APWU of Iowa   

C O N S T I T U T I O N

AND

B Y - L A W S

THE

DES MOINES BULK MAIL CENTER, LOCAL #7027

OF THE

AMERICAN POSTAL WORKERS UNION, AFL-CIO

Revised - August 15, 1998

ARTICLE 1: TITLE

This organization, by virtue of a charter granted by the American Postal Workers Union, AFL-CIO, shall be known as the Des Moines Bulk Mail Center Local, #7027, Des Moines, Iowa.

ARTICLE 2: OBJECTIVES

Section 1.

It shall be the objective of the Des Moines APWU Local to secure through collective bargaining and legislative effort a better standard of living for the members of the Des Moines BMC Local #7027 and their families.

Section 2.

The Des Moines Bulk Mail Center Local #7027 affirms its belief in a single union of all Postal Workers in non-supervisory levels. The Des Moines Bulk Mail Center Local #7027 will make every effort to bring into being a single union of all Postal Workers by mergers with other Postal unions, and initiating intensive, all-out organizing campaigns reflecting the BMC APWU philosophy.

Section 3.

The BMC Local will vigorously oppose any labor union outside of the Postal Service moving into the Postal Service Union field.

Section 4.

The BMC Local will continue to organize the unorganized.

Section 5.

To unite with one organization, regardless of sex, race, age, creed, color or political affiliation or nationality, all employees under the jurisdiction of the Des Moines Bulk Mail Center, Local #7027.

Section 6.

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 the interest of all labor. To work for the repeal of laws which are unjust 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. To educate all members in the areas of economic, political and social justice.

Section 7.

To engage in legislative and political education, civic welfare and other activities which further, directly or indirectly, the joint interest of the members of the Des Moines Bulk Mail Center Local #7027 and the improvement of general economic and social conditions of the UNITED STATES OF AMERICA.

SECTION 8.

To work as an autonomous union affiliated with the American Federation of Labor - Congress of Industrial Organizations, together with other local and state unions for the solidification of the entire Labor Movement and to have the same rights and benefits which include the right to strike.

Section 9.

To affiliate with, support and participate in, the activities of all related organizations such as state federations, local central body, AFL-CIO and the Iowa Federation of Labor, as directed by the Des Moines BMC Local #7027 membership.

ARTICLE 3: MEMBERSHIP AND DUES

Section 1.

Any person employed by the United States Postal Service, in the jurisdiction claimed by the local, in a non-supervisory position, is eligible for active membership.

Section 2.

Application for membership in this local shall be made by the submission of the appropriate dues withholding form to the Recording Secretary. Those accepted for membership shall pay dues as set by the local. A suspended member may be reinstated in this local upon payment of all delinquent dues and then he/she must comply with this article for reinstatement to membership.

Section 3.

There shall be four (4) categories of members in this local;

1) Active, 2) Associate, 3) Retired, 4) Honorary

1) Active membership (voting member) shall be any person employed in a non-supervisory position under this Union's jurisdiction.

2) Associate membership shall be employees in a supervisory position, or past members who are no longer employees, who wish to retain fringe benefits (insurance, etc.) and receive official publications.

3) Retired membership shall consist of retired members. Any Retired member who wishes to remain an Active member with full voting rights and the right to represent this local as a

delegate may do so by paying the full per-capita tax as set by this local. Any Retired member exercising this right will be considered an Active member.

4) Honorary members shall be any person nominated and accepted to honorary membership by this local.

5) Associate, Retired or Honorary members shall not be eligible to vote, hold office or represent this local as a delegate (except as provided for in paragraph 3 above).

6) Any member leaving the Postal Service because of Union activity with organizations to whom the Des Moines Bulk Mail Center Local #7027 pays per-capita tax shall be considered an active member, and shall continue to pay Local and National per-capita dues.

Section 4. Dues

A) Active members shall pay 100% of the dues set by this local.

B) Associate members shall pay no less than 50% of the regular monthly dues.

C) Retired members shall pay no dues (except as provided for in section 3, paragraph 3, above).

D) Honorary members shall pay no dues.

E) The monthly dues structure shall be changed only by majority vote, taken by secret ballot, of the members present at two consecutive monthly meetings.

F) Special assessments shall be proposed by the Local Executive Board, who shall post the proposition for ten (10) days prior to the next regular Union meeting of the general membership. At said meeting, a vote on the special assessment shall be conducted by secret ballot and a two-thirds (2/3) approval shall be required to pass the assessment.

No assessment shall run more than six (6) months from the time it is assessed.

G) Dues shall be due and payable on the first of each month.

ARTICLE 4: OFFICERS AND DELEGATES

THEIR ELECTION AND QUALIFICATIONS

Section 1.

Officers of the Local shall consist of a President, Vice-President, Recording Secretary, Treasurer, Editor, Clerk Craft Director, Maintenance Craft Director, Motor Vehicle Craft Director, and a Board of Trustees consisting of three members.

Section 2.

Candidates for officers of this Local shall be nominated for a two (2) year term at the January and February meetings in odd numbered years. The ballots shall be mailed within five (5) days after the February meeting, and must be returned by the 10th of March. The candidates receiving the greatest number of votes shall be declared elected. New officers shall be installed at the March meeting.

Section 3.

No member may be a candidate for more than one (1) elective office in this Union. Any member nominated for more than one office shall select the office for which he/she is going to run no later than the close of nominations of the February meeting. No member shall be considered a candidate until written acceptance of their nomination is received by the chair of the Election Committee. The deadline for such acceptance shall be the close of nominations of the February meeting.

Section 4.

Election shall be by secret ballot conducted by mail. No member shall vote by proxy.

Section 5.

All officers shall be elected by the general membership, except Craft Directors, who shall be elected by their respective crafts.

Section 6

The President shall be an automatic delegate to the APWU National convention. The President and Craft Directors will be automatic delegates to the APWU State Convention. The Executive Board shall determine the delegates, selected from the roles of officers and/or stewards, to attend the Tri-State convention. The Executive Board shall determine the number of delegates to attend the National and Iowa Federation of Labor Conventions.

Section 7.

Any member attending less than twenty-five percent (25%) of the regular meetings of the Local, within the current fiscal year, shall be ineligible for nomination or election as an officer of this Local or as a delegate to any of the conventions named in this Article. Fiscal for all purposes of this Article shall be March 1st through the last day of February.

Section 8.

For the purpose of eligibility for office any member who is absent from a regular meeting for reasons of sickness, military duty, emergencies or on authorized Union business during the hours of the regular meeting, upon written application to the Recording Secretary before the next regular meeting, shall be credited with being in attendance.

Section 9.

No member of this Local shall hold office (shall resign his/her office immediately) or serve this Local in any capacity while serving for management in any EAS (management) position. No member shall be eligible to run for elected office one (1) year from the date he/she last acted in capacity of management.

ARTICLE 5: DUTIES OF OFFICERS

Section 1.

Officers of the Local shall consist of a President, Vice-President, Recording Secretary, Treasurer, Editor, Clerk Craft Director, Maintenance Craft Director, Motor Vehicle Craft Director, and a Board of Trustees consisting of three members.

Section 2.

It shall be the duty of the President to have charge of all the general welfare of the Local, and to promote its interest in such ways as seems to him/her advisable, or as he/she may be directed by the Local. He/she shall preside at all meetings of the Local (general and craft) and of the Executive Board. He/she shall have charge of the access to all papers, records, and documents of the Local. He/she shall appoint all Stewards after consulting Craft Directors as to their recommendations for appointment. He/she shall appoint all committees. Should any office become vacant, for any reason, the President shall make an interim appointment which must be approved by the Executive Board. He/she shall countersign all checks drawn on the treasury by the Treasurer.

