CONSTITUTION
AND
BYLAWS
of
the
of
the
AMERICAN POSTAL
WORKERS
AMENDED APRIL 23,
2004
BY VOTE AT THE
ARTICLE 1 - NAME
This organization shall be known as the New Mexico Postal
Workers Union, AFL-CIO.
ARTICLE II - OBJECTIVES
Section 1. The objectives of the
NMPWU shall be to take a leadership role in all matters of legislation that may
concern our members, to further the education of the members by developing a
well rounded training program and presenting that program through assemblies
throughout the state, and developing an aggressive organizing program in
conjunction with the member locals to increase our membership in the APWU and
the Auxiliary.
Section 2. This State organization
favors an amalgamation of all postal employee organizations and an affiliation
with the American Federation of Labor and the Congress of Industrial
Organizations.
ARTICLE III - MEMBERSHIP
Section 1. Any local or
member-at-large in the State of
Section 2. 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 3. Honorary Members - Any
person may be elected to honorary membership subject to action of the
Convention.
Section 4. No criticism,
reflection, argument or debate touching on any member?s race, color, creed, sex, sexual orientation,
nationality, handicap, political affiliation, age or religion shall be allowed
at any meetings of the State Union.
ARTICLE IV - CONVENTIONS AND ASSEMBLIES
Section 1. This State Union shall
meet annually between April 15 and May 31 at a place determined by the host
district.
In the event that the city within this designated district
is not able to host the Convention or assembly, the State President and the
District Vice President shall be advised ninety (90) days prior to the
scheduled Convention date.
Section 2. Sites for the annual
Convention or assembly shall be alternating districts between North and South.
Section 3. Not more than three
hundred dollars ($300.00) each year shall be allowed from the treasury of this
Section 4. Money spent by hosting
cities must be approved in advance by the State Executive Board. A budget
proposal must be submitted six (6) months prior to the State Convention to the
Executive Board itemizing how the three hundred ($300.00) being obligated by
the State is to be spent.
Section 5. The State Executive
Board has the authority to make a determination to move the Convention site at
any point after the Convention site has been selected, if the Executive Board
feels, by majority vote, that it is in the best
interest of the members of the
NMPWU. The President would have the authority to select the new site. The
Executive Board should be prepared to explain to the delegates why it was
necessary to move the site.
Section 6. In the event the
Convention or assembly is held at an alternate city, all designated Convention
funds not spent by the original host district and all funds not authorized by
the State Executive Board shall be returned to the State within thirty (30)
days and a new check shall be advance consistent with Sections Section 3. Each
local in good standing shall be entitled to one (1) vote for each four (4)
members or fraction thereof of 3 and 4.
ARTICLE V - REPRESENTATION
Section 1. During a Convention year
all delegates will be given an opportunity to submit resolutions in writing up
to no later than 1:30 PM on the first day of the Convention.
Section 2. No local shall be
represented by proxy.
A delegate must be a member in good standing of the local
which he/she represents and must not be employed in any office other than that
of the local which he/she represents.
Section 3. Each local in good
standing shall be entitled to one (1) vote for each four (4) members or fraction
thereof of locals represented at a Convention, and each member of said local
shall be a paid-up State member thirty (30) days prior to the Convention date,
or pro-rated based on amount paid.
A member-at-large shall be entitled to vote one (1) vote,
provided he/she comes from an office of four (4) members or less and one-fourth
(1/4) vote for an office of five (5) members or more.
Section 4. Representation shall be
based on the average membership paid for one year, provided that any local upon
originally joining this State Union, shall be entitled to representation at the
next State Convention. Locals or members-at-large who are delinquent will not
be entitled to representation at Conventions.
Section 5. Alternate delegates may
be seated in the absence of regular delegates upon presentation of proper
credentials.
ARTICLE VI - ELECTION OF OFFICERS AND DELEGATES TO NATIONAL
CONVENTION
Section 1. The elected officers of
this organization shall be the President, two (2) District Vice Presidents, one
(1) of whom shall be designated as Executive Vice President by the Executive
Board, A secretary-Treasurer, and two (2) Trustees. The two districts are North
and South. Trustees will not be members of the Executive Board.
Each respective Division (Clerk, Maintenance and/or Motor
Vehicle) shall elect its own Director, whenever feasible .
All officers shall be elected by secret ballot every two (2)
years. Officers shall assume office on June 1st of the year in which they are
elected.
