UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

_______________________________________

)

ALMA T. MCBROOM, )

)

Plaintiff, )

)

v. ) Civil Action No. 2:06-CV-767-MEF-SRW

)

JOHN E. POTTER, et al., )

)

Defendants. )

_______________________________________)

EVIDENTIARY SUBMISSIONS IN SUPPORT OF THE MOTION TO DISMISS OR,

IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT OF THE 

AMERICAN POSTAL WORKERS UNION, AFL-CIO

Comes now defendant American Postal Workers Union, AFL-CIO (“APWU” or

“National Union”) and, in accordance with Rule 12(b)(6) of the Federal Rules of Civil

Procedure, respectfully submits the following attached documents as evidence supporting it’s

motion to dismiss or, in the alternative, for summary judgment.

1. Exhibit 1: Declaration of Terry Stapleton

Exhibit A to Exhibit 1: Constitution and Bylaws

Exhibit B to Exhibit 1: Article 15 of the Collective Bargaining Agreement

2. Exhibit 2: Opinion in 99-4835 (WGB) (D. N.J.)

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Dated:__February 20, 2007_______ Respectfully submitted,

O’DONNELL, SCHWARTZ & ANDERSON, P.C.

By:____/s/ Brenda Zwack_______

 Brenda C. Zwack (D.C. No. 482673)

 Admitted Pro Hac Vice

 1300 L Street, NW, Suite 1200

 Washington, DC 20005-4126

 Tel (202) 898-1707/Fax (202) 682-9276

 bzwack@odsalaw.com

NAKAMURA, QUINN & WALLS LLP

By:___/s/ Patrick Nakamura________

 Patrick K. Nakamura

 Alabama Bar No. ASB-1814-A64P

 2204 Lakeshore Drive, Suite 130 

Birmingham, AL 35209

 Tel (205) 870-9989/ Fax (205) 803-4143

 nakamura@nqwlaw.com

Attorneys for the American Postal Workers Union, 

AFL-CIO

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Certificate of Service

I hereby certify that I have this day caused the following people to be served by first class

mail postage pre-paid and (with the exception of Alma McBroom) through the Court’s electronic

filing system with a copy of the foregoing Motion to Dismiss, or in the Alternative, for Summary

Judgment of the American Postal Workers Union, AFL-CIO; Memorandum of Law in Support of

the Motion to Dismiss; and the Submission of Evidence supporting the foregoing Motion:

Alma T. McBroom

921 Hugh St.

Montgomery, AL 36108

Stephen Michael Doyle

United States Attorney’s Office - ALM

Middle District of Alabama

PO Box 197

Montgomery, AL 36101-0197

William Post Roberts, II

Howell, Sarto & Howell

P.O. Box 681864

147 E. Main Street

Prattville, AL 36067

Dated:_February 20, 2007_______ ____/s/ Patrick Nakamura_______________

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

AND 

B Y L A W S 

OF THE 

A M E R I C A N P O S T A L 

W O R K E R S U N I O N, A F L - C I O 

AS AMENDED AUGUST 16, 2002

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 1 

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TABLE OF CONTENTS

PAGE 

PREAMBLE iv

OFFICERS' OATH OF OFFICE v 

MEMBERS' BILL OF RIGHTS vi 

ARTICLE 

1 NAME 1

2 OBJECTIVES 1

3 MEMBERSHIP 3

4 JURISDICTION 6

5 CONVENTIONS 6

6 REPRESENTATION 8 

7 GENERAL OFFICERS 10 

 8 DEPARTMENT & ADMINISTRATIVE OFFICERS 12 

9 DIVISION OFFICERS 16 

 10 ELIGIBILITY TO RUN AND HOLD NATIONAL, STATE, OR 

 LOCAL OFFICE 21

11 NOMINATIONS 22 

12 ELECTION PROCESS 29 

 13 NATIONAL EXECUTIVE BOARD, EXECUTIVE COUNCIL, 

 AND COMMITTEES 32

14 RECALL 35 

15 LOCAL & MEMBERSHIP PROTECTION 36 

 16 FISCAL YEAR – REVENUES AND CHARTERS 44 

17 SUBORDINATE BODIES 49 

18 REFERENDUM 49 

 19 NATIONAL & LOCAL OFFICERS’ BENEFITS 51 

 20 LOCALS, AREA LOCALS, STATE AND REGIONAL 

 ORGANIZATIONS 53

 21 SUCCESSION OF OFFICERS AND VACANCIES 53 

22 AMENDMENTS 54 

23 STRIKE SANCTION 54

BYLAWS 56 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 2 

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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 and divisions, believe that in unity there is

strength. 

We believe that 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 to be justly paid for 

the services they perform. 

That all 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 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 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. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 3 

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OFFICERS' OATH OF OFFICE 

I, (name) , having been duly elected to office in the (state) (local) 

of the American Postal Workers Union, AFL-CIO, do solemnly pledge to uphold the Constitution

and Bylaws of the American Postal Workers Union, AFL-CIO and of the (state) (local) . 

I further pledge to perform the duties of my office to the best of my ability. I promise that 

at the conclusion of my term of office, I will turn over to my successor all books, papers, records, 

and documents that are the property of the APWU (state) (local) . 

Last but not least, I promise to purchase only union made articles, whenever available. 

Failure to perform any of the above will mark me as an individual devoid of honor and destitute

of integrity. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 4 

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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. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 5 

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ARTICLE 1

NAME 

The name of this organization shall be the American Postal Workers Union, AFL-CIO,

hereinafter known as the APWU. 

ARTICLE 2

OBJECTIVES

SEC. 1. It shall be the objective of the APWU to secure through collective bargaining

and legislative effort a safe and healthy work environment, better working conditions and a 

better standard of living for the members of the APWU and their families. 

SEC. 2. The APWU affirms its belief in a single union of all postal workers in nonsupervisory levels. The 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 APWU philosophy. 

SEC. 3. The APWU will vigorously oppose any labor unions outside the Postal Service 

moving into the Postal Service union field. 

SEC. 4. The APWU will call on the American Federation of Labor-Congress of Industrial

Organizations (AFL-CIO), and its President, to aid in the cause of merging all postal unions into 

one single union. 

SEC. 5. The APWU will continue to organize the unorganized. 

SEC. 6. 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 APWU.

SEC. 7. To educate our membership and the general public 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. 

SEC. 8. To engage in legislative, political education, civic, welfare and other activities 

which further, directly or indirectly, the joint interests of the membership of this Union in the

improvement of general economic and social conditions in the United States of America. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 6 

SEC. 9. (a) To work as an autonomous union affiliated with the AFL-CIO, together with

other national and international unions for the solidification of the entire Labor Movement. 

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(b) The National Executive Board may provide assistance, financial and otherwise, to 

labor and other organizations in the United States and other parts of the world having purposes 

and objectives similar or related to those sought by this Organization. 

SEC. 10. The APWU is established as an industrial union, including in its membership

postal workers of all divisions who are not classified as supervisors. Its top leadership shall

consist of a President, Executive Vice President, and Secretary-Treasurer. 

SEC. 11. (a) The American Postal Workers Union shall request and make every effort to 

secure a meeting with the National Association of Letter Carriers, a minimum of once a year, for 

the sole purpose of discussing and moving in the direction of eventual merger. 

(b) Also, the same type of meetings shall be conducted, a minimum of once every two

(2) years, with the other postal unions (in the United States) that represent postal workers in

non-supervisory levels. 

SEC. 12. The APWU shall encourage the formation of state and area local / local 

retiree chapters of the APWU Retirees Department in every state and territory of the 

United States, in order that all APWU dues-paying retirees and their families shall have

access to state and area local / local APWU Retirees Department chapters to continue to

fight for those issues which affect APWU members, retirees, and their families. 

ARTICLE 3

MEMBERSHIP 

SEC. 1. Any non-supervisory employee, regardless of level or grade, within the

jurisdictional claim of the APWU is eligible for membership. Those accepted for membership

shall pay full per capita tax plus whatever dues may be required by his/her local union. 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, disciplinary suspension, 

lockout or strike. The National Union shall not charge the locals for per capita tax on these

employees during the period, but shall through their own resources keep that member in good

standing to protect his/her health coverage and any other benefits contingent on that good

standing. 

SEC. 2. No person eligible under the above provisions shall be denied membership

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

age, or religion. 

SEC. 3. HONORARY MEMBERSHIP. Any person whose name has been submitted to 

the National Secretary-Treasurer at least thirty (30) days prior to the national convention may be

elected to honorary membership by a majority vote of the national convention. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 7 

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Local unions shall have power to confer honorary local membership in their respective 

unions. Such members shall be known as honorary members. No honorary member shall be 

eligible to hold national office or be seated as a delegate at a convention, nor shall he or she

have the right to vote. 

SEC. 4. (a) RETENTION OF MEMBERSHIP. Local unions shall be granted the right to 

allow members of their organization who have resigned from employment in an APWU 

bargaining unit, or who may have been promoted to positions exercising supervisory authority,

the right to maintain their membership without voice or vote. Members who held supervisory 

positions and were members of the National Postal Transport Association on July 1961 may 

continue to retain membership with the right to vote. 

(b) No national, regional, state or local officer in the APWU can be removed from his or

her office for duly authorized Union activities other than through the procedures spelled out in 

the National Constitution. 

(c) Members of this Union who retire from employment in an APWU bargaining unit

may maintain full membership with all rights of such membership by continuing to pay full per 

capita taxes to the APWU plus whatever local dues may be required by their local union. They 

shall receive a ballot from the division last served while on active duty. 

Retirees whose APWU full dues/per capita payments have lapsed, due to extenuating 

circumstances, may appeal for reinstatement to the APWU National Secretary-Treasurer, 

providing supporting documentation and accompanied by written verification by the local 

president and secretary-treasurer. The APWU Retirees Department Director shall review retiree

appeals for full dues membership reinstatement, report a recommendation to the APWU 

National Secretary-Treasurer who shall present the appeal, findings, and recommendation to

the National Executive Board for a final determination. 

(d) All retirees who desire to become members of the APWU Retirees Department shall 

pay Twenty-Four Dollars ($24.00) per year per capita tax to the National Union. Such retirees

shall elect five (5) delegates to the national convention. Each Retiree National Convention 

Delegate will have a voice and one (1) vote at the national convention. The five (5) Retiree 

National Convention Delegates shall be paid necessary expenses to attend the national 

convention. 

SEC. 5. Federal classified employees may be accepted as associate members for 

Health Plan participation only. They shall pay Thirty-Five Dollars ($35.00) per annum for this 

privilege, Five Dollars ($5.00) of which shall go to the local in the area where the federalclassified employee is employed. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 8 

SEC. 6. MEMBERS-AT-LARGE. Any employee eligible for membership in the APWU,

AFL-CIO, may become a member-at-large (MAL), provided that no such membership be

granted in any installation where an APWU local exists. 

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SEC. 7. All members of the APWU shall be in their respective division. 

SEC. 8. OFFICIAL ORGAN. The official organ of this organization shall be published

through the headquarters of the APWU at Washington, D.C. Membership in this organization

shall include subscription to the official organ. The subscription price of the official organ of this 

organization to non-members shall be determined by the National Executive Board. 

SEC. 9. PROHIBITED. No criticism, reflection, argument or debate, touching on any 

member's race, color, creed, sex, sexual orientation, nationality, handicap, political affiliation,

age or religion shall be allowed at any meetings of the APWU. 

ARTICLE 4

JURISDICTION 

SEC. 1. The jurisdiction of the APWU includes all postal and mail handling operations, 

including but not limited to all work or operations directly or indirectly related to postal and mail 

handling operations, whether performed by employees of the U.S. Postal Service or any other 

employer, and including any operations that transmit message by electronic or other means,

and including personnel in headquarters, regional offices and technical support operations. 

ARTICLE 5

CONVENTIONS 

SEC. 1. (a) National conventions of this Union shall convene biennially in evennumbered years on any Monday in July or August, with the exception of the weeks of the 4th of 

July and last week of August. 

(b) The National Executive Board shall be empowered to select the site of the national 

convention city and to alternate sites by geographical location. 

Any local union of the American Postal Workers Union desiring to host the national 

convention shall submit detailed plans to the National Executive Board not later than three (3) 

years prior to January 15th of the year it desires to host the national convention. 

All conventions are to be conducted between the hours of 10 a.m. to 4 p.m. Monday 

through Friday. 

(c) Local unions submitting invitations shall be required to meet the minimum criteria for 

housing and convention facilities as established by the National Executive Board. 

SEC. 2. Arrangements for the administration and conduct of the national convention

shall be under the supervision and authority of the National Executive Board of the APWU. The

National Executive Board, at the request of the host local, shall have authority to change the 

dates and/or location of any national convention in the event of local or national emergency. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 9 

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SEC. 3. A Screening Committee, including division representatives, shall be appointed

to screen resolutions submitted with a view to eliminating repetitive resolutions and shall have 

authority to consolidate all resolutions containing the same basic subject matter. 

SEC. 4. All division meetings in the year of the national convention will be held on the 

Saturday and Sunday immediately prior to the National convention. 

Division meetings held in the year between national conventions shall conform to 

a regular format. Off-year division meetings shall be for a minimum of three (3) full days,

dedicating specific time to training and allocating such time as to be determined by the

Division Director to address business matters of the division, including discussion of 

and voting on resolutions. No division meeting shall be organized in such a way as to

preclude an appropriate business session or sessions. 

Resolutions shall be submitted, in writing, to the Division Director at least thirty

(30) days in advance of the division (craft) conference. 

The Division Director shall be responsible for announcing the agenda for each 

division meeting with sufficient advance notice. The Division Director shall cause a 

record of each Division meeting to be distributed to attending locals after such meetings. 

He/she shall also submit to the Secretary-Treasurer for inclusion in the next national

convention resolution book(s), such resolutions as may be adopted by the body of an

off-year division meeting. Resolutions adopted by division meetings immediately prior 

to the national convention shall be promptly submitted to the Screening Committee to be

brought forward in the national convention. 

