CONSTITUTION
and
BY-LAWS
of the
AMERICAN
POSTAL
WORKERS
Affiliated with
the AFL-CIO
As Amended
October 2009
And
Effective
January 1, 2010
Revision History
1.
Oct. 20, 1999 a. Established the authority of the Executive
Board as the governing body between meetings in Article V, Section 1.
b.
Allows the
President to appoint Committee Members between meetings in Article V, Section
2.
c.
Expansion of
positions appointed by the Executive Board and salary parity of all appointed
positions in Article V, Section 10.
2.
Mar. 17, 1999 a. Inserted procedure for breaking ties for
elections in
Article IV, Section 4.
b.
Deleted
delegate to Iowa Federation of Labor conventions in Article IV, Section 6.
c.
Amended
criteria for requesting credit for attendance at regular meetings for Officers
and Stewards, in Article IV, Section 8.
d.
Limited
automatic pay raises for Officers and Stewards in Article V, Section 13.
e.
Defined
procedures and established limitations on amendments to the constitution.
f.
Entered
correct salary amounts in Article V.
3.
Oct. 3, 1998 Eliminated
the positions of Site Coordinators.
4.
Sep. 16, 1998 Deleted all references
to Special Delivery Craft as a result of the merger into the Clerk Craft at the
national level.
5.
Jan. 3, 1998 Article
V, Section 14 (deleted) Eliminated Roll Call during Good and Welfare.
6.
Dec. 6, 1997 Article
V, Section 14-Deleted $100.00 Bonus for Officers and Stewards attending 12
meetings per year.
7. Nov. 1, 1997 Article V, Section 11d-Divided OWCP Rep salary between the total number of OWCP Reps.
8. May 21, 1997 a. Article V, Section 9-Created Title of Chief Trustee.
b. Article VI-Added Section 4, Order of succession for presiding at meetings.
9. Mar. 19, 1997 a. Article IV, Section 2-Changed meetings for Nominations
of Officers beginning in 1999.
b. Article V-Moved Legislative Duties from Vice President to Editor.
c. Article VI, Section 1-Eliminated Wednesday meeting in December.
10. Oct. 5, 1996 Article VI, Section 3-Changed time of Wednesday meetings from 7:30 PM to 7:00 PM.
11. Aug. 5, 1995 a. Article V, Section 2a-Authorized transfer of funds from Contingency account to cover Full Time President’s salary.
b. Added Articles XII and XIII-Liability and Indemnification of Officers.
12. May 15, 1995 a. Article III, Section 4-Reduced dues for Part Time Regulars.
b. Article V, Section 11-Added position of Injury Comp Specialist (OWCP Rep).
13. Mar. 4, 1995 Major re-write of Article V, including establishment of Full Time President, and changed language in Rules Governing Debate.
14. Aug. 6, 1994 Article III, Section 4-Reduced dues for Transitional Employees.
15. Apr. 20, 1994 Article V, Section 14-Awarded credit for meetings with denied LWOP.
16. March 1993 Last issue sent to printer for publication.
17. Oct. 2001 Article III redefined eligibility for membership
18. Oct. 2001 Article IV, Section 1; Article V, Sections 1 and 8 added Support Service Craft Director to Constitution
19. Oct. 2001 Article IV, Section 6.a corrected reference to Art IV.
20. Oct. 2001 Article IV, Section 2 changed nominations to one meeting
21. Oct. 2001 Article IV, Section 3 removed requirement to be at nominating meeting
22. Oct. 2001 Article IV, Section 6 changed nomination of delegates to single nomination meeting
23. Oct. 2001 Article IV, Section 7 removed reference to PASS program
24. Oct. 2003 Article III, Section 5, b. inserted strike and lockout.
25. Oct. 2003 Article IV, Section 4, Election by mail only.
26. Oct. 2003 Article IV, Section 6, changed delegates at large determination day.
27. Oct. 2004 Article XIV New Article adopting the APWU 401(k) program.
28. Oct. 2004 Article VIII, Strike old language and go to Nat. Article XIV and XV.
29. Oct. 2004 Article X, Allow amendment to prior to January 1.
30. Oct. 2004 By Laws Article II, Change quorum definition to 11 members.
31. Oct. 2004 Article V, Allow Ex Bd. to expend up to $10,000 up from $1,500.
32. Oct. 2004 Article V, Section 12, Strike entire section and renumber.
33. Oct. 2005 Article XV, Strike Board New Article
34. Oct. 2006 Article V, Section 2, 1,200 dues paying members change.
35. Oct. 2006 Article
VI, Remove Saturday in January meeting, and allow a meeting to be suspended by
majority vote at one meeting.
36. Oct. 2006 Article
V, Salaries corrected as of January 2007.
37. Sep. 2007 Article
V, insert (and remove) after shall appoint.
38. Sep. 2007 Article
VII, Insert New Section 2.
