Report from the 2018 APWU/DDAL Constitution Committee

 

The attached draft is the result of the Committee's honest, sincere, diligent and exhaustive efforts to revise the DDAL Constitution in the light of the Detroit Local's changed circumstances.

Since December 14, 2016 , the Committee has met on 15 separate dates. The attached draft is therefore neither hastily written, poorly considered, nor "rushed up" to meet a deadline.

As we undertook the project with which we were tasked, we kept several primary facts always in mind:

1. The Detroit Local, from a high point of about 4,000 members in the 1990's, has, due to a number of factors, decreased in membership to just under 1,700. In other words, where we used to have a dollar, we now have forty cents of incoming revenue.

2. In light of the state of the Postal Service, especially in the Detroit area, it is not reasonable that this local can expect membership to increase in the foreseeable future; in fact, a continued decrease in membership is a more likely prospect. Our membership on average is increasing in age, with no significant hiring by the USPS appearing likely, except for non-career PSE employees. If any incentive is offered by the USPS, a significant number of our present members can be expected to retire immediately.

3. Our membership has come to expect a very high degree of representation as well as additional benefits and services from the Detroit Local; for example, several annual events, a local union hall with staff open to the members all weekdays and every week of the year, as well as a full time steward complement at several of our larger facilities. We train our own arbitration advocates to present our own grievances at arbitration. We also offer not one but two dental plans to local members. Few other locals can offer these advantages and benefits.

4. Our local union hall has been in need of significant repair for a number of years now, and this work has finally begun being undertaken. In the last year we have purchased new air conditioners, a new furnace, a new hot water tank and a new door. We still however have a lot to do in bringing our building to an acceptable state of repair. For example, there is virtually no room in the building with a complete ceiling or without exposed fluorescent bulbs. Carpeting throughout the building is badly damaged and in many cases presents a trip-and-fall hazard.

5. Our future existence as a viable local is dependent upon some significant and tough changes being made, which will require some sacrifices all around if we are to survive financially while still providing the representation and benefits our membership has come to expect.

 

 

HIGHLIGHTS OF CHANGES MADE:

The Committee recognized that our local constitution has been an evolving document which began life in the early 1970's, if not earlier. It became clear very early that our constitution had been written over and amended many times, since several different language styles and formats are sprinkled throughout. Cosmetic changes to capitalization, numbering and format have been made in this draft, most are clearly identified by bold face type.

Otherwise, changes or additions of language are in bold face type. Deleted language, of course, does not appear at all.

Big changes include the following:

- Oath of office inserted after Preamble.

- All references to the Staff are deleted, the Staff has not functioned for many years, and its members are pretty much duplicated anyway by the Executive Board. Wherever "Staff" formerly appeared, it is replaced by "Executive Board".

- All references to the By Laws are deleted. The By Laws as written were really just additional rules and provisions of the constitution, and in many cases they duplicated language already in other articles of the constitution. Therefore, the articles of the former By Laws are simply re-numbered as additional articles of the constitution, or inserted into existing articles of the constitution where they fit best, making a far more understandable document. For example, everything pertaining to membership meetings is now found in Article V "Meetings", where you'd ordinarily look for it; previously it was all over the document.

- Article I “Name” no changes.

- Article II “Objectives” no significant changes.

- Article III “Membership” Created new window period for retirees to re-join as full members.

- Article IV “Jurisdiction” no significant changes.

- Article V “Meetings”, Reduced number of monthly meetings. Language about meetings falling on postal holiday clarified, and specific language about Mother's Day and Easter if those Sundays are a meeting Sunday. Order of Business relocated from By Laws and added to this section where it really belongs and where you’d look for it. New section making clear that Robert’s Rules of Order prevail at meetings. New section added emphasizing attendance for full length of meeting for those officers, stewards and members who are required to attend. New section added requiring Executive Board to sit at front table with President. New section making clear that reports do not need to be voted on, except for that of Secretary Treasurer, which is consistent with Robert's Rules of Order.

- Article VI “Representation” Delegates to conventions specified.

- Article VII “General Officers”

- Full time officer's salaries were left intact, however, benefits were modified, see Art. XIX.

- President’s enforcement of constitution made subject to Exec. Board approval.

- President invests and withdraws surplus funds of local, subject to Exec. Board approval.

- Language removed requiring Vice President to make written report of progress of work assigned.

- Language removed about closing office between Christmas and New Year's.

- New language added to require posting of full-time officer’s leave usage at monthly meetings.

- Language removed requiring Secretary Treasurer to take one week annual leave during which financial review takes place.

- Health plan duties shared between Secretary Treasurer and Organization Director, also see Art. VIII.

- New language prohibiting full-time officers from holding two full-time positions with APWU or receiving two full-time salaries. Conflicting outside employment prohibited.

- Succession procedure in event of death/resignation of President, which formerly was under Secretary Treasurer duties was modified and added as new section and titled “Special Succession Procedure”.

- Language removed requiring Recording Secretary to keep records of full-time officers' leave.

- Recording Secretary duty to assume the chair at meetings clarified, duties of old Archivist/Records Coordinator added to Recording Secretary.

Article VIII “Department and Administrative Offices”

- Health Plan duties added to Organization Director, $5.00 rebate per new member eliminated and replaced with new $1200.00 annual salary.

- Trustees allowed to take lost time as approved by President. Trustee reports must be in writing and presented at membership meeting.

