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P.O. Box 701 Cockeysville,
MD, 21030 (800) 522-5228 |
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Constitution
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SOUTHWEST
MARYLAND BAY AREA LOCAL
AMERICAN POSTAL WORKERS UNION,
AFL-CIO
CONSTITUTION
PREAMBLE
WE BELIEVE Postal Service employees
must rely upon their own organized
efforts to improve their positions.
WE BELIEVE the most effective way of
improving the salary and working
conditions of the postal service
employees and of promoting their
general welfare is through a strong
democratic union, affiliated with
the American Trade Union Movement.
WE BELIEVE the best interest of all
Postal Service employees can be
served through a strong union and we
pledge every effort to achieve this
end.
ARTICLE 1 - NAME
SECTION 1. This organization of
postal employees, by virtue of the
July 1, 1971 national merger of the
National Association of Post office
and General Service Maintenance
Employees, AFL-CIO; National
association of Special Delivery
Messengers, AFL-CIO; National
Federation of Post Office Motor
Vehicle Employees, AFL-CIO; National
Postal union; and United Federation
of Postal Clerks, AFL-CIO shall be
known as the Southwest Maryland Bay
Area Local (SWMBAL) of the American
Postal Workers Union, AFL-CIO.
ARTICLE 2 - OBJECTS
SECTION 1. The object of this
organization shall be to unite
postal employees in a democratic
labor union to promote the economic
welfare of the working class
everywhere, and to aid in the
betterment of the postal service.
SECTION 2. It shall be the object of
this Local to be in full affiliation
with the American Federation of
Labor Congress of Industrial
Organizations (AFL-CIO); the
American Postal Workers Union,
AFL-CIO; the Postal Press
Association; and the Maryland-DC
State American Postal Workers Union,
AFL-CIO.
ARTICLE 3 – MEMBERSHIP
SECTION 1. Any person employed in a
non-supervisory position by the Post
office is eligible for regular
membership. No ineligibility shall
be imposed because of race, sex,
creed, color, or age.
SECTION 2. The local may issue
Honorary Memberships, provided that
such memberships be limited to
persons actually being or having
been employed in the Postal Service,
and that no discrimination on
account of race, sex, creed, color,
or age shall be imposed. Honorary
members shall have no vote in the
proceedings of the Local nor shall
they hold office.
SECTION 3. The local may issue
associate memberships to those who
desire to retain/obtain the APWU
Health Plan, Accident Benefit
Association, Voluntary Benefit Plan,
or other such Union sponsored
programs.
SECTION 4. Any employee having
complied with Sections 1 and 2 of
Article 3 shall automatically be a
member.
SECTION 5. Retention of Membership:
Members of this Local who retire
from the 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 the Local's dues may
be.
SECTION 6. Membership of this Local
who frequently serve as supervisors
or who are promoted to a permanent
supervisory position may retain
their membership in this Local,
however, they shall not be eligible
to serve as a delegate or a
representative of this Local. In
addition, they shall not be entitled
to a voice or vote on the
proceedings or attend any business
meeting of this Local.
ARTICLE 4 - DUES
SECTION 1. Member dues shall be
determined by the Executive Board
from time to time. Dues shall
reflect the local’s financial
obligations including the payment of
assessments and per capital taxes to
affiliated organizations. Such
organizations may include the
American Postal Worker’s Union,
AFL-CIO, (National). Maryland state
and District of Columbia APWU, the
Postal Press, Accident Benefit
Association and others as determined
by the Executive Board.
SECTION 2. The dues of the Local for
an honorary member must be in
accordance with the National
Constitution and by-laws of the APWU,
Article 3, Section 3.
SECTION 3. The dues of the Local of
an Associate member will be derived
by the same formula in Article 4,
Section 1.
SECTION 4. Any member who fails to
pay their dues for three (3)
consecutive months shall be
suspended from the Local. Notice of
such suspension shall be given
him/her in writing by the Secretary.
If, at the end of four (4) months a
member is still in arrears, s/he
shall be dropped from the rolls
unless extenuating circumstances are
made known to the Executive Board.
SECTION 5. A member automatically
suspended for non-payment of dues
can only be reinstated to membership
on application by a two-thirds (2/3)
vote of members present in a regular
meeting or by paying in full all
dues and claims against him/her.
SECTION 6. Any special assessments,
excepting those levied by
organizations with whom we are in
full affiliation and are therefore
obligatory, shall be levied by a
two-thirds (2/3) vote of the
membership present and voting at a
Special Meeting.
