CONSTITUTION
& BY-LAWS
REVISED
2007
ARTICLE
1
TITLE
This body shall be known as the Texas Postal Workers Union, AFL-CIO, hereinafter known as the TPWU, and shall be the State Council of the American Postal Workers Union, AFL-CIO.
ARTICLE
2
OBJECT
SECTION
1
(a) The object of the TPWU shall be to unite the postal workers into one brotherhood for establishing just working condition, encourage a fraternal spirit among the postal workers of the State, and to aid in the advancement of the Postal Service. We shall be fully involved in political, organization, and educational work, and assist members-at-large or small locals with grievances.
(b) It has been demonstrated by past experience that the trade-union movement, as exemplified in the AFL-CIO, is the best and most practical method of advancing the interests of all wage earners; therefore, we desire to be and remain in full affiliation with that body.
SECTION
2
(a) We favor the affiliation of all postal employee unions with the AFL-CIO.
(b) The TPWU shall be affiliated as a State Council with the Texas AFL-CIO, The annual fee for this affiliation shall be paid from the treasury of the TPWU.
(c) All members-at-large shall be enrolled as individual members of the Texas AFL-CIO. The monthly membership fee per member shall be paid from the funds of the treasury of the TPWU.
1
SECTION
3
We recognize the fact that collective bargaining and legislation are the
means to obtain the objectives of the
ARTICLE
3
MEMBERSHIP
SECTION
1
Any local or member-at-large in good standing with the American Postal
Workers Union, AFL-CIO in the State of
SECTION
2
Any person not an active member of the American Postal Workers Union, AFL-CIO, may be elected to honorary membership in the TPWU, subject to the action of the convention. Member locals have full power to confer honorary membership in their respective locals. No honorary member, local or state, shall be eligible to hold office or be a delegate in the TPWU, nor shall he or she have the right to vote.
SECTION
3
(a) The locals shall be granted the right to allow members of their organization who
have resigned from the Postal Service or who have been promoted to positions
exercising management authority the right to maintain membership.
(1) Any member voluntarily performing management duties at any pay level,
shall not be eligible for nomination, election, or appointment to any office
within the TPWU.
(2) Any member voluntarily performing management duties at any level shall be
removed from office if action occurs subsequent to his/her election or appoint-
ment. Proof of the officer working in a 204B assignment must be sent to the
State President in order to take action.
(3) Any member voluntarily performing management duties shall not be eligible
as a state delegate to any convention.
(b) Members-at-large who may be promoted to positions exercising management
2
authority may retain their membership, without voice or vote, by paying per capita
of the American Postal Workers
(c) Members of this union who retire from the Postal Service may retain full member-
ship with all rights of such membership by continuing to pay full per capita to the
American Postal Workers Union, to the TPWU, and whatever local dues may be
required of them.
ARTICLE
4
TIME
OF CONVENTION
SECTION
1
(a) This council shall convene for convention biennially, during odd-number years. On
even-number years, an educational conference shall be conducted in place of the
convention. The time and place for conventions and educational conferences shall be
determined by the biennial convention. The annual Executive Board meeting will
be held one day prior and in the same location as the appropriate assembly. Upon
completion of the state convention, the newly elected Executive Board shall hold a
one half (1/2) day session to formulate the actions to be taken for the next term of
office. The Executive Board meeting on the day preceding the appropriate assembly
shall be the authorizing voting membership for al TPWU awards. There shall be an
awards ceremony, to be held on the second day/night of the state convention. At the
Educational Conference, awards shall be presented on the first day, during the
general session.
(b) The Educational Conferences shall be of three day’s length. Each elected TPWU
Officer shall have a responsible role in the instructional aspect of the educational
Conferences, as assigned by the TPWU President.
(c) A sixty (60) day minimum advance notice of impending convention must be
publicized by the Secretary to all members-at-large and member locals.
