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Constitution & By-Laws
of the
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Southwest Coastal Area Local 917
American Postal Workers Union
--AFL-CIO-- |
as amended July 31, 2004 |
PREAMBLE and
BILL OF RIGHTS |
ARTICLES
1. Name
2. Purpose and Aim
3. Membership
4. Jurisdiction
5. Dues and Assessments
6. Delegates and Conventions
7. Officers
8. Duties of Officers
9. Appointees
10. Standing Committees
11. Elections
12. Meetings
13. Disbursements
14. Charges
15. Amendments
16. Election Appeals |
BY-LAWS |
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ARTICLE 1 - Name |
The name of this organization shall be the Southwest
Coastal Area Local, American Postal Workers Union,
AFL-CIO, hereinafter referred to as the Area Local. |
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ARTICLE 2 -
Purpose and Aim |
SEC. 1. The object of this Area Local shall be to
advance the interest of the Postal Service employees
regardless of sex, age, race, color, creed, religion,
political affiliation, or national origin: to unite the
postal workers into a bona fide labor union for their
social and economic advancement and their mutual
welfare; and to improve the efficiencies of the Postal
Service.
SEC. 2. The Area Local shall promote, protect, and
champion the legitimate struggles of postal workers
toward achieving economic well-being, human dignity on
the job, and their rights as workers and citizens. To
this end, the Area Local shall strive for the complete
elimination of political influence from the Postal
Service, and the establishment of seniority as the basis
for advancement and preference. |
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ARTICLE 3 - Membership |
SEC. 1. Eligibility: Any non-supervisory employee,
regardless of level or grade, within the jurisdictional
claim of this Area Local, is eligible for membership. No
person eligible under this section shall be denied
membership because of sex, race, creed, color, religion,
political affiliation or national origin.
SEC. 2. Application: A. The applicant will be furnished
a standard form 1187. This form will be completed and
signed by the applicant and returned to the Area Local
office.
B. Applicants wishing to be cash-paying members of this
Area Local must pay three (3) months dues in advance:
thereafter, dues will be accepted on a monthly,
quarterly, or annual basis.
SEC. 3. Federal classified employees may be accepted as
associate members for Health Plan participation only.
Article 3, Section 5 of the National Constitution shall
apply.
SEC. 4. Any member who is two (2) months arrears in dues
is no longer considered in good standing and shall be so
notified in writing. Any member of this Area Local who
becomes three (3) months arrears in payment of dues
shall be dropped from the rolls. A member dropped from
the rolls in the Area Local under this section may be
reinstated to the membership upon resubmission to the
Secretary-Treasurer of a new signed completed standard
form 1187, or its equivalent, or by the payment of one
(1) years dues in advance. The excuse provision of the
Article 3 Section 1 of the National APWU Constitution
shall apply.
SEC. 5. Honorary Membership: This Area Local shall have
the power to confer honorary membership. Such member
shall be known as honorary members, and the Area Local
shall be required to pay not less than National per
capita tax. No honorary member shall be eligible to hold
office or to be seated as a delegate at a convention,
nor shall he have the right to vote.
SEC. 6. Retention of Membership: Members of this Area
Local who retired from the Postal Service may maintain
full membership with all rights of such membership by
continuing to pay full dues.
SEC. 7. Any postal non-bargaining unit employee who has
the APWU Health Plan must pay full dues to the Area
Local including National per capita. |
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ARTICLE 4 -
Jurisdiction |
This Area Local claims jurisdiction over all employees
covered in the National Constitution and By-Laws of the
American Postal Workers Union, AFL-CIO. The geographical
claims under this article include those installations
currently comprising the Long Beach and Santa Ana,
California, Sectional Center Facilities. |
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ARTICLE 5 -
Dues and Assessments |
SEC. 1. The dues for this local shall be $22.69 per pay
period. All future dues are to be derived from Article
2, Section 2 of the National APWU Constitution. Any
assessments shall be reflected as an increase in dues
applicable to this local.
SEC. 2. This Area Local may assess dues of its members
by majority vote by secret ballot of the members in good
standing voting at a general or special membership
meeting after 15 days notice.