Section 3.

The Vice-President shall perform the duties of the President in the latter’s absence or disability and shall be assistant to the President. In the event of the permanent absence of the President the Vice-President shall become the President. He/she shall perform such other duties as the President may direct. The Vice-President shall serve as OWCP and Hospital Plan representative for the Local and shall inform the membership of major changes in the OWCP and Hospital Plan programs.

Section 4.

The Recording Secretary shall keep a correct record of all members, their addresses, and attendance of all meetings. He/she shall keep an accurate record of the proceedings of all regular, special, craft and Executive Board meetings. He/she shall notify the members of meetings of the Local. It shall be his/her responsibility to take care of the official correspondence and all mailings of the Local. He/she shall perform such other duties as the President may direct.

Section 5.

The Treasurer shall be the custodian of the funds of the Local. He/she shall countersign with the President all checks drawn on the Treasury. He/she shall have charge of the collection of all dues of the Local. He/she shall submit a report of the financial condition of the Local at each regular meeting and at other times as directed by the membership or the Executive Board. He/she shall perform such other duties as the President may direct.

Section 6.

Craft Directors shall have charge of the general welfare of their respective craft and promote its interest under the direction of the President. They shall act as Chief Steward in their respective craft. They shall perform such other duties as the President may direct.

Section 7.

The Editor shall be responsible for the coordination of the Local’s newsletter material to insure that it is published and mailed to the membership. The Editor shall be responsible for distributing and displaying pertinent and timely material on union bulletin boards and literature racks. The Editor shall perform such other duties as the Local President may direct.

Section 8.

The Executive Board shall be the governing body of the Local. It shall keep a current accurate record of all property of the Local. The Executive Board shall be responsible for the financial welfare of the Local.

(A) During the month of March the Executive Board shall insure that an audit shall be performed and presented at the March meeting of each year.

(B) Upon installation the Executive Board shall determine the budget guidelines for the following year to be presented at the April meeting for approval of the general membership.

(1) For expenditures not covered by budgetary guidelines the Executive Board may authorize expenditures of up to one thousand dollars ($1000.00) per calendar month. All expenditures in excess of one thousand dollars ($1000.00) must be approved by the rank-and-file.

Section 9.

Local officers' salaries shall be paid on a monthly basis at the following rates:

President: Two Hundred Dollars ($200.00)

Vice President: Ninety Dollars ($ 90.00)

Treasurer: Ninety Dollars ($ 90.00)

Secretary: Ninety Dollars ($ 90.00)

Editor: Ninety Dollars ($ 90.00)

Craft Directors:

Clerk Craft: One Hundred Twenty Dollars ($120.00)

Maintenance: One Hundred Twenty Dollars ($120.00)

Motor Vehicle: Ninety Dollars ($ 90.00)

Additionally, any salaried officer serving more than 1 year in any salaried office shall receive an additional 10% of the base pay for the office in which they are serving for each year they have served the local in a salaried office.

The Editor may be granted Union LWOP to publish the Local newsletter with pre-approval of the Local President.

Stewards will be paid an amount equal to the current monthly dues plus Fifteen ($15.00) each month.

Under no circumstance shall any officer draw more than one (1) salary.

ARTICLE 6: MEETINGS

Section 1.

There shall be one (1) regular meeting of the Local each month, the date and time to be determined by the Executive Board.

Section 2.

Special meetings shall be called by the President or on a petition signed by at least eleven (11) members in good standing; the purpose of the meeting to be stated on the petition and the business of the meeting to be confined to the purpose as stated in the petition. Such petition shall be prominently posted upon the official Union bulletin boards for a period of at least forty eight (48) hours before such a meeting is to be called, dating from the time it is called.

ARTICLE 7: CRITICISM PROHIBITED

No criticism, reflection, argument or debate touching any members' creed, color, sex or nationality shall be allowed at any meeting of this Local.

ARTICLE 8: RECALL

A petition for recall signed by at least five (5) members of the Local who have sufficient proof at hand that any officer or officers have acted dishonestly or otherwise detrimental to the best interest of the rank-and-file members, may be filed with the Executive Board. A copy of the charges, which shall be made in duplicate form, must be submitted with the petition for recall. The Executive Board shall send one (1) copy to the officer against whom the charges have been preferred. The officer who has had recall proceedings filed against him/her shall be given an opportunity for defense. Ten days shall be allowed him/her to reply to the charges, same to be in writing. If the officer fails to reply, the Executive Board will proceed with the recall election.

The next following Sunday after the expiration of the ten (10) days, a special meeting of the General Membership shall be called, with a vote taken by secret ballot, on the charges as filed. Prior to such vote, the officer against whom charges have been preferred shall have an opportunity to defend himself/herself either in person, by letter, or through a representative of the officers choice selected from members in good standing of this local. If a majority of the members present sustain the charges as filed, the Executive Board shall proceed with the recall election.

The recall ballot will include the name of the officer, against whom recall has been initiated, the notice of charges, and the officer's reply to said charges (if any). The recall ballot shall be sent to all members of the local and it shall require two-thirds of the vote cast to recall the officer.

ARTICLE 9: INSPECTION OF RECORDS

All records of this Local shall be subject to inspection at any time, either by a committee appointed by the President, or by a committee elected by the members at a regular or special meeting.

ARTICLE 10: CONSTITUTION AMENDMENTS

This Constitution shall stand as the supreme authority of the Local. Amendments, annulments or additions to the Constitution may be proposed by a majority of those present and voting at any regular meeting. The proposed change will be posted the next working day and a combined two-thirds (2/3) majority of those members present and voting at the next two (2) regular meetings will be necessary for ratification. Each member shall have only one (1) vote per each amendment, annulment or addition to the Constitution.

BY-LAWS

ARTICLE 1: ORDER OF BUSINESS

1) Roll Call

2) Reading of the Minutes (of the previous meeting - regular, special or Executive Board)

3) Reading of the Financial Statement

4) Reading of Correspondence

5) Propositions for Membership

6) Reports of Officers:

(President, Vice-President, Recording Secretary, Treasurer, Editor and Craft Directors)

7) Committee Reports

8) Unfinished "Old Business"

9) New Business

10) Adjournment:

All meetings shall be limited to two (2) hours duration unless two-thirds (2/3) of the members present vote to continue.

ARTICLE 2: QUORUM

Five (5) members, including Officers, shall constitute a Quorum.

ARTICLE 3: RULES OF ORDER

In the absence of other authority, the deliberation of this Local shall be governed by "Roberts' Rules of Order".

ARTICLE 4: AMENDMENTS

Amendments to these By Laws may be made in the same manner as prescribed for amendments to the Constitution.

CONSTITUTION

and

BY-LAWS

of the

AMERICAN POSTAL

WORKERS UNION

Des Moines, Iowa Area Local

Affiliated with

the AFL-CIO

As Amended

October 2007

And Effective

January 1, 2008

1. Allows the President to appoint Committee Members between meetings in Article V, Section 2.
2. Expansion of positions appointed by the Executive Board and salary parity of all appointed positions in Article V, Section 10.

1. Mar. 17, 1999 a. Inserted procedure for breaking ties for elections in

Article IV, Section 4.

1. Deleted delegate to Iowa Federation of Labor conventions in Article IV, Section 6.
2. Amended criteria for requesting credit for attendance at regular meetings for Officers and Stewards, in Article IV, Section 8.
3. Limited automatic pay raises for Officers and Stewards in Article V, Section 13.
4. Defined procedures and established limitations on amendments to the constitution.
5. Entered correct salary amounts in Article V.