ARTICLE 5 – MEETINGS
SECTION 1. Meetings will be held
once a month with the exception of
December. Meetings shall be rotated
between various locales, but not
limited to Annapolis/Crownsville,
Glen Burnie, and the Frederick/Mt.
Airy areas. The local president may
cancel a regularly scheduled meeting
for cause, such as inclement weather
or other emergency or other
unforeseen events. The President may
change the time and location for a
regularly scheduled meeting with one
week’s prior notice. The local
secretary or president shall see to
it that such notice shall be posted
on the local’s web site if possible
and mailed to each member post
office for posting.
SECTION 2. Regular meetings normally
shall be called to order promptly at
7:30 PM, the second Tuesday of each
appropriate month. Regular meetings
shall not exceed three (3) hours
except by two-thirds (2/3) vote of
attending members in good standing.
SECTION 3. A quorum shall consist of
six (6) members in good standing.
SECTION 4. Only regular members in
good standing shall be allowed a
vote at meetings of this Local.
SECTION 5. The President shall call
a special meeting upon the written
request of five per cent of (5%) of
the members in good standing or by a
vote of the members at a local
meeting or by vote of the executive
board.
SECTION 6. No criticism, reflection,
argument, or debate touching on any
member's creed, color, nationality,
age, sex, or political affiliation,
shall be allowed at any meetings of
this Local. In addition, no
offensive personal remarks shall be
allowed at any meeting of this
Local.
ARTICLE 6 - OFFICERS
SECTION 1. The officers of this
Local shall consist of President,
Executive Vice President, Area
Vice-President, Vice-President at
Large, Secretary, Area Vice-
President, Treasurer, Director of
Clerk Craft, Director of Maintenance
Craft, Director of Motor Vehicle
Craft, Sergeant-at-Arms, Health Plan
Representative, Editor, and three
(3) Trustees. If possible they will
be selected from the clerk,
maintenance and motor vehicle craft.
No officer of this local may
simultaneously hold a supervisory or
acting supervisory position with the
U.S. Postal Service.
SECTION 2. Appointed officers. The
appointed officers of this local
shall be Sergeant at Arms, Health
Plan Representative and Editor.
SECTION 3. Area Vice Presidents. The
Local Executive Board may establish
“areas” - subordinate jurisdictions,
reflecting the Local’s changing
needs, particularly with regard to
the merger or assimilation of other
entities or individuals into the
local. Such areas shall be
administered by an area
vice-president who shall be elected
from and have administrative
authority for that jurisdiction.
After the Executive Board has voted
to establish an area, the President
may appoint an area vice-president
to administer that jurisdiction
until the next regular election.
ARTICLE 7 - DUTIES OF OFFICERS
SECTION 1. President:
(a) It shall be the duty of the
President to preside at all meetings
of this local, preserve order and
enforce the Local's Constitution and
By-Laws. S/he shall be the Associate
Editor of the official organ of the
SWMBAL, APWU and s/he shall direct
and correlate the actions of the
Editor when necessary. S/he shall be
a member of all committees. S/he
shall appoint all committees not
otherwise provided for. S/he shall
be responsible for all work of this
Local. All Officers, Stewards, and
Committee Members of this Local
shall work under his/her
supervision. S/he shall see that all
Local officers, Stewards, and
Committee Members perform their
duties. In case of non-performance
of duties or incompetence on the
part of any Local officer, Steward,
or Committee Member, the President
shall have the power to suspend such
Officer (elected or appointed), any
Steward, or any Member of this Local
for just cause until appropriate
action may be taken as outlined
under this constitution. The
President shall at any time have the
right to remove any committee member
appointed by the President.
(b) The President shall fill all
vacancies with the approval of the
Executive Board.
(c) S/he shall be the official
spokesperson for the Local.
(d) S/he shall sign all orders drawn
by the Treasurer and counter-sign
all checks. S/he may, with the
approval of the Local Executive
Board, designate a deputy to sign in
his/her stead.
(e) S/he may, with approval by a
majority of the members at any
regular meeting, be empowered to
employ such personnel as may be
required to effectuate the programs
of this Local.
(f) S/he shall by virtue of his/her
office be a delegate to the APWU,
AFL-CIO Convention; the Maryland-DC
State APWU, and appropriate union
function(s).
