Constitution

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HDAL Constitution - Local 6074


CONSTITUTION COMMITTEE
Niles H. Hagedorn, Jr. Chairman, Charles Stevens, Francis I Vannoy, Carol A. Lyon
TABLE OF CONTENTS

CONSTITUTION
HIGH DESERT AREA LOCAL
AMERICAN POSTAL WORKERS UNION, AFL-CIO
PREAMBLE

We, the postal workers of the High Desert Area Local, in order to form a more perfect Union establish this Constitution.

We, who come from diverse crafts, believe that in unity there is strength.

We believe that all postal workers and all members of labor have a right to economic, political, and social justice.

That all men have inherent right to earn a living and be justly paid for the services they perform.

That all postal workers have the right to expect to have decent shelter, food, and clothing.

That they have the right to see that their children have the best of education. The investment of the worker’s lifeblood in giving service gives him that right.

We further believe that all men are created equal with the right to determine their own destiny and to participate in the forces and events that affect them.

We further believe that all postal workers have the right, regardless of race, color, sex or national origin to hold their heads high and to have respect for themselves as individuals.

We believe therefore, that in the spirit of the Declaration of Independence and the U.S. Constitution, all men are free and have the right to come together to promote the common cause of all.

We also believe that all members have certain rights within our union and shall be secure in those rights. In order to give life to the Preamble to this Constitution, and the Constitution itself, the Member’s Bill of Rights has been established.

MEMBER’S BILL OF RIGHTS


Every member has the right to be respected as a human being.

Every member has the right to be respected as a brother or sister of this union.

Every member has the right to freedom of speech and the right to be heard.

Every member has the right to the freedom to listen.

Every member has the right to the freedom of the press.

Every member has the right to participate in the activities of this union.

No member shall be denied the right to seek any office or the right to vote in this Union because of race, color, creed, sex or religion.

Every member has the right to support the candidate of his choice and participate in that right with others.

Every member has the right to a fair trial, to be represented by an individual of his choice to proper appeal procedures.

Every member has the right to be secure in his or her basic rights without fear of political, economic, physical, or psychological intimidation.

ARTICLE I NAME


The name of this organization shall be High Desert Area Local, American Postal Workers Union, AFL-CIO, herein after known as the Area Local.

ARTICLE II OBJECTS


Section 1

It shall be the object of the Area Local to secure through collective bargaining legislative efforts a better standard of living for the members of the Area Local and their families.

Section 2

The Area Local affirms its belief in a single union of all postal workers in non-supervisory levels. The Area Local will make every effort to bring into a single union of all postal workers by mergers with other postal unions, and initiating intensive all-out organizing campaigns reflecting the Area Local philosophy.

Section 3

The Area Local will vigorously oppose any labor unions outside the Postal Service moving into the Postal Service field.

Section 4

The Area Local will call on the American Federation of Labor Congress of Industrial Organizations, and its' President, to aid in the cause of merging all postal unions into a single union.

Section 5

The Area Local will continue to organize the unorganized.

Section 6

To unite within one organization, regardless of sex, race, age, creed, color, political affiliation or nationality, all employees under the jurisdiction of the Area Local.

Section 7

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 interest to labor and 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.

Section 8

To engage in legislation, political education, civic, welfare and other activities which further, directly or indirectly, the joint memberships interests in the improvement of general economic and social conditions in the United States of America.

Section 9

To work as an autonomous union affiliated with the AFL-CIO, together with other unions for the solidification of the entire Labor Movement.

ARTICLE III


MEMBERSHIP
Section 1 - ELIGIBILITY:

Any non-supervisory employee, regardless of level or grade, within the jurisdictional claim of this Area Local, is eligible for member-ship. No person eligible under this section shall be denied membership because of sex, race, creed, color, religion, political affiliation, or national origin.

Section 2 - APPLICATION:

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.

Section 3 - ASSOCIATE MEMBERS:

a. Those members promoted to supervisory positions may retain membership in the Area Local. They shall not be permitted to attend meetings except when invited by the President and with the consent of a majority of the Executive Board. They shall be required to pay any State and/or National per capita tax, and other dues assessed by this Area Local.

b. A member of the Area Local after performing in a supervisory capacity for thirty (30) consecutive working days, will become an associate member until such time as he resumes his normal craft duties.

Section 4

A member in good standing is any member not more than two (2) months arrears in dues. Any member of this area local who becomes three (3) months in arrears in payment of dues shall be dropped from the rolls, and declared not in good standing. A member declared not in good standing in this area local may be reinstated to membership upon submission to the Treasurer, a signed and completed Standard Form 1187 or its equivalent, or one (1) year’s dues in advance.

