National Association of Letter Carriers Constitution
Transcript of National Association of Letter Carriers Constitution
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National Associationof Letter Carriers
As amended through the 68th Biennial ConventionMinneapolis, MinnesotaJuly 23-27, 2012
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OFFICERS, 2010-2014
Fredric V. Rolando, PresidentTimothy C. O’Malley, Executive Vice President
George C. Mignosi, Vice PresidentJane E. Broendel, Secretary-Treasurer
Nicole Rhine, Assistant Secretary-TreasurerLew Drass, Director of City Delivery
Manuel L. Peralta Jr., Director, Safety & HealthErnest Kirkland, Director of Retired Members
Brian E. Hellman, Director, Health BenefitsMyra Warren, Director of Life Insurance
NATIONAL TRUSTEES
Lawrence D. Brown Jr., ChairmanRandall L. Keller
Mike Gill
NATIONAL BUSINESS AGENTS
Christopher JacksonPaul Price
Neal TisdaleRoger BledsoeDan Pittman
Patrick C. Carroll Chris Wittenburg
Peter S. MossJudy WilloughbyKathy Baldwin
Daniel TothWilliam J. Lucini
Timothy W. DowdyJohn J. Casciano
Lawrence D. Cirelli
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of theNational Association
of Letter Carriersof the
United States of America
Laws for:BranchesState AssociationsU.S. Letter Carriers Mutual
Benefit AssociationHealth Benefit Plan
As amended through the 68th Biennial ConventionMinneapolis, MinnesotaJuly 23-27, 2012
Washington, DC
Constitution
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TABLE OF CONTENTS
Constitution of the National Association of Letter Carriers ............................................page 3
Constitution for the Government of Subordinate and Federal Branches ...............page 66
Constitution for the Government of State Associations........................................ page 87
Form of Ceremonial for Initiation of Candidates into Branches of the National Association of Letter Carriers.....................page 102
Form of Installation Ceremony for Use of Branches, State Associations, and the National Association...................................page 105
Constitution and General Laws of the United States Letter Carriers Mutual Benefit Association.....................................page 110
Constitution of the National Association of Letter Carriers Health Benefit Plan ........page 131
Charter of Incorporation of the United States Letter Carriers Mutual Benefit Association [As Amended] .........................page 142
Past National Conventions..........................page 147
Index...........................................................page 150
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CONSTITUTIONof the
NATIONAL ASSOCIATIONOF
LETTER CARRIERSof the
UNITED STATES OFAMERICA
Organized at Milwaukee, Wisconsin, 1889Affiliated with the American Federation
of Labor, September 20, 1917Affiliated with the American Federation
of Labor and Congress of IndustrialOrganizations, December 5, 1955
ARTICLE 1
Name, Powers and Objectives
Section 1. This labor organization, hereinafterreferred to as the Union, shall be known as the
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National Association of Letter Carriers of theUnited States of America, and shall be identified bythe initials NALC.
Sec. 2. This document shall be known as theConstitution of the National Association of LetterCarriers, Constitution for the Government ofSubordinate and Federal Branches, Constitution forthe Government of State Associations, Constitutionand General Laws of the United States LetterCarriers Mutual Benefit Association and HealthBenefit Plan.
Sec. 3. The Union shall have jurisdiction to makeits own Constitution, Rules of Discipline and Gen-eral Laws of the United States Letter Carriers Mutual Benefit Association and Health Benefit Plan.
Sec. 4. The National Convention shall be thesupreme body to which final appeal shall be madeon all matters emanating from Members, Branchesand State Associations. There shall be no geograph-ical limitations on the jurisdiction of the Union.
Sec. 5. The objects of the Association shall be:to unite fraternally all letter carriers and otheremployees of the Postal Career Service for theirmutual benefit; to obtain and secure our rights asemployees of the United States Postal Service and to strive at all times to promote the safety and thewelfare of every member; in conjunction with thePostal Service, to strive for the constant improve-ment of the Service; to create and establish theNALC Life Insurance Department and the NALCHealth Benefit Department; to construct, maintain,and operate the NALC buildings in the city ofWashington, D.C. and other localities; to establish anon-contributory retirement program for officers
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and employees; to sponsor a non-profit retirementhousing facility in East Lake Wales, Florida, to beowned and operated by the National Association ofLetter Carriers, Retirement, Educational, Security,Training, Incorporated—NALCREST; and to estab-lish and operate, under rules adopted and promul-gated by the National Executive Council, a fundcomposed wholly of voluntary contributions by themembership to be used at the national and locallevels exclusively for the purpose of assisting candi-dates without regard to party affiliation for electionto federal office who favor legislation in the interestof labor, said fund to be separate and apart from allother moneys and funds of the Union.
ARTICLE 2
Branches, State Associations,Membership
Section 1. Membership in the National Associa-tion of Letter Carriers shall be open without regardto race, creed, color, sex, national origin, age,religion, handicap, or marital status. Membershipshall be:
(a). regular branch members who shall be non-supervisory employees in the Postal Career Service,and regular branch members who the ExecutiveCouncil has determined were unjustly separatedfrom the Postal Career Service, retirees from thatService who were regular members of the NALCwhen they retired, and persons leaving the Servicewith coverage under Office of Workers Compen-sation Programs (OWCP). Such retirees, OWCPdepartees, and non-letter carrier regular members
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shall have no voice or vote in the branch in any mat-ter pertaining to the ratification of a national work-ing agreement, local memorandum of understand-ing, or proposed work stoppage;
(b). present members of existing FederalBranches may retain their membership;
(c). present members who have left the PostalService, or have been temporarily or permanentlypromoted to supervisory status, may retain theirmembership but shall be members only for the pur-pose of membership in the NALC Life InsurancePlan and/or the NALC Health Benefit Plan. Thesemembers shall have no voice or vote in any of theaffairs of such Branch, except they shall have avoice and vote at the Branch level upon mattersappertaining to the NALC Life Insurance Plan,and/or the NALC Health Benefit Plan, if they are amember thereof, and on any proposition to raisedues. These members are not eligible to be candi-dates for any State Association, Branch, or Nationaloffice, or delegates to any conventions. They mayattend only that part of the meeting which concernsthem, such as change of dues structure and informa-tion concerning Health or Life Insurance;
(d). a Form 1187 (Dues Check-off Provision)must be signed and filed by all applicants seekingmembership within the NALC;
(e). a Form 1189 (Dues Check-off Provision)must be signed by all retiring members within theNALC who wish to retain their membership in saidorganization, effective October 1, 1982.
(f). Upon proper execution and receipt of Form1187, the new member shall be provided by theNALC with a complimentary copy of the currentNational Agreement and NALC Constitution.
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Sec. 2. All members of the National Association ofLetter Carriers shall be affiliated with a SubordinateBranch and with the State Association, if one exists,in the State in which their branch shall have jurisdic-tion over members working under one or morePostmasters as determined by the branch charter. Inthe event the Postal Service shall combine one ormore offices into one with a single Postmaster, thesmaller branch or branches shall be merged with thelargest branch into one branch, provided the provi-sions of Article 2, Section 3(e) are complied with.The number of any NALC members in the Branchwill determine which is the largest. When the PostalService shall separate one office into more than oneoffice, the following shall apply: The smaller minori-ty of these groups shall have the option, by majorityvote, to continue their membership in the originalsubordinate branch, and also may form a subordinatebranch or affiliate with a subordinate branch in theadjacent city.
Sec. 3. Mergers of Branches may be effected onlyin accordance with the following rules and regula-tions:
(a). each Branch proposing to merge shall, withina period of ninety (90) days, have a regular or spe-cial meeting. Such meeting shall be held for thepurpose of considering a resolution calling formerger after at least thirty (30) days notice of saidmeeting to each member, which notice shall setforth the details of the proposed merger;
(b). when a merger is formally voted upon andput into effect, it will be final and binding;
(c). the identity and geographic area covered bythe Branch which will emerge from, or the nameand number of the Branch which will survive, the
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merger or absorption shall be determined;(d). any agreement or agreements between the
applying Branches concerning by-laws, dues struc-ture, terms and identity of officers, disposition ofassets, assumption of liabilities, if any, and pro-posed effective date of the merger or absorptionshall be specified;
(e). a majority affirmative vote of all regularmembers in good standing, present and voting, ofeach Branch proposing to merge, shall be necessaryto authorize application for merger;
(f). an application to the President of the NALCsigned by the President and Secretary of eachBranch proposing to merge containing the follow-ing: a copy of the resolution adopted by eachBranch; a certification by each Branch Secretary ofthe vote of his/her Branch, including the date andplace of its meeting, the number of its eligible vot-ers, and the number of affirmative votes cast; and astatement of the reasons for desiring the merger;
(g). upon receipt by the President of an applica-tion for merger on appropriate form from two ormore Branches, the President of the NALC shallissue a charter forthwith;
(h). merger applications will be considered in thelight of the following criteria, among others: allmergers will be on a voluntary basis, a merger maynot cross the geographic boundary lines of a state,unless a consolidation of post offices across statelines puts the Branches under one installation head;
(i). if a substantial complaint is raised followingBranch merger voting, documentation and support-ing evidence of the charge or charges must be sub-mitted to the National President, within thirty (30) days after such voting, who will in turn have
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the authority, upon review, to order a new vote to be taken among all members in each respectiveBranch seeking merger in accordance with the vot-ing procedures as contained in the By-Laws of eachrespective Branch, and the National Constitution.
Sec. 4. All members of branches within thegeographic boundary lines of a state, except instates without a State Association, must be affiliatedwithin the State Association under the name andtitle State Association of Letter Carriers.
Sec. 5 (a). When receiving proper notification bythe Branch Secretary that a member will completetwenty-five (25) years, or thirty (30) years, or thirty-five (35) years, or forty (40) years, and forty-five (45)years of membership, the National Association ofLetter Carriers shall provide a suitable lapel pin tosuch member. In the year when a member is to com-plete fifty (50) years membership in this Association,and by proper request having been directed by theBranch Secretary to the National Secretary-Treasurer,a member shall be given a Life Membership Card ofgold which shall entitle him/her to all privileges ofmembership in the National Association of LetterCarriers without payment of dues, per capita tax, orspecial assessments from the date of issue of suchLife Membership Card; provided, however, that aLife Member shall not be exempt from the require-ments of premium payments to the Mutual BenefitAssociation or the Health Benefit Plan. LifeMembers shall also be issued a suitable lapel pin.The Life Membership Card and the lapel pin shall beissued by the National Association through the officeof the National President.
(b). In the year when a member is to completefifty-five (55) years, sixty (60) years and sixty-five
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(65) years and when receiving proper notification bythe Branch Secretary, the National Association ofLetter Carriers shall provide a suitable lapel pin tosuch member.
(c). In the year when a member is to complete sev-enty (70) and seventy-five (75) years and whenreceiving proper notification by the Branch Secretary,the National Association of Letter Carriers shall pro-vide a suitable plaque for such member.
(d). For purposes of this Article 2, Section 5, mem-bership in the National Alliance of Postal Employeesprior to January 1, 1969 shall be treated as equivalentto membership in the National Association of LetterCarriers. Article 2, Section 5 shall also apply to anymembers who were denied NALC membership afterJanuary 1, 1969 and joined the National Alliance ofPostal Employees.
ARTICLE 3
Time and Place of Conventions andSpecial Meetings
Section 1. The National Convention of this Unionshall be held biennially in even-numbered yearsbetween the Fourth of July and third full week ofAugust. The time and place of the Convention to beheld in the year 2002, and all subsequent Conven-tions, will be determined by the Executive Councilof the National Association of Letter Carriers, elim-inating the geographic regions which were the sitesof the two previous Conventions. For purposes ofthis section, geographic regions shall mean the fiveUnited States Postal Service regions that existedprior to 1992. Any materials and/or literature dis-tributed at a National Convention must bear a union
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label. After a convention city has thus been select-ed, all further arrangements for the conduct of theConvention, the costs of which shall be borne by theNational Convention Fund, shall be under the super-vision and authority of the Executive Council of theNational Association of Letter Carriers.
Sec. 2. Special meetings shall be called by thePresident upon the written request of not less thanone-half of all the Branches representing not lessthan two-thirds of this membership of this NationalAssociation of Letter Carriers. The Secretary-Treasurer shall notify by letter each Branch entitledto representation in the National Association ofLetter Carriers, and also every member by a generalnotice printed in The Postal Record stating theobject of the call. No other business shall be trans-acted at said special meeting.
If the object of the call is to raise per capita tax or to levy a general or special assessment on mem-bers, the Secretary shall send the aforesaid noticeno less than 30 days before the meeting isconvened.
Sec. 3. Three hundred delegates, from Branchesin not less than 10 states, representing at least 8 per-cent of the Branches having an aggregate member-ship of at least 15 percent of the members of theNALC as shown by the records in the office of theNational Secretary-Treasurer as of January of thecurrent year, shall constitute a quorum, but less thanthat number may adjourn to meet at a future speci-fied time.
Sec. 4 (a). National Business Agents shall havethe authority to conduct Rap Sessions in theirrespective Regions, consistent with the needs of thearea served, as determined by them.
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(b). The National President shall, once each yearexcept in the year of the National Convention, call anational conference. This conference shall bevoluntarily attended by only State and BranchPresidents or their designees, with their expenses tobe borne by the State Association or Branchrepresented.
ARTICLE 4
Delegates to the Convention
Section 1. Each Branch having twenty (20) or lessmembers shall be entitled to one delegate and onevote in the National Convention. Branches havingmore than twenty (20) members shall be entitled toone delegate and one vote for each twenty (20) mem-bers, or fraction thereof. Each State Association shallbe entitled to two Delegates-at-Large. NationalOfficers and Delegates-at-Large shall each be entitledto one vote, as such, provided that vote may not becast for officers.
Each delegate shall be supplied with a certificateof election signed by the President and RecordingSecretary of the Branch.
Sec. 2. Each delegate shall serve from the biennialmeeting of the National Association succeeding his/her election until the next biennial meeting.
Sec. 3. At the regular election of Branch dele-gates, the Branch shall elect the same number ofalternates as there are delegates elected; and, at the election of Delegates-at-Large, the State Asso-ciation shall elect also two alternate Delegates-at-Large who shall be recognized as the delegate in the event of the inability of any delegate to attendthe Convention, or of the death or resignation of any
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delegate. The Branch may elect both paid andunpaid delegates and alternates as long as everyqualified member has an equal opportunity to runfor both the paid and unpaid positions; provided,that the alternate who received the highest numberof votes shall be assigned to act instead of any onedelegate who is unable to attend such Convention;and, when more than one delegate is unable toattend such Convention, alternates shall be assignedin accordance with the number of votes cast foreach one in the election, and shall be certified insuch numerical order to act in their stead. A dele-gate and his/her alternate shall not both be admittedduring any one biennial or special meeting. Anyvacancy in the office of delegate, Delegate-at-Large,or their alternates may be filled by election by theBranch or by the State Association. An alternatedelegate before being admitted to the NationalConvention shall present either his/her certificate ofelection or written evidence from the Secretary ofhis/her Branch, or from the delegate for whomhe/she is elected alternate, that the elected delegateis unable to attend the meeting of the NationalAssociation.
Sec. 4. National Officers and Delegates-at-Largeshall each be entitled to one vote only. The delegatesfrom any Branch present at the National Conventionshall be allowed to cast the whole number of votes to which the Branch is entitled, provided suchdelegates agree unanimously as to who among themshall cast such vote. In case of disagreement, thedelegates in attendance shall be entitled to suchnumber of whole votes as can be divided equallyamong them each pro rata. The number of membersfor whom per capita tax is paid to the National
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Association for the term beginning October 1 prior toeach Biennial Convention shall determine the num-ber of votes and delegates to which the Branch isentitled at such Convention.
ARTICLE 5
Elections
Section 1. The provisions of this Article shall gov-ern the election of all delegates and alternate dele-gates to the National Association Convention and tothe State Association Convention.
Sec. 2. All qualified regular members shall be eli-gible to be a delegate or alternate delegate to theNational Association Convention or State Con-vention, except that any regular member who volun-tarily or otherwise, holds, accepts, or applies for asupervisory position in the Postal Career Service forany period of time, whether one (1) day or fractionthereof, either detailed, acting, probationary or per-manently, shall immediately vacate any office held,and shall be ineligible to run for any office or to be adelegate to any Convention for a period of two (2)years after termination of such supervisory status.Upon nomination, the candidate must certify thathe/she has not served in a supervisory capacity forthe 24 months prior to the nomination.
Sec. 3. All regular members in good standing ofthe respective Subordinate Branch shall be entitled toone vote for each delegate and alternate delegateposition to be filled.
Sec. 4. Election of delegates and alternate dele-gates to the National and State AssociationConvention shall be made no later than December ofthe year preceding the convention year. No less than
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45 days before each election, the secretary shall mailto every member at his/her last known address, noticeof the election, stating that election for National andState Association delegate and alternate shall be heldand the time, place, and manner for nomination andelection. For purposes of this provision, the require-ment that notices be mailed may be satisfied by pub-lication of the notice in The Postal Record or in Stateor Branch publications that are mailed to the lastknown address of the member.
Sec. 5 (a). Each regular member shall have theright to nominate a candidate for National and StateAssociation delegate or alternate delegate.
(b). Each candidate shall be nominated at a regularor special meeting of the Branch not less than four(4) weeks before the date of the election, but not lessthan 10 days after the notice of nomination and elec-tion has been sent out. A Branch may, however, pro-vide in its by-laws that nominations may be made inwriting, with the nomination to be received by thesecretary not less than 30 days before the date of theelection.
(c). Elections shall be by secret ballot. When thereare more candidates for delegate or alternate delegatethan the authorized number for the Branch, the elec-tion shall be by ballot, and the candidates receivingthe largest number of votes shall be elected. Thereshall be no write-in votes for candidates not officiallyon the ballot. Any such write-in shall not be counted,but will not invalidate the rest of the ballot. Each eli-gible regular member shall be entitled to one vote foreach delegate or alternate position to be filled. Wherethere are fewer or the same number of candidates asthe number of delegates and alternates for which theBranch is authorized, the President may declare that
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such persons have been elected. Adequate safeguardsto ensure a fair election shall be provided, includingthe right of any candidate to have an observer at thecounting of the votes and at any polling place. The National Executive Council is hereby empow-ered to adopt and promulgate rules and regulationsfor the conduct of all elections in the Branches andState Associations which will provide such adequatesafeguards. The election will be held at a regularmeeting of the Branch; or a Branch may provide inits by-laws that ballots may also be cast at eachstation not more than seven (7) days, nor less thanone day, before the regular meeting; or that the elec-tion shall be by a secret mail ballot. Whenever suchelections are conducted by mail ballot, the last dateon which ballots must be received in order to becounted shall be considered to be the date of the elec-tion. The Recording Secretary shall preserve for oneyear the ballots and all other records pertaining to theelection.
(d). In any election of delegates to the NationalAssociation Convention, the President and secretaryof the Branch or State Association shall inform theSecretary-Treasurer of the National Association inwriting the name of every delegate elected throughthe registration procedure established by theExecutive Council. If delegates to the StateAssociation Convention are elected, the secretarywill so advise the Secretary of the State Associationutilizing the same procedure.
(e). Elections by State Associations of Delegate(s)-at-Large and alternate Delegate(s)-at-Large shall beas provided in the State Association By-laws.
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ARTICLE 6
Officers and Elections
Section 1. The elective officers of this body shallbe: a President, Executive Vice President, VicePresident, Secretary-Treasurer, Assistant Secretary-Treasurer, Director of City Delivery, Director ofSafety and Health, Director of Life Insurance,Director of Health Benefits, Director of RetiredMembers who shall be a retired member, and Boardof Trustees composed of three members, who shallbe elected for a term of office of four (4) years oruntil their successors have been duly elected andinstalled and fifteen (15) National Business Agents.The elected officers shall, by virtue of their office, bedelegates to the National Convention. In addition totheir salaries, all elected officers shall be entitled toreimbursement of all itemized expenses legitimatelyincurred in conduct of the affairs of the Union.
Sec. 2. Every four (4) years, nominations for offi-cers of the Union shall be called by the Chairpersonof the Convention on the third day (Wednesday) ofthe Convention. The Chair shall call for nominationsfrom the floor for each national office separately.Any delegate may nominate an eligible member forany one of the following national offices: President,Executive Vice President, Vice President, Secretary-Treasurer, Assistant Secretary-Treasurer, Director ofCity Delivery, Director of Safety and Health,Director of Life Insurance, Director of HealthBenefits, Director of Retired Members, and a three-member Board of Trustees. Nominations of fifteen(15) National Business Agents shall be separately byNALC Regions, as constituted effective January 1,1974. Only delegates from the appropriate NALC
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Region may nominate candidates for the position ofNational Business Agent for such Region.Nomination to the position of National BusinessAgent in each Region shall be restricted to nomineeswhose Branch is located in such appropriate NALCRegion. No person shall be nominated for any officewithout his/her written acceptance, on the officiallyprescribed form, which must include the endorse-ment from five (5) delegates representing five (5)Branches. The official form shall be handed to theSecretary-Treasurer at the time of nomination, and noperson shall be permitted to accept nomination formore than one office at any Convention. These nomi-nating forms shall be made immediately available bythe Secretary-Treasurer for review by all candidatesat the close of nominations. No second shall be nec-essary to a nomination, and no nominating speecheswill be permitted by the Chair. No nominee who filedacceptance with the Secretary-Treasurer shall beallowed to withdraw his/her name. When there is butone candidate placed in nomination, the Chairpersonshall declare the election by consent.
Sec. 3. The National Convention shall electDelegates to the AFL-CIO Convention, except thatthe President and Secretary-Treasurer shall beDelegates by virtue of their office to said Convention,and their names shall not be required to appear on theelection ballot for Delegates to the AFL-CIOConvention. Should the number of nominees exceedthe number to be elected, the Delegates will be elect-ed on a plurality basis and the listing of the names ofthe nominees for AFL-CIO Delegates shall be placedon the ballot in an order corresponding to the resultsof a lottery selection among the nominees.
Sec. 4. All regular members shall be eligible to
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hold any office in the National Association, exceptthat only retired members are eligible for the officeof Director of Retired Members. Any regular Branchmember who shall accept a supervisory position inthe Postal Career Service for any period of time,whether one (1) day or fraction thereof, eitherdetailed, acting, probationary or permanently, or whoshall leave the Postal Career Service, shall immedi-ately vacate any office held by him/her in thisNational Association, its Branches, State Associa-tions or its subsidiaries—the NALC Health BenefitDepartment, the NALC Life Insurance Department—unless the Executive Council finds the member wasinvoluntarily separated from the service without justcause. Upon termination of such supervisory status,such member shall be ineligible for election to anyoffice for two (2) years. Upon nomination, the candi-date must certify that he/she has not served in asupervisory capacity for the 24 months prior to thenomination.
Sec. 5. During the nomination of officers, no motionexcept such as refers to the nomination, or to take arecess, shall be entertained or debate permitted.
Sec. 6. On the opening day of the Convention, theChairperson shall appoint an Election Commissionerand a Board of Tellers to act as a committee whichshall conduct the election, tabulate the votes cast, andmake the count and announce the results of all callsfor a “division of votes” during the Convention. Thiscommittee shall keep itself in readiness to make sucha count at all times when the Convention is in ses-sion. When a teller vote is being taken, the doors ofthe auditorium shall be closed while the vote is taken.Nobody shall be allowed to enter or leave; theSergeant-at-Arms shall take appropriate steps to
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assure that only qualified delegates are in the meetingarea.
Sec. 7. On the fourth day of each Biennial Conven-tion, the Chairperson shall appoint a National Elec-tion Committee, consisting of not less than five mem-bers, none of who shall be candidates for a nationaloffice, who shall oversee the conduct of the electionof national officers. The members of the NationalElection Committee shall elect a Chairperson fromamong the members and must retain the services ofan independent, impartial balloting association toassist in the preparation, distribution, collection, andtabulation of ballots. The members of the NationalElection Committee shall be recompensed for theirtime loss and expenses.