(g) S/he shall upon approval of the
Executive Board be reimbursed for
receipted expenses incurred during
the performance of his/her duties.
Mileage will be paid as per Article
10.
(h) The SWMBAL shall pay the
necessary monies toward the
President's Civil Service and the
employer's share of the FICA
retirement plan. Contributions and
benefits shall not be less than
those provided by the U. S. Postal
Service, the Civil Service, and FICA
Retirement Act as amended from time
to time.
SECTION 2. Executive Vice-President:
The Executive Vice-President shall
perform the duties of the President
in case of his/her absence or
inability to attend to the duties of
the office. S/he shall by virtue of
his/her office be a delegate to the
APWU, AFL-CIO Convention; the
Maryland-DC State APWU, AFL-CIO
Convention; and appropriate union
function(s), if more than just the
President attends. S/he shall be
responsible for all phases of
training and legislation. S/he shall
be Chairperson of the Local
Constitution and By-Laws Committee.
S/he shall countersign all checks
for this Local when the President or
the Treasurer is absent or unable to
attend to the duties of their
office. She/he shall perform such
other duties as may be assigned by
the President.
SECTION 3. Area Vice-President. The
Area Vice-President shall oversea
the handling of all grievances in
his/her area. He/she shall have the
same responsibilities respective to
his/her area as the Vice-President
at Large or Craft Directors. He/She
will have the authority to certify
and decertify shop stewards with the
approval of the President. He/She
will be responsible for training and
legislation with the approval of the
President. He/she shall be a
delegate to the National Convention,
the State Convention, AFL-CIO
Convention and other Union functions
assigned by the President. (Example
only, Frederick area Vice-President,
shall retain administrative
authority for employees of the
Frederick Post Office; i.e., all
offices formally represented by the
Frederick local, # 2315)
SECTION 3. Vice-President at Large:
The Vice-President-at-Large shall be
responsible for crafts not covered
by the Local's Directors of Craft.
His/her duties will be the same as
the Directors of Craft. S/he shall
assist the Clerk Craft Director.
S/he shall perform such other duties
as may be assigned by the President.
SECTION 4. Secretary: The Secretary
shall keep a correct and impartial
record of the proceedings of the
Local, read all communications and
attend to the correspondence of the
Local. S/he shall have charge of all
papers, documents, and records not
assigned to other officers. S/he
shall have an up-to-date register of
membership along with the name and
address of each member. S/he shall
perform such other duties as may be
assigned by the President.
SECTION 5. Treasurer: The Treasurer
shall receive and deposit all monies
for the Local. S/he shall also be
the official custodian of all monies
of the Local. S/he shall distribute
all monies by check, countersigned
by the appropriate officer. S/he
shall keep a regular and systematic
book account and make a written
report at each regular Local Meeting
of the monies received and paid out
and balance on hand and shall be
ready to submit same for
examination. All securities and
papers representing investments and
funds of this Local shall be in the
possession of the Treasurer who
shall be responsible for their
safekeeping. S/he shall perform such
other duties as may be assigned by
the President.
SECTION 6. Directors of Craft: The
Director of each Craft shall be
responsible for his/her craft. Each
Director shall be responsible for
the handling of all grievances from
within his/her craft. Each Director
may be a member of the
Labor-Management Committee and may
be a member of the Local's
Negotiating Team. S/he shall perform
such other duties as may be assigned
by the President.
SECTION 7. Trustees: The Trustees
shall, at least annually, audit all
books and financial records of the
Local. They shall submit a written
report of their findings at the next
regular meeting of this Local. S/he
shall perform such other duties as
may be assigned by the President.
SECTION 8. Editor: The Editor shall
be responsible for preparation,
publication, and distribution of the
official organ of this Local, and
s/he shall designate such assistants
as s/he deems necessary for the
successful completion of that work.
S/he shall solicit ads, not to
exceed 50% by volume of the official
organ. S/he shall cause to have
published up to twelve (12) issues
of the official organ each calendar
year. S/he shall perform such other
duties as may be assigned by the
President.
SECTION 9. Sergeant-At-Arms: The
Sergeant-At-Arms shall have charge
of the door and allow no
unauthorized entry. They shall see
that all members present sign the
attendance record. S/he shall
perform such other duties as may be
assigned by the President.
SECTION 10. Hospital Representative:
The Hospital Representative shall be
responsible for the administration
of the Hospital Plan for the Local.
They must be a member of the Plan.
S/he shall perform such other duties
as may be assigned by the President.