SEC. 5. The national convention magazine shall be the responsibility of the SecretaryTreasurer. In no instance shall there be any advertising in said magazine. 

SEC. 6. No national officer shall have more than one (1) vote in convention and he/she 

shall not be permitted to vote by proxy for his/her local. 

SEC. 7. All delegates in attendance at National, Regional, or State Conventions shall be 

required to wear clothing and other articles insofar as possible, bearing the union label. 

SEC. 8. A BMC Conference in the year of the national convention will be held on

the Friday immediately prior to the national convention. 

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PAGE 10 

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ARTICLE 6

REPRESENTATION 

SEC. 1. (a) Each local union and area local shall be entitled to representation in national 

conventions of one (1) delegate and one (1) vote for each twenty-five (25) members or fraction 

thereof. 

(b) Each affiliate local shall be entitled to at least one (1) delegate vote. 

(c) Each state organization shall be entitled to one (1) delegate and one (1) vote for 

each twenty-five (25) members or fraction thereof of the unrepresented members. 

(d) Each regional organization which is organized in place of the state organization and

where no state organizations exist shall be entitled to one (1) vote for each twenty-five (25)

members or fraction thereof of the unrepresented members. 

(e) All local, state and regional organizations in electing their delegates to the national

convention must fulfill the requirements under applicable federal laws. National conventions 

credentials must be signed by the local president and/or the secretary, secretary-treasurer, or 

treasurer. 

(f) The Convention can, at its pleasure, give to visiting members-at-large (MAL) a vote 

provided not more than three (3) members-at-large attend the convention. If more than three 

(3) attend, the chairman of the Credentials Committee with the consent of the convention, shall 

apportion one (1) vote to every three (3) members-at-large. 

SEC. 2. (a) No local, state or regional union shall be represented by proxy. 

SEC. 3. METHOD OF VOTING ON ROLL CALL. One (1) or more delegates shall cast

the full numbers of votes to which his or her Local is entitled; the voting of delegates shall 

precede the roll call of national officers; but no delegate shall be seated with less than one (1)

full vote, except members-at-large. 

SEC. 4. Representation shall be based on the average amount of representation tax 

(per capita) paid monthly by each Local during the preceding fiscal year, provided, however,

that any local whose charter in the APWU has not been in existence for one (1) year is entitled

to representation at the convention on the average of per capita tax paid monthly since its 

admission. 

SEC. 5. Alternate delegates may be seated in the permanent absence of the regular 

delegates upon presentation of proper credentials. Alternate delegates shall not be seated in 

the temporary absence of the regular delegate. 

SEC. 6. Each national officer holding an elective office shall have voice and one (1) vote

and shall be a delegate to the national convention. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 11 

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ARTICLE 7

GENERAL OFFICERS

SEC. 1. (a) PRESIDENT. It shall be the duty of the President to preside at all 

conventions and at meetings of the National Executive Board and National Executive Council.

He/she shall be a member of all committees. He/she shall appoint the necessary committees at

each convention. He/she shall fill all vacancies from any cause whatsoever, subject to the

approval by a majority of the members of the National Executive Board, until such vacancy is

filled by regular election. He/she shall be empowered to appoint the necessary staff at national 

headquarters and throughout the organization to carry on the necessary programs of the Union 

such as industrial engineers, economists, financial technicians, industrial relations technicians, 

public relations personnel and national organizers. 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 by the Secretary-Treasurer and countersign all checks. He/she shall be responsible for 

all work of the Union and all officers of the Union shall work under his/her supervision. He/she

shall be the editor of the official organ of the Union. His/her salary shall be One Hundred

Twenty-Eight Thousand One Hundred Twenty-Nine and Eighty-Seven Cents ($128,129.87) 

per annum, plus necessary expenses. 

(b) EXECUTIVE VICE PRESIDENT. The Executive Vice President shall perform the 

duties of the President in case of his/her absence or inability to attend to the duties of his/her 

office. In the event of death or resignation of the President, the Executive Vice President shall

replace him or her until the next called general election. He/she shall be a member of the

National Negotiations Committee and he/she shall, under the direction of the President, assist in 

handling Union business. He/she shall, in the absence of the President, be authorized to sign

checks. His/her salary shall be One Hundred Eleven Thousand Six Hundred Forty-Two

Dollars and Twenty-Six Cents ($111,642.26) per annum, plus necessary expenses. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 12 

(c) SECRETARY-TREASURER. The Secretary-Treasurer, under the supervision of the

President, shall keep a record of all proceedings, and all other records of this Union. He/she 

shall be the custodian of the official seal and shall issue all charters. He/she shall supervise the

recording of the membership of each local union, along with the name and address of each

member-at-large. He/she shall see that a written report is submitted to the national convention, 

showing the number of locals and members and a written report of all his/her official acts during 

his/her term of office. The Secretary-Treasurer shall receive and deposit all monies from all 

local unions and members-at-large. He/she shall also be the official custodian of all monies of

this Union. He/she shall disburse all monies by check countersigned by the President. He/she

shall see that a written report is submitted to the national convention of all monies received and

disbursed. 

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The Secretary-Treasurer shall submit the books of the organization to an attested public 

accountant at the close of each fiscal year and report of the accounting shall be verified by the

Finance Committee. Upon written request, the report of the accounting shall be sent to local 

presidents, along with the Secretary-Treasurer’s analysis of the Union’s financial position. 

He/she shall perform such other duties as the President may require of him or her. 

The Secretary-Treasurer's salary shall be One Hundred Eleven Thousand Six

Hundred Forty-Two Dollars and Twenty-Six Cents ($111,642.26) per annum, plus necessary 

expenses. 

ARTICLE 8

DEPARTMENT & ADMINISTRATIVE OFFICERS

SEC. 1. INDUSTRIAL RELATIONS DEPARTMENT. The Industrial Relations Director 

shall be charged with the responsibility for the labor-management, national negotiations,

mechanization, health and safety for all divisions of the Union and the administration of the 

contract. His/her salary shall be One Hundred One Thousand Seven Hundred Seventy-Two 

Dollars and Eight Cents ($101,772.08) per annum, plus necessary expenses. 

SEC. 2. (a) LEGISLATIVE DEPARTMENT. The Legislative Director shall be charged 

with the responsibility of directing all activities of the Union with regard to legislation of interest 

to the members and their families. He/she shall develop publicity programs and be the editor of

the weekly news bulletin and the associate editor of the official organ of the Union. He/she shall 

work in cooperation with the AFL-CIO and other national and international unions with regard to 

legislation. His/her salary shall be One Hundred One Thousand Seven Hundred SeventyTwo Dollars and Eight Cents ($101,772.08)per annum, plus necessary expenses. 

(b) Assistant Legislative Director shall assist the Legislative Director in the development 

of legislative programs of the APWU. He/she shall assist the Legislative Director with the

weekly news publication and assist in the development of publicity programs of the APWU.

His/her salary shall be Ninety-Five Thousand One Hundred Fifty-Two Dollars and SeventyThree Cents ($95,152.73) per annum, plus necessary expenses. 

SEC. 3. ORGANIZATION DEPARTMENT. The Organization Director shall direct and

be responsible for maintaining and/or increasing the membership in this Union and direct the

organization of the unorganized. 

He/she shall promote and encourage and advise membership committees in all phases 

of membership recruitment programs. Current brochures and material shall be prepared and

maintained by him/her. The organizing material shall appeal to membership of all divisions 

under the jurisdiction of the APWU. His/her salary shall be Ninety-Five Thousand One 

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PAGE 13 

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Hundred Fifty-Two Dollars and Seventy-Three Cents ($95,152.73) per annum, plus 

necessary expenses. 

SEC. 4. RESEARCH AND EDUCATION DEPARTMENT. The Research and Education 

Director shall be charged with the responsibility of conducting research and administering 

educational programs at the national, regional, state, area and local levels. Education shall be a

mandatory part of the business of the APWU, particularly education in labor history, labor

problems, grievance procedure, the objectives of the APWU and the problems of the APWU, its

members and their families. 

There shall be established educational areas throughout the fifteen (15) regions to which 

educational representatives shall be assigned. These educational representatives shall be

appointed by the President to work under the direction of the Research and Education Director 

and such appointments shall be approved by the National Business Agent(s) in whose area they

shall serve. His/her salary shall be Ninety-Five Thousand One Hundred Fifty-Two Dollars 

and Seventy-Three Cents ($95,152.73) per annum, plus necessary expenses. 

SEC. 5. HEALTH PLAN DEPARTMENT. The APWU shall have a Health Plan Director.

This officer shall serve on the Board of Directors for the APWU Health Plan and shall work 

under the direction of the President. His/her salary shall be One Hundred One Thousand 

Seven Hundred Seventy-Two Dollars and Eight Cents ($101,772.08) per annum, plus 

necessary expenses. Such salary shall come from the premiums of the APWU Health Plan. 

SEC. 6. (a) HUMAN RELATIONS DEPARTMENT. The Human Relations Director shall 

prepare and direct programs in the area of equal opportunity civic programs, community service 

programs, retirement programs and all other related programs. His/her salary shall be NinetyFive Thousand One Hundred Fifty-Two Dollars and Seventy-Three Cents ($95,152.73)per 

annum, plus necessary expenses. 

(b) The President shall appoint one (1) representative residing and working within each

OWCP district to handle, on an "as-needed" basis, such claims as may arise. Such

Representatives will be under the administrative control of their respective Regional 

Coordinators but will be credited to and against the staffing and budget of the Human Relations 

Department. Each Regional Coordinator may, if necessary, appoint, subject to approval of the 

President, one (1) representative to handle such EE0 cases as may arise on an "as-needed" 

basis. These representatives will be under the administrative control of their respective

Regional Coordinators but will be credited to and against the staffing and budget of the Human

Relations Department. Such representatives will be reimbursed for expenses and lost time 

only. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 14 

SEC. 7. REGIONAL COORDINATORS. There shall be five (5) Regional Coordinators, 

to be elected from their respective regions. The Regional Coordinators shall operate under the 

direction of the President. The Regional Coordinators shall be members of the National 

Case 2:06-cv-00767-MEF-SRW Document 43-3 Filed 02/20/2007 Page 14 of 45
Executive Board. Their salary shall be Eighty-Three Thousand Nine Hundred Fifty-Three

Dollars and Twenty-Eight Cents ($83,953.28) per annum, plus necessary expenses. 

SEC. 8. CARIBBEAN AREA NATIONAL BUSINESS AGENT. There shall be an elected 

National Business Agent who shall serve all APWU represented employees in all divisions for 

the Caribbean Area and shall be eligible to participate as a National Business Agent in all official

meetings of the Division Councils, excluding the filling of vacancies in Article 18. His/her salary 

shall be Seventy-Five Thousand Three Hundred Sixty-Seven Dollars and Ninety-Nine

Cents ($75,367.99) per annum, plus necessary expenses. 

SEC. 9 ALASKAN AREA NATIONAL BUSINESS AGENT. There shall be an elected 

National Business Agent who shall serve all APWU represented employees in all divisions 

within the state of Alaska on an "as-needed" basis and shall be eligible to participate as a

National Business Agent in all official meetings of the Division Councils, excluding the filling of

vacancies in Article 18. His/her salary shall be Seventy-Five Thousand Three Hundred SixtySeven Dollars and Ninety-Nine Cents ($75,367.99) per annum, plus necessary expenses.

This salary shall be paid to this officer only when performing the duties of this position. 

SEC. 10. PACIFIC AREA NATIONAL BUSINESS AGENT. There shall be an elected 

National Business Agent who shall serve all APWU represented employees in all divisions 

within the Pacific Area and shall be eligible to participate as a National Business Agent in all 

official meetings of the Division Councils, excluding the filling of vacancies in Article 18. His/her 

salary shall be Seventy-Five Thousand Three Hundred Sixty-Seven Dollars and NinetyNine Cents ($75,367.99) per annum, plus necessary expenses. 

ARTICLE 9

DIVISION OFFICERS 

SEC. 1. CLERK DIVISION. (a) Director: The Director of the Clerk Division shall be

responsible for the Division. He/she shall also be responsible for processing all grievances in 

the division. He/she shall be a member of the Labor-Management Committee and National 

Negotiating Team. His/her salary shall be One Hundred One Thousand Seven Hundred

Seventy-Two Dollars and Eight Cents ($101,772.08)) per annum, plus necessary expenses. 

(b) Assistant Director (A): The Assistant Director shall assist the Director of the Clerk 

Division in handling of grievances and such other duties that may be assigned to him/her. 

His/her salary shall be Ninety-Five Thousand One Hundred Fifty-Two Dollars and SeventyThree Cents ($95,152.73) per annum, plus necessary expenses. 

(c) Assistant Director (B): The Assistant Director shall assist the Director of the Clerk 

Division in handling of grievances and such other duties that may be assigned to him/her. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 15 

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His/her salary shall be Ninety-Five Thousand One Hundred Fifty-Two Dollars and SeventyThree Cents ($95,152.73) per annum, plus necessary expenses. 

(d) Assistant Director (C): The Assistant Director shall assist the Director of the Clerk 

Division in handling of grievances and such other duties that may be assigned to him/her. 

His/her salary shall be Ninety-Five Thousand One Hundred Fifty-Two Dollars and SeventyThree Cents ($95,152.73) per annum, plus necessary expenses. 

(e) National Business Agents: The forty (40) National Business Agents shall serve as 

field representatives in their assigned regions or in any place that the President so directs. 

Under the Division Director's supervision, they shall have jurisdiction over grievances and 

organization matters within their assigned region. Their salary shall be Seventy-Five

Thousand Three Hundred Sixty-Seven Dollars and Ninety-Nine Cents ($75,367.99) per 

annum, plus necessary expenses. 

(f) The forty (40) National Business Agents of the Clerk Division shall be listed 

according to seniority as national officers. 