(d) Delegates to the convention must be elected from each craft within their respective
locals in accordance with applicable federal law. Members-at-large and retired
members shall be delegates to the convention.
SECTION
2
(a) The convention assembly shall go into session on the first day of the convention at
the time selected by the Executive Board and, continue in session until all business
before the convention is disposed of, but in no case exceed a three (3) day convention.
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(b) The opening ceremony of each General Assembly of the TPWU shall include the
Pledge of Allegiance and the singing or playing of the National Anthem.
(c) For opening the convention, no more than one (1) hour shall be set aside for speeches
of welcome and response. Others will be permitted to speak during the convention or
at the convention banquet.
(d) The duration of the convention will not be less than two (2) nor more than (3) days.
(e) The TPWU will take full advantage of the opportunity to further training of its mem-
bership by, providing seminars of common interest to the membership on the two (2)
days immediately preceding the first day of the TPWU convention. The TPWU
Executive Vice President will be responsible for planning these seminars, coordinating
with the host local’s convention committee and the TPWU President and Craft
Directors.
(f) The President shall appoint a Convention/Educational Conference Committee to
develop requirements and criteria for hosting the TPWU biennial convention and
biennial educational conference. Such established requirements and criteria would be
used as a guideline by any local desiring to vie for host city for the State Convention or
Educational Conference. This committee shall be comprised of representatives from
small, medium and large locals on an equal basis.
ARTICLE
5
BASIS
OF REPRESENTATION
SECTION
1
(a) All locals shall have one (1) vote for each ten (10) members or fraction thereof,
assessed and paid in annual per capita, averaged on the preceding year.
(b) Each member-at-large in good standing attending the convention shall be entitled to
one vote for each three (3) members-at-large.
(c) Every effort should be made that each craft of a member local be represented on an
equitable basis.
(d) The voting strength of each local shall be determined by the average per capita tax paid
for the two full fiscal years immediately preceding the state convention. Any un-
affiliated local admitted to the TPWU during the preceding two fiscal years is entitled
to representation at its convention of one-twenty-fourth (1/24) of its membership per
each month paid on its appropriate membership formula prior to the convention. Per
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capita paid after April 30th of the year of the state convention shall not be counted for
voting strength purposes for that local at that year’s state convention.
(e) Where there are as many as five (5) members-at-large in any one post office, there
members shall be encouraged to form a local.
SECTION
2
No Local or member-at-large shall be represented by proxy.
SECTION
3
A delegate must be a member in good standing.
SECTION
4
Alternate delegates may be seated in the permanent absence of the regular delegates,
upon presentation of proper credentials.
SECTION
5
No member holding office in any other postal employee union can be elected or
appointed as an officer of the TPWU nor be seated as a delegate to the convention.
ARTICLE
6
DELEGATES
SECTION
1
The number of State delegates and their expense allowance to the National Convention
of the American Postal Workers Union shall be set by delegates in convention assembled.
SECTION
2
(a) The President, Executive Vice-President, Secretary/Treasurer, Director of News
Information and three (3) Craft Directors, the District V.P.’s and the Legislative Aide,
of the TPWU shall be delegates to the National Convention. The number of elected
delegates shall be five (5) in addition, and one (1) hearing impaired delegate to the
National Convention shall be elected. Delegates shall be reimbursed for actual
Necessary expenses at the prevailing rate established by the Internal Revenue Service
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in paying mileage or actual coach air fare, whichever is cheaper. Expenses will be
paid only upon acceptance of properly receipted vouchers.
(b) Nomination of other state delegates to the National Convention of the American Postal
Workers
conjunction with the election of TPWU officers.
(c) Alternates for the State delegates shall be those nominees receiving the next highest
number of votes.
(d) If the President is unable to attend the National Convention of the American Postal
Workers
succession to the office of the Presidency of the TPWU, as outlined in this Constitution.
This procedure shall be followed where the President is, by virtue of his/her office, a
delegate to any conference, rally, or convention.