39. Sep. 2007 Article
V, Salaries corrected as of January 2008.
40. Oct. 2008 Article
IV, Replace Section 8 Attendance at meetings
41. Oct. 2008 Article
V, Section 13, Attendance requirement for salary.
42. Oct. 2008 Article
XI, Expenses for National Convention.
43. Oct. 2009 Article
IV, Section 2 Terms of office.
44. Oct. 2009 Article
V, Section 3 VP to assume Presidency.
45. Oct. 2009 Article
V, Section 1 E. Board able to call special elections.
46. Oct. 2009 Article
IV, Section 8 Change meeting attendance requirements.
47. Oct. 2009 Article
X Change September 1 to Wednesday meeting.
ARTICLE
NO. SUBJECT PAGE
Article
I Title ....................................................................... 5
Article
II Objectives
..................................................................... 5
Article
III Membership
and dues.................................................. 6
Article
IV Officers
and Delegates, their Election
and
Qualifications.......................................................... 7
Article
V Duties
of Officers and Compensation......................... 9
Article
VI Meetings ................................................................... 14
Article
VII Criticism
Prohibited.................................................... 14
Article
VIII Recall .................................................................... 14
Article
IX Inspection
of Records................................................. 15
Article
X Constitution
Amendments.......................................... 15
Article
XI Conventions................................................................. 16
Article
XII Personal
Liability of Officers ................................. 16
Article
XIII Indemnification
of Officers ................................. 16
Article
XV Strike
Board................................................................ 17......
BY-LAWS
Article
I Order
of Business....................................................... 17
Article
II Quorum .................................................................... 18
Article
III Rules
of Order............................................................. 18
Article
IV Amendments............................................................... 18
Article
V Rules
Governing Debate............................................ 18
Article
VI Motions .................................................................... 18
Article
VII Privileged
Questions.................................................. 20
CONSTITUTION
ARTICLE I
Title
The
name of this organization shall be the
ARTICLE II
Objectives
Section
1. It shall be the objective of the DMI Area Local APWU to secure through collective
bargaining and legislative effort a better standard of living for the members
of the DMI Area Local APWU and their families. (1988)
Section
2. The DMI Area Local APWU affirms its belief in a single union of all postal
workers in non-supervisory levels.
The DMI Area Local 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 DMI Area Local
APWU philosophy. (1988)
Section
3. The DMI Area Local APWU will vigorously oppose any labor unions outside the
Postal Service moving into the Postal Service union field. (1988)
Section
4. The DMI Area Local APWU will continue to organize the unorganized. (1988)
Section
5. To unite within one organization, regardless of race, color, creed, sex,
sexual orientation, nationality, handicap, political affiliation, age or
religion, all employees under the jurisdiction of the DMI Area Local APWU.
(1993)
Section
6. To educate our membership in the history of the Labor Movement and to
develop and maintain an intelligent and dignified membership; to vote and work
for the election of candidates who favor the passage of improved legislation in
the interest of all labor. To work
for the repeal of laws which are unjust to labor and to the Postal Workers such
as the denial of the right to strike and 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. (1980)
Section
7. To engage in legislative, political education, civic welfare and other
activities which further, directly or indirectly, the joint interest of the
members of the DMI Area Local APWU in the improvement of general economic and
social conditions in the
Section
8. To work as an autonomous union affiliated with the American Federation of
Labor-Congress of Industrial Organizations (AFL-CIO), together with other local
and state unions for the solidification of the entire Labor Movement and to
have the same rights and benefits, which include the right to strike. (1980)
Section
9. To support, affiliate with and participate in the activities of all related
organizations such as State Federations, Local Central Body, AFL-CIO, and Iowa
Federation of Labor, as directed by the DMI Area Local APWU membership. (1980)
ARTICLE III
Membership and Dues
Section 1. Any person within the jurisdictional claim of the DMI Area Local APWU employed in a non-supervisory position is eligible for active membership. No person eligible under the above provision, shall be denied membership because of their race, color, creed, sex, sexual orientation, nationality, handicap, political affiliation, age or religion. (2001)
Section
2. Application for membership in the DMI Area Local APWU shall be made by the
submission of the appropriate dues withholding form to the Recording Secretary
for presentation to the DMI Area Local APWU. A majority vote of those present and
voting shall be sufficient to accept the applicant into membership. No member currently paying dues by cash
shall lose his/her rights or membership because of this article. If such member becomes delinquent in
dues and is suspended, then he/she must comply with this article for
reinstatement to membership. Any
person may become a member in good standing and remain a member in good
standing by remitting upon application and continuing to pay six months or more
dues by advance payment. (1988)
Section 3. There
shall be four (4) categories of members in this local: Active, Associate,
Retired and Honorary. (1980)
a. Active
membership (voting member) shall be any person employed in a non-supervisory
position under the union's jurisdiction. (1980)
b. Associate
membership shall be federal classified employees or employees in supervisory
positions. (1980)
c. Retired
membership shall be retired employees. (1980)
d. Honorary
membership shall be any person nominated and accepted to honorary membership by
the DMI Area Local APWU. (1980)
e. Associate,
Retired and Honorary members shall not be eligible to vote, hold office or
represent this local as delegates. (1980)
f. Any
member leaving the Postal Service because of union activity with organizations
to whom DMI Area Local APWU pays per-capita tax shall be considered an active
member upon receipt of full dues. (1980)