(g) National Organizers: The APWU Organization reserves the right to select

representatives to be known as National Organizers who will primarily be used in organizing and

public relations work under the direction of the National Business Agent. They shall be 

appointed by the President for the term of one year (1) commencing October 1 of each year. 

Their lost time and actual expenses will be paid out of the National Treasury. 

(h) The National Clerk Division Council shall be comprised of the Division Director, the

three (3) Assistant Directors, the National Business Agents and National Organizers. 

SEC. 2. MOTOR VEHICLE SERVICE (MVS) DIVISION. (a) Director: He/she shall be 

charged with the responsibility of handling all problems and grievances pertaining to MVS.

He/she shall be a member of the Labor-Management Committee and National Negotiating

Team. His/her salary shall be Ninety-Five Thousand One Hundred Fifty-Two Dollars and

Seventy-Three Cents ($95,152.73) per annum, plus necessary expenses. 

(b) Assistant Director: He/she shall be charged with the responsibility of maintaining all

records of the MVS membership. He/she shall assist the Director of the MVS Division in 

grievances and other organizational problems. His/her salary shall be Eighty-Eight Thousand

Five Hundred Fifty-Nine Dollars and Seventy-Six Cents ($88,559.76) per annum, plus 

necessary expenses. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 16 

(c) National Business Agents: There shall be six (6) National Business Agents, one (1) 

in the Southwest Sub-Region (Arkansas, Kansas, Louisiana, Missouri, Nebraska, Oklahoma

and Texas), one (1) in the Southeast Sub-Region (Alabama, Florida, Georgia, Mississippi, North 

Carolina, South Carolina and Tennessee) and one (1) each in the Central (Illinois, Indiana,

Iowa, Kentucky, Michigan, Minnesota, North Dakota, Ohio, South Dakota and Wisconsin), 

Eastern, Northeast and Western postal regions. They shall be charged with the responsibility 

Case 2:06-cv-00767-MEF-SRW Document 43-3 Filed 02/20/2007 Page 16 of 45
of handling problems, grievances, and such other duties as may be assigned to them by the

Director of the MVS Division. Their salary shall be Seventy-Five Thousand Three Hundred

Sixty-Seven Dollars and Ninety-Nine Cents ($75,367.99) per annum, plus necessary

expenses. 

(d) The National Motor Vehicle Service Division Council shall be comprised of the

Division Director, Assistant Director, and the National Business Agents. 

SEC. 3. MAINTENANCE DIVISION. (a) Director: The Director of the Maintenance 

Division shall be charged with the responsibility of the operation and have authority concerning 

Maintenance employees. He/she shall be a member of the National Negotiating Team, National 

Mechanization Committee and Labor-Management Committee. His/her salary shall be NinetyFive Thousand One Hundred Fifty-Two Dollars and Seventy-Three Cents ($95,152.73)) per

annum, plus necessary expenses. 

(b) Assistant Director (A): The Assistant Director (A) shall assist the Director of the

Maintenance Division in the handling of grievances and such other duties that may be assigned

to him/her. His/her salary shall be Eighty-Eight Thousand Five Hundred Fifty-Nine Dollars 

and Seventy-Six Cents ($88,559.76) per annum, plus necessary expenses. 

(c) Assistant Director (B): The Assistant Director (B) shall assist the Director of the

Maintenance Division in the handling of grievances and such other duties that may be assigned

to him/her. His/her salary shall be Eighty-Eight Thousand Five Hundred Fifty-Nine Dollars 

and Seventy-Six Cents ($88,559.76)) per annum, plus necessary expenses. 

(d) National Representative-at-Large: The National Representative-at-Large shall assist

officers in the field of grievances, organizational activities and general union business. He/she

will assume the duties of the BMC Coordinator. His/her duties shall include that (a) he or she 

shall direct inquiries or special problems at the Bulk Mail Centers (BMC) to the national officers

for resolution and/or immediate response; and (b) he or she shall coordinate and co-chair the

BMC meetings with the host local; and (c) shall provide written response to specific problems 

within sixty (60) days. His/her salary shall be Eighty-Eight Thousand Five Hundred FiftyNine Dollars and Seventy-Six Cents ($88,559.76) per annum, plus necessary expenses. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 17 

(e) National Business Agents: There shall be nine (9) National Business Agents of the 

Maintenance Division, two (2) in the Western and Southern postal regions and one (1) each in

the Eastern and Northeast postal regions and one (1) each in Central Sub-Region A (Illinois, 

Indiana, Kentucky and Ohio), Central Sub-Region B (Iowa, Kansas, Missouri and Nebraska) 

and Central Sub-Region C (Michigan, Minnesota, North Dakota, South Dakota and Wisconsin); 

and they shall be elected by mail ballots, restricted to membership of the respective region or 

sub-region. Their salary shall be Seventy-Five Thousand Three Hundred Sixty-Seven 

Dollars and Ninety-Nine Cents ($75,367.99) per annum, plus lost time and necessary 

expenses. 

Case 2:06-cv-00767-MEF-SRW Document 43-3 Filed 02/20/2007 Page 17 of 45
(f) The National Maintenance Division Council shall be comprised of the Division

Director, the Assistant Directors, National Representative-at-Large, and the National Business 

Agents. 

SEC. 4. SUPPORT SERVICES DIVISION. (a) The Division shall be comprised of 

members from information service centers, mail transport equipment service centers, mail

equipment shops, material distributions centers, operating service facilities, mail transport 

operations, other non-mail processing facilities or operations, and related operations in the 

private sector with the right to ratify respective agreements. 

(b) National Business Agent: There shall be a National Business Agent. This National 

Business Agent shall be charged with the responsibility of grievances and other organization

matters and other issues relating to the division. He/she shall be a member of the LaborManagement Committee and the National Negotiating Team. His/her salary shall be SeventyFive Thousand Three Hundred Sixty-Seven Dollars and Ninety-Nine Cents ($75,367.99) 

per annum, plus expenses. 

SEC. 5. Mail Handler Division: The appointment of a Mail Handler Representative for 

each of the five (5) regions will be utilized, as needed. 

SEC. 6. All Division Officers shall be responsible to and work under the direction of the 

Division Director of their respective divisions. 

SEC. 7. Nationally appointed advocates shall be paid for lost hours based on the salary 

of Fifty-Seven Thousand Eight Hundred Four Dollars and Six Cents ($57,804.06) and

Twenty-Seven Dollars and Seventy-Nine ($27.79) per hour, and that they be given future pay 

increases in the same manner as national officers. 

SEC. 8. All divisions will be established on a departmental basis within the structure of 

the APWU. Each division department shall be headed by its own director and other necessary 

officers, who shall be members of the particular division and shall be elected only by members 

of that division. This administrative structure is to apply similarly in the organization of local, 

area, state and regional unions affiliated with the APWU wherever feasible. 

ARTICLE 10

ELIGIBILITY TO RUN AND HOLD NATIONAL,

STATE, OR LOCAL OFFICE 

SEC.1 Eligibility for Office. To be eligible for nomination, the candidate must be a 

member in good standing. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 18 

(b) No member holding office in any other organization representing employees for the

purposes of collective bargaining or in administrative proceedings can be elected or appointed 

as an officer of the APWU, nor can he/she be seated as a delegate to the national convention. 

Case 2:06-cv-00767-MEF-SRW Document 43-3 Filed 02/20/2007 Page 18 of 45
SEC. 2 (a) Any National 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 

and if such resignation is not forthcoming, the National Executive Board shall, upon conclusive

evidence, declare said office vacant and appoint a successor. 

(b) Any employee eligible to be a member of the American Postal Workers Union who

voluntarily holds a managerial, supervisory or EAS position with responsibility for issuing or

recommending discipline, or applying or interpreting the National Agreement for the equivalent

of a two-week period in a year shall be ineligible to hold office at any level of the APWU or to be

a delegate to any convention held by the APWU or any subordinate body of the APWU, so long 

as the employee continues to serve in such position and for a period of one (1) year from the 

time the employee vacates such position. 

 Any member who has submitted an application to a managerial, supervisory, or EAS 

position with responsibility for issuing or recommending discipline or for applying or interpreting

the National Agreement shall withdraw such application prior to acceptance of nomination for 

any office in the APWU.

(c) Any member who voluntarily, after August 31, 1984, holds, accepts or applies for

any managerial or supervisory position, EAS position or the PASS Program or any other

supervisory program, for any period of time, whether one (1) day or a fraction thereof, either 

detailed, acting, probationary or permanently after being elected or appointed to any office,

shall immediately vacate any office 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 receives financial support or uses the

name of the American Postal Workers Union. 

ARTICLE 11

NOMINATIONS 

SEC. 1. The officers of this Union shall be elected by secret ballot by plurality vote and

shall consist of President, Executive Vice President, Secretary-Treasurer, Industrial Relations 

Director, Legislative Director, Assistant Legislative Director, Organization Director, Research

and Education Director, Health Plan Director, Human Relations Director, and five (5) Regional 

Coordinators (One for Central, Eastern, Northeast, Southern and Western). Where there is

more than one (1) National Business Agent within a region, they will be referred to as National

Business Agent (A), (B), (C), (D), etc. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 19 

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CLERK DIVISION: Director, three (3) Assistant Directors who will be referred to as Assistant 

Director (A), (B) and (C), and forty (40) National Business Agents (refer to chart for complete

breakdown into regions).

MOTOR VEHICLE SERVICE DIVISION: Director, Assistant Director and six (6) National 

Business Agents (refer to chart for complete breakdown into regions). 

MAINTENANCE DIVISION: Director, two (2) Assistant Directors who will be referred to as

Assistant Director (A) and (B), National Representative-At-Large and nine (9) National Business 

Agents (refer to chart for complete breakdown into regions ). 

SUPPORT SERVICES DIVISION: National Business Agent 

National Business Agent, Caribbean Area 

National Business Agent, Alaskan Area, "as-needed" 

National Business Agent, Pacific Area 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 20 

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CHART FOR NATIONAL BUSINESS AGENTS (NBA) 

Clerk Maintenance MVS Support 

Services

Other 

CENTRAL REGION 1

 

(covers IL, 

IN, IA, KY,

MI, MN,

ND, OH,

SD, WI)

Region: 

 Chicago 3 

 Cincinnati 3

 Minneapolis 2

 St. Louis 2

 Wichita 2

Sub-Region: 

 A (IL,IN,KY,OH) 

1

 B (IA,KS,MO,NE) 1 

 C (MI,MN,ND,SD,WI) 1( 

EASTERN REGION 1 1 

Region: 

 Philadelphia 3 

Washington, DC 3 

NORTHEAST REGION 1 1 1 

(Caribbean Area) 

Region: 

 New England 3 

 New York 3

SOUTHERN REGION 2

Region: 

 Atlanta 3 

Dallas 3 

 Memphis 2

Sub-Region: Southwest 

(AR,KS,LA,MO,NE,OK,TX) 

1

Sub-Region: Southeast 

(AL,FL,GA,MS,NC,SC,TN) 

1

WESTERN REGION 2 1 2 

(Pacific & Alaskan 

Areas) 

Region: 

 San Francisco 4 

 Denver 2

 Northwest 2

ALL REGIONS 1 

m 

SEC. 2. (a) CANDIDATES FOR NATIONAL RESIDENT OFFICES. Any member in 

good standing in this Union may be a candidate for election, if eligible, provided he/she has 

nominating petitions endorsed by at least a total of twelve (12) locals, representing at least five 

(5) states in three (3) or more regions. 

(b) Candidates for Regional Coordinator must be members-at-,large or members in

good standing of a local in the region he/she seeks to represent and must have nominating

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 21 

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petitions endorsed by at least ten (10) locals representing at least four (4) states within the 

Region. 

(c) Candidates for any division position must be members of the division in which they

seek such positions and they are to be elected only by members of that division. 

(d) Candidates for National Business Agent, Clerk Division must be members-at-large 

or members in good standing of a local in the region he/she seeks to represent and endorsed by 

at least eight (8) locals within that region. 

(e) Candidates for National Resident Offices, Motor Vehicle Service and Maintenance

Divisions shall have their nominating petitions endorsed by twelve (12) locals from five (5) 

states. 

(f) Candidates for National Business Agent, Maintenance Division shall have their 

nominating petitions endorsed by division members representing at least ten (10) locals in at 

least four (4) states within their region. 

(g) Candidates for National Business Agent, Motor Vehicle Service Division shall have 

their petitions endorsed by division members from eight (8) different locals within their region. 

(h) Candidates for the National Business Agent, Caribbean Area shall be members-atlarge or members in good standing and must be residents of the Caribbean Area. Petitions are

to be signed by the local president and secretary. 

(i) Candidates for the National Business Agent, Alaskan Area must be members-atlarge or members in good standing and must be residents of the state of Alaska. Petitions are

to be signed by the local president and secretary. 

(j) Candidates for the National Business Agent, Support Services Division must be 

members-at-large or members in good standing and must work in one of the facilities of the

Support Services Division and shall have their nominating petitions endorsed by at least three 

(3) Support Services Facilities. Petitions are to be signed by the local president and secretary. 

(k) Candidates for the National Business Agent, Pacific Area must be members-at-large

or members in good standing and must work within the Pacific Area. Petitions are to be signed 

by the local president and secretary. 

(l) Petitions from Caribbean Area, Alaskan Area and Pacific Area must have at least one 

(1) petition signed by one local from their respective region. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 22 

(m) Candidates for Retiree National Convention Delegate must be members in good 

standing of the APWU Retirees Department, paying Twenty-Four ($24.00) Dollars per year per 

capita tax to the National Union. A member of the APWU Retirees Department in good standing

may request a nominating petition and may nominate himself or herself or any other member in 

good standing of the APWU Retirees Department to be a candidate for Retiree National 

Convention Delegate for the region that he/she will represent, and he/she will be elected from 

that region. Members in good standing who are nominated by others and are not selfCase 2:06-cv-00767-MEF-SRW Document 43-3 Filed 02/20/2007 Page 22 of 45
nominated, will be notified that they have been so nominated and must agree in writing to 

accept the nomination before their names can be placed on the ballot. 