1. Oct. 3, 1998 Eliminated the positions of Site Coordinators.
2. Sep. 16, 1998 Deleted all references to Special Delivery Craft as a result

of the merger into the Clerk Craft at the national level.

1. Jan. 3, 1998 Article V, Section 14 (deleted) Eliminated Roll Call during Good and Welfare.
2. Dec. 6, 1997 Article V, Section 14-Deleted $100.00 Bonus for Officers and Stewards attending 12 meetings per year.
3. Nov. 1, 1997 Article V, Section 11d-Divided OWCP Rep salary between the total number of OWCP Reps.
4. May 21, 1997 a. Article V, Section 9-Created Title of Chief Trustee. b. Article VI-Added Section 4, Order of succession for presiding at meetings.
5. Mar. 19, 1997 a. Article IV, Section 2-Changed meetings for Nominations

of Officers beginning in 1999.

1. Article V-Moved Legislative Duties from Vice President to Editor.
2. Article VI, Section 1-Eliminated Wednesday meeting in December.

1. Oct. 5, 1996 Article VI, Section 3-Changed time of Wednesday meetings from 7:30 PM to 7:00 PM.
2. Aug. 5, 1995 a. Article V, Section 2a-Authorized transfer of funds from Contingency account to cover Full Time President’s salary. b. Added Articles XII and XIII-Liability and Indemnification of Officers.
3. May 15, 1995 a. Article III, Section 4-Reduced dues for Part Time Regulars. b. Article V, Section 11-Added position of Injury Comp Specialist (OWCP Rep).
4. Mar. 4, 1995 Major re-write of Article V, including establishment of Full Time President, and changed language in Rules Governing Debate.
5. Aug. 6, 1994 Article III, Section 4-Reduced dues for Transitional Employees.
6. Apr. 20, 1994 Article V, Section 14-Awarded credit for meetings with denied LWOP.
7. March 1993 Last issue sent to printer for publication.
8. Oct. 2001 Article III redefined eligibility for membership
9. Oct. 2001 Article IV, Section 1; Article V, Sections 1 and 8 added Support Service Craft Director to Constitution
10. Oct. 2001 Article IV, Section 6.a corrected reference to Art IV.
11. Oct. 2001 Article IV, Section 2 changed nominations to one meeting
12. Oct. 2001 Article IV, Section 3 removed requirement to be at nominating meeting
13. Oct. 2001 Article IV, Section 6 changed nomination of delegates to single nomination meeting
14. Oct. 2001 Article IV, Section 7 removed reference to PASS program
15. Oct. 2003 Article III, Section 5, b. inserted strike and lockout.
16. Oct. 2003 Article IV, Section 4, Election by mail only.
17. Oct. 2003 Article IV, Section 6, changed delegates at large determination day.
18. Oct. 2004 Article XIV New Article adopting the APWU 401(k) program.
19. Oct. 2004 Article VIII, Strike old language and go to Nat. Article XIV and XV.
20. Oct. 2004 Article X, Allow amendment to prior to January 1.
21. Oct. 2004 By Laws Article II, Change quorum definition to 11 members.
22. Oct. 2004 Article V, Allow Ex Bd. to expend up to $10,000 up from $1,500.
23. Oct. 2004 Article V, Section 12, Strike entire section and renumber.
24. Oct. 2005 Article XV, Strike Board New Article
25. Oct. 2006 Article V, Section 2, 1,200 dues paying members change.
26. Oct. 2006 Article VI, Remove Saturday in January meeting, and allow a meeting to be suspended by majority vote at one meeting.
27. Oct. 2006 Article V, Salaries corrected as of January 2007.
28. Sep. 2007 Article V, insert (and remove) after shall appoint.
29. Sep. 2007 Article VII, Insert New Section 2.
30. Sep. 2007 Article V, Salaries corrected as of January 2008.

CONSTITUTION

ARTICLE NO. SUBJECT PAGE

Article I Title 5 Article II Objectives 5

Article III Membership and dues 6

Article IV Officers and Delegates, their Election

and Qualifications 7

Article V Duties of Officers and Compensation 9

Article VI Meetings 13

Article VII Criticism Prohibited 14

Article VIII Recall 14

Article IX Inspection of Records 15

Article X Constitution Amendments 15

Article XI Conventions 16

Article XII Personal Liability of Officers 16

Article XIII Indemnification of Officers 16

Article XIV 401(k)……………… 16

Article XV Strike Board………………………………17

BY-LAWS

Article I Order of Business 17

Article II Quorum 18

Article III Rules of Order 18

Article IV Amendments 18

Article V Rules Governing Debate 18

Article VI Motions 18

Article VII Privileged Questions 20

ARTICLE I

Title

The name of this organization shall be the Des Moines, Iowa Area Local, American Postal Workers Union, AFLCIO, hereinafter known as DMI Area Local APWU. (1988)

ARTICLE II

Objectives

Section 1. It shall be the objective of the DMI Area Local APWU to secure through collective bargaining and legislative effort a better standard of living for the members of the DMI Area Local APWU and their families. (1988)

Section 2. The DMI Area Local APWU affirms its belief in a single union of all postal workers in non-supervisory levels. The DMI Area Local APWU will make every effort to bring into being a single union of all postal workers by mergers with other postal unions, and initiating intensive all-out organizing campaigns reflecting the DMI Area Local APWU philosophy. (1988)

Section 3. The DMI Area Local APWU will vigorously oppose any labor unions outside the Postal Service moving into the Postal Service union field. (1988)

Section 4. The DMI Area Local APWU will continue to organize the unorganized. (1988)

Section 5. To unite within one organization, regardless of race, color, creed, sex, sexual orientation, nationality, handicap, political affiliation, age or religion, all employees under the jurisdiction of the DMI Area Local APWU. (1993)

Section 6. 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 the interest of all labor. To work for the repeal of laws which are unjust to labor and to 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. (1980)

Section 7. To engage in legislative, political education, civic welfare and other activities which further, directly or indirectly, the joint interest of the members of the DMI Area Local APWU in the improvement of general economic and social conditions in the United States of America. (1980)

Section 8. To work as an autonomous union affiliated with the American Federation of Labor-Congress of Industrial Organizations (AFL-CIO), together with other local and state unions for the solidification of the entire Labor Movement and to have the same rights and benefits, which include the right to strike. (1980)

Section 9. To support, affiliate with and participate in the activities of all related organizations such as State Federations, Local Central Body, AFL-CIO, and Iowa Federation of Labor, as directed by the DMI Area Local APWU membership. (1980)

ARTICLE III

Membership and Dues

Section 1. Any person within the jurisdictional claim of the DMI Area Local APWU employed in a non-supervisory position is eligible for active membership. No person eligible under the above provision, shall be denied membership because of their race, color, creed, sex, sexual orientation, nationality, handicap, political affiliation, age or religion. (2001)

Section 2. Application for membership in the DMI Area Local APWU shall be made by the submission of the appropriate dues withholding form to the Recording Secretary for presentation to the DMI Area Local APWU. A majority vote of those present and voting shall be sufficient to accept the applicant into membership. No member currently paying dues by cash shall lose his/her rights or membership because of this article. If such member becomes delinquent in dues and is suspended, then he/she must comply with this article for reinstatement to membership. Any person may become a member in good standing and remain a member in good standing by remitting upon application and continuing to pay six months or more dues by advance payment. (1988)