Section
4. Amount of Dues.
a. Active members shall pay 100%
of the dues set by DMI Area Local APWU, except those active members classified
PS- 1 through PS-3, part-time regulars (PTR’s) (May 15,1995) and all
Transitional Employees until there is pay equity with career employees (August
6, 1994) shall pay 75%, including
those active members retired from the Postal Service. This amount shall include 100% National
per capita tax. (1980)
b.
Associate
members shall pay $35.00 per annum directly to the National Headquarters for
Health Plan participation only, $5.00 of which shall be rebated to the DMI Area
Local APWU. (1993)
c.
Retired
members who wish to retain active status will pay dues at the same rate as PS-
I through PS-3, payable monthly. (1988)
d.
Honorary
members shall pay no dues. (1980)
e.
Bi-weekly
dues shall be changed only by majority vote of the members present at two (2)
consecutive regular meetings. (1980)
Section
5. Collection of Dues.
a.
Dues shall be due and payable at the end of each bi-weekly
pay period. (1988)
b.
A member's good
standing status shall not be affected by reason of the fact that his/her
paycheck for the payroll period in which his/her dues deductions are made is
insufficient to permit such dues deductions, by reason of illness, injury,
pregnancy leave, lay-off, strike,
lockout, or disciplinary suspension.
(1993)
c.
Increase shall be in accordance with the National
Constitution, Article 11, Section 2. (1980)
d.
Special Assessments shall be imposed with the recommendation
and approval of the DMI Area Local APWU Executive Board who shall then post the
proposition for fifteen (15) days and then call a Special Meeting of the
general membership for a two-thirds (2/3) approval with the vote to be held by
secret ballot. No assessment shall
run for more than six (6) months from the time it is assessed. (1980)
ARTICLE IV
Officers and Delegates:
Their Election and Qualifications
Section
1. Officers of the Local shall consist of a President, Vice-President
Financial-Secretary-Treasurer, Recording Secretary, Editor, Sergeant-At-Arms, a
Board of Trustees consisting of three (3) members, Director Clerk Craft Division,
Director Maintenance Craft Division, Director Motor Vehicle Craft Division, and Support Services Craft
Division. All the above shall be
voting members of the Executive Board of the DMI Area Local APWU. (2001)
Section
2. The nomination meeting of this local will be the Saturday meeting in March
of each election year. All
candidates for elected office and elected delegates shall be nominated for a
two (2) year term. The election
shall be completed not less than twenty-one (21) days succeeding the nomination
meeting. The outgoing officers
shall relinquish their office upon
official posting of the winning candidates by the Election Committee. (2001)
Section
3. No nominated member may be a candidate for more than one elective office in
this union. (2001)
Section
4. Election shall be by secret ballot conducted by mail. No members shall vote
by proxy. (1980) In the event of a tie vote, candidates for the office in
question shall draw a card from a poker deck with the jokers removed. The
candidate drawing the highest card shall be declared the winner. (March 17,
1999)
Section
5. All officers shall be elected by the general membership except Craft
Directors, who shall be elected only by their respective crafts. (1980)
Section
6. Delegates to all conventions shall be nominated at the nomination meeting of the local. The President, by virtue of his/her
office, shall attend all conventions including craft conventions as a
delegate. The Editor, by virtue of
his/her office, shall attend all conventions specified in Art 24.2 of the
National Collective Bargaining Agreement as a delegate. The Craft Directors by virtue of their
office shall attend the Iowa State Postal Workers Union Convention and the
National American Postal Workers Union Convention as a delegate. These automatic delegates will be noted
on the ballot. The number of
delegates at large to be decided at the meeting prior to the nomination meeting. (2003)
a.
Any member in good standing and fulfilling the requirements
stipulated in Art IV, Section 7, shall be eligible for nomination and election
as delegate to the
b.
Only a member of the respective craft shall be eligible for
nomination and election as a delegate to Craft Conventions. (1980)
c.
Alternate delegates shall be nominated and elected from each
craft to attend State and National Conventions in absence of elected Craft
Directors. In the event that an
elected delegate at large cannot attend the convention the member receiving the
next highest number of votes shall be designated as the alternate delegate.
(1980)
Section 7. Any Local Officer making application, in
writing, for a position of management shall within ten (10) days of that
application resign his/her position with the APWU. If such resignation is not forthcoming,
the Local Executive Board shall, upon conclusive evidence, declare said office
vacant and appoint a successor. (1993)
a. Any postal employee eligible to be a member of the DMI Area
Local APWU 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 at any level of the DM I Area Local
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.
