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American Postal Workers Union
WORLDS LARGEST POSTAL UNION
CONSTITUTION
&
BY-LAWS
of the
AMERICAN POSTAL
WORKERS UNION
AFL-CIO
PORTLAND, MAINE
AREA LOCAL #458
Phone (207) 883-4003
Fax (207) 883-8403
APWU PORTLAND MAINE AREA LOCAL # 458
CONSTITUTION
American Postal Workers Union
Portland Maine Area Local #458
ARTICLE I
NAME
The name of this organization shall be the American Postal Workers Union AFL-CIO
(APWU) Portland, Maine Area Local #458.
ARTICLE II
OBJECTS
The objects of this Local shall be the same as the objectives of the National APWUAFL/
CIO.
ARTICLE III
MEMBERSHIP
SECTION 1. Membership shall be of three (3) classes: ACTIVE, HONORARY and
RETIRED as follows:
A. ACTIVE:
Any non-supervisory employee regardless of level or grade within the jurisdictional
claim of the APWU is eligible for Active membership. Those accepted for
membership shall pay full per-capita tax plus whatever dues may be required by
this Local. No person eligible under the above provisions shall be denied
membership because of sex, race, age, creed, color, political affiliation or
nationality.
B. HONORARY: (Associate)
Any employee who is not eligible for Active membership is eligible for Honorary
membership. Any such member shall be subject to the National per-capita tax plus
whatever dues may be required by this Local and shall receive the official journal.
No Honorary member shall be eligible to hold local office, be seated as a delegate
at any convention or have the right to vote.
C. RETIRED:
1. Retired members may retain full membership with all rights of such
membership by continuing to pay full per-capita tax to the APWU plus whatever
Local dues may be required by this Local.
2. Retired members may retain partial membership by paying three (3) dollars per
year per-capita tax to the National Union. Such retirees shall have neither voice
nor vote.
SECTION 2.
Application for membership must be made in writing upon the
recommendation of a member in good standing. Applications shall be voted on at a
regular meeting. Any member present may call for a secret ballot on any application. The
adverse vote of the members present shall be sufficient to reject an applicant. The
rejected applicant may appeal by letter to the General Recording Secretary of the APWU
Portland Maine Area Local. He must be heard at one of the next three regular meetings.
After the applicant has been heard by the membership on this appeal, his/her application
for membership shall again be voted on at the same meeting in which the appeal is
heard. A majority vote of those present and voting shall be sufficient to accept the
applicant into membership.
SECTION 3.
Any member separated from the Service because of a law violation may be
expelled from membership by a majority vote of the membership present at a meeting.
SECTION 4.
Members must notify the Recording Secretary of any change in address.
ARTICLE IV
OFFICERS
SECTION 1. The officers of this Local shall be of two (2) classes, Elective and Appointive.
The Elective officers shall consist of a General President, General Vice President,
General Recording Secretary, General Treasurer, Clerk Craft Director, Maintenance Craft
Director, Motor Vehicle Craft Director, Assistant Clerk Craft Director, Trustees, Legislative
Aide, and Human Relations Representative. Each Director shall represent his/her own
craft. The Director of each craft shall appoint stewards with the approval of the General
President.
SECTION 2.
The elective term of all Officers shall be for two (2) years or until the
succeeding officers are elected and installed.
SECTION 3. Each officer shall, at the expiration of his/her term, surrender to this Local,
through his/her duly qualified successor, all books, papers, monies and other property of
this Local that may come into his/her possession or control.
SECTION 4.
No candidate may be nominated for or hold office in the Portland Maine
Area Local who is in an acting supervisory position. Any elected officer who commences
to act in a supervisory position shall relinquish that office immediately.
ARTICLE V
GENERAL DUTIES AND SALARIES OF OFFICERS
SECTION 1.
GENERAL PRESIDENT:
It shall be the duty of the President to have charge of the general welfare of the Local and
to promote its interest 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 general assembly and
general Executive Board and shall govern by Robert’s Rules of Order/Revised in all cases
to which they are applicable and which they are not inconsistent with the Constitution and
By-laws. He/she shall be a member of all committees except the ballot committee. He/she
shall appoint all committees not specifically appointed on motion in the general assembly.