SECTION 11. It shall be the duty of
every officer at the expiration of
his/her term of office, by
resignation or otherwise, to turn
over all the books, papers, records,
monies, or other properties
belonging to this Local to his/her
successor or the Board of Trustees
as directed by the President or
Executive Vice-President.
ARTICLE 8 - EXECUTIVE BOARD
SECTION 1. The Executive Board shall
consist of the following officers:
President, Executive Vice-President,
Vice-President- at-Large, Area
Vice-President, Secretary,
Treasurer, and the Directors of
Craft.
SECTION 2. Four (4) Executive Board
officers shall constitute a quorum
of the Executive Board.
SECTION 3. The Executive Board will
meet at least quarterly and at other
times deemed necessary by the
President or by request of three (3)
or more members of the Executive
Board.
SECTION 4. The Executive Board shall
be vested with the power to make or
allow needed expenditures up to
$800.00. Any expenditures over
$800.00 must be brought before the
Local Membership meeting and be
approved by majority vote.
SECTION 5. Every Executive Board
member shall notify the Secretary or
Treasurer of their intended absence
from the Executive Board meetings or
inability to perform their
constitutional duties. Upon failure
of any Executive Board member to
attend three consecutive meetings
and/or seminars, or perform his/her
duties during the term of office,
without a valid reason approved by
the Executive Board, that person
shall be removed from office with
said office declared vacant by the
President subject to a two-thirds
ratification vote of the Executive
Board present and voting.
ARTICLE 9 - STEWARDS
SECTION 1. The Officers of this
local may act in the capacity of a
Steward as appointed by the
President and approved by the
Executive Board.
SECTION 2. Stewards shall be
appointed by recommendation of the
President, the Area Vice-President
or the appropriate Director of
Craft.
SECTION 3. Stewards shall meet
qualifications, standards, and
training requirements as set forth
by the Executive Board.
SECTION 4. Stewards may only be
removed upon the recommendation of
the President or the appropriate
Director of Craft, with the approval
of the Executive Board. Any steward
so removed shall have the right to
appeal his/her case before the
membership meeting. After through
investigation the Executive Board
shall render a final decision.
ARTICLE 10 - SALARIES AND
COMPENSATION
SECTION 1. The Southwest Maryland
Bay Area Local, APWU salary
structure/cost per month:
President: one (1) hour per week
lost time per 35 members or fraction
of 35 members per month.
Vice President: Shall receive the
equivalent of eight 8 hours of union
salary per month
Area Vice Presidents shall receive
the equivalent of eight (8) hours of
union salary per month.
Secretary: 3 hours of lost pay
Treasurer: 16 hours of lost pay per
month plus one (1) day of lost time
per fiscal quarter plus one (1)
additional day of lost time at the
end of the fiscal year.
Editor: Up to sixteen (16) hours
lost time per month per issue.
Stewards: Stewards mandated to
attend educational classes or
seminars on non-scheduled days shall
be compensated for up to eight (8)
hours pay per day on a straight time
basis.
SECTION 2. Time spent on Union
business by officers, stewards, and
union members in the performance of
necessary union duties and the loss
of retirement payments and annual
leave in the performance of such
duties shall be compensated for by
the Local at the individual's
regular hourly rate of pay (except
for the loss of retirement payments
which will be paid at the rate the
member would have received if not on
LWOP) upon approval of the Executive
Board.
SECTION 3. Normal expenses incurred
shall also be reimbursed by the
Local upon approval of the Executive
Board. Per Diem (meals) will be
reimbursed at the prevailing GSA
rate. Mileage shall be reimbursed at
the prevailing GSA rate.
SECTION 4. Members, (except
President, if involved in mergers or
organizational drives) who sign up
new members shall be compensated
$10.00 for each new member.
SECTION 5. It shall not be the
policy of this Local to monetarily
compensate members serving in other
than a Local capacity.
SECTION 6. All vouchers or bills
must be submitted to the Union by
the end of January of the following
year in which the expense occurred.
ARTICLE 11 - ELECTIONS
SECTION 1. The officers of this
Local's Executive Board shall be
elected by secret referendum ballot.
They will serve for a period of
three (3) years.
SECTION 2. The officers of this
Local not members of the Executive
Board shall be the three (3)
Trustees. They shall be elected by a
secret referendum ballot. They shall
serve for a period of three (3)
years.