SEC. 3. (a) Any eligible member may secure an official petition from the SecretaryTreasurer on May 1 through June 1 of the election year. Such petitions will be duplicated by 

each candidate at his/her own expense and must be received no later than June 15 at 5 p.m. at

a box designated by the Secretary-Treasurer. Candidates shall provide in such petitions a

certification signed by them, stating: "I am a member in good standing of the Division."

“I am employed by __________.” "The title of my job is " "I am

retired: " "I am not retired: ". Candidates for Retiree National Convention 

Delegate shall certify that they are members in good standing of the APWU Retirees 

Department and are not employed by the United States Postal Service. 

(b) The Secretary-Treasurer shall, after certifying the constitutional qualifications of

each candidate, publish in the August issue of the official organ, the names of all candidates for 

National Office, and for Retiree National Convention Delegate. In the event that only one (1)

eligible candidate is nominated for an office, the Secretary-Treasurer shall cast one (1) ballot for 

each nominee whereupon the Election Committee shall declare the nominee(s) duly elected to 

the respective position.

(c) The Editor of the APWU official organ shall print in the August issue articles

contributed by candidates for contested positions, not to exceed three hundred (300) words and 

all such articles shall be submitted, by certified mail, and received by the Secretary-Treasurer, 

not later than July 1 to be valid for printing. 

(d) In the event of the death of a nominee for any office or Retiree National Convention 

Delegate, the National Executive Board shall be empowered, in its own discretion, to take such 

action consistent with federal laws as it deems necessary, including but not limited to, the 

holding of new nominations and election for the affected office(s). 

SEC. 4. Any APWU member seeking election to a Health Plan national office must be a 

member in good standing (if eligible) of the APWU Health Plan in order to be declared an 

"official candidate." 

ARTICLE 12

ELECTION PROCESS 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 23 

SEC. 1. An Election Committee shall be appointed by the President and shall consist of

not less than five (5) members and shall submit a full report of the election returns to the 

President immediately after the tally has been completed, but not later than November 1st. 

Their lost time and expenses shall be paid for by the APWU. Any candidate may have a right to 

witness the tabulation at his/her own expense. The Election Committee shall promulgate 

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reasonable rules and regulations governing the conduct of all national elections. Such rules and

regulations shall be consistent with the National Constitution and all applicable federal laws. A 

copy of these rules shall be printed in the April issue of the official APWU organ. 

SEC. 2. The President shall select a recognized outside ballot association to conduct 

the election under the supervision of the Election Committee. No later than September 15 of an 

election year, the selected outside ballot association shall mail ballots to each member in good 

standing at their last-known address. Notice shall be enclosed with the ballot advising the 

member of the deadline by which the ballot must be received by the Election Committee in order 

to be counted. The deadline for receipt of ballots from members in good standing shall be no

less than twenty (20) days from the date on which the ballot association mailed ballots to 

members in good standing. To be eligible to vote, a member must be in good standing 

according to the official records of the National Union on June 15 of the election year. It shall

be the duty of the Secretary-Treasurer to furnish the ballot association with a mailing list early 

enough so that ballots will be mailed out during the period September 10 through September 15 

of an election year. No other matter shall be enclosed in either the outer envelope or the ballot

envelope, except the printed information. 

SEC. 3. The member voting shall indicate his/her choice for each of the candidates

names by making a cross (X) or check ( ) opposite the name of the candidate for whom he/she 

wishes to vote. The voter shall then seal his/her ballot in the small envelope, without any 

writing, or other means of identification upon it, and enclose this envelope in the larger one and

complete the address in accordance with the instructions enclosed with the ballot. 

SEC. 4. (a) Write-in votes shall not be valid, counted or considered. Any unopposed 

candidate duly-qualified by nominating petition for office or Retiree National Convention

Delegate, after nomination petitions have been closed, shall be declared elected, and his/her

name shall not appear on the ballot.

(b) Members may not file or be candidates for more than one (1) elective office. 

SEC. 5. Ballots to be valid shall be in the designated Box not later than 2 p.m., October 

5. They shall be taken from the designated box at or about 2 p.m., October 5th by the ballot

association with at least two (2) members of the Election Committee 

being present. In the event October 5th falls on a Saturday, Sunday, or holiday, the time shall 

be extended to the next weekday. The Chairperson of the Election Committee shall be 

responsible for having printed tally sheets properly prepared, showing the votes cast by each

local. Tally sheets for Retiree National Convention Delegate shall show the total votes cast. 

Counting ballots must be completed by November 1. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 24 

SEC. 6. The ballots shall be counted in the presence of no less than three (3) members 

of the Election Committee. The candidate or candidates receiving the highest number of votes 

for each office shall be declared elected. In the case of a tie affecting the final selection of one

Case 2:06-cv-00767-MEF-SRW Document 43-3 Filed 02/20/2007 Page 24 of 45
(1) or more candidates, only the names of the tied candidates shall be re-submitted to the

Election Committee who shall prepare a ballot and conduct another election. After certification

of the election results, signed by members of the Election Committee, it shall be the duty of the

Secretary-Treasurer to announce the results of the election in the next edition of the official

organ. 

SEC. 7. National Officers and Retiree National Convention Delegates shall be elected

by mail ballot of the members for a three (3) year period, effective November 1 of the election 

year. 

Newly-elected officers shall report and take office on November 12 of the election year,

and outgoing officers shall remain on the job in an advisory capacity for a period of five (5)

working days, in order to effectuate a smooth transition of officers. 

SEC. 8. Each local union, area local, regional and state organization shall establish an

election committee, no member of which shall be a candidate for election while serving on such 

committee. The election committee shall be responsible for the conduct of local elections and 

shall decide all controversies arising out of the election processes. Any member who feels 

aggrieved in connection with the conduct of a local, state or regional election shall file his/her

grievance with the election committee within seventy-two (72) hours after his/her grievance

arises. (For the purpose of this Article, the term "election" shall include nominating procedures.) 

Appeals from the decision of the election committee shall be to the National Election

Appeals Committee described in Section 9 of this Article; shall be in writing; shall set forth all the 

relevant facts on which the appeal is based; and shall be filed with the National Election 

Appeals Committee within five (5) days from receipt of the decision of the affiliate’s election 

committee. 

SEC. 9. Any member who feels aggrieved in connection with the conduct of a national 

election shall file his/her grievance with the National Election Appeals Committee within 

seventy-two (72) hours after his/her grievance arises. 

SEC. 10. The President of the APWU, with the approval of the National Executive

Board, shall appoint a National Election Appeals Committee which shall consist of the President

and four (4) additional members. This Committee shall have final authority to decide disputes,

controversies and appeals arising out of local, state, regional and national elections. The

National Election Appeals Committee shall have authority to adopt rules and regulations as it

deems desirable to promptly accomplish the objective of this Article. Where the National 

Elections Appeals Committee finds merit in an appeal, it shall have full authority to direct and 

impose such a remedy as it considers necessary or proper. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 25 

SEC. 11. Officers, declared elected through applicable procedures of national, local,

area local, regional and state organizations, shall assume and hold office pending final

determination, under the appeals procedures provided in this Article. 

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ARTICLE 13

NATIONAL EXECUTIVE BOARD, EXECUTIVE COUNCIL, AND COMMITTEES 

SEC. 1. The National Executive Board of the APWU shall consist of the President,

Executive Vice President, Secretary-Treasurer, Industrial Relations Director, Clerk Division

Director, Motor Vehicle Service Division Director, Maintenance Division Director, and the five (5) 

Regional Coordinators. 

The National Executive Board shall be the highest-ranking governing body of the

American Postal Workers Union, AFL-CIO, in between conventions and shall meet at least once 

a calendar year and/or at the call of the President. 

Furthermore, a majority of the members of the National Executive Board, upon written

request, shall have the power to call a special meeting of the National Executive Board. 

The National Executive Board of the APWU and the Director of the Health Plan shall be

the Board of Directors of the Health Plan. 

SEC. 2. NATIONAL EXECUTIVE COUNCIL: The National Executive Council shall be

comprised of the National Executive Board, all Division Councils, and all other full-time national 

officers. 

SEC. 3. The delegates of the American Postal Workers Union to the AFL-CIO 

convention shall be the President, Secretary-Treasurer, Legislative Director, Research and

Education Director and Human Relations Director. If, for any reason, any of the foregoing are 

unable to attend the AFL-CIO Convention, the President shall appoint an alternate delegate or 

delegates. Delegates shall attend the sessions of the AFL-CIO convention and properly 

represent this organization, guided by instructions of the APWU and the National Executive

Board. 

SEC. 4. ELIGIBILITY TO COMMITTEES: No person shall be eligible for membership 

on any Committee unless he/she is a member in good standing of the APWU. 

SEC. 5. There shall be a standing Constitution Committee of seven (7) members, 

including division representation, appointed by the President. The Committee shall review the

Constitution and Bylaws of all of its subordinate bodies to determine their compliance with

existing labor laws and the provisions of the Constitution and Bylaws of the APWU. The

Constitution Committee shall convene at the call of the President. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 26 

SEC. 6. FINANCE COMMITTEE: At least one (1) month in advance of the national 

convention, the President shall request the presidents of three (3) local unions to designate a

delegate elected from their respective unions to serve as a member of the Finance Committee.

Upon receipt of notice of selection of three (3) members for the Finance Committee, the

President shall notify them of their appointment and designate a date on which they will report to 

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national headquarters. The Finance Committee shall review and verify the audit of the books 

and accounts of the Secretary-Treasurer. The Finance Committee shall check, review and

approve the bonds of the national officers and make a report of their findings. Their report shall 

be printed with the Report of Officers and submitted to the national convention. Their necessary

expenses incurred in the performance of their duties shall be paid from the national treasury. 

SEC. 7. There will be established a Women's Committee which should be known as

APWU POWER (Post Office Women for Equal Rights). 

SEC. 8. There will be established a Deaf/Hard of Hearing Task Force Committee. 

SEC. 9. RANK AND FILE BARGAINING ADVISORY COMMITTEE AND CONTRACT

RATIFICATION. 

(a) Each member of the National Executive Board shall appoint one (1) member who is 

not on the national payroll to serve on the Rank and File Bargaining Advisory Committee. 

No fewer than one (1) member from the Deaf and Hard of Hearing Task Force shall 

be an automatic member of the Rank and File Bargaining Advisory Committee during 

National negotiations of our Collective Bargaining Agreement.

The purpose of the committee shall be to recommend and advise the National 

Negotiating Team on bargaining demands. It shall be convened on the call of the President not

less than sixty (60) days prior to the submission of the proposed contract demands and at such

other time(s) as the President might deem necessary to keep the Committee adequately 

informed on the progress of the negotiations, but specifically when any tentative agreement has 

been reached. 

(b) The National Negotiating Team has full authority to negotiate the terms of any 

collective bargaining agreement with an employer with respect to grievances, labor disputes, 

rates of pay, wages, fringe benefits, and hours of employment or conditions of work, subject to

the following: 

(1) The Rank and File Bargaining Advisory Committee be given full veto power 

over the proposed National Agreement. 

(2) If a majority of the voting members of the Committee vote against

acceptance of the proposed agreement, the contract will not be sent out on a referendum and

shall be considered a mandate to the National Negotiating Team to reopen negotiations. 

(c) The National Rank and File Bargaining Advisory Committee, upon their approval of 

the tentative agreement, shall determine the conduct of the membership ratification vote by 

mail, providing the envelopes in this referendum are exactly the same in all physical 

characteristics and destinations and provided that the envelopes are private, without a window. 

They shall select from among their members a subcommittee of five (5) to supervise the

counting of the ballots. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 27 

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Any National Agreement brought to the membership for ratification vote will 

contain sufficient details for the membership to make an informed decision prior to any 

ratification vote. 

ARTICLE 14

RECALL 

There shall be no recall provision in this Constitution and Bylaws, or in the

Constitution or Bylaws of any APWU subordinate body. Removal of officers is governed 

by Article 15. 

ARTICLE 15

LOCAL AND MEMBERSHIP PROTECTION 

The following shall constitute offenses, the commission of which shall subject any officer

or member of the American Postal Workers Union, or of any subordinate body of APWU, or a

subordinate body itself, to disciplinary action as set forth herein: 

SEC. 1. (a) Violating any provision of the Constitution or Bylaws of the APWU or of a

subordinate body, or failure to perform duties or functions specified or required therein; 

(b) Engaging in a movement which has for its purpose the fostering of a rival

organization; 

(c) Violating the right of members to be free from discrimination on the basis of race,

color, creed, sex, sexual orientation, nationality, handicap, political affiliation, age, or religion; 

(d) Engaging in conduct that would expose the APWU to civil liability; 

(e) Joining or lending active support to any organization or movement, whose purposes

and objectives are contrary to the fundamental principles of the government of the United States 

of America, such as a communist or fascist movement. 

(f) An officer or member or subordinate body found guilty of any of the foregoing after 

the filing of charges and the holding of hearings and other procedures as prescribed in this 

Article, may be disciplined by probation, suspension, expulsion, or other appropriate disciplinary 

action. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 28 

SEC. 2. (a) Except in case of suspension or expulsion for non-payment of dues or per 

capita, the President may initiate suspension proceedings against a subordinate body upon a 

finding of: (1) a willful and substantial commission of an offense prohibited by Section 1 of this 

Article, and may suspend a subordinate body upon a finding; (2) that such suspension is 

necessary to prevent the theft, misappropriation, or embezzlement of the funds, assets or

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properties of the subordinate body. Any such finding and suspension shall be made, in writing,

setting forth the basis therefor, and shall be effective upon delivery to the subordinate body. 

(b) Where a subordinate body is suspended under Section 2(a)(2) above, the President

may appoint a trustee immediately to assume management of the affairs and business of the 

subordinate body. 

Where suspension proceedings have been initiated against a subordinate body under

Section 2(a)(1), the trustee shall not be appointed until charges are sustained by the trial board

and affirmed by the National Executive Board. 