Section 3. There shall be four (4) categories of members in this local: Active, Associate, Retired and Honorary. (1980)

a. Active membership (voting member) shall be any person employed in a non-supervisory position under the union's jurisdiction. (1980)

b. Associate membership shall be federal classified employees or employees in supervisory positions. (1980)

c. Retired membership shall be retired employees. (1980)

d. Honorary membership shall be any person nominated and accepted to honorary membership by the DMI Area Local APWU. (1980)

e. Associate, Retired and Honorary members shall not be eligible to vote, hold office or represent this local as delegates. (1980)

f. Any member leaving the Postal Service because of union activity with organizations to whom DMI Area Local APWU pays per-capita tax shall be considered an active member upon receipt of full dues. (1980)

Section 4. Amount of Dues.

a. Active members shall pay 100% of the dues set by DMI Area Local APWU, except those active members classified PS- 1 through PS-3, part-time regulars (PTR’s) (May 15,1995) and all Transitional Employees until there is pay equity with career employees (August 6, 1994) shall pay 75%, including those active members retired from the Postal Service. This amount shall include 100% National per capita tax. (1980)

1. Associate members shall pay $35.00 per annum directly to the National Headquarters for Health Plan participation only, $5.00 of which shall be rebated to the DMI Area Local APWU. (1993)

1. Retired members who wish to retain active status will pay dues at the same rate as PS- I through PS-3, payable monthly. (1988)

1. Honorary members shall pay no dues. (1980)

1. Bi-weekly dues shall be changed only by majority vote of the members present at two (2) consecutive regular meetings. (1980)

Section 5. Collection of Dues.

1. Dues shall be due and payable at the end of each bi-weekly pay period. (1988)
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,strike, lockout, or disciplinary suspension. (1993)
3. Increase shall be in accordance with the National Constitution, Article 11, Section 2. (1980)
4. Special Assessments shall be imposed with the recommendation and approval of the DMI Area Local APWU Executive Board who shall then post the proposition for fifteen (15) days and then call a Special Meeting of the general membership for a two-thirds (2/3) approval with the vote to be held by secret ballot. No assessment shall run for more than six (6) months from the time it is assessed. (1980)

ARTICLE IV

Officers and Delegates:

Their Election and Qualifications

Section 1. Officers of the Local shall consist of a President, Vice-President Financial-Secretary-Treasurer, Recording Secretary, Editor, Sergeant-At-Arms, a Board of Trustees consisting of three (3) members, Director Clerk Craft Division, Director Maintenance Craft Division, Director Motor Vehicle Craft Division, and Support Services Craft Division. All the above shall be voting members of the Executive Board of the DMI Area Local APWU. (2001)

Section 2. The nomination meeting of this local will be the Saturday meeting in March of each election year starting in 2003. All candidates for elected office and elected delegates shall be nominated for a two (2) year term. Terms of office will start in April of the election year. The election shall be completed not less than twenty-one (21) days succeeding the nomination meeting. The outgoing officers shall relinquish their office within thirty (30) days of the official posting of the winning candidates by the Election Committee. (2001)

Section 3. No nominated member may be a candidate for more than one elective office in this union. (2001)

Section 4. Election shall be by secret ballot conducted by mail. No members shall vote by proxy. (1980) In the event of a tie vote, candidates for the office in question shall draw a card from a poker deck with the jokers removed. The candidate drawing the highest card shall be declared the winner. (March 17, 1999)

Section 5. All officers shall be elected by the general membership except Craft Directors, who shall be elected only by their respective crafts. (1980)

Section 6. Delegates to all conventions shall be nominated at the nominationmeeting of the local. The President, by virtue of his/her office, shall attend all conventions including craft conventions as a delegate. The Editor, by virtue of his/her office, shall attend all conventions specified in Art 24.2 of the National Collective Bargaining Agreement as a delegate. The Craft Directors by virtue of their office shall attend the Iowa State Postal Workers Union Convention and the National American Postal Workers Union Convention as a delegate. These automatic delegates will be noted on the ballot. The number of delegates at large to be decided at the meeting prior to thenomination meeting. (2003)

1. Any member in good standing and fulfilling the requirements stipulated in Art IV, Section 7, shall be eligible for nomination and election as delegate to the APWU State and National Conventions. (2001)
2. Only a member of the respective craft shall be eligible for nomination and election as a delegate to Craft Conventions. (1980)
3. Alternate delegates shall be nominated and elected from each craft to attend State and National Conventions in absence of elected Craft Directors. In the event that an elected delegate at large cannot attend the convention the member receiving the next highest number of votes shall be designated as the alternate delegate. (1980)

Section 7. Any Local Officer making application, in writing, for a position of management shall within ten (10) days of that application resign his/her position with the APWU. If such resignation is not forthcoming, the Local Executive Board shall, upon conclusive evidence, declare said office vacant and appoint a successor. (1993)

1. Any postal employee eligible to be a member of the DMI Area Local APWU 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 pay period in a year shall be ineligible to hold office at any level of the DM I Area Local 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. (1993)

1. 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 or Local Agreement shall withdraw such application prior to acceptance of nomination for any office in the DMI Area Local APWU. (1993)

1. Any postal employee who shall voluntarily, after August 31, 1984, holds, accepts or applies for any managerial or supervisory position, orEAS position, for any period of time, whether one day or a fraction thereof, either detailed, acting, probationary or permanently, shall immediately vacate any position (March 4, 1996) held by that member in the national, local, area local, district council, state or regional organization, any department of the APWU, the Postal Press Association, or any subordinate body of the APWU which received financial support or uses the name of the American Postal Workers Union. (1993)

Section 8. Any Officer or Steward absent from a regular meeting may request credit for attendance at the next regular meeting, subject to approval of the membership. (March 17, 1999)

ARTICLE V

Duties of Officers and Compensation

Section 1. The President, Vice-President, Financial Secretary-Treasurer, Recording Secretary, Editor, Sergeant-At-Arms, Board of Trustees, Director Clerk Craft Division, Director Maintenance Craft Division, Director Motor Vehicle Craft Division, and Director Support Services Craft Division shall constitute the voting members of the Executive Board of the DMI Area Local APWU. (2001) The Executive Board shall be the highest governing body of the DMI Area Local between meetings and shall meet at least monthly and/or at the call of the President. The Executive Board shall have charge of all Union affairs during the interim between meetings of this local. (October 20, 1999)The Executive Board shall have the authority to approve expenditures up to $10,000, when necessary, with full reporting at the next regular membership meeting. (2004)

Section 2. It shall be the duty of the President to have charge of the general welfare of the Local, and to promote its interests 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 local (General and Craft) and of the Executive Board. He/she shall have charge of the access to all papers, records, documents and electronic equipment of the local. He/she shall appoint all stewards after consulting Executive Board as to their recommendations for appointment. He/she shall appoint all committees with full reporting at the next meeting. (October 20, 1999) He/she shall be a member of all committees. He/she shall fill all vacancies from any cause whatsoever until such vacancy is filled by election. He/she shall countersign all checks drawn on the treasury by the Financial Secretary Treasurer. He/she shall have the authority to approve an expenditure up to $500.00 when necessary, with full reporting at the next regular membership meeting.

He/she shall assume office if voted full time, part time or half-time within thirty (30) days after results electing him/her to full time, part time or half time, or as soon as all arrangements can be made to assume such duties. The President shall be full time, part time or half time when voted by a majority of the members by a referendum vote or a special meeting called by 20% of the active members for that purpose. He/she may be voted from full time, part time or half time by a majority of the members or a referendum vote called for that purpose.