(e) The President and Legislative Aide of the TPWU shall be a delegate to all legislative or
other appropriate conferences called by the American Postal Workers Union or by the
Government Employees Council.
(f)
The President of the TPWU shall be a delegate to the biennial convention
of the
AFL-CIO.
(g) If the President is unable to attend the Texas AFL-CIO Convention, his/her alternate
shall be chosen as provided in Article 6, Section 2 (d).
ARTICLE
7
OFFICERS
SECTION
1
(a)
The Officers of the TPWU shall be composed of a President, Executive
Vice-President,
Secretary/Treasurer, The Director from each craft (Clerk, Maintenance, and Motor
Vehicle), Director of News Information/Editor, Legislative Aide, and one (1) District
Vice-President for each of the ten (10) districts.
(b) The Executive Committee shall consist of the President, Executive Vice-President,
Secretary/Treasurer, and the Director from each craft (Clerk, Maintenance and Motor
Vehicle), and the Director of News Information/Editor.
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(c) The Executive Board shall be composed of all the elected officers.
(d) The District Vice-Presidents shall be elected by the duly elected delegates at the
convention. The three (3) Craft Directors shall be elected by their respective Craft
delegates in assembly, and those delegates shall have the same voting apportionment,
according to their local designation, as in ARTICLE 5, SECTION 1. Members-at-large
shall have one (1) vote in their Craft elections. Each State officer attending the
convention shall have one (1) vote and shall not be permitted to vote by proxy for his/
her local.
(e)
The candidate receiving the highest number of votes shall be declared the
winner.
(f) The Officers shall hold office for their term until their successor is elected and
qualified. Each Officer attending the convention shall have one (1) vote and shall not
be permitted to represent his/her local as a delegate.
(g) It is desirable that District Vice-residents reside in the district they represent, but in
the event that no candidate from the district is nominated then any candidate from a
bordering district shall be eligible for nomination. If there are no candidates from the
district or from bordering districts, or if a vacancy occurs between elections, the
President may fill the vacancy.
(h) Officers shall be elected in odd numbered years at the biennial convention for a two (2)
year term.
SECTION
2 – ELIGIBILITY TO OFFICE
No person shall be eligible to hold any office or membership of any committee unless he/she is a member in good standing.
SECTION
3 – DUTIES OF OFFICERS
(a) It shall be the duty of the President to preside at all conventions and at all meetings of
committees. He/She shall fill all vacancies for any cause whatsoever except as provided
in “Recall of Officers”, Article 12, 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. He/She shall sign all orders drawn on the treasury and shall perform other
duties as this council may require of him/her. The President shall have the authority to
take whatever action he/she deems necessary to carry out the mission of the TPWU,
when such actions are not covered by the Constitution, upon approval of the Executive
Committee.
(1) The President shall be the Associate Editor.
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(2) The President shall conduct the legislative activities of the TPWU as promulgated by
the National
in the legislative program, contact congressmen, urging their support of postal
legislation, and shall interest himself/herself in any provident endeavor which may
aid the legislative program.
(3) The President shall coordinate the TPWU Education Program.
(4) The President shall be responsible for the content and for conducting of the
education part of seminar programs. He/She shall act as moderator at state (district)
meetings and seminars.
(5) The President shall prepare and make available materials to be used at mini-
seminars of one (1) day’s length. These seminars shall be held quarterly in area
rotation and shall be taught by no more than two (2) state officers per meeting;
however, no seminar shall be held in location within one hundred (100) miles of
any seminar held in the preceding calendar year.
(6) The President shall coordinate all activities of the State Automation Committee.
(7) The President shall coordinate the activities of the Human Relations Department of
the TPWU.
(b) The Executive Vice-President, in the absence or the incapacitation of the President, shall
preside at all meetings and have vested in him/her the same power and authority as the
President, and shall assume the duties and responsibilities of the President. He/She shall
assign for the good of the union.