(c) The Secretary-Treasurer shall serve specific charges in writing upon such 

subordinate body as promptly as possible [but not later than five (5) days after its suspension or 

the appointment of a trustee under Section 2(a)(2)], and a trial of such charges shall take place

within thirty (30) days thereafter before a trial board appointed by the National Executive Board. 

The trial board shall consist of three (3) members, who shall not be interested in the matter out

of which the charges arose. The accused shall have the right to counsel, to produce evidence,

to cross-examine, and to a stenographic transcript of all the testimony. The decision of the trial 

board shall be rendered within ten (10) days following the trial, and shall direct either that 

suspension under Section 2(a)(1) be or not be imposed, or as to proceedings under Section 

2(a)(2) that the suspension continue in effect for a specified period of time, or that the

suspension be terminated. 

(d) An adverse decision of the trial board may be appealed by the subordinate body, its 

Secretary-Treasurer, or an officer thereof, to the National Executive Board by transmitting a 

notice of an appeal to the Board within ten (10) days following the decision of the trial board.

The National Executive Board shall render its decision on the appeal, in writing, within fifteen 

(15) days of the receipt of the notice of appeal. A subordinate body whose suspension is 

upheld by the National Executive Board may appeal to the next national convention. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 29 

(e) A trustee appointed under this article shall have the right, upon demand, to all the

funds, properties, books and assets of the suspended organization for the period that he/she is 

in charge, such properties to be held in trust for the benefit of the subordinate body and to be

expended only to the extent necessary for the proper conduct of the affairs of the subordinate

body. The trustee shall be adequately bonded. The trustee, so appointed, shall be authorized

and empowered to suspend any or all the officers from office, but not from membership, and 

appoint temporary officers for the duration of his/her trusteeship, and to take such other actions 

as in his/her judgment are necessary for the preservation of the subordinate body, all subject to

the direction, instructions and approval of the National Executive Board. Any officer who may 

be suspended by the trustee under the provisions of this section shall surrender to him/her, 

upon proper receipt therefor, all monies, books, and properties of the subordinate body.

Temporarily appointed officers shall be appointed from members in good standing of such

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subordinate body. The trustee shall be empowered to pay all claims which are properly

approved if funds therefore are available, and in all necessary particulars to conduct the affairs 

and management of the subordinate body with the assistance of the temporary officers herein

provided for until the trusteeship is terminated. Expenses, including salaries, but not exceeding 

the current costs of administration of the affairs of the subordinate body, which are assumed by 

such trustee, shall be paid out of the funds of the subordinate body, if they are available; 

otherwise they shall be borne by the National Union. 

(f) A trusteeship shall be continued no longer than is necessary to coordinate and 

reorganize the affairs of the subordinate body and shall in all events be concluded as soon as 

practicable within the judgment of the President; provided, however, that the suspended 

subordinate body shall have the right to appeal to the National Executive Board for removal of

the trusteeship if it is deemed that such trusteeship has been continued longer than is 

necessary; provided further, however, that no such appeal shall be made at an interval of less

than ninety (90) days. In connection with any such appeal, the subordinate body shall have the

right to full hearing on the question of whether the trusteeship shall be continued. In no event 

shall a trusteeship be continued for a period longer than outlined by the U.S. Department of

Labor which is presently established as eighteen (18) months. 

SEC. 3. (a) The National Executive Board of this Union shall have jurisdiction to hear

and determine any and all charges under this Article or the Constitution.

(b) The Executive Boards or trial boards of local unions or other subordinate bodies 

have jurisdiction only to hear charges against members or officers of such subordinate body. In

cases where charges involving members or officers of a subordinate body are presented to the

National Executive Board, it shall refer such charges to the subordinate body involved for a

hearing.

 (c) MEMBER CHARGES. A charge(s) by a member(s) in good standing that a 

member(s) has violated the APWU National Constitution or Bylaws or the Constitution or 

Bylaws of a Local, State or Regional Organization must be specifically set forth in writing 

and signed by the member(s) making the charge(s). For each alleged offense, the charge 

shall state (1) who is being charged; (2) the exact nature of the alleged offense; (3) the

period of time during which the alleged offense took place and (4) the constitutional

provision allegedly violated. Attached to the charge(s) will be evidence and/or, if there

are witnesses, a signed statement from at least one (1) witness. 

 (d) Except in cases of suspension or expulsion for non-payment of dues or per capita, no 

disciplinary action shall be taken for violation of any of the provisions of this Article or of the

Constitution until an accused individual or a subordinate body has been accorded the following

procedures.

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 30 

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(e) Proceedings under this Article may be initiated by any member of APWU by filing

charges with the secretary of the body of which the accused is an officer or member.

(f) PROCEDURES. Charges must be submitted to the Secretary-Treasurer or 

Treasurer, or, if the Secretary-Treasurer and Treasurer are charged, then to the highestranking officer not charged, of the local, state or regional organization, of which the

charged member(s) or officer(s) is a member, with the exception of National Officers. 

Charges against national officer(s) are to be submitted to the APWU National SecretaryTreasurer, or the highest-ranking officer not charged. All charges are to be submitted 

within one hundred twenty (120) days of the time the charging party(ies) first became

aware, or reasonably should have been aware, of the alleged offense(s). Upon receipt of 

the charges, the secretary-treasurer or treasurer of the local, state, or regional

organization or highest-ranking officer not charged with whom such charges are filed

shall promptly transmit by express mail or certified mail, including a return receipt, a

copy of the charges to the charged and charging parties at the last known address of 

each. Accompanying the charges shall be written notice of the time and place of the hearing,

which shall be held not less than one (1) week after the date of mailing of the notice. In the

event of a trial board being appointed pursuant to Section (i), such notice of hearing shall be 

given to the accused by the committee. 

(g) The accused shall be accorded a full and impartial trial, with the right to appear 

personally and be represented by any member of this Union, but whether the accused shall be

represented by an attorney in such trial shall be left to his/her own discretion. 

(h) Hearing may be held on a charge notwithstanding the failure of the accused, after 

being given notice thereof pursuant to provisions of this Article, to appear thereat. 

(i) The National Executive Board shall constitute a trial board before which hearings on

the charges before the National Executive Board may be held; provided, however, that the

National Executive Board may appoint a hearing officer or officers to act for it for the purpose of 

holding a hearing. The National Executive Board may appoint as a hearing officer one (1) or 

more National Union Officers who shall be impartial. In cases in which a hearing officer is 

appointed by the National Executive Board, such hearing officer shall hold such trial under such

trial procedure as shall be determined by the National Executive Board; shall make findings of 

fact and conclusions of law in respect to such charges; and shall recommend to the National 

Executive Board what disciplinary action, if any, is to be taken by the National Executive Board.

In all cases, including those in which a hearing officer is appointed by the National Executive

Board, the National Executive Board itself shall determine for itself what disposition should be 

made of the charges before it.

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 31 

(j) The Local/State Executive Board or separate elected trial board for a subordinate

body shall constitute the trial board before which hearings on charges may be held; provided,

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however, that any such trial board may appoint one (1) or more of its members who shall be

impartial, to act for it as hearing officer(s) for the purpose of holding hearings. In cases in which 

a hearing officer(s) is appointed, such hearing officer(s) shall hold such trial under such trial

procedure as shall be determined by the trial board; shall make findings of fact and conclusions 

of law in respect to such charges; and shall recommend to the trial board what disciplinary 

action, if any, is to be taken by the trial board. In all cases, including those in which a hearing 

officer(s) is appointed, the trial board itself shall determine for itself what disposition should be

made of the charges before it.

(k) Any decision or disposition of charges by the Executive Board or separate elected

trial board of a local union shall be reduced to writing and submitted as a report to the Secretary 

of the local union, including a synopsis of the testimony introduced at the trial, together with the 

verdict "guilty" or "not guilty", and the recommended disciplinary action, if any. Upon receiving 

the report the Secretary of the local union shall read it at the next regular union meeting, and in

the event of a guilty verdict, submit first the question of sustaining the report as to guilt or

innocence and, if guilt is determined, then the question of accepting or rejecting the

recommended disciplinary action. 

However, if the recommended disciplinary action is expulsion, suspension without pay in

excess of sixty (60) days or termination of an incumbent elected officer, an affirmative vote to

expel from office or terminate the membership of the officer cannot take effect unless confirmed 

by two-thirds (2/3) of those voting in a referendum on the recommended disciplinary action. The

affected officer shall have ten (10) days to submit a reply to the report. The report and the reply 

from the affected officer, if submitted, each of which shall contain no more than one thousand

(1,000) words, shall be sent out with each ballot.

SEC. 4. (a) Any person or body, against whom disciplinary action has been taken or 

whose charges have been dismissed in whole or in part, shall have the right to appeal as

follows: 

(b) From the disciplinary action of or dismissal of charges by a local union, (1) to the 

President, (2) to the National Executive Board, and (3) to the National convention. 

(c) From the disciplinary action of or dismissal of the charges by the National Executive 

Board to the National convention. 

(d) From the disciplinary action of the President (1) to the National Executive Board, and 

(2) to the National convention. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 32 

(e) In acting as an appeal board, the National Executive Board may appoint one (1) or

more National Union Officer(s), who shall be impartial, to act for it for the purpose of reviewing

any appeal, in which case the member so named shall make recommendation to the National 

Executive Board concerning the disposition of the appeal, and it shall determine for itself what 

final disposition shall be made of the appeal. 

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(f) Appeals shall be taken within a reasonable time not to exceed thirty (30) days from 

the date that notice of disposition of the charges or disposition of any intermediate appeal is 

received; provided, however, that the appellate body may, in its discretion, extend such time for 

appeal if circumstances so warrant. Appeals shall be in writing and shall state the basis of the

appeal. The appellant shall be permitted to present such appeal in person before any appellate

tribunal, provided, however that in the case of an appeal to a National convention, such

personal appeal shall be limited to appearance before the Convention Committee established to

deal with appeals unless such appeals committee or the convention itself determines to permit a

personal appearance before the National convention. 

(g) Individuals, or subordinate bodies against whom disciplinary action has been taken 

shall be obliged to exhaust all remedies provided for in this Article and in the Constitution before 

resorting to a court of law or other tribunal. 

ARTICLE 16

FISCAL YEAR – REVENUES & CHARTERS 

SEC. 1. The fiscal year of this Organization shall begin January 1 and end December

31. 

SEC. 2. REVENUES. (a) The revenues of this Union shall be derived from a per capita

tax of Six Dollars and Eighty-Eight Cents ($6.88) per member, bi-weekly, to be paid upon the 

full paid up membership of all affiliated local unions and members-at-large (said sum to include

subscription to the official organ) of which Twenty Cents (20¢) per member, per month is to be

returned to the member’s respective state organization, with a minimum of Five Thousand

Dollars ($5,000) per year to each state organization. Fifteen Cents (15¢) of the per capita tax 

will be deposited in a contingency fund. The national per capita tax and local dues shall be 

increased when each negotiated salary increase takes effect by the following formula by

deducting three percent (3%) of each negotiated salary increase based on level 5, step K,

eight-tenths percent (0.8%) for the APWU General Fund, seven-tenths percent (0.7%) for 

the APWU Organizing Fund, and one and one-half percent (1.5%) for the local. The formula

set forth above in the future will apply to members-at-large with the one and one-half percent 

(1.5%) Local rebate being sent to the respective state organization. 

On January 1, 2005 the percentages above will be amended to: nine-tenths

percent (0.9%) for the General Fund; two-tenths percent (0.2%) for the APWU Organizing 

Fund; and one and nine-tenths percent (1.9%) for the local and state organizations. 

(b) When a regional organization is formed in lieu of a state organization, it shall receive 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 33 

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Fifteen Cents (15¢) per member, per month for each member from within the respective states.

The regional organization shall receive a minimum of Fifteen Hundred Dollars ($1,500) per year 

for each state. 

(c) The APWU shall remit Three and One-Half Cents (31⁄2¢) per month, per union

member to our National Auxiliary. Said sum to be derived from our national per capita tax. 

(d) A member of the National Executive Board of the APWU will act as a liaison officer 

between the parent body and the Auxiliary. 

(e) The APWU shall remit Five Cents (5¢) of the national per capita tax, per month per 

member to the Postal Press Association. 

(f) That a Disaster Fund be established; that Three Hundred Thousand Dollars 

($300,000) of the funds in the Contingency Fund be set aside to be used as the Disaster Fund;

and that such Disaster Fund is to be expended in the event of natural disaster as determined by 

the National Executive Board upon the recommendation of the President.

 (g) An APWU Organizing Fund shall be established to be used exclusively for 

Private Sector organizing. 

 (h) Monies earmarked, by Convention actions, for specific programs and staff in all 

departments must be used only in said programs and staff. 

(i) Local Retiree Chapters chartered to be engaged in APWU Retirees Department

Programs shall receive forty percent (40%) of the annual retiree per capita tax per retiree 

member of that local chapter. State Retiree Chapters will receive forty percent (40%) of the

annual retiree per capita tax per retiree member of that State Retiree Chapter who does not

belong to a Local Retiree Chapter. Ten (10) or more APWU Retirees Department members,

residing within local or area local geographical jurisdiction, may form a Local Retiree

Chapter. 

SEC. 3. ASSESSMENTS. Special assessments may be levied by the National 

Executive Board or by a national convention whenever it becomes absolutely necessary to carry 

on the work of the organization. A two-thirds (2/3) majority vote of the National Executive Board

or a majority vote of a national convention shall be required to approve the assessment before it

shall be levied. Any assessments levied by the National Executive Board shall be effective only

until the next regular national convention. 

SEC. 4. Charters will be issued by the APWU National Secretary-Treasurer to locals, 

area locals, state and regional organizations and district councils, without cost to these

subordinate units. No charter can be issued to a local of less than ten (10) members or to a

state or regional organization other than as provided in Section 5 of this Article unless 

authorized by the National Executive Board. 