Section 2. Only members in good
standing are eligible to run for office. Any postal employee eligible to be a
member of the American Postal Workers Union who voluntarily holds a managerial,
supervisory or EAS position with responsibility for issuing or recommending
discipline, or applying or interpreting the National Agreement for the
equivalent of one (1) pay period in a year shall be ineligible to hold office
at any level of the American Postal Workers
Union (APWU) or to be a delegate to any Convention held by
the APWU or any subordinate body of the APWU, so long as the employee continues
to serve in such position and for a period of one (1) year from the time the
employee vacates such position.
Any postal employee who has submitted an application to a
managerial, supervisory or EAS position with responsibility for issuing or
recommending discipline or for applying or interpreting the National Agreement
shall withdraw such application prior to acceptance of nomination for any
office in the APWU.
Section 3. Any member who has
submitted an application to a managerial or supervisory position shall withdraw
such application prior to accepting nomination for any office.
Section 4. Delegates to the
National convention of the APWU shall be elected at the State Convention in the
same year as the National Convention. The President, by virtue of his/her
office, is an automatic delegate to the National Convention. If an alternate
delegate or more than one (1) delegate is to be sent then election will be by
secret ballot. The State Executive Board shall recommend, under unfinished
business, the number of delegates to be sent to the National Convention. The
State election of delegates will take place simultaneously with the election of
officers.
Section 5. The State Convention
shall decide the amount to be paid to the National Convention delegate(s). The
Secretary-Treasurer will give a check to the delegate(s) for the authorized sum
no later than five (5) weeks prior to the opening of the National Convention.
Section 6. Any member in good
standing who wishes to be a candidate for a State office shall be nominated
from the floor of the State Convention or by submitting his/her name to the
Nomination Committee.
Section 7.
(a) No member may run for more than one (1) State Office at
a time.
(b) Should any State Officer resign for any reason during
his/her term of office, said officer shall not be allowed to succeed
himself/herself in the same office.
ARTICLE VII-DUTIES OF OFFICERS
SECTION 1. PRESIDENT - It shall be
the duty of the President to preside over all State Conventions and meetings of
the Executive Board. He/she shall be a member of all committees. The President
shall appoint the necessary committees at each Convention. He/she shall fill,
with the approval of the Executive Board, all vacancies from any cause
whatsoever, subject to the approval of the Executive Board, until such vacancy
is filled by election.
He/she shall submit to each Convention a written report of
his/her official acts during his/her term of office and shall perform such
other duties as this
He/she shall be responsible for the printing and
distribution of all organization material and the State newsletter to be
published at least once a year. Semi-annually, he/she must attend at least one
(1) district meeting and submit a financial report prepared by the
Secretary-Treasurer. The President shall be reimbursed for all receipted reasonable
and necessary expenses while attending State Conventions and seminars including
mileage at the standard IRS rate. The President shall receive one thousand
($1,000) annual salary to be paid in equal
installments at the end of each calendar quarter, and is allowed to be
reimbursed for LWOP taken up to ten (10) days annually. A written report of
his/her activities shall be published once a year.
Section 2. VICE PRESIDENTS - The
Vice Presidents shall preside over all meetings in their respective districts
with the exception of the State Convention and Executive Board meetings. The
Vice Presidents, under the supervision of the President, shall be responsible
for organizational work, both National and State, within their respective
districts, under the supervision of the President. The Vice Presidents shall
received five hundred ($500) annual salary to be paid in equal installments at
the end of each calendar quarter. A written report of their activities shall be
published once a year. In the absence or unavailability of the President or
Secretary-Treasurer, the Vice President may co-sign checks.
The Vice President shall perform other duties as assigned by
the President. The Vice Presidents shall be reimbursed LWOP taken up to four
(4) days annually.
Section 3. SECRETARY-TREASURER -
The Secretary-Treasurer shall keep a record of all proceedings and all other
records of the State organization. He/she shall keep a record of the members of
each local and each member-at-large, showing the name and address of each
member. He/she shall make a written
report to each State Convention of all official acts during the term of office.
He/she shall in a timely manner fill out and complete the
appropriate LM report. The
Secretary-Treasurer shall receive and deposit all monies of this State
organization in a bank which is a member of the Federal Reserve System. He/she
shall submit a written report to each State Convention on all monies received. He/she
shall be bonded for no less than the minimum required by law, the expenses of
which shall be paid by the Organization. The Secretary-Treasurer shall submit,
the day before each Convention, at each Convention, the books of the
organization to the Auditing Committee appointed by the President. He/she shall
notify all locals and members-at-large of all changes in the constitution and
bylaws within sixty (60) days after the State Convention. He/she shall receive
an annual salary of eight hundred ($800) to be paid in equal installments at
the end of each calendar quarter. The Secretary-Treasurer shall be reimbursed
the same as President for travel, lodging, and registration expenses while
attending State functions and the State Convention. He/she must contact the
President once each quarter with an updated, written financial report. The
Secretary-Treasurer will be reimbursed LWOP five (5) days annually.