SEC. 3. A Convention Fund shall be established in a
special account at fifty cents (50¢) per member per
month for the exclusive purposes of sending delegates to
the California State APWU Convention and the National
APWU Convention. |
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ARTICLE
6 - Delegates and Conventions |
SEC. 1. By virtue of their positions, all General
Officers will be delegates to the California State APWU
and National APWU Conventions.
SEC. 2. In October immediately prior to the convention
year, the Executive Board shall report to the membership
at the regular meeting the number of additionally paid
delegates to be sent to conventions. Nominations and
election of delegates shall be conducted at the next
General Meeting. |
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ARTICLE 7 - Officers |
SEC. 1. The elected officers of this Area Local shall
be: President, Vice President, Secretary-Treasurer,
Clerk Division Director, Maintenance Division Director,
Motor Vehicle Division Director, and a Chief Steward
from each member installation. For representational
purposes, the Santa Ana GMF (or whatever its name in the
future) and the North and South County GMF's (or
whatever their names in the future) shall each be
considered an installation from the city in which they
are located and are entitled to a Chief Steward for that
particular facility.
SEC. 2. The aforementioned officers shall constitute the
Executive Board of this Area Local.
SEC. 3. The temporary succession of officers shall be:
Vice President, Secretary-Treasurer, Clerk Division
Director, Maintenance Division Director, and Motor
Vehicle Division Director. Including the President,
these officers constitute the General Officers. |
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ARTICLE 8 -
Duties of Officers |
SEC. 1. The President shall preside at all stated and
special meetings of the general membership and all
meetings of the Board. He shall appoint all committees,
and shall be a member of all committees. He shall
appoint all members to fill elective offices with the
approval of the Executive Board until time as an
election can be held in accordance with Article 11 of
this constitution. He shall appoint all members to the
position of steward in member installations after
consultation with the Chief Steward of respective
installation.
He shall be responsible for all work of the Area Local,
and all officers of the Area Local shall work under his
supervision. The President, subject to review by the
Executive Board, shall have the authority to request
members of this local to perform duties for the Local in
a pay status payable in accordance with the provisions
of Article 13 of this constitution with all other
benefits being compensated the same as the President. He
may hire and separate office help when needed by this
Area Local. He shall have the authority to authorize all
necessary and reasonable expenses needed for the
administration of the local.
He or his designee shall be responsible for all
submissions of grievances to Step 2 and Step 3 of the
grievance procedure.
The President of this Area Local
shall work full time and be compensated at a rate of
Level 11 step P of the US Postal Service pay scale plus
17%. In addition, the President shall be compensated for
the employers and employees share of benefits, including
cost of living as now paid to postal employees, and any
increase which may he granted later and including annual
and sick leave benefits at a rate equal to that which
would have been provided had he been in a normal duty
status.
Thrift Savings Plan (TSP). Full-time officers of the
Southwest Coastal Area Local enrolled in FERS who
participate in the Thrift Savings Plan as Postal
employees, may continue to do so as union officers. The
responsibility of the employer (USPS) is shifted to the
Southwest Coastal Area Local, therefore, the Local
will contribute one percent of the salary that each
full-time FERS-enrolled officer would be earning if he
or she was still working for the Postal Service. The
Southwest Coastal Area Local will also pay TSP a one
hundred percent matching contribution of up to three
percent of the officer’s postal salary (not the salary
being paid to the officer by the APWU Local). The
Local will pay into TSP an additional fifty
percent matching contribution of up to an additional two
percent of his or her salary. When a full-time union
officer wishes to change the amount deducted from his or
her paycheck, and have the Local make the
employer’s corresponding matching contribution, the
officer must himself or herself make these changes
through the Postal Service. (Required by NED Resolution
of November 2003)
On the anniversary date of the President’s installation,
the maximum amount of annual leave and sick leave that
may be carried over to the next year shall be Four
Hundred Forty (440) hours each. Any annual and sick
leave in excess of Four Hundred Forty (440) shall be
paid at the current rate of pay. Any future contractual
increases in leave carry over will be automatically
included in this Constitution.
SEC. 2. The Vice President shall work under the
direction of the President. The Vice President will
preside over Special Meetings, General Meetings, and
Executive Board Meetings if the President is absent.
SEC. 3. The Secretary-Treasurer shall keep a complete
and correct record of the proceedings of this Area
Local. He shall perform such duties as may be assigned
by the President. He shall be required to produce at all
meetings the minutes of past meetings for the purpose of
ready reference, and an up-to-date copy of the
Constitution and By-Laws.