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There will be only one (1) local chartered within the same installation, and such local

shall have representation on the local executive board from each division reflecting the local 

union's membership. 

SEC. 5. LOCALS, AREA LOCALS, DISTRICT COUNCILS, STATE & REGIONAL

ORGANIZATIONS. (a) LOCALS – Ten (10) or more members in the same postal installation

may be chartered as a local. 

(b) AREA LOCALS. The membership of a number of installations in a geographical 

area or within a sectional center or a combination of sectional centers may join together in a 

single local upon thirty (30) days notice by secret vote of the majority of the members voting

from their respective locals and be issued a charter by the APWU. However, no member may 

become affiliated with any other local when there is a local union in the installation where he/she 

is employed. 

(c) DISTRICT COUNCILS. Individual members or locals in a limited geographical area 

may join together for the purpose of carrying on joint activity. District Councils shall be

chartered by the National Executive Board of the APWU. The District Councils shall be fully

autonomous within the limitations of national, state and regional constitutions. 

(d) STATE ORGANIZATIONS. Two (2) or more district councils or five (5) or more

locals within a state may establish a state organization which shall be autonomous within the 

limitations of the national constitution. 

(e) REGIONAL ORGANIZATIONS. Five (5) or more locals from more than one (1) state

may join together to form a Regional Organization. 

SEC. 6. RESPONSIBILITY OF CHARTERED SUBORDINATE BODIES. (a) All 

chartered locals, area locals, state and regional organizations shall have a constitution and

bylaws. In the absence of such constitution, this constitution shall apply to the extent 

applicable. 

(b) A copy of each of these constitutions and bylaws must be on file at National

Headquarters and shall not be in conflict with the National Constitution. 

(c) Each chartered subordinate body shall be fully autonomous. Each subordinate local 

or area local is entitled to title and possession of local assets and funds to which it is entitled by 

law and by this Constitution except to the extent of its obligation to pay per capita tax to the 

APWU as provided in this Constitution. Where a subordinate local, or area local which is not in 

arrears as to per capita dues, terminates by a majority vote of the members voting by 

referendum, its affiliation with the APWU, the APWU shall have no claim to the funds and assets 

of the local, or area local. But nothing herein shall prohibit the immediate granting of a charter

to a local or area local in the same installation or area local. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 35 

SEC. 7. The American Postal Workers Union shall have no claims to any funds or

assets belonging to a local or area local, except that which is due it for per capita tax. 

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SEC. 8. DELINQUENT LOCALS. Any local or area local affiliated with APWU which 

fails to pay its per capita tax on or before the fifteenth (15th) day of the month or fails to pay an

assessment within six (6) months, shall be declared delinquent and, if at the end of ninety (90) 

days following the due date it is still in arrears, the Secretary-Treasurer shall submit the facts to

the National Executive Board with his/her recommendation. Approval of the National Executive

Board will be necessary to suspend the local. Any local remaining suspended for six (6) 

months, shall surrender its charter to the Secretary-Treasurer and forfeit all privileges in APWU.

The same procedures shall apply for delinquent members-at-large. 

SEC. 9. SUSPENDED LOCALS. A suspended local may be reinstated in this

organization upon payment of all arrearages; provided, however, that the National Executive

Board shall, in exceptional cases, have the power to excuse such arrearages when 

circumstances warrant such action. 

SEC. 10. AUDIT OF LOCAL ACCOUNTS. The Secretary-Treasurer shall have the

authority to have the books of any local examined when a local is not remitting per capita tax on 

the membership to which the APWU is entitled. 

SEC. 11. BONDS. Officers who are required to be bonded shall have the expense of

such bond borne by the Union. 

ARTICLE 17

SUBORDINATE BODIES

SEC. 1. The following subordinate bodies: the Auxiliary and the Postal Press 

Association, shall include in their respective constitutions provisions which accord to their 

members, within their own organizations, all rights accorded to members of the National Union 

under the Members' Bill of Rights and Article 15, Sections 3 and 4, of the Constitution of the 

American Postal Workers Union, AFL-CIO, as amended, including the right to appeal to the

highest governing body of the APWU subordinate body. In the absence of such provisions in

any required constitution, then the rights and procedures guaranteed by the National 

Constitution shall be provided to members of the non-complying subordinate body. 

ARTICLE 18

REFERENDUM 

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SEC. 1. Any local of the APWU may prepare and circulate a petition for the purpose of 

causing a resolution of national importance or amendment to the constitution to be brought to a

vote to the whole organization. 

SEC. 2. Before circulating such a petition, the Secretary-Treasurer of the APWU shall 

be notified, in writing, of such action and furnished with a copy or draft of the proposed question,

resolution or amendment. 

If such petition is subscribed to by signatures of members of each of twenty (20) locals 

from eight (8) different states and such total represents at least ten percent (10%) of the overall 

membership of the APWU, the Secretary-Treasurer must submit such referendum or

amendment to constitution to a referendum vote as hereinafter prescribed; provided however,

that any Convention of the APWU, may by motion, submit any resolution or amendment to the 

entire membership. 

SEC. 3. Such petition shall be filed with the Secretary-Treasurer during the month of

February only. 

SEC. 4. The proposition and a sample ballot shall be printed in the official organ at least

one (1) month before being put to the referendum. 

SEC. 5. Upon receipt of a petition for a referendum vote, the Secretary-Treasurer shall 

verify its validity to the best of his/her ability and having done so, shall certify to the President 

that a petition has been duly filed. 

A referendum election committee shall be appointed by the President and the 

referendum shall be conducted in the same manner as election of officers, using an outside 

ballot association to conduct such referendum. 

SEC. 6. The month of election shall be May of each year and results shall be published 

in the Union's official organ. 

SEC. 7. If more than one (1) referendum is initiated in the annual period, all questions 

shall come to a vote at the same time. 

SEC. 8. Arguments for, or against, a referendum shall be printed in the Union's official 

organ, but not to exceed more than two thousand (2,000) words for a side. If more than one (1) 

argument is submitted, the editor is required to publish that which is submitted by the local 

initiating the proposition to be voted on. 

SEC. 9. It shall require a majority of votes cast to decide all questions, including 

amendments to the constitution, except at conventions, which shall require a two-thirds (2/3) 

affirmative vote to carry and decide.

SEC. 10. Members-at-large shall be entitled to one (1) vote each. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 37 

SEC. 11. No resolution or amendment adopted by a referendum vote of the National 

membership may be repealed or amended within one (1) year after election, except by a

referendum election. 

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2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 38 

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ARTICLE 19

NATIONAL & LOCAL OFFICERS' BENEFITS 

SEC. 1. (a) RETIREMENT. The APWU shall provide a retirement program for all fulltime national, local officers, and such employees of the National Union as the National 

Executive Board determines. 

(b) The program will be administered by three (3) trustees, appointed by the President 

with the advice of actuaries and under the direction of the National Executive Board of the 

APWU who will act as the Board of Directors for the Officers' Retirement Fund. 

(c) Contributions and benefits shall not be less than those provided by the U.S. Postal 

Service and the Civil Service Retirement Act as amended from time to time. 

(d) All changes to National Officers’ wages or benefits, other than those outlined in 

Article 19, Section 2, must be approved by a majority vote of the National convention. 

SEC. 2. SALARY ADJUSTMENT. Whenever postal employees are granted a pay 

increase, the same percentage increase granted members in the bargaining unit at Level 5,

Step L shall automatically accrue to all paid National Officers of the APWU. 

SEC. 3. (a) LEAVE. All officers and full-time appointed representatives shall be allowed 

thirty (30) days annual leave with such sick leave as may be necessary.

(b) Unused annual leave may either be carried forward for use in future years or paid for

at the end of the year in which it is earned at the option of the officer or representative in 

question; provided, however that no individual may, under this provision, be paid for more than

fifteen (15) days of unused annual leave in any one (1) year prior to leaving office; and that

national officers will receive the same benefits as bargaining unit employees as achieved 

through negotiations. Upon leaving union office, an officer or representative shall, upon

application by the individual in question or the estate of a deceased individual, be paid for the

days of unused annual leave accumulated under this provision, including those accumulated

proportionately during the course of the year in which the individual leaves office. This 

subsection (b) will apply to any subordinate body if the constitution of the subordinate body does

not specifically address the accumulation, payment and liquidation of unused annual leave. 

(c) Unless specifically enunciated in the constitution of a subordinate body, there shall 

be no reimbursement for unused sick leave at any time during an officer's service to the

subordinate body or upon leaving office with the subordinate body. 

 (d) National Officers participating in Federal Employees Health Benefits plans shall pay 

the same premium to participate in their plan as they would have paid if they were not officers 

and the Union is authorized to pay the employer share for National Officers on leave from the

United States Postal Service. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 39 

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SEC. 4. No State or National Officer shall be permitted mileage expenses for

their travel if they drive an automobile that was fully assembled in a foreign country and

imported into this country. 

ARTICLE 20

LOCALS, AREA LOCALS, STATE AND REGIONAL ORGANIZATIONS 

SEC. 1. Locals, area locals, state and regional organizations shall have within their

organizations representation from each division. 

SEC. 2. Locals, area locals, state and regional organizations shall give consideration to

the election of division delegates to all State and national conventions. 

SEC. 3. No division within a local, area local, state and regional organization shall 

submit a resolution to a state, regional or national convention to affect another division unless 

the affected division within the local, area local, state and regional organization shall approve of

such a resolution. 

ARTICLE 21

SUCCESSION OF OFFICERS AND VACANCIES

(a) The President shall fill all vacancies of general officers, administrative and

departmental officers and Director of Clerk Division, subject to a majority approval of the 

National Executive Board. 

(b) In the Motor Vehicle Service (MVS) Division and Maintenance Division, and Clerk 

Division, the respective Directors shall fill all vacancies subject to the approval of a majority of 

members of the individual Division Councils. 

(c) In the event of illness or death of the Director of the MVS Division, the Assistant

Director of the MVS Division shall assume the responsibilities of the Director of the MVS 

Division. 

(d) In the event of illness, death or resignation of the Director of the Maintenance 

Division, the Assistant Director (A) of the Maintenance Division shall assume the responsibilities 

of the Director of the Maintenance Division. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 40 

Case 2:06-cv-00767-MEF-SRW Document 43-3 Filed 02/20/2007 Page 40 of 45
ARTICLE 22

AMENDMENTS

SEC. 1. This Constitution may be amended by two-thirds (2/3) vote of the delegates 

present and voting at a national convention or by a majority vote of those voting by referendum.

Amendments approved at national conventions become effective immediately following

adjournment of the convention, unless otherwise specified, and amendments approved by

referendum become effective immediately following announcement of the official vote unless 

otherwise specified. 

SEC. 2. The National Executive Board shall have authority between conventions to

amend this Constitution and Bylaws as necessary to remove any conflict between its provisions

and those of any applicable federal or state law. The Board is also empowered to modify such 

provisions as necessary to conform to amendments adopted at national conventions. 

ARTICLE 23

STRIKE SANCTION 

SEC. 1. REQUEST FOR STRIKE SANCTION. Whenever a local Union contemplates 

the possibility of a strike, the local Union officers shall promptly so advise the office of the

National President and request counsel and/or assistance of the National Union. 

SEC. 2. NATIONAL APPROVAL FOR STRIKE SANCTION. A strike sanction request

by a local Union shall be sent to the APWU National Secretary-Treasurer and must first be

authorized by a majority vote of the affected members of the local Union in good standing and

voting. The request shall set forth the issues in writing including such information as may be

pertinent and required by the Local Executive Board. 

(a) The APWU National Secretary-Treasurer shall forward such requests, if in order, to 

the National Executive Board for their consideration. 

(b) The decision of the National Executive Board shall be forwarded to the local Union by 

the APWU National Secretary-Treasurer. 

Strike sanctions, granted by the Executive Board, shall be for a one hundred twenty 

(120) day period. No strike may be called thereafter without a renewal for the strike sanction by 

the National Executive Board. 

(c) No local Union shall call a strike without the approval of the APWU National 

President and strike sanction having been granted by the National Executive Board. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 41 

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SEC. 3. LOCAL PROCEDURE FOR STRIKE APPROVAL. 

(a) When a strike has been authorized by the National President, no strike shall occur 

until the following procedures have been complied with: 

(1) A two-thirds (2/3) favorable vote cast by secret ballot by members in good 

standing and voting in the unit affected. 

(2) Approval by the local Union or as their own Constitution and Bylaws might 

otherwise provide. 

A local Union shall not be entitled to National Union strike benefits unless it has 

complied with these requirements. 

(b) No local Union or group shall solicit any funds in support of a strike or lockout without 

prior approval of the National Executive Board. 

(c) Any picket line of any local Union approved by the National Union will be honored by,

and receive the full support of all locals and members of the APWU, AFL-CIO to the extent 

possible under the law. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 42 

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BYLAWS 

ARTICLE 1

CONVENTION ORDER OF BUSINESS 

SECTION 1.

1. Roll call of Officers 

2. Report of Committee on credentials 

3. Roll call of delegates 

4. Report of officers 

5. Report of finance committee 

6. Report of special committees 

 7. Unfinished business 

8. Reports of standing convention committees 

 9. New business 

 10. Adjournment 

SECTION 2.

The order of business may be transposed at any time by a majority vote of the

delegates assembled in convention. 

ARTICLE 2

QUORUM

SECTION 1.

Twenty-five percent (25%) of the delegates present at a convention shall constitute a

quorum, but less than the number may adjourn to meet at a future specified time. 

ARTICLE 3

RULES OF ORDER 

SECTION 1.

In the absence of other authority, the deliberations of this Union shall be governed by 

Robert's Rules of Order. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 43 

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ARTICLE 4

AMENDMENTS

SECTION 1.

Amendments to these Bylaws may be made in the same manner as prescribed for 

Amendments to the Constitution. 

2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 44 

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2002 APWU NATIONAL CONSTITUTION AND BYLAWS, AS AMENDED AUGUST 16, 2002 

PAGE 45 

FOR BACK COVER PAGE ... 

