty-eight cents ($118,466.48) per annum, plus
necessary expenses.
23
SEC. 5. Mail Handler Division: The appointment of
a Mail Handler Representative for each of the five (5)
regions will be utilized as needed.
SEC. 6. All Division officers shall be responsible to
and work under the direction of the Division Director of
their respective Divisions.
SEC. 7. Nationally-appointed advocates shall be
paid a minimum of eight (8) hours preparation time
and eight (8) hours of hearing time. The salary will be
ninety-five thousand, nine hundred fourteen dollars
and sixty cents ($95,914.60) per annum, equivalent to
forty-six dollars and eleven cents ($46.11) per hour
plus necessary expenses. They will be given future pay
increases in the same manner as national officers.
SEC. 8. All Divisions will be established on a
departmental basis within the structure of the APWU.
Each Division department shall be headed by its own
director and other necessary officers, who shall be
members of the particular Division and shall be elected
only by members of that Division.
This administrative structure is to apply similarly in
the organization of local, area, state and regional unions
affiliated with the APWU wherever feasible.
ARTICLE 10
Eligibility to Run and Hold National, State, or Local Office
SEC.1 ELIGIBILITY FOR OFFICE. (a) To be eligible
for nomination, the candidate must be a member in
good standing and an American Postal Workers Union
represented collective bargaining unit employee or a full
dues paying retiree of an American Postal Workers Union
represented collective bargaining unit craft.
24
(b) No member holding office in any other organization
representing employees for the purposes of collective
bargaining or in administrative proceedings can be elected
or appointed as an officer of the APWU, nor can he or she
be seated as a delegate to the National Convention.
SEC. 2 (a) Any national officer making application in
writing for a position in management shall, within ten (10)
days of that application, resign his or her position with
the APWU and if such resignation is not forthcoming,
upon conclusive evidence the National Executive Board
shall declare said office vacant and appoint a successor.
(b) Any employee eligible to be a member of the
American Postal Workers Union who voluntarily holds a
managerial, supervisory or EAS position for the equivalent
of a two-week period in a year shall be ineligible to hold
office at any level of the APWU 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 member who has submitted an application for a
managerial, supervisory, or EAS position shall withdraw
such application prior to acceptance of nomination for
any office in the APWU.
(c) Any member who voluntarily, after August 31,
1984, holds, accepts or applies for any managerial or
supervisory position, EAS position or the PASS Program
or any other supervisory program, for any period of time,
whether one (1) day or a fraction thereof, either detailed,
acting, probationary or permanently after being elected
or appointed to any office, shall immediately vacate any
office held by that member in the national, local, area
25
local, district council, state or regional organization, any
department of the APWU, 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.
ARTICLE 11
Nominations
SEC. 1. The officers of this Union shall be elected by
secret ballot by plurality vote and shall consist of President,
Executive Vice President, Secretary-Treasurer, Industrial
Relations Director, Legislative/Political Director,
Organization Director, Research and Education Director,
Health Plan Director, Human Relations Director, and
five (5) Regional Coordinators (One for Central, Eastern,
Northeast, Southern and Western). Where there is more
than one (1) National Business Agent within a region,
they will be referred to as National Business Agent (A),
(B), (C), (D), etc.
CLERK DIVISION: Director, three (3) Assistant
Directors who will be referred to as Assistant Director
(A), (B), and (C), and thirty-eight (38) National Business
Agents. (Refer to chart for complete breakdown into
regions.)
MOTOR VEHICLE SERVICE DIVISION: Director,
Assistant Director and six (6) National Business Agents.
(Refer to chart for complete breakdown into regions.)
MAINTENANCE DIVISION: Director, two
(2) Assistant Directors who will be referred to as
Assistant Director (A) and (B), and ten (10) National
Business Agents. (Refer to chart for complete breakdown
into regions.)
26
SUPPORT SERVICES DIVISION: Director, one (1)
National Business Agent
National Business Agent, Caribbean Area
National Business Agent, Alaskan Area, “as-needed”
National Business Agent, Pacific Area
SEC. 2. (a) CANDIDATES FOR NATIONAL
RESIDENT OFFICES. Any member in good standing
in this Union may be a candidate for election, if eligible,
provided he or she has nominating petitions endorsed by
a total of at least twelve (12) locals representing at least
five (5) states in three (3) or more regions.
(b) Candidates for the Support Services Division
Director and National Business Agent must be members-
at-large or members in good standing and must work in
one of the facilities of the Support Services Division and
shall have their nominating petitions endorsed by at least
three (3) Support Services Locals.
(c) Candidates for Regional Coordinator must be
members-at-large or members in good standing of a
local in the region they seek to represent and must have
nominating petitions endorsed by at least ten (10) locals
representing at least four (4) states within the Region.
(d) Candidate for any division position must be
members of the division in which they seek such
positions and they are to be elected only by members of
that division.
(e) Candidates for National Business Agent, Clerk
Division, must be members-at-large or members in good
standing of a local in the region they seek to represent and
endorsed by at least eight (8) locals within that region.
27
Candidates for National Business Agents, Clerk Division,
will be elected from the region they represent pursuant to
the chart for National Business Agents in the American
Postal Workers Union national Constitution and Bylaws.
(f) Candidates for national resident offices, Motor
Vehicle Service and Maintenance Divisions, shall have
their nominating petitions endorsed by twelve (12) locals
from five (5) states.
(g) Candidates for National Business Agent, Maintenance
Division, shall have their nominating petitions endorsed by
division members representing at least ten (10) locals in at
least four (4) states within their region or sub-region.
(h) Candidates for National Business Agent, Motor
Vehicle Service Division, shall have their petitions
endorsed by division members from eight (8) different
locals within their region.
(i) Candidates for the National Business Agent,
Caribbean Area, shall be members-at-large or members
in good standing and must be residents of the Caribbean
Area. Petitions are to be signed by the local President and
Secretary from at least one local in their respective area.
(j) Candidates for the National Business Agent, Alaskan
Area, must be members-at-large or members in good
standing and must be residents of the state of Alaska.
Petitions are to be signed by the local President and
Secretary from at least one local in their respective area.
(k) Candidates for the National Business Agent, Pacific
Area, must be members-at-large or members in good
standing and must work within the Pacific Area. Petitions
are to be signed by the local President and Secretary from
at least one local in their respective area.