(1) He/She shall assist and work with the President in all executive responsibilities and
duties that pertain to this office.
(2) He/She shall succeed to the office of the President should the President resign or in
any way, vacate his/her office prior to the completion of his/her term of office.
(c) The Secretary/Treasurer shall keep a record of the proceedings of all Executive
Committee and Executive Board meetings and conventions held during his/her tenure
and other records of the council.
(1) He/She shall assemble all reports of the Executive Board members and have copies
available for delegates in attendance at the State Convention.
(2) The minutes of the State Convention shall be completed in typewritten form by the
outgoing Secretary/Treasurer and furnished to the incoming Secretary/Treasurer.
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The outgoing Secretary/Treasurer shall be responsible for the preparing of the
convention report for the convention at which he/she was Secretary/Treasurer.
(3) The Secretary/Treasurer shall assemble all resolutions that reach him/her on or
before the deadline set by the Executive Board. The Secretary/Treasurer shall
furnish a copy of all resolutions to the Director of News Information/Editor.
(4) The Secretary/Treasurer shall prepare the minutes of each convention within sixty
(60) days after completion of the convention and the minutes of each Executive
Board meeting within thirty (30) days after the completion of the meeting, except
that, minutes of the Executive Board meetings held during the State Convention
may be prepared with the convention report. The Secretary/Treasurer shall furnish
the Editor with a typewritten copy of the convention report and Executive Board
Meetings.
(5) The Secretary/Treasurer shall maintain a current list of all member locals, with an
up-to-date membership list of each local and members-at-large.
The Secretary/
Treasurer shall assist in verifying the credentials of each elected delegate from
member local and members-at-large prior to the date of the convention. The
Secretary/Treasurer shall also be responsible for verifying the credentials of any
alternate delegate in attendance at such conventions prior to such alternate delegate
being seated in convention with the right to voice and vote. The Secretary/Treasurer
shall also maintain a copy of the current Constitutions as they are amended by such
local.
(6) The Secretary/Treasurer shall assemble all resolutions adopted by the delegates in
convention and submit to the National Office as directed; and shall submit all
amendments to the State Constitution to the National Organization as prescribed
under Article XI, Section 6 (b), of the Constitution and By-Laws of the American
Postal Workers
(7) The amending of the TPWU Constitution and By-Laws, along with the printing and
distribution of the amended Constitution and By-Laws, shall be included in the
duties of the Secretary/Treasurer of the TPWU, and further that the amended copies
will be available no later than sixty (60) days from the adjournment of the State
Convention.
(8) The Secretary/Treasurer shall be responsible and account for all assets of the
TPWU.
(9) Shall receive all dues and issue receipts thereof.
(10) Keep records showing amounts paid and dates paid to all local and member-at-large.
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(11) Prepare, issue and make record of all checks.
(12) Issue notices quarterly informing locals and members-at-large when dues come
payable; including a notice no later than ninety (90) days prior to the State
Convention of any unpaid dues for the prior year. All locals must furnish a copy
of the last page of their Dues Check-Off (DCO) for every pay period for which they
are paying dues. Any changes in local membership statements will require a copy
of DCO reflecting the change.
(13) The Secretary/Treasurer’s records shall be audited by a five (5) member Audit
Board selected, from other than state officers by the District Vice-Presidents at the
meeting that is to be held once per year at either the convention or educational
conference. Such audit to take place twice annually, in conjunction with the multi-
craft seminar, and beginning on Tuesday of the TPWU Convention/Educational
Conference week, in June and/or upon change of Secretary/Treasurer if the change
occurs for any reason other than because of an election. A copy of the report shall
be given to the Executive Committee, published in the TPWU newspaper and made
available to TPWU convention delegates. Expenses of each Audit Board member
shall be limited to not more than three (3) days of leave without pay (LWOP),
actual lodging, meals and travel properly receipted and vouchered.