- Mailhandler trustee eliminated and replaced with Support Services trustee.

- Minimum number of employees to justify a facility director reduced from 100 to 50. Mandatory arbitration duties eliminated from facility directors.

- Language removed requiring facility directors to publish a quarterly facility newsletter.

- 480 Facility Director eliminated.

- Archivist/Records Coordinator eliminated, duties transferred to Recording Secretary.

- New section concerning “training” brought forward from old By Laws and incorporated here.

- Article IX “Craft Directors”

- Language concerning signing and approving lost time vouchers deleted.

- Office hours and field work requirements brought forward from old Art. XVII and added as new Article X.

- Arbitration duties removed from craft directors.

- Section 3 “Stewards” heading split off this article and added as new Article XI.

- Article X “Nominations and Elections of Officers and Delegates”

- Re-numbered as new Article XII.

- All language from old By Laws, Article I "Delegates for Convention and Central Labor Body", brought forward and incorporated here, with some changes.

- Reference to obsolete PASS program deleted. Authorization for Election Committee to take lost time as approved by President added. Language added requiring that all election-related materials must be printed at a union print shop with union bug imprinted on the materials. Some moving of sentences to other parts of this Article for clarity.

-Nominations of officers moved from October to January during every third year, so that terms of officers coincide with due date of LM-2 financial report required by IRS.

-Cutoff date to be eligible to vote moved to November 30th.

- Language on description of actual ballot cleaned up, deadline for receipt of ballots extended from 9:00am to 12:00 noon on ballot deadline day. Challengers limited to three per candidate.

- Incoming newly elected officers assume positions immediately upon election results being announced. Outgoing officers enter transition period of two weeks to assist in smooth transition of office. Outgoing officers may take lost time during transition. Newly elected part time officers begin salaries in April.

- Any member with a grievance or complaint on conduct of election may appeal to Election Committee and in accordance with Article 12 Section 8 of the APWU National Constitution.

-Article XI Governing Authority

- Re-numbered as new Article XIII

- Recording Secretary moved in order of succession. 480 Facility Director deleted.

- All references to Staff deleted.

-Article XII Fiscal Year and Revenues

- Re-numbered as new Article XIV.

-Article XIII Prohibitions

- Re-numbered as new Article XVI.

 

-Article XIV Amendments

- Re-numbered as new Article XVII

- Language removed about merger agreements.

- Language removed about referendum voting on amendments.

-Article XV Recall of Officers

- Entire Article removed as being inconsistent with National APWU Constitution.

-Article XVI Membership Protection

- Re-numbered as new Article XVIII.

- Language deleted about member grievance being appealed to the general membership

- References to Staff deleted and changed to Executive Board, whose decision is final.

- Language concerning Formal Charges deleted.

-Article XVI Benefits

- Re-numbered as new Article XIX

- Full-time officers' annual leave days reduced from 30 to 26

- Full-time officers pay their share of health benefits even if APWU Health Plan

- Language about annual leave carry-over modified, sick leave modified, no leave cash-out

- Section 5 office hours/field work moved and re-numbered as new Article X.

- Retirement benefit changed from $300.00 to union jacket of $100.00 value.

- Disability benefit language removed.

- Death benefit reduced to $100.00.

- Bible benefit removed.

 

BY LAWS (all incorporated into main constitution articles as indicated)

-Article 1 Delegates for Convention and Central Labor Body

- Struck and incorporated into new Article XII, with changes, as being largely duplicate language

-Article II Member's Benefits

- Language changed to be consistent with National APWU and moved to new Article XIX.

-Article III Expenses and Mileage

- Struck entirely as it is duplicated in new Article XIX.

-Article IV Code of Ethics

- Moved and re-numbered as new Article XX.

-Article V Meetings

- Moved to main constitution Article V.

-Article VI Training

- Moved and added at end of new Article VIII.

-Article VII Committees

- Moved and re-numbered as new Article XXI, w/changes.

- Language added requiring Executive Board to approve annual events by 2/3 majority vote.

- Language removed requiring all Budget Committee members to record expenditures and all crafts/departments to submit separate proposed budgets.

- Retirement committee removed, added to main constitution as new Article XXIII

 

-Article VIII Bonds

- Moved and re-numbered as new Article XXII

-Article IX Amendments

- Moved to new Article XVII.

 

 

- Other highlights

- Meeting stipend eliminated from all salaried positions. If however that person is a steward, he/she is entitled to the meeting stipend by virtue of being a steward.

- Stipend to be paid quarterly rather than at end of year.

- New Article XV debt collection procedures added, originally passed in 1990's but left out of subsequent changes to local constitution.

- Retiree Committee eliminated and changed to Retiree Chapter, see Art. XXIII.

NOTE: The Constitution Committee referred to several constitutions from other APWU locals, and particularly referred to the 1977 Constitution of the Detroit District Area Local when considering the history of how the DDAL Local Constitution has evolved over time. A number of written constitution change proposals were received ALL proposals were given full consideration by the Committee, and most were incorporated into this constitution draft at least in part if not in total.

 

In Union Solidarity,

 

________________________________________________Tamika Johnson-Smith, committee member

 

 

_________________________________________________Angella Griffith, committee member

 

 

__________________________________________________Lopinia L. R. Roe, committee member

 

 

_______________ _________________________________John Merritt, committee member

 

 

 

 

Detroit District Area Local 2018 Constitution Committee