1. The salary for the President, if he/she is to be a full time officer, shall be established at a special meeting called for that purpose and shall be passed by a majority of those present and voting. (March 4, 1995) The salary of the President normally will be paid from the General Operating Fund (Checking); however, if the financial need arises, this position may be funded from Contingency Fund with the approval of the Financial Secretary and the President with full reporting at the next Regular Meeting. (added August 5, 1995)
2. The President, if not full time, shall be paid the yearly salary of $4,858.00, to be paid quarterly.
3. The President, if full time, shall be in a leave without pay status from the USPS. This position shall be salaried, based on 40 hours per week, Monday through Friday. Said salary shall be equal to Level 10 RC plus 15%). In addition, all cola and contract pay increases shall be automatically granted at this same rate. Any and all benefits normally paid by the USPS shall be assumed by the DMI Area Local. All Leave will be credited as annual leave and advanced at the beginning of each yearly anniversary. On the yearly anniversary of the President’s installation, the maximum amount of leave that may be carried over to the next year shall be 600 hours. Any leave in excess of 600 hours shall be paid at the current rate of pay. Pay days and paid holidays shall coincide with those of the USPS. In the event that the President is unable to serve or is incapacitated for a period exceeding 30 days, the Vice President shall assume his/her position. Travel to and from authorized conventions will be limited to 1 day preceding and 1 day following said conventions. The President will use the time clock when working at the local union hall.

This full time position shall be maintained until such time as the local membership falls below 1,200 dues paying members for 3 consecutive months or until voted otherwise per Article 5 Section 2. (March 4, 1995)

Section 3. The Vice President shall perform the duties of the President in the latter's absence or disability and shall be an assistant to the President. He/she shall perform such other duties as the President may direct. He/she shall serve as the Chief Steward for the local. He/she shall be responsible for all stewards training. He/she shall be responsible for the organizational activities of the local. He/she shall work with all Craft Directors. He/she shall be responsible for review of all Step 2 appeals prior to being discussed at Step 2. He/she shall review all Step 3 appeals prior to them being sent to Step 3 when possible. He/she shall assist the Craft Directors when necessary with all Step 2 discussions. He/she shall be an arbitration advocate for the Local when necessary. The Vice President shall be paid the yearly salary of $2,241.00, to be paid quarterly.

Section 4. The Financial-Secretary-Treasurer shall be the custodian of the funds assets and financial records (March 4, 1995) of the DMI Area Local APWU. He/she shall countersign with the President all checks drawn on the treasury. He/she shall have charge of the collection of all dues of the local. He/she shall submit a detailed report of the financial condition of the local, including a report of all LWOP paid and all expenses incurred, at each regular meeting and at such other times as directed by the membership or the Executive Board. He/she shall perform such other duties as the President may direct. He/she shall have the authority to issue checks for all normal operating expenses of this local including but not limited to utilities, taxes, repairs and maintenance, supplies, per capita taxes, payroll, insurance, postage, etc. The Financial Secretary Treasurer shall be paid the yearly salary of $2,230.00, to be paid quarterly.

Section 5. The Recording Secretary shall keep a correct record of all members and attendance of all meetings. He/she shall keep an accurate record of the proceedings of all regular, special, craft, and Executive Board meetings. He/she shall notify the members of meetings of the local. It shall be his/her responsibility to take care of the official correspondence, mailing list, and all mailings of the Local. He/she shall perform such other duties as the President may direct. He/she shall make sure that all official minutes are properly recorded and prepared for the next meeting. He/she shall make sure there are copies of the previous regular and Executive Board meeting minutes available to the members at the next regular meeting. He/she shall read the roll call of the stewards at the regular meeting. He/she shall be responsible for the official posting of all information on the bulletin boards. (March 4, 1995)The Recording Secretary shall be paid the yearly salary of $783.00, to be paid quarterly.

Section 6. The Editor shall be in charge of the mailing and printing of the paper. He/she shall be responsible for the maintenance and update of the official mailing list. (March 4, 1995) He/she shall be responsible for the legislative activities of the local. (deleted from Art. V, Sect. 3, March 19,1997) He/she shall perform such other duties as the President may direct. The Editor of the DMI Area Local APWU paper shall be paid the yearly salary of $1,325.00, to be paid quarterly.

Section 7. The Sergeant-At-Arms shall be responsible for preparing the local hall both before and after all regular and special meetings. (March 4, 1995) The Sergeant-At-Arms shall be stationed at the door during meetings to see that no one but members in good standing are admitted without the consent of the local. He/she shall perform such other duties as the President may direct. The Sergeant-At-Arms shall be paid the yearly salary of $421.00, to be paid quarterly.

Section 8. The Craft Directors shall have charge of the welfare of their respective crafts. They shall be members of the Local Negotiating Team in regards to their respective crafts (includes general welfare items). They shall assist the Vice-President in stewards training programs and shall take an active part in the regular monthly stewards meetings. The Craft Directors, with respect to their own craft, shall be responsible for all step 2 discussions and their appeals, with the assistance of the President, andVice President. They shall be responsible for the maintenance and update of the bids of their respective crafts, with the exception of the clerk craft. (March 4, 1995) They shall perform such other duties as the President may direct. The Clerk Craft Director shall be paid the yearly salary of $1,588.00, to be paid quarterly. The Maintenance Craft Director, Motor Vehicle Craft Director, and Support Services Craft Director shall be paid the yearly salary of $1,414.00, to be paid quarterly.

Section 9. The Board of Trustees shall present an audit report at least once in each six (6) months at the next regular meeting following the audit. The audit shall be conducted by the Board of Trustees or by a private auditor as directed by the membership. The Board of Trustees shall keep a current accurate record of all property of the local. They shall be responsible for the maintenance of the hall rentals and rental property. They shall make recommendations to the membership concerning the foregoing and perform other duties as directed by the President. The Trustee receiving the most votes will be considered the Chief Trustee, effective upon completion of the current election. (May 21, 1997) Each member of the Board of Trustees shall be paid a yearly salary of $697.00, to be paid quarterly.

Section 10. The Executive Board shall appoint (and remove) all positions in this section. All appointees in this section shall be paid a salary equal to that of a Steward. (October 20, 1999)

1. The APWU Health Plan Representative shall assist members with their dealing with the APWU Health Plan. He/she shall perform such other duties as the President may direct.
2. The Clerk Craft Bid Coordinator will be responsible for the maintenance and update of clerk craft bid records, and shall perform such other duties as the President may direct.
3. The Systems Administrator shall be responsible for the maintenance and upkeep of the computer system, including weekly back-up, virus check, purging old files, training, maintaining system software and hardware documentation, password/security administration and troubleshooting/maintenance. He/she shall perform such other duties as the President may direct. (March 4, 1995)
4. The Injury Compensation Specialist shall assist members with the dealing with on-the-job injuries. (May 15, 1996)
5. The Director of Education shall be charged with the responsibility of conducting educational programs as directed by the President. (October 20, 1999)
6. The Director(s) of Organization shall be responsible for the orientation of new employees, and direct the organization of the unorganized. (October 20, 1999)

Any member appointed to any of the above appointed positions may be removed from such appointed position by majority vote of the Executive Board.

Section 11. Stewards are responsible for investigating and filing all grievances in a timely manner. Stewards are expected to enforce all rights of their stewardship in order to fulfill their obligations to represent the membership. They shall perform such other duties as directed by the President. Stewards will only be removed by petition signed by a majority of the employees in the section(s) they represent, by the President with Executive Board approval, or per Article 4 Section 7C. (March 4, 1995) The Stewards shall be paid the yearly salary of $697.00 each, to be paid quarterly.