(14) The Secretary/Treasurer shall be responsible for the compilation of records and
reports for the Internal Revenue Service or other agencies as required by law and or
this constitution. The Secretary/Treasurer shall have authority to seek counsel of
an accounting firm, with Executive Committee approval.
Should the Secretary/
Treasurer be incapacitated, the Executive Committee shall have the right to make
arrangements for an accounting firm to assist with the applicable I.R.S. reports and
other reports required by law or this constitution.
The
Secretary/Treasurer’s
records shall be
submitted for a financial review and/or audit by an outside
accounting firm at the close of each fiscal year (beginning with the year
2006).
A report of such audit shall be sent to all Executive Board members.
(15) The
Secretary/Treasurer of the
Itemized financial report for the two years interim of the state
convention to the
Audit Committee and that such report be provided with the
Secretary/Treasurer’s
officers report to the convention body.
(e) Craft Directors
(1) It shall be the duties of the three (3) Craft Directors to attend their respective annual
conferences, to advise and assist the District Vice-Presidents, to recruit and organize
the non-union postal employees throughout
assigned by the President.
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(2) It shall further be the duties of the three (3) Craft Directors to assist the President in
carrying programs to the general membership. The shall assist the President in the
research and education programs of their craft.
(3) A multi-craft seminar of
at least two (2) days duration shall be held on
odd number
years. The TPWU Craft Directors shall coordinate instructions and topics.
Selection of the seminar site shall be at the State Convention/State Educational
Conference.
(f) Legislative Aide
(1) The Legislative Aide shall assist the President in encouraging Locals to participate in
the legislative program of the TPWU.
(2) These duties shall include: Contacting Congressmen, urging their support of postal
legislation of interest at the state and national levels, and shall interest himself/
herself in any provident endeavor which may further the legislative program.
(3) All expenditures of the Legislative Aide are subject to approval of the President of
the TPWU.
(g) The District Vice-Presidents shall assist in filing or shall file, with National
authorization grievance contract violations, and such appeals for these members and
locals who request this service, and such other duties as may be required of them. They
shall assist in finalizing arrangements for state meetings in their districts. They shall be
required to make at least two (2) field trips per year in their district for educational and
organization purposes.
(h) The News Information Director/Editor shall be responsible for public relations for the
TPWU.
(1) It shall be his/her responsibility to aid the President and the Executive Board in the
preparing of news releases for the news media.
(2) He/She shall also be responsible to publicize the TPWU through our National Union
and other labor news sources.
(3) He/She shall serve as chairman of the Publicity Committee at the State Convention.
He/She shall be the Editor of the State publication.
(4) He/She shall act under the direct discretion of the Executive Committee and along
with the Executive Committee shall determine the method of publication (i.e., letter
press, offset, mimeograph, etc.)
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(5) As Editor of the State publication, that of the eleven (11) mandatory publishing
months, the Director of News Information/Editor shall publish eight (8) issues of the
State publication during the year. Copies of the monthly State publication shall be
mailed to each member for which a current mailing list has been provided to the
Editor.
(6) It shall be the duty of the News Information Director/Editor to represent the TPWU
as a delegate to the Postal Press Association Convention.
(7) He/She shall print all resolutions for the State Convention in the State publication as
received from the State Secretary/Treasurer.
(8) He/She shall print the State Convention report and reports of the Executive Board
meetings in the State publication.
(9) He/She shall publish, in advance, the site and dates for all State meetings and
seminars in the official publication of this
(10) He/She shall submit the “Official Convention Call” to the President for his/her
approval by April of each convention year. After the President has approved the
“Official Convention Call”, the Director of News Information/Editor shall print such
“Official Convention Call” in the State publication; mailing sufficient number of
copies to all State officers and to the President and Secretary of each local and to
each member-at-large to the State at least sixty (6) days prior to the State Convention
date.