Sec. 8. As soon as practicable after the Conventionat which nominations for National Officers have beenmade, the National Secretary-Treasurer shall furnishto the National Election Committee a list of all mem-bers eligible to vote. To be so eligible, a membermust be in good standing as of June 1 of the electionyear. There shall be one membership-wide ballotissued in each of the fifteen (15) NALC Regionsauthorized and established elsewhere in thisConstitution reflecting the names of all nominees forthe positions of President, Executive Vice President,Vice President, Secretary-Treasurer, AssistantSecretary-Treasurer, Director of City Delivery,Director of Safety and Health, Director of LifeInsurance, Director of Health Benefits, Director ofRetired Members, three members of the Board ofTrustees, and the names of all nominees for the posi-tion of National Business Agent for one of the fifteen(15) NALC Regions. The National ElectionCommittee shall then be responsible for mailing bal-
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lots to all eligible members as soon as possible.Sec. 9. The listing of the names of the nominees
for all National Offices shall be placed on the ballotin an order corresponding to the results of a lotteryselection among the nominees for each office.
Sec. 10. Ballots shall be accompanied by a copyof printed voting instructions and two envelopes.The larger envelope shall be postage pre-paid andshall be pre-addressed to a post office box estab-lished by the National Election Committee. Thesmaller envelope shall be used for securing the bal-lot within the return envelope, and shall have nomarkings on it.
Sec. 11. All regular members shall be entitled toone vote for each office to be filled. The voter shallindicate his/her choice for each of the officers byfollowing the procedure established by the NationalElection Committee as set forth in the ballotinstructions. The voter shall then seal the ballot inthe smaller envelope, enclose this envelope withinthe large one, and mail it to the post office boxprinted on the larger envelope. Write-in votes shallnot be valid. No markings shall be made on the bal-lot or the smaller envelope other than as indicatedin this Section.
Sec. 12. To be valid, ballots must be received bythe time and date specified by the National ElectionCommittee in the printed instructions which will beat least 18 and no later than 21 days from the finaldate upon which the ballots were mailed by theNational Election Committee. On the date and atthe time so specified, the ballots will be removedfrom the post office box by the National ElectionCommittee and the balloting association retainedby it, with at least three members of the National
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Election Committee being present.Sec. 13. The ballots shall be counted by the ballot-
ing association, under the supervision of the NationalElection Committee. Each candidate shall be entitledto have one observer present during the counting ofballots. Observers present for each respective candi-date at the counting of ballots shall not be permittedto interfere in any manner with the counting andrecording of same. Observers shall abide by all poli-cies and rules adopted by the Balloting and ElectionCommittees. In elections for all offices, the candidate(or candidates, where the election is for a group ofidentical offices) receiving the largest number ofvotes shall be declared elected. The final tabulationsshall be certified by the balloting association to theNational Election Committee; said results shall bepromptly certified by the National ElectionCommittee to the incumbent Secretary-Treasurer;and the results of the election shall be officiallyannounced by the Secretary-Treasurer in the next edi-tion of The Postal Record.
Sec. 14. The National Election Committee shall beauthorized to decide, by majority vote, the validity ofthe ballots. All appeals in connection with the validi-ty of the ballots or the election must be filed by amember in good standing with the National ElectionCommittee not later than the 20th day of the monthin which announcement of the results is published inThe Postal Record. Such appeals must be in affidavitform and must specify the basis of the appeal indetail. The National Election Committee shall passon such appeals within three weeks after receiptthereof, and may hold hearings if it deems necessary.The decision of the National Election Committeeupon said appeals shall be final and binding.
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Sec. 15. In the case of a tie vote for a particularoffice, another election for that office shall be heldamong the candidates for whom an equal number ofvotes is cast. In the event of the death of a nomineefor any office, the incumbent Executive Council shallbe empowered, in its own discretion, to take suchaction as it deems necessary, including the holding ofnew nominations and elections for the affected officeor offices.
Sec. 16. Upon the certification of the electionresults by the balloting association, the NationalElection Committee shall deposit, in such safe recep-tacle as may be designated by the Secretary-Treasurer, all ballots and records pertaining to theelection where they shall be preserved for one year,after which they may be destroyed upon the writtenauthorization of the Secretary-Treasurer.
Sec. 17. The newly-elected officers shall assumetheir offices as soon after 45 days from the date ofthe certification of results by National ElectionCommittee as is practicable.
ARTICLE 7
Source and Distribution of Revenue
Section 1. The revenue of the National Associationshall be derived from the following sources: grantingcharters to Branches and State Associations; the saleof such supplies as may be required for the Branchesand by regulation of the Executive Council underauthority of the National Association; the per capitatax charged for each member of the Association ingood standing; special assessments which may belevied; moneys which may be derived from the publi-cation of The Postal Record; and such profits as may
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accrue from the operation of the NALC building. NoPostmaster shall be provided with a complimentarysubscription or be permitted to purchase a subscrip-tion to The Postal Record without the express con-sent of the NALC Branch over which the Postmasterhas USPS jurisdiction.
(a). A charge of one dollar shall be made for char-ters given to newly organized Branches in cities orvillages wherein there are less than 20 carriersemployed.
(b). A charge of five dollars shall be made forcharters given to newly organized Branches in citieswherein there are 20 or more carriers employed.
(c). A charge of one dollar shall be made for char-ters given to State Associations.
Sec. 2 (a). There shall be a minimum dues struc-ture which shall consist of the following: Each mem-ber shall pay monthly dues equal to two hours basepay for an NALC Grade 1, Step D letter carrieremployed by the United States Postal Service. Onethird of such dues shall be allocated to the nationalunion and shall be designated the national per capitatax. The remaining two thirds of such dues shall beallocated to the member’s branch and shall be desig-nated minimum branch dues.
(b). Each member shall pay to the NationalAssociation the national per capita defined in para-graph (a), payable semi-annually on January 1 andJuly l; provided, that members whose dues arechecked off pursuant to a collective bargaining agree-ment need not advance their semi-annual tax, butshall pay it by the method determined in the check-off agreement. A member who has retired from thePostal Career Service under the Civil ServiceRetirement Act or Federal Employees Retirement
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System shall pay to the National Association $7 perannum payable semi-annually in advance or via duescheck-off, as provided in Article 2, Section 1(e).
(c). No branch may have dues which are lowerthan the minimum branch dues defined in paragraph(a). Branches may have dues which are higher thanthe minimum branch dues.
Application of the foregoing provisions shall notresult in a reduction of the dues income of any branchin effect as of July 31, 2000, and any increase in branchdues as of such date necessary to preserve such duesincome shall be implemented automatically. This sec-tion shall become effective on January 1, 2001.
Sec. 3 (a). One dollar per member per annum,deductible semi-annually, of all per capita tax shallbe deposited in the Building Fund of the NationalAssociation of Letter Carriers.
(b). Seventy-five (75) cents per member perannum, deductible semi-annually, or on a pro ratamonthly basis for those enrolled in the dues with-holding program, of all per capita tax shall be held inreserve in the General Funds of the Association. Saidreserve shall be known as the National ConventionFund, the purpose of which shall be to underwrite thecosts of the Biennial Conventions of the NationalAssociation of Letter Carriers, under the supervisionand authority of the Executive Council of theNational Association of Letter Carriers.
(c). Twenty cents per annum, deductible semiannu-ally, of all per capita tax shall be held in reserve inthe General Funds of the Association. Said reservesshall be known as the Letter Carriers Band Fund, thepurpose of which shall be to underwrite, insofar aspossible, the cost of sending to the BiennialConvention of the National Association of Letter
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Carriers, up to five Letter Carrier Bands on a rotatingbasis regardless of location to the convention city andbeginning in alphabetical order with those LetterCarrier Bands who were not funded to the 1984National Convention. The Letter Carrier Band Fundshall be under the supervision and authority of theExecutive Council for the National Association ofLetter Carriers, and a band committee appointed bythe President.
(d). Fifty (50) cents per member per annum,deductible semi-annually, of all per capita tax shallbe deposited in the NALC Legislative and PoliticalAction Fund to be used as authorized and directed bythe National President.
(e). Twenty cents per annum, deductible semiannu-ally, of all per capita tax shall be held in reserve inthe General Funds of the Association. Said reservesshall be known as the Public Relations Fund, the pur-pose of which shall be to underwrite, insofar as pos-sible, the cost of improving the public image of theLetter Carrier. The Public Relations Fund shall beunder the supervision and authority of the ExecutiveCouncil for the National Association of LetterCarriers and a committee appointed by the President.
(f). The National Secretary-Treasurer shall reim-burse to each State Association the amount of percapita tax that was collected in their behalf fromBranches under their jurisdiction, by means of thedues check-off and the National semi-annual percapita tax calls.
(g). Three dollars ($3.00) per member per annum,deductible semi-annually, of all per capita tax shallbe deposited in a Political Education Fund for theexclusive use of National Association of Letter
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Carriers’ state organizations involved in political edu-cation. Biennially each state organization will begiven an accounting of the Political Education Fundscollected from and spent in that state.
Sec. 4. Should the necessities of this Associationrequire an expenditure in excess of its income, thereason for such expenditure, together with the call forassessment to meet the same, shall be submitted tothe Branches for their approval or rejection. A major-ity of all votes cast is necessary to authorize the levy-ing of an assessment.
Sec. 5. Any Branch or member-at-large neglectingto pay dues, per capita tax, or assessments, within 30days after the same are due, shall be fined 10 percentof the amount due and shall stand suspended untilsuch dues, per capita tax, or assessments and finesare paid; provided, however, the National Secretary-Treasurer may excuse the payment of fines byBranches where the fine does not amount to morethan two dollars ($2.00).
Sec. 6. Any Branch remaining suspended for sixmonths shall forfeit all right and title to its charter,which shall be surrendered to the National Secretary-Treasurer. Such Branch can be reinstated only by thepayment of all dues, per capita tax, and assessmentsin arrears at the time of suspension, together with thedues or per capita tax to the National Association ofLetter Carriers for one term in advance.
ARTICLE 8
Charters
Section 1. The President shall have power, in con-nection with the Secretary-Treasurer, to issue char-ters during the recess of the National Association,
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and to take such measures as may be necessary toinstitute Branches. Charters for merged Brancheswill be issued in accordance with rules and regula-tions as specified in Article 2, Section 3, of thisConstitution.
Sec. 2. In any State in which there are not less thanthree Branches, a State Association may be formedand the President, in connection with the Secretary-Treasurer, shall have power to issue charters betweenConventions.
Sec. 3. The members in any state not having aState Association may affiliate themselves with theState Association of an adjoining state, until suchtime as a State Association is formed in their state.When this occurs, the members (affiliated with theiradjoining State Association) will terminate their affil-iation with the adjoining State Association and affili-ate with their own State Association.
ARTICLE 9Duties of Officers
President
Section 1 (a). The President shall preside at allmeetings of the National Association and enforce alllaws thereof, he/she shall have the general superin-tendency of its affairs with power to grant dispensa-tions when, in his/her judgment, the good of theUnion may require it; he/she shall have the authorityto assign National Business Agents and other repre-sentatives for the purpose of engaging in organiza-tional activities, policing collective bargaining agree-ments, investigating and settling grievances, unfairlabor practices, and labor disputes, and related activi-ties, as the needs of the Union from time to time may
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require.(b). The Postal Record shall be published in
Washington, D.C. under the guidance and financialcontrol of the Executive Council. Matter for ThePostal Record shall be mailed so as to reach theEditor not later than the tenth of each month to beconsidered for publication in the next issue.Manuscripts shall be carefully written or typed onone side of a sheet only. Proper names shall be legi-bly written. Branch, District, State Association, andRetiree items shall not exceed 300 words, preferablyless. All articles submitted by authorized scribes per-taining to Branch, District, State Association, orRetiree items of interest will be published as written,unless such article is defamatory or unlawful.Auxiliary items shall not be more than 150 words.Branch and Auxiliary articles submitted for publica-tion in The Postal Record shall be submitted by theregularly selected correspondent or his/her alternate.
(c). He/she shall fill all vacancies occasioned bydeath or otherwise with person duly qualified until thenext election be held; between meetings of theExecutive Council, authorize the expenditure of allfunds he/she deems necessary and appropriate to fur-thering the aims and purposes of this Union; sign allorders on the Secretary-Treasurer drawn as providedby law; and sign all documents and papers that requirehis/her signature to properly authenticate them.
(d). He/she shall, together with the Secretary-Treasurer, sign and file with the Secretary of Labor,on behalf of the National Association of LetterCarriers, the annual financial report required by pub-lic law.
(e). He/she shall have the authority and responsi-bility for carrying out the collective bargaining duties
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of the Union; he/she may designate such members ofthe bargaining committee as he/she chooses and takeall steps he/she deems necessary and proper toenforce the rights of the Union and its membersunder all collective bargaining agreements, includingthe determination of referral of all matters to arbitra-tion; and he/she shall appoint a Ballot Committeepursuant to Article 16 hereof.
(f). He/she shall exercise the powers defined inArticle 18, entitled Trusteeship.
(g). At least 24 hours prior to each Convention,he/she shall appoint from the list of delegates in thehands of the Secretary-Treasurer separate committeeson credentials and mileage and per diem, each toserve during the Convention. He/she shall alsoappoint a sergeant-at-arms. He/she shall furtherappoint such additional committees for the durationof the Convention as in his/her judgment are requiredto conduct the business to come before theConvention.
(h). The President is authorized to appointRegional Administrative Assistants in such estab-lished NALC Regions in accordance with the needsof each respective NALC Region. He/she shall estab-lish and appoint full-time Regional AdministrativeAssistants based on the request of the NationalBusiness Agents, who must document and supporttheir need, and such other organizers, representatives,assistants, counsel, accountants, industrial engineers,and other professional administrative personnel ashe/she may require to assist him/her in the operationof the Union and to fix their compensation, subject tothe approval and ratification of the ExecutiveCouncil. The President may also employ an expertaccountant or audit company to audit the books and
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records of the Union or any of its subsidiaries at anytime when, in his/her discretion, it may be deemednecessary; and said expert accountant or audit com-pany shall give satisfactory bond as to the accuracyand correctness of the audit.
(i). At the close of each Convention, he/she shallmake such appointments of standing and specialcommittees as shall have been provided for, and shallhave power to fill all vacancies occurring therein dur-ing recess. He/she shall see that the names andbranches of all committee appointments be publishedin the first issue of The Postal Record after beingappointed.
(j). His/her decisions upon all questions of lawshall be promulgated by the Secretary-Treasurer andshall be final between Conventions. He/she shallreport all such decisions to the Convention forapproval or rejection; such decisions, when approvedor revised by the Union, shall have the force andeffect of General Laws of the Union.
(k). He/she shall submit at each Convention a writ-ten report of all his/her official acts during his/ herterm of office, and he/she shall perform such otherduties as the laws, rules, and usages of this Unionmay require.
(1). He/she shall assign all National Officers,including the officers of the MBA and the HealthBenefit Plan to Branch affairs, District meetings, andState Conventions when, in his/her judgment, the sizeor importance of the event warrants such assign-ments. He/she shall, by virtue of his/her office, be adelegate to the AFL-CIO Convention, and he/sheshall Chair the Executive Council.
(m). For the faithful performance of the aboveduties, he/she shall receive the sum of $189,355.23
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per annum, payable weekly, effective July 27, 2012,provided, that future salary adjustments will be madewith the same percentage given top grade letter carri-ers in their salary increases. He/she shall be entitledto the same sick and annual leave provisions of lettercarriers, and he/she shall be scheduled for threeweeks of annual leave each year.
Executive Vice President
Sec. 2 (a). The Executive Vice President shall pre-side in the absence of the President and in case ofdeath, resignation, disqualification, refusal, orneglect of the President to discharge the duties ofhis/her office, the Executive Vice President shall per-form all duties incumbent upon the President untilthe next biennial election shall be held and his/hersuccessor duly installed.
(b). He/she shall make a complete report of his/heracts at each Convention of the National Associationof Letter Carriers.
(c). He/she shall serve as Director of Organization,Collective Bargaining Negotiations, Labor Relations,and Legislation, and in such capacity shall overseepreparations for collective bargaining negotiationsand participation therein, and guide and direct allactivities of this Union relating to legislation. He/sheshall have primary operational responsibility for giv-ing guidance and direction regarding interpretation ofcontracts, the processing of grievances, the institutionand processing of court actions involving collectivebargaining relationships, and the processing of unfairlabor practice charges; he/she shall be in charge ofadministering, policing, and advising upon mattersrelating to collective bargaining relationships and thenational bargaining agreements, and local supple-
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ments there-to. He/she shall be in charge of organiza-tional activities within the Association, which includethe enrolling of members and other related duties.He/she shall perform such other duties as shall beassigned to him/her by the President.
(d). For the faithful performance of the aboveduties, he/she shall receive the sum of $159,282.95per annum, payable weekly, effective July 27, 2012,provided, that future salary adjustments will be madewith the same percentage given top grade letter carri-ers in their salary increases. He/she shall be entitledto the same sick and annual leave provisions of lettercarriers, and he/she shall be scheduled for threeweeks of annual leave each year.
Vice President
Sec. 3. He/she shall assist the Executive VicePresident in the performance of his/her duties.He/she shall exercise direct, immediate supervisionover the National Business Agents and other repre-sentatives, insofar as their duties relate to his/herduties. He/she shall perform such other duties as maybe assigned to him/her by the President. He/she shallmake a complete report of his/her acts at eachConvention. For his/her services, he/she shall receivethe sum of $154,577.79 per annum, payable weekly,effective July 27, 2012, provided, that future salaryadjustments will be made with the same percentagegiven top grade letter carriers in their salary increas-es. He/she shall be entitled to the same sick andannual leave provisions of letter carriers, and he/sheshall be scheduled for three weeks of annual leaveeach year.
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Secretary-Treasurer
Sec. 4 (a). The Secretary-Treasurer shall keep acorrect record of the proceedings of this Association.He/she shall affix the seal of this Association to allofficial documents, prepare for publication a copy ofthe proceedings of this Association after the close ofeach National Convention or called meeting, andshall present on the first day of each NationalConvention a complete statement of the condition ofthis Association, including a statement of the mem-bership.
(b). He/she shall compile and arrange for publica-tion, subject to the approval of the ExecutiveCouncil, all amendments to the Constitution andLaws adopted by the National Association.
(c). He/she shall draw and attest all orders (whichmust be signed by the President) for money in pay-ment of bills that have been approved by the FiscalCommittee, all of which shall be paid by theSecretary-Treasurer.
(d). He/she shall conduct the correspondence ofthis Association, and shall have charge of all records.
(e). He/she shall keep a true and correct accountbetween this Association and the Branches. He/sheshall close all entries in his/her books March 31,prior to the opening of the National Convention, andshall present to this Association on the first day ofeach National Convention a full and correct state-ment of the money received and disbursed during thetwo preceding fiscal years.
(f). He/she shall receive all moneys due theNational Association, and such moneys shall bedeposited in the depositories designated by theExecutive Council and approved by the President;
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such deposits shall be made in the name of theNational Association of Letter Carriers of the UnitedStates of America, and interest received thereon shallbe paid to the Secretary-Treasurer and credited to theGeneral Fund of the Association.
(g). He/she shall have his/her accounts correctlyposted and ready for examination by the ExecutiveCouncil whenever they may require. He/she shallpresent to this Association on the first day of eachConvention a full and correct report of the conditionof the Treasury.
(h). He/she shall, whenever called upon to do so bythe President and the Executive Council, account forand deliver over to the National Association or tohis/her successor in office all moneys, books, papers,securities, and other property of said NationalAssociation that may have come into his/her possession.
(i). He/she shall make monthly reports to thePresident and Executive Council, giving the receiptsand expenditures of the funds of this Association indetail, as shown by the books in his/her office.
(j). He/she shall make reports, giving the receiptsand expenditures of the funds of this Union, in detailas shown by the books in his/her office, to the mem-bership semi-annually in The Postal Record issuesfor February and August of each year.
(k). He/she shall be bonded in a good and suffi-cient sum to be determined by the Executive Councilwho shall have authority to increase or decrease thisbond when, in their judgment, such action is neces-sary to cover the funds accumulated in the Treasury.
(1). The Secretary-Treasurer shall preserve for oneyear the credentials of the Convention delegates andall minutes and other records of the Convention per-taining to the election of officers.
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(m). He/she shall, by virtue of his/her office, be adelegate to the AFL-CIO Convention.
(n). He/she shall assure that every officer, employ-ee, or other representative of the NationalAssociation who handles funds or other propertyshall be bonded therefor to provide protection againstloss by reason of acts of fraud or dishonesty onhis/her part directly or through connivance with oth-ers. Such bond shall be in the amount required bypublic law and shall be determined at the beginningof each fiscal year. The expense of such bond shall bepaid by the National Association.
(o). He/she shall perform such other duties as thelaws require, and as the President may from time totime assign him/her. For his/her services, he/she shallreceive $154,577.79 per annum, payable weekly,effective July 27, 2012, provided, that future salaryadjustments will be made with the same percentagegiven top grade letter carriers in their salary increas-es. He/she shall be entitled to the same sick andannual leave provisions of the letter carriers, andhe/she shall be scheduled for three weeks of annualleave each year.
Assistant Secretary-Treasurer
Sec. 5. The Assistant Secretary-Treasurer shallserve as Secretary-Treasurer in the absence of theSecretary-Treasurer. He/she shall be under the directsupervision of the President, and shall perform suchduties as may be assigned to him/her from time totime by the President. He/she shall serve as Secretaryof the Executive Council when it is in session.He/she shall be bonded in a good and sufficient sumto be determined by the Executive Council, whichbond must be deposited with the Executive Council.
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For his/her services, he/she shall receive $154,577.79per annum, payable weekly, effective July 27, 2012,provided, that future salary adjustments will be madewith the same percentage given top grade letter carri-ers in their salary increases. He/she shall be entitledto the same sick and annual leave provisions of theletter carriers, and he/she shall be scheduled for threeweeks of annual leave each year.
Director of City Delivery
Sec. 6 (a). The Director of City Delivery shallserve under the direct supervision of the President.
(b). He/she shall be in charge of all organizationalactivities relating to the city delivery service, includ-ing but not limited to the preparation of materials fortraining programs.
(c). He/she shall be a member ex officio of theNational Joint City Delivery Committee establishedby Article 41, Section 5, of the 1973 NationalAgreement between the National Association ofLetter Carriers and the United States Postal Service.
(d). The Director of City Delivery shall make acomplete report of his/her acts at each Convention ofthe National Association of Letter Carriers.
(e). He/she shall perform such other duties as maybe assigned to him/her from time to time by thePresident.
(f). For his/her services, he/she shall receive$154,577.79 per annum, payable weekly, effectiveJuly 27, 2012, provided, that future salary adjust-ments will be made with the same percentage giventop grade letter carriers in their salary increases.He/she shall be entitled to the same sick and annualleave provisions of the letter carriers, and he/she shall
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be scheduled for three weeks of annual leave eachyear.
Director of Safety and Health
Sec. 7 (a). The Director of Safety and Health shallguide and direct the activities of the Union relating tosafety and health matters. He/she shall perform suchother duties as may be assigned from time to time bythe President. He/she shall make a complete report ofhis/her acts at each Convention.
(b). For the faithful performance of the aboveduties, he/she shall receive the sum of $154,577.79per annum, payable weekly, effective July 27, 2012,provided, that future salary adjustments will be madewith the same percentage given top grade letter carri-ers in their salary increases. He/she shall be entitledto the same sick and annual leave provisions of theletter carriers, and he/she shall be scheduled for threeweeks of annual leave each year.
National Business Agents
Sec. 8. There shall be fifteen (15) NationalBusiness Agents, who shall devote full time to theirduties. Subject to the ultimate direction of thePresident, and the immediate direction of theExecutive Vice President and the Vice President intheir respective spheres of authority, they shall per-form duties relating to organizing, contract adminis-tration and interpretation, and the processing ofgrievances and unfair labor practices. Their functionsshall include, but not be limited to, assisting in orga-nization campaigns, gathering evidence for legal pro-ceedings, assisting in the preparation of grievancesand arbitration hearings, assisting in the mediation
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and conciliation of labor disputes, advising membersand local officers upon practice and procedure,assisting in all activities relating to legislation; con-ducting training and educational seminars; and allother functions relevant to their duties. In the perfor-mance of their duties they may be assigned by thePresident in such numbers and to such functions andlocalities as he/she deems fit and necessary. Theyshall have such control and authority over other rep-resentatives as the President shall determine. Theyshall be members of the Executive Council. For theirservices, they shall receive $110,457.77 per annum,payable weekly, effective July 27, 2012, provided,that future salary adjustments will be made with thesame percentage given top grade letter carriers intheir salary increases. They shall be entitled to thesame sick and annual leave provisions of the lettercarriers, and they shall be scheduled for three weeksof annual leave each year.
Director of Retired Members
Sec. 9 (a). The Director of Retired Members shallbe elected by the members of the National Associa-tion of Letter Carriers who are in good standing withthe Association.