Section 12. All future salary increases shall be determined by the percentage of salary increase during the first year only, of all future National Agreements, and shall remain at that level for the life of that agreement, without regard to any additional raises in the agreement. (March 17, 1999)

ARTICLE VI

Meetings

Section 1. There shall be at least two (2) regular meetings of the local during the months of October through April, excluding December. There will not be a Wednesday meeting in the month of December, or a Saturday meeting in January. There shall be at least one (1) regular meeting of the local during the months of May through September. Any regular meeting may be suspended by majority vote of the members present and voting at one regular meeting. (See By-Laws, Article II, Quorum)

Section 2. Special meetings shall be called by the President or on a petition signed by at least 25 members in good standing, the purpose of the meeting to be stated in the petition and the business of the meeting to be confined to the purpose as stated in the petition. Such petition shall be prominently posted upon the official DMI Area Local APWU bulletin board(s) for a period of at least forty-eight (48) hours before such meeting is to be called, dating from the time it is called. (1980)

Section 3. The two (2) regular monthly meetings (October through April) shall be held per the following schedule: First Saturday of the month at 10:00 a.m. and the third Wednesday of the month at 7:00 p.m. (October 5, 1996)

Section 4. The succession for presiding officers of all meetings of the DMI Area Local will be President, Vice President, Secretary-Treasurer, Recording Secretary, Editor, or Trustee. If none of the aforementioned are available or willing, the President may appoint a presiding officer for a specific meeting(s). If the President in not available or capable of appointing a presiding officer, the Executive Board will then appoint one for specific meeting(s). (May 21, 1997)

ARTICLE VII

Criticism Prohibited

Section 1. No criticism, reflection, argument or debate concerning any member's race, color, creed, sex, sexual orientation, nationality, handicap, political affiliation, age or religion shall be allowed at any meeting of the DMI Area Local APWU. (1993)

Section 2. All members will be treated with dignity and respect by all elected and appointed union officials.

ARTICLE VIII

Recall

Refer to National APWU Constitution Articles XIV and XV. (2004)

ARTICLE IX

Inspection of Records

All records of the DMI Area Local APWU shall be subject to inspection at any time, either by a committee appointed by the President, or by a committee elected by the members at a regular or special meeting. (1980)

ARTICLE X

Constitution Amendments

This constitution shall stand as the supreme authority of the DMI Area Local APWU, and shall not be amended or annulled except as follows.

Amendments to this constitution shall be submitted in writing, and may be submitted to the Constitution Committee, or introduced as a Motion for Consideration at a regular meeting. If the Motion for Consideration is passed by a simple majority of those present and voting at the regular meeting, it shall be referred to the Constitution Committee for consideration.

Amendments proposed necessitating immediate action shall be submitted to the Executive Board. If a 2/3 majority vote to approve the amendment, then the January 1^st effective date will be waived. (2004)

The Constitution Committee shall meet as often as is deemed necessary by the President, or the Chair of the committee, but in no case, not later than September 1^st of each year, for the purpose of considering all proposed amendments submitted to the committee, and all motions for consideration passed by the membership.

At the September regular meeting, the committee shall report on all proposed amendments and motions for consideration. A recommendation of concurrence by the committee shall be considered a motion to adopt the proposed amendment and may be approved by a simple majority of the members present and voting at that meeting.

Upon approval by the membership, the proposed amendment(s) shall be posted on the official DMI Area Local bulletin board(s) for a period of not less than two weeks after approval, and before a final vote is taken.

The final vote shall be by secret ballot, and shall be taken at a regular meeting in October, and shall require a 2/3^rd majority of the members present and voting at that meeting to be adopted, and shall become effective on the following January 1^st. (March 17, 1999)

ARTICLE XI

Conventions

All officers and members duly elected to go to a National Convention shall be required to use their own Annual or LWOP (at own expense). Compensation for meals, lodging, and travel expenses will be paid by DMI Area Local APWU upon presentation of receipts. (1993)

ARTICLE XII

PERSONAL LIABILITY OF OFFICERS

(Adopted August 5, 1995)

An officer of this organization shall not be personally liable for the organization’s debts or obligations, except for a breach of the duty of loyalty to the organization, for acts or omissions not in good faith or which involve intentional misconduct or knowing violation of the law, or for a transaction from which the person derives an improper personal benefit. The officers of this organization have agreed to serve as officers in reliance upon the provisions of this Article.

ARTICLE XIII

INDEMNIFICATION OF OFFICERS

(Adopted August 5, 1995)

This organization shall indemnify any director to the fullest extent possible under Iowa Code x x 504A.4(14), 490.850-490.858 (1991 edition). The officers of the organization have agreed to serve as officers in reliance upon the indemnification assurances contained in those provisions of the Iowa Code.

ARTICLE XIV

401(k)

(Adopted October 20, 2004)

Section 1. The DMI Area Local shall participate in the APWU Nationally Sponsored 401(k) Retirement Plan. All employees (those who receive salaries or LWOP) shall be eligible.

Section 2. The DMI Area Local will make a matching contribution for each Participant’s Elective Deferral Contributions during each pay period, up to:

FERS Employees: Five percent (5%) of the Participant’s compensation each month.

CSRS Employees: Zero percent (0%) of the Participant’s compensation each month.

Secretarial or Professional Staff: Five percent (5%) of the Participant’s compensation each month.

ARTICLE XV

Strike Board

(Adopted October 19, 2005)

Section 1. The Strike Board’s purpose is to authorize the expenditure of funds in the DMI Strike Fund. This board will consist of the President, Treasurer, Support Services Craft Director, and a member from each unit represented by the DMI Area Local to be appointed by the President. More members may be added with a majority vote of the existing members.

Section 2. This board shall require a majority vote of all members to disburse funds and shall report all such disbursements at the regular meetings of the DMI Area Local APWU.

BY-LAWS

ARTICLE I

Order of Business

(1993)

1. Roll call of officers.

2. Reading of the minutes of the previous meeting (Regular, Special, and or Executive Board.)

3. Reading of the Financial Statement by the Financial Secretary-Treasurer.

4. Reading of correspondence.

5. Propositions for membership.

6. Reports of Officers and Representatives. (March 4, 1995)

(a) President

(b) Vice-President

(c) Financial-Secretary-Treasurer

(d) Recording Secretary

1. Editor
2. Trustees

(g) Craft Directors

1. Sergeant-At-Arms
2. Bid Coordinator (March 4, 1995)
3. System Administrator (March 4, 1995)
4. APWU Health Plan Representative (March 4, 1995)

7. Reports of Committees.

8. Good and Welfare of the Union.

9. Unfinished Business.

10. New Business.

11. Adjournment - (All meetings shall be limited to two (2) hours duration unless two-thirds (2/3) of members present vote to continue.)

ARTICLE II

Quorum

Eleven members shall constitute a quorum, but less than that number may adjourn to meet at a specified time. If there is no quorum within 10 minutes after the meeting is scheduled to begin, then that meeting is canceled. (2004)

ARTICLE III

Rules of Order

In the absence of other authority the deliberations of shall be governed by the current Robert’s Rules of Order. (1980)

ARTICLE IV

Amendments

Amendments to these By-Laws may be made in the same manner as prescribed for amendments to the Constitution. (1980)

ARTICLE V

Rules Governing Debate

The Following Rules May Be Used To Govern Debate (1980)

Rule 1. On motion, the regular order of business may be suspended by a two-thirds (2/3) vote of the meeting at any time to dispose of anything urgent.

Rule 2. All motions (if requested by the chair) or resignations must be submitted in writing.