SECTION 3. The appointed officers of
this Local shall include the
Sergeant-At-Arms, the Health Plan
Representative, and the Editor. All
shall be appointed by the newly
elected President and approved by
the new Executive board. They shall
serve for a period of three (3)
years.
SECTION 4. All elected Delegates
from this Local to the State and
National Conventions shall be
elected by secret referendum ballot.
Elected Delegates to all other
conventions shall be elected by
secret ballot at the first regular
meeting of the membership after the
meeting at which nominations are
made. Alternates to the requisite
number of delegates shall be taken
from those candidates who poll the
next largest number of votes.
SECTION 5. Delegates to the APWU
National Convention shall be the
President, Executive Vice-President,
Area Vice-President and highest vote
receiver in each craft. Delegates’
seats and alternates not filled by
the two smaller crafts with eligible
candidates may be filled by eligible
candidates from the clerk craft. The
number of delegates and the
compensation will be recommended by
the Executive Board and voted on at
a membership meeting. These
delegates and alternatives will be
nominated and selected by highest
votes at a membership meeting.
SECTION 6. Delegates to the APWU
State Convention shall be the
President, Executive Vice-President,
Area Vice-President and those
nominated and voted on at a
membership meeting. Delegates’ seats
and alternates not filled by the two
smaller crafts with eligible
candidates may be filled by eligible
candidates from the clerk craft.
SECTION 7. By virtue of his/her
office the President and Executive
Vice President shall be a delegate
to all appropriate special
conventions of the APWU. The Editor,
by virtue of his/her office, shall
be a delegate to the Postal Press
Association Convention. The
Secretary and Treasurer, by virtue
of their offices, shall be delegates
to the Secretary/Treasurer
convention and/or training. The
Craft Directors, by virtue of their
office shall be delegates to the All
Craft Convention.
SECTION 8. A member shall be
eligible to be nominated at the
regular January meeting of this
Local to hold an elective office,
and/or be a delegate if the member
is in good standing for six (6)
consecutive months prior to the time
of nomination. To be an eligible
candidate for a craft position, the
candidate must be a member of that
craft. No member shall be eligible
to run or to hold more than one (1)
elective position in this local at
any one time.
SECTION 9. The Local's Editor shall
print in the February issue of the
official organ articles contributed
by candidates for contested
positions, not exceed three hundred
(300) words, and all such articles
shall be submitted not later than
January 30th to be valid for
printing. The Editor shall print in
the February issue of the official
organ a sample ballot. All
candidates must be treated fairly as
to any publication of a paper, as
well as being permitted to examine
official membership lists within
thirty (30) days prior to the
election. Candidates must be
permitted to examine but shall not
be permitted to make copies of the
same list.
SECTION 10. The President shall
select, within five (5) days after
the January meeting, an Election
Board to consist of a Chairperson
and two (2) additional members with
alternates to be designated as
needed. No member of the Election
Board may be a candidate for or a
holder of any elective position in
the Local.
SECTION 11. It shall be the duty of
the President to provide the
Election Board with a mailing list
by January 20th so that the ballots
will be mailed out by February 15th.
To be eligible to vote a member must
be in good standing according to the
official records of the Local on
January 19th. Ballots shall be
accompanied by a copy of the printed
voting instruction and two (2)
envelopes. The larger envelope shall
be stamped and have printed upon its
closing flap on the back side, for
the purpose of identification, the
words: "Ballot of ..." (voter's name
must be in blank space along with
the craft designation, if necessary,
of the voter) and shall be address
to "Election Board, SWMBAL, APWU,
AFL-CIO, P. O. Box ... (Post office
box #, City, State and Zip code to
be determined by the Election
Board)". To be valid, returned
ballots must be in the designated
post office box after completion of
the first class mail as verified by
the designated post office on March
3rd or the first business day
thereafter. The outer envelope in
which the ballot, instructions,
return envelope, and the small
unmarked envelope are mailed to the
members shall be prepared as
follows: Printed in the upper left
hand corner shall be "After five (5)
days return to, Election Board,
SWMBAL APWU, AFL-CIO, P. O. Box ...,
designated City, Sate and Zip Code".
The word "BALLOT" shall be printed
in bold letters in the lower left
hand corner of the envelope. No
other matter shall be enclosed.
SECTION 12. The member voting shall
indicate his/her choice for each of
the candidates names by making a
cross (x) or check ( ) opposite the
name of the candidate for whom s/he
wishes to vote. The voter shall then
seal his/her ballot in the small
envelope, without any writing, or
other means of identification upon
it, and enclose this envelope in the
larger one in accordance with the
instructions enclosed with the
ballot.