(b). The Director of Retired Members’ duties shallbe to coordinate all activities of the retired members,and he/she shall be the legislation advocate and theCongressional Liaison for the retired members of theNational Association of Letter Carriers. He/she shallbe the National Organizer for the retired members ofthe National Association of Letter Carriers, shall beunder the direct supervision of the President, andshall perform such other duties as may be assigned tohim/her from time to time by the President.
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(c). The salary of the Director of Retired Membersshall be $154,577.79 per annum, payable weekly,effective July 27, 2012, provided, that future salaryadjustments will be made with the same percentagegiven top grade letter carriers in their salary increas-es. He/she shall be entitled to the same sick andannual leave provisions of the letter carriers, andhe/she shall be scheduled for three weeks of annualleave each year.
Board of Trustees
Sec. 10. The Board of Trustees shall act as trusteesof this Union. They shall, no less frequently than annu-ally, audit the books of this Union, employing suchprofessional and clerical assistance as they deem neces-sary. They shall render a complete report of such auditsto the Executive Council, which shall arrange for theirpublication in The Postal Record. They shall also makea complete report of such audits to the Convention.They shall hold in custody the property of the Unionand approve the bonds of all bonded officers. Theyshall also serve as Trustees of the NALC HealthBenefit Program, Life Insurance Program, and theNALC Annuity Trust Fund; and such other duties asthe National Convention may direct. The Board ofTrustees shall select from their own number, one whoshall be chairperson of the Board. For the faithful per-formance of the above duties, each of the threeTrustees shall receive the sum of $28,418.12 perannum, payable weekly, effective July 27, 2012, withthe selected Chairperson of the Board to receive anadditional $700 per annum, payable weekly, provid-ed, that future salary adjustments will be made withthe same percentage given top grade letter carriers intheir salary increases.
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Executive Council
Sec. 11 (a). The Executive Council shall consist ofthe President, Executive Vice President, VicePresident, Secretary-Treasurer, Assistant Secretary-Treasurer, Director of City Delivery, Director ofSafety and Health, Director of Life Insurance,Director of Health Benefit Plan, Director of RetiredMembers, Board of Trustees, and the NationalBusiness Agents.
(b). Meetings of the Executive Council shall beheld at least twice each year. They shall be held atsuch times and in such places as the President shalldetermine. The President shall act as chairperson ofthe Executive Council when in session, and theAssistant Secretary-Treasurer shall act as its secre-tary.
(c). Meetings of the Executive Council shall be onnot less than 10 days notice, except for emergencymeetings.
(d). A meeting of the Executive Council may becalled by petition of a majority of the members of theCouncil.
(e). Second only to the Convention in legislativeand policy-making authority, it shall act betweenConventions on all matters related to the welfare ofthe Union not specifically prohibited by the member-ship, and it shall submit such proposed changes tothe Constitution and Laws of the National Associa-tion of Letter Carriers, and subordinate bodies there-of, to National Conventions as it may deem expedi-ent. The Executive Council is hereby authorized to:
(1) supervise the activities, affairs, and functioningof the Union;
(2) establish and order compliance with such rules,regulations, or procedures, consistent with this
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Constitution, as are required for the effective man-agement of the affairs of the Union;
(3) authorize and/or ratify the payment of salaries,wages, expenses, allowances, and other disburse-ments which it deems necessary and appropriate tothe purpose and functioning of this Union, other thanprovided for;
(4) establish such benefits as may be required toattract and retain competent personnel, including butnot limited to annuity, welfare, vacations, holidays,severance pay, tuition or scholarship, and insurancebenefits;
(5) lease, buy, sell, mortgage, or dispose of, onbehalf of the Union, any property rights or privilegesit deems desirable to meet the objectives and purpos-es of the membership;
(6) direct the investment of the funds of this Unionin readily convertible securities that have a stated orwell-known money market value. It shall not, at anytime, loan money on personal security or real estatemortgages, and it shall deposit with the Secretary-Treasurer for safe-keeping all deeds and securitiesbelonging to this Union;
(7) decide questions of jurisdiction relating to subor-dinate bodies, and conclude organizational and juris-dictional agreements with other labor organizations;
(8) provide financial assistance from the generalassets of the Union to any subordinate body;
(9) bring suit in behalf of the Union, with fullauthority to bind in such suit all members of theUnion, and to assume the costs of any legal actions inwhich the Union becomes involved;
(10) levy assessments for necessary revenue inaccordance with this Constitution;
(11) establish such marks, labels, or other insignia
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to identify the Union or to improve the recognitionand status of the membership;
(12) appoint a person to fill a vacancy in officewhere procedures are not otherwise provided in thisConstitution, or the By-Laws of any subordinatebody, to serve until the next regular election for thatoffice;
(13) refer questions or matters to a subcommitteeof the Executive Council which will decide or deter-mine the disposition of such questions or matters,subject to action at the next meeting of the ExecutiveCouncil or Convention;
(14) conduct a poll of members on such subjectsand under such rules as it may decide;
(15) give a general report from time to timethrough the President in The Postal Record, and bien-nially to the Convention;
(16) supervise the arrangements for and the con-duct of all National Conventions;
(17) in conjunction with the President, theExecutive Council shall have the power to investigateany Branch or member of a Branch who interferes inthe work of the organization, or who circulates falseor misleading statements calculated to retard the offi-cers in conducting the organization work. If a Branchor a member of a Branch is found guilty after a fairhearing, the Executive Council and President shallhave the power to suspend such Branch, or member,subject to appeal to the National Convention, inaccordance with the procedure set out in Article 10 ofthis Constitution. These powers shall be in additionto those of the President defined in Article 18 entitledTrusteeship.
(18) approve payment for the General Fund, by theSecretary-Treasurer, the amount required to continue
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for life the supplemental annuity (equal to 75 percentof salary at retirement) of former National Presidentson the NALC retirement roll at the time of the 1977installation of officers.
Regional Administrative Assistants
Sec. 12 (a). Regional Administrative Assistantsshall be entitled to reimbursement of all itemizedexpenses legitimately incurred in the conduct of theaffairs of the Union. Their salaries, payable weekly,shall be set by the National President, subject to theapproval of the Executive Council.
(b). Regional Administrative Assistants shall coverthe NALC Regional Office when the NationalBusiness Agent is away on official assignment, or onleave for an extended period of time.
ARTICLE 10
Removal of Officers
In case of neglect of duty or violation of thisConstitution on the part of any officer of thisAssociation or a State Association, the ExecutiveCouncil shall have power to remove him/her fromoffice, impose such other penalty as it may deemproper, or suspend such State Association after a fairhearing, subject to appeal to the National Convention.Any member may file with the Executive Council acharge that an officer of the National Association or aState Association has been guilty of neglect of duty orviolation of this Constitution. Upon the filing of suchcharge, the President or Vice President (or theSecretary-Treasurer if the charge is against both thePresident and Vice President) shall, as soon as practi-
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cable: (a) send, by registered mail, a copy of thecharges to the officer or officers charged, and (b)appoint a member, who is not involved in the charge,to investigate the same and to make a report in writingwithin 30 days to the Executive Council on the resultsof his/her findings. A copy of such report shall be sentby mail to the charging member and to the officeragainst whom the charge was filed. The ExecutiveCouncil shall determine whether a substantial chargeis presented by the report and, if so, shall direct ahearing thereon before a panel of three disinterestedmembers, excluding the investigator. The panel shallmake a report with recommendations to the ExecutiveCouncil which shall be served on the accused officerand charging member, who may, within 15 days, filewith the Executive Council objections or commentsthereon. If the Executive Council finds the officerguilty, it shall be empowered to remove him/her fromoffice, or impose such other penalty as it may deemproper. Any member aggrieved by such decision ofthe Executive Council shall have the right to appeal tothe National Convention.
To perfect such appeal to the National Convention,the aggrieved member must, no later than sixty (60)days prior to the National Convention, file with theChairperson of the Executive Council, by registeredmail, notice of appeal, together with a full writtenstatement of the reasons why the appeal should begranted; if the adverse decision of the ExecutiveCouncil is not rendered until sixty-five (65) days orless prior to the National Convention, the notice toappeal and statement of reasons must be filed as soonafter receipt of the decision as is reasonably possible.
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ARTICLE 11
Committees
Building Trustees
Section 1. The National President, the NationalSecretary-Treasurer, and the Chairperson of theBoard of Trustees shall constitute the BuildingTrustees.
The Building Trustees shall have supervision overthe operation and maintenance of the NALCBuilding; they shall have the authority to appoint aBuilding Manager to whom they may delegate suchpower as they may deem advisable; they shall havecontrol over all physical and financial assets, proper-ly invest funds when such funds are available, main-tain necessary records, submit for approval a monthlyreport to the Executive Council, and a biennial reportto the National Convention. As Building Trustees,they shall serve without compensation.
Fiscal Committee
Sec. 2 (a). The Resident National Officers shallconstitute the Fiscal Committee. Any three of theResident Officers may serve as members of theFiscal Committee.
(b). It shall be the duty of the Fiscal Committee toexamine all bills submitted for payment and, if foundto be correct, to approve them and authorize paymentto be made. All bills shall be itemized. Any disap-proved bills will be returned by the Secretary-Treasurer, who will furnish the reasons for disap-proval.
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Committee of Laws
Sec. 3. The President shall appoint three membersof the Executive Council who shall be the Committeeof Laws. The proposed by-laws of all subordinateBranches and State Associations, except those fixingthe time and place of meetings, and the amount ofinitiation fees, dues, and reinstatement fees, shall besubmitted for approval by this Committee. If they donot conflict with the constitution or laws of thisAssociation, such by-laws shall be approved. By-laws and subsequent alterations or amendments madethereto shall not take effect until so approved. TheCommittee of Laws shall keep a record of date ofapproval of any by-laws or amendments or alter-ations to by-laws, together with the name and num-ber of the Branch or State Association submitting thesame, and shall make a full report thereof at the bien-nial meeting of the National Association.
Committee on Appeals
Sec. 4 (a). The Vice President, Secretary-Treasurer,and Chairperson of the Board of Trustees shall con-stitute the Committee on Appeals. They shall exam-ine all appeals and grievances that may arise in theNational Association, and all appeals and grievancesthat may be taken from a State Association, or from aBranch to the National Association, or between indi-vidual members thereof, except those involving ques-tions of law upon which the National President hasruled, as may be referred to them in accordance withthe laws of this Association. They shall notify theappropriate Branches, State Associations, the appel-lant, and the President of their decision. They shall
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make a written report summarizing their activities ateach National Convention.
(b). Any determination of the Committee onAppeals can be appealed by any aggrieved member,Branch, or State Association to the NationalConvention. To perfect such appeal, the aggrievedmember, Branch, or State Association must, no laterthan sixty (60) days prior to the National Convention,file with the Committee on Appeals, by registeredmail, a notice of appeal, together with a full writtenstatement of the reasons why the appeal should begranted; if the decision of the Committee on Appealsis not rendered until sixty-five (65) days or less priorto the National Convention, the notice of appeal andstatement of reasons must be filed as soon afterreceipt of the decision as is reasonably possible.
Committee on Credentials
Sec. 5. The Committee on Credentials shall exam-ine the credentials of all delegates to the NationalConvention or special meeting of this Association,and make their report as soon as the convention ormeeting has opened and they have passed upon allthe credentials that have been presented to them, withsupplemental reports being made in case of tardy del-egates. They shall have the right to call for all papersin the possession of any officer or member of thisAssociation when a protest is under consideration.They shall report all protests, together with theirdecision, to the Convention.
Committee on Mileage and Per Diem
Sec. 6. The Committee on Mileage and Per Diemshall compute and report to the National Convention
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the name, residence, and amount due each membereligible for mileage and per diem.
Convention Committee
Sec. 7. The National President shall appoint acommittee to study and explore the feasibility offuture convention cities desiring to be the host city. Areport of the committee’s finding, including whetheror not the city is located in a right-to-work state,must be submitted to the Executive Council for itsconsideration.
Sec. 8. All formal actions by the standing commit-tees between Conventions shall be in writing, signedby a majority, and shall be reported to the Presidentand Secretary-Treasurer.
ARTICLE 12
Resolutions
Any Branch in good standing or any StateAssociation may, at any time, forward to the NationalSecretary-Treasurer resolutions properly attested bytheir President and Secretary-Treasurer for consider-ation by the appropriate Union authority. Such reso-lutions must be in duplicate, and each shall be on aseparate sheet of paper. Resolutions pertaining to theNational Working Agreement, which should, insofaras possible, identify the Article and Section to bechanged, shall be forwarded to the Chief Spokesmanof the NALC Negotiating Team; those pertaining tolegislation shall be forwarded to the NALC Directorof Legislation; and all others shall be forwarded tothe NALC Executive Council for their considerationand appropriate action. Those appropriate authoritiesshall report to the National Convention on all such
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resolutions and the action taken thereon.
ARTICLE 13
Mileage and Per Diem
Section 1. The National Association shall paymileage to the President, Executive Vice President,Vice President, Secretary-Treasurer, AssistantSecretary-Treasurer, Director of City Delivery,Director of Safety and Health, Director of RetiredMembers, Director of Life Insurance, Director ofHealth Benefits, National Business Agents, andBoard of Trustees.
Sec. 2. Per diem shall be paid to each officer as theNational Association, while in session, may direct.
ARTICLE 14
Prohibitions
Section 1. Any Branch or any member of a Branchwho shall cause to have introduced or endeavor tohave passed in Congress any measures relating tolegislation for letter carriers which can be provenbeyond a reasonable doubt to be detrimental to themembers of this association shall have charges pre-ferred against such Branch or member, and if provenguilty, such Branch or member, as the case may be,shall be expelled.
The National Association of Letter Carriers, StateAssociation, Branch, or member shall make no lawor rule in violation of Title I of the Labor-Management Reporting and Disclosure Act of 1959.
Sec. 2. No State Association or Branch of theNALC shall take any action binding themselves toany other organization by affiliation or otherwise,
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until the character and objects of this other body shallhave been endorsed at a convention of the NALC orpassed upon favorably by a majority of the ExecutiveCouncil.
Sec. 3. No State Association or Branch of theNALC, or officer or member of the Association, shalltake any action or make any statement whose pur-pose is to destroy the NALC, encourage a rival to it,or bring about a violation of its legal or contractualobligations.
Sec. 4. No national, state, or branch officer, ormember, or group of members, acting individually orin concert, shall call a strike or other work stoppageunless and until such action has been approved by theNALC Executive Council and/or the NALC NationalPresident.
Sec. 5. No full-time National Officer shall holdany office in any subordinate branch or StateAssociation.
Sec. 6. No full-time elected or appointed NationalOfficer shall receive more than one salary from theNALC.
ARTICLE 15
By-laws of Branches and State Associations
Each Branch or State Association may make,alter, or rescind such by-laws, rules, and regula-tions from time to time as may be deemed mostexpedient, providing they do not in any way conflictwith this Constitution. By-laws of branches may beamended at any regular meeting of the branch, pro-vided the amendment has been submitted in writingat the last previous regular branch meeting, and suit-
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able notification to members shall be made at leastten (10) days before the regular meeting at which thevote is to be taken. By-laws and amendments thereto,fixing the amount of initiation fees, dues, and rein-statement fees, or the time and place of meetings,shall become effective at the time determined by theBranch or State Association. All other by-laws mustbe submitted in duplicate to the Chairperson of theCommittee of Laws and shall not become effectiveuntil approved by the Committee of Laws as provid-ed in Article 11, Sec. 3, of this Constitution.
ARTICLE 16
Collective Bargaining
Section 1. Every member, by becoming or remain-ing a member of the Association, appoints theAssociation as his/her exclusive bargaining represen-tative for purposes of entering into collective bargain-ing agreements with his/her employer, and for theresolution of any grievances or claims arising undersuch agreement. Each member agrees not to bringany action against the Association or any officer orrepresentative thereof, for any act or omission by it inthe exercise of its responsibility as his/her exclusivebargaining representative; provided, that such suitmay be brought against the Association, or an officeror representative, if the Association or that officer orrepresentative has been guilty of a deliberate breachof trust injuring the suing member.
The President shall appoint a Ballot Committeecomposed of fifteen (15) members from Branches innot less than fifteen (15) states.
Ratification shall be a mail referendum vote, andthe ballot shall be mailed only to regular members of
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the NALC, as defined in Article 2, Section 1(a),excluding non-letter carrier regular members, asshown by the records of the National Secretary-Treasurer as of ninety (90) days prior to the date thatthe proposed agreement is reached. The ballot shallprovide only for the acceptance or rejection of theentire proposed agreement.
The Ballot Committee shall be called to NationalHeadquarters by the National President, commencingwith the conclusion of negotiations for the sole pur-poses of monitoring and observing the dispatch,receipt, and tabulation of the Ratification Ballot, andto determine the validity of challenged ballots, and ofany objections to the conduct of the election.
Membership acceptance or rejection of a proposedNational Agreement shall be by majority of valid bal-lots returned by the voters. When such majority votesto accept a proposed agreement, no other action shallbe required of the Union membership. Suitable andtimely notice of such results shall be made and certi-fied to the membership by the Ballot Committeethrough The Postal Record and/or the NALC Bulletin.
When a majority of valid ballots returned by thevoters rejects the proposed agreement, the BallotCommittee shall: (a) cause suitable and timely noticeof such results to be furnished and certified to themembership through the pages of The Postal Recordand/or the NALC Bulletin; and (b) furnish and certifythe same information to the National President.
When the majority of total votes cast is for rejec-tion, the NALC negotiators shall inform the USPSand reopen negotiations within five (5) days after thevote is tallied. If negotiations are not reopened, theNALC negotiators shall determine if there will bebinding arbitration, an immediate work stoppage, or
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a designated job action. If negotiations are reopened,they will not exceed a period of fifteen (15) calendardays, at which time a second ballot shall be mailed toeach member for ratification or rejection. If the mem-bership rejects this second ballot, then the NationalPresident will determine if there will be binding arbi-tration, an immediate work stoppage, or a designatedjob action.
Sec. 2. In the case of a nationally sanctioned workstoppage, the President shall issue no recall to workuntil a full and unconditional amnesty is granted toall participants in that work stoppage.
Sec. 3. Any National Collective BargainingAgreement entered into between the NALC andUSPS shall be ratified by the regular members whoshall be nonsupervisory employees in the PostalCareer Service.
ARTICLE 17
Litigation
Section 1. The National Association is authorized,upon affirmative vote of the Executive Council, topay all the expenses for investigating services,employment of counsel, and other necessary expen-ditures in any cause, matters, case, or cases where anofficer, representative, employee, agent, or onecharged with acting in behalf of the NationalAssociation is charged with any violation or viola-tions of any law or is sued in any civil actions withrespect to any matter arising out of his/her officialduties; except if such officer, representative, employ-ee, or agent is charged with a breach of his trust tothe National Association or any subordinate body ormember thereof, in which event he/she may beindemnified if the action is terminated favorably to
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him/her.Sec. 2. Neither the National Association nor any of
its officers shall be responsible or liable for thewrongful or unlawful acts of any Branch or StateAssociation, or officers, members, or agents thereof,except where the National Association or its officershave actually participated in or actually authorizedsuch acts, or have ratified such acts after actualknowledge thereof.
Sec. 3. No branch shall institute litigation in anycourt against the United States Postal Service or anysuccessor organization to enforce, set aside, ordeclare the proper interpretation of any provision of aNational Agreement between the Association and theUnited States Postal Service, except with the writtenapproval of the National President.
ARTICLE 18
Trusteeship
Section 1 (a). If the President has or receivesinformation which leads him/her to believe that anyof the officers of a Branch or other subordinate bodyare dishonest or incompetent, or that such organiza-tions are not being conducted in accordance with theConstitution and laws of the National Association orfor the benefit of its members, or are being conduct-ed in such a manner as to jeopardize the interest ofthe National Association or its subordinate bodies,or if the President believes that such action is neces-sary for the purpose of correcting corruption orfinancial malpractice, assuring the performance ofcollective bargaining agreements or other duties of abargaining representative, restoring democratic pro-cedures or otherwise carrying out legitimate objec-
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tives of such subordinate body, the President may,upon the filing of charges, appoint a Trustee to takecharge of and control the affairs of such Branch orother subordinate body with the powers set forth inSection 2 hereof; provided, however, that, before theappointment of such Trustee, the President shall seta time and place for hearing of the charges before ahearing officer appointed for the purpose of deter-mining whether such Trustee shall be appointed,unless, in the judgment of the President, an emer-gency situation exists within the Branch or othersubordinate body in which event the Trustee may beappointed prior to such hearing, but such hearingshall then commence within twenty (20) days and adecision shall be made by the President within sixty(60) days after the appointment of the Trustee as towhether the trusteeship should be continued. Ineither event, subsequent procedures shall be gov-erned by Section 3 hereof.
(b). The President shall have the power, when inhis/her judgment it is appropriate, to remove theTrustee he/she has appointed and to appoint a differ-ent Trustee in his/her stead. If the President exercisesthis power, he/she shall so notify in writing the newTrustee, the replaced Trustee, and the Branch or sub-ordinate body involved. The officers who conduct thehearing pursuant to Section 3 hereof shall not be eli-gible to be a Trustee of that Branch or subordinatebody.
Sec. 2 (a). The Trustee shall be authorized andempowered to take full charge of the affairs of theBranch or other subordinate body, to remove any orall officers and appoint temporary officers at anytime during his/her trusteeship, and to take such otheraction as in his/her judgment is necessary for the
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preservation of the Branch or other subordinate bodyand its interests. The terms of office of officers soremoved shall terminate as of the date of removal,unless they are otherwise absolved. The Trustee shallreport from time to time on the affairs and transac-tions of the Branch or other subordinate body to thePresident. His/her acts shall be subject to the supervi-sion of the President. The President may removeTrustees at any time and may appoint successorTrustees.
(b). The removed officers shall turn over all mon-eys, books, and properties of the Branch or other sub-ordinate body to the Trustee, who must receipt forthe same.
(c). Temporary officers and Trustees must be mem-bers in good standing of the National Association.They must give bonds for the faithful discharge oftheir duties, satisfactory to whoever appointed them,which shall not be less than the amount of moneythey are apt to handle.
Sec. 3 (a). In all cases, a copy of the charges,together with a notice setting the time and place ofhearing, including the name of the hearing officerwho shall not be a member of the Branch or subor-dinate body involved, or the Trustee, shall be servedon the Branch or other subordinate body at least ten(10) days, Sundays and holidays included, prior tothe hearings by serving either the President, theFinancial Secretary, or any two members of theExecutive Council of the Branch or other subordi-nate body, personally or by registered or certifiedmail.
(b). The hearing officer shall make his/her reportand recommendations to the President within ten(10) days after the hearing or date of receipt of the
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transcript, and the President shall make his/herdecision within ten (10) days of receipt of the reportand recommendations, and such decision shall beimmediately communicated to the Branch or othersubordinate body involved. Appeals from such deci-sion may be taken to the Executive Council withinthirty (30) days upon the record made before theHearing Officer; provided, however, that the deci-sion of the President shall be effective for all pur-poses during the pendency of such appeal. Appealfrom the Executive Council’s decision may be takento the Convention in accordance with Article 11,Sec. 4.
(c). The Trustee shall make a report to thePresident at least every three (3) months on the oper-ation of the trusteeship. Either upon his/her ownmotion or upon a petition filed by a member or mem-bers of the Branch or other subordinate body for therestoration of self-government the President may, inhis/her discretion, accord a hearing to be held on thepetition before the President or his/her representativeupon proper notice. A decision shall be renderedwithin sixty (60) days of such hearing. No such peti-tion shall be entertained, however, prior to six (6)months after the appointment of the Trustee.
(d). If the President determines, either upon his/herown motion or after hearing, that self-governmentshould be restored, the Trustee shall direct nomina-tion and election of officers at such time and place ashe/she determines, provisions of the Constitution ofthe Branch or other subordinate body’s rules and by-laws to the contrary notwithstanding.
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ARTICLE 19
Referendum and Amendments to theConstitution
Section 1. The Constitution and Laws of theNational Association cannot be altered or amended ata Convention or special meeting except by a majorityvote of all members present and voting; provided,that any proposition or amendment which has beenapproved, disapproved, adopted, or rejected by a ref-erendum vote of the membership cannot beapproved, disapproved, adopted, or rejected exceptby a referendum vote of the membership.