He/she shall appoint a Sergeant-at-arms. He/she shall countersign all orders drawn on
the Treasury by the Recording Secretary. He/she shall make all necessary or required
appointments. He/she shall temporarily fill all vacancies from any cause whatsoever, to
exclude the office of the General Vice President, which will be filled according to the
duties of the Executive Board. . He/she shall be responsible for all work of the Union, and
all officers of this Local shall work under his/her direction. He/she shall make a monthly
report of his/her activities as President. The President by virtue of his/her office shall be a
delegate to all conventions with which this Union is affiliated. He/she shall be reimbursed
the payment of dues. His/her salary shall be Six Hundred Sixty dollars ($660.00) per
month, plus necessary expenses. He/she shall be elected by the general membership.
SECTION 2.
GENERAL VICE-PRESIDENT:
It shall be the duty of the Vice-President to work under the direction of the Local
President. He/she shall by virtue of office be a delegate to the State and National
Conventions of the APWU. He/she shall assume the duties and responsibilities of the
Local President in his/her absence. He/she shall be responsible for representing all crafts
within the Local. He/she shall be reimbursed the payment of dues. His/her salary shall be
Five Hundred Dollars ($500.00) per month. He/she shall be elected by the general
membership
SECTION 3.
GENERAL RECORDING SECRETARY:
The Recording Secretary shall keep an accurate record of the proceedings of all regular
and special meetings. It shall be his/her responsibility to take care of the official
correspondence. It shall be his/her duty to draw orders on the treasury for the expenditure
of funds. He/she shall be a member of the General Executive Board. He/she shall be
reimbursed the payment of dues. His/her salary shall be Three Hundred Dollars ($300.00)
per month. He/she shall be elected by the general membership.
SECTION 4.
GENERAL TREASURER:
The Treasurer shall have charge of all funds of this Local but shall comply with the
directions of the Trustees or the membership as to the deposit of such funds. He/she
shall be directed as to the investment of funds by the general membership meeting of the
Local. He/she shall honor all orders drawn on him/her by the President and Recording
Secretary. All checks of this Local shall be signed and countersigned by a combination of
two of the three following officers: President, Secretary, Treasurer. He/she shall be a
member of the General Executive Board. He/she shall report at the general membership
meeting the financial condition of the Local, stating the amount on deposit and the
amount paid out during the past month. He/she shall be reimbursed the payment of
dues. He/she shall be paid a salary of Three Hundred Thirty Dollars ($330.00) per month.
He/she shall be elected by the general membership.
SECTION 5.
CLERK CRAFT DIRECTOR:
He/she shall by virtue of office be a delegate to the State and National Convention of the
APWU, providing funds are available. He/she shall be responsible for the Craft. He/she
shall preside over craft meetings and he/she shall be a member of the General Executive
Board. He/she shall be a member of the Local Negotiation team and a member of the
Labor/Management Committee. He/she shall be reimbursed the payment of dues. His/her
salary shall be Three Hundred Sixty Dollars ($360.00) per month. He/she shall be elected
by the Clerk Craft only.
SECTION 6.
ASSISTANT CLERK CRAFT DIRECTOR:
He/she shall by virtue of office be a delegate to the State and National Conventions of the
APWU, providing funds are available. He/she shall be a member of the General
Executive Board. It shall be part of his/her duty to encourage and promote the affiliation of
Associate Offices with the Portland Maine Area Local. He/she shall work under the
direction of the General President on any matters of the Clerk Craft with primary
emphasis on matters of the Associate Offices. He/she shall be reimbursed the payment of
dues. His/her salary shall be One Hundred Eighty dollars ($180.00) per month. He/she
shall be elected by the Clerk Craft only.
SECTION 7.
MAINTENANCE CRAFT DIRECTOR:
He/she will by virtue of office be a delegate to the State and National Conventions of the
APWU, providing funds are available. He/she shall be responsible for the Craft. He/she
shall preside over Craft meetings and he/she shall be a member of the General Executive
Board. He/she shall be responsible for processing grievances in the Craft. He/she shall
be a member of the Local Negotiation team and a member of the Labor/Management
committee. He/she shall be reimbursed the payment of dues. His/her salary shall be
Three Hundred Dollars ($300.00) per month. He/she shall be elected by the Maintenance
Craft only.
SECTION 8.
MOTOR VEHICLE CRAFT DIRECTOR:
He/she will by virtue of office be a delegate to the State and National Conventions of the
APWU, providing funds are available. He/she shall be responsible for the Craft. He/she
shall preside over Craft meetings and he/she shall be a member of the General Executive
Board. He/she shall be responsible for processing grievances in the Craft. He/she shall
be a member of the Local Negotiation Team and a member of the Labor/Management
Committee. He/she shall be reimbursed the payment of dues. His/her salary shall be Two
Hundred Forty Dollars ($240.00) per month. He/she shall be elected by the Motor Vehicle
Craft only.