American Postal Workers Union, AFL-CIO 

1300 L Street, N.W. 

Washington, D.C. 20005 

(202) 842-4200 

Case 2:06-cv-00767-MEF-SRW Document 43-3 Filed 02/20/2007 Page 45 of 45
COLLECTIVE

BARGAINING

AGREEMENT

Between

American

Postal Workers

Union, AFL-CIO

And

U.S. Postal Service

November 21, 2000

November 20, 2006

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90

Section 9. Field Federal Safety and Health Councils

In those cities where Field Federal Safety and Health

Councils exist, one representative of the Union who is on the

Local Safety and Health Committee in an independent postal

installation in that city and who serves as a member of such

Councils, will be permitted to attend the meetings. Such

employee will be excused from regularly assigned duties

without loss of pay. Employer authorized payment as

outlined above will be granted at the applicable straight time

rate, provided the time spent in such meetings is a part of the

employee’s regular work day.

(The preceding Article, Article 14, shall apply to

Transitional Employees)

ARTICLE 15

GRIEVANCE-ARBITRATION PROCEDURE

Section 1. Definition

A grievance is defined as a dispute, difference, disagreement

or complaint between the parties related to wages, hours, and

conditions of employment. A grievance shall include, but is

not limited to, the complaint of an employee or of the Union

which involves the interpretation, application of, or

compliance with the provisions of this Agreement or any

local Memorandum of Understanding not in conflict with

this Agreement.

Section 2. Grievance Procedure Steps

Step 1:

(a) Any employee who feels aggrieved must discuss the

grievance with the employee’s immediate supervisor within

Article 15.1

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91

fourteen (14) days of the date on which the employee or the

Union first learned or may reasonably have been expected to

have learned of its cause. The employee, if he or she so

desires, may be accompanied and represented by the

employee’s steward or a Union representative. The Union

also may initiate a grievance at Step l within l4 days of the

date the Union first became aware of (or reasonably should

have become aware of) the facts giving rise to the grievance.

In such case the participation of an individual grievant is not

required. A Step l Union grievance may involve a complaint

affecting more than one employee in the office. When the

Union files a class action grievance, Management will

designate the appropriate employer representative responsible

for handling such complaint.

(b) In any such discussion the supervisor shall have

authority to settle the grievance. The steward or other Union

representative likewise shall have authority to settle or

withdraw the grievance in whole or in part. No resolution

reached as a result of such discussion shall be a precedent for

any purpose.

(c) If no resolution is reached as a result of such discussion,

the supervisor shall render a decision orally stating the

reasons for the decision. The supervisor’s decision should be

stated during the discussion, if possible, but in no event shall

it be given to the Union representative (or the grievant, if no

Union representative was requested) later than five (5) days

thereafter unless the parties agree to extend the five (5) day

period. Within five (5) days after the supervisor’s decision,

the supervisor shall, at the request of the Union

representative, initial the standard grievance form that is

used at Step 2 confirming the date upon which the decision

was rendered.

(d) The Union shall be entitled to appeal an adverse

decision to Step 2 of the grievance procedure within ten (10)

days after receipt of the supervisor’s decision. Such appeal

Article 15.2 (Step 1)

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92

shall be made by completing a standard grievance form

developed by agreement of the parties, which shall include

appropriate space for at least the following:

1. Detailed statement of facts;

2. Contentions of the grievant;

3. Particular contractual provisions involved; and

4. Remedy sought.

Step 2:

(a) The standard grievance form appealing to Step 2 shall

be filed with the installation head or designee. In any

associate post office of twenty (20) or less employees, the

Employer shall designate an official outside of the

installation as the Step 2 official, and shall so notify the

Union Step 1 representative.

(b) Any grievance initiated at Step 2, pursuant to Article 2

or 14 of this Agreement, must be filed within 14 days of the

date on which the Union or the employee first learned or may

reasonably have been expected to have learned of its cause.

(c) The installation head or designee will meet with the

steward or a Union representative as expeditiously as

possible, but no later than seven (7) days following receipt of

the Step 2 appeal unless the parties agree upon a later date. In

all grievances appealed from Step 1 or filed at Step 2, the

grievant shall be represented in Step 2 for all purposes by a

steward or a Union representative who shall have authority

to settle or withdraw the grievance as a result of discussions

or compromise in this Step. The installation head or designee

in Step 2 also shall have authority to grant or settle the

grievance in whole or in part.

Article 15.2 (Step 2)

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93

(d) At the meeting the Union representative shall make a

full and detailed statement of facts relied upon, contractual

provisions involved, and remedy sought. The Union

representative may also furnish written statements from

witnesses or other individuals. The Employer representative

shall also make a full and detailed statement of facts and

contractual provisions relied upon. The parties’ representatives shall cooperate fully in the effort to develop all

necessary facts, including the exchange of copies of all

relevant papers or documents in accordance with Article 31.

The parties’ representatives may mutually agree to jointly

interview witnesses where desirable to assure full

development of all facts and contentions. In addition, in

cases involving discharge either party shall have the right to

present no more than two witnesses. Such right shall not

preclude the parties from jointly agreeing to interview

additional witnesses as provided above.

(e) Any settlement or withdrawal of a grievance in Step 2

shall be in writing or shall be noted on the standard grievance

form, but shall not be a precedent for any purpose, unless the

parties specifically so agree or develop an agreement to

dispose of future similar or related problems.

(f) Where agreement is not reached the Employer’s

decision shall be furnished to the Union representative in

writing, within ten (10) days after the Step 2 meeting unless

the parties agree to extend the ten (10) day period. The

decision shall include a full statement of the Employer’s

understanding of (1) all relevant facts, (2) the contractual

provisions involved, and (3) the detailed reasons for denial

of the grievance.

(g) If the Union representative believes that the facts or

contentions set forth in the decision are incomplete or

inaccurate, such representative should, within ten (10) days

of receipt of the Step 2 decision, transmit to the Employer’s

representative a written statement setting forth corrections or

Article 15.2.(Step2).(g)

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94

additions deemed necessary by the Union. Any such

statement must be included in the file as part of the grievance

record in the case. The filing of such corrections or additions

shall not affect the time limits for appeal to Step 3 or

arbitration.

(h) The Union may appeal an adverse Step 2 decision to

Step 3. Any such appeal must be made within fifteen (15)

days after receipt of the Employer’s decision unless the

parties’ representatives agree to extend the time for appeal.

However, the Union may appeal an adverse Step 2 decision

directly to arbitration for disciplinary grievances or contract

grievances which involve the interpretation, application of,

or compliance with the provisions of any local Memorandum

of Understanding not in conflict with this Agreement, and

those issues the parties have agreed are appealed to

Expedited Arbitration. These grievances will be appealed to

the appropriate Grievance/Arbitration Processing Center

within thirty (30) days after the receipt of the Employer’s

Step 2 decision. Any appeal must include copies of (1) the

standard grievance form, (2) the Employer’s written Step 2

decision, and, if filed, (3) the Union corrections or additions

to the Step 2 decision.

Step 3:

(a) Any appeal from an adverse decision in Step 2 shall be

in writing to the appropriate management official at the

Grievance/Arbitration Processing Center, with a copy to the

Employer’s Step 2 representative, and shall specify the

reasons for the appeal.

(b) The grievant shall be represented at the Employer’s

Step 3 Level by a Union’s Regional representative, or

designee. The Step 3 meeting of the parties’ representatives

to discuss the grievance shall be held within fifteen (15) days

after it has been appealed to Step 3. Each party’s

representative shall be responsible for making certain that all

Article 15.2.(Step 3)

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relevant facts and contentions have been developed and

considered. The Union representative shall have authority to

settle or withdraw the grievance in whole or in part. The

Employer’s representative likewise shall have authority to

grant the grievance in whole or in part. In any case where the

parties’ representatives mutually conclude that relevant facts

or contentions were not developed adequately in Step 2, they

shall have authority to return the grievance to the Step 2 level

for full development of all facts and further consideration at

that level. In such event, the parties’ representatives at Step 2

shall meet within seven (7) days after the grievance is

returned to Step 2. Thereafter, the time limits and procedures

applicable to Step 2 grievances shall apply.

(c) The Employer’s written Step 3 decision on the

grievance shall be provided to the Union’s Step 3

representative within fifteen (15) days after the parties have

met in Step 3, unless the parties agree to extend the fifteen

(15) day period. Such decision shall state the reasons for the

decision in detail and shall include a statement of any

additional facts and contentions not previously set forth in

the record of the grievance as appealed from Step 2. If either

party’s Step 3 representative believes that an interpretive

issue under the National Agreement or some supplement

thereto which may be of general application is involved in

the case, the issue will be discussed with the appropriate

National Union/Management Representatives at the

Headquarters Level. If either party’s National Representative

determines the issue to be interpretive, a written notice will

be sent to the other party specifying in detail the facts giving

rise to the dispute, the precise interpretive issues to be

decided and the initiating party’s contention. The

grievance(s) shall be held at the Area and/or District Level

pending discussion at the national level or the outcome of a

National Arbitration award.

 (d) The Union may appeal an adverse decision directly to

arbitration at the appropriate Grievance/Arbitration ProcessArticle 15.2.(Step 3)

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96

ing Center within twenty-one (21) days after the receipt of the

Employer’s Step 3 decision in accordance with the procedure

hereinafter set forth.

(e) Where grievances appealed to Step 3 involve the same,

or substantially similar issues or facts, one such grievance to

be selected by the Union representative shall be designated

the “representative” grievance. If not resolved at Step 3, the

“representative” grievance may be appealed to arbitration in

accordance with the above and placed at the head of the

appropriate arbitration docket, or the issue will be referred to

the parties’ national representatives at the Headquarters level

pursuant to (c) above. All other grievances which have been

mutually agreed to as involving the same, or substantially

similar issues or facts as those involved in the

“representative” grievance shall be held at Step 3 pending

resolution of the “representative” grievance, provided they

were timely filed at Step 1 and properly appealed to Steps 2

and 3 in accordance with the grievance procedure.

Following resolution of the “representative” grievance, the

parties involved in that grievance shall meet at Step 3 to

apply the resolution to the other pending grievances

involving the same, or substantially similar issues or facts.

Disputes over the applicability of the resolution of the

“representative” grievance shall be resolved through the

grievance-arbitration procedures contained in this Article; in

the event it is decided that the resolution of the

“representative” grievance is not applicable to a particular

grievance, the merits of that grievance shall also be

considered.

(f) In order to discourage the filing of multiple local

grievances involving any new or changed District or Areawide policy, instructions, or guidelines, the APWU Regional

Coordinator or National Business Agent may file one

grievance concerning such policy, instructions, or guidelines,

directly at Step 3 of the grievance procedure. The grievance

Article 15.2.(Step 3)

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97

may be filed within fourteen (14) days of the date on which

such union representative first learned or may reasonably

have been expected to have learned of the implementation of

such policy, instructions, or guidelines. Timely local

grievances, which had already been filed concerning such

policy, instructions, or guidelines, will be held at or returned

to Step 2 of the grievance procedure, as applicable, pending

the resolution of the grievance filed directly at Step 3.

Thereafter, local grievances will be finally adjudicated in

accordance with the resolution of the grievance filed directly

at Step 3. If not resolved, the grievance filed directly at Step

3 may be appealed to arbitration within twenty-one (21) days

and placed at the head of the appropriate arbitration docket.

Step 4:

(a) In any dispute properly initiated at this Step by the

appropriate National Union/Management Representative,

the parties shall meet at the National level promptly, but in no

event later than thirty (30) days after initiating such dispute

in an effort to define the precise issues involved, develop all

necessary facts and reach agreement. The Union

representative shall have authority to settle or withdraw the

dispute in whole or in part. The Employer’s representative

shall have authority to grant or settle the dispute in whole or

in part. The parties’ Step 4 representatives may, by mutual

agreement, return any dispute to Step 3 where (a) the parties

agree that no national interpretive issue is fairly presented or

(b) it appears that all relevant facts have not been developed

adequately. In such event, the parties shall meet at Step 3

within fifteen (15) days after the dispute is returned to Step 3.

Thereafter the procedures and time limits applicable to Step

3 grievances shall apply. Should the parties at the National

level fail to reach agreement, then within fifteen (15) days of

such meeting each party shall provide the other with a

statement in writing of its understanding of the issues

involved, and the facts giving rise to the interpretive dispute.

In the event the parties have failed to reach agreement within

Article 15.2.(Step 4)

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sixty (60) days of the initiation of the dispute, the Union then

may appeal it to national arbitration within thirty (30) days

thereafter. Any local grievances filed on the specific

interpretive issue shall be held in abeyance at the appropriate

level pending resolution of the national interpretive dispute.

[see Memo, page 316]

Section 3. Mediation

Where the local parties identify the need for either assistance

in the grievance/arbitration procedure or the need to improve

the labor/management relationship, the following mediation

process may be invoked:

A. The local installation head and the local Union

president (local parties) may jointly initiate a request for

mediation where they identify such a need in a particular

installation. Such joint request must be in writing and

submitted to the parties’ designated Area/Regional level

representatives.

B. Such Area/Regional level representatives may also

recommend mediation for a particular installation.

However, when a recommendation for mediation is made by

the Area/Regional level representatives, such

recommendation must be discussed with and agreed to by the

local parties before the mediation process can be invoked at

the local site.

C. The mediation will be conducted jointly by the Union

official designated by the President of the Union and

management official designated by the Vice President/Labor

Relations (USPS). The designated officials will have been

trained, and/or certified in the dispute resolution process.

Such designated union/management mediation

representatives will be utilized to assist the local parties in an

effort to resolve timely grievances, as defined in Article 15,

Article 15.3

00767-MEF-SRW Document 43-4 Filed 02/20/2007 
99

Sections 1 and 2, as well as any identified local issues or

problems.