(1993)
b. Any postal employee who has submitted an application to a
managerial, supervisory, or EAS position with responsibility for issuing or
recommending discipline or for applying or interpreting the National or Local
Agreement shall withdraw such application prior to acceptance of nomination for
any office in the DMI Area Local
APWU. (1993)
c. Any postal employee who shall voluntarily, after August 31,
1984, holds, accepts or applies for any managerial or supervisory position, or EAS position, for any period of time,
whether one day or a fraction thereof, either detailed, acting, probationary or
permanently, shall immediately vacate any position (March 4, 1996) held by that
member in the national, local, area local, district council, state or regional
organization, any department of the APWU, the Postal Press Association, or any
subordinate body of the APWU which received financial support or uses the name
of the American Postal Workers Union. (1993)
Section
8. Any member who is absent from a regular meeting for reasons of sickness,
Military duty, emergencies, formal postal training or on authorized union
business during the hours of the regular meeting, upon written application to
the Recording Secretary before the next meeting, shall be credited with being
in attendance, subject to the majority vote of the members present at the next
regular meeting following the absence.
Private sector
members whose bid or DOT sleep period coincides with regular meeting hours
shall be credited with attendance.
Any member outside a 100 mile radius of
ARTICLE V
Duties of Officers and Compensation
Section
1. The President, Vice-President, Financial Secretary-Treasurer, Recording
Secretary, Editor, Sergeant-At-Arms, Board of Trustees, Director Clerk Craft
Division, Director Maintenance Craft Division, Director Motor Vehicle Craft
Division, and Director Support Services Craft Division shall constitute the
voting members of the Executive Board of the DMI Area Local APWU. (2001) The Executive Board shall be the highest
governing body of the DMI Area Local between meetings and shall meet at least
monthly and/or at the call of the President. The Executive Board shall have
charge of all Union affairs during the interim between meetings of this local.
(October 20, 1999) The Executive
Board shall have the authority to approve expenditures up to $10,000, when
necessary, with full reporting at the next regular membership meeting.
(2004) If necessary, the Executive Board shall have the authority to call
special elections to fill vacant offices.
Section
2. It shall be the duty of the President to have charge of the general welfare
of the Local, and to promote its interests in such ways as seem to him/her
advisable, or as he/she may be directed by the Local. He/she shall preside at
all meetings of the local (General and Craft) and of the Executive Board.
He/she shall have charge of the access to all papers, records, documents and
electronic equipment of the local. He/she shall appoint all stewards after
consulting Executive Board as to their recommendations for appointment. He/she
shall appoint all committees with full reporting at the next meeting. (October
20, 1999) He/she shall be a member
of all committees. He/she shall fill all vacancies from any cause whatsoever
until such vacancy is filled by election. He/she shall countersign all checks
drawn on the treasury by the Financial Secretary Treasurer. He/she shall have
the authority to approve an expenditure up to $500.00 when necessary, with full
reporting at the next regular membership meeting.
He/she shall assume
office if voted full time, part time or half-time within thirty (30) days after
results electing him/her to full time, part time or half time, or as soon as
all arrangements can be made to assume such duties. The President shall be full
time, part time or half time when voted by a majority of the members by a
referendum vote or a special meeting called by 20% of the active members for
that purpose. He/she may be voted from full time, part time or half time by a
majority of the members or a referendum vote called for that purpose.
a.
The salary for the President, if he/she is to be a full time
officer, shall be established at a special meeting called for that purpose and
shall be passed by a majority of those present and voting. (March 4, 1995) The salary of the President
normally will be paid from the General Operating Fund (Checking); however, if
the financial need arises, this position may be funded from Contingency Fund
with the approval of the Financial Secretary and the President with full
reporting at the next Regular Meeting. (added August 5, 1995)
b.
The President, if not full time, shall be paid the yearly
salary of $4,858.00, to be paid quarterly.
c.
The President, if full time, shall be in a leave without pay
status from the USPS. This position shall be salaried, based on 40 hours per
week, Monday through Friday. Said salary shall be equal to Level 10 RC plus
15%). In addition, all cola and contract pay increases shall be automatically
granted at this same rate. Any and all benefits normally paid by the USPS shall
be assumed by the DMI Area Local. All Leave will be credited as annual leave
and advanced at the beginning of each yearly anniversary. On the yearly
anniversary of the President’s installation, the maximum amount of leave
that may be carried over to the next year shall be 600 hours. Any leave in
excess of 600 hours shall be paid at the current rate of pay. Pay days and paid
holidays shall coincide with those of the USPS. In the event that the President
is unable to serve or is incapacitated for a period exceeding 30 days, the Vice
President shall assume his/her position. Travel to and from authorized
conventions will be limited to 1 day preceding and 1 day following said
conventions. The President will use the time clock when working at the local
union hall.