28
CHART FOR NATIONAL BUSINESS
AGENTS (NBA)
Support
Clerk Maintenance MVS Services Other
1
(IL, IN, IA,
KY, MI, MN,
ND, OH,
CENTRAL REGION SD,WI)
Region:
Chicago 3
Cincinnati 2
Minneapolis 2
St. Louis 2
Wichita 2
Sub-Region:
EASTERN REGION 1 1
Region:
Philadelphia 3
Washington, DC 2
1
NORTHEAST (Caribbean
1 1
Area)
REGION
Region:
New England 3
New York 3
SOUTHERN REGION 3
Region:
Atlanta 3
Dallas 3
Memphis 2
CHART FOR NATIONAL BUSINESS
AGENTS (NBA)
Support
Clerk Maintenance MVS Services Other
Sub-Region:
1
2
(Pacific &
WESTERN REGION 2 1 Alaskan
Areas)
Region:
San Francisco 4
Denver 2
Northwest 2
ALL REGIONS 1
(l) Candidates for Retirees Department Director and
Retiree National Convention Delegate must be members
in good standing of the Retirees Department, paying
thirty-six dollars ($36.00) per year per capita tax to the
national Union. A member of the Retirees Department
in good standing may request a nominating petition and
may nominate himself or herself or any other member
in good standing of the Retirees Department to be a
candidate for Retirees Department Director, and he or she
will be elected by members of the Retirees Department
nationwide. A candidate for Retiree National Convention
Delegate for the region he or she will represent will be
elected from that region. Members in good standing who
are nominated by others and are not self-nominated will
be notified that they have been so nominated and must
agree in writing to accept the nomination before their
names can be placed on the ballot.
Retirees shall elect the Retirees Department Director
and five (5) delegates to the National Convention. The
Retirees Department Director and each Retiree National
Convention Delegate will have a voice and one (1) vote
at the National Convention. The five (5) Retiree National
Convention Delegates shall be paid necessary expenses to
attend the National Convention and the All-Craft APWU
Retiree Department Conference.
(m) Members of the APWU Retirees Department who
pay thirty-six dollars ($36.00) per annum and retired
as members of the APWU-represented bargaining unit,
shall be eligible to vote for the three (3) APWU General
Officers: President, Executive Vice President and
Secretary-Treasurer, and three (3) resident department
officers: Legislative/Political Director, Human Relations
31
Director, and APWU Health Plan Director, excluding
all local, state, and national resident and craft/division
officers not specifically listed herein, or in any matter
pertaining to National Agreement ratification, Local
Memorandum of Understanding, or proposed work
stoppages.
SEC. 3. (a) Any eligible member may secure an
official petition from the Secretary-Treasurer on May 1
through June 1 of the election year. Such petitions will
be duplicated by each candidate at his or her own expense
and must be received no later than June 15 at 5 p.m. at a
box designated by the Secretary-Treasurer. In the event
June 15 falls on a Saturday, Sunday, or holiday, the time
shall be extended to the next weekday. Candidates shall
provide in such petitions a certification signed by them,
stating: “I am a member in good standing of the ________
Division.” “I am employed by __________.” “The title
of my job is ______.” “I am retired: _______.” “I am
not retired: ______.” Candidates for Director, Retirees
Department and Retiree National Convention Delegate
shall certify that they are members in good standing of
the Retirees Department and are not employed by the
United States Postal Service.
(b) The Secretary-Treasurer shall, after certifying the
constitutional qualifications of each candidate, publish
in the July-August issue of the official publication, the
names of all candidates for national office and for Retiree
National Convention Delegate. In the event that only
one (1) eligible candidate is nominated for an office,
the Secretary-Treasurer shall cast one (1) ballot for each
nominee whereupon the Election Committee shall declare
the nominee(s) duly elected to the respective position.
32
(c) (1) The Editor of the APWU official publication
shall print an Election magazine (cover identified as such
and back cover blank) with photographs and candidate
statements not to exceed one thousand (1000) words
for contested positions, submitted electronically, and
received by the Election Committee in the office of the
Secretary-Treasurer not later than July 1 to be valid for
printing. The statements will be listed in order of the
contested office and the candidates will draw for order
of placement within the office they are running for. The
Election magazine will be mailed in the same envelope as
the ballot and no other material will be allowed.
(2) The National Executive Board shall make the
necessary arrangements to post on the APWU website
information contributed by candidates for contested
positions, not to exceed one thousand (1,000) words. All
such information shall be submitted electronically and
received by the Secretary-Treasurer not later than July
1 to be valid for posting on the website. Candidates
may also submit new information and/or add to existing
submissions of less than one thousand (1,000) words by
following the same procedures and submitting not later
than August 1 and again on September 1.
(d) In the event of the death of a nominee for any
office or Retiree National Convention Delegate, the
National Executive Board shall be empowered to take
such action consistent with federal laws as it deems
necessary, including but not limited to the holding of new
nominations and election for the affected office(s).
SEC. 4. Any APWU member seeking election to a
Health Plan national office must be a member in good
standing (if eligible) of the APWU Health Plan in order
to be declared an “official candidate.”
33
ARTICLE 12
Election Process
SEC. 1. An Election Committee shall be appointed by
the President and shall consist of not less than five (5)
members and shall submit a full report of the election
returns to the President immediately after the tally has
been completed, but not later than November 1. Their
lost time and expenses shall be paid for by the APWU.
Candidates have a right to witness the tabulation at their
own expense. The Election Committee shall promulgate
reasonable rules and regulations governing the conduct
of all national elections. Such rules and regulations
shall be consistent with the national Constitution and all
applicable federal laws. A copy of these rules shall be
printed in the March-April issue of the official APWU
publication.
SEC. 2. The President shall select a recognized outside
ballot association to conduct the election under the
supervision of the Election Committee. Not later than
September 15 of an election year, the selected outside
ballot association shall mail ballots to each member in
good standing at his or her last-known address. Notice
shall be enclosed with the ballot advising the member of
the deadline by which the ballot must be received by the
Election Committee in order to be counted. The deadline
for receipt of ballots from members in good standing
shall be no less than twenty (20) days from the date on
which the ballot association mailed ballots to members in
good standing. To be eligible to vote, a member must be
in good standing according to the official records of the
national Union on the last day of the first full pay period
in June of the election year. It shall be the duty of the
Secretary-Treasurer to furnish the ballot association with
34
a mailing list early enough so that ballots will be mailed
out during the period September 10 through September
15 of an election year.
SEC. 3. The member voting shall indicate his or her
choice for each of the candidates’ names by making a
cross (x) or check () opposite the name of the candidate
for whom he or she wishes to vote. The voter shall then
seal the ballot in the small envelope, without any writing,
or other means of identification upon it, and enclose this
envelope in the larger one and complete the address in
accordance with the instructions enclosed with the ballot.
SEC. 4. (a) Write-in votes shall not be valid, counted
or considered. After nominations have been closed
any unopposed candidate duly-qualified by nominating
petition for office or Retiree National Convention
Delegate shall be declared elected and his or her name
shall not appear on the ballot.
(b) Members may not file or be candidates for more
than one (1) elective office.