Sec. 2. Proposed amendments to the Constitutionof the NALC, the Constitution for the Government ofSubordinate and Federal Branches, and theConstitution for the Government of StateAssociations may be presented in writing in the man-ner herein set forth: (a) by any member of a Branchin good standing, signed by him/her, at a regularmeeting of the Branch; providing, the proposal isendorsed by two-thirds of the members present andvoting at the meeting; and (b) by any member of theNALC Executive Council, signed by him/her, at aregularly-called meeting of the Executive Council;provided, the proposal is endorsed by two-thirds of the members of the Executive Council present andvoting at the meeting. Proposals thus qualifying shall be forwarded to the National Secretary-Treasurer in duplicate, each on a separate sheet ofpaper, at least sixty (60) days prior to the Con-vention, signed by the Branch President and Sec-retary, and in the case of the Executive Council bythe Chairperson and Secretary thereof. These pro-posed amendments shall be printed in the official
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Journal of this Association at least 30 days prior tothe National Convention. All proposed amendmentsto the Constitution and Laws shall designate theArticle and Section to be amended, and shall bereferred to the Executive Council, and be reported bythem before being acted upon by the Convention.Said word acted to be interpreted as meaning alter-ing, amending, or changing in any manner whatsoev-er by a majority vote of the Convention.
Sec. 3. Any resolution or amendment which shallhave been passed at a meeting of the Association shall,upon the written request of not less than 10 percent ofthe Branches aggregating not less than 10 percent ofthe membership of the National Association of LetterCarriers as shown by the records in the office of theNational Secretary-Treasurer on January 1 of the cur-rent year, be referred to all the Branches of thisAssociation for their approval or rejection, a majorityof all votes cast being necessary to repeal said amend-ment or resolution.
Sec. 4. This National Association in conventionassembled may, by a majority vote, refer any resolu-tion or amendment to the Constitution to the variousBranches for a vote.
Sec. 5 (a). Propositions submitted for a referendumvote of the membership may be initiated by anyBranch in good standing or by the NALC ExecutiveCouncil; provided, that the proposal receives theendorsement of at least 10 percent of the Brancheshaving an aggregate membership of at least 15 per-cent of the members of the National Association ofLetter Carriers as shown by the records of theNational Secretary-Treasurer on January 1 of the cur-rent year, said Branches to be located in not less than15 states. The endorsement of any proposal shall be
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by vote of the Branches signed by the BranchPresident and Secretary at least six (6) months priorto a biennial meeting of the National Association.
(b). Such petition shall, after being filed and veri-fied, be printed in the current issue of The PostalRecord. No more than four pages in each of the nexttwo succeeding issues of The Postal Record shall beallowed for arguments pro and con on the proposedamendment or proposition. Such arguments are to bein the hands of the National Secretary-Treasurer notlater than the fifth day of the second month followingthe printing of the petition. The call for a vote on saidamendment or proposition shall be signed by theNational President and National Secretary-Treasurer,and the amendment or proposition so stated that a yesor no vote can be registered.
(c). Immediately after the arguments pro and conappear in both issues of The Postal Record, theNational Secretary-Treasurer shall furnish separateballots in sufficient numbers to each Branch secretaryfor distribution, and it shall then be the duty of thesecretary of each Branch to solicit the returns of theballots, which shall be secret, with the vote markedthereon. The result of said vote shall be sent to theNational Secretary-Treasurer within 60 days follow-ing the receipt of the blank ballots. All ballots shallbe the property of the Branch after being voted, andshall be filed by the secretary for a period of not lessthan one year. The result of the vote by city andBranch shall be printed in The Postal Record, and if amajority of the members voting favor said amend-ment or proposition, it shall become immediatelyoperative, unless otherwise specified: provided, thatnot less than 50 percent of the total membership ofthe National Association of Letter Carriers shall have
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voted on the proposed amendment or propositionsubmitted for a referendum.
(d). After a proposition or amendment has beenonce placed before the membership of the NALC fora vote, it shall not again be submitted for referendumaction within one year.
Sec. 6. All amendments to this Constitution shall,unless otherwise provided for, take effect immediately.
ARTICLE 20
Effects of Declaration of Invalidity
If any provision of this Constitution, or theConstitution for the Government of Subordinate andFederal Branches, or the Constitution for theGovernment of State Associations, shall be declaredinvalid or inoperative by any competent governmentauthority, the Executive Council shall have authority tosuspend the operation of such provision during theperiod of its invalidity and to substitute in its place aprovision which will meet the objections to the validityand which will accord to the fullest extent practicablewith the objectives of the original provision. Wheneverthe Executive Council exercises the powers grantedherein, notice of the Constitutional change made shallbe given in The Postal Record. If any provision of thisConstitution, the Constitution for the Government ofSubordinate and Federal Branches, or the Constitutionfor the Government of State Associations shall bedeclared inoperative or invalid by any competent gov-ernment authority, the remainder of that Constitution,or the application of such provision to persons or cir-cumstances other than those as to which it has beenheld invalid shall not be affected thereby.
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ARTICLE 21
Order of Business, National Convention
Section 1 (a). On the second day of the Convention(Tuesday), Constitutional Amendments shall be thefirst order of business. No other business shall bebrought before the Delegates until all proposedConstitutional changes have been voted upon by theDelegates who shall be in Executive Session.
(b). On the third day of the Convention (Wednes-day), or right after the proposed Constitutionalchanges have been voted on, the Retirees resolutionsand any other business pertaining to retirees or retire-ment shall be taken care of.
ARTICLE 22
Health Plan Members
Section 1. Notwithstanding the provision in Article2, there shall be a health plan type of membershipwhich shall include any active or retired employee ofthe United States government and of the District ofColumbia government (except a nonsupervisoryemployee of the United States Postal Service), andsupervisory employees in the Postal Career Service.In addition, health plan membership under thisArticle shall be available to the following categoriesof retirees from the Postal Career Service: (a) non-supervisory employees who were not regular mem-bers at the time of retirement; (b) non-supervisoryemployees who were regular members at the time ofretirement but subsequently did not maintain mem-bership under Article 2; and (c) employees who werein supervisory status at the time of retirement.
Sec. 2. A health plan member shall be a member
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only for the purpose of enrollment in the NALCHealth Benefit Plan and shall not have a voice or votein any of the affairs of the NALC or its Branches, norbe eligible to hold any office in, or attend meetingsof, the NALC or its Branches; nor be entitled to anyservices provided by the NALC or its Branches toother members, except services and benefits providedby the NALC Health Benefit Plan to its enrollees.
Sec. 3. Each health plan member who is a supervi-sory employee in the Postal Career Service must payfull national and state per capita taxes and, in addi-tion, the prevailing dues of the branch which hasjurisdiction over the zip code area where the memberactually works. Each health plan member who is nota supervisory employee of the Postal Career Serviceshall pay directly to the National Association percapita tax of $36 per annum or fraction thereof,payable on the date enrollment in the NALC HealthBenefit Plan is effective, and on each January 1thereafter during continuance of the enrollment.Health plan membership shall be terminated if percapita tax payment is not made within 60 days of thedue date.
Sec. 4 (a). For the advancement of the NALCHealth Benefit Plan, twelve dollars ($12.00) of theper annum per capita tax paid by a health plan mem-ber shall be paid by the National Association to theBranch which has jurisdiction over the zip code areawhere the member works, or, if retired, the zip codearea where the retired member lives.
(b). Two dollars of the per annum, per capita taxpaid by a health plan member shall be paid by theNational Association to the NALC Health Benefit Plan.
(c). Five dollars of the per annum, per capita taxpaid by a health plan member shall be paid by the
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National Association to the State Association in thestate in which the member works, or, if retired, theState Association in the state in which the retiredmember lives.
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CONSTITUTION
for the
Government of Subordinateand Federal Branches
PREAMBLE
For the purpose of effecting uniformity in theadministration of its privileges, honors, and benefits,the National Association of Letter Carriers, in con-vention, ordains the following Constitution for thegovernment of Branches under its jurisdiction.
ARTICLE 1
Name and Object
Section 1. This Branch shall be known as Branch No. of the National Associationof Letter Carriers of the United States of America.
Sec. 2. The objects of this Branch are to unite allemployees who are eligible for membership underArticle 2, Section 2, of the National Constitution intoone harmonious body for their mutual benefit, and toassist the National Association of Letter Carriers inits efforts to improve the condition of its entire mem-bership.
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ARTICLE 2
Membership
Section 1. Application for membership must bemade in writing, signed by the applicant, stating age,social security number, place of residence, and suchother information as may be determined by theBranch. A Form 1187 (Dues Check-off) must besigned by all applicants seeking a membership in theBranch and the NALC.
Sec. 2. Any regular branch member on tendering awritten resignation of membership and paying allfines, assessments, and dues shall receive from theSecretary a certificate thereto. Such certificate shallbe proof of good standing at the time of resignation.
Sec. 3 (a). Any regular branch member in goodstanding in his/her Branch, moving his/her employ-ment to another city, or retiree in good standing inhis/her Branch moving to another city, may transfermembership to the Branch located in such city.
(b). The membership of an active member shall betransferred in accordance with procedures establishedby the Secretary-Treasurer of the NationalAssociation.
(c). In the case of a retiree member seeking totransfer membership, he/she shall make applicationto the Recording Secretary of his/her Branch, whoshall ascertain from the Financial Secretary if alldues and assessments charged against him/her on thatdate are fully paid; if so, it shall be the duty of theRecording Secretary to announce at the next regularmeeting of the Branch that the application has beenreceived and all obligations discharged. There beingno objections, the Recording Secretary will at onceforward to the Recording Secretary of the Branch
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with which affiliation is desired, a letter of recom-mendation. The letter shall be read at the first regularmeeting of the receiving Branch held after its receiptand the transferred individual shall be considered amember at that time. The Recording Secretary of theBranch shall then notify the Recording Secretary ofthe original Branch that the transferee has beenreceived into membership.
ARTICLE 3
Meetings
Section 1. The regular meetings of the Branchshall be held not less than once a month, at such timeand place as may be designated in the Branch by-laws. Each Branch, with prior approval of its mem-bership, shall have the option of only meeting ten(10) times per year.
Sec. 2. Special meetings shall be called by thePresident upon the written request of members (number to be determined by the Branch)in good standing or by vote of the Branch and notifi-cation of such meetings, stating the object of the call,shall be given the members by the RecordingSecretary as directed by the Branch or as required bythe by-laws.
Sec. 3. No business shall be transacted at a specialmeeting other than that for which it may have beencalled.
Sec. 4. The Branch shall be called to order at thetime prescribed in the by-laws if a quorum be pre-sent.
Sec. 5. In the absence of the President and VicePresident, any member in good standing may beelected to preside by a majority of those present.
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However, Branches in their by-laws may designateone or more officer(s) to preside in the absence of thePresident and Vice President.
ARTICLE 4
Officers
Section 1. The officers of the Branch shall be aPresident, Vice President, Recording Secretary,Financial Secretary, Treasurer, Sergeant-at-Arms, aHealth Benefits Representative, and a Board ofTrustees composed of either three or five members.The Branch may provide for additional electiveoffices in its by-laws. Branches may provide in theirby-laws for the inclusion of Stewards on the execu-tive board.
Sec. 2. All officers shall be elected for a term ofone (1), two (2), or three (3) years, at the option ofthe Branch, or until their successors are duly electedand installed. With the exception of the office of the President, which is expressly provided for inArticle 6, Section 2, herein, Branches may makeprovision in their by-laws for succession to theoffices of all other officers in the event of death, res-ignation, disqualification, refusal or neglect of suchofficers to discharge the duties of their office. If nosuch provision is made, the Branch President mayappoint the successor until the next regular Branchelection.
Sec. 3. With the exception of the office ofPresident, Branches may consolidate the offices ofthe Branch. However, if there are less than ten (10)active members, the office of President may be com-bined with other offices.
Sec. 4. Branches at their option may require all
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candidates for office or delegate to be present at themeeting when nominated, or signify in writing theirwillingness to serve if elected.
Sec. 5. Branches having members in two or morestations may make provisions in their by-laws for sta-tion delegates, representatives, or shop stewards to be appointed or elected, within the respective sta-tions as the Branch may be determined, and whoseduties shall be to guard the interests of the Branch in their particular station under the direction of theBranch or its officers.
ARTICLE 5
Elections
Section 1. The provisions of this Article shall gov-ern the election for all Branch officers or other elect-ed Branch positions.
Sec. 2. All regular members shall be eligible tohold any office or position in the Branch, except thata member who voluntarily or otherwise, holds,accepts, or applies for a supervisory position in thePostal Career Service for any period of time, whetherone (1) day or fraction thereof, either detailed, acting,probationary or permanently, shall immediatelyvacate any office held, and shall be ineligible to runfor any office or other position for a period of two (2)years after termination of such supervisory status.Upon nomination, the candidate must verify that heor she has not served in a supervisory capacity forthe 24 months prior to the nomination.
Sec. 3. All regular members shall be entitled to onevote for each office or position to be filled. However,station delegates, representatives, or shop stewardsmay be elected only by the regular members within
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the station or area they represent. Branch stewardsand any other persons who are members of theBranch Executive Board or similar body must beelected by the entire branch, not just by the station orarea they represent.
Sec. 4. Election of officers shall take place at atime prescribed by the Branch by-laws. No less than 45 days before each election, the Secretary shall mail to every member notice of the election,stating the offices for which election shall be had and the time, place, manner for nomination andelection. For purposes of this provision, the re-quirement that notices be mailed may be satisfied bytimely publication of the notice in The Postal Record,or in State or Branch publications that are mailed tothe last known address of the member.
Sec. 5 (a). Every regular member shall have theright to nominate a candidate for any office or posi-tion to be filled.
(b). Each candidate shall be nominated at a regularor special meeting of the Branch not less than four(4) weeks before the date of the election, but not lessthan 10 days after the notice of nomination and elec-tion has been sent out. A Branch may, however, pro-vide in its by-laws that nominations may be made inwriting, with the nominations to be received by theSecretary not less than 30 days before the date of theelection.
(c). Elections shall be by secret ballot. Whenthere are two or more candidates for any office,the election shall be by ballot and the plurality of all votes cast for such office shall be necessary toelect. There shall be no write-in votes for candidatesnot officially on the ballot. Any such write-in shallnot be counted, but will not invalidate the rest of
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the ballot. Each eligible regular member shall beentitled to one vote for each position to be filled.When there is but one candidate for any office, thePresident may declare that such person has beenelected. Adequate safeguards to insure a fair elec-tion shall be provided, including the right of anycandidate to have an observer at the counting of the votes and at any polling place. The election maybe held at a regular meeting of the Branch, or a Branch may provide in its by-laws that ballotsmay also be cast at each station not more than seven (7) days, nor less than one (1) day before theregular meeting, or that the election may be by asecret mail ballot. Whenever such elections are con-ducted by mail ballot, the last date on which ballotsmust be received in order to be counted shall beconsidered to be the date of the election. TheRecording Secretary shall preserve for one year theballots and all other records pertaining to the elec-tion.
Sec. 6. Installation of Branch officers shall takeplace at the first or second meeting of the Branch fol-lowing their election and shall be by such ceremonyas the National Association may provide. AnyNational officer, a Past President of the NationalAssociation, a President or Past President of a StateAssociation shall act as Installing Officer providedthat in their absence any officer of a StateAssociation or the Past President of a Branch may actas such.
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ARTICLE 6
Duties of Officers
President
Section 1. The President shall preside at allmeetings of the Branch; preserve order; sign allwarrants on the Treasurer ordered drawn by theBranch, and all other papers ordered by the Branch;have general supervisory powers over the Branch;see that officers perform their duties, enforce theConstitution, By-Laws, Rules and Regulations ofthe Branch; appoint all committees not otherwiseprovided for; give the deciding vote when a tieoccurs; examine and announce the result of all bal-loting and other votes. He/she shall not make orsecond any motion or take part in any debate whilein the Chair; he/she shall ascertain from theFinancial Secretary before adjournment of the meet-ing the amount of money received since the previ-ous meeting, and from the Treasurer if he/she hasreceived the same. At the end of his/her term, he/she shall make a report showing the progress andcondition of the Branch.
He/she shall, together with the Treasurer, sign andfile with the Secretary of Labor on behalf of theBranch, an annual financial report if required by pub-lic law. The filing of such report will be requiredunless the Branch has received express notificationfrom the National Association that it is exempt fromsuch requirements.
He/she shall, by virtue of his/her office, be thechief steward for the Branch, and he/she may dele-gate such authority to other members. The Presidentshall at all times have the authority to relieve any
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steward, whether appointed or elected, of any repre-sentational duties or functions, and to assign suchduties or functions to another member appointed bythe President, whenever the President concludes thatsuch action is necessary to ensure that the Branchmeets its representational responsibilities or to ensureBranch compliance with NALC policy.
Vice President
Sec. 2. The Vice President shall preside in theabsence of the President, and in case of death, resig-nation, disqualification, refusal or neglect of thePresident to discharge the duties of his/her office, theVice President shall then perform all duties incum-bent upon the President for the remainder of the termof office. However, a Branch with an Executive VicePresident may provide in its by-laws that the Execu-tive Vice President shall succeed to the Presidency.
Recording Secretary
Sec. 3. The Recording Secretary shall keep a cor-rect record of the proceedings of the Branch in abook to be kept for that purpose. He/she shall drawall warrants on the Treasurer ordered by the Branch.He/she shall notify applicants for membership inwriting of their election or rejection, and members oftheir suspension, expulsion or acceptance of resigna-tion. He/she shall report to the National Secretary-Treasurer immediately the suspension, expulsion, orreinstatement of a member. He/she shall attend to allcorrespondence of the Branch, and properly markand file all papers ready for inspection at any time,and notify the members of special meetings whenordered by the President. He/she shall make semi-
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annually a report to the Branch showing the numberof members elected, rejected, initiated, suspended,reinstated, with-drawn, and the number of deaths,giving date of death; also, the receipts, benefits paid,amount expended, and amount on hand. Within oneweek after his/her term expires, or upon an earliertermination thereof, he/she shall deliver to his/hersuccessor all books and papers together with all otherproperty of the Branch in his/her possession.
Financial Secretary
Sec. 4. The Financial Secretary shall keep arecord book showing the names of members, whenadmitted and place of residence, collect dues and allother moneys due the Branch, keep a regularaccount thereof, and at each meeting (or prior there-to whenever the prompt payment of the National percapita tax or other necessity may require same) paythe same to the Treasurer, take his/her receipts andretain them as vouchers in settlement. He/she shallpersonally, or through duly authorized deputiesappointed when necessary for each station, and whoshall whenever practicable be the station delegate orrepresentative selected or appointed to represent thestation, solicit payment from all members in arrears,and on the day of an election and before a ballottaken, furnish the President with a list of membersnot entitled to vote. He/she shall semi-annually fur-nish the National Secretary-Treasurer with a list ofnames of all the members of the Branch in goodstanding and shall notify the National Secretary-Treasurer monthly of the election of new members,also those suspended, expelled, deceased or re-signed. He/she shall keep an account of all properties,investments, and funds of the Branch which at all
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times shall be open for inspection, and at the end ofhis/her term make a report, and deliver to his/hersuccessor in office, when qualified, all the books,papers and property in his/her possession belongingto the Branch. To insure the faithful performance oftheir duties, the Financial Secretary and his/herdeputies shall be bonded in such amount and insuch manner as the Branch may direct.
Treasurer
Sec. 5. The Treasurer shall receive, receipt for,and disburse all moneys of the Branch, and keep aregular account thereof. He/she shall pay all war-rants drawn on him/her by the Recording Secretaryvoted by the Branch and signed by the President,and have all accounts receipted upon payment of thesame. He/she shall, whenever requested by thePresident, and at the end of his/her term, make areport showing his/her receipts, disbursements andamount of money on hand; deliver his/her books,papers and money to his/her successor in office,when qualified; and to insure the faithful perfor-mance of his/her duties, he/she shall be required tofurnish a bond in such sum as the Branch maydirect.
Sergeant-at-Arms
Sec. 6. The Sergeant-at-Arms shall preserve orderin the meeting under the instruction of the President.It shall be his/her duty to see that none but membersare present at the meetings unless directed by thePresident or a vote of the Branch.
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MBA Representative
Sec. 7. The MBA Representative shall performsuch duties as the Constitution and Laws of the MBArequire. He/she shall, whenever requested by thePresident, and at the end of his/her term, deliver anyMBA moneys in his/her possession, books or otherpapers to his/her successor in office, when qualified;and to insure the faithful performance of his/herduties, he/she shall be required to furnish a bond insuch sum as the Branch may direct.
Health Benefits Representative
Sec. 8. The Health Benefits Representative shallperform such duties as the Constitution and Laws ofthe National Association of Letter Carriers HealthBenefit Plan require. He/she shall, whenever request-ed by the President, and at the end of his/her term,make a report showing his/her receipts, disburse-ments and amount of money on hand; deliver his/herbooks, papers and money to his/her succes-sor inoffice, when installed; and to insure the faithful per-formance of his/her duties, he/she shall be required tofurnish a bond in such sum as the Branch may direct.
Trustees
Sec. 9. The Trustees shall examine and report tothe Branch the condition of the books of the officersat least once every six months, compare the vouchersand records and see that they correspond with thecollections and disbursements. They shall have cus-tody of all Branch property, and shall perform suchother duties as the Branch by-laws may require ofthem. The Board of Trustees shall be known as the
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Trustees of Branch No. of theNational Association of Letter Carriers of the UnitedStates of America.
Additional Duties
Sec. 10. In addition to the duties assigned to eachofficer, he/she shall perform such other duties as theBranch may from time to time direct.
Bonding
Sec. 11. Every officer, agent, shop steward, orother representative or employee of the Branch whohandles funds or other property of the Branch shallbe bonded to the extent required by applicable law.
ARTICLE 7
Fees, Dues, Fines and Assessments
Section 1. Initiation fees and dues shall be fixed inthe by-laws and payable in advance, provided thatregular members with 50 years membership shall beexempt from the payment of dues, fines and assess-ments.
Sec. 2. The rates of dues and initiation fees may beincreased only by majority vote by secret ballot of the regular members in good standing at a specialor regular meeting after reasonable notice has beengiven that this question will be before the meeting,except that a Branch may provide in its by-laws thatsuch majority vote may be had by secret ballot refer-endum. The same rules of procedure shall apply tothe levy of a special or general assessment and to theimposition of fines upon members found guilty ofcharges preferred against them, except that such
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assessments or fines must be approved by a two-thirds vote. Branch by-law provisions requiring avote greater than a majority of the regular membersin good standing at a special or regular meeting toamend the Branch by-laws do not apply to proposalsto increase the rates of dues or initiation fees.
Sec. 3 (a). Any member leaving the Postal CareerService for any reason other than retirement orOWCP, or any member temporarily or permanentlypromoted to a supervisory position within the U.S.Postal Service, may retain membership only inaccordance with Art. 2, Sec. 1—NALC Constitu-tion.
(b). Branches may exempt or remit the dues of anymember under reasonable rules uniformly applied fora stated period of time. Branches may provide for thepayment of dues in advance for any period in excessof one month.
Sec. 4. Any member failing to pay any fine, assess-ment or monthly dues within thirty (30) days afterthe same shall become due, shall forfeit his/ hermembership. He/she shall vacate any office held inthe Branch or Association, effective on the date ofsuch forfeiture. He/she shall not be entitled to vote inthe Branch, and he/she shall not be eligible for nomi-nation or election to any office; provided, that theBranch for good and sufficient reasons, under reason-able rules uniformly applied, may extend the thirty(30) day grace period for not more than an additionalsixty (60) days.
Sec. 5. A former member whose membership hasbeen forfeited may be reinstated by the payment ofback fines, assessments and dues, as well as suchreinstatement fee as the Branch may prescribe byreasonable rules, uniformly applied.
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ARTICLE 8
Sick Relief and Funeral Benefits
Branches may, at their option, make provision intheir by-laws for the payment of sick relief or funeralbenefits, enact by-laws for the government of sameand levy additional dues for such purposes, but noBranch shall make it mandatory upon members orapplicants for membership to pay such additionaldues or take up such benefits in order to retain mem-bership or become members of said Branch.
ARTICLE 9
Committees
Section 1. The president of the Branch shallappoint a committee of (the number to befixed by the Branch) on organization. Such commit-tee shall work in conjunction with and subordinate tothe National Executive Council to secure such bene-fits as the National Association may desire.
Sec. 2. There shall be a committee (appointed bythe President) consisting of three members to whomall bills and claims against the Branch shall bereferred before being acted upon by the Branch.
