TABLE OF CONTENTS
ARTICLE SUBJECT PAGE (S)
I NAME 2
II OBJECT 2
III MEMBERSHIP 2-3
IV OFFICERS AND SALARIES 3-5
V DUTIES OF OFFICERS 5-9
VI COMMITTEES AND DUTIES OF COMMITTEES 10
VII MEMBERSHIP DUES 10-11
VIII NOMINATIONS AND ELECTIONS 11-13
IX REMOVAL FROM OFFICE 13
X MEETINGS 13-14
XI QUORUM 14
XII ORDER OF BUSINESS 14
XIII PERMANENCY 15
XIV MEAL CATERED 15
BY-LAWS TO THE CONSTITUTION 15-16
APPEALS SYSTEMS WITHIN LOCAL 16-18
Article I
NAME
This organization, by virtue of a Charter granted by the American Postal Worker’s Union, AFL-CIO, shall be know as the Chattanooga Area Local, American Postal Worker’s Union, AFL-CIO.
Article II
OBJECT
It shall be the objective of this Local 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 in the Chattanooga Area Local, APWU, and their families.
Article III
MEMBERSHIP
Section 1: Any non-supervisory employee, regardless of level or grade, within the jurisdictional claim of the APWU within the Chattanooga SCF area is eligible for membership, if there is no Local in their office. SCF office locals are eligible to join the Area Local on majority vote of their membership. All persons or groups seeking membership and accepted by the Body shall pay full per capita tax plus whatever dues may be required by the Area Local. Members in good standing who are in a no-pay status shall not be required to pay dues during this period except all officers of the APWU on Union payroll and other members on compensation.
Section 2: The application for membership shall be accompanied by:
Section 3: Each member shall at all times strive to promote the best interest of the Local, comply with the National and Local Constitution and perform such duties as may be prescribed by action of the Local.
Section 4: No person eligible under the above provisions shall be denied membership because of race, color, creed, sex, sexual orientation, nationality, handicap, political affiliation, age or religion.
Section 5: This local shall not have an initiation fee.
Section 6: Any member who retires or is promoted beyond the jurisdiction of the APWU may elect to apply for honorary membership of this local. Such honorary memberships may be awarded upon recommendation of the Executive Board and the majority vote of the members present at a regular meeting. Honorary members shall not be entitled to a voice, vote, or any other rights normally accorded regular members.
Section 7: Members of the Union who retire from the U.S. Postal Service 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.
Section 8: Any applicant for membership recognizes the fact that the Chattanooga Area Local is the sole, exclusive bargaining agent for all employees falling within the jurisdictional claim of the APWU.
Article IV
OFFICERS AND SALARIES
Section 1: The officers of the Local shall consist of a President, a Vice-President/Chief Steward, three (3) Craft Directors [one (1) from each craft], a Secretary-Treasurer, a Legislative Director/Liaison, one (1) Window Service Director, one (1) Tennessee Associate Office Representative, (1) Georgia Associate Office Representative, one (1) REC Site Director, one (1) REC Site Chief Steward, and two (2) Trustees.
Section 2: Salaries
(c) The Vice-President/Chief Steward shall be paid a salary of $240.00 per month.
Clerk Craft Director-----------------------$150.00 per month
Maintenance Craft Director--------------$120.00 per month
Motor Vehicle Craft Director------------$120.00 per month
(f) The Legislative Director/Liaison is to receive $100.00 per month.
Section 3: All stewards and union officials traveling to attend monthly meetings shall be paid standard government mileage allowance for each mile traveled in excess of 100 miles to and from meetings. Mileage will be paid the following month as expenses.
Section 4: An accounting with receipts for advanced funds must be made not more than 60 days after the event. If the expenses are less than the amount advanced, the delegate must repay the Local within 120 days of the event. If this is not done, the amount advanced becomes taxable income to the recipient.
Article V
DUTIES OF OFFICERS
Section 1:
(c) The President shall have authority to file or to designate the Vice-President/Chief Steward to file at Step 3 of all grievances.
