RESOLUTION TO AMEND THE CONSTITUTION

RESOLUTION TO AMEND THE CONSTITUTION OF THE APWU SAN JOSE AREA LOCAL 73

(As read during the General Membership Meeting on September 12, 2021)


Resolution #1

Whereas, the Local Union office has been fully paid off;

Now therefore be it resolved that the Local Constitution must be amended to remove language that is no longer relevant.

Remove Article 11 Section 5 page 11 of the Local Constitution and re-number paragraphs as needed.

Current language to be removed:

Section 5.  In connection with Article 11 Section 3f of this Constitution, the Treasurer and the President of the Local shall continue to remit a minimum of $2,100.00 monthly mortgage payment to Chase Bank Acct# 451949560001 until the loan secured by the Local’s real estate property at 1879 Lundy Ave Suite 138, San Jose CA 95131 is totally paid off.


Resolution #2

Whereas, the Local Constitution must be amended to preserve our hard earned assets for posterity;

Now therefore be it resolved that the Local Constitution must be amended to preserve our assets as follows:

Remove Article 11 Section 7 page 11 of the Local Constitution and re-number the remaining paragraphs as needed.

Current language to be modified:

Section 7.  The Local’s real estate property located at 1879 Lundy Ave Suite 138, San Jose CA 95131 shall not be sold or made as a collateral for securing a secondary mortgage, loan, equity, etc unless approved by eighty per cent (80%) of all members in good standing.  Such majority approval shall be obtained by mail ballot only and no proxy voting shall be allowed.  Replace highlighted text with “under any circumstances.”

New language:

Section 5.  The Local’s real estate property located at 1879 Lundy Ave Suite 138, San Jose CA 95131 shall not be sold under any circumstances.


Resolution #3

Whereas, the Local Union shall no longer pay any mortgage payments;

Now therefore be it resolved that the Local Constitution must be amended to redirect the “would have been” monthly mortgage payments to benefit the members as follows:

Proposed new language A:

Outstanding membership retirement benefits:

Beginning on January 1, 2022, each member with less than 5 years continuous membership prior to retirement shall receive $100 to be paid on retirement day.

Proposed new language B:

Outstanding membership retirement benefits:

Beginning on January 1, 2022, each member shall receive $200 for every 5 years of continuous membership prior to retirement on retirement day.

Proposed new language C:

Outstanding membership retirement fund:

If the member quits before retirement, the above outstanding membership benefit shall be forfeited and revert to the general retirement fund.  If the member rejoins the Union at a later time, the benefit will start on the date of return to outstanding member status.

Proposed new language D:

Outstanding steward benefits:

Beginning on January 1, 2022, stewards and officers serving as stewards who attend at least 6 general membership meetings and trainings (if available) during the entire year shall receive a refund of their membership dues in December of each year.


Resolution #4

Whereas, there is a need to increase our organizing drive to sign up more members;

Now be it resolved that any member in good standing shall be paid $20 for each new Local 73 member that he/she signs up.


Resolution #5

Whereas, our Local Union has grown about 90% as a result of the merger of four unions;

Whereas, there currently 2 new employee orientations held in the SF Plant and San Jose Plant;

Whereas, the current constitution only provides one Organization Director;

Now therefore be it resolved that a 2nd Organization Director position shall be created to cover the SF Plant. He/she shall receive an Executive Board Fee of $112.50 monthly.

Be it further that the position shall be filled by appointment by the President until subsequently filled in the next Local election of officers.


Resolution #6

Whereas, the Local Constitution must be amended to partially offset inflation;

Now therefore be it resolved that the following appointed officer monthly fees shall be increased as follows:

Health-Dental Plan Rep – from $75 to $100
HR Director – from $75 to $100
Editor – from $75 to $100
Webmaster – from $100 to $200


Resolution #7

Whereas, the unused sick leave of the president has always been reimbursed at 50% only;

Now therefore be it resolved that the unused sick leave of the president shall be reimbursed at 100%.


Resolution #8

Whereas, the electronic age has brought immense changes to communication;

Now therefore be it resolved that “The Reporter” shall be replaced for all intents and purposes by the Local website (www.apwu73.com).

Be it further resolved that the Local Constitution shall be modified to properly insert www.apwu73.com to replace the “The Reporter” and make the resulting language relevant.


Resolution #9

Whereas the COVID-19 pandemic necessitated social distancing for obvious health reasons;

Whereas the advent of COVID-19 pandemic promulgated the use of virtual meetings, conferences, and conventions including trainings,

Whereas it has become extremely difficult to recruit volunteers to serve in committees such as the election committee, the budget committee, CAT, etc

Whereas the ongoing COVID-19 pandemic promulgated the use of virtual meetings conferences, and electronic voting during general elections and midterm elections,

Whereas the Office of Labor Management Standards, US Department of Labor encourages that elections be conducted virtually in order not to delay the election of union officers,

Now therefore be it resolved that the Local Constitution be amended to allow all phases of the local election of officers to be held virtually such as but not limited to Zoom, WebEx, etc.