Section 5 - RETENTION OF MEMBERSHIP

Members of this local who retire from the Postal Service may retain full membership, with all rights of such membership by continuing to pay full dues.v

Section 6 - HONORARY MEMBERS

This area local shall have the power to confer honorary membership. Such members shall be known as honorary members and the Area Local shall be required to pay not less than the national per capita tax. No honorary member shall be eligible to hold office or be seated as a delegate at a Convention, nor shall he or she have the right to vote.

ARTICLE IV - JURISDICTION


The High Desert Area Local claims jurisdiction over all postal and mail handling operations including, but not limited to, sorting machines, mail handling operations (first, second, third, parcel post, sack, etc.) all areas and levels of postal and federal maintenance, motor vehicle service and maintenance, all transport and special delivery of mail and all technical advancement in the area of mail processing.

ARTICLE V - DELEGATES AND CONVENTIONS


Section 1

By virtue of their positions, the President, Vice President (Chief Shop Steward of the Local), Recording Secretary, Information Systems Specialist, Treasurer, Editor or Assistant Editor of the local newspaper, Craft Directors, and Installation Chief Steward shall be delegates to any conventions.

Section 2

Delegates shall be limited to financial capability of the local at the time.

Section 3

No member in good standing, and who has not attended three (3) of the twelve meetings proceeding the nomination meeting, may be funded as a delegate by the area local. (A). This to include section 1. (B). When any member of the area local is absent from a general membership meeting when attending any authorized seminar, union training program, or attending any other authorized union business he or she shall be deemed as having attended said meeting. A members name appearing in the attendance record shall be proof of attendance.

ARTICLE VI - DUES


Section 1

The dues of this Area Local shall be as periodically prescribed by all of the Executive Board, to include State and National per capita tax in accordance with the National Constitution and By-laws.

ARTICLE VII OFFICERS


Section 1

The elected officers of this area local shall be:
A President
A Vice President (Chief Shop Steward)
A Recording Secretary
An Information Systems Specialist
A Treasurer
A Budget Director
An Editor
A Director of Human Relations
Craft Directors
Installation Chief Steward from each member office (Installation Vice President)

Section 2

The aforementioned officers shall constitute the Executive Board of this Area Local.

Section 3

All officers shall be elected for a period of two (2) years.

Section 4

There shall be three (3) Trustees elected by the general membership who can hold no other elected or appointed office. The trustees shall audit the books of the Treasurer annually. The audit will be conducted during the month of February, and the report of the Committee, in writing, shall be presented at the March meeting of the Area Local.

Section 5

The Area Local shall fund a monthly publication.

Section 6

The President shall appoint a legislative Officer with the approval of the Executive Board.

ARTICLE VIII DUTIES OF THE OFFICERS


Section 1 The President:

It shall be the duty of the President to preside at all meetings of the Area Local and the Executive Board. He shall appoint all committees and shall be an ex officio member of all committees. He shall fill all vacancies from any cause whatsoever, subject to the approval of the Executive Board, until such vacancy is filled by a regular election. He shall sign all orders drawn by the Secretary or Treasurer and countersign all checks. He shall be responsible for all work of the Area Local, and all officers of the Area Local shall work under his supervision. He shall be designated chief negotiator of the Area Local. He shall perform all other duties required of him by the membership. He may appoint two (2) grievance coordinators to assist the Vice President in his duties as Chief Shop Steward. The President of the High Desert Area Local will receive a salary of one hundred dollars ($100.00) net. The salary will be received on the first day of each month.

Section 2 The Vice President

shall perform all the functions of the President in his absence. In the event of the permanent absence of the President (through death, retirement, removal, etc.) the Vice President shall convene the Executive Board and a successor to the President shall be elected from the Executive Board by secret ballot.

Section 3 The Recording Secretary

shall keep the minutes of the proceedings at all meetings of the general membership and all Executive Board meetings. He or she shall file and maintain all committee reports.

Section 4 The Information Systems Specialist

shall be responsible for the upkeep of all computer systems and peripherals. He shall have custody control of all software purchased by the Area Local.

Section 5 The Treasurer

shall record all dues and monies received by the Area Local and shall disburse all authorized monies by check countersigned by the President or authorized representative. The Treasurer shall submit a written report at each regular meeting of the Area Local.