SEC. 5. To be valid, ballots shall be in the designated
box not later than on October 5 at 2 p.m. They shall
be taken from the designated box at or about 2 p.m. on
October 5th by the ballot association with at least two
(2) members of the Election Committee present. In the
event October 5 falls on a Saturday, Sunday, or holiday,
the time shall be extended to the next weekday.
The Chairperson of the Election Committee shall be
responsible for having printed tally sheets showing the
votes cast by each local. Tally sheets for Retiree National
Convention Delegate shall show the total votes cast.
Counting ballots must be completed by November 1.
35
SEC. 6. The ballots shall be counted in the presence of
no less than three (3) members of the Election Committee.
The candidate or candidates receiving the highest number
of votes for each office shall be declared elected.
In the case of a tie affecting the final selection of
one (1) or more candidates, only the names of the tied
candidates shall be re-submitted to the Election Committee
who shall prepare a ballot and conduct another election.
After certification of the election results signed by
members of the Election Committee it shall be the duty
of the Secretary-Treasurer to announce the results of the
election in the next edition of the official publication.
SEC. 7. National Officers and Retiree National
Convention Delegates shall be elected by mail ballot
of the members for a three (3) year period effective
November 1 of the election year.
Newly-elected officers shall report and take office on
November 12 of the election year and outgoing officers
shall remain on the job in an advisory capacity for a
period of five (5) working days in order to effectuate a
smooth transition of officers.
SEC. 8. Each local union, area local, regional and state
organization shall establish an Election Committee, no
member of which shall be a candidate for election while
serving on such committee.
The Election Committee shall be responsible for
the conduct of local elections and shall decide all
controversies arising out of the election processes.
36
Any member who feels aggrieved in connection with
the conduct of a local, state or regional election shall
file their grievance with the election committee within
seventy-two (72) hours after the grievance arises. (For
the purpose of this Article, the term “election” shall
include nominating procedures.)
Appeals from the decision of the Election Committee
shall be to the National Election Appeals Committee
referenced in Section 9 and described in Section 10 of
this Article; shall be in writing; shall set forth all the
relevant facts on which the appeal is based; and shall
be filed with the National Election Appeals Committee
within five (5) days from receipt of the decision of the
affiliate’s Election Committee.
SEC. 9. Any member who feels aggrieved in connection
with the conduct of a national election shall file their
grievance with the National Election Appeals Committee
within seventy-two (72) hours after the grievance arises.
SEC. 10. The President, with the approval of the
National Executive Board, shall appoint a National
Election Appeals Committee which shall consist of
the President and four (4) additional members. This
committee shall have final authority to decide disputes,
controversies and appeals arising out of local, state,
regional and national elections.
The National Election Appeals Committee shall have
authority to adopt rules and regulations as it deems desirable
to promptly accomplish the objective of this Article.
Where the National Elections Appeals Committee finds
merit in an appeal, it shall have full authority to direct and
impose such a remedy as it considers necessary or proper.
37
SEC. 11. Officers declared elected through applicable
procedures of national, local, area local, regional and state
organizations shall assume and hold office pending final
determination under the appeals procedures provided in
this Article.
ARTICLE 13
National Executive Board, Executive Council,
and Committees
SEC. 1. The National Executive Board of the APWU
shall consist of the President, Executive Vice President,
Secretary-Treasurer, Industrial Relations Director, Clerk
Division Director, Motor Vehicle Service Division
Director, Maintenance Division Director, Support
Services Division Director and the five (5) Regional
Coordinators.
The National Executive Board shall be the highest-
ranking governing body of the American Postal Workers
Union, AFL-CIO in between conventions and shall meet
at least once a calendar year or at the call of the President.
Furthermore, upon written request a majority of the
members of the National Executive Board shall have the
power to call a special meeting of the National Executive
Board.
The National Executive Board of the APWU and the
Director of the Health Plan shall be the Board of Directors
of the Health Plan.
SEC. 2. NATIONAL EXECUTIVE COUNCIL: The
National Executive Council shall be comprised of the
National Executive Board, all Division Councils, and all
other full-time national officers.
38
SEC. 3. The delegates of the American Postal Workers
Union to the AFL-CIO convention shall be the President,
Secretary-Treasurer, Legislative/Political Director,
Research and Education Director and Human Relations
Director. If, for any reason, any of the foregoing are
unable to attend the AFL-CIO Convention, the President
shall appoint an alternate delegate or delegates. Delegates
shall attend the sessions of the AFL-CIO convention
and properly represent this organization, guided by
instructions of the APWU and the National Executive
Board.
SEC. 4. ELIGIBILITY FOR COMMITTEES: No
person shall be eligible for membership on any National
Convention or Election Committee unless they are a
member in good standing of the APWU and their local or
area local is a member of their respective state or regional
organization.
SEC. 5. To ensure compliance with existing labor laws
and the provisions of the Constitution and Bylaws of the
APWU, subordinate bodies will send their Constitution
and Bylaws to the office of the Secretary-Treasurer for
review. The President reserves the right to convene a
constitution committee, to include division representation,
to assist in the review, if deemed necessary.
SEC. 6. FINANCE COMMITTEE: At least one
(1) month in advance of the National Convention,
the President shall request the presidents of three (3)
local unions to designate a delegate elected from their
respective unions to serve as a member of the Finance
Committee. Upon receipt of notice of selection of three
(3) members for the Finance Committee, the President
shall notify them of their appointment and designate a
date on which they will report to national headquarters.
39
The Finance Committee shall review and verify the audit
of the books and accounts of the Secretary-Treasurer. The
Finance Committee shall check, review and approve the
bonds of the national officers and make a report of their
findings. Their report shall be printed with the Report
of Officers and submitted to the National Convention.
Necessary expenses incurred in the performance of their
duties shall be paid from the national Union treasury.
SEC. 7. There will be established a Women’s
Committee which should be known as APWU POWER
(Post Office Women for Equal Rights).
SEC. 8. There will be established a Deaf/Hard of
Hearing Task Force Committee.
SEC. 9. RANK AND FILE BARGAINING ADVISORY
COMMITTEE AND CONTRACT RATIFICATION.
(a) Each member of the National Executive Board
shall appoint one (1) member who is not on the national
payroll to serve on the Rank and File Bargaining Advisory
Committee.
No fewer than one (1) member from the Deaf and Hard
of Hearing Task Force shall be an automatic member
of the Rank and File Bargaining Advisory Committee
during National negotiations of the Collective Bargaining
Agreement.
The purpose of the committee shall be to recommend
and advise the National Negotiations Committee on
bargaining demands. It shall be convened on the call of
the President not less than sixty (60) days prior to the
submission of the proposed contract demands and at
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such other time as the President might deem necessary to
keep the committee adequately informed on the progress
of the negotiations, but specifically when any tentative
agreement has been reached.