Section 2: The Executive Board shall consist of the President, Vice-President/Chief Steward, three (3) Craft Directors, Secretary-Treasurer, Window Service Director, Tennessee Associate Office Representative, Georgia Associate Office Representative, Legislative Director/Liaison, REC Site Director, and REC Site Chief Steward. Two-Thirds (2/3) members of the Executive Board shall constitute a quorum.
Section 3: Vice-President/Chief Steward
Section 4: Craft Directors
(c) They shall make a report each meeting.
Section 5: Secretary-Treasurer
Section 8: The Legislative Director/Liaison shall be responsible for advising the members at stated meetings and through other forms of communication, of all bills in Congress pertinent to the interest of this Local. In addition, the Legislative Director/Liaison shall monitor political issues of a local/state interest and the body shall be kept abreast. He/She shall maintain contact with the National Legislative Director. He/She shall further advise Senators and Representatives from this area of the desires and wishes of our membership on all bills affecting our Local. This applies to local and state issues also.
Section 9: Newspaper Editor
Section 10: The Window Service Director shall perform necessary relevant tasks for the window service including oversight of job postings, assisting and/or the processing of all relevant grievances.
Section 11: The Tennessee Associate Office Representative shall perform necessary tasks relevant for securing the appropriate representation for Associate Office members, including the assistance of stewards (when necessary) in the grievance procedure, job postings, maximizations, etc.
Section 12: The Georgia Associate Office Representative shall perform necessary tasks relevant for securing the appropriate representation for Associate Office members, including the assistance of stewards (when necessary) in the grievance procedure, job postings, maximizations, etc.
Section 13: REC Site Chief Steward
(c) He/She shall make recommendations to the Steward Selection Committee to fill vacant stewardships.
Section 14: REC Site Director
Section 15: OWCP Representative
The OWCP representative shall aid any member who requires assistance in making an OWCP claim and shall handle any correspondence pertaining to the proper filing and/or delay action on payment of claims. He/she shall be appointed by the President.
Section 16: The two (2) Trustees shall inspect the ledgers, checkbook, deposit slips, bank statements, and all other records of the Treasurer each January and July to ascertain that all monetary transactions are up to date and correct. They shall also compare these records to the Secretary-Treasurers’ minutes to verify that there are no unauthorized expenditures and that all moneys due this Local have been collected. They shall make a report of findings to the Body at the February and August meetings.
Section 17: The person or persons responsible for creating and designing the web site shall be required to update and add new information monthly.
Article VI
COMMITTEES AND DUTIES OF COMMITTEES
Section 1: During the month of June, the President shall appoint a Constitution Committee. It shall be the duty of this committee to take all changes approved at the May meeting and incorporate the changes into the constitution. They shall make any necessary grammatical and punctuation changes, which in no way alters the meaning, and shall prepare copies of the amended Constitution to be given out no later than the September regular meeting. This provision shall be implemented each and every year that changes are made in this Constitution.
Section 2: By June 1st of each election year, the Craft Director of each craft shall submit to the President three (3) names of members of his/her craft who will be willing to serve on the Election Committee. At the June meeting the President, with the ratification of the Executive Board, shall appoint from these names a five (5) member Election Committee. Each member of this Election Committee shall be furnished a copy of this Constitution. The first duty of this committee shall be to elect a Chairman from among their members. The Election Committee Chairman (or designee by the Election Committee Chairman) shall preside over the nominations. The Election Committee Chairman shall be empowered to appoint new committee members to replace resignations, etc. The Election Committee shall establish election rules and provide a copy to all nominees by the August regular meeting. The Election Committee shall mail ballots to eligible members at their last know address, record all votes and shall decide all controversy arising out of the election process.
Article VII
MEMBERSHIP DUES
Section 1: Union dues withholding is determined by the Postal data system. A nonmember becomes a member once he/she signs a Form 1187.
Section 2: All members shall pay as dues whatever amount is decided upon by secret ballot of the membership. A secret ballot for a dues increase shall be held during a regularly scheduled monthly meeting. The membership of this Local shall be notified twenty-one (21) days in advance of any regular meeting where a secret ballot for a dues increase will be conducted. Notice of secret ballot to be conducted during a regularly scheduled monthly meeting must be placed on all possible Local Union bulletin boards and any other forms that the Local uses to communicate with its members. A minimum of six (6) months must elapse before a secret ballot for dues increase can be enacted upon again.