SECTION 13. Write-in votes shall not
be valid, counted, or considered.
Any qualified unopposed candidate
after nominations have been closed
for that position shall be declared
elected and his/her name shall not
appear on the ballot.
SECTION 14. Ballots to be valid
shall be in the designated Post
Office Box after the completion of
the first class mail on March 3rd or
the first business day thereafter
and retrieved on that day by two (2)
or more members of the Election
Board. The Chairperson of the
Election Board shall be responsible
for having tally sheets prepared,
showing the votes by each craft if
necessary. Counting of ballots must
be completed by March 7th or first
business day thereafter.
SECTION 15. The ballots must be
counted with all three members or
their appropriate alternates
present. It shall be the duty of the
election board to post the official
election results upon APWU bulletin
boards within seventy-two (72) hours
after the results are known. It
shall be the duty of the Chairperson
of the Election Board to announce
the results at the Local's regular
March meeting of the membership.
Upon completion of the counting of
the ballots by the Election Board
the results shall be declared
official.
SECTION 16. Plurality vote shall
elect in all cases except as
enumerated in Article 11 Sections 5
& 6.
SECTION 17. In case of a tie vote,
the Election Board shall take from
the designated post office box those
ballots received after the
distribution of the first class mail
on March 3rd or the first business
day thereafter through distribution
of the first class mail on March 5th
or the first business day
thereafter. These late ballots shall
only be used to break ties. If a tie
vote still exists, a run-off
election will be held.
SECTION 18. Elected officers shall
be elected by mail ballot of members
for a three (3) year term effective
with installation at the regular
March meeting of the Local
SECTION 19. Members of the Election
Board, once appointed, are clothed
with full power to conduct the
election for which they are
appointed, within the meaning of
this Article. Members of the
Election Board shall have the power
to collect back dues and give
receipts for the same, thus allowing
the members to vote. The requisite
number of delegates receiving the
highest number of votes shall be
declared elected. Alternates to the
requisite number shall be those who
poll the next highest number of
votes. A ballot may be received by
the Election Board under protest.
Validity of the same to be
determined afterwards by the
member's standing. All such ballots
shall be marked for identification
and shall be certified by the
Election Board.
SECTION 20. (a) An Election
Committee consisting of a
Chairperson and two additional
members shall be appointed by the
Executive board and announced at the
January membership meeting. They
shall act upon any controversies or
grievances arising out of the
election process. (For the purpose
of this article the term "election
process" shall include nominating
procedures.) No member of the
Election Committee shall be a member
of the Election board nor shall they
be a candidate for or a holder of
any elective or appointive office in
the Local. (b) Any member eligible
to vote who feels aggrieved with the
conduct of the election process has
the right to file a grievance with
the Election Committee within
seventy-two (72) hours after his/her
grievance arises, but not later than
ninety-six (96) hours after the
results have been declared official.
Any decision made by the Local's
Election Committee may be appealed
to the National Election committee.
This appeal shall be in writing
setting forth all the relevant facts
upon which the appeal is based. The
appeal to the National must be made
within five (5) days of the Local
Election Committee's decision on the
member's grievance. Elected officers
elected through the Local's election
procedure shall assume and hold the
elected office pending final
decision on the appeal to the
National Election Appeals Committee.
The SWMBAL Local Election Committee
shall have authority to adopt rules
and regulations as it deems
desirable to promptly accommodate
the objective of this article.
ARTICLE 12 - VACANCIES
SECTION 1. In the event of the
death, resignation, or removal of
the President, the Executive
Vice-President shall fill the
vacancy of the unexpired term of
said office.
SECTION 2. In the event of death,
resignation, or removal of a Craft
Director, the Secretary will, within
five (5) days after the vacancy,
post a letter on appropriate
bulletin boards, requesting
applications from the appropriate
craft members for said vacancy. Any
applications must be submitted in
writing to the Secretary of the
Local within ten (10) days from the
date of the posting of the notice.
At the next regular meeting of the
Executive Board, after the ten (10)
day application period, the
President will fill the vacancy with
the approval of the majority of the
Executive Board.
SECTION 3. The President shall fill
all other vacancies from any cause
whatsoever, subject to the approval
by a majority of the members of the
Local Executive Board.