(b) The National Negotiations Committee has full
authority to negotiate the terms of any Collective
Bargaining Agreement with an employer with respect
to grievances, labor disputes, rates of pay, wages, fringe
benefits, and hours of employment or conditions of work,
subject to the following:
(1) The national negotiators shall complete as many
questions and answers as possible regarding any newly-
agreed upon contract language or changes to existing
contract language prior to giving a “tentative” Collective
Bargaining Agreement to the Rank and File Bargaining
Advisory Committee for consideration. In addition, the
Rank and File Bargaining Advisory Committee may also
submit any questions they may have for responses and
inclusion in the questions and answers prior to making a
recommendation for ratification to the membership.
(2) The Rank and File Bargaining Advisory Committee
shall be given full veto power over the proposed National
Agreement.
(3) If a majority of the voting members of the committee
vote against acceptance of the proposed agreement, the
contract will not be sent out on a referendum and shall
be considered a mandate to the National Negotiations
Committee to reopen negotiations.
(c) The national Rank and File Bargaining Advisory
Committee, upon their approval of the tentative agreement,
shall determine the conduct of the membership ratification
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vote by mail, providing the envelopes in this referendum
are exactly the same in all physical characteristics and
destinations and provided the envelopes are private,
without a window. They shall select from among their
members a subcommittee of five (5) to supervise the
counting of the ballots.
Any National Agreement brought to the membership
for ratification vote will contain sufficient details for the
membership to make an informed decision prior to any
ratification vote.
When an agreement is sent to the members for
ratification, it should reflect exactly what the contract will
be. The language will not be changed after it is approved.
ARTICLE 14
Recall
There shall be no recall provision in this Constitution
and Bylaws, or in the Constitution or Bylaws of any
APWU subordinate body. Removal of officers is governed
by Article 15.
ARTICLE 15
Local and Membership Protection
The following shall constitute offenses, the commission
of which shall subject any officer or member of the
American Postal Workers Union, or of any subordinate
body of APWU, or a subordinate body itself, to
disciplinary action as set forth herein:
SEC. 1. (a) Violating any provision of the Constitution
or Bylaws of the APWU or of a subordinate body, or
failure to perform duties or functions specified or required
therein;
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(b) Engaging in a movement which has for its purpose
the fostering of a rival organization;
(c) Violating the right of members to be free from
discrimination on the basis of race, color, creed, sex,
sexual orientation, gender identity or gender expression,
nationality, handicap, political affiliation, age, or religion;
(d) Engaging in conduct that would expose the APWU
to civil liability;
(e) Joining or lending active support to any organization
or movement, whose purposes and objectives are contrary
to the fundamental principles of the government of the
United States of America, such as a communist or fascist
movement.
(f) An officer or member or subordinate body found
guilty of any of the foregoing after the filing of charges
and the holding of hearings and other procedures as
prescribed in this Article, may be disciplined by probation,
suspension, expulsion, or other appropriate disciplinary
action.
SEC. 2. (a) Except in case of suspension or expulsion
for non-payment of dues or per capita, the President may
initiate suspension proceedings against a subordinate
body upon a finding of:
(1) A willful and substantial commission of an offense
prohibited by Section 1 of this Article and may suspend a
subordinate body upon a finding; (2) That such suspension
is necessary to prevent the theft, misappropriation, or
embezzlement of the funds, assets or properties of the
subordinate body. Any such finding and suspension shall
be made in writing, setting forth the basis therefore and
shall be effective upon delivery to the subordinate body.
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(b) Where a subordinate body is suspended under
Section 2(a)(2) above, the President may appoint a
trustee immediately to assume management of the affairs
and business of the subordinate body.
Where suspension proceedings have been initiated
against a subordinate body under Section 2(a)(1), the
trustee shall not be appointed until charges are sustained
by the trial board and affirmed by the National Executive
Board.
(c) The Secretary-Treasurer shall serve specific charges
in writing upon such subordinate body as promptly
as possible [but not later than five (5) days after its
suspension or the appointment of a trustee under Section
2(a)(2)], and a trial of such charges shall take place within
thirty (30) days thereafter before a trial board appointed
by the National Executive Board. The trial board shall
consist of three (3) members who shall not be interested
in the matter out of which the charges arose. The accused
shall have the right to counsel, to produce evidence, to
cross-examine and to a stenographic transcript of all
the testimony. The decision of the trial board shall be
rendered within ten (10) days following the trial and shall
direct either that suspension under Section 2(a)(1) be or
not be imposed, or as to proceedings under Section 2(a)
(2) that the suspension continue in effect for a specified
period of time, or that the suspension be terminated.
(d) An adverse decision of the trial board may be
appealed by the subordinate body, its Secretary-Treasurer,
or an officer thereof, to the National Executive Board by
transmitting a notice of an appeal to the National Executive
Board within ten (10) days following the decision of the
trial board. The National Executive Board shall render its
44
decision on the appeal in writing within fifteen (15) days
of the receipt of the notice of appeal. A subordinate body
whose suspension is upheld by the National Executive
Board may appeal to the next National Convention.
(e) A trustee appointed under this article shall have the
right upon demand, to all the funds, properties, books and
assets of the suspended organization for the period that he
or she is in charge, such properties to be held in trust for the
benefit of the subordinate body and to be expended only to
the extent necessary for the proper conduct of the affairs
of the subordinate body. The trustee shall be adequately
bonded. The trustee shall be authorized and empowered
to suspend any or all the officers from office, but not from
membership; appoint temporary officers for the duration
of his or her trusteeship; take other actions as in his or
her judgment are necessary for the preservation of the
subordinate body, all subject to the direction, instructions
and approval of the National Executive Board. Any
officer who may be suspended by the trustee under the
provisions of this section shall surrender to the trustee,
upon proper receipt; all monies, books and properties of
the subordinate body. Temporarily appointed officers
shall be appointed from members in good standing of
such subordinate body. The trustee shall be empowered
to pay all claims which are properly approved if funds are
available and in all necessary particulars to conduct the
affairs and management of the subordinate body with the
assistance of the temporary officers herein provided for
until the trusteeship is terminated.
Expenses, including salaries, but not exceeding
the current costs of administration of the affairs of the
subordinate body, which are assumed by such trustee,
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shall be paid out of the funds of the subordinate body if
available; otherwise, they shall be borne by the national
Union.
(f) A trusteeship shall be continued no longer than is
necessary to coordinate and reorganize the affairs of the
subordinate body and shall in all events be concluded as
soon as practicable within the judgment of the President,
provided the suspended subordinate body shall have
the right to appeal to the National Executive Board for
removal of the trusteeship if it is deemed such trusteeship
has been continued longer than is necessary, provided
further that no such appeal shall be made at an interval of
less than ninety (90) days. In connection with any such
appeal, the subordinate body shall have the right to full
hearing on the question of whether the trusteeship shall
be continued. In no event shall a trusteeship be continued
for a period longer than outlined by the U.S. Department
of Labor which is presently established as eighteen (18)
months.