D. The designated union/management mediation

representatives will meet at the local installation within thirty

(30) days of the joint mediation request, which is described

in Section 3.A or B above. At least seven (7) days prior to the

on-site meeting, the local parties will jointly provide the

mediation representatives with an agenda and all available

relevant information. In the event the local parties cannot

agree on an agenda for mediation, each party will submit

their respective agendas to the mediation representatives

seven (7) days prior to the on-site meeting, as well as all

available relevant information.

E. The mediation will be held with the local parties to

explore ways of resolving the previously submitted agenda

items, as well as to seek ways of improving the labor/

management climate within the installation. The mediation

process, including all meetings connected with mediation, is

considered to be off-the-record. However, all resolutions

will be on the record, in writing and jointly signed by the

local parties. Where the local parties agree, a particular

mediation resolution(s) will serve as precedent for that

installation, provided such resolution does not violate the

National Agreement.

If the local parties are unable to reach a resolution on pending

grievances of those local issues for which they have jointly

requested mediation, then the mediation representatives may

jointly resolve any of the above referenced issues or

grievances.

F. The Employer’s mediation representative will

provide to the appropriate Union official a statement of

position for each grievance(s) listed on the agenda, which is

not resolved through mediation, within fifteen (15) days of

the final mediation meeting. Within twenty-one (21) days of

Article 15.3.F

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receipt of the statement of position, the Union may appeal

such grievance(s) to District level arbitration.

Section 4. Grievance Procedure - General

A. The parties expect that good faith observance, by their

respective representatives, of the principles and procedures

set forth above will result in settlement or withdrawal of

substantially all grievances initiated hereunder at the lowest

possible step and recognize their obligation to achieve that

end. Every effort shall be made to ensure timely

compliance and payment of monetary grievance

settlements and arbitration awards. The Employer

agrees that upon receipt of necessary paperwork from

the grievant and/or union, concerning a grievance

settlement or arbitration award, monetary remuneration

will be made. The necessary paperwork is the documents

and statements specified in Subchapter 436.4 of the

ELM. The Employer will provide the union copies of

appropriate pay adjustment forms, including

confirmation that such forms were submitted to the

appropriate postal officials for compliance and that

action has been taken to ensure that affected employee(s)

receives payment and/or other benefits. In the event that

an employee is not paid within sixty (60) days after

submission of all the necessary paperwork, such

employee, upon request, will be granted authorization

from management to receive a pay advance equal to the

net amount due, or seventy (70) percent of the gross

payment owed the employee, whichever is less. In the

event of a dispute between the parties concerning the

correct amount to be paid, the advance required by this

section will be the amount that is not in dispute.

B. The failure of the employee or the Union in Step 1, or

the Union thereafter to meet the prescribed time limits of the

Steps of this procedure, including arbitration, shall be

considered as a waiver of the grievance. However, if the

Article 15.4

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101

Employer fails to raise the issue of timeliness at Step 2, or at

the step at which the employee or Union failed to meet the

prescribed time limits, whichever is later, such objection to

the processing of the grievance is waived.

C. Failure by the Employer to schedule a meeting or

render a decision in any of the Steps of this procedure within

the time herein provided (including mutually agreed to

extension periods) shall be deemed to move the grievance to

the next Step of the grievance-arbitration procedure.

D. It is agreed that in the event of a dispute between the

Union and the Employer as to the interpretation of this

Agreement, such dispute may be initiated at the Step 4 level

by either party. Such a dispute shall be initiated in writing

and must specify in detail the facts giving rise to the dispute,

the precise interpretive issues to be decided and the

contention of either party. Thereafter the parties shall meet in

Step 4 within thirty (30) days in an effort to define the precise

issues involved, develop all necessary facts, and reach

agreement. Should they fail to agree, then, within fifteen (15)

days of such meeting, each party shall provide the other with

a statement in writing of its understanding of the issues

involved, and the facts giving rise to such issues. In the event

the parties have failed to reach agreement within sixty (60)

days of the initiation of the dispute in Step 4, the Union then

may appeal it to arbitration, within thirty (30) days thereafter.

Any local grievances filed on the specific interpretive issue

shall be held in abeyance at the appropriate level pending

resolution of the national interpretive dispute.

Section 5. Arbitration

A. General Provisions

1. A request for arbitration shall be submitted within

the specified time limit for appeal.

Article 15.5.A

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2. No grievance may be arbitrated at the National level

except when timely notice of appeal is given the

Employer in writing by the National President of the

Union. No grievance may be appealed to arbitration

at the District panel level except when timely notice

of appeal is given in writing to the appropriate

management official at the Grievance/Arbitration

Processing Center by the certified representative of

the Union in the Area. Such representative shall be

certified to appeal grievances by the National

President of the Union to the Employer at the

National level.

3. All grievances appealed to arbitration will be placed

on the appropriate pending arbitration list in the

order in which appealed. The Employer, in

consultation with the Union, will be responsible for

maintaining appropriate dockets of grievances, as

appealed, and for administrative functions necessary

to assure efficient scheduling and hearing of cases

by arbitrators at all levels.

4. In order to avoid loss of available hearing time,

except in National level cases, a minimum of six (6)

expedited or three (3) regular cases, when available,

are to be scheduled for each hearing date. In

addition, pending cases on the docket in the order in

which appealed should be assigned to the designated

advocates no less than sixty (60) days prior to the

scheduled date and, if possible, the parties will

discuss the cases no less than thirty (30) days prior to

the scheduled date. The parties agree that backup

cases will include all cases pending arbitration at the

location. These backup cases will be scheduled in

the order they appear on the District docket when

available in the event of late settlement or

withdrawal of grievances before the hearing. In the

event that either party withdraws all cases less than

Article 15.5.A.2

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five (5) days prior to the scheduled arbitration date,

and the parties are unable to agree on scheduling

other cases on that date, the party withdrawing the

cases shall pay the full costs of the arbitrator for that

date. In the event that the parties settle and/or

withdraw all cases five (5) or more days prior to the

scheduled arbitration date, backup cases on the

appropriate arbitration list shall be scheduled. If the

parties settle cases less than five (5) days prior to the

scheduled arbitration date and are unable to agree to

schedule another case, the parties shall share the

costs of the arbitrator for that date. This paragraph

shall not apply to National level arbitration cases.

5. Arbitration hearings normally will be held during

working hours where practical. Employees whose

attendance as witnesses is required at hearings

during their regular working hours shall be on

Employer time when appearing at the hearing,

provided the time spent as a witness is part of the

employee’s regular working hours. Absent a more

permissive local past practice and at no cost to the

Employer, the Employer will permit one (1) change

of work schedule per case scheduled for arbitration

for either the grievant or a witness, provided notice

is given to his or her immediate supervisor at least

two (2) days prior to the scheduled arbitration

hearing.

6. All decisions of an arbitrator will be final and

binding. All decisions of arbitrators shall be limited

to the terms and provisions of this Agreement, and in

no event may the terms and provisions of this

Agreement be altered, amended, or modified by an

arbitrator. Unless otherwise provided in this Article,

all costs, fees, and expenses charged by an arbitrator

will be shared equally by the parties.

Article 15.5.A.6

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7. All arbitrators on the Regular District Panels and the

Expedited Panels and on the National Panel shall

serve for the term of this Agreement and shall

continue to serve for six (6) months thereafter,

unless the parties otherwise mutually agree.

8. Arbitrators on the National Panel and on the Regular

and Expedited District Panels shall be selected by

the method agreed upon by the parties at the

National Level.

9. In any arbitration proceeding in which a Union feels

that its interests may be affected, it shall be entitled

to intervene and participate in such arbitration

proceeding, but it shall be required to share the cost

of such arbitration equally with any or all other

Union parties to such proceeding. Any dispute as to

arbitrability may be submitted to the arbitrator and

be determined by such arbitrator. The arbitrator’s

determination shall be final and binding.

B. District Level Arbitration - Regular

1. At the appropriate Grievance/Arbitration Processing

Center four (4) separate lists of cases to be heard in

arbitration shall be maintained for the Union: (a) one

for all removal cases and cases involving

suspensions for more than 14 days or 14 days or less

referred from Expedited Arbitration, (b) one for all

cases referred to Expedited Arbitration, (c) one for

Contract disputes, and (d) one for Impasses from

Local Negotiations appealed to arbitration at the

appropriate Grievance/Arbitration Processing

Center. In each District separate panels will be

established for scheduling and hearing cases

involving (a) removals and suspensions for more

than 14 days, and suspensions of 14 days or less

referred from Expedited Arbitration; (b) Contract

Article 15.5.A.7

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disputes, (c) cases referred to Expedited Arbitration,

and (d) Impasses from Local Negotiations.

a. Arbitration hearings are to be scheduled and

heard within 120 days following receipt of the

arbitration appeal, unless the parties agree

upon a later date.

[see Memo, page 317]

2. Cases will be scheduled for arbitration in the order in

which appealed, unless the Union and Employer

otherwise agree. Prior to arbitration dates being

scheduled by the parties for the next round of

scheduling, each party may, at its option,

advance one case per month to the top of the

docket.

3. Only discipline cases involving suspensions of 14

days or less and those other disputes as may be

mutually determined by the parties shall be referred

to Expedited Arbitration in accordance with Section

C hereof.

[see Memo, page 311]

4. Cases referred to arbitration, which involve

removals or suspensions for more than 14 days, shall

be scheduled for hearing at the Grievance/

Arbitration Processing Center at the earliest

possible date in the order in which appealed by the

Union.

5. If either party believes that a case referred to Regular

Arbitration involves an interpretative issue under

the National Agreement or some supplement thereto

which may be of general application, that party’s

representative shall request input from their

appropriate National Representative at the

Article 15.5.B.5

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Headquarters level. If either party’s representative

at the Headquarters level determines the case is

interpretive, a notice will be sent to the other party.

The case will be held pending the outcome of the

National interpretive dispute. If both parties’

representatives determine the case does not involve

an interpretive issue, the case if already scheduled

for arbitration will be heard before the same

arbitrator who was originally scheduled to hear the

case. Further, if the hearing had convened, the case

will continue at the same stage of arbitration.

[see Memo, page 316]

6. The arbitrators on each Regular District Panel shall

be scheduled to hear cases on a rotating system

basis, unless otherwise agreed by the parties. The

hearing time available for arbitration will be

distributed among offices and crafts.

7. Normally, there will be no transcripts of arbitration

hearings or filing of post-hearing briefs in cases

heard in Regular District level arbitration, except

either party at the National level may request a

transcript. Either party at the hearing may request

to file a post-hearing brief in contract arbitrations.

In Regular District level discipline/discharge

arbitrations, post-hearing briefs will be permitted

only by mutual agreement of the parties or by

direction of the arbitrator. However, each party may

file a written statement setting forth its understanding

of the facts and issues and its argument at the

beginning of the hearing and also shall be given an

adequate opportunity to present argument at the

conclusion of the hearing.

8. The arbitrator in any given case should render an

Article 15.5.B.5

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award therein within thirty (30) days of the close of

the record in the case.

C. District Level Arbitration - Expedited

1. The parties agree to continue the utilization of an

expedited arbitration system for disciplinary cases

of 14 days suspension or less which do not involve

interpretation of the Agreement and for such other

cases as the parties may mutually determine.

[see Memo, page 311]

2. If either party concludes that the issues involved are

of such complexity or significance as to warrant

reference to the Regular District Arbitration Panel,

that party shall notify the other party of such

reference at least twenty-four (24) hours prior to the

scheduled time for the expedited arbitration.

3. The hearing shall be conducted in accordance with

the following:

a. the hearing shall be informal;

b. no briefs shall be filed or transcripts made;

c. there shall be no formal rules of evidence;

d. the hearing shall normally be completed within

one day;

e. if the arbitrator or the parties mutually

conclude at the hearing that the issues involved

are of such complexity or significance as to

warrant reference to the Regular District

Arbitration Panel, the case shall be referred to

that panel; and

Article 15.5.C.3

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f. the arbitrator may issue a bench decision at the

hearing but in any event shall render a decision

within forty-eight (48) hours after conclusion

of the hearing. Such decision shall be based on

the record before the arbitrator and may

include a brief written explanation of the basis

for such conclusion. These decisions will not

be cited as a precedent. The arbitrator’s

decision shall be final and binding. An

arbitrator who issues a bench decision shall

furnish a written copy of the award to the

parties within forty-eight (48) hours of the

close of the hearing.

4. No decision by a member of the Expedited Panel in

such a case shall be regarded as a precedent or be

cited in any future proceeding, but otherwise will be

a final and binding decision.

5. The Expedited Arbitration Panel shall be developed

by the National parties, on a District level.

D. National Level Arbitration

1. Only cases involving interpretive issues under this

Agreement or supplements thereto of general

application will be arbitrated at the National level.

2. A docket of cases appealed to arbitration at the

National level shall be maintained for the Union.

The arbitrators on the National Panel shall be

scheduled to hear cases on a rotating system basis,

unless otherwise agreed by the parties. Cases on the

docket will be scheduled for arbitration in the order

in which appealed, unless the Union and Employer

otherwise agree.

Article 15.5.C.3.f

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Section 6. Administration

The parties recognize their continuing joint responsibility for

efficient functioning of the grievance procedure and

effective use of arbitration. Commencing April 1, 1979, and

quarterly thereafter, the Employer will furnish to the

President of the Union a copy of a quarterly report containing

the following information covering operation of the

arbitration procedure at the National level, and for each

Grievance/Arbitration Processing Center separately:

(a) number of cases appealed to arbitration;

(b) number of cases scheduled for hearing;

(c) number of cases heard;

(d) number of scheduled hearing dates, if any, which

were not used;

(e) the total number of cases pending but not scheduled at

the end of the quarter.

(The preceding Article, Article 15, shall apply to

Transitional Employees)

[see Memo, page 317]

ARTICLE 16

DISCIPLINE PROCEDURE

Section 1. Principles

In the administration of this Article, a basic principle shall be

that discipline should be corrective in nature, rather than

punitive. No employee may be disciplined or discharged

except for just cause such as, but not limited to,

Article 16.1

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