Rule 3. Any conversation, by whispering or otherwise, which is calculated to disturb a member while speaking, or hinder the transaction of business, shall be deemed a violation of order.

Rule 4. Sectarian discussion shall not be permitted in the meetings under any circumstances.

ARTICLE VI

Motions

Rule 5. A motion to be entertained by the presiding officer must be seconded, and the mover as well as seconder, must rise and be recognized by the chair.

Rule 6. The maker of a motion may decide to withdraw the motion and ask permission of the chair to withdraw the motion. The chair puts the questions before the members. If there is an objection, the question of withdrawal must be put to a vote. It requires no second. It cannot be debated. It then takes a simple majority to be withdrawn. (March 4, 1995)

Rule 7. A motion to amend an amendment shall be in order, but no motion to amend an amendment to an amendment shall be permitted.

Rule 8. In the event of a motion that would reverse the decision of a passed motion at the previous meeting, while the results of such a motion would hold precedent, the motion must be presented to the secretary to be posted not less than five (5) days prior to the next regular meeting. This rule will not apply to Constitutional Amendments. They will be governed by Article X, Constitutional Amendments. This rule will not apply to Article VI, Section 2, Special Meetings.

Rule 9. A motion shall not be subject to debate until it has been stated by the chair.

Rule 10. When a member wishes to speak he/she shall rise and respectfully address the chair, and if recognized by the chair, he/she shall be entitled to proceed.

Rule 11. If two (2) or more members rise to speak at the same time, the chair shall decide which is entitled to the floor.

Rule 12. Each member when speaking shall confine himself/herself to the question under debate and avoid all personal, indecorous or sarcastic language.

Rule 13. No member shall interrupt another while speaking, except to a point of order, and he/she shall definitely state the point, and the chair shall decide, the same without debate.

Rule 14. If a member, while speaking, be called to order, he/she shall take his/her seat until the point of order is decided, when, if decided in order, he/she may proceed.

Rule 15. If any member shall feel himself/herself personally aggrieved by a decision of the chair, he/she may appeal to the body from the decision.

Rule 16. When an appeal is made from the decision of the chair, the Vice-President shall then act as chairperson; said appeal shall then be stated by the chairperson to the meeting in these words: "Shall the decision of the chair be sustained as the decision of this Union?" The member will then have the right to state the grounds of appeal, and the chair will give reasons for his/her decision, thereupon the members will proceed to vote on the appeal without further debate and it shall require a majority vote to sustain such an appeal.

Rule 17. No member shall speak more than twice on the same subject until all the members desiring the floor shall have spoken, not more than three (3) times without majority consent, nor more than three (3) minutes at any one time without consent of the majority vote of members present. Officer's Reports will be limited to three (3) minutes, unless extended by majority vote of members present.

Rule 18. The presiding officer shall not speak on any subject, unless he/she retires from the chair, except on points of order, and in case of a tie vote he/she shall have the deciding vote.

ARTICLE VII

Privileged Questions

Rule 19. When a question is before the meeting, no motion shall be in order, except:

1. To adjourn;

2. To lay on the table;

3. For the previous question;

4. To postpone to a given time;

5. To refer or commit;

1. To amend; and these motions shall have precedence in the order herein arranged. The first three of these motions are not debatable.

Rule 20. If a question has been amended, the question on the amendment shall be put first, if more than one amendment has been offered the questions shall be put as follows:

1. Amendment to the amendment;

2. Amendment;

3. Original proposition.

Rule 2l. When a question is postponed indefinitely it shall not come up again except by a two-thirds (2/3) vote.

Rule 22. Before putting a question to vote the presiding officer shall ask "Are you ready for the question?" Then it shall be open for debate. If no member rises to speak, the presiding officer shall then put the question in this form: "All in favor of this motion, say 'aye' " and after the affirmative vote is expressed. "Those of the contrary opinion say 'no' ". After the vote is taken he/she shall announce the result in this manner; "It seems to be carried (or lost); it is carried (or lost) and so ordered."

Rule 23. Before the presiding officer declares the vote on a question, any member may ask for a division of the house, then the chair is in duty bound to comply with the request, and standing vote shall then be taken, and the Recording Secretary shall count the same.

Rule 24. When a question has been decided it can be reconsidered only by a two-thirds (2/3) vote of those present.

Rule 25. A motion to reconsider must be made and seconded by two (2) members who voted with the majority.

Rule 26. A member being ordered to take his/her seat three (3) times for just cause by the chair without heeding, shall be debarred from participating in any further business at that session.

Rule 27. All questions, unless otherwise provided, shall be decided as a majority vote may direct.

The foregoing is a true and corrected copy of the Constitution and By-Laws of DMI Area Local APWU, as adopted on the 19^th of September, 2007.

LOCAL CONSTITUTION AND BYLAWS

OF THE

APWU LOCAL 451, AFL-CIO

WATERLOO, IOWA

(REVISED 2008)

PREAMBLE

We, the Postal Workers of America, in order to form a more perfect union, establish this Constitution.

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

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

That all men and women have the 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/her that right.

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

We believe that all postal workers have the right, regardless of race, color, creed, sex, sexual orientation, nationality, handicap, political affiliation, age, or religion 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 and women are free and have the right to come together to promote the common cause of all.

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

MEMBERS’ BILL OF RIGHTS

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

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

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

4. Every member has the right to the freedom to listen.

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

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

7. Members shall not be denied the right to seek any office or the right to vote in this Union

because of race, color, creed, sex, sexual orientation, nationality, handicap, political

affiliation, age or religion.

8. Every member has the right to support the candidate of his/her choice and to participate in

that right with others.

9. Every member has the right to a fair trial, to be represented by an individual of his or her

choice and to proper appeal procedures.

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

economic, physical or psychological intimidation.

Article One: The Union

Section One: The name of this Union shall be "Waterloo Local #451" and shall be referred to as "Union" hereafter. The Union shall be affiliated with the American Postal Workers Union, AFL-CIO and all other labor organizations as determined by the membership.

Section Two: The Union’s objective and purpose are to unite postal workers into one organization for their social and economic advancement and to aid the improvement of the United States Postal Service.

Article Two: Membership

Section One: Full membership in this Union shall be limited to any active or retired dues-paying career Postal employee except those exercising permanent supervision.

Section Two: Limited membership shall be limited to non-dues paying retired career Postal employees.

Section Three: Social membership shall be available to permanent management personnel and full members leaving the USPS. Social members must pay dues, but shall have no right to hold office, be a delegate or vote in matters concerning this Union.

Section Four: All candidates for membership in this Union must be submitted on POD 1187.

Section Five: No eligible member shall be denied membership in this Union because of race, creed, sex, national origin, religion or political beliefs.

Article Three: Officers

Section One: The elected officers of this Union shall be President, Vice-President, Stewards Director, Secretary, Treasurer, Editor, and Trustee (3). This order represents the chain of command, with the Trustees in descending order by length of time in position, then by the votes when elected.

Section Two: The Executive Board shall consist of the elected officers. A meeting of the Executive Board shall require a quorum of five.

Section Three: The appointed officers of this Union shall be all Stewards, one of whom shall be designated by the President as Chief Steward and shall act as liaison between the Stewards and the Stewards Director.

Article Four: Duties of Officers and Delegates

Section One: Attendance of officers is required at monthly meetings. This shall be waived for the following reasons: (1) Official Union business, (2) Official USPS business, (3) Family emergency, (4) Military duty. Two or more unexcused absences in a calendar quarter shall result in forfeiture of that quarter’s salary.

