National Executive Board
To Comply with Federal Law
APWU Web News Article 89-2012, July 24, 2012
The National Executive Board (NEB) has amended the APWU Constitution [PDF] and the APWU Health Plan Constitution [PDF] to comply with provisions of the Affordable Care Act. In making the change, the NEB exercised its authority under Article 22.2 of the union’s constitution, which permits the board to act between conventions to remove conflicts between the union’s bylaws and applicable federal or state law.
The Affordable Care Act allows employees of Indian tribes and tribal organizations to participate in the Federal Employees Health Benefits Program. This participation makes tribal employees eligible to join the APWU Health Plan, and to join the Health Plan an employee must also become an Associate Member of the APWU. Because the APWU Constitution and the Health Plan Constitution do not explicitly allow membership for these employees, it was recommended that both constitutions be clarified to specify that tribal employees are eligible for membership.
The amendments, shown in bold, were adopted by the NEB on July 23, 2012:
Article 3. 5 of the APWU Constitution:
Federal Classified, EAS, Mail Handler, Carrier, Rural Carrier and tribal or tribal organization employees may be accepted as Associate Members for Health Plan participation only. They shall pay Thirty-Five Dollars ($35.00) per annum for this privilege, Five Dollars ($5.00) of which shall go to the local in the area where the Federal Classified, EAS, Mail Handler, Carrier, Rural Carrier or tribal or tribal organization employee is employed.
Article 4.1.e and 4.1.f of the APWU Health Plan Constitution:
The following persons and their dependents shall be eligible to participate in the APWU Health Plan:
e. Any active tribal or tribal organization employee who pays to the National Secretary-Treasurer of the APWU annual associate membership dues in the amount provided by the Constitution and Bylaws of the APWU, AFL-CIO ; and
f. Any survivor/dependent annuitant of a postal, federal, or tribal or tribal organization employee.