SEC. 3. (a) The National Executive Board of this
Union shall have jurisdiction to hear and determine any
and all charges under this Article or the Constitution.
(b) The Executive Board or trial board of local unions
or other subordinate bodies have jurisdiction only to hear
charges against members or officers of such subordinate
body. In cases where charges involving members or
officers of a subordinate body are presented to the
National Executive Board, it shall refer such charges to
the subordinate body involved for a hearing.
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(c) MEMBER CHARGES. A charge by a member in
good standing that a member has violated the national
Constitution or Bylaws or the Constitution or Bylaws of
a local, state or regional organization must be specifically
set forth in writing and signed by the member making
the charge. For each alleged offense, the charge shall
state (1) who is being charged; (2) the exact nature of
the alleged offense; (3) the period of time during which
the alleged offense took place and (4) the constitutional
provision allegedly violated.
Attached to the charge(s) will be evidence and if
there are witnesses, a signed statement from at least one
(1) witness.
(d) Except in cases of suspension or expulsion for
non-payment of dues or per capita, no disciplinary action
shall be taken for violation of any of the provisions of this
Article or of the Constitution until an accused individual
or a subordinate body has been accorded the following
procedures.
(e) Proceedings under this Article may be initiated
by any member of APWU by filing charges with the
Secretary of the body of which the accused is an officer
or member.
(f) PROCEDURES. Charges must be submitted to
the Secretary-Treasurer or Treasurer, or, if the Secretary-
Treasurer and Treasurer are charged, then to the highest-
ranking officer not charged, of the local, state or regional
organization of which the charged member or officer
is a member, with the exception of national officers.
Charges against a national officer are to be submitted to
the national Secretary-Treasurer or the highest-ranking
officer not charged.
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All charges are to be submitted within one hundred
twenty (120) days of the time the charging party first
became aware, or reasonably should have been aware of
the alleged offense.
Upon receipt of the charges, the Secretary-Treasurer
or Treasurer of the local, state or regional organization
or highest-ranking officer not charged with whom such
charges are filed shall promptly transmit by express mail
or certified mail, including a return receipt, a copy of the
charges to the charged and charging parties at the last
known address of each. Accompanying the charges shall
be written notice of the time and place of the hearing,
which shall be held not less than one (1) week after the
date of mailing of the notice. In the event of a trial board
being appointed pursuant to Section (i), such notice of
hearing shall be given to the accused by the committee.
(g) The accused shall be accorded a full and impartial
trial, with the right to appear personally and be represented
by any member of this Union, but whether the accused
shall be represented by an attorney in such trial shall be
left to his or her own discretion.
(h) The hearing may be held on a charge notwithstanding
the failure of the accused, after being given notice thereof
pursuant to provisions of this Article to appear thereat.
(i) The National Executive Board shall constitute a trial
board before which hearings on the charges before the
National Executive Board may be held provided that the
National Executive Board may appoint a hearing officer
or officers to act on its behalf for the purpose of holding a
hearing. The National Executive Board may appoint as a
hearing officer one (1) or more national Union officer(s)
48
who shall be impartial. In cases in which a hearing officer
is appointed by the National Executive Board, the hearing
officer shall hold a trial under such trial procedure as shall
be determined by the National Executive Board; shall
make findings of fact and conclusions of law in respect
to such charges; and shall recommend to the National
Executive Board what disciplinary action, if any, is to
be taken by the National Executive Board. In all cases,
including those in which a hearing officer is appointed
by the National Executive Board, the National Executive
Board shall determine what disposition should be made
of the charges before it.
(j) The local or state executive board or separate elected
trial board for a subordinate body shall constitute the trial
board before which hearings on charges may be held,
provided that any such trial board may appoint one (1) or
more of its members who shall be impartial to act for it
as hearing officer for the purpose of holding hearings. In
cases in which a hearing officer is appointed, the hearing
officer shall hold a trial under such trial procedure as shall
be determined by the trial board; shall make findings of
fact and conclusions of law in respect to such charges;
and shall recommend to the trial board what disciplinary
action, if any, is to be taken by the trial board. In all cases,
including those in which a hearing officer is appointed,
the trial board shall determine what disposition should be
made of the charges before it.
(k) Any decision or disposition of charges by the
Executive Board or separate elected trial board of a local
union shall be reduced to writing and submitted as a report
to the Secretary of the local union, including a synopsis
49
of the testimony introduced at the trial, together with the
verdict “guilty” or “not guilty,” and the recommended
disciplinary action, if any.
Upon receiving the report, the Secretary of the local
union shall read it at the next regular union meeting.
In the event of a guilty verdict, the Secretary will first
submit the question of sustaining the report as to guilt or
innocence and if guilt is determined, then the question
of accepting or rejecting the recommended disciplinary
action.
However, if the recommended disciplinary action
is expulsion, suspension without pay in excess of sixty
(60) days or termination of an incumbent elected officer,
an affirmative vote to expel from office or terminate
the membership of the officer cannot take effect unless
confirmed by two-thirds (2/3) of those voting in a
referendum on the recommended disciplinary action.
The affected officer shall have ten (10) days to submit
a reply to the report. The report and the reply from the
affected officer, if submitted, shall contain no more than
one thousand (1,000) words each and be sent with each
ballot.
SEC. 4. (a) Any person or body against whom
disciplinary action has been taken or whose charges have
been dismissed in whole or in part, shall have the right to
appeal as follows:
(b) From the disciplinary action of or dismissal of
charges by a local union, (1) to the President, (2) to
the National Executive Board, and (3) to the National
Convention.
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(c) From the disciplinary action of or dismissal of the
charges by the National Executive Board to the National
Convention.
(d) From the disciplinary action of the President (1) to
the National Executive Board, and (2) to the National
Convention.
(e) In acting as an appeal board, the National Executive
Board may appoint one (1) or more national Union
officer(s), who shall be impartial, to act on its behalf
for the purpose of reviewing any appeal. The member
so named shall make recommendation to the National
Executive Board concerning disposition of the appeal.
The National Executive Board shall determine the final
disposition of the appeal.
(f) Appeals shall be taken within a reasonable time
not to exceed thirty (30) days from the date that notice
of disposition of the charges or disposition of any
intermediate appeal is received, provided the appellate
body may extend such time for appeal if circumstances
so warrant. Appeals shall be in writing and shall state
the basis of the appeal. The appellant shall be permitted
to present such appeal in person before any appellate
tribunal. In the case of an appeal to a National Convention,
such personal appeal shall be limited to an appearance
before the Convention Committee established to deal with
appeals unless such appeals committee or the convention
itself decides to permit a personal appearance before the
National Convention.