He/she shall be custodian of all monies of the NMPWU. He/she
shall disburse all monies by check countersigned by the President. He/she shall
submit a written report to the Convention of all monies received and disbursed
and a written report of her/his official acts during his/her term of office.
He/she shall perform other duties as assigned by the President.
ARTICLE VII - DUTIES OF OFFICERS
Section 4. CRAFT DIRECTORS: Where a
Division Director exists it shall be the duty of the person holding that
position (Clerk, Maintenance and/or Motor Vehicle) to work under the direction
of the President and to meet with their Division members prior to, during or
after the Convention to update them on the issues of concern and contract
language pertaining to each named Division.
Section 5. EXECUTIVE BOARD: The
Executive Board of this
ARTICLE VIII - VACANCIES
In the event of the death, resignation or removal as a
result of charges or recall of the President, the Secretary-Treasurer shall
immediately advise the Executive Vice President of such vacancy. The Executive
Vice President immediately will assume the duties of the President and serve
out the unexpired term of his/her predecessor. The President shall appoint from
all eligible members of the State of
ARTICLE IX - COMMITTEES
Section 1. Auditing
Committee: The completed annual audit report shall be submitted in writing to
the Convention and Assembly. A yearly financial report shall be provided
to every local president within the NMPWU and to the NMPWU Executive Board
members and a copy reproduced for the Convention. This committee shall include
two (2) Trustees, and the Secretary-Treasurer, who should be available at every
audit to provide information and the required records.
Section 2. Budget Committee: The
Budget Committee, which shall include the President and Secretary-Treasurer of
the NMPWU, shall prepare a budge for the next two (2) fiscal years. This
committee shall meet within sixty (60) days after the State Convention to
consider the budget. Their report shall be presented to the President within
ten (10) days, and the President shall cause it to be printed in the NMPWU
official publication. The budget must be approved at the State Convention.
Section 3. Scheme, Mechanization
and Automation Committee: When necessary this Committee shall be appointed by
the President to correlate and disseminate all information pertaining to schemes,
mechanization and automation. The committee shall work with the NMPWU to
distribute information to member locals and also to provide locals with the
method of presenting their ideas to the National officers charged with the
responsibility in these areas. Receipted reasonable and necessary expenses of
the Committee shall be paid by the NMPWU.
Section 4. Other Committees: There
may be, upon the decision of the Executive Board or Convention delegates,
Constitution & By-Laws, Education, Organization, Human Relations and
Legislation Committees.
A program and/or report shall be prepared by each committee
to be presented to the Convention. The President shall appoint the members of
each committee in addition to two (2) sergeants-of-arms.
Section 5. Publication and
Publicity Committee: This Committee shall be responsible for the public
relations policies of this
ARTICLE X - REVENUES AND FISCAL YEAR
Section 1. The fiscal year of the
New Mexico Postal Workers Union shall begin on January 1 and end December 31.
Section 2. The revenues of the New
Mexico Postal Workers Union shall be derived from a per capita tax of two
dollars and no cents ($2.00) per year per member from all affiliated local
unions and members-at-large in the State. The per capita tax is payable yearly
by February 28. The Secretary/Treasurer will notify each local in writing by
January 5 that dues are payable by February 28.
Section 3. Any Local or
member-at-large affiliated with this Organization which fails to pay its per
capita tax on or before the month after it is levied shall be notified by the
Secretary-Treasurer. If at the end of three (3) months they are still in
arrears, a notice of suspension shall be given in writing to the delinquent
Local or member-at-large that if they fail to bring their dues current within
thirty (30) days the Local/member shall be dropped from the rolls.
Section 4(a). It shall be the
financial policy of the NMPWU to maintain a budget not to exceed ten percent
(10%) of the established budget as approved by the Convention.
Section 4(b). In the event any
expenditure(s) exceeds the ten percent ( 10%),
Executive Board approval must be granted prior to make that expenditure.
Section 5. The President shall have
the authority to spend up to two-hundred fifty dollars ($250.00) per month for
receipted necessary operating expenses. These expenses must be within the
budget of the NMPWU.