Section 3: The Secretary-Treasurer shall notify any member three (3) months in arrears in dues and if said member has paid no dues by the time of the next regular meeting following such notification, he/she shall be dropped from the rolls.
Section 4: Any former member who has been dropped for non-payment of dues may be re-instated upon payment of three (3) months dues or he/she may automatically come into good standing in the Local by paying all back dues.
Section 5 - Dues for part time employees (Part-Time Flexibles, Part-Time Regulars, and Transitional Employees) shall be based on a percentage of the hours worked during the course of a calendar year. The percentage will be based on a possible 2080 hours of work per year. Any part time employee member who works less than 2000 hours per year will be eligible for a rebate of the local dues portion of their biweekly Union dues deductions. Part-time employee members must be in a pay status for the time being submitted for a rebate. LWOP hours will not be counted toward a rebate. Rebates will be payable yearly. To receive a rebate, copies of all pay stubs for the year must be submitted to the Secretary/Treasurer no later than March 1st of each year.
Article VIII
NOMINATIONS AND ELECTIONS
Section 1: Officers shall be elected biennially by secret ballot by members in good standing no later than the September regular meeting. In order to be eligible to be a candidate, to hold office, to serve as a convention delegate, or as a steward, members in good standing must certify that they have not applied for, worked in, or interviewed for any Management, EAS, management-supportive position, applied for 204-B training, or applied for inclusion in the PASS Program since August 31, 1984, or for a period of two (2) years preceding nomination. A nomination petition will be made available to any member desiring to run for local office or delegate no later than the July regular meeting. This certification must be made on the nomination petition when delivered to the Chairman of the Election Committee (or designee by the Election Committee Chairman) at the August regular meeting. Failure to submit such certification shall invalidate the member’s candidacy. Prospective stewards must submit such certification to the Vice-President/Chief Steward prior to Executive Board ratification of said steward. Any nominee wishing to withdraw from the election must submit a written request to the Election Committee Chairman no later than September 1st.
Section 2:
Section 3: The Executive Board shall be delegates to the State and National Conventions by virtue of their offices. Should the local authorize additional delegates, they shall be the alternate delegates receiving the largest number of votes.
Section 4: The delegates to the State and National Conventions shall receive from this Local for expenses, an allowance set by the Local at any regular or called meeting.
Section 5: Any delegate to a State or National Convention or seminar who does not attend the regular business session of the convention shall forfeit any money paid to him or her for expenses to the convention or seminar on a pro-rated basis for those days they did not attend except in the case of an emergency.
Section 6: Representation to a craft conference will be by the respective Craft Director. A Craft Director may be replaced by a member of his/her craft if he/she cannot attend. Such replacement shall be by a majority vote of the members present at a regular or called meeting.
Section 7: Eligibility to attend Conventions and Training Seminars
To be considered eligible to attend the State and National Conventions or the Tri-State Seminar, delegates/trainees must have attended at least 70% of the monthly meetings the year prior to the convention/Tri-State Training Seminar unless excused for unavoidable cause.
Article IX
REMOVAL FROM OFFICE
Any steward who shall be absent from three (3) consecutive meetings, for other than unavoidable cause, shall forfeit his/her monthly salary and the Chief Steward shall declare this steward position vacant. Any steward who voluntarily acts as a supervisor must resign immediately. Any elected officer or member charged with misconduct must have due process in compliance with National rules.
Article X
MEETINGS
Section 1: Prior to any regular meeting, the Secretary shall give at least seven (7) days notice of such meeting.
Section 2:
Section 3:
(c) No regular business will be conducted at a special called meeting and it will be limited to the subject of the meeting.
Article XI
QUORUM
Ten (10) members shall constitute a quorum for the transaction of business at any meeting of this Local.
Article XII
ORDER OF BUSINESS
- Roll call of officers
- Reading of minutes of the previous meeting
- Reading of the Treasurer’s report
- Election of new members
- Unfinished business
- Report of Officers
- New Business
- Report of any Appointed Committees
9. Adjournment
Article XIII
PERMANENCY
Section 1: This Body shall not have the authority to dissolve itself if there are three (3) dissenting votes.