The Secretary-Treasurer shall call a meeting of the
Executive Board within ten (10) days after notification
that the absence of the President will be of a permanent
nature: the purpose of the meeting being to take
necessary action to elect a new President: this election
will be conducted in the following manner:
(A) Nominations and elections at this Special Executive
Board Meeting.
(B) A two-thirds (2/3) majority vote of the Executive
Board present shall prevail in the selection. Where
there are more than two candidates for the position of
President, the candidate receiving the lowest vote will
not be eligible for the next ballot. The new President
will assume the duties of the office at the close of
this meeting.
The Secretary-Treasurer shall establish and maintain a
proper accounting system that will reflect the financial
standing of the Area Local, and will furnish a statement
of income and expenditures for the month just past at
each meeting. The Secretary-Treasurer will collect all
monies due this Area Local, and is responsible for all
disbursements. The Secretary-Treasurer shall prepare
such forms and make such reports to the American Postal
Workers Union, AFL-CIO, at the National and State levels
as may be requested and will prepare such forms and
reports for the United States Department of Labor and
the Internal Revenue Service or any other governmental
agency or department as may be required by law. The
Secretary-Treasurer will perform such other duties
consistent with the offices as may be directed by the
President.
SEC. 4. The Division Directors shall assist in
processing all grievances within their crafts. They
shall be responsible for organizing the membership
within their craft. They shall also perform such other
duties as may be assigned them by the President.
SEC. 5. The Chief Stewards shall:
(A) Recommend to the President, members from their
respective installations to be appointed to the position
of steward and alternate steward, according to the
apportionment specified in the National Agreement.
(B) Recommend to the President, members to be appointed
to fill any vacancies in the steward positions.
(C) Represent the Area Local in their respective
installations in the absence of the President.
(D) Enforce the National and Local Agreements in their
respective installations,
SEC. 6. The Executive Board, of which the President
shall be Chairperson, shall determine the place and time
of Executive Board meetings. The Executive Board shall
make or authorize to be made all contracts, or
expenditures of this Area Local, subject to review of
the general membership. The Executive Board shall
receive all petitions not otherwise provided for in this
constitution, and will conduct all business for the
proper management of the Area Local. |
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ARTICLE 9 - Appointees |
SEC. 1. Trustees: The Trustees shall be considered the
“Watchdogs” of this Area Local. They shall review audits
of financial records of this Area Local during the month
of July, and will make a report of the audit to the
general membership at the July Meeting. All official
audits of this Area Local shall be done by a certified
public accountant. Review of audits shall be made only
with a majority of the trustees present; all must be
notified of such review in advance.
They shall check and ascertain that all laws and
regulations of the Department of Labor, Landrum-Griffin
Law, and the Taft-Hartley Law are being complied with in
the Area Local, and shall perform such other duties that
may be required of them by the President.
The trustees shall be appointed by the President, with
the approval of the Executive Board, There shall be a
minimum of five (5). The term of office for the trustees
shall begin on the first Monday after the July General
Meeting and end on the first Sunday after the July
General Meeting in each year that a local general
election is held.
SEC. 2. A Director of Human Relations shall be
responsible to set up and promote programs in the area
of EEO, consumerism, retirement, social and economic
fields which affect the membership.
SEC. 3. Legislative Director: The Legislative Director
will be responsible for keeping the President and the
Editor informed of legislation affecting the Area
Local’s membership politically, socially, and
economically, and to make recommendations on
legislation. He shall develop a legislative program and
present it to the Executive Board and to the membership
for their approval.
He will promote the legislative program of the Area
Local, State and National APWU before all public
officials and the general public.
SEC. 4. The Hospital Plan Representative shall be
responsible to the membership for answering questions
and providing material concerning the APWU Hospital
Plan. He must be a member of the APWU Hospital Plan.
SEC. 5. The Editor shall publish a news bulletin
periodically to inform the membership in this Area Local
of the progress, present problems and future programs of
the Area Local; and to inform the members of any
legislation which may be pertinent to the welfare of the
membership.
SEC. 6. The Safety Coordinator shall be responsible for
the implementation of all safety programs. |
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ARTICLE 10 -
Standing Committees |
SEC 1. The standing committees of this Area Local shall
be the Budget Committee, the Constitution Committee, the
Grievance Committee, and the Steward Training Committee.
