Constitution: Difference between revisions

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{{:Constitution Appendix B}}
{{:Constitution Appendix B}}


== Article 13 ‐ Local Unions and Other Subordinate Bodies ==
{{:Constitution Article 13 Section 1}}
{{:Constitution Article 13 Section 2}}
{{:Constitution Article 13 Section 3}}
{{:Constitution Article 13 Section 4}}
{{:Constitution Article 13 Section 5}}
=== Section 1 ===
This Union shall consist of Local Unions and other subordinate bodies. The National President, subject to the approval of the National Executive Board, shall have the authority to issue Local Union and subordinate body charters on such terms and conditions as s/he shall deem appropriate. No such charter shall be issued where there is in existence a Local Union having jurisdiction over the Postal Service facility where there are employees within this Union’s jurisdiction. The National President, subject to the approval of the National Executive Board and by majority vote of the members of each affected Local Union, shall have the authority to amalgamate or de‐amalgamate, affiliate, and otherwise alter existing Local Unions where s/he deems such action necessary or advisable, and such authority shall not be limited by any other provision of this Constitution or of the Uniform Local Union Constitution.
=== Section 2 ===
Neither this Union nor any subordinate body thereof shall be established or maintained on any racial, religious, national, or other discriminatory or restrictive basis; nor shall membership in this Union or any subordinate body thereof ever be conditioned or limited upon the basis of such discriminatory considerations. Mail Handler officers, agents, and members shall not discriminate against any specified group on the basis of race, religion, color, creed, sex, sexual orientation, age, physical or mental handicap, place of national origin, or political affiliation.
=== Section 3 ===
All Local Unions and other subordinate bodies shall be responsible for timely payment of such per capita tax and assessments as are levied in accordance with this Constitution. Any Local Union or other subordinate body which becomes sixty (60) days in arrears in the payment of per capita tax or assessments may have its charter suspended. Before implementation, notice of such proposed suspension, including amounts allegedly owed and the method of computation, shall be served upon such bodies. This notice shall be appealable to the National Executive Board within thirty (30) days; the Board shall, in turn, render its decision within thirty (30) days of receiving the appeal during which period the charter shall remain in effect.
=== Section 4 ===
No Local Union affiliated with this Union may dissolve, disaffiliate, or secede while five (5) or more regular members desire to continue the Local Union in existence; and all funds, assets, and property, real and personal, of a Local Union shall remain in the Local Union as long as it continues in existence. In the event of the complete dissolution of any Local Union or its disaffiliation or secession by unanimous vote or otherwise, all the funds, assets, and properties, real and personal, of the Local Union shall revert to this Union. No subordinate body other than a Local Union may dissolve, disaffiliate or secede except in accordance with its affiliation agreement and Constitution.
=== Section 5 ===
Under no circumstances shall any Local Union or subordinate body of this Union distribute its funds, assets, or properties, or any part thereof, individually among its membership.
== Article 14 ‐ Dues and Per Capita Tax ==
== Article 14 ‐ Dues and Per Capita Tax ==
{{:Constitution Article 14 Section 1}}
{{:Constitution Article 14 Section 1}}
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This Union’s representation at LIUNA Conventions shall be that provided in Article XII of the 1984 Constitution of the National Postal Mail Handlers Union, as amended (attached as an Addendum at the rear of this Constitution) pending further action by LIUNA.
This Union’s representation at LIUNA Conventions shall be that provided in Article XII of the 1984 Constitution of the National Postal Mail Handlers Union, as amended (attached as an Addendum at the rear of this Constitution) pending further action by LIUNA.
=== Section 3. This Union and its Locals, members and officers shall not be subject to the provisions of Article XXII of the LIUNA Constitution dealing with death benefits.
=== Section 3. This Union and its Locals, members and officers shall not be subject to the provisions of Article XXII of the LIUNA Constitution dealing with death benefits.
== Article 20 ‐ Amendments ==
 
This Constitution may be amended by a two‐thirds (2/3) margin of the total delegate votes cast at a regular or special Convention. Upon adoption by Convention, amendments shall become effective without further action unless written objection is received from the LIUNA General Executive Board within ninety (90) days.
 