ARTICLE XI - RECALL
Section 1. Upon having sufficient
proof that an officer(s) has acted dishonestly or otherwise detrimental to the best
interest of the membership, twenty-five percent (25%) of all the members
eligible to vote for the officer(s) can file a petition for recall with the
Executive Board. The petition shall include the Social Security number and
Local of each signer.
Section 2. A copy of the charges,
which shall be made in duplicate form, must be submitted with petitions for
recall. The Executive Board shall send one (1) copy of the charges to the
officer(s) against whom the charges have been preferred. The officer(s) who has
had recall proceedings filed against him/her shall be given an opportunity for
defense at an official hearing by the Executive Board. Fifteen (15) days shall
be allowed him/her to reply to the charges, same to be in writing. If, after
fifteen (15) days the Executive Board has failed to receive a reply, it shall
proceed with the recall election. Copies of the charges and the reply, each of
which shall contain no more than one thousand (1,000) words, and a statement
from the Executive Board shall be sent out with each ballot. It shall require
two thirds (2/3) of the votes cast to recall an officer(s).
ARTICLE XII - LOCAL AND MEMBERSHIP PROTECTION
The following shall constitute offenses, the commission of
which shall subject any officer or member of the New Mexico Postal Workers
Union to disciplinary action as set forth herein:
Section 1. a) Violating any
provision of the Constitution or Bylaws or failure to perform duties or
functions specified or required therein.
b.) Engaging in a movement which has for its purpose the
fostering of a rival organization.
c). Violating the right of members to be free from
discrimination on the basis of race, color, creed, sex, sexual orientation,
nationality, handicap, political affiliation, age or religion.
d). Engaging in conduct that would expose the New Mexico
Postal Workers Union to civil liability.
e). Joining or lending active support to any organization or
movement whose purposes and objectives are contrary to the fundamental
principles of the Government of the United States of America.
f ). An officer or member found guilty of any of the
foregoing after the filing of charges and the holding of hearings and other
procedures as prescribed in this Article, may be disciplined by probation,
suspension, expulsion, or other appropriate disciplinary action.
Section 2. a) The State Executive
Board shall constitute the trial board before which hearings on charges may be
held. In cases in which a State Executive Board hearing officer(s) is
appointed, such hearing officers(s) shall hold such trial under such trial
procedure as shall be determined by the trial board; shall make findings of
fact and conclusions of law
in respect to such charges; and
shall recommend to the trial board what 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.
b). Any decision or disposition of charges by the elected
trial board shall be reduced to writing and submitted as a report to the
Secretary-Treasurer of the State 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-Treasurer of the Union shall read it at the next
Convention and, in the event of a guilty verdict, submit 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
shall be acted upon by the State Convention or mailed out to the Locals for
acceptance by majority vote. 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 cannot take effect unless confirmed by
two-thirds (2/3) of the votes cast at the State Convention or by two-thirds
(2/3) vote of referendum on the recommended disciplinary action. The affected
member/officer shall have ten (10) days to submit a written reply to the
report. The report and the reply from the affected member/officer, if
submitted, each of which all contain no more than one thousand (1,000) words,
shall be presented to the State Convention or sent out with each ballot.
Section 3. a).
Any person against whom disciplinary action has been taken or, whose charges
have been dismissed in whole or part, shall have the right to appeal as
follows:
b). From the disciplinary action or
dismissal of charges by the union, (1) to the National Executive Board, and (2)
to the National Convention.
c). From the disciplinary action of
or dismissal of the charges by the National Executive Board to the National
Convention.
d). In acting as an appeal board, the National Executive
Board may appoint one (1) or more National Union Officer(s), who shall be impartial,
to act for it for the purpose of hearing any appeal, in which case the member
so named shall make recommendation to the National Executive Board concerning
the disposition of the appeal, and it shall determine for itself what final
disposition shall be made of the appeal.
e). Appeals shall be taken within a reasonable time not to
exceed thirty (30) days from the date that notice of disposition of the charges
or disposition of any intermediate appeal is received; provided, however, that
the appellate body may, in its discretion, extend such time for appeal if
circumstances so warrant. Appeals shall be in writing and shall state the basis
of the appeal. The appellant shall be permitted to present such appeal in
person before any appellate tribunal, provided, however that in the case of an
appeal to a National Convention, such personal appeal shall be limited to
appearance before the Convention committee established to deal with appeals
unless such appeals committee or the Convention itself determines to permit a
personal appearance before the National Convention.
f). Individuals against whom disciplinary action has been taken shall be obligated to exhaust all remedies provided for in this Article and in the Constitution before resorting to a court of law or other tribunal.