SECTION 9.
TRUSTEES:
There shall be three (3) Trustees. They shall have general supervision of the property of
this Union. They shall submit a yearly inventory of the same. They shall audit the records
of this Union by May 1st of each year. They shall be members of the General Executive
Board. They shall be elected by the general membership.
SECTION 10.
HUMAN RELATIONS REPRESENTATIVE:
He/she shall familiarize himself/herself with the rules and procedures governing the Injury
Compensation Program. He/she shall attend all classes, seminars and other appropriate
training programs, which will assist him/her in the performance of his/her duties. He/she
shall assist all members in the area of Injury Compensation. He/she shall be a member of
the General Executive Board. He/she shall be reimbursed the payment of dues. His/her
salary shall be One Hundred Fifty Dollars ($150.00) per month. He/she shall be elected
by the general membership.
SECTION 11.
LEGISLATIVE AIDE:
It shall be his/her responsibility to maintain close contact with the National Legislative
Department of the APWU. He/she shall maintain current and accurate information on
Legislative issues of importance to members. He/she shall keep the membership
informed on such matters and solicit their involvement when beneficial. He/she shall be a
member of the General Executive Board. He/she shall be reimbursed the payment of
dues. His/her salary shall be One Hundred Fifty Dollars ($150.00) per month. He/she
shall be elected by the general membership.
ARTICLE VI
EXECUTIVE BOARD
SECTION 1.
The Executive Board shall consist of all Elective Officers of the APWU
Portland Maine Area Local.
SECTION 2.
The Executive Board shall meet at the call of the General President at any
time or at the request of a majority of the Board. At such meetings the good and welfare
of the organization and its membership shall be discussed.
SECTION 3.
The General President shall preside at the meetings of the Board and the
Recording Secretary shall act as secretary for the Board and report the proceedings and
findings of the Board at the next general meeting of the Local.
SECTION 4.
The Board may act in all matters inviting its immediate attention including
the authorization of necessary expenditures over the amount of Five Hundred dollars
($500.00) with a ceiling of Two Thousand dollars ($2,000.00).
SECTION 5.
The Executive Board shall have the authority to immediately appoint a
successor to fill the permanent vacancy of the General Vice President if that position
should become vacant before the end of his/her term, until a general membership
meeting decides to hold a special election or to accept the appointee of the Board for the
remainder of the term.
SECTION 6.
Five (5) members shall constitute a quorum at all Executive Board Meetings.
ARTICLE VII
REVENUES
SECTION 1.
The dues for each Active member shall be Eleven dollars and Ninety-Seven
cents ($11.97) per pay period effective November 27, 1993, plus any future increases by
the National Union. The dues of each Honorary member shall be Seven dollars ($7.00)
per pay period effective April 13, 1996, plus any future increases by the National Union.
The dues of each Retired member shall be Three dollars ($3.00) per year payable in
advance.
SECTION 2.
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 or disciplinary suspension. The Local shall not charge the member for dues during
the period but shall continue to keep that employee as a member in good standing.
SECTION 3.
All revenues returned to the Local from the Parent organization as part of
premiums paid on the Hospital Plan shall revert to the Treasury of the Local to be used
for the benefit of Hospital Plan members.
ARTICLE VIII
MEETINGS
SECTION 1.
The regular meetings of this Local will be held monthly, except that the
previous membership meeting may vote to suspend meetings during the months of JULY,
AUGUST and DECEMBER.
SECTION 2.
The regular monthly meetings shall be the second Thursday of the month.
A minimum of two meetings during each calendar year will be held at a time that is
opportune for the majority of members working on each shift respectively.
For T/1 shift members, the two months established are January and February and the
time is established as 8:00am.
For T/2 shift members, the two months established are April and May and the time is
established as 6:30pm.
For T/3 shift members, the two months established are September and October and the
time is established as 12:00pm.
The date and time of a meeting designed to accommodate a specific tour may be
changed in advance by a majority vote at the previous membership meeting.
The March, June, July, August, November and December meetings will be held at
6:30pm unless decided otherwise by a majority vote at the previous membership meeting.
SECTION 3.
Only Active members in good standing or National Officers shall be allowed
to attend meetings of this Local, except that after a meeting is called to order others may
be admitted by a majority vote and shall be asked to leave at the request of any member
with a majority vote of those present.
SECTION 4.