Each standing committee shall have a minimum of five (5)
members, including the President. All committee members
shall be appointed by and serve at the pleasure of the
President.
SEC. 2. The Budget Committee shall meet in January and
project a yearly budget. They shall further meet at
least quarterly to update this budget. They shall report
to the Executive Board and to the general membership.
SEC. 3. The Constitution Committee shall meet when
necessary in order to analyze the existing constitution,
and propose the Executive Board any revisions or
amendments necessary to comply with labor laws and the
State and/or National APWU Constitution. They shall be
responsible for seeing that all approved amendments to
this constitution are published in the Area Local’s
publication.
Beginning in 1976, it will be the duty of the
Constitution Committee to publish the constitution and
furnish a copy to each member in good standing
hi-annually. |
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ARTICLE 11 - Elections |
SEC. 1. The Election Committee: The President at the
regularly scheduled meeting in February 1981, and every
three years thereafter, shall appoint an election
committee No member of this committee can be a candidate
for office in this Area Local. Members of this committee
shall remain in force from the date of appointment until
thirty (30) days after the results of the election are
announced. All just expenses incurred by the committee
in the proper discharge of its duties shall be borne by
the Area Local upon approval of the Executive Board.
Nominations from the floor will be accepted at this
meeting and closed at this meeting. All nominations must
be accepted verbally or in writing prior to the close of
the February General Meeting
SEC. 2. The President, under the supervision of the
Election Committee, shall select a recognized outside
balloting association that will be responsible for the
preparation, mailing, and tallying of the ballots.
SEC. 3. The Election shall occur during a seventeen (17)
day period in March of each election year. Ballots will
be counted the last Thursday in March with the new
officers assuming office the following Monday.
SEC. 4 Requirements for holding office in this Area
Local:
(A) Unless otherwise prohibited by this Constitution or
by Federal Law, any member in good standing may seek
office in this Area Local.
(B) Any postal employee eligible to be a member of the
American Postal Workers Union who voluntarily holds a
managerial, supervisory or EAS position with
responsibility for issuing or recommending discipline,
or applying or interpreting the National Agreement for
the equivalent of one pay period in a year shall be
ineligible to hold office in the Area Local or to be a
delegate to any convention held by the APWU or any
subordinate body of the APWU, so long as the employee
continues to serve in such position and for a period of
one (1) year from the time the employee vacates such
position.
Any postal employee as listed above who has submitted
application for the listed positions shall withdraw such
application prior to acceptance or nomination for any
office in the APWU.
(C) Candidates for Division Director positions must be
members of the craft they seek to represent, and they
must be nominated and elected only by members of their
specific craft.
(D) Candidates for Chief Steward must be employed in the
office they wish to represent and may only be nominated
and elected by members of that specific installation.
(E) In order to be nominated for office in this Area
Local, a candidate must have been a member in good
standing n the American Postal Workers Union for a
period of at least one (1) year immediately prior to
nomination.
(F) President, Vice President or any fully paid officer
of the local may not hold nor run for another elected
office in the Southwest Coastal Area Local.
SEC. 5. The term of office shall be three (3) years.
SEC. 6. The newly elected Executive Board shall
be installed and seated in April.
SEC. 7. No member holding an elective office in another
Postal Union outside of the American Postal Workers
Union’s jurisdiction is eligible for office in this Area
Local. |
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ARTICLE 12 - Meetings |
SEC. 1. The regular business meeting of this Area Local
shall be the General Meeting. During non-local election
years, the General Meeting shall be held during the
months of January, April, July and October. During
election years, the General Meeting will be held during
the months of February, April. July and October. If the
conventions and election occur in the same year, the
General Meeting will be held January, February, July and
October.
SEC. 2. (A) At any regular meeting, fifteen (15) members
in good standing representing not less than three (3)
installations and five (5) members of the Executive
Board shall constitute a quorum.
(B) In the event that no quorum is present, the
Executive Board will be empowered to conduct all
business of this Area Local.
SEC. 3. A special or extra meeting may be called by the
President, or upon written request to the President, by
not less than three (3) Chief Stewards from individual
installations. Notice of special meetings shall be
posted in all member installations, at least three (3)
days prior to the meeting. At special and/or extra
meetings, only that business for which the meeting was
called may be discussed.