(11) The State Secretary/Treasurer’s report shall be printed in the State newspaper
quarterly to advise the membership of the financial condition of the TPWU. In the
event no report is available to be printed the fact will be reported.
(i) General duties of Officers: Any action taken by the TPWU in convention shall be carried
out by the officer or officers concerned within sixty (6) days after adoption of the
instruction, or a written report must be made by the officers concerned to the Executive
Committee as to the reason for failure to comply with the instructions of the convention.
(j) Each State Executive Board member shall make a written report of his/her official action
to the State Convention. He/She shall compile his/her own report and forward it to the
Secretary/Treasurer at least sixty (60) days prior to the Convention date to be eligible for
any expense payment or reimbursement for the attendance at the Convention.
(k)
Each Officer will visit with his/her congressman at the congressman’s
least twice a year.
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SECTION
4
In the event that the Executive Vice-President is not able to ascend to the office of President, the line of succession shall be Secretary/Treasurer, in that order listed in the event no successor is found in the aforementioned order of officer, the Executive Board will meet and fill the vacancy by majority vote.
ARTICLE
8
EXPENSES
OF OFFICERS AND OTER ALLOWABLE EXPENSES
SECTION
1
1. All representatives of TPWU who are authorized travel expenses shall be reimbursed
for actual necessary expenses at the prevailing rate established by the Postal Service in
paying for mileage or actual coach air fare, whichever is cheaper. Expenses will be paid
only upon acceptance of properly receipted vouchers; not to exceed the appropriate cap.
(a) Executive board members at the state convention shall be capped at $700.00
(b) Hearing Impaired Coordinator at called Executive Board shall be capped at $475.00.
2. National Convention delegates shall be capped at $1500.00
3.
State President attending
capped at $600.00 each.
4. (a) News Information Director attending National PPA Conference shall be capped at
$1250.00
(b) News Information Director attending State PPA Conference shall be capped at
$350.00
5. All State Officers at seminars or meetings within the state shall be capped at $550.00.
6. Executive Committee members at called meetings of the Executive Committee shall be
capped at $475.00.
7. Travel for Legislative Conferences outside the state shall be capped at $1000.00
8. Travel for other conferences not held in the state including not in the contiguous 48states,
shall be capped at $1500.00
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9. President or designee to State AFL-CIO Convention shall be capped at $600.00.
SECTION
2
1. Reimbursement to host local for State Convention/Conference/Multi-Craft Seminar shall
be made after receipt of a statement of income and expenses showing a deficit up to
$1500.00.
2. Reimbursement to host locals for mini-seminar of one or two day duration shall be made
after receipt of statement of income and expenses showing a deficit of up to $300.00.
3. The host local of a state convention shall charge no more than $85.00 for registration fees
(late fees not included), unless a valid reason is provided to and approved by the TPWU
Executive Committee and local presidents no later than December 31 of the year
preceding the state Convention. The host local of a state educational conference shall
charge no more than $55.00 for registration fees (late fees not included), unless a valid
reason is provided to and approved by the TPWU Executive Committee no later than
December 31 of the year preceding of the educational conference. The host local of any
TPWU sponsored seminar shall charge no more than $40.00 registration, unless a valid
reason is provided to and approved by the TPWU Executive Committee no later than 45
days preceding the date of the seminar.
SECTION
3
1. (a) The President’s salary is Level 5 Step O (CSRS NEUTRAL) plus $9000.00 paid
bi-annually. The TPWU shall pay the benefit package usually provided by the USPS.
This salary shall increase by the same amount as He/She would accrue in his/her
Level as a result of negotiated pay increases.
(b) He/She shall be allowed thirty (30) days annual leave with thirty (30) days sick leave
as may be necessary. Unused annual leave or sick leave may either be carried forward
for use in future years or annual leave paid for at the end of the year in which it is
earned at the option of the President; provided, however that no individual ma