ARTICLE 10
Charges
Section 1. Any member of the Branch who shallviolate the Constitution or By-Laws of the Associa-tion or Branch may have charges preferred againsthim/her, and if such charges are proved shall befined, reprimanded, suspended or expelled as thelaws may direct or the Branch determine. Any officer
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of the Branch who shall fail or neglect to dischargethe duties of his/her office, or who may be guilty ofgross misconduct, may be removed from office.These determinations shall be made by the memberspresent and voting at the next regular Branch meetingafter which said charges were read to the Branch.The vote regarding any of the above matters may becontinued once, by motion, to the following regularBranch meeting.
Sec. 2. Charges must be made in writing, specify-ing the offense, failure, neglect, or misconduct so asto fully apprise the member or officer of the naturethereof, and shall be signed by a member of theBranch; and a copy of said charges, under seal or let-terhead of the Branch, shall be served upon him/her.Said charges shall be read by the Recording Secre-tary at the first regular Branch meeting after serviceon the member or officer.
Sec. 3. The President, or if the President be theperson against whom charges are made, the VicePresident, shall then appoint a committee of threedisinterested members, who shall forthwith sum-mon the parties, hear and take down or cause to betaken down or recorded, the testimony and/or docu-mentary evidence presented. It shall be the duty ofthe committee to find the true facts and report to theBranch. The parties are entitled to be heard by thecommittee, to present evidence, and to cross-examineall witnesses who make statements to the committee,but rules of evidence and rules of judicial procedureneed not be observed. The committee, after complet-ing its fact-finding duty, will present to the Branch awritten report of the facts elicited, and immediatelythereafter disband and be eligible to vote. TheBranch shall then decide, by simple majority vote,
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the issue of whether or not the facts, as found by thecommittee, sustain the charge. The charged party isentitled to defend himself/herself before the Branchimmediately before the vote is taken. If the Branchdecides that the facts sustain the charge, then theBranch shall entertain a motion to fix the penalty, ifany be required.
Sec. 4. Questions of expulsion or removal fromoffice shall be decided by ballot, and require a two-thirds vote. If less than two-thirds of the ballots arefor expulsion or removal from office, the Branchshall proceed to determine whether the punishmentshall be suspension, fine or reprimand. A fine and theamount thereof must be approved by a two-thirdssecret ballot vote. If suspension be determined upon,the Branch shall fix the term of suspension. If repri-mand be determined upon, the President or the VicePresident, if the President be the person againstwhom the charges were made, shall reprimand theaccused in open meeting.
Sec. 5. During the suspension for an offense, amember is not exempt from dues, and he/she shall be subject to all the penalties of Article 7, Section 4,for the non-payment of the same.
Sec. 6. Any member or officer suspended for anyoffense shall be reinstated on the removal of thecause and the payment of all demands against him/her, or at the expiration of the term for which he/ shewas suspended, without action of the Branch, and thePresident or Vice President, as the case may be, shalldeclare in open meeting his/her reinstatement. Thisprovision does not apply where the member is sus-pended pursuant to charges brought by the NationalAssociation or by any officer or representative by
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authority of the President or Executive Council of theNational Association.
Sec. 7. An expelled member can be reinstated onlyafter the manner of a new applicant.
ARTICLE 11
Appeals
Section 1. An appeal may be taken to the Presidentfrom the decision of any other officers of the Branchand to the Branch from any decisions of the Pre-sident, which appeal must be taken at the meeting atwhich the subject appealed from is under considera-tion, and before any other business is taken up foraction; and any member considering that an injusticehas been done him/her by a decision of the Branch,may appeal in writing to the Committee on Appealsof the National Association.
Sec. 2. When an appeal from the action of theBranch is taken, the following rules must beobserved:
First: The appeal must be in writing and filed with the Recording Secretary of the Branch, togetherwith any written testimony, arguments and briefs,within twenty days from the date of the Branch meet-ing at which the decision to be appealed from wasmade. An appellant’s request for documents andrecords to support his/her appeal shall not be unrea-sonably denied by the Branch.
Second: The Recording Secretary shall submit,and read to the Branch at its next regular meeting fol-lowing the receipt of the appeal, the notice of inten-tion to appeal, the appeal and all written testimony,arguments, briefs, and evidence submitted by theappellant.
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Third: The Branch shall then be allowed twentydays to prepare its reply which shall be in writingwith the seal of the Branch attached thereto.
A copy of this reply shall be immediately trans-mitted by the Recording Secretary to the appellant.The Recording Secretary shall also immediatelytransmit the appeal, together with all testimony,arguments, briefs, and evidence submitted by theappellant and the reply of the Branch thereto viaregistered mail, to the Chairperson of the Commit-tee on Appeals of the National Association. Eitherparty to an appeal from a decision of the Branch tothe Committee on Appeals of the NationalAssociation may, if dissatisfied with the decision,appeal to the National Convention of the NationalAssociation of Letter Carriers, in accordance with the procedure set out in Article 11, Section 4 of theNational Constitution.
ARTICLE 12
Funds
Section 1. All funds of the Branch shall be deposit-ed in such bank or savings institution as the Branchmay determine; provided, that the Treasurer mayretain a sum not to exceed $ (the amountto be fixed by the Branch) in his/her hands for cur-rent expenses.
Sec. 2. No money shall be paid out by theTreasurer except on a warrant ordered by the Branchand signed by the President and Secretary; provided,that it shall be the duty of the President and Secretaryto issue a warrant in favor of the National Secretary-Treasurer in payment of the semi-annual per capitatax promptly after the 1st of July and the 1st of
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January, respectively.Sec. 3. All funds shall be devoted to such uses as
the Branch may determine; provided, that no appro-priation shall be made except when ordered by amajority vote of the members present and voting at aregular meeting; provided further, that Branches maymake provision in their by-laws allowing officers tospend a certain sum of money between Branch meet-ings in cases of emergency.
ARTICLE 13
Indemnification
The Branch is authorized, upon affirmative vote of the membership, to pay all the expenses forinvestigating services, employment of counsel, andother necessary expenditures in any cause, matter,case or cases where an officer, representative, em-ployee, agent or one charged with acting in behalf of the Branch and/or its affiliates is chargedwith any violation or violations of any law, or is sued in any civil actions with respect to any matterarising out of his/her official duties except if suchofficer, representative, employee or agent is chargedwith a breach of his/her trust to the Branch or anysubordinate body or member thereof. This provisiondoes not apply to suits brought against the Branch or any of its officers, representatives, and agents bythe National Association.
ARTICLE 14
Amendments
This Constitution shall not be altered or amendedexcept in the manner provided for the alteration or
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amendment of the Constitution of the NationalAssociation of Letter Carriers.
ARTICLE 15
Order of Business
1. Roll Call.2. Reading of Minutes of Previous Meeting.3. Reading of Communications, Notices, Bills,
etc.4. Application for Membership.5. Balloting for Candidates.6. Initiation of Elected Candidates.7. Reports of Standing and Special Committees.8. MBA.9. Health Benefit Plan.10. Unfinished Business.11. New Business.12. Good of the Association.13. For the Improvement of the Service.14. Financial Secretary’s Report of Receipts.15. Treasurer’s Report of Expenditures.16. Adjournment.
A subordinate Branch may, at its discretion, by amajority vote, change its regular order of business sothat unfinished business and new business shall pre-cede the reports of Standing and Special Committees.
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CONSTITUTION
for the
Government of StateAssociations
PREAMBLE
In order to effect uniformity in the administrationof the rights, benefits, and privileges of StateAssociations, and to enable them to be of greaterassistance to the National Association through har-mony and unity of purpose, the National Associationof Letter Carriers in convention assembled herebyordains the following Constitution for theGovernment of State Associations under its jurisdic-tion.
ARTICLE 1
Name and Object
Section 1. This Association shall be known asthe State Association of Letter Car-riers.
Sec. 2. The objects of this Association are toassist the National Association of Letter Carriers in maintaining a more perfect organization andimproving the Postal Career Service; to organize allletter carriers within the State; and to guide anddirect all activities relating to legislation within the
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State. This Association shall have the authority tocoordinate with the National Business Agent regard-ing seminars and training schools on State, District,and Branch levels, which shall be financed by theNALC and directed by the National Business Agent.
Effective September 1, 2006, State Associationfinancial resources previously expended on semi-nars and training shall be expended in pursuance ofand consistent with the object stated above: “toguide and direct all activities relating to legislationwithin the state.”
ARTICLE 2
Membership
Section 1. Membership of this Association shall becomposed of all members in good standing in theNational Association of Letter Carriers within thegeographical boundaries of their respective State.
Sec. 2. State Associations, at their option, mayestablish District Associations within their State.Such District Associations shall be subject to the by-laws of the State Association.
ARTICLE 3
Meetings
Section 1. This Association shall meet at least onceevery three years, at such time and place as may bedesignated in the by-laws or decided upon by amajority vote at a previous session unless conditionsshould arise which require a change in the date andplace decided upon or designated, when the Presidentand Executive Board shall have authority to makesuch change of time or place and report same through
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the Secretary.Sec. 2. Special meetings shall be called by the
President upon the written request of not less thanone-half of the Branches representing not less thanone-fourth of the membership of this Association.The Secretary shall notify by letter each Branch enti-tled to representation in this Association, stating theobject of the call. This meeting shall transact no busi-ness other than that stated in the call.
Sec. 3. delegates representing at leastBranches shall constitute a quorum for the
transaction of business, but less than that numbermay adjourn to meet at some future specified time.
ARTICLE 4
Revenue
Section 1. Each member shall pay to thisAssociation a per capita tax of , payableannually in advance on December 31 or semiannual-ly in advance on December 31 and June 30, as theState Association may determine; provided, thatmembers whose dues are checked-off pursuant to acollective bargaining agreement need not advancetheir per capita tax, but shall pay them by the methoddetermined in the check-off agreement.
Those who have had 50 years membership in theNational Association shall be exempt from such pay-ments. State Associations, furthermore, may providein their by-laws to waive, or provide for, lower percapita tax payments for retirees.
Sec. 2. Any member failing to pay per capita taxwithin thirty days after the same shall have becomedue, shall forfeit his/her membership; provided, thatthe State Association for good and sufficient reasons,
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under reasonable rules uniformly applied, mayextend the thirty (30) days grace period for not morethan an additional sixty (60) days.
ARTICLE 5
Representation and Vote
Section 1. Those who shall be entitled to a voiceand one vote only in the meetings of this Associationshall be its officers, delegates, and Delegates-at-Large.
Sec. 2. The basis of representation and basis andmethod of vote, including voting for officers andDelegates-at-Large and alternate Delegates-at-Large,shall be such as may be determined by this Associa-tion in Convention assembled.
Sec. 3. Election of delegates to the State Associa-tion Convention shall be conducted in accordancewith Article 5 of the National Constitution.
Sec. 4. The number of members who pay per capi-ta tax to this Association for the term beginningJanuary 1 prior to the Convention shall determine thenumber of votes to which a Branch is entitled.
Sec. 5. At the regular election of delegates, theBranch shall also elect the same number of alternatesas there are delegates elected, who shall be recog-nized as the alternates in the event of the inability ofany delegate to attend a Convention or a specialmeeting of this Association; provided, that the alter-nate who received the highest number of votes shallbe assigned to act instead of any one delegate who isunable to attend such meetings and when more thanone delegate is unable to attend such meetings, alter-nates shall be assigned in accordance with the num-ber of votes cast for each one in the election, and
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shall be certified in such numerical order to act intheir stead. Any vacancy in the office of delegate oralternate may be filled by the Branch. An alternatedelegate before being admitted to the meetings of thisAssociation shall present, together with his/her cer-tificate of election, written evidence from theSecretary of his/her Branch or from the delegate forwhom he/she was elected alternate, that the delegateis unable to attend the meeting.
Sec. 6. A delegate cannot be admitted to the meet-ings of this Association who is in arrears either tothis Association or to the National Association ofLetter Carriers.
ARTICLE 6
Officers
Section 1. The elective officers of this Associationshall be a President, Vice President, Secretary,Treasurer, Director of Education, and ExecutiveBoard of five or more; provided, however, that anyState Association may combine the offices ofSecretary and Treasurer, in which case the duties ofthe Secretary-Treasurer shall be as outlined in Sec-tions 3 and 4 of Article 8. Additionally, the Associa-tion may provide in its by-laws to combine the officeof Director of Education with any other electiveoffice. The Association may provide for additionalelective offices in its by-laws.
Sec. 2. Any regular Branch member in good stand-ing shall be eligible for any office of this Association;provided, however, that the Association may providein its by-laws for the election of Executive BoardMembers by District, with each District electing itsown Executive Board member.
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Sec. 3. This Association shall also elect at a regu-lar Convention, two Delegates-at-Large and twoalternate Delegates-at-Large, to the National Conven-tion whose term of office shall be one, two, or threeyears as the Association shall determine; provided,however, that any State Association may provide that,by virtue of their office, the President and VicePresident in office at the time of the National Con-vention shall be the Delegates-at-Large or alternateDelegates-at-Large, to the National Convention.
ARTICLE 7
Nominations and Elections
Nominations and elections shall take place annual-ly, or biennially, or triennially during the meeting ofthis Association, as provided in the State Associationby-laws, at such time as the delegates present may byvote decide. The installation of officers shall takeplace just prior to adjournment.
ARTICLE 8
Duties of OfficersPresident
Section 1. The President shall preside at all meet-ings of this Association and enforce all laws there-of. He/she shall fill all vacancies occasioned by death or otherwise, with persons duly qualified untilan election shall be held. He/she shall sign all war-rants on the Treasurer, as provided for in thisConstitution. He/she shall sign all documents andpapers that require his/her signature to properlyauthenticate them. He/she shall appoint at each reg-ular meeting a committee of three on credentials,
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which committee shall at once proceed to dischargeits duties; a committee of three on audit to examineat once the books of the Secretary and the Treasurer;a committee of three on mileage and per diem, and aSergeant-at-Arms. At the close of each meeting,he/she shall appoint such other committees as direct-ed by the convention, and shall have power to fill allvacancies occurring in any appointive committee orelective office during recess. His/her correspondencewith Branches, when practicable, shall be conductedthrough the Secretary. He/she shall submit at the reg-ular meeting of this Association a written report of allhis/her official acts during his/her term of office, andhe/she shall perform such other duties as the laws,rules, and usages of this Association may require.
He/she shall, together with the Treasurer, sign andfile with the Secretary of Labor on behalf of the StateAssociation, the annual financial report required bypublic law.
Vice President
Sec. 2. The Vice President shall preside in theabsence of the President, and in case of death, resig-nation, disqualification, refusal or neglect of thePresident to discharge the duties of his/her office, theVice President shall then perform all the dutiesincumbent upon the President until an election can beheld. However, an Association with an ExecutiveVice President may provide in its by-laws that theExecutive Vice President shall succeed to thePresidency.
Secretary
Sec. 3. The Secretary shall keep a correct record
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of the proceedings of this Association. He/she shallread or cause to be read all communications,reports, etc., and attest all orders drawn on theTreasurer. He/she shall draw all warrants on theTreasurer, ordered by the Association and signed bythe President for money in payment of bills thathave been approved by the Executive Board. He/she shall conduct the correspondence of thisAssociation. He/she shall keep a correct record ofthe name, number, date of affiliation, and locationof each Branch of this Association. He/she shallreceive all moneys due this Association, and at theend of each month turn same over to the Treasurer.He/she shall make annual reports to the ExecutiveBoard and to every Branch of this Association, giv-ing the receipts and disbursements of this Associa-tion in detail as shown by the books in his/heroffice. He/she shall perform such other duties as thelaws, rules, and usages of this Association mayrequire, and shall deliver to his/her successor inoffice or to this Association all property of thisAssociation in his/her possession at the expirationof his/her term of office, or upon an earlier termina-tion thereof. He/she shall give a good and sufficientbond for the faithful performance of his/ her dutiesin the sum of $ which bond must beapproved by and deposited with the ExecutiveBoard of this Association. The premium on saidbond shall be paid by this Association. For his/herservices, he/she shall receive a salary of $ per annum.
Treasurer
Sec. 4. The Treasurer shall receive from theSecretary all moneys which may be paid to this
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Association, giving his/her receipt therefor. He/sheshall deposit all moneys received by him/her indepositories designated by the Executive Board andapproved by the President. Such deposits shall be inthe name of State Association of LetterCarriers and interest thereon shall be credited to the General Fund of this Association. Transfer offunds from one depository to another and payment ofsuch drafts and orders as may be drawn on him/ her shall be made in such manner as prescribed bythe Executive Board. He/she shall keep a true andcorrect account of all moneys received and paid out belonging to this Association, and shall at the end of his/her term, or when called upon by theExecutive Board, account for and deliver to thisAssociation or his/her successor in office all moneys,books, papers, securities, and other property of saidAssociation that may have come into his/her handsthat have not been previously and lawfully disposedof. For the faithful performance of his/her duties,he/she shall give a good and sufficient bond in thesum of $ , which bond must be approvedby and deposited with the Executive Board. Thisbond may be increased by the Association or by thePresident during a recess when in his/her judgmentthis sum is not sufficient to cover the amount whichmay accumulate in the Treasury during his/her termof office. The premium on said bond shall be paid bythis Association, and he/she shall receive for his/herservices the sum of $ per annum.
Executive Board
Sec. 5. The Executive Board shall have charge ofthe property of this Association. They shall approveand hold the bonds of the Secretary and Treasurer.
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They shall direct the investment of the funds for thisAssociation. They shall designate depositories inwhich the Treasurer shall deposit all funds of thisAssociation received by him/her. They shall examineall bills, approve the same if found correct, and keepa correct account of all bills audited. In conjunctionwith the President, they shall have general supervi-sion and control of the Association during recess.They shall act as Trustees of this Association and inevery way carry out the interests of this Association.
Sec. 6. All formal action of the Executive Board orstanding committees during recess shall be recordedby the Secretary, signed by a majority of the mem-bers of the Board or of such committees, and bereported to the membership in the next issue of anyexisting State publication following such formalaction by the Executive Board or StandingCommittees.
Director of Education
Sec. 7. The Director of Education shall haveauthority, under the supervision and direction of theNational Business Agent, to arrange for seminars andtraining schools on State, District, and Branch levels.
Director of Retirees
Sec. 8 (a). State Association of Letter Carriersshall establish by election a retired member asDirector of Retirees to represent retired members ingood standing of the State Association.
(b). Duties. The State Director of Retirees dutiesshall be to coordinate all activities of the retired mem-bers of the State Association and he/she shall be thelegislative advocate and the congressional liaison for
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the retired members of the State Association of LetterCarriers. He/she shall be state organizer for retired let-ter carriers of the State Association. He/she shall beunder the direct supervision of the State President andshall perform such other duties as may be assigned tohim/her from time to time by the State President.
(c). The State Director of Retirees shall exchangeinformation with the National Director of RetiredMember Letter Carriers and when directed by theState President shall receive per diem and shall bereimbursed expenses incurred in accordance withState Association by-laws.
Bonding
Sec. 9. Every officer, agent, or other representativeor employee of the Association who handles funds orother property of the Association shall be bonded tothe extent required by applicable law.
ARTICLE 9
Committees and Other PositionsCommittee on Credentials
Section 1. The Committee on Credentials shallexamine the credentials of all delegates to the meet-ings of this Association and shall report at once to theAssociation in convention assembled.
Sergeant-at-Arms
Sec. 2. The Sergeant-at-Arms shall preserve orderat all regular and special meetings, and perform suchother duties as the President may direct.
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Delegate-at-Large
Sec. 3. The duties of the Delegates-at-Large shallbe to represent this Association and promote its wel-fare at meetings of the National Association and toreport back to this Association at its annual, biennial,or triennial meeting.
Committee on Audit
Sec. 4. The Committee on Audit shall examine thebooks and accounts of the Secretary and theTreasurer and report to the Association in conventionassembled immediately after the report of officers.
Committee on Mileage and Per Diem
Sec. 5. The Committee on Mileage and Per Diemshall make up duplicate payrolls whereon shall berecorded the name, residence, and amount due eachmember entitled thereto for mileage and per diem.This report shall be presented to the meeting prior tothe installation of officers.
Committee on Supplies
Sec. 6. The Executive Board shall constitute aCommittee on Supplies, and shall contract for allnecessary supplies in accordance with such regula-tions as may be adopted by this Association.
ARTICLE 10
Mileage and Per Diem
This Association shall pay such mileage and perdiem to the President, Vice President, Secretary,Treasurer, Members of the Executive Board,
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Delegate-at-Large to the National Convention, andsuch other officers and committees as may be decid-ed upon in convention assembled.
ARTICLE 11
Prohibition
This Association shall take no action on behalf ofletter carriers independent of the NationalAssociation of Letter Carriers, but shall at all timesact in harmony and in conjunction with the officersof the National Association of Letter Carriers.
ARTICLE 12
Referendum
Any action of this Association in conventionassembled which shall have been protested in writ-ing, signed by Branches in good standing in thisAssociation, and filed with the Secretary of thisAssociation shall, within thirty days, be submitted byhim/her to all Branches in good standing in thisAssociation for referendum vote. Two-thirds of thevotes cast shall be necessary to rescind such protest-ed action.
ARTICLE 13
Appeals
Section 1. An appeal may be taken to the Presidentfrom the decision of any other officer of the StateAssociation and to the State Association inConvention assembled from any decisions of thePresident, which appeal must be taken at theConvention at which the subject appealed from is
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under consideration and before any other business istaken up for action; and any member or Branch con-sidering that an injustice has been done him/her or itby a decision of the State Association may appeal inwriting to the Committee on Appeals of the NationalAssociation.
Sec. 2. When an appeal from the action of theState Association is taken, the following rules mustbe observed:
First: The appeal must be in writing and filed withthe Secretary of the State Association with any sup-porting written testimony, arguments, and briefswithin twenty (20) days from the date the StateAssociation decision appealed from was made.
Second: The State Association shall then beallowed twenty (20) days to prepare its reply, whichreply shall be in writing and attested to as true andaccurate by the Secretary of the State Association.
A copy of this reply, which shall include all sup-porting testimony, arguments, and briefs the StateAssociation shall submit, shall be immediatelytransmitted by the Secretary to the appellant. The Secretary shall also immediately transmit theappeal together with all testimony, argument, andbriefs submitted by the appellant and the reply ofthe State Association thereto, via registered mail, tothe Chairperson of the Committee on Appeals of theNational Association. Either party to an appeal from a decision of the State Association to theCommittee on Appeals of the National Associationmay, if dissatisfied with the decision, appeal to theNational Convention of the National Association ofLetter Carriers in accordance with the procedure setout in Article 11, Section 4, of the NationalConstitution.
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ARTICLE 14
Amendments
This Constitution shall not be altered or amendedexcept through the National Association of LetterCarriers in convention assembled, and in the samemanner as provided for the alteration or amendmentof the Constitution of the National Association ofLetter Carriers.
ARTICLE 15
Order of Business
1. Calling Roll of Officers.2. Calling Roll of Representatives or Delegates.3. Reading Minutes of Previous Meeting.4. Report of Committee on Credentials.5. Report of Officers.6. Report of Executive Board.7. Report of Committee on Audit.8. Reports of Special Committees.9. Unfinished Business.
10. New Business, Presentation of Resolutions,Petitions, etc., by Branches in their numericalorder.
11. Report of Committee on Mileage and PerDiem.
12. Nomination and Election of Officers.13. Installation of Officers.14. Adjournment.
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Form ofCeremonial for Initiation of
Candidatesinto Branches of the National
Association of Letters Carriers
PRESIDENT: (To the Sergeant-at-Arms) Are there anycandidates waiting to be initiated?
(If there are any, proceed.)PRESIDENT: (To Financial Secretary) Have these can-
didates paid the necessary fees and/or signed the necessaryauthorization for dues check-off?
FINANCIAL SECRETARY: Mr. President, the candi-dates have paid the necessary fees, and have signed the nec-essary papers.
(The President will then direct the Sergeant-at-Arms tobring the candidates in and introduce them.)
VICE PRESIDENT: Friends, we extend to you a mostcordial welcome to this Branch of the National Associationof Letter Carriers. Do you, in the presence of these witness-es, pledge loyalty to the laws of the National Association ofLetter Carriers now in force, and those that may be adoptedin the future, assist in promoting the welfare and progressof the Association and endeavor to practice and maintainthe principles upon which it was formed, wrong no memberor see no one wronged if you can prevent it, and that youpromise all this as one who loves your country, abides byyour voluntary agreements and cherishes the good will ofothers? We are glad to have you join with us in the goodwork of this union, and hereby offer you the privilege ofmembership.