ARTICLE 13 - INITIATIVE AND
REFERENDUM
SECTION 1. Excluding the filling of
vacancies under Article 12, should
the action of the Local, at any of
its regular or special meetings,
prove unsatisfactory to any member;
s/he may prepare and circulate a
petition causing said action to be
bought to a vote of the entire
membership.
SECTION 2. Should any resolution,
question or amendment be
re-considered and withdrawn at any
subsequent regular or special
meeting, said petition shall be
considered as not in force.
SECTION 3. Before the circulation of
such petition the Secretary must be
notified in writing of such action
and shall be furnished with a draft
or copy of the proposed question,
resolution or amendment.
SECTION 4. Upon securing a number of
signatures equal in number to
fifteen percent (15%) of the members
in good standing, as certified by
the secretary, a referendum vote
must be taken.
SECTION 5. Said petition must be
filed with the Secretary at least
one week before the following
meeting of the Local, subsequent to
the circulation of the petition, in
order that the Secretary may certify
that the requisite numbers of
members in good standing have signed
the petition and that the petition
is valid.
SECTION 6. The Secretary shall read
the petition at the next regular
meeting following its circulation,
and if valid, the President shall
appoint a Board of Election
consisting of a chairperson and two
members.
SECTION 7. All voting shall be held
at a place convenient to the
membership, to be selected by the
Board of Election. Such an election
shall be held not later than the
next meeting date, but by a
two-thirds (2/3) vote, the election
may be postponed not to exceed six
(6) months.
SECTION 8. The balloting shall be
conducted at a place or places of
polling within the hours designated
and ordered by the Board of
Election. A member in order to
exercise his/her right to vote,
shall be required to visit a polling
place and deposit his/her ballot in
person, providing that an elector
shall have the option of mailing
his/her ballot to the Board of
Election. Such mailed ballot shall
be received not later than the
closing hour of polls.
SECTION 9. The Board of Election
shall provide sample ballots of the
question, resolution or amendment to
be voted upon, and cause the same to
be given publicity through the
medium of the various stations and
the bulletin boards of the Local.
SECTION 10. The Board of Election in
the performance of their duties,
shall be guided by the same powers
granted the Board of Election under
Article 11 of this Constitution
where not herein provided for.
SECTION 11. Any member or members,
who so desire, may submit arguments
at the expense of this Local, of not
more than five hundred words for or
against such questions, resolutions
or amendments, to the Board of
Election, who shall have the same
printed and furnish a copy in
conjunction with the ballot to each
elector. One argument on each side
may be printed. In case more than
one argument on either side has been
submitted, the Board of Election
shall return them to their authors
with the instructions to condense
them into one argument. Said
arguments must be in the hands of
the Board of Election at least two
(2) weeks before the date of
counting of the referendum vote.
SECTION 12. No question, resolution
or amendment adopted by a referendum
vote of the members in good standing
of this local shall be repealed or
amended within six (6) months after
adoption, except by a referendum
vote.
SECTION 13. Any member of this
local, may by motion, submit any
question, resolution or amendment,
excluding issues dealing with the
filling of vacancies, to a vote of
the entire membership, said election
to be held in the same manner as
provided in this Article with the
exception of the recall of others.
ARTICLE 14 - COMMITTEES
SECTION 1. All committees shall
perform the duties assigned to them
within a reasonable time and report
back to this Local.
SECTION 2. No regular member shall
be excused from committee work
unless s/he can give reason, but no
member shall be compelled to serve
on two committees at any one time.
ARTICLE 15 - FINANCIAL POLICY
SECTION 1. The financial policy of
this Local shall be to keep
expenditures within the income
derived from the dues of this Local.
Extra assessments should be
discouraged.
SECTION 2. If, in the opinion of the
Executive Board, the action of any
meeting of the local in
appropriating funds endangers the
above policy, the Executive Board
shall withhold such funds until the
matter can be settled by a secret
referendum vote.
SECTION 3. The maximum allowance for
delegates to APWU National
Convention, APWU State Convention,
Postal Press Association Convention,
and any special conventions should
not exceed the recommendation of the
Budget Committee.
ARTICLE 16 - RECALL AND REMOVAL
SECTION 1. Recall proceedings may be
instituted against any officer
(elected or appointed) or any member
of this Local by presentation at a
meeting of the Local of written
charges signed by thirty percent
(30%) or more regular members of the
Local in good standing to the effect
that said officer or member has
failed to perform the duties of
his/her office and/or acted in a
manner detrimental to the welfare of
the union and the membership.