This
full time position shall be maintained until such time as the local membership
falls below 1,200 dues paying members for 3 consecutive months or until voted
otherwise per Article 5 Section 2. (March 4, 1995)
Section
3. The Vice President shall perform the duties of the President in the latter's
absence or disability, and shall assume
the office of President in the event of the death or resignation of the
President. He/she shall perform such other duties as the President may
direct. He/she shall serve as the Chief Steward for the local. He/she shall be
responsible for all stewards training.
He/she shall be responsible for the organizational activities of the
local. He/she shall work with all Craft Directors. He/she shall be responsible
for review of all Step 2 appeals prior to being discussed at Step 2. He/she
shall review all Step 3 appeals prior to them being sent to Step 3 when
possible. He/she shall assist the Craft Directors when necessary with all Step
2 discussions. He/she shall be an arbitration advocate for the Local when
necessary. The Vice President shall be paid the yearly salary of $2,241.00, to
be paid quarterly.
Section
4. The Financial-Secretary-Treasurer shall be the custodian of the funds assets
and financial records (March 4, 1995)
of the DMI Area Local APWU.
He/she shall countersign with the President all checks drawn on the
treasury. He/she shall have charge
of the collection of all dues of the local. He/she shall submit a detailed report of
the financial condition of the local, including a report of all LWOP paid and
all expenses incurred, at each regular meeting and at such other times as
directed by the membership or the Executive Board. He/she shall perform such other duties
as the President may direct. He/she
shall have the authority to issue checks for all normal operating expenses of
this local including but not limited to utilities, taxes, repairs and
maintenance, supplies, per capita taxes, payroll, insurance, postage, etc. The Financial Secretary Treasurer shall
be paid the yearly salary of $2,230.00, to be paid quarterly.
Section
5. The Recording Secretary shall keep a correct record of all members and
attendance of all meetings. He/she
shall keep an accurate record of the proceedings of all regular, special,
craft, and Executive Board meetings.
He/she shall notify the members of meetings of the local. It shall be his/her responsibility to
take care of the official correspondence, mailing list, and all mailings of the
Local. He/she shall perform such
other duties as the President may direct.
He/she shall make sure that all official minutes are properly recorded
and prepared for the next meeting. He/she shall make sure there are copies of
the previous regular and Executive Board meeting minutes available to the
members at the next regular meeting. He/she shall read the roll call of the
stewards at the regular meeting. He/she shall be responsible for the official
posting of all information on the bulletin boards. (March 4, 1995)The Recording
Secretary shall be paid the yearly salary of $783.00, to be paid quarterly.
Section
6. The Editor shall be in charge of the mailing and printing of the paper.
He/she shall be responsible for the maintenance and update of the official
mailing list. (March 4, 1995)
He/she shall be responsible for the legislative activities of the local.
(deleted from Art. V, Sect. 3, March 19,1997) He/she shall perform such other duties
as the President may direct. The
Editor of the DMI Area Local APWU paper shall be paid the yearly salary of
$1,325.00, to be paid quarterly.
Section
7. The Sergeant-At-Arms shall be responsible for preparing the local hall both before
and after all regular and special meetings. (March 4, 1995) The
Sergeant-At-Arms shall be stationed at the door during meetings to see that no
one but members in good standing are admitted without the consent of the local. He/she shall perform such other duties
as the President may direct. The
Sergeant-At-Arms shall be paid the yearly salary of $421.00, to be paid quarterly.
Section
8. The Craft Directors shall have charge of the welfare of their respective
crafts. They shall be members of
the Local Negotiating Team in regards to their respective crafts (includes
general welfare items). They shall
assist the Vice-President in stewards training programs and shall take an
active part in the regular monthly stewards meetings. The Craft Directors, with respect to
their own craft, shall be responsible for all step 2 discussions and their
appeals, with the assistance of the President, and Vice President. They shall be responsible for the maintenance and
update of the bids of their respective crafts, with the exception of the clerk
craft. (March 4, 1995) They shall
perform such other duties as the President may direct. The Clerk Craft Director shall be paid
the yearly salary of $1,588.00, to be
paid quarterly. The Maintenance
Craft Director, Motor Vehicle Craft
Director, and Support Services Craft
Director shall be paid the yearly salary of $1,414.00, to be paid quarterly.
Section
9. The Board of Trustees shall present an audit report at least once in each
six (6) months at the next regular meeting following the audit. The audit shall be conducted by the
Board of Trustees or by a private auditor as directed by the membership. The Board of Trustees shall keep a current
accurate record of all property of the local. They shall be responsible for the maintenance
of the hall rentals and rental property.
They shall make recommendations to the membership concerning the
foregoing and perform other duties as directed by the President. The Trustee receiving the most
votes will be considered the Chief Trustee, effective upon completion of the
current election. (May 21, 1997)
Each member of the Board of Trustees shall be paid a yearly salary of
$697.00, to be paid quarterly.