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FUNERAL CEREMONIAL(for optional use)
PRESIDENT or DELEGATE: Death has invaded ourranks and taken from us a brother/sister; a voice in ourcouncil has been silenced; at any moment may come thecall that surely must be answered; death takes some dearone, and in his/her place leaves sorrow, loneliness, andpain.
Once, but surely once, will come to every one of us thecall that takes a soul from earth into the great beyond. Wecannot know why one rather than another has been cho-sen; One, greater and far wiser than ourselves, has fullcontrol of that great question. It is our duty, with the bestgrace that we can command, to bow submissively beforethe will of God.
A sad occasion like this, which calls us now to sur-round a deceased brother/sister letter carrier, is to us full ofinstruction if we would but heed the lesson taught us insuch a solemn manner today. We are reminded that we, too,are mortal; we are here today and in eternity tomorrow.
The rich and poor alike come to the final resting place.Pride and humility, wealth and poverty, under the greens-ward find a common level.
Our brother/sister is not now of earth. He/she has madehis/her last trip, hung up his/her sack, and turned in his/hertime-sheet to the Eternal Time-keeper; but we sincerelyhope that his/her liberated soul may ever drink puredraughts from the never-failing streams of eternal life.
May this ceremony serve to bring us into that sympathyand harmony of spirit that is ever found in the union ofmemories, of sorrow and aspirations.
And now, while we mourn the departure of a belovedbrother/sister, and sympathize with those whose loss isgreater than ours, let us cherish his/her memory and profit
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by the proof of the Divine Will and Almighty Power. (Letus pray.)
Our Father and our God, who art the Resurrection andthe Life, in Whom whosoever believeth shall live thoughhe/she die, and whosoever liveth and believeth in Thee shallnever die; hear, we beseech Thee, the voice of Thy crea-tures here assembled, and turn not away from our supplica-tions.
In Thy hands alone are the issues of life and death; andwe humbly beseech Thee to look upon us in tender compas-sion while we console with those who weep.
Remember these bereaved ones in Thy mercy; give thempatience to bear their affliction and be Thou their strengthand shield at all times. Buoy them up under this heavystroke and sustain them against despondency. O! wilt Thoube their Father and their God, and pour down from on highThy blessings upon their heads.
Bless thy brethren here assembled; impress them withtheir duty to each other as brethren; and their obligations inthe various relations of human life, and unto Thee shall werender praise forever. AMEN.
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Form ofInstallation Ceremony
for Use of Branches,State Associations, and the
National Association
Adopted at the Nineteenth Convention, San Francisco,Calif., August 30 to September 5, 1913, and amended atsubsequent conventions.
The installing officer shall be any National Officer, aPast President of the National Association, a President orPast President of a State Association; provided, that in theirabsence any officer of a State Association or the PastPresident of a Branch may act as such. They may chooseany member to assist them.
The Recording Secretary will furnish the assistantinstalling officer with a list of the officers-elect before he/she vacates his/her chair. In installing the officers of theNational Association or any State Association, the wordsNational Association or State Association shall be usedinstead of the word Branch. When this order of business isreached, the President will say:
PRESIDENT: The Sergeant-at-Arms will ascertain if theInstalling Officers are present.
SERGEANT-AT-ARMS: Mr./Madam President, theInstalling Officers are present, and waiting to install theofficers of Branch No. .
PRESIDENT: The Sergeant-at-Arms will introducethem.
(They advance to the center and salute the President.)INSTALLING OFFICER: Mr./Madam President, in
accordance with the laws of the National Association ofLetter Carriers, I appear with you at this time for the pur-pose of installing the officers of BranchNo. . Is the Branch in good standing with the
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National Association of Letter Carriers? Has your per capi-ta tax been paid, and have your officers been duly and regu-larly elected?
PRESIDENT: The Branch is in good standing, the percapita tax has been paid, and the officers duly and regularlyelected. Will you please take the chair?
INSTALLING OFFICER: * Officers of Branch No. , the term of office for which youwere elected having expired, you will vacate your stationsin order that your successors may be installed. (TheAssistant Installing Officer shall call the names of the offi-cers-elect.)
INSTALLING OFFICER: Officers-elect, please rise. Doyou, each and every one of you, accept the office to whichyou have been elected?
OFFICERS: I do.INSTALLING OFFICER: Brothers and Sisters of
Branch No. these are the officerswhom you have elected. If any brother or sister has anyvalid objection to the installation of these officers, lethim/her now speak or forever after hold his/her peace.
(If serious objection is made, the officer to whom objec-tion is made will be withdrawn until the difficulty isarranged satisfactorily and the installation will be continuedwith the other officers.)
You will each raise your right hand and repeat after methe following obligation. I do solemnly promise on myhonor that I will faithfully attend the meetings of theBranch, observe and faithfully execute the laws of theNational Association of Letter Carriers and the By-Laws ofthis Branch. I will perform, to the best of my ability theduties of the office to which I have been elected, guard allproperty placed in my charge, and at the expiration of myterm of office turn the same over to my successor. I will doeverything in my power to promote the welfare of theNational Association of Letter Carriers and its members.
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(Trustees are brought forward.)
INSTALLING OFFICER: Brothers and/or Sisters, I con-gratulate you. You may well consider it an honor to be heldin such high esteem. Your duties will be to care for theproperty of the Branch, to have custody of the officers’bonds, and to perform such other duties as the Branch mayrequire of you. The Assistant will conduct you to your sta-tions.
(Sergeant-at-Arms is brought forward.)
INSTALLING OFFICER: My brother/sister, it gives mepleasure to install you into the office of Sergeant-at-Arms.Your duties will be to guard the entrance of the meetingroom, see that none other than those who are entitled to, orwho have permission, will enter, and assist in maintainingorder while the Branch is in session. The Assistant willconduct you to your station.
MBA and Health BenefitsRepresentatives
lNSTALLING OFFICER: Brother(s) and/or Sister(s),your duties are of such a nature as to almost appear to be aconnecting link between life and death, to keep a record ofthe insured member from birth, and an accurate accountwith them and the Director of Life Insurance and theDirector of Health Insurance, so that should any of them besummoned hence, or be disabled while you hold youroffice, those left dependent upon them will have no cause tocomplain.
TreasurerINSTALLING OFFICER: Brother/Sister, your office is
an important one, and great confidence was confided in you
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when you were elected Treasurer. Carefully guard all fundsplaced in your hands and at all times be prepared to renderan account to your Branch.
Financial and Recording SecretariesINSTALLING OFFICER: Brother(s) and/or Sister(s),
your offices are not only important, but laborious and attimes trying. They require honesty, perseverance, patience,and accuracy. Prove true to your trust. A duty well per-formed is an honor gained.
Vice PresidentINSTALLING OFFICER: My brother/sister, it is no
doubt a matter of some pride to you to be chosen the sec-ond officer of your Branch. It will be your duty to becomefamiliar with the laws, usages, and customs of theAssociation, as well as the duties of the President in orderthat in his/her absence you may be able to assume his/herposition with credit to yourself and the Branch.
PresidentASSISTANT INSTALLING OFFICER: I now have the
pleasure of introducing to you the President.INSTALLING OFFICER: Brother/Sister________, your
election to the office of President of this Branch is an indi-cation of the high esteem in which you are held by yourassociate members. Your duties are many, and chief amongthem is to be at all times ready to promote the welfare ofthe Association and enforce the laws with firmness andimpartiality, so that when the sound of this gavel, the sym-bol of authority, which I now present to you, is heard, itwill be cheerfully and willingly obeyed. May you continuein the good work begun, and may success crown yourefforts.*** I now, by the power in me vested by the
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National Association of Letter Carriers, do declare the offi-cers of ___________ Branch No. ______ duly and legallyinstalled for the length of their term or until their successorsare elected and installed.
*NOTE In case any of the Officers who have been dulyelected are unable to be present, the Installing Officer shalldeclare them entitled to perform the duties of their officeand they shall be considered installed.
***NOTE The asterisks indicate the raps of the gavel.
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CONSTITUTION ANDGENERAL LAWS
of the
UNITED STATES LETTERCARRIERS
MUTUAL BENEFITASSOCIATION
Organized 1891
CONSTITUTION
ARTICLE 1
Powers of the National Association of Letter Carriers ofthe United States of America, hereinafter referred to as theNALC.
Section 1. The NALC possesses the power by virtue ofits charter, and in accordance with its laws, to establish theNALC life insurance department, known as the UnitedStates Letter Carriers Mutual Benefit Association and here-inafter referred to as the MBA.
Sec. 2. To create a Board of Trustees, who shall haveentire charge and full control of the MBA, subject to suchrestrictions as the NALC, when assembled in regular bien-nial National Convention, may from time to time provide inthe Constitution and General Laws governing same.
Sec. 3. To create the office of Director of Life Insurancewhose duties are defined hereinafter.
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ARTICLE 2
Objects of the MBASection 1. To unite fraternally all letter carriers and other
non-supervisory employees of the Postal Career Servicewho are of sound bodily health and good moral character,and who are members in good standing in the NALC.
Sec. 2. To establish a Fund from which to pay all normallife insurance, disability, and annuity benefits in accordancewith the General Laws relating to benefit certificates, and topay such costs of administering the MBA as may be prop-erly chargeable thereto.
ARTICLE 3
AdministrationSection 1. The MBA shall be governed by a board of
three trustees, its activities administered by a Director ofLife Insurance, and its general supervision shall be vestedin the President of the NALC.
Sec. 2. The trustees and the Director of Life Insuranceshall be members of the NALC and shall be elected at thetime and in the manner prescribed for the election of offi-cers of the NALC.
ARTICLE 4
Powers of the Board of TrusteesSection 1. The Board of Trustees shall have full control
of the management of the MBA subject to its Constitutionand General Laws and those of the NALC.
Sec. 2. To provide, print, and furnish all forms, certifi-cates, blanks of all kinds, official seals, and such suppliesfor the MBA as may be necessary.
Sec. 3. To create, hold, and disburse the funds of theMBA under such regulations hereinafter provided in itsConstitution and General Laws.
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Sec. 4. To issue benefit certificates and provide for thepayment of the same under the laws, rules, and regulationsembodied in the Constitution and General Laws of theMBA.
Sec. 5. The Board of Trustees may, if authorized by ref-erendum vote of all MBA members, levy special or extraassessments upon all members when necessary to meet theliabilities of the MBA.
Sec. 6. They shall hear and decide all appeals from theaction of those in authority relative to the MBA, and theirfindings shall be final unless reversed by the national con-vention.
Sec. 7. The Board of Trustees may adopt rules and regu-lations in conformity with the Constitution and GeneralLaws for the administration of the MBA, and alter andamend such rules and regulations when, in their judgment,the needs of the MBA so require.
Sec. 8. The Board of Trustees are hereby authorized and empowered to cause to be attached to all benefit certifi-cates of membership hereafter issued, a stipulation, inwriting, containing such modification, provision or provi-sions as may be necessary to make said certificate conformto and be in harmony with the laws of the state withinwhich the member to whom such certificate shall be issuedis a resident; provided, however, that nothing in such modi-fication, provision or provisions, shall in any mannerincrease or enlarge the liability otherwise provided for insaid certificate of membership or the General Laws of theMBA.
Sec. 9. The Board of Trustees, in reliance upon account-ing, legal, and actuarial experts, are hereby authorized andempowered to act upon all matters of technical administra-tion of the MBA.
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ARTICLE 5
Duties of the Board of TrusteesSection 1. All matters pertaining to or affecting the
MBA, or the Constitution and General Laws for govern-ment of same, shall be referred to the Board of Trustees andthey shall report on such matter before the close of eachnational convention. No resolution or amendment pertain-ing to or affecting the members of, or the Constitution andGeneral Laws of the MBA, shall be effective or incorporat-ed into the Constitution and General Laws unless passedupon and reported by the Board of Trustees before action istaken thereon by the National Convention.
Sec. 2. The Board of Trustees shall, within ten days afterassuming office, meet and organize by electing one of theirmembers Chairperson, who shall perform the duties here-inafter provided, and they shall appoint a chief medicalexaminer, who shall be a practicing physician in goodstanding, and shall appoint a qualified actuary.
Sec. 3. Special meetings shall be called by the Chair-person of the Board of Trustees on request of not less thantwo members of the Board for the purpose of examining theaffairs of the MBA or the transaction of any business inconnection therewith, or auditing the books and accounts ofthe Director should the interests of the MBA require it. Saidmeetings shall be held at such time and place as designatedby the Chairperson of said Board.
Sec. 4. The Board of Trustees shall have supervision ofthe issuance of all documents connected with the details ofthe work of the MBA and authorize their Chairperson tosign officially such as require his/her signature.
Sec. 5. The Board of Trustees, in conjunction with thePresident of the NALC and Director of Life Insurance shallconstitute the Board of Investment, of which the Presidentof the NALC shall be Chairperson and the Director shall beSecretary; and from time to time this Board shall direct theinvestments in securities which are eligible investments forlife insurance companies under the laws of the State of
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Tennessee. They may, by majority vote, sell at any time anybonds or securities in which said funds have been invested,and reinvest the proceeds thereof as above provided.
Sec. 6. The Board of Trustees shall keep a full and com-plete record of its acts and proceedings, and all questionsshall be decided by a majority vote of the Board.
Sec. 7. The Board of Trustees shall prepare and submit afull and complete record of their acts and decisions and theconditions of the MBA to the National Convention and atother times, if required so to do by the President of theNALC.
Sec. 8. They shall receive from the MBA mileage andper diem, similar to that allowed NALC officers, for alltime necessarily spent at meetings of the Board of Trusteesor Board of Investment at times other than that of NationalConventions, for audits of the Director’s office, and forattendance at State Conventions or other meetings to whichthey shall have been officially assigned by the President ofthe NALC.
ARTICLE 6
Duties of Officers
Duties of the President of the NALCSection 1. The President of the NALC shall have general
supervision of the MBA and shall have the power in case ofdeath, resignation, removal, or total inability of any mem-ber of the Board of Trustees, or the Director to performtheir duties, and to appoint a member of the NALC to fillthe vacancy and to serve until the next regular NationalConvention when the vacancy shall be filled by election.
Duties of the Chairperson of theBoard of Trustees
Sec. 2. The Chairperson of the Board of Trustees, underthe direction of said Board, shall have general management
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of the MBA. It shall be his/her duty to preside at all meet-ings of the Board.
Sec. 3. He/she shall sign officially all documents thatrequire his/her signature and shall sign all warrants on thedepository issued and attested by the Director. He/she may appoint two members of the Board of Trustees at anytime he/she deems the interest of the MBA demands it, toexamine into and audit the books and accounts of theDirector.
Sec. 4. He/she shall perform all duties required toenforce the provisions of the Constitution and GeneralLaws, rules, and regulations of the NALC and the MBA.
Duties of the Director of Life InsuranceSec. 5. The Director shall be a member of the NALC and
shall be elected by the National Convention in the mannerprescribed for the election of officers of the NALC.
Sec. 6. He/she shall act as Secretary of the Board ofTrustees, keeping a correct record of its proceedings.
Sec. 7. He/she shall be the custodian of the seal, and ofall supplies and benefit certificates.
Sec. 8. He/she shall hold all securities, bonds, etc. whichshall be placed in a safety vault, a key of said depositoryshall be held by him/her, and, if practical, the other keyshall be held by the Chairperson of the Board of Trustees. Ifdeemed advisable by the Board of Investment an agreementmay be made by them with a reliable financial institution tohold said securities in trust for the MBA.
Sec. 9. He/she shall keep the following official records:A register of the membership of the MBA, a register show-ing change of beneficiaries, a register of all certificatesissued, a register of all applications rejected by the ChiefMedical Examiner, a register of deaths of members, a regis-ter of members receiving disability benefits, and a registerof annuitants.
Sec. 10. He/she shall receive all money due the MBAand shall deposit the same daily with such depository ordepositories as the Board of Trustees may designate. Said
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deposit must be made in the name of the MBA.Sec. 11. He/she shall issue and attest all warrants drawn
on said depository for the disbursement of the funds of theMBA, except that the Board of Trustees may authorizehim/her to establish revolving fund accounts requiring onlyhis/her signature in order to facilitate payments of benefitsand operating expenses.
Sec. 12. He/she shall cause the financial books of the MBA to be kept in accordance with the accountingprinciples prescribed by applicable state laws and regula-tions.
Sec. 13. He/she shall submit quarterly to the Board ofTrustees a full and complete report of the business ofhis/her office. He/she shall furnish for the Board ofTrustees and to each biennial National Convention, a com-plete record of the receipts and expenditures, and the gen-eral financial condition of the MBA, for the two years ending December 31 previous to meeting of said conven-tion.
Sec. 14. His/her books shall always be open for theinspection of the Board or any member thereof. He/sheshall take a valuation of all benefit certificates in force as ofDecember 31, last, and furnish result of same to the Boardof Trustees.
Sec. 15. For use in his/her official correspondence, andfor the general use of the Board of Trustees, he/she shall beauthorized to adopt a seal with appropriate design emblem-atic of the MBA, to be approved by the Board of Trustees.
Sec. 16. He/she shall attend the biennial meeting of theNational Convention, with all the rights and privileges of anofficer of the NALC.
Sec. 17. Before entering upon the discharge of his/herduties, he/she shall enter into and acknowledge a bond insuch amount as the Board of Trustees may from time totime direct; said bond must be made payable to the MBAwith any reputable fidelity or guarantee company. Saidbond must be approved by the Board of Trustees, and con-ditioned for the faithful discharge of his her official duties
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as Director of Life Insurance for the direct benefit and pro-tection of all MBA members.
Sec. 18. For the faithful performance of the above duties,he/she shall receive the sum of $154,577.79 per annum,payable weekly, effective July 27, 2012, provided, thatfuture salary adjustments will be made with the same per-centage given top grade letter carriers in their salaryincreases. He/she shall be entitled to the same sick andannual leave provisions of letter carriers, and he/she shallbe scheduled for three weeks of annual leave each year.
ARTICLE 7
AppealsAll appeals to the National Convention from the action
of the Board of Trustees, shall be forwarded in duplicateunder seal of the Branch to the Secretary of the NALC atleast thirty days prior to the meeting of the NationalConvention. A copy of such appeal shall at the same timebe sent to the Chairperson of the Board of Trustees.
ARTICLE 8
ProhibitionsNo State Association or Branch of the NALC, or officer
or member of the NALC, shall take any action or make anystatement whose purpose is to undermine the MBA,encourage a rival to it, or bring about a violation of its legalor contractual obligations.
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GENERAL LAWS
LAW 1Qualifications of Applicants for Membership
Section 1. An applicant for admission to membership inthe MBA must be a letter carrier or other non-supervisoryemployee of the Postal Career Service who is a member ingood standing of the NALC, or the spouse, child, step-child,grandchild, step-grandchild, great grandchild or step-greatgrandchild of a member of the NALC. Employees of theNALC and its subsidiaries, their spouse, and children arealso eligible applicants for membership in the MBA.
Sec. 2. Each applicant for membership shall make appli-cation on the form provided for that purpose and, subject tothe non-medical limits in effect, be examined by somecompetent practicing physician.
Sec. 3. Should any applicant be rejected by the ChiefMedical Examiner, he/she shall not be proposed or admit-ted within six months thereafter.
LAW 2Duties of the Chief Medical Examiner
Section 1. The Chief Medical Examiner shall promptlysupervise all medical examinations of applicants for mem-bership or, when necessary, for reinstatement. He/she shalldecide whether all applications referred to him/her areacceptable risks, and if not deemed acceptable, he/she shallstate the cause. His/her acceptance or rejection of applica-tions shall be final.
Sec. 2. Whenever in his/her judgment the interest of theMBA or justice to an applicant shall make it necessary,he/she may require an additional medical examination of anapplicant.
Sec. 3. He/she is authorized, whenever in his/her judg-ment an applicant is not acceptable for the amount of insur-
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ance applied for, to approve the application for a reducedamount of insurance.
Sec. 4. He/she shall pass upon the sufficiency of proof ofdeath for those claims referred to him/her and upon allapplications for waiver of premium benefit.
Sec. 5. He/she shall receive such compensation for his/her services as directed by the Board of Trustees.
LAW 3Duties of MBA Representative
Section 1. The MBA Representative shall be a memberof the NALC and duly elected in the manner prescribed forelection of NALC Branch Officers. The MBA Representa-tive is neither an agent of the MBA nor an agent of theNALC and therefore has no authority to act as such.
Sec. 2. He/she shall be the liaison between the membersof his/her Branch and the MBA home office and performsuch duties as required by the MBA home office.
Sec. 3. Before entering on the discharge of his/herduties, he/she shall enter into and acknowledge a bond ofsuch sureties as the branch may deem sufficient for thefaithful discharge of his/her duties as MBA Representative.
Sec. 4. At the expiration of his/her term of office, he/sheshall turn over to his/her successor or to the branch, all doc-uments, books, papers or money that may be in his/her pos-session and belonging to the MBA.
Sec. 5. A representative may be removed from office forincompetence or persistent neglect of his/her duties by theChairperson of the Board of Trustees, who may appoint asuccessor for his/her unexpired term in case of the refusalor neglect of the Branch to fill the vacancy by election.
Sec. 6. A representative receiving notice of his/herremoval from office shall immediately comply with Section4 of this General Law.
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LAW 4Duties of Members of MBA
Section 1. Billed premiums are due in advance on the firstday of the month as indicated on the premium notice. It iseach MBA member’s responsibility to make premium pay-ments in accordance with the premium notice sent to him/herby the MBA home office and no other notice of payments duewill be sent. Payroll deducted premiums are due in advanceon the regular biweekly pay dates of the U.S. Postal Service.It is each MBA member’s responsibility to remit directly tothe MBA home office any payroll deducted premium due butnot deducted from his/her pay for any reason.
Sec. 2. Unless payment of the premium described on thepremium notice or any biweekly payroll deducted premiumis received by MBA on or before 31 days from the date it isdue, the member’s certificate will terminate and becomevoid and all benefits therein forfeited except as to any non-forfeiture rights provided for in his/her certificate. Anymember whose certificate has terminated may apply forreinstatement. If his/her certificate contains a reinstatementprovision, compliance with the same shall be the exclusivemeans of reinstatement. If his/her certificate contains nosuch provision, it may be reinstated within three years ofthe due date of the premium in default by payment of allpremium arrearages with interest thereon at the rate of 5%per annum, and upon furnishing such evidence of insurabil-ity as the MBA may require.
Sec. 3. It shall be the duty of every member of the MBAto maintain his/her membership in the NALC in accordancewith the NALC Constitution and General Laws governingsame.
Sec. 4. Every MBA member shall designate the name,address, and relationship of the person or persons to whomhe/she desires his/her benefit paid, and it is the member’sduty to advise the MBA in writing when he/she desires tochange that designation.
Sec. 5. In case a benefit certificate is lost, or beyond a
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member’s control, the member may, in writing, surrenderall claim thereto, and direct that a new certificate be issuedto him/her, payable to the same or a new beneficiary orbeneficiaries in accordance with the MBA, upon makingaffidavits of the facts in the case satisfactory to the Directorof Life Insurance.
LAW 5Plans of Insurance
Section 1. Option One. Ordinary life certificates issuedsince January 1, 1912, and prior to January 1, 1938, and allcertificates issued prior to January 1, 1912, on which mem-bers assumed payment of the prescribed rates at their then-attained age are designated as Option One Certificates.Such certificates provide for the monthly payment ofassessments of premiums during the life of the memberand, at death of the member, the beneficiary will receive theface amount of the certificate subject to General Laws gov-erning payment of death claims. These certificates areissued on the basis of the National Fraternal Congress Tableof Mortality and 4% interest. Such certificates provide forpaid-up values at age 65 or older, and for cash surrendervalues at age 70 or older.
Sec. 2. Option Two. Endowment at 70 certificates issuedsince January 1, 1912, and prior to January 1, 1938, providefor the monthly payment of premium assessments to age 70years. When the member reaches the age of 70 years,he/she will then pay no more assessments, but can drawannually, from the Fund until death, one-tenth of theamount of his/her benefit certificate. If death occurs beforethe sum of yearly installments equals the amount of his/herbenefit certificate, the unpaid balance shall be paid tohis/her beneficiary in one sum. Such certificates are issuedon the basis of the National Fraternal Congress Table ofMortality and 4% interest.