Section 6 The Budget Director

shall prepare and present a budget to the Executive Board at the beginning of each fiscal year. He shall meet with the Executive Board to determine the number of delegates to be funded. The Budget Director shall report each meeting of the Executive Board.

Section 7 The Craft Directors

shall be responsible, subject to direction of the President, for matters pertaining to their particular crafts. The Craft Directors shall be members of the craft they represent and shall be elected only by members of that craft.

Section 8 The Editor

shall publish a news bulletin periodically to inform the membership in the Area Local to 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. The Editor may solicit advertisement for said publication.

Section 8A

The Editor may appoint an assistant editor with the approval of the Executive Board.

Section 9 The Director of Human Relations

shall be responsible to set up and promote programs in the areas of EEO, Consumerism, Retirement, Social and Economic fields which affect the membership.

Section 10 The Installation Shop Stewards (Installation VP)

shall:
a. Recommend to the President members from their respective installations to be appointed to the positions of steward and alternate steward, according to the apportionment specified in the National Agreement.
b. Be elected from their own respective installation only.
c. Recommend to the President members to be appointed to fill vacancies in the steward positions.
d. Represent the Area Local in their respective installations in the absence of the President.
e. Enforce the National and Local Agreements in their respective installations.

Section 11

Executive Board meetings shall be held at least bimonthly. All meetings of this Area Local are open to all members in good standing.

Section 12

The Vice President shall be Chief Shop Steward and shall be responsible to the President for the conduct and education of the shop stewards.

ARTICLE IX - MEETINGS


Section 1

Meetings shall be monthly except as specified by the By-laws. A time and day of the meeting shall be set by the By-laws.

Section 2

A quorum shall be set by the By-laws.

ARTICLE X ELECTION OF OFFICERS


Section 1

Any member of "the local" in good standing at the time of his nomination, and who is not on the Supervisors list, or not working as an acting Supervisor, and who has attended at least three (3) of the last twelve (12) regular meetings preceding his nomination for office, may be a candidate for any one office for which he or she is eligible.

Section 2

Nominations for Officers shall be made from the floor at the regular January meeting in election years, and nominations shall be continued and closed at the regular February meeting in election years.

Section 3

The President must, after the close of all nominations at the February regular meeting in election years, appoint an Election Committee, consisting of a Chairman and three members, none of whom, including the chairman, shall be a candidate for any Office, and all of whom shall be members in good standing. The Election Committee shall have complete jurisdiction and control of the elections. The Election Committee shall see that ballots are mailed to all members eligible to vote not later than March fifth, and that all ballots are returned not later than March Twentieth to the Post Office Box designated for the return of the ballots, and the Election Committee shall also see that no ballot postmarked later than March Twentieth or that does not bear on the return outer envelope the legible name of an eligible voter, or that appears to have been tampered with in any way, is counted. All members of the Election Committee must be present when the ballots are counted, unless the President, or Vice President, because of the unavoidable absence of an Election Committee member or members, permits the Election Committee members to proceed with the counting of the ballots, and in all such cases the President, or Vice President, and one Trustee must be present when the ballots are counted, as observers, and witnesses, that all Constitutional procedures were complied with. During the course of an election, as the returned ballots accumulate, the returned ballots shall be in the custody of the Election Committee. The Election Committee shall after counting the ballots, and determining the results, prepare a notice showing the complete results bearing the signatures of all persons present when the ballots were counted, as certification as to the results, and shall see that this certified notice is posted on all of the Official bulletin boards of "The Local".

Section 4

The Recording Secretary of "The Local" shall not later than seventy two hours after the appointment of the Election Committee, submit to the Election Committee Chairman the names, crafts, installation, and addresses of all members eligible to vote. The Election Committee shall then prepare the ballots for mailing. The Official Ballot shall have printed on it voting instructions and shall contain the names of all persons nominated for Office listed in alphabetical order under the Title of the Office for which they are a candidate. The ballot, when mailed to the voter, shall contain with it in the envelope with which it is mailed, two additional envelopes, one of the two additional envelopes, the larger one, shall be stamped and bear in the upper left hand corner of the front of the envelope the voters name, and shall be addressed to Election Committee, High Desert Area Local, American Postal Workers Union, with the number of the designated Post Office Box for the return of the ballots, with its City and State names following. The second envelope, mailed with the "Official Ballot", the smaller envelope, shall have written on its front side, in the center of the envelope, the words "Official Ballot". The ballot, after being voted upon by the member, shall be placed in the small envelope marked "Official Ballot", this envelope with the ballot shall then be sealed and placed in the return envelope, which in turn must then be sealed, and then mailed back to the Election Committee.