Section
10. The Executive Board shall appoint (and remove) all positions in this section. All appointees in this section
shall be paid a salary equal to that of a Steward. (October 20, 1999)
a. The APWU Health Plan Representative shall assist members
with their dealing with the APWU Health Plan. He/she shall perform such other duties
as the President may direct.
b. The Clerk Craft Bid Coordinator will be responsible for the
maintenance and update of clerk craft bid records, and shall perform such other
duties as the President may direct.
c. The Systems Administrator shall be responsible for the
maintenance and upkeep of the computer system, including weekly back-up, virus
check, purging old files, training, maintaining system software and hardware
documentation, password/security administration and troubleshooting/maintenance.
He/she shall perform such other duties as the President may direct. (March 4, 1995)
d. The Injury Compensation Specialist shall assist members with
the dealing with on-the-job injuries. (May 15, 1996)
e. The Director of Education shall be charged with the
responsibility of conducting educational programs as directed by the President.
(October 20, 1999)
f. The Director(s) of Organization shall be responsible for the
orientation of new employees, and direct the organization of the unorganized.
(October 20, 1999)
Any
member appointed to any of the above appointed positions may be removed from
such appointed position by majority vote of the Executive Board.
Section 11. Stewards are responsible for investigating and filing all grievances in a timely manner. Stewards are expected to enforce all rights of their stewardship in order to fulfill their obligations to represent the membership. They shall perform such other duties as directed by the President. Stewards will only be removed by petition signed by a majority of the employees in the section(s) they represent, by the President with Executive Board approval, or per Article 4 Section 7C. (March 4, 1995) The Stewards shall be paid the yearly salary of $697.00 each, to be paid quarterly.
Section
12. All future salary increases
shall be determined by the percentage of salary increase during the first year
only, of all future National Agreements, and shall remain at that level for the
life of that agreement, without regard to any additional raises in the agreement.
(March 17, 1999)
Section
13. Any officer, steward, delegate,
committee member or any other person in a compensated position missing four (4)
consecutive regular meetings will result in forfeiture of their quarterly pay
until the member attends three (3) regular meetings. The member will also not be eligible for
travel pay to any conferences, conventions or training. The member shall have appeal rights to
this provision in accordance with Article 15 of the national American Postal
Workers Union Constitution. (2008)
ARTICLE VI
Meetings
Section
1. There shall be at least two (2) regular meetings of the local during the
months of October through April, excluding December. There will not be a Wednesday
meeting in the month of December, or a Saturday meeting in January.
There shall be at least one (1) regular meeting of the local during the
months of May through September.
Any regular meeting may be suspended by majority vote of the members present
and voting at one regular meeting. (See By-Laws, Article II, Quorum)
Section
2. Special meetings shall be called by the President or on a petition signed by
at least 25 members in good standing, the purpose of the meeting to be stated
in the petition and the business of the meeting to be confined to the purpose
as stated in the petition. Such
petition shall be prominently posted upon the official DMI Area Local APWU
bulletin board(s) for a period of at least forty-eight (48) hours before such
meeting is to be called, dating from the time it is called. (1980)
Section
3. The two (2) regular monthly meetings (October through April) shall be held
per the following schedule: First Saturday of the month at 10:00 a.m. and the
third Wednesday of the month at 7:00 p.m. (October 5, 1996)
Section
4. The succession for presiding
officers of all meetings of the DMI Area Local will be President, Vice
President, Secretary-Treasurer, Recording Secretary, Editor, or Trustee. If
none of the aforementioned are available or willing, the President may appoint
a presiding officer for a specific meeting(s). If the President in not
available or capable of appointing a presiding officer, the Executive Board
will then appoint one for specific meeting(s). (May 21, 1997)
ARTICLE VII
Criticism Prohibited
Section
1. No criticism, reflection, argument or debate concerning any member's race,
color, creed, sex, sexual orientation, nationality, handicap, political
affiliation, age or religion shall be allowed at any meeting of the DMI Area
Local APWU. (1993)
Section
2. All members will be treated with
dignity and respect by all elected and appointed union officials.
ARTICLE VIII
Recall
Refer
to National APWU Constitution Articles XIV and XV. (2004)
ARTICLE IX
Inspection of Records
All
records of the DMI Area Local APWU shall be subject to inspection at any time,
either by a committee appointed by the President, or by a committee elected by
the members at a regular or special meeting. (1980)
ARTICLE X
Constitution Amendments
This constitution shall stand as the supreme authority of
the DMI Area Local APWU, and shall not be amended or annulled except as
follows.
Amendments to this constitution shall be submitted in
writing, and may be submitted to the Constitution Committee, or introduced as a
Motion for Consideration at a regular meeting. If the Motion for Consideration
is passed by a simple majority of those present and voting at the regular
meeting, it shall be referred to the Constitution Committee for consideration.