(g) Individuals, or subordinate bodies against whom
disciplinary action has been taken shall be obliged to
exhaust all remedies provided for in this Article and in
the Constitution before resorting to a court of law or other
tribunal.
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ARTICLE 16
Fiscal Year, Revenues, and Charters
SEC. 1. The fiscal year of this organization shall begin
January 1 and end December 31.
SEC. 2. REVENUES. (a) The revenues of this Union
shall be derived from a per capita tax of twelve dollars
and seventy-eight cents ($12.78) per member, bi-
weekly, to be paid upon the full paid up membership of all
affiliated local unions and members-at-large (said sum to
include subscription to the official publication) of which
twenty-five cents (25¢) per member, per month is to be
returned to the member’s respective state organization,
with a minimum of five thousand dollars ($5,000) per
year to each state organization.
Five cents (5¢) of the per capita tax will be deposited
in a contingency fund. The national per capita tax and
local dues shall be increased when each negotiated
salary increase takes effect by the following formula by
deducting three percent (3%) of each negotiated salary
increase based on Level 6, Step K, one percent (1%) for
the APWU General Fund and two percent (2%) for the
local. The formula set forth above in the future will apply
to members-at-large with the two percent (2%) local
rebate being sent to the respective state organization.
(b) When a regional organization is formed in lieu of
a state organization, it shall receive fifteen cents (15¢)
per member, per month for each member from within the
respective states. The regional organization shall receive
a minimum of fifteen hundred dollars ($1,500) per year
for each state.
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(c) The APWU shall remit eight cents (8¢) of the
national per capita tax, per month, per member to the
national Auxiliary.
(d) A member of the National Executive Board of the
APWU will act as a liaison officer between the parent
body and the Auxiliary.
(e) The APWU shall remit ten cents (10¢) of the
national per capita tax per month, per member to the
Postal Press Association.
(f) A Disaster/Hardship Fund shall be established
with three hundred thousand dollars ($300,000) of the
funds in the Contingency Fund. The Disaster/Hardship
Fund is to be expended in the event of natural disaster,
catastrophic medical condition or other catastrophic event
as determined by the National Executive Board upon the
recommendation of the President.
(g) An APWU Organizing Fund shall be established to
be used exclusively for Private Sector organizing.
(h) Monies earmarked by Convention actions for
specific programs and staff in all departments must be
used only in said programs and staff.
(i) Ten (10) or more Retirees Department members
residing within a local or area local geographical
jurisdiction may form a Local Retiree Chapter. Chartered
Local Retiree Chapters shall receive forty percent (40%)
of the annual retiree per capita tax per retiree member of
that local chapter. One dollar ($1.00) per month shall
be passed on to existing local and state retiree chapters
where they now exist or may be organized in the future.
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Where there are no retiree chapters in existence, the
one dollar ($1.00) shall be retained by the Retirees
Department in an organizing fund, to be disbursed solely
for organizing activities by the Retirees Department.
(j) There will be membership jurisdiction procedures
established which allow for a retired member residing
outside the zip code representation jurisdiction of
their home local from which they retired, the option of
assigning their Local Retiree Chapter membership and
forty percent (40%) annual dues rebate to their home
Local Retiree Chapter.
(k) State Retiree Chapters will receive forty percent
(40%) of the annual retiree per capita tax per retiree
member of that State Retiree Chapter which does not
belong to a Local Retiree Chapter. State Retiree Chapters
shall receive twenty percent (20%) of the national per
capita per retired member in that state once fifty percent
(50%) or more of the state retiree membership has been
organized and chartered into Local Retiree Chapters by
the national APWU.
SEC. 3. ASSESSMENTS. Special assessments may be
levied by the National Executive Board or by a National
Convention whenever it becomes absolutely necessary
to carry on the work of the organization. A two-thirds
(2/3) majority vote of the National Executive Board or a
majority vote of a National Convention shall be required
to approve the assessment before it shall be levied. Any
assessments levied by the National Executive Board
shall be effective only until the next regular National
Convention.
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SEC. 4. Charters will be issued by the national
Secretary-Treasurer to locals, area locals, state and
regional organizations and district councils without cost
to these subordinate units.
No charter can be issued to a local of less than ten (10)
members or to a state or regional organization other than
as provided in Section 5 of this Article unless authorized
by the National Executive Board.
There will be only one (1) local chartered within the
same installation and such local shall have representation
on the local executive board from each division reflecting
the local union’s membership.
The Secretary-Treasurer shall notify in writing each
local that does not have a Constitution and Bylaws, has
not filed reports and returns required by federal law,
or has not conducted elections in accordance with the
Department of Labor Regulations, that its charter will
be revoked. Any such local notified may appeal to the
National Executive Board within ninety (90) days of
receipt of such notification.
The National Executive Board shall grant the local’s
appeal if the local has a Constitution and Bylaws, files
reports and returns required by federal law and conducts
regular elections in accordance with their Constitution
and Department of Labor Regulations.
Prior to revoking the charter of any local, the Secretary-
Treasurer shall strongly urge the local to merge with a
functioning contingent local, area local or state of their
choice in accordance with the merger guidelines. The
National Executive Board shall expedite and approve
said merger with dispatch and without impediment.
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SEC. 5. LOCALS, AREA LOCALS, DISTRICT
COUNCILS, STATE & REGIONALORGANIZATIONS.
(a) LOCALS – Ten (10) or more members in the same
postal installation may be chartered as a local.
(b) AREA LOCALS. The membership of a number of
installations in a geographical area or within a sectional
center or a combination of sectional centers may join
together in a single local upon thirty (30) days notice
by secret vote of the majority of the members voting
from their respective locals and be issued a charter by
the APWU. No member may become affiliated with any
other local when there is a local union in the installation
where he or she is employed.
(c) DISTRICT COUNCILS. Individual members or
locals in a limited geographical area may join together for
the purpose of carrying on joint activity. District Councils
shall be chartered by the National Executive Board. The
District Councils shall be fully autonomous within the
limitations of national, state and regional constitutions.
(d) STATE ORGANIZATIONS. Two (2) or more
district councils or five (5) or more locals within a state may
establish a state organization which shall be autonomous
within the limitations of the national Constitution.
(e) REGIONAL ORGANIZATIONS. Five (5) or more
locals from more than one (1) state may join together to
form a regional organization.
SEC. 6. RESPONSIBILITY OF CHARTERED
SUBORDINATE BODIES. (a) All chartered locals,
area locals, state and regional organizations shall have a
constitution and bylaws. In the absence of such constitution,
this constitution shall apply to the extent applicable.
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(b) A copy of each of these constitutions and bylaws
must be on file at national headquarters and shall not be
in conflict with the national Constitution.