SEC. 4. The Chief Stewards of
all member installations are authorized and encouraged
to conduct regularly scheduled meetings of the members
of their respective installations. The date and time of
these meetings will be decided by the installation
members concerned.
SEC. 5. The Executive Board will be required to hold a
meeting at least once each quarter prior to the General
Meeting. |
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ARTICLE 13 -
Disbursements |
SEC. 1. (A) The Editor is authorized necessary expenses
incurred in the publication of the Area Local paper with
the approval of the President.
(B) The Executive Board is authorized to rent or lease
and maintain appropriate offices, the rental or lease
fee to be consistent with the fees of the other office
space in the immediate area.
SEC. 2. Members working full time for the Area Local
shall be compensated at a salary based on USPS pay scale
of PS 11-step P plus 10%. All other benefits will be
compensated the same as the President.
SEC. 3. Members of this Area Local not on a regular
salary status with the Local, when requested by the
President to perform duties for this Local, shall be
compensated at a rate equal to that of his current pay
status on the US Postal Service pay scale. This does not
apply on a member’s regularly scheduled day off.
SEC. 4. Necessary travel will be reimbursed at the rate
allowed by the Internal Revenue Service, or conveyance
in kind may be furnished when deemed necessary.
SEC. 5. (A) Any fully paid delegate of this Area Local
to conventions and other union assemblies shall be paid
for cost of travel to be reimbursed at the rate allowed
by the Internal Revenue Service for private conveyance,
or all cost of commercial conveyance whichever is
cheaper, all lodging, and all registration fees. The
amount for meals shall be determined by the general
membership, not to exceed the amount allowed by the
Internal Revenue Service. He shall be paid that money
which he would have received had he been in a normal
duty status.
(B) Partially paid delegates to conventions and to other
union assemblies shall be permitted under this
constitution. The amount of such funding is to be
decided upon by the general membership at a regular or
special meeting.
(C) Non-paid delegates shall be permitted under this
constitution with the number being determined by the
general membership at a regular or special meeting. |
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ARTICLE 14 - Charges |
Refer to Article 15 of the National APWU Constitution
and Bylaws as amended August 16, 2002. |
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ARTICLE 15 -
Amendments |
SEC. 1. Any propositions to repeal, annul, or alter any
section or article of this Constitution must be
submitted to the Secretary-Treasurer in writing. Such
proposed amendments shall have affixed thereto the
signatures of at least ten (10) members in good standing
in addition to the sponsor of the proposed amendment.
The submitted proposal shall cite the article and
section numbers to be amended, followed by the proposed
change, and by the full text of the section or sections
as it or they would read upon adoption of the proposed
amendment. The Secretary-Treasurer shall read same at
the current regular meeting. Debate shall be opened at
this time and any proposed changes to the amendment
shall be in order.
SEC. 2. Prior to the next general meeting, the proposed
amendment shall be publicized by posted notices and in
the Area Local publication.
SEC. 3. At the next general meeting following the
introduction of the proposed amendment, the
Secretary-Treasurer will again read the proposed
amendment. It will be discussed. If any further changes
are passed, the amendment as changed will be reposted as
per section 2. No further changes will be accepted.
SEC. 4. It shall require two-thirds (2/3) majority vote
of the members present and voting to secure adoption of
any proposed amendment, except as may be otherwise
provided in this Constitution.
SEC. 5. Proposed amendments containing the same subject
matter as previously defeated amendments shall not be
presented again for a six (6) month period from the date
of the defeat of the originally proposed amendment. |
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ARTICLE 16 -
Election Appeals |
SEC. 1. The Election Committee shall be responsible for
the conduct of Area Local elections, and shall decide
all controversies arising out of the election process.
Any member who feels aggrieved in connection with the
conduct of an election shall file his grievance with the
Election Committee within seventy-two (72) hours after
his 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;
shall be in writing; shall set forth all relevant facts
on which the appeal is based; and shall be filed with
the National Election Appeals Committee within five (5)
days from the decision appealed from.
SEC. 2. Officers declared elected through applicable
procedures of the Area Local shall assume and hold
office pending final determination under the appeals
procedure provided in Article 21 of the National
Constitution. |
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