Section 2: All future proposed changes in the Constitution shall be written, signed, and presented to the Secretary-Treasurer at least 30 days or one regular meeting in advance to these being voted upon at the regular membership meeting in May.
Section 3: The Constitution and By-Laws of the Local shall not be amended or changed except by a vote of two-thirds (2/3) of all members present.
Article XIV
MEAL CATERED
Section 1: The Executive Board will provide the members present at the May regular meeting catered food to the respective meeting place. A vote will be taken at the April regular meeting to determine the type of food to be catered.
BY-LAWS TO THE CONSTITUTION
APPEAL SYSTEMS WITHIN LOCAL
The following are procedures that apply in the case that charges are levied against the officers or against any member. Those protests on Local elections can be handled with the same procedures with the Election Committee being substituted for the Hearing Committee unless charges are against the Election Committee itself.
Section 1 - All charges shall be in writing, signed by the accuser, and shall be sufficiently explicit so as to inform the accused of the nature of the offense with which he/she is charged. Any member of APWU may initiate proceedings under this Article by filing charges with the secretary of the body of which the accused is an officer or member.
Section 1 (a) - Except in cases of suspension or expulsion for non-payment of dues or per capita, no disciplinary action shall be taken for violations of any of the provisions of this Article or of either Local or National Constitution, until the accused individual or subordinate body has been accorded the following procedures.
Section 1 (b) - The Secretary with whom such charges are filed shall promptly transmit by Certified Special Delivery, Registered Special Delivery or Express Mail, with all options to include a return receipt, a copy of the charges to the accused at his/her last know address.
Section 1 (c) - The accused shall be accorded a full and impartial trial, with the right to 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/her own discretion. Both the accuser and the accused shall be afforded an opportunity to be present and to present their point of view during this trial.
Section 1 (d) - The hearing of such charges may be held notwithstanding the failure of the accused, after being given notice thereof pursuant to the provisions of this Article, to appear thereat.
Section 1 (e) - The Local/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, however, 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(s) for the purpose of holding hearings. In cases in which a hearing officer(s) is appointed, such hearing officer(s) shall hold such trial under such trial procedure as shall be determined by the board; shall make findings of fact and conclusions of law in respect to such charges; and shall recommend to the trial board which disciplinary action, if any, is to be taken by the trial board. In all cases, including those in which a hearing officer(s) is appointed, the trial board itself shall determine for itself what disposition should be made of the charges before it.
Section 1 (f) - In the event of a trial board being appointed, pursuant to section 1 (e) of this Article, notice of the time, date, and place of such hearing shall be given to both the accuser and the accused by the committee.
Section 1 (g) - Any decision or disposition of charges by the Local Executive Board or separate elected trial board shall be reduces to writing and submitted as a report to the Secretary of the local union, including a synopsis 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 shall read it at the next regular union meeting; and in the event of a guilty verdict, submit to the Body first 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 and/or member cannot take effect unless confirmed by two-thirds (2/3) of those voting in a referendum on the recommended disciplinary action. The affected officer and/or member shall have ten (10) days to submit a reply to the report. The report and the reply from the affected officer and/or member, if submitted, each of which shall contain no more than one thousand (1,000) words, shall be sent out with each ballot.
Section 2: The decision of the Local in matters other than protests concerning Local elections may be appealed under the provisions of Article XV, Section 4 of the National Constitution. The Local (if requested by the appellant) shall provide administrative assistance or advice for this appeal.
Section 3: The Election Committee, no member of which shall be a candidate for election while serving on such committee, shall be responsible for the conduct of Local elections and shall decide all appeals arising out of the election processes. Any member who feels aggrieved in connection with the conduct of a Local election, including nominating procedures, shall file his/her appeal with the Election Committee within seventy-two (72) hours after his/her appeal arises. The Election Committee shall have authority to adopt rules and regulations as it deems desirable to promptly accomplish the objectives of this section and, where it finds merit in an appeal, it shall have the authority to direct and impose such remedy as it considers necessary or proper.