Amendments proposed necessitating immediate action shall be
submitted to the Executive Board.
If a 2/3 majority vote to approve the amendment, then the January 1st
effective date will be waived. (2004)
The Constitution Committee shall meet as often as is deemed
necessary by the President, or the Chair of the committee, but in no case, not
later than the September Wednesday
regular meeting of each year, for the purpose of considering all proposed
amendments submitted to the committee, and all motions for consideration passed
by the membership.
At the September regular meeting, the committee shall report
on all proposed amendments and motions for consideration. A recommendation of
concurrence by the committee shall be considered a motion to adopt the proposed
amendment and may be approved by a simple majority of the members present and
voting at that meeting.
Upon approval by the membership, the proposed amendment(s)
shall be posted on the official DMI Area Local bulletin board(s) for a period of
not less than two weeks after approval, and before a final vote is taken.
The final vote shall be by secret ballot, and shall be taken
at a regular meeting in October, and shall require a 2/3rd majority
of the members present and voting at that meeting to be adopted, and shall
become effective on the following January 1st. (March 17, 1999)
ARTICLE XI
Conventions
All
officers and members duly elected to go to a National Convention shall be
required to use their own Annual or LWOP (at own expense). Compensation for meals, lodging, and
travel expenses will be paid by DMI Area Local APWU upon presentation of
receipts, in compliance with Article V. (2008)
ARTICLE XII
PERSONAL LIABILITY OF OFFICERS
(Adopted August 5, 1995)
An
officer of this organization shall not be personally liable for the
organization’s debts or obligations, except for a breach of the duty of
loyalty to the organization, for acts or omissions not in good faith or which
involve intentional misconduct or knowing violation of the law, or for a
transaction from which the person derives an improper personal benefit. The
officers of this organization have agreed to serve as officers in reliance upon
the provisions of this Article.
ARTICLE XIII
INDEMNIFICATION OF OFFICERS
(Adopted August 5, 1995)
This
organization shall indemnify any director to the fullest extent possible under
Iowa Code xx504A.4(14),
490.850-490.858 (1991 edition). The
officers of the organization have agreed to serve as officers in reliance upon
the indemnification assurances contained in those provisions of the Iowa Code.
ARTICLE XIV
401(k)
(Adopted October 20, 2004)
Section 1. The DMI Area Local shall participate in
the APWU Nationally Sponsored 401(k) Retirement Plan. All employees (those who receive
salaries or LWOP) shall be eligible.
Section 2. The DMI Area Local will make a matching
contribution for each Participant’s Elective Deferral Contributions
during each pay period, up to:
FERS Employees: Five percent (5%) of the Participant’s
compensation each month.
CSRS Employees: Zero percent (0%) of the
Participant’s compensation each month.
Secretarial or Professional Staff: Five percent (5%) of the
Participant’s compensation each month.
ARTICLE XV
Strike Board
(Adopted October 19, 2005)
Section 1. The Strike Board’s purpose
is to authorize the expenditure of funds in the DMI Strike Fund. This board will consist of the
President, Treasurer, Support Services Craft Director, and a member from each
unit represented by the DMI Area Local to be appointed by the President. More members may be added with a
majority vote of the existing members.
Section 2. This board shall require a majority vote
of all members to disburse funds and shall report all such disbursements at the
regular meetings of the DMI Area Local APWU.
ARTICLE I
Order of Business
(1993)
1. Roll
call of officers.
2.
3. Reading
of the Financial Statement by the Financial Secretary-Treasurer.
4. Reading
of correspondence.
5. Propositions
for membership.
6. Reports
of Officers and Representatives. (March 4, 1995)
(a) President
(b) Vice-President
(c) Financial-Secretary-Treasurer
(d) Recording
Secretary
(e)
Editor
(f)
Trustees
(g) Craft
Directors
(h)
Sergeant-At-Arms
(i)
Bid Coordinator (March 4, 1995)
(j)
System Administrator (March 4, 1995)
(k)
APWU Health Plan Representative (March 4, 1995)
7. Reports
of Committees.
8. Good
and Welfare of the
9. Unfinished
Business.
10. New Business.
11. Adjournment -
(All meetings shall be limited to two (2) hours duration unless two-thirds
(2/3) of members present vote to continue.)
ARTICLE II
Quorum
Eleven members shall constitute a quorum, but less than that number may adjourn to meet at a specified time. If there is no quorum within 10 minutes after the meeting is scheduled to begin, then that meeting is canceled. (2004)
ARTICLE III
Rules of Order
In the absence of other
authority the deliberations of shall be governed by the current Robert’s
Rules of Order. (1980)
ARTICLE IV
Amendments
Amendments to these
By-Laws may be made in the same manner as prescribed for amendments to the
Constitution. (1980)
ARTICLE V
Rules Governing Debate
The Following Rules
May Be Used To Govern Debate (1980)
Rule 1. On motion,
the regular order of business may be suspended by a two-thirds (2/3) vote of
the meeting at any time to dispose of anything urgent.