Special meetings may be called by the President at his discretion or upon
request to the President by a majority of the Executive Board or by petition of twenty-five
(25) members in good standing in the APWU Portland Maine Area Local. The members
so requesting a “Special meeting” are obligated to attend unless a valid reason is given
from the originator of the petition. Written notices of all “Special meetings” must be posted
in the Main Office and all Stations three (3) days or more before the opening of the
meeting. Only such business as the “Special meeting” is called to consider shall be
transacted.
SECTION 5.
All meetings shall start promptly at the scheduled time and be limited to two
and one-half (2 ½) hours and may be extended by a 2/3 vote of members present. Fifteen
members shall constitute a quorum for a regular meeting.
SECTION 6.
No member shall, without authority, divulge to non-members or Honorary
members any of the proceedings of this Local.
ARTICLE IX
ELECTIONS
SECTION 1.
ELIGIBILITY:
Any member in good standing for at least one (1) year shall be eligible to be a candidate
for elective office or a Convention delegate.
SECTION 2.
NOTIFICATIONS:
On or before the first day of February the Recording Secretary shall post notices in every
unit of the Portland Post Office and send notice to every affiliated office concerning
elections to be held for the ensuing term. These notices shall contain the titles of the
offices and the various conventions for which elections will be held that year. The number
of delegates to the State and National Conventions, provided funds are available, shall be
decided the night of nominations.
SECTION 3.
NOMINATIONS:
An eligible member who desires to be a candidate for Office or Convention delegate may
submit a letter to the Recording Secretary stating the Office he/she wishes to seek or the
Convention he/she wishes to attend. Nominations will be made from the floor at the
February general meeting, at which time nominations shall be closed. Offices will be
listed in the same order as they appear in Article V of this Constitution. Names of
individuals will be listed alphabetically.
SECTION 4.
ELECTION COMMITTEE:
The General President shall name the election committee at the February general
membership meeting.
SECTION 5.
MAILING OF BALLOTS:
A. The Election Committee shall be responsible for the mailing of ballots. The ballots
shall be mailed at least fifteen (15) days prior to the date of the general meeting the
election will be held. Ballots will be mailed to the last known address of all Active
members of the Local. To be eligible to receive a ballot you must be a member by the
date of the February meeting in the year of election. A special post office box shall be
retained for receipt of ballots.
B. The ballots will be mailed as follows:
1. One business reply envelope addressed to the Election Committee at a designated
post office box.
2. One plain envelope clearly marked “Ballot Only”.
3. Necessary Ballot according to Craft involved.
4. Instructions for marking ballots.
5. Notice of date and time ballots must be returned by.
6. There shall be two (2) separate ballots mailed to each voting member.
One (1) general ballot, marked “General Ballot”, of candidates for General Offices
to be sent to all eligible voters, and one (1) Craft ballot marked “(Name of Craft)
Craft Ballot” of candidates for Craft Offices of that particular Craft and sent only to
members of that particular Craft.
SECTION 6.
MARKING OF BALLOTS:
The members shall indicate their preference of candidates by placing a clearly identifiable
mark in the space provided on the ballot. The ballot shall then be placed in the unmarked
envelope printed “Ballots Only”, sealed, and placed in the business reply envelope. The
voter’s name and return address will be placed in the upper left hand corner of the
business reply envelope. Upon receipt of the ballots at the post office box they will be
placed in safe keeping until the day of the general membership meeting in March. The
Election Committee will call for the ballots at noon of this day.
SECTION 7.
SECRECY OF BALLOTS:
The Election Committee must assure the secrecy of ballots in the following manner: They
will first check the return names on the outside mailing envelope against the membership
list. After checking the return names they will proceed to remove from the qualified
envelopes the unmarked inside envelope printed “Ballots Only” and drop them into a
container. After this function has been completed the Election Committee will stir the
envelopes printed “Ballots Only” to assure they are thoroughly mixed. They will then
proceed to remove the ballots from the envelopes, dispose of the envelopes, and count
the ballots.
SECTION 8.
NOMINEES ELECTED:
Nominees will be declared elected when they receive more votes than any other
candidate for that office. Ties will be broken by a method agreeable to those people
involved.
SECTION 9
DELEGATES TO CONVENTIONS:
Delegates to Conventions will be decided by the number of votes they receive in
descending order. The number of delegates to the Conventions will be declared elected
in order of votes received and those not in the number selected by motion at the February
meeting will be declared alternates in the order of votes received.
SECTION 10.
SPOILED BALLOTS:
Spoiled ballots will be ballots which bear more than allowable marks by instruction. Illegal
markings on the face of ballots such as witty remarks, etc. will result in those ballots being
declared spoiled.