Section 5

Returned ballots shall be opened only after the deadline for the return of ballots, and only when the Election Committee meets officially to tabulate the ballots. The decision not to count any ballot shall be left to the sole judgment of the Election Committee and any such decision shall be decided by the majority of the Committee.

Section 6

The candidate receiving the largest number of votes shall be elected.

Section 7

All candidates nominated for office must prior to the counting of ballots, signify their intent to serve if elected, in a letter of intent to so serve, deposited with the Chairman of the Election Committee.

Section 8

All issues decided by vote in "The Local", unless otherwise clearly stated in this Constitution and by these By-laws, shall be decided by the majority vote of those members present and voting, or who mail back their ballots when the issue is being decided by mail ballot.

Section 9

During any meeting the Presiding Officer, at the time a vote is taken, shall have no vote unless their be a tie vote. In the case of a tie he or she may cast a vote to break the tie, or, he may decline to vote.

ARTICLE XI SPECIAL MEETINGS



Special meetings of the High Desert Area Local may be called at any time by the President, three members of the Executive Board, or by 10 members in good standing. Notice of any special meeting must be posted in all installations at least 48 hours prior to the meeting. No such meeting shall occur within a 72 hour period following a previous special meeting.

ARTICLE XII RECALL


Section 1

A petition of recall must be signed by 10 members in good standing. This petition and a letter of charges stating why the union officer is being recalled must be presented to the Executive Board.

Section 2

The President, upon receipt of such a petition and letter of charges, must call a special meeting of the Area Local not prior to thirty days and not later than forty five days after submission of the petition and letter of charges.

Section 2A

The President shall notify said officer of the petition of recall within 72 hours. He then has 30 days to prepare his case.

Section 3

At this special meeting, the officer being recalled will have the right to deny the charges and defend himself or herself by presenting evidence and witnesses on his or her behalf.

Section 4

After the Officer being recalled has had sufficient time to present his or her case the membership shall vote to retain or recall the Officer. If a two-thirds majority of the membership present and voting, vote to recall the Officer he or she shall be considered recalled and his office shall be open for nomination of candidates at this special meeting another meeting shall be held and those nominated at the former meeting shall be voted on for the office that has been vacated and the candidate receiving a simple majority of votes shall attain the vacated office.

ARTICLE XIII AMENDING THE CONSTITUTION


This Constitution may be amended only by a two-thirds majority vote of members in good standing at a regular monthly meeting. The proposed amendment must be read at the first regular monthly meeting and voted on at the next regular monthly meeting. The proposed amendment shall be mailed to each member office and posted fifteen days prior to the second meeting at which the voting takes place.

By-laws



  1. These By-laws may be changed or amended by a two-thirds vote of members in good standing at business meetings.
  2. At any regular meeting, eight members in good standing shall constitute a quorum. 5/2004
  3. Four members of the Executive Board shall constitute a quorum of that committee. 5/2004
  4. In the absence of a quorum of the membership, at a regularly scheduled business meeting, the Executive Committee shall conduct the business of the Area Local. Attendance at these meetings shall fulfill meeting requirements of Articles V and X.
  5. The regular business meeting of the Area Local shall be on the Third Sunday of each month. The time and place of each meeting shall be specified by the Executive Board. No meeting shall be held during the month of December. These meetings may be changed due to Postal holidays and/or scheduled union functions by a motion made at the preceding regular meeting.
  6. The President is authorized to spend no more than one hundred ($100.00) dollars each month, for the good of the Area Local, without referral to the membership. 3/2003
  7. In the absence of other authority, the rules outlined in Roberts Rules of Order, Revised Edition, shall prevail at all business meetings of the Area Local.
  8. The Area Local shall supply the Recording Secretary and the Treasurer, for office supplies petty cash of $100.00 each. 2/99
  9. The Treasurer is authorized to pay all bills upon receipt necessary to run the High Desert Area Local. (Rent, Utilities, Insurance, Per Capita Dues, etc.) 1/98
  10. All Executive Board Members, except the President, shall be paid a stipend of $50.00 per month. Board members must attend the monthly meeting in its entirety and must fulfill the duties of their position to receive said stipend. Acceptance of documented absence will be determined by the Executive Board. Duties fulfilled to be determined by the President and/or the Executive Board in absence of clearly defined responsibilities in the Constitution. Month of December will be included, though there is no meeting (as per Constitution). Payment for this month will be made on the 21st of December. 11/2002