Rule 2. All motions
(if requested by the chair) or resignations must be submitted in writing.
Rule 3. Any
conversation, by whispering or otherwise, which is calculated to disturb a
member while speaking, or hinder the transaction of business, shall be deemed a
violation of order.
Rule 4. Sectarian
discussion shall not be permitted in the meetings under any circumstances.
ARTICLE VI
Motions
Rule
5. A motion to be entertained by the presiding officer must be seconded, and
the mover as well as seconder, must rise and be recognized by the chair.
Rule
6. The maker of a motion may decide to withdraw the motion and ask permission
of the chair to withdraw the motion. The chair puts the questions before the
members. If there is an objection, the question of withdrawal must be put to a vote.
It requires no second. It cannot be debated. It then takes a simple majority to
be withdrawn. (March 4, 1995)
Rule
7. A motion to amend an amendment shall be in order, but no motion to amend an
amendment to an amendment shall be permitted.
Rule
8. In the event of a motion that would reverse the decision of a passed motion
at the previous meeting, while the results of such a motion would hold
precedent, the motion must be presented to the secretary to be posted not less
than five (5) days prior to the next regular meeting. This rule will not apply to
Constitutional Amendments. They
will be governed by Article X, Constitutional Amendments. This rule will not apply to Article VI,
Section 2, Special Meetings.
Rule
9. A motion shall not be subject to debate until it has been stated by the
chair.
Rule
10. When a member wishes to speak he/she shall rise and respectfully address
the chair, and if recognized by the chair, he/she shall be entitled to proceed.
Rule
11. If two (2) or more members rise to speak at the same time, the chair shall
decide which is entitled to the floor.
Rule
12. Each member when speaking shall
confine himself/herself to the question under debate and avoid all personal,
indecorous or sarcastic language.
Rule
13. No member shall interrupt
another while speaking, except to a point of order, and he/she shall definitely
state the point, and the chair shall decide, the same without debate.
Rule
14. If a member, while speaking, be
called to order, he/she shall take his/her seat until the point of order is
decided, when, if decided in order, he/she may proceed.
Rule
15. If any member shall feel
himself/herself personally aggrieved by a decision of the chair, he/she may
appeal to the body from the decision.
Rule
16. When an appeal is made from the
decision of the chair, the Vice-President shall then act as chairperson; said
appeal shall then be stated by the chairperson to the meeting in these words:
"Shall the decision of the chair be sustained as the decision of this
Rule
17. No member shall speak more than
twice on the same subject until all the members desiring the floor shall have
spoken, not more than three (3) times without majority consent, nor more than
three (3) minutes at any one time without consent of the majority vote of
members present. Officer's Reports will be limited to three (3) minutes, unless
extended by majority vote of members present.
Rule
18. The presiding officer shall not
speak on any subject, unless he/she retires from the chair, except on points of
order, and in case of a tie vote he/she shall have the deciding vote.
ARTICLE VII
Privileged Questions
Rule
19. When a question is before the
meeting, no motion shall be in order, except:
1.
To adjourn;
2. To
lay on the table;
3. For
the previous question;
4. To
postpone to a given time;
5. To
refer or commit;
6.
To amend; and
these motions shall have precedence in the order herein arranged. The first three of these motions are not
debatable.
Rule
20. If a question has been amended,
the question on the amendment shall be put first, if more than one amendment
has been offered the questions shall be put as follows:
1. Amendment
to the amendment;
2. Amendment;
3. Original
proposition.
Rule
2l. When a question is postponed
indefinitely it shall not come up again except by a two-thirds (2/3) vote.
Rule
22. Before putting a question to
vote the presiding officer shall ask "Are you ready for the
question?" Then it shall be open for debate. If no member rises to speak, the
presiding officer shall then put the question in this form: "All in favor
of this motion, say 'aye' " and after the affirmative vote is
expressed. "Those of the
contrary opinion say 'no' ". After the vote is taken he/she shall announce
the result in this manner; "It seems to be carried (or lost); it is
carried (or lost) and so ordered."
Rule
23. Before the presiding officer
declares the vote on a question, any member may ask for a division of the
house, then the chair is in duty bound to comply with the request, and standing
vote shall then be taken, and the Recording Secretary shall count the same.
Rule
24. When a question has been
decided it can be reconsidered only by a two-thirds (2/3) vote of those
present.
Rule
25. A motion to reconsider must be made
and seconded by two (2) members who voted with the majority.
Rule
26. A member being ordered to take
his/her seat three (3) times for just cause by the chair without heeding, shall
be debarred from participating in any further business at that session.
Rule
27. All questions, unless otherwise
provided, shall be decided as a majority vote may direct.
The
foregoing is a true and corrected copy of the Constitution and By-Laws of DMI
Area Local APWU, as adopted on the 21st
of October 2009.