(c) Each chartered subordinate body shall be fully
autonomous. Each subordinate local or area local is
entitled to title and possession of local assets and funds
to which it is entitled by law and by this Constitution,
except to the extent of its obligation to pay per capita tax
to the APWU as provided in this Constitution.
Where a subordinate local or area local which is not
in arrears as to per capita dues, terminates by a majority
referendum vote of the members its affiliation with the
APWU, the APWU shall have no claim to the funds and
assets of the local or area local. Nothing herein shall
prohibit the immediate granting of a charter to a local or
area local in the same installation or area local.
SEC. 7. The American Postal Workers Union shall
have no claims to any funds or assets belonging to a local
or area local, except that which is due it for per capita tax.
SEC. 8. DELINQUENT LOCALS. Any local or area
local affiliated with the APWU which fails to pay its per
capita tax on or before the fifteenth (15th) day of the
month or fails to pay an assessment within six (6) months
shall be declared delinquent and, if at the end of ninety
(90) days following the due date it is still in arrears, the
Secretary-Treasurer shall submit the facts to the National
Executive Board with his or her recommendation.
Approval of the National Executive Board will be
necessary to suspend the local. Any local remaining
suspended for six (6) months, shall surrender its charter
57
to the Secretary-Treasurer and forfeit all privileges in the
APWU. The same procedures shall apply for delinquent
members-at-large.
SEC. 9. SUSPENDED LOCALS. A suspended local
may be reinstated in this organization upon payment of
all arrearages provided the National Executive Board
shall, in exceptional cases, have the power to excuse such
arrearages when circumstances warrant such action.
SEC. 10. AUDIT OF LOCAL ACCOUNTS. The
Secretary-Treasurer has the authority to have the books of
any local examined when a local is not remitting per capita
tax on the membership to which the APWU is entitled.
SEC. 11. BONDS. Officers who are required to be
bonded shall have the expense of such bond borne by the
Union.
ARTICLE 17
Subordinate Bodies
SEC. 1. The following subordinate bodies: the
Auxiliary and the Postal Press Association, shall include
in their respective constitutions provisions which accord
to their members, within their own organizations, all
rights accorded to members of the national Union under
the Members’ Bill of Rights and Article 15, Sections
3 and 4 of the Constitution of the APWU as amended,
including the right to appeal to the highest governing
body of the APWU subordinate body. In the absence of
such provisions in any required constitution, the rights
and procedures guaranteed by the national Constitution
shall be provided to members of the non-complying
subordinate body.
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ARTICLE 18
Referendum
SEC. 1. Any local of the APWU may prepare
and circulate a petition for the purpose of causing a
resolution of national importance or amendment to the
national Constitution to be brought to a vote to the whole
organization.
SEC. 2. Before circulating such a petition, the
Secretary-Treasurer of the APWU shall be notified in
writing of such action and furnished with a copy or draft
of the proposed question, resolution or amendment.
If such petition is subscribed to by signatures of
members of each of twenty (20) locals from eight (8)
different states and such total represents at least ten
percent (10%) of the overall membership of the APWU,
the Secretary-Treasurer must submit such referendum
or amendment to the constitution to a referendum vote
as hereinafter prescribed provided that any Convention
of the APWU may by motion submit any resolution or
amendment to the entire membership.
SEC. 3. Such petition shall be filed with the Secretary-
Treasurer during the month of February only.
SEC. 4. The proposition and a sample ballot shall be
printed in the official publication at least one (1) month
before being put to the referendum.
SEC. 5. Upon receipt of a petition for a referendum
vote the Secretary-Treasurer shall verify its validity to the
best of his or her ability and having done so shall certify
to the President that a petition has been duly filed.
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A referendum Election Committee shall be appointed
by the President and the referendum shall be conducted in
the same manner as election of officers using an outside
ballot association to conduct such referendum.
SEC. 6. The month of election shall be May of each
year and results shall be published in the Union’s official
publication.
SEC. 7. If more than one (1) referendum is initiated in
the annual period, all questions shall come to a vote at the
same time.
SEC. 8. Arguments for or against a referendum shall be
printed in the Union’s official publication not to exceed
more than two thousand (2,000) words for a side. If more
than one (1) argument is submitted, the Editor is required
to publish that which is submitted by the local initiating
the proposition to be voted on.
SEC. 9. It shall require a majority of votes cast to decide
all questions, including amendments to the constitution,
except at conventions, which shall require a two-thirds
(2/3) affirmative vote to carry and decide.
SEC. 10. Members-at-large shall be entitled to one
(1) vote each.
SEC. 11. No resolution or amendment adopted by
a referendum vote of the national membership may be
repealed or amended within one (1) year after election,
except by a referendum election.
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ARTICLE 19
National Officers’ Benefits
SEC.1. RETIREMENT. (a) The APWU shall provide
a retirement program for all full-time national officers
and such employees of the national union as the National
Executive Board determines, in accordance with the
following terms.
(b) The program, known as the American Postal
Workers Union Officers’ Retirement Plan (“ORP”), shall
be administered by a Board of Trustees, which shall be
comprised of the three (3) General Officers of the APWU,
under the direction of the National Executive Board of
the APWU.
(c) (i) The APWU’s annual contribution to the ORP shall
equal seventeen percent (17%) of total compensation for
active participants or if greater, the amount required by law.
(ii) The Trustees shall not amend the plan to
change benefits as long as the APWU’s annual required
contribution is projected to be no more than seventeen
percent (17%).
(iii) The Trustees shall actively monitor the projected
funding status of the ORP to avoid a required annual
contribution of more than seventeen percent (17%).
Should the ORP’s actuary and an independent actuary
who does not work for the ORP project that the APWU’s
required annual contribution will exceed seventeen
percent (17%) in any plan year, the Trustees shall take
the minimum actions necessary to maintain the APWU’s
required annual contribution to seventeen percent (17%)
in the next and all future plan years.
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(iv) Any amendments to the plan that would change
future benefits shall be made by the trustees under the
direction of the National Executive Board.
(d) For officers and full-time employees of the APWU
who are active employees of the Postal Service, the
APWU will continue to make employer contributions
to the pension plans provided by the Postal Service to
its active employees, whether through Civil Service
Retirement Act, the Federal Employees Retirement
System, or any retirement program established by the
Postal Service.
(e) All increases to national officers’ wages or benefits,
other than those outlined in Article 19, Section 2 or as
required by law, must be approved by a two-third (2/3)
vote of the National Convention.
SEC. 2. SALARY ADJUSTMENT. Whenever postal
employees are granted a pay increase, the same percentage
increase granted members in the bargaining unit at Level
6, Step L shall automatically accrue to all paid national
officers of the APWU.