== Article 21 ‐ Savings Clauses ==
 
{{:Constitution Article 21 Section 1}}
 
{{:Constitution Article 21 Section 2}}
 
=== Section 1 ===
== Resolution No. 1 of the 1992 National Convention (Passed August 19, 1992) ==
Local Unions and other subordinate bodies of this Union and their officers and members are not agents of this Union and are not authorized to act for, or to otherwise bind this Union except where prior approval or authorization is given in writing by the National President, or where the National President ratifies acts performed by such bodies after written notice thereof. However, in no case shall this Union be liable or responsible for the autonomous acts of its subordinate bodies.
=== Section 2 ===
If any provision of this Constitution is declared invalid or is rendered inoperative by any competent authority of the executive, judicial, or administrative branch of a state or the federal government, the National Executive Board shall have the authority to suspend the operation of such provision during the period of its invalidity and to substitute in its place a provision which will be in accord with the intended purpose of the invalid provision. Such substitute shall be effective upon adoption and shall remain in effect until the next Convention unless written objection is received from the LIUNA General Executive Board within ninety (90) days.
If any Article or Section of this Constitution is held invalid by operation of law or by any tribunal of competent jurisdiction, the remainder of this Constitution or application of such Article or Section to persons or circumstances other than those as to which it has been held invalid shall not be affected thereby.
Resolution No. 1 of the 1992 National Convention
(Passed August 19, 1992)
This labor organization will no longer consider proper nor tolerate the existence of severance pay, monetary awards or incentives, or bonus plans for elected leaders, officers, or representatives, at either the National Union or any Local Union. No such person shall receive severance or bonus payments, and any funds set aside for such purposes which have not already been paid to any individual shall revert back to and become the property of the National or Local Union, as appropriate.
This labor organization will no longer consider proper nor tolerate the existence of severance pay, monetary awards or incentives, or bonus plans for elected leaders, officers, or representatives, at either the National Union or any Local Union. No such person shall receive severance or bonus payments, and any funds set aside for such purposes which have not already been paid to any individual shall revert back to and become the property of the National or Local Union, as appropriate.


ADDENDUM
== ADDENDUM 1984 CONSTITUTION OF THE NATIONAL POSTAL MAIL HANDLERS UNION, AS AMENDED ARTICLE XII ‐ Representation at LIUNA Conventions ==
1984 CONSTITUTION OF THE
NATIONAL POSTAL MAIL HANDLERS UNION, AS AMENDED
ARTICLE XII ‐ Representation at LIUNA Conventions
Section 1. This Union shall be entitled to representation on a local basis at the regular Conventions of LIUNA which are held once every five years pursuant to Article V of the LIUNA Constitution, and at any Special Convention of LIUNA conducted in accordance with Article V, Section 17 of the LIUNA Constitution. The apportionment of delegates shall at all times correspond with the apportionment of delegates set forth in Article V, section 4 of the LIUNA Constitution or its successor provisions. In addition, the members of the National Executive Board shall, by virtue of their office, serve as accredited delegates to the regular Conventions and Special Conventions of LIUNA, and shall be entitled to all the privileges of duly elected delegates, but shall not be permitted to vote for officers unless they are permitted by law to do so. The designation of the members of the National Executive Board as delegates shall not affect the number of delegates to which their respective Local Unions shall otherwise be entitled.
Section 1. This Union shall be entitled to representation on a local basis at the regular Conventions of LIUNA which are held once every five years pursuant to Article V of the LIUNA Constitution, and at any Special Convention of LIUNA conducted in accordance with Article V, Section 17 of the LIUNA Constitution. The apportionment of delegates shall at all times correspond with the apportionment of delegates set forth in Article V, section 4 of the LIUNA Constitution or its successor provisions. In addition, the members of the National Executive Board shall, by virtue of their office, serve as accredited delegates to the regular Conventions and Special Conventions of LIUNA, and shall be entitled to all the privileges of duly elected delegates, but shall not be permitted to vote for officers unless they are permitted by law to do so. The designation of the members of the National Executive Board as delegates shall not affect the number of delegates to which their respective Local Unions shall otherwise be entitled.
The final paragraph of Article V, Section 4 of the LIUNA Constitution or its successor provisions shall govern with regard to one or more Local Union officers serving as accredited delegates to a LIUNA Convention by virtue of their election to office.
The final paragraph of Article V, Section 4 of the LIUNA Constitution or its successor provisions shall govern with regard to one or more Local Union officers serving as accredited delegates to a LIUNA Convention by virtue of their election to office.

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