Sec. 3. Option Three. Term to age 60 certificates issuedsince January 1, 1912, and prior to January 1, 1938, pro-
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vide for the monthly payment of premium assessments toage 60 years. If death occurs before the member reaches theage of 60 years, the full amount of the benefit certificatewill be paid to the beneficiary. Such certificates becomenull and void at age 60, and no benefits are payable there-after. Such certificates are issued on the basis of theNational Fraternal Congress Table of Mortality and 4%interest.
Sec. 4. Payment of Total and Permanent DisabilityClaims Under Options Two and Three.
(a). A member who has accepted either Option No. 2 or3, who may become totally and permanently disabled byother than his/her illegal, reckless, or fool-hardy act, andwho is in good standing in the MBA at the time of such dis-ability, may receive the face amount of his/her certificate intotal and permanent disability benefit.
(b). In case a member entitled to disability benefits shall beinsane or otherwise legally incompetent, the money due onaccount of such disability during the existence of such condi-tion may be paid to the spouse or adult beneficiary named inthe benefit certificate, or to a legally designated representativeof the member in 10 equal annual installments, not exceedingthe face value of the benefit certificate, for use and benefit ofsuch member, and the receipt of such spouse, beneficiary, orlegal representative shall be sufficient.
(c). On the death of a member, the amount provided inhis/her benefit certificate, less any amounts for post mortemdeductions or which have been paid on account of annuityinstallments, shall be paid to the person or persons legallyentitled thereto.
(d). A member claiming total and permanent disabilitybenefits as herein provided shall make claims for such ben-efits on the blanks provided by the Board of Trustees andshall furnish such other sworn proofs as the Board ofTrustees may require.
(e). A member claiming total and permanent disabilitybenefits herein provided for shall, at the time of making the claims for benefits, submit to the Board of Trustees
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the sworn affidavits of two or more qualified practicingphysicians, one of whom can be selected by the Board ofTrustees, showing that for six consecutive months immedi-ately preceding the filing of such proof, such member hasbeen and is still totally and permanently disabled asrequired by these laws.
(f). The Board of Trustees and the Chief MedicalExaminer shall examine and pass upon claims for total andpermanent disability benefits, and if they deem that theproofs establish the fact of total and permanent disability,direct the Director of Life Insurance to make payments ofbenefits under the provisions herein provided.
(g). If the Board of Trustees are not satisfied with theproofs of total and permanent disability of the membermaking such claim, they may direct that he/she be placedon the probationary list for such time as in their judgmentwill clearly establish the fact of total and permanent dis-ability. The Board of Trustees may permit the discontinu-ance of payment of assessments by said member duringsaid probationary period.
(h). Whenever a member who is on the probationary listis restored to his/her former status in the MBA by order ofthe Board of Trustees, he/she shall again become liable forall dues and assessments and other demands of the MBAand Branch, beginning on the month following the monthin which he/she was restored or returned to his/her formerstatus in the MBA; and upon such member’s failure to payhis/her monthly dues and assessments within the time pre-scribed by the General Laws, he/she shall be disconnectedfrom the MBA without notice.
(i). A member under Option 2 or 3 who may hereafter losethe total sight of one eye, or the loss of one arm or one leg byseverance at or above the wrist or ankle joint, may receive onehalf of the amount of his/her benefit certificate. Such membershall then surrender his/her benefit certificate, and theDirector of Life Insurance will issue a new benefit certificatefor the remaining unpaid half. The monthly assessments ofsaid member will be reduced in same proportion.
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Sec. 5. Option Four. Twenty payment life certificatesissued since January 1, 1912 and prior to January 1, 1938,provide for the monthly payment of premium assessmentsfor 20 full years, at the end of which period the certificatebecomes paid-up for its face amount. After two completedyears of duration, this certificate provides the followingnonforfeiture values: (1) Cash surrender values; (2) Paid-upinsurance; (3) Extended insurance; (4) Automatic premiumloans; (5) Cash loans. Such certificates are issued on thebasis of the American Experience Table of Mortality and4% interest.
Sec. 6. Other Plans.(a). All certificates issued subsequent to January 1, 1938,
and prior to January 1, 1949, provide for premium pay-ments and benefits in accordance with the terms of suchcertificates. After two years of duration, such certificatesprovide for the following nonforfeiture values: (1) Cashsurrender values; (2) Paid-up insurance; (3) Extended insur-ance; (4) Automatic premium loans; (5) Cash loans. Suchcertificates are issued on the basis of the AmericanExperience Table of Mortality and 3.5% interest.
(b). All Certificates issued subsequent to January 1,1949, and prior to January 1, 1955, provide for premiumpayments and benefits in accordance with their terms andcarry all standard nonforfeiture values. Such certificates areissued on the basis of the American Experience Table ofMortality and 3% interest.
(c). All certificates issued subsequent to January 1, 1955and numbered less than Certificate Number 35000 providefor premium payments and benefits in accordance withtheir terms and carry all standard nonforfeiture values.Such certificates are issued on the basis of the 1941 CSOTable of Mortality and 2.5% interest.
(d). On and after August 1, 1973, all benefit certificatesnumbered 35000 and greater, made available by the MBA,shall be of such form, provide such benefits, contain suchprovisions, be based on such standards of valuation, pro-vide coverage on such persons, require such premiums
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and fees, and shall be issued on the basis of such applica-tions, on such risks, on the basis of such evidences of insur-ability and underwriting practices, to such persons, withsuch beneficiaries, and under such circumstances as shallbe required or permitted by law and prescribed by theBoard of Trustees.
LAW 6Change of Rate and Plan
Section 1. A member holding a benefit certificate lessthan $10,000, and under 55 years of age as of nearest birth-day may change to a higher rate in multiples of $1000 bymaking written application. He/she shall be examined andrecommended in the manner prescribed for new members.
Sec. 2. A member under 70 years of age may at any timechange from one plan to another with the same or reducedface amount without medical examination by surrender ofbenefit certificate endorsed to show desired change overhis/her signature.
Sec. 3. In transferring from a plan not providing disabilitybenefits to one that does. A member shall not be entitled toreceive any benefits for disability occurring within the firstyear of membership in the new plan, unless his/her disabili-ty results from an accidental injury received after date oftransferring.
Sec. 4. A member over 60 years of age transferring toOption No. 2 shall not be entitled to receive old age annuitybenefits until after 10 full years of contributing membershipin the Option.
Sec. 5. Transfer to Option 2 or Option 3 is not permissi-ble after December 31, 1967.
Sec. 6. Exchange of certificates shall be in accordancewith regulations adopted by the Board of Trustees, who areauthorized to charge a fee for such exchange.
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LAW 7Payment of Benefits
Section 1. All claims for benefits shall be made in suchform and processed in such manner, consistent with thelaws of the various states in jurisdiction, as shall be deter-mined by the Board of Trustees.
Sec. 2. Any certificate or proceeds thereof may beassigned by the member or beneficiary: however, no assign-ment shall be binding on the MBA unless and until it hasbeen executed in writing in such form as may be requiredby the Board of Trustees and filed with the Director of LifeInsurance at the home office of the MBA, and any suchassignment shall be subject to any indebtedness to theMBA.
Sec. 3. Any money or benefits belonging to, or becomingdue any minor or incompetent beneficiary, who does nothave a duly-appointed and qualified legal guardian, may beheld on deposit in trust for such minor or incompetentbeneficiary until he/she attains the age of majority, or until such incompetent beneficiary is restored to capacity, or prior to such time if demanded by the duly-appointed and qualified legal guardian of such minor orincompetent beneficiary, at which time the MBA shall paythe principle sum due with interest thereon at such rate asmay be determined from time to time by the Board ofTrustees.
Sec. 4. No action at law or in equity shall be brought ormaintained on any claim arising out of any certificatebefore the expiration of 90 days after receipt by the MBAof all required proof nor unless brought within two yearsafter the cause of action has accrued, unless the applicablestate statute provides for a longer period.
Sec. 5. No beneficiary shall have or obtain any vestedinterest in the proceeds of any certificate issued by theMBA until the benefit under such certificate has becomedue and payable according to the provisions thereof.
Sec. 6. The unexplained disappearances of a member,
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whose whereabouts are unknown and who has not beenheard from for such length of time and under such circum-stances that, according to the common law or the statutoryprovisions of any state wherein the MBA is licensed to dobusiness, a presumption arises that such member is dead,shall create no liability on the part of the MBA upon thebenefit certificate issued to such member, unless the pre-sumption of death is established by a decree of a propercourt, in which proceeding the MBA is made a party or isgiven notice thereof, or unless a surety bond, satisfactory tothe Board of Trustees, shall have been furnished, indemni-fying the MBA against the reappearance of the member.
LAW 8Failure of Designation,
Death or Disqualification of Beneficiary
Section 1. In the event one or more of the designatedbeneficiaries shall predecease the person insured, orbecome disqualified for any reason, the benefit shall bepayable to the surviving beneficiary or beneficiaries, if any,in the proportion that their respective shares therefor boreto the shares of each other surviving beneficiary beforesuch beneficiary’s death or disqualification, unless other-wise provided in the certificate.
Sec. 2. In the event only one beneficiary shall survive theinsured, the entire benefit shall be paid to such survivor.
Sec. 3. If at the date of the insured’s death no desig-nated beneficiary is surviving and the beneficiary desig-nated beneficiary is surviving and the beneficiary designa-tion does not otherwise provide, the MBA at its option may pay the amount payable to any of the insured’s rela-tives by blood or connection by marriage, or to the rep-resentative of the insured’s estate; or if on said date thedesignated beneficiary is a minor or is not competent togive a valid release. The provisions of Law 8, Section 3shall apply. Any payment made pursuant to this subsec-tion shall be in the sole discretion of the MBA, may be
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made in one sum or otherwise, and full payment of benefitshereunder shall constitute full and final discharge of allobligations of the MBA.
Sec. 4. If the death of both the member or other personinsured and any beneficiary designated in the policy or cer-tificate insuring the life of such member or other person,shall occur under circumstances where there is no sufficientevidence that they died otherwise than simultaneously, theamount designated as payable to such deceased beneficiaryshall be payable in the same manner as if such beneficiaryhad died prior to the death of such member or other personinsured.
Sec. 5. If any member or other person insured shall dieby the hands of any beneficiary designated in the certificateinsuring his/her life, except by accident, whether such ben-eficiary be sane or insane, the right of such beneficiary toreceive any benefit under said certificate shall be forfeitedand the benefits which otherwise would have been payableto such beneficiary shall be payable in the same manner asif such beneficiary had died prior to the death of such mem-ber or other person insured.
LAW 9Valuation
Section 1. At the end of the first certificate year, andannually thereafter, the member shall be entitled to partici-pate in any surplus to the credit of his/her certificate arisingin the conduct of the MBA’s business. The amount, time,and manner of participation shall be determined by theBoard of Trustees upon the advice and approval of theMBA actuary.
Sec. 2. In the event the MBA’s reserves should becomeimpaired, there shall be paid by the member of the MBAthe amount of the insured’s equitable proportion of suchdeficiency as ascertained by the Board of Trustees, and ifsuch payment is not made, same shall become an indebted-
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ness against the certificate with interest at 5% per annum.
Sec. 3. A report of each annual valuation and an explana-tion of the facts concerning the condition of the MBA shallbe published in The Postal Record, but no member shallhave the right to any division of surplus disclosed by saidvaluation, except as provided for in Section 1 of thisGeneral Law, nor to the return to him/her of any portion ofthe same in cash, and every valuation made by the Board ofTrustees and the Director shall be binding and conclusiveupon all the members, the right of petition and review aloneresting with the National Convention.
LAW 10The Right of Appeal
Section 1. Any member of the MBA, considering that adecision or act is unjust or not in accordance with theConstitution and General Laws of the MBA, or that injus-tice has been done him/her by enforcement or operation ofany law or rule of the MBA, shall have the right of appealin the following manner: from a committee or officer to thePresident of the Branch at the next stated meeting; from thePresident of the Branch to the Branch at the same or nextstated meeting; from the Branch to the Board of Trustees atthe same or next stated meeting; from the Board of Trusteesto the next biennial National Convention of the NALC.
Sec. 2. A member who does not take an appeal withinthe time above allowed, shall be deemed to have therebyagreed to abide by such decision, or act, or enforcement, oroperation of the laws or rules of the MBA.
LAW 11Amendments
The Constitution and General Laws of the MBA shallnot be altered or amended except by majority vote of the
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entire membership present and voting at the regular sessionof the National Convention, and all proposed amendmentsmust be presented in writing, signed by three or more mem-bers, and referred to and reported upon by the Board ofTrustees. Any proposed amendment, except those originat-ing with the Board of Trustees, must be submitted to theBoard of Trustees at least 60 days prior to the first day ofthe next National Convention.
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CONSTITUTIONof the
NATIONAL ASSOCIATION OFLETTER CARRIERS
HEALTH BENEFIT PLAN
CONSTITUTION
ARTICLE 1
Name and PowersPowers of the National Association of Letter Carriers of
the United States of America.Section 1. The National Association of Letter Carriers of
the United States of America possesses the power, by virtueof its charter, and in accordance with its laws:
(a). To establish a plan of health insurance known asNational Association of Letter Carriers Health Benefit Planhereinafter referred to as the Plan.
(b). To create a Board of Trustees who shall have entirecharge and full control subject to such restrictions as theNational Association of Letter Carriers, when assembled inregular biennial National Convention, may from time totime provide in the Constitution and General Laws govern-ing same.
(c). To create the office of Director, Health Benefit Plan,duties for which are defined hereinafter.
ARTICLE 2
Objects of the PlanSection 1. To unite fraternally all letter carriers who are
members in good standing in the National Association ofLetter Carriers.
Sec. 2. To establish Health Benefit Funds from which
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to pay contributing members holding Health Benefit Cer-tificates who become lawfully entitled thereto, certainbenefits as indemnity against loss resulting from theexpense of hospital, surgical and other medical expense due to bodily injuries or sickness of the member andenrolled dependent members of his/her family, and fromwhich to defray the necessary running expenses of the Plan.
ARTICLE 3
AdministrationThe Plan shall be governed by a Board of Trustees, its
activities administered by a Director, Health Benefit Plan,and its general supervision shall be vested in the Presidentof the National Association of Letter Carriers.
ARTICLE 4
Officers and ElectionsSection 1. The elective officers of this Association shall
be a Board of Trustees and a Director, Health Benefit Plan.Sec. 2. The Board of Trustees shall be composed of three
members of the National Association of Letter Carriers whoshall be elected at the time and manner prescribed for theelection of the officers of the National Association of LetterCarriers.
Sec. 3. The Director, Health Benefit Plan shall be amember of the National Association of Letter Carriers andshall be elected at the time and manner prescribed for theelection of officers of the National Association of LetterCarriers. No one shall hold any office in the NationalHealth Benefit Plan of the National Association of LetterCarriers at any level, National, State Association, Regional,District, or Branch level, who is not a participating memberof the National Association of Letter Carriers HealthBenefit Plan.
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ARTICLE 5
Powers of the Board of TrusteesSection 1. The Board of Trustees shall have full control
of the management of the Plan subject to its laws and tothose of the National Association of Letter Carriers.
Sec. 2. They shall provide, print, and furnish all forms,certificates, blanks of all kinds, official seals and such sup-plies of the Plan as may be necessary.
Sec. 3. They shall create, hold, and disburse the funds ofthe Plan under the regulations hereinafter provided and theGeneral Laws.
Sec. 4. They shall issue certificates and provide for thepayment of claims arising therefrom under the laws, rules,and regulations embodied in the Constitution and GeneralLaws of this Plan.
Sec. 5. Except as may be required by applicable law,they shall hear and decide all appeals from the action ofthose in authority relative to the Plan and its funds, andtheir findings shall be final unless reversed by the NationalAssociation in convention.
Sec. 6. The Board of Trustees may adopt rules and regu-lations in conformity with the Constitution and GeneralLaws for the government of members in the Plan and alterand amend such rules and regulations, when, in their judg-ment, the needs of the said Plan so require.
Sec. 7. The Board of Trustees is authorized to formulatenew certificates whenever, in its unanimous opinion, it is tothe best interest of the membership and the Plan to do so.Such certificates must be approved by the Plan’s Actuaryand the Department of Insurance and Banking of the Stateof Tennessee.
Sec. 8. The Board of Trustees may engage legal counselwhenever, in its opinion, it is to the best interest of this Plan.
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ARTICLE 6
Duties of the Board of TrusteesSection 1. The Board of Trustees shall, within 10 days
after assuming office, meet and organize by electing one oftheir members Chairperson, who shall perform the dutieshereinafter provided.
Sec. 2. The Board of Trustees shall meet at such time andplace as the National Association of Letter Carriers of theUnited States of America may designate in convention for thepurpose of examining into the affairs of the Plan and auditingthe books and accounts of the Director, Health Benefit Plan:provided, that such an examination and audit will in no wayinterfere with any examination or audit being made by anauditing committee of the NALC, or a firm of certified publicaccountants ordered to make an audit and examination of thebooks and records by the President of the NALC.
Sec. 3. Special meetings shall be called by the Chairpersonof the Board of Trustees on the request of not less than twomembers of the Board, should the interest of the Plan requireit. Said meetings shall be held at such times and place as isdesignated by the Chairperson of said Board.
Sec. 4. The Board shall have supervision of the issuanceof all documents connected with the details of the Plan, andmay authorize their Chairperson to sign officially such asrequire their signature.
Sec. 5. The Board shall keep a full and complete recordof all its acts and proceedings, and all questions shall bedecided by a majority vote of the Board.
Sec. 6. The Board shall prepare and submit a full andcomplete record of their acts and decisions and the condi-tion of the Plan to the National Association at their regularconvention, and at other times, if required to do so by thePresident of the National Association.
Sec. 7. It shall be the duty of the Board to attend the con-ventions of the National Association and they shall be privi-leged to take part in its proceedings the same as any officerof the National Association.
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Sec. 8. For their expenses they shall receive from theNational Association of Letter Carriers, for all time neces-sarily spent in attendance at the National Convention, atmeetings of the Board of Trustees in connection with theNational Convention, and for time and transportation to andfrom same, a mileage and per diem allowance similar tothat allowed the National Officers.
Sec. 9. The salaries of the three members of the Board ofTrustees shall be equitably apportioned to the various fundsof the Plan.
ARTICLE 7
Duties of OfficersDuties of the President of the
National Association
Section 1. The President of the National Association ofLetter Carriers shall have general supervision of the Plan.He/she shall have power in case of death, resignation,removal or total inability of any member of the Board ofTrustees or the Director, Health Benefit Plan, to performtheir duties, to appoint a member of the NationalAssociation to fill the vacancy or vacancies, as the casemay be, requiring a good and sufficient bond in the sumfixed by the National Association or by the Board ofTrustees for said officers. The member or members soappointed shall serve until the next regular meeting of theNational Association, when the vacancy shall be filled byan election.
Duties of the Chairperson of theBoard of Trustees
Sec. 2. The Chairperson of the Board of Trustees shallpreside at all meetings of the Board. He/she shall sign offi-cially all documents that require his/her signature; shallsign all checks on the depository, issued and attested by the Director, Health Benefit Plan, for the purpose of
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liquidating the liabilities of the Plan in conformity with thelaws governing the same. He/she shall perform all dutiesrequired to enforce the provisions of the Constitution andGeneral Laws, rules and regulations of the NationalAssociation of Letter Carriers and the Plan.
Duties of the Director of Health Benefit Plan
Sec. 3. The Director, Health Benefit Plan, shall be thechief executive officer of the Plan and shall conduct itsaffairs subject to this Constitution and the General Lawsand such direction as he/she may from time to time receivefrom the Board of Trustees.
Sec. 4. He/she shall initially decide all matters involvingany member and the Plan.
Sec. 5. He/she shall cause to be established and main-tained a system of bookkeeping and accounting of thefunds of the Plan in accordance with generally acceptedaccounting principles. Separate accounts shall be kept ofthe various funds of the Plan.
Sec. 6. He/she shall have the supervision of the receipt,custody, and disbursements of all funds of the Plan, andcause to be deposited in banks approved by the Board ofTrustees all moneys received.
Sec. 7. He/she shall retain a firm of certified publicaccountants to perform an audit of the books and records ofthe Plan at the conclusion of each fiscal year.
Sec. 8. He/she shall act as secretary at the various meet-ings of the Board of Trustees.
Sec. 9. He/she shall engage the services of an actuary.Sec. 10. He/she shall furnish to the Board of Trustees
and all National Officers of the National Association ofLetter Carriers a monthly report of the financial conditionof the Plan.
Sec. 11. He/she shall be custodian of the seal and of allsupplies and certificates.
Sec. 12. He/she shall issue and attest all checks on thedepository for the disbursements of the funds of the Plan.
Sec. 13. He/she shall submit monthly to the Board of
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Trustees a full and complete report of the business ofhis/her office. He/she shall furnish for the Board ofTrustees and to each convention a complete record ofreceipts and expenditures, and a statement of the generalfinancial condition of the Plan for the calendar year previ-ous to the meeting of said convention.
Sec. 14. His/her books shall always be open for inspec-tion by the Board or any members thereof.
Sec. 15. For use in his/her official correspondence andfor the general use of the Board of Trustees, he/she shall beauthorized to adopt a seal with an appropriate designemblematic of the Plan, the same to be approved by theBoard of Trustees.
Sec. 16. He/she shall receive all claims arising under theprovisions of the certificates of this Plan.
Sec. 17. He/she shall furnish Health Benefit Represen-tatives of Branches with necessary supplies for the transac-tions between the local Health Benefit Representative andthe office of the Director, Health Benefit Plan.
Sec. 18. He/she shall receive for his/her services$154,577.79 per annum, payable weekly, effective July 27,2012, which amount is to be equitably apportioned to thevarious Funds of the Plan, provided, that future salaryadjustments will be made with the same percentage giventop grade letter carriers in their salary increases. He/sheshall be entitled to the same sick and annual leave provi-sions of letter carriers, and he/she shall be scheduled forthree weeks annual leave each year.
Sec. 19. He/she shall attend the Conventions of theNational Association, and for his/her expenses he/she shallreceive from the National Association of Letter Carriers forall the time necessarily spent in attendance at the NationalConventions, at the meetings of the Board of Trustees inconnection with the National Conventions, and for the timeand transportation to and from same, a mileage and perdiem allowance similar to that allowed the NationalOfficers.
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ARTICLE 8Fiscal Year
The fiscal year of the Association shall be the calendaryear.
ARTICLE 9Actuarial Soundness
The funds of the Plan shall be maintained at levels suffi-cient to pay all benefit claims, matured and contingent, andnecessary administrative expenses. The premiums shall bemaintained at rates adequate to insure the ability of the Planto make such payments.
ARTICLE 10Revenue
Section 1. The revenue of the Plan shall consist of mon-eys received on account of premiums, fees, assessments,and earnings of investments.
Sec. 2. Premiums shall be established by the Board ofDirectors only after such premiums have been approved bythis Plan’s actuary.
ARTICLE 11Disposition, Security and Investment of Funds
Section 1. All moneys of the Association shall bereceived by the Director, Health Benefit Plan, and bedeposited by him/her in the name of National Associationof Letter Carriers Health Benefit Plan, in such bank orbanks as may be designated by the Board of Trustees.
The checks drawn on these accounts shall be signed bythe Chairperson, Board of Trustees, and attested to by theDirector, Health Benefit Plan, except that the Board ofTrustees may authorize the Director, Health Benefit Plan,
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to open revolving fund accounts requiring only the signa-ture of the Director, Health Benefit Plan, in bank or banksthat it may designate, in order to pay more expeditiouslyclaims for benefits and administrative expenses.
Sec. 2. The Board of Trustees and the Director, HealthBenefit Plan, in conjunction with the President of theNational Association of Letter Carriers, may direct theinvestment of the funds of the Plan in readily convertibleGovernment, State or Municipal bonds and other securitieswhich are eligible investments for fraternal health and acci-dent insurance companies under the laws of the State ofTennessee.
Further, investment of moneys shall not be inconsistentwith the rules and regulations of the Civil Service Commis-sion established for the administration of Public Law 86-382.
Sec. 3. The Board of Trustees, Director, Health BenefitPlan, and the President of the National Association ofLetter Carriers may, at any time, by unanimous vote, sellany bonds or securities in which the moneys are investedand reinvest the proceeds thereof as above provided.