SECTION 11.
TERM OF OFFICE:
The term of office shall be for two (2) year periods and shall commence on the 1st day of
April following the election. The election of officers shall be held in even numbered years.
SECTION 12.
BALLOTS:
All ballots will be saved for a period of one (1) year according to the law.
SECTION 13.
VOTING:
No member shall vote by proxy.
ARTICLE X
GRIEVANCES
Grievance procedures shall be utilized in accordance with the National Agreement
between the U.S. Postal Service and the American Postal Workers Union, AFL-CIO.
ARTICLE XI
AMENDMENTS
The Constitution and By-Laws shall be amended or changed only by a two-thirds (2/3)
majority of all members present at a regular meeting. Notice of such proposed
amendments or repeal shall be given in writing and read at the previous meeting and
posted publicly immediately with the notice of the next meeting when they will be voted
on. The property of this Local will include a substantial record book in which the
Constitution will be written, leaving every other page blank, and whenever an amendment
is passed it will be immediately entered by the Recording Secretary on the page opposite
to the Article amended, with a reference in red ink to the date and page of the minutes
where it is recorded. By-Laws and amendments will be recorded in the same book.
ARTICLE XII
DISBURSEMENTS
Any expenditures in excess of Fifty dollars ($50.00) for use in sponsoring of events or
charitable contributions must be posted on the Union bulletin board for a period of at least
twenty-five (25) days before being voted on at a general membership meeting.
ARTICLE XIII
ACCIDENT BENEFIT ASSOCIATION
All members in good standing shall be eligible for membership in the APWU/Accident
Benefit Association, the terms and conditions of such membership to be governed by the
Constitution of that Association.
ARTICLE XIV
COMPENSATION
SECTION 1.
Pay and legitimate expenses shall be paid to officers and/or members
absent from their normal tours of duty in pursuit of Local Union Business. Additional pay
may be authorized when deemed appropriate. Premium pay will not be compensable for
absences of eight (8) hours or more.
SECTION 2.
Whenever it becomes necessary for Craft Directors to take time off from
their scheduled tour to attend Labor/Management meetings, they shall be authorized pay
at their post office hourly rate.
SECTION 3.
Stewards will be eligible for full dues rebate after serving as steward for one
(1) continuous year. The rebate will be for dues paid for the previous quarter and will be
due quarterly in the months of January, April, July, and October. The rebate will continue
for the duration of the steward appointment. The initial rebate will be retroactive to
January of 1999, which covers the quarter of October, November, and December of
1998.
ARTICLE XV
LOCAL AND MEMBERSHIP PROTECTION
All charges of misconduct against an officer or member of this Local shall be
processed in accordance with Article XV of the American Postal Workers
Union, AFL-CIO, National Constitution and Bylaws.
ARTICLE XVI
INSPECTION OF RECORDS
All records of this Local shall be subject to inspection at any time, either by a committee
appointed by the General President or by the Executive Board or by a committee elected
by the members at a regular or Special meeting.
ARTICLE XVII
PROHIBITIONS
No criticism, reflection, argument or debate, touching on any member’s creed, color,
nationality, sex, religion, political affiliation or mental or physical handicap shall be allowed
at any meeting of this Local.
ARTICLE XVIII
NATIONAL PER CAPITA ASSESSMENT
The Local will pay the national per capita assessment for one Auxiliary member for each
member of the local. The current assessment per member is $5.00/year.
BY-LAWS
SECTION 1. Members must notify the Recording Secretary of any change of address.
SECTION 2. Any member desiring to speak on a subject under consideration must
arise and address the Chairman, and such member shall not proceed until recognized by
the Chair.
SECTION 3. No member shall speak twice on the same question before the meeting if
another member wishes to be heard.
SECTION 4. All motions must be stated by the Chairman before they can be debated.
SECTION 5. Any member of this Local who furthers the interests of any other
organization to the detriment of this Union, shall have charges filed against him and if
convicted shall be expelled from this Union. A two-thirds (2/3) vote will be required to
expel a member under this section.
SECTION 6. ORDER OF BUSINESS:
A. Roll call of Officers.
B. Reading of minutes of previous meeting.
C. Reading of bills.
D. Application for membership.
E. Officer’s Reports.
F. Committee Reports.
G. Unfinished Business.
H. New Business.
I. Good of the Organization.
J. Adjournment.
SECTION 7. Robert’s Rules of Order shall be the authority on all questions not covered
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