SEC. 3. (a) LEAVE. All officers and full-time
appointed representatives shall be allowed thirty (30) days
annual leave with such sick leave as may be necessary.
(b) Unused annual leave may either be carried forward
for use in future years or paid for at the end of the
year in which it is earned at the option of the officer or
representative in question. No individual may be paid for
more than fifteen (15) days of unused annual leave in any
one (1) year prior to leaving office. National officers will
receive the same benefits as bargaining unit employees
as achieved through negotiations. Upon leaving union
office an officer or representative shall, upon application
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by the individual in question or the estate of a deceased
individual, be paid for the days of unused annual leave
accumulated under this provision, including those
accumulated proportionately during the course of the year
in which the individual leaves office. This subsection
(b) will apply to any subordinate body if the constitution
of the subordinate body does not specifically address the
accumulation, payment and liquidation of unused annual
leave.
(c) Unless specifically enunciated in the constitution of
a subordinate body, there shall be no reimbursement for
unused sick leave at any time during an officer’s service
to the subordinate body or upon leaving office with the
subordinate body.
(d) National officers participating in Federal Employees
Health Benefits plans shall pay the same premium to
participate in their plan as they would have paid if they
were not officers and the Union is authorized to pay the
employer share for national officers, on leave from the
United States Postal Service.
SEC. 4. No state or national officer shall be permitted
mileage expenses for their travel if they drive an
automobile that was fully assembled in a foreign country
and imported into this country.
ARTICLE 20
Locals, Area Locals, State, and Regional Organizations
SEC. 1. All locals and area locals will be members
of their APWU state organization under the criteria
established by the respective state constitution.
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SEC. 2. Locals, area locals, state and regional
organizations shall have within their organizations,
representation from each division.
SEC. 3. Locals, area locals, state and regional
organizations shall give consideration to the election of
division delegates to all state and national conventions.
SEC. 4. No division within a local, area local, state
and regional organization shall submit a resolution to a
state, regional or National Convention to affect another
division unless the affected division within the local, area
local, state and regional organization shall approve of
such a resolution.
ARTICLE 21
Succession of Officers and Vacancies
(a) The President shall fill all vacancies of general
officers, administrative and departmental officers,
subject to a majority approval of the National Executive
Board. Any vacancy which occurs through retirement,
resignation or death shall be filled or abolished within a
period of ninety (90) days, unless such vacancy occurs
after May 1st of an election year.
(b) In the Motor Vehicle Service (MVS) Division,
Maintenance Division and Clerk Division, the respective
Directors shall fill all vacancies or combine duties of
a vacant position, when they can be absorbed by other
officers, subject to the approval of a majority of members
of the individual Division Councils.
If a vacant position is not abolished at the next
convention by the delegates, the position will be placed on
the ballot for the next election following that convention.
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(c) In the event of illness, death or resignation of the
Director of the MVS Division, the Assistant Director of
the MVS Division shall assume the responsibilities of the
Director of the MVS Division.
(d) In the event of illness, death or resignation of the
Director of the Maintenance Division, the Assistant
Director (A) of the Maintenance Division shall assume
the responsibilities of the Director of the Maintenance
Division.
(e) In the event of illness, death or resignation of the
Director of the Support Services Division, the Support
Services National Business Agent shall assume the
responsibilities of the Director of the Support Services
Division. In the Support Services Division, the Director
shall fill the NBA vacancy.
(f) In the event of illness, death or resignation of the
Director of the Clerk Division, Assistant Director (A) of
the Clerk Division shall assume the responsibilities of
the Director of the Clerk Division.
ARTICLE 22
Amendments
SEC. 1. This Constitution may be amended by two-
thirds (2/3) vote of the delegates present and voting at
a National Convention or by a majority vote of those
voting by referendum.
Amendments approved at National Conventions
become effective immediately following adjournment of
the convention unless otherwise specified. Amendments
approved by referendum become effective immediately
following announcement of the official vote unless
otherwise specified.
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SEC. 2. The National Executive Board shall have
authority between conventions to amend this Constitution
and Bylaws as necessary to remove any conflict between
its provisions and those of any applicable federal or state
law.
The Board is also empowered to modify such provisions
as necessary to conform to amendments adopted at
National Conventions.
ARTICLE 23
Strike Sanction
SEC. 1. REQUEST FOR STRIKE SANCTION.
Whenever a local union contemplates the possibility of
a strike, the local union officers shall promptly so advise
the office of the national President and request counsel
and/or assistance of the national Union.
SEC. 2. NATIONAL APPROVAL FOR STRIKE
SANCTION. A strike sanction request by a local union
shall be sent to the national Secretary-Treasurer and must
first be authorized by a majority vote of the affected
members of the local union in good standing and voting.
The request shall set forth the issues in writing, including
such information as may be pertinent and required by the
local executive board.
(a) The national Secretary-Treasurer shall forward such
requests, if in order, to the National Executive Board for
consideration.
(b) The decision of the National Executive Board shall
be forwarded to the local union by the national Secretary-
Treasurer.
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Strike sanctions granted by the National Executive
Board shall be for a one hundred twenty (120) day period.
No strike may be called thereafter without a renewal for
the strike sanction by the National Executive Board.
(c) No local union shall call a strike without the
approval of the national President and strike sanction
having been granted by the National Executive Board.
SEC. 3. LOCAL PROCEDURE FOR STRIKE
APPROVAL.
(a) When a strike has been authorized by the national
President, no strike shall occur until the following
procedures have been complied with:
A two-thirds (2/3) favorable vote cast by secret ballot
by members in good standing and voting in the unit
affected.
Approval by the local union or as their own constitution
and bylaws might otherwise provide.
A local union shall not be entitled to national Union
strike benefits unless it has complied with these
requirements.
(b) No local union or group shall solicit any funds in
support of a strike or lockout without prior approval of
the National Executive Board.
(c) Any picket line of any local union approved by the
national Union will be honored by and receive the full
support of all locals and members of the APWU to the
extent possible under the law.
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BYLAWS
ARTICLE 1
Convention Order of Business
SEC. 1.
1. Roll Call of Officers
2. Report of Committee on Credentials
3. Roll Call of Delegates
4. Report of Officers
5. Report of Finance Committee
6. Report of Special Committees
7. Unfinished Business
8. Reports of Standing Convention Committees
9. New Business
10. Adjournment
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ARTICLE 3
Rules of Order
SEC. 1. In the absence of other authority, the
deliberations of this Union shall be governed by Robert’s
Rules of Order.
ARTICLE 4
Amendments
SEC. 1. Amendments to these Bylaws may be made
in the same manner as prescribed for Amendments to the
Constitution.
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American Postal Workers Union, AFL-CIO
1300 L Street NW
Washington, DC 20005
(202) 842-4200
www.apwu.org