Sec. 4. The Director, Health Benefit Plan, shall hold allsecurities and place them in a safety vault to be designatedby the Board of Trustees, one key of which shall be held byhim/her and another, if practicable, by the Chairperson ofthe Board of Trustees. If deemed advisable by the Board ofTrustees, an agreement may be made by them with a reli-able financial institution to hold said securities for the Plan.
Sec. 5. The Director, Health Benefit Plan shall berequired, before entering upon the discharge of his/herduties, to enter into and acknowledge a bond in suchamounts as the Board of Trustees and the President of theNational Association of Letter Carriers may direct, saidbond to be made payable to the National Association ofLetter Carriers, with any reputable fidelity or guaranteecompany. Said bond must be approved by the Board ofTrustees of the Plan and the President of the NationalAssociation of Letter Carriers and be conditional upon the
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faithful discharge of his/her official duties as Director,Health Benefit Plan. The Chairperson of the Board ofTrustees may also be required by joint action of the othermembers of the Board and the President of the NationalAssociation of Letter Carriers to furnish a bond to theNational Association of Letter Carriers in the same amount,manner and form as that given by the Director, HealthBenefit Plan; the expense of procuring both of the afore-mentioned bonds is to be equitably apportioned to the vari-ous Funds of the Plan.
ARTICLE 12Membership
The membership of the Plan shall be composed of mem-bers of the National Association of Letter Carriers.
ARTICLE 13Amendments
Section 1. The Constitution and General Laws of thePlan shall not be altered or amended except by a majorityof the entire membership voting at the regular session ofthe National Association of Letter Carriers, and all the pro-posed amendments must be presented in writing, signed bythree or more members of the Plan, and be referred to andreported upon by the Board of Directors.
Sec. 2. The various insurance certificates shall be alteredor amended by a majority of the delegates voting at a regu-lar session of the Convention of the National Association ofLetter Carriers and by the Board of Trustees betweenConventions when, in its opinion, such alterations oramendments are in the best interest of the membership andthis Plan: provided further, that all such alterations andamendments have the approval of the Plan’s actuary and theDepartment of Insurance and Banking of the State ofTennessee.
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Sec. 3. No amendment of this Constitution and amend-ments or alteration of the insurance certificates shall beinconsistent with Federal, State, District of Columbia orterritorial law, the Constitution and Laws of the NationalAssociation of Letter Carriers, or have the effect of impair-ing the actuarial soundness of this Plan as determined bycompetent advice obtained by the Board of Trustees.
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CHARTER OFINCORPORATION OF THEUNITED STATES LETTER
CARRIERS MUTUALBENEFIT ASSOCIATION
[AS AMENDED]—————
STATE OF TENNESSEEBe it known, that Theodore C. Dennis, Wilmot Dunn,
Joseph R. Kelley, John D. Mackenzie, W. N. Carr, GeorgeB. Dobson, J. W. Jackson, are hereby created a body politicand corporate by the name and style of United States LetterCarriers Mutual Benefit Association (hereinafter theAssociation), the purpose of which is to carry on businessas a fraternal benefit corporation, to engage in and writeany or all branches of insurance which may be engaged inunder Section 2513, subsection 3, of Shannon’s Code,including but not limited to individual life and annuityinsurance, sick benefit coverage, and individual accidentand health policies providing supplementary income to hos-pitalized and/or disabled members, but excluding all groupaccident and health insurance provided by NationalAssociation of Letter Carriers (hereinafter NALC) HealthBenefit Plan pursuant to 5 U.S.C. §8901 et seq., to establishBranches, and to exercise all powers necessary to operatesuch business.
The general powers of said corporation shall be to sueand be sued by the corporate name, to have and use a com-mon seal, which it may alter at pleasure; if no commonseal, then the signature of the name of the corporation byany duly-authorized officer shall be legal and binding; topurchase and hold, or receive by gift, bequest, or devise,in addition to the personal property owned by the cor-
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poration, real estate necessary for the transaction of the cor-porate business, and also to purchase or accept any realestate in payment or in part payment of any debt due to thecorporation, and sell the same; to establish by-laws, andmake all rules and regulations not consistent with the lawsand Constitution deemed expedient for the management ofcorporate affairs; and appoint such subordinate officers andagents, in addition to a President and Secretary orTreasurer, as the business of the corporation may require,designate the name of the office and fix the compensationof the officer.
The Board of Trustees shall consist of the followingthree members: Lawrence D. Brown Jr., Randall L. Kellerand Mike Gill, who shall serve as such until the expirationof their term of office in accordance with the Constitutionof the NALC. Their successor Trustees shall at all timesthereafter be the persons duly elected as Trustees under theConstitution of NALC. In addition to the said Trustees, theAssociation’s activities shall be administered by a Directorof Life Insurance elected under the Constitution of NALC,and its general supervision shall be vested in the Presidentof NALC as provided in the Constitution thereof.
The by-laws governing the Association shall be theConstitution and General Laws of the United States LetterCarriers Mutual Benefit Association presently in effect andas the same may be duly amended hereafter.
The general welfare of society, not individual profit, isthe object for which this charter is granted, and hence themembers are not stockholders in the legal sense of the term,and no dividends or profits shall be divided among themembers. The members may at any time voluntarily dis-solve the corporation by a conveyance of its assets andproperty to any other corporation holding a charter from theState for the purpose not of individual profit, first providingfor corporate debts.
A violation of any of the provisions of this charter shall
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subject the corporation to dissolution at the instance of theState.
This charter is subject to modification or amendment; andin case said modification or amendment is not accepted, cor-porate business is to cease, and the assets and property, afterthe payment of debts, are to be conveyed, as aforesaid, tosome other corporation holding a charter for purposes notconnected with individual profit. Acquiescence in any modifi-cation thus declared shall be determined in a meeting special-ly called for that purpose, and only those voting in favor ofthe modification shall thereafter compose the corporation.
The means, assets, income or other property of the cor-poration shall not be employed directly or indirectly for anyother purpose whatever than to accomplish the legitimateobjects of its creation, and by no implication shall it pos-sess the power to issue notes or currency, deal in currency,notes or coin, buy or sell products, or engage in any kind ofgrading operation, nor hold any more real estate than isnecessary for its legitimate purposes.
There shall be no individual liability against the mem-bers of corporate debts, but the entire corporate propertyshall be liable for the claims of creditors.
We, the undersigned, apply to the State of Tennessee, byvirtue of the laws of the land, for a Charter of Incorporationfor the purpose and with the powers, etc., declared in theforegoing instrument.
This 25th day of February, 1892.THEODORE C. DENNIS,WILMOT DUNN,W. N. CARR,JOSEPH R. KELLEY,GEO. B. DOBSON,J. W. JACKSON.
STATE OF TENNESSEE:
Davidson County.
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Personally appeared before me, W. T. Smith, Clerk of theCounty Court of said County, the within named TheodoreC. Dennis, Wilmot Dunn, Joseph R. Kelley, John D.Mackenzie, W. N. Carr, George B. Dobson, J. W. Jackson,the bargainers with whom I am personally acquainted, andwho acknowledged that they executed the annexed instru-ment for the purposes therein contained.
Witness my hand at Office this 25th day of February,1892.
W. T. Smith,Clerk
Received February 25, 1892, at 3:40 p.m.I, Charles A. Miller, Secretary of the State of Tennessee,
do certify that the foregoing instrument with certificate ofacknowledgment of probate and registration was filed inmy office for registration on the 26th day of February,1892, and recorded on 26th day of February, 1892, inCorporation Record Book O, in said office, page 282.
In testimony whereof, I have hereunto subscribed myofficial signature and by order of the Governor, affixed theGreat Seal of the State of Tennessee at the Department inthe City of Nashville, this 26th day of February, A. D.1892.
C. A. Miller,Secretary of State
Received February 26, 1892, at 12:15 p.m.Recorded in Register’s Office of Davidson County,
Tennessee, in Book No. 76, pages 198 and 199.
STATE OF TENNESSEE:
Davidson County.I, West H. Morton, Register for said County, hereby cer-
tify that the foregoing is a true and exact copy of theCharter, National Association of Letter Carriers of U.S.A.,as the same appears of record in my office in Book No.76, pages 198 and 199.
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Witness my official signature at office this 26 day ofFebruary, 1892.
West H. Morton,Register of Davidson CountyBy Bob Williams,
D.R.
146
Geographic Rotationof National Conventions
These are the “five United States Postal Serviceregions that existed prior to 1992” referenced in Article3, Section 1 (page 10) regarding site selection forNational Conventions:
Northeast Region—Connecticut, Maine, Massa-chusetts, New Hampshire, New Jersey (zip codes 074-079 and 085-089), New York, Puerto Rico, RhodeIsland, Vermont
Eastern Region—Delaware, Indiana (zip codes 424,476, 477), Kentucky, Maryland, New Jersey (all of NewJersey not part of the Northeast Region), NorthCarolina, Ohio, Pennsylvania, South Carolina, Virginia,West Virginia
Central Region—Colorado, Illinois, Indiana, Iowa,Kansas, Michigan, Minnesota, Missouri, Nebraska,North Dakota, South Dakota, Wisconsin, Wyoming
Southern Region—Alabama, Arkansas, Florida,Georgia, Louisiana, Mississippi, Oklahoma, Tennessee,Texas (except for zip codes 797-799)
Western Region—Alaska, Arizona, California,Hawaii, Idaho, Montana, New Mexico, Nevada,Oregon, Texas (zip codes 797-799), Utah, Washington
![Page 149: National Association of Letter Carriers Constitution](https://reader031.fdocuments.in/reader031/viewer/2022030400/58a30d5b1a28ab7f678bc887/html5/thumbnails/149.jpg)
PA
ST
NA
TIO
NA
L C
ON
VE
NT
ION
S
Con
v. N
oC
ity
Yea
rP
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dent
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ed .
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ilw
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is.
. . .
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. . .
. . .
. . .
. . .
. . .
. . .
1889
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. . .
. . .
. . .
. . .
. .
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ton,
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s. .
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. . .
. . .
. . .
. . .
. . .
. . .
. . .
.18
90Jo
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. Goo
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. . .
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. . .
. . .
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1891
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nis,
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.
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dian
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1892
Fra
nk E
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Fra
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urth
. .
. . .
. . .
. . .
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s C
ity,
Mo.
. . .
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. . .
. . .
. . .
. . .
. . .
. . .
. .
1893
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nk E
. Sm
ith,
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. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
.18
94C
. C. C
oude
n,C
inci
nnat
i,O
hio
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th
. . .
. . .
. . .
. . .
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hila
delp
hia,
Pa.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
1895
R. F
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nn,P
hila
delp
hia,
Pa.
Sev
enth
.
. . .
. . .
. . .
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nd R
apid
s,M
ich.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. .
1896
John
N. P
arso
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ew Y
ork,
N.Y
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ight
h .
. . .
. . .
. . .
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an F
ranc
isco
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if.
. . .
. . .
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. . .
. . .
. . .
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1897
John
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ew Y
ork,
N.Y
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inth
.
. . .
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. . .
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ledo
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. . .
. . .
. . .
. . .
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. . .
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.18
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. . .
. . .
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ton,
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. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. .
1899
John
N. P
arso
ns,N
ew Y
ork,
N.Y
.E
leve
nth
. . .
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etro
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ich.
. . .
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. .
1900
John
N. P
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ork,
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elft
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. . .
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hatt
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.19
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mes
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. . .
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olo.
. . .
. . .
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. . .
. . .
. . .
. . .
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. . .
. .
1902
Jam
es C
. Kel
ler,
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vela
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teen
th
. . .
. . .
. .
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acus
e,N
.Y.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
.19
03Ja
mes
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. .
. . .
. . .
. .
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tlan
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reg.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
.19
05J.
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olla
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osto
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teen
th
. . .
. . .
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ton,
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o .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
.19
07W
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. Kel
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even
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. . .
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t. Pa
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. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
.19
09
Wil
liam
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elly
,Bro
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.Y.
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htee
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. . .
. . .
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hest
er,N
.Y.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
.19
11W
illi
am E
. Kel
ly,B
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. . .
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an F
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if.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. .
1913
Wil
liam
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elly
,Bro
okly
n,N
.Y.
147
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PA
ST
NA
TIO
NA
L C
ON
VE
NT
ION
S
Con
v. N
oC
ity
Yea
rP
resi
dent
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. . .
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mah
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ebr.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. .
1915
Edw
ard
J. G
aino
r,M
unci
e,In
dian
aTw
enty
-fir
st
. . .
. . .
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alla
s,Te
x. .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
1917
Edw
ard
J. G
aino
r,M
unci
e,In
dian
aTw
enty
-sec
ond
. . .
. .
Phi
lade
lphi
a,Pa
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
.19
19E
dwar
d J.
Gai
nor,
Mun
cie,
Indi
ana
Twen
ty-t
hird
. .
. . .
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t. L
ouis
,Mo.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. .
1921
Edw
ard
J. G
aino
r,M
unci
e,In
dian
aTw
enty
-fou
rth
. . .
. ..
Pro
vide
nce,
R.I
. .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. .19
23E
dwar
d J.
Gai
nor,
Mun
cie,
Indi
ana
Twen
ty-f
ifth
.
. . .
. ..
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roit
,Mic
h. .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
.19
25E
dwar
d J.
Gai
nor,
Mun
cie,
Indi
ana
Twen
ty-s
ixth
. .
. . .
..
El P
aso,
Tex.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
1927
Edw
ard
J. G
aino
r,M
unci
e,In
dian
aTw
enty
-sev
enth
. .
. ..
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neap
olis
,Min
n.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
1929
Edw
ard
J. G
aino
r,M
unci
e,In
dian
aTw
enty
-eig
hth
. . .
. ..
Oak
land
,Cal
if.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
1931
Edw
ard
J. G
aino
r,M
unci
e,In
dian
aTw
enty
-nin
th
. . .
. . ..
Atl
anti
c C
ity,
N.J
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
1933
Edw
ard
J. G
aino
r,M
unci
e,In
dian
aT
hirt
ieth
.
. . .
. . .
. ..
Cle
vela
nd,O
hio
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
1935
Edw
ard
J. G
aino
r,M
unci
e,In
dian
aT
hirt
y-fi
rst .
. .
. . .
. ..
Kan
sas
Cit
y,M
o.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. .19
37E
dwar
d J.
Gai
nor,
Mun
cie,
Indi
ana
Thi
rty-
seco
nd
. . .
. ..
Mil
wau
kee,
Wis
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
.19
39E
dwar
d J.
Gai
nor,
Mun
cie,
lndi
ana
Thi
rty-
thir
d .
. . .
. . ..
Los
Ang
eles
,Cal
if.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
1941
Wil
liam
C. D
oher
ty,C
inci
nnat
i,O
hio
Thi
rty-
four
th
. . .
. . .
Den
ver,
Col
o. .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
.19
43W
illi
am C
. Doh
erty
,Cin
cinn
ati,
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oT
hirt
y-fi
fth
. . .
. . .
. .
Det
roit
,Mic
h. .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
.19
46W
illi
am C
. Doh
erty
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clnn
ati,
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oT
hirt
y-si
xth
. . .
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iam
i,F
la.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
.19
48W
illi
am C
. Doh
erty
,Cin
cinn
ati,
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oT
hirt
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vent
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. . .
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eatt
le,W
ash.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. .
1950
Wil
liam
C. D
oher
ty,C
inci
nnat
i,O
hio
Thi
rty-
eigh
th
. . .
. . .
New
Yor
k,N
.Y.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
1952
W
llli
am C
. Doh
erty
,Cin
cinn
ati O
hio
Thi
rty-
nint
h .
. . .
. . .
Cle
vela
nd,O
hio
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
1954
W
llli
am C
. Doh
erty
,Cin
cinn
ati,
Ohi
oFo
rtie
th .
. . .
. . .
. . .
.M
inne
apol
is,M
inn.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
1956
W
illi
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. Doh
erty
,Cin
cinn
ati,
Ohi
oFo
rty-
firs
t .
. . .
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. .S
an F
ranc
isco
,Cal
if.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. .
1958
W
illi
am C
. Doh
erty
,Cin
cinn
ati,
Ohi
o
148
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149
Fort
y-se
cond
.
. . .
. .C
inci
nnat
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hio
. . .
. . .
. . .
. . .
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. .
1960
W
illi
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. Doh
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,Cin
cinn
ati,
Ohi
oFo
rty-
thir
d .
. . .
. . .
.D
enve
r,C
olo.
. . .
. . .
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1962
Je
rom
e J.
Kea
ting
,Min
neap
olis
,Min
n.Fo
rty-
four
th
. . .
. . .
.M
iam
i Bea
ch,F
la.
. . .
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. . .
. . .
. . .
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. . .
. . .
.19
64
Jero
me
J. K
eati
ng,M
inne
apol
is,M
inn.
Fort
y-fi
fth
. . .
. . .
. .
Det
roit
,Mic
h. .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
.19
66
Jero
me
J. K
eati
ng,M
inne
apol
is,M
inn.
Fort
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. . .
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Bos
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.19
68
Jam
es H
. Rad
emac
her,
Det
roit
,Mic
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nth
. . .
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Hon
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.19
74
Jam
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Det
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ifti
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Hou
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ca,C
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1980
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N.Y
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ifty
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ifor
nia
. . .
. . .
. . .
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.19
82
Vin
cent
R. S
ombr
otto
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Yor
k,N
.Y.
Fif
ty-f
ourt
h .
. . .
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1984
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St.
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1986
V
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ew Y
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Por
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n .
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.19
88
Vin
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R. S
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k,N
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even
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1990
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uri
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. . .
.19
92
Vin
cent
R. S
ombr
otto
,New
Yor
k,N
.Y.
Fif
ty-n
inth
. . .
. . .
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1994
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ixti
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2004
Wil
liam
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2006
Wil
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oung
,San
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s O
bisp
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alif
.S
ixty
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2008
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,San
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orni
a .
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. . .
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. . .
. .20
10F
redr
ic V
. Rol
ando
,Sar
asot
a,F
lori
daS
ixty
-eig
hth
. . .
. . .
.M
inne
apol
is,M
inne
sota
. .
. . .
. . .
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.20
12F
redr
ic V
. Rol
ando
,Sar
asot
a,F
lori
da
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INDEXConstitution of the
National Association of Letter Carriers
Art. PageAFL-CIO Delegates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 18Amendments to the Constitution . . . . . . . . . . . . . . . . . . . . . 19 59Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 23, 27Appeals, Committee on . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 47Ballot Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 52Branches
By-Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 51Mergers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7
BuildingAuthority to Erect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 25Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 46
By-Laws, Branches and State Associations . . . . . . . . . . . . . 15 51Charges Against Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 44Charters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 27Collective Bargaining . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 52Committees
Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 47Ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 52Building Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 46Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 49Credentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 48Fiscal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 46Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 47Mileage & Per Diem . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 48National Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 20
Credentials Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 48Declaration of Invalidity . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 62Delegates to Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 12
Election of Delegates . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14Dues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 24Dues Check-off Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6Elections
AFL-CIO Delegates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 18Convention Delegates . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14National Election Committee . . . . . . . . . . . . . . . . . . . . . 6 20Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 17
Fiscal Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 46Funds
Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 23, 27
150
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Art. PageBand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 25Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 25Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 25Legislative and Political Action . . . . . . . . . . . . . . . . . . . 7 26Political Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 26Public Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 26
Health Plan Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 63Laws, Committee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 47Life Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 9Litigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 54Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5Mergers (Branches) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7Mileage & Per Diem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Committee on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 48General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 50
NALCREST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5Name, of Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3National Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 53National Convention
Convention Committees . . . . . . . . . . . . . . . . . . . . . . . . . . 11 46Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10Delegate Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14Delegates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 12Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 11Order of Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 63Resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 49Site Selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 19
National Election Committee . . . . . . . . . . . . . . . . . . . . . . . . 6 20Objectives of the Association . . . . . . . . . . . . . . . . . . . . . . . . 1 4Officers
Charges Against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 44Duties
Assistant Secretary-Treasurer . . . . . . . . . . . . . . . . . . . 9 36Board of Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 41Director, City Delivery . . . . . . . . . . . . . . . . . . . . . . . 9 37Director, Retired Members . . . . . . . . . . . . . . . . . . . .. 9 39Director, Safety and Health . . . . . . . . . . . . . . . . . . .. 9 38Executive Council . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 41Executive Vice President . . . . . . . . . . . . . . . . . . . . . . 9 32National Business Agents . . . . . . . . . . . . . . . . . . . . . 9 38President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 28Secretary-Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 34Vice President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 33
Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 17Prohibitions Against Dual Positions . . . . . . . . . . . . . . . . 14 51Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 44
151
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Art. PagePolitical Action Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5Postal Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 29Powers, of Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 50Rap Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11Ratification of National Agreement . . . . . . . . . . . . . . . . . . . 16 52Referendum & Amendments to the Constitution . . . . . . . . . 19 59Regional Administrative Assistants . . . . . . . . . . . . . . . . . . . 9 44Removal of Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 44Representation & Vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 12Resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 49Revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 23Special Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 11State Associations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7
By-Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 51Trusteeship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 55
Constitution for the Government ofSubordinate and Federal Branches
Art. PageAmendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 85Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 82Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 78Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 80Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 80Dues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 78Dues Check-off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 67Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 70Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 78Fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 78Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 84Funeral Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 79Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 85Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 68
Order of Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 85Special . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 68
Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 67Application for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 67Resignation of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 67Transfer of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 67
Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 66Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 66Officers
Consolidation of Positions . . . . . . . . . . . . . . . . . . . . . . . . 4 69Duties
Financial Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . 6 75
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Art. PageHealth Benefit Representative . . . . . . . . . . . . . . . . . . 6 77MBA Representative . . . . . . . . . . . . . . . . . . . . . . . . . 6 76President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 72Recording Secretary . . . . . . . . . . . . . . . . . . . . . . . . . 6 74Sergeant-at-Arms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 76Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 76Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 77Vice President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 73
Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 70General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 69Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 72Terms of Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 69
Order of Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 85Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66Sick Relief and Funeral Benefits . . . . . . . . . . . . . . . . . . . . . 8 79Special Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 68
Constitution for the Government ofState Associations
Art. PageAmendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 101Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 100Committees
Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 98Credentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 98Mileage and Per Diem . . . . . . . . . . . . . . . . . . . . . . . . . . 9 98Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 98
Conventions (Meetings)Credentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 98Delegates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 90Order of Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 101Special . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 89Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 88
Delegates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 90Delegates-at-Large . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 91District Associations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 88Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 92Life Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 89Meetings See Conventions (Meetings)Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Forfeiture of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 89General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 88Life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 89
Mileage and Per Diem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 98Name and Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 87
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Art. PageNominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 92Officers
DutiesDelegate-at-Large . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 98Director of Education . . . . . . . . . . . . . . . . . . . . . . . . 8 97Director of Retirees . . . . . . . . . . . . . . . . . . . . . . . . . . 8 97Executive Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 96President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 93Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 94Sergeant-at-Arms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 98Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 95Vice President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 94
Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 92General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 91Nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 92
Order of Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 102Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87Prohibition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 99Referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 99Representation and Vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 90Revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 89Special Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 89Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 90
Constitution of theUnited States Letter CarriersMutual Benefit Association
Art. PageAdministration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 111Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 117Duties of
Board of Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 113Chairperson of the Board of Trustees . . . . . . . . . . . . . . . 6 113Director of Life Insurance . . . . . . . . . . . . . . . . . . . . . . . 6 115President of the NALC . . . . . . . . . . . . . . . . . . . . . . . . . . 6 114
Objects of the MBA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 111Powers of
Board of Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 111NALC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 110
Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 117
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General Lawsof the United States Letter Carriers
Mutual Benefit Association
Law PageAmendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 129Appeal, Rights of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 129Beneficiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 127Benefits, Payment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 126Change of Rate and Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 125Duties of
Chief Medical Examiner . . . . . . . . . . . . . . . . . . . . . . . . . 2 118MBA Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 119Members of MBA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 120
Failure of Designation, Death orDisqualification of Beneficiary . . . . . . . . . . . . . . . . . . . . 8 127
Plans of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 121Qualifications for Membership . . . . . . . . . . . . . . . . . . . . . . 1 118Valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 128
Constitution of the National Association ofLetter Carriers Health Benefit Plan
Art. PageActuarial Soundness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 138Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 132Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 140Board of Trustees
Duties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 134Powers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 133Chairperson of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 135
DirectorDuties of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 136
Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 132Fiscal Year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 138Funds, Disposition, Security and Investment . . . . . . . . . . . . 11 138Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 140Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 131National President, Duties of . . . . . . . . . . . . . . . . . . . . . . . . 7 135Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 131Officers
Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 135Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 132General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 132
Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 131Revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 138
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NOTES
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National Associationof Letter Carriers
As amended through the 68th Biennial ConventionMinneapolis, MinnesotaJuly 23-27, 2012