Section Two: The President shall preside at all meetings, appoint all committee and committee chairpersons except the Election Committee, appoint all stewards and be responsible for their training, submit an article for each issue of the paper, and assign other duties to officers as necessary. S/he shall be a delegate to State and National Conventions and all other special meetings with funding as outlined under "Funds of the Union" below.

Section Three: The Vice-President shall perform the duties of President in the President’s absence, shall perform the duties of Hospital Plan and OWCP Representative and submit an article for each issue of the paper.

Section Four: The Stewards Director, as normal Step 2 designee, shall be responsible for the overall welfare, working conditions, grievances, safety and health of members in this Union, shall assist stewards in their duties and shall submit an article for each issue of the paper.

Section Five: The Secretary shall record minutes and attendance of each meeting in a bound book and submit these minutes to be published in the paper.

Section Six: The Treasurer shall keep records of funds and expenses of this Union in a bound book and submit financial reports to be published in the paper.

Section Seven: The Editor shall publish the paper at least ten months each year with complete editorial control; be a member of the APWU National Postal Press Association, with annual dues to be paid by the Union; be a delegate to the National Editor’s Conference with funding as outlined in "Funds of the Union" below; and display proper disclaimer advising the reader that the articles published in the newsletter are the opinion of the writer and not necessarily that of the Editor or the Union.

Section Eight: The Trustees shall have custody of all Union property and shall examine the condition of the Union, including but not limited to, a semi-annual audit and report of Union funds.

Section Nine: Delegates shall be selected and have duties as listed and as follows: Other delegates shall be elected at a regular meeting for which advance notice has been given. All delegates shall be required to present a timely report to a general meeting following their attendance as delegate.

Article Five: Nominations and Elections

Section One: Candidate eligibility shall be limited to any member in good standing who is eligible as defined in Article 10, Section 12 of the APWU Constitution and By-Laws. Upon nomination, the candidate shall certify that s/he meets these requirements. No member will be on the ballot for more than one office.

Section Two: Terms of office will be two years, unless completing an unfinished term. After a general election, duties will be assumed on January 1 with installations at the January or February meeting.

Section Three: Nominations will be accepted at the September and October meetings. Verbal and written nominations shall be accepted and posted on the Union bulletin board and published in the paper.

Section Four: The Election Committee shall consist of five members appointed by the Election Committee Chairperson. Committee members shall not appear on the ballot. The Election Committee shall mail out ballots and count votes, shall ascertain that all by-laws and regulations of the U.S. Department of Labor are followed, and shall post nominations and election results on the Union bulletin board and submit these results to the Editor for publication.

Section Five: General Elections shall be by referendum every two years. Ballots shall be mailed out no later than November 15 and counted after 1000 hours on November 30. Each member in good standing as of November 14 shall receive a ballot. The Treasurer will determine if a member is in good standing and will supply a list of members in good standing to the Election Committee in adequate time. Candidates will appear on the ballot in the order nominated for each office. All ballots shall be mailed to members and shall include a secret envelope in which the member places the complete ballot, and return envelope with member’s name and address label attached to the back side. Upon receipt of the complete ballot, the member’s signature must appear in the upper left hand corner of the outer return envelope. A subcommittee from the election committee shall verify envelopes by comparing to the most recent membership list. The election committee shall open returned envelopes and separate the ballots from the return envelope. The secret ballot will then be opened and counted. The candidate receiving the highest number of votes for each position shall be declared elected. In the case of a tie, a runoff referendum election shall be held.

Section Six: A special election shall be held to fill an office which is vacated before the normal end to term, except in the case of vacancy of the Presidency, in which case the Vice-President shall fill the position until after the next general elections. Nominations for special elections shall be taken at the next general meeting. Notification shall be posted on the bulletin board, and in the paper if time allows. Election of the officer shall be held at the second general meeting after the office is vacated. Voting shall be by paper ballot by those members present at the meeting. The winner shall be the member who receives the highest number of votes.

Article Six: Meetings

Section One: General membership meetings shall be required each calendar month except August and December. The date and time of each meeting shall be determined by a majority vote of the Executive Board before the meeting prior to the one being set. In the event the Executive Board has not set the meeting date and time, the meeting shall default to 1100 hours on the third Saturday of the month, unless by a three-fourths majority members at a meeting determine otherwise. Advanced notice of date, time and place of general membership meetings shall be printed in the newsletter and posted.

Section Two: Special meetings may be called by the President or the Trustees or a petition signed by at least twenty members with date, time and place posted on the Union bulletin board. Special meetings shall be limited to one announced subject, with the exception that the members present at a special meeting may consider additional subject(s) by three-fourths majority.

Section Three: A quorum shall consist of ten members who are present within one hour of the scheduled meeting time.

Section Four: Robert’s Rules of Order (Revised) shall govern all things not covered by the Union by-laws.

Article Seven: Funds of the Union

Section One: Dues increases shall be determined by membership at a regular meeting with advance notice given. A two-thirds majority of eligible voting members present at the meeting shall be necessary to pass a dues increase.

Section Two: Bank account(s) shall be established at the direction of the membership. All canceled checks shall be returned to the Union. Two signatures shall be required on all checks with the President, Vice-President and Treasurer authorized.

Section Three: The salaries of the officers shall be paid quarterly in the following amounts: President, $500.00; Vice-President, $125.00; Steward’s Director, $325.00; Secretary, $75.00; Treasurer, $300.00; Editor, $75; and Stewards (but not alternates), $150.00.

Section Four: In addition, the President shall be granted up to forty (40) hours of LWOP per quarter at the hourly rate for arbitration work and other necessary Union business, to be paid upon presentation of documentation. The Editor or officer performing as Editor shall receive $40 per issue published, paid quarterly. Any officer incurring lost leave due to being in an LWOP status solely for the performance of union duties and/or responsibilities shall be re-imbursed for said lost leave at his/her normal USPS hourly rate.

Section Five: No officer shall receive more than one salary for performing the duties of two or more officers. The highest or higher of the salaries shall be paid.

Section Six: Delegate expenses shall be determined by the membership at a regular meeting. Reimbursement shall not be made without a receipt, though advance checks may be paid to delegates.

Article Eight: Amendments

Section One: Proposal amendments, signed by at least ten members, shall be submitted in writing to the Secretary and shall be read at the next general meeting. The amendment(s) shall then be posted on the Union board and published in the paper to be acted upon at the following general meeting, with a two-thirds majority of eligible members at the meeting necessary for adoption.

Section Two: Adopted amendments shall stand immediately unless specified otherwise within.

Article Nine: Recall

A petition for recall may be filed by the signature of at least ten members who have sufficient proof that an officer of this Union has acted dishonestly or otherwise detrimentally to the interests of this Union. The charges shall be submitted in duplicate with the petition for recall to an elected officer. The Executive Board shall send one copy of the charges to the officer being charged. Fifteen days shall be allowed the officer to reply to the charge in writing. After the fifteen day period, the Executive Board shall call a special meeting to be held within the next fifteen days for the purpose of reading the charges and the reply, and for discussion of these only. Within five days following the special meeting, the Executive Board shall mail to each member a copy of the special meeting minutes and a referendum ballot as prescribed for a general election. Ballots shall be counted after 1000 hours on the fifteenth day after the special meeting. A two-thirds majority of the votes cast shall be required to recall the officer.

Article Ten: Deaths of Members

In the event of the death of any member of this Union, the President or her/his designee shall present to the member’s family a suitable arrangement of flowers, or a Holy Bible or other book of the member’s religion in the name of the Union. A special committee of members shall be named by the President to assist the deceased member’s family, if the family desires such help.