SECTION 2. Appeals system within the
Local. (The appeals system under
this Article shall not include the
removal of stewards outlined under
Article 9, Section 4.) The following
are procedures that shall apply in
the case the charges are levied
against the officer(s) or against
any member(s). Those protests on
Local elections can be handled with
the same procedures.
SECTION 3. The person(s) preferring
the charge shall do so by writing
specific and detailed charges and
presenting those charges to the
Local.
SECTION 4. The President shall
appoint one member of the Hearing
Committee, the appellant shall
appoint one member of the Hearing
Committee, and these two shall
appoint, by mutual consent, a
Chairman of the Hearing Committee.
None of these three members is to be
involved in any way with the
incident.
SECTION 5. After a reasonable length
of time to prepare a defense, a full
and fair hearing shall be conducted
by the Hearing Committee.
SECTION 6. The Hearing Committee
shall report to the next meeting of
the Local and that meeting shall
accept or reject the committee
decision.
SECTION 7. The meeting's decision
may be appealed under the provisions
of Article 15 of the National
Constitution. Administrative
assistance or advice for this appeal
shall be provided by the Local, if
requested by the appellant.
ARTICLE 17 - AMENDMENTS
SECTION 1. Amendments to the
Constitution and By-Laws, unless
submitted and approved by two-thirds
(2/3) of the Executive Board, may
only be submitted annually. Those
members desiring to submit proposed
amendments will submit them in
writing and signed by not less than
five (5) regular members in good
standing. Such proposed amendments
shall be submitted to the
Constitution and By-Laws committee
for their recommendation on or
before September 10. The
Constitution and By-Laws committee
will give the first reading during
the month of October. The proposed
amendments shall be acted upon after
the second reading and the
recommendation of the Constitution
and By-Laws committee which will be
made during the month of November.
The adoption of proposed amendments
shall require a two-thirds (2/3)
vote of all regular members present.
SECTION 2. When proposed amendments
are submitted by the Executive Board
other than at the regular annual
meetings the proposed amendments
shall be read at two consecutive
meetings and acted upon after the
second reading. Their adoption shall
require the same approval as those
submitted during the regular annual
meeting.
SECTION 3. Whenever elections, dues,
initiation fees, or assessments are
involved, a secret ballot is
mandatory.
ARTICLE 18 - BY-LAWS
SECTION 1. Nothing in this
Constitution and By-Laws shall
conflict with the National
Constitution and By-Laws.
SECTION 2. Members must notify the
President of any changes of
residence as soon as possible.
SECTION 3. During the temporary
absence of any officers, the
President may appoint a member to
fill the vacancy, pro tem.
SECTION 4. Any member desiring to
speak on a subject under
consideration must arise and address
the chair; such members cannot
proceed until recognized by the
Chair.
SECTION 5. All motions must first be
stated by the Chair before they can
be debated.
SECTION 6. A motion to lay on the
table is not debatable.
SECTION 7. All members in good
standing present shall be eligible
to vote on all questions before the
Local.
SECTION 8. A two-thirds (2/3)
majority of the members present at
the meeting shall decide in case the
chair's decision is appealed.
SECTION 9. When an appeal is called
for, the Executive Vice-President
shall take the chair and shall put
the question in the following
manner: "Shall the decision of the
chair be sustained?" The chairperson
will then be given an opportunity of
stating upon what grounds and
authority his/her decision was
based, after which a vote must be
taken without further debate upon
the question as stated by the
Executive Vice-President.
SECTION 10. Robert's Rules of Order
shall be the authority on all
questions not covered by the
Constitution and By-Laws.
SECTION 11. Any pertinent motions,
excluding those which fall under
Article 8 Section 4, adopted at the
Executive Board meeting, shall be
brought to the next Local meeting
and be acted upon.
SECTION 12. Any amendment which
falls under the purview of Article
17 Section 2, can only be changed in
accordance with Robert's Rules of
Order.
ARTICLE 19 - ORDER OF BUSINESS
1. Meeting called to order
2. Roll call of officers
3. Reading of minutes
4. Executive Board report and
Treasurer's report
5. Reports of officers and
Committees
6. Unfinished business
7. New business
8. Communications and bills and
action thereon
9. Good of the Local
10. Adjournment
The order of business may be
transposed at any time by a majority
vote of the members present at a
meeting.
Revised March 2010
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