The Constitution of
American Federation of
Labor and
Congress of Industrial Organizations
|
Preamble |
| Article I: Name |
| Article II: Objects and Principles |
| Article III: Affiliates |
|
Article IV: Convention |
| Article V: Officers |
|
Article VI: Duties of the President |
| Article VII: Duties of the Secretary-Treasurer |
| Article VIII: Duties of the Executive Vice President |
| Article IX: Executive Council |
| Article X: General Board |
| Article XI: Trade and Industrial Departments |
| Article XII: Committees and Staff Departments |
| Article XIII: State and Local Central Bodies |
| Article
XIV: Local Unions Directly Affiliated to the Federation,
Organizing Committees and National Councils |
| Article XV: Per Capita Tax and Assessments |
| Article XVI: Amendments |
| Article XVII, XVIII and XIX |
| Article XX: Settlement of Internal Disputes |
| Article XXI: Organizing Responsibility Procedures |
Preamble
The American Federation of Labor and Congress of Industrial
Organizations
is an expression of the hopes and aspirations of the
working people of
America.
We resolve to fulfill the yearning of the human spirit for liberty,
justice and
community; to advance individual and associational freedom; to
vanquish
oppression, privation and cruelty in all their forms; and to join
with all
persons, of whatever nationality or faith, who cherish the cause
of
democracy and the call of solidarity, to grace the planet with
these
achievements.
We dedicate ourselves to improving the lives of working families,
bringing
fairness and dignity to the workplace and securing social equity in
the
Nation. We will prevail by building a strong, free and democratic
labor
movement.
We will organize workers into unions allied by common purposes and
mutual
reliance. We will recruit generations of organizers, amass
resources to
sustain their efforts and inspire workers to achieve dignity
and security
through organization and collective bargaining. We will
generate broad
understanding of the necessity of organizing among our
members, our leaders
and all unorganized workers.
We will give political voice to workers in the Nation. We will fight for
an
agenda for working families at all levels of government. We will
assemble
a broad progressive coalition for social and economic justice. We
will
create a political force within the labor movement that will speak
forcefully
and persuasively on the public issues that affect our lives.
We will enable workers to shape a changing global economy. We will
speak
for working people in the international marketplace, in the
industries in
which we are employed, and in the firms where we work. We
will expand the
role of unions to securing worker influence in all the
decisions that affect
our working lives, from capital investment to the
quality of products and
services to how work itself is organized.
We will establish unions as active forces in our communities. We will
make
the voices of working families heard in our neighborhoods. We will
create
vibrant state, local and community labor councils. We will
strengthen the
ties of labor with our allies. We will speak out effectively
and creatively
on behalf of all working Americans.
With confidence and trust in the inherent
power and goodness of our
people and in the virtue and promise of unionism,
we proclaim this
Constitution.
Article I: Name top
This Federation shall be known as the American Federation of Labor
and
Congress of Industrial Organizations. It is established pursuant to and
as
a result of a merger agreement between the American Federation of
Labor
and the Congress of Industrial Organizations. It shall consist of
such
affiliates as shall conform to its constitution and the rules and
regulations
adopted thereunder.
Article II: Objects and Principles top
The objects and principles of this Federation are:
1. To aid workers in securing improved wages, hours and working
conditions
with due regard for the autonomy, integrity and jurisdiction of
affiliated
unions.
2. To aid and assist affiliated unions in extending the benefits of
mutual
assistance and collective bargaining to workers and to promote
the
organization of the unorganized into unions of their own choosing for
their
mutual aid, protection and advancement, giving recognition to
the
principle that both craft and industrial unions are appropriate, equal
and
necessary as methods of union organization.
3. To affiliate national and international unions with this Federation and
to
establish such unions; to form organizing committees and
directly
affiliated local unions and to secure their affiliation to
appropriate national
and international unions affiliated with or chartered by
the Federation; to
establish, assist and promote state and local central
bodies composed of
local unions of all affiliated organizations and directly
affiliated local
unions; to establish and assist trade departments composed
of affiliated
national and international unions and organizing
committees.
4. To encourage all workers without regard to race, creed, color,
sex,
national origin, religion, age, disability or sexual orientation to
share
equally in the full benefits of union organization.
5. To secure legislation which will safeguard and promote the principle
of
free collective bargaining, the rights of workers, farmers and
consumers,
and the security and welfare of all the people and to oppose
legislation
inimical to these objectives.
6. To protect and strengthen our democratic institutions, to secure
full
recognition and enjoyment of the rights and liberties to which we
are
justly entitled, and to preserve and perpetuate the cherished traditions
of
our democracy.
7. To give constructive aid in promoting the cause of peace and freedom
in
the world and to aid, assist and cooperate with free and democratic
labor
movements throughout the world.
8. To preserve and maintain the integrity of each affiliated union in
the
organization to the end that each affiliate shall respect the
established
bargaining relationships of every other affiliate and that each
affiliate shall
refrain from raiding the established bargaining relationship
of any other
affiliate and, at the same time, to encourage the elimination of
conflicting
and duplicating organizations and jurisdictions through the
process of
voluntary agreement or voluntary merger in consultation with
the
appropriate officials of the Federation, to preserve, subject to
the
foregoing, the organizing jurisdiction of each affiliate.
9. To aid and encourage the sale and use of union made goods and
union
services through the use of the union label and other symbols; to
promote
the labor press and other means of furthering the education of the
labor
movement.
10. To protect the labor movement from any and all corrupt influences
and
from the undermining efforts of authoritarianism, totalitarianism,
terrorism
and all other forces that suppress individual liberties and freedom
of
association and oppose the basic principles of our democracy and of
free
and democratic unionism.
11. To safeguard the democratic character of the labor movement and
to
protect the autonomy of each affiliated national and international
union.
12. While preserving the independence of the labor movement from
political
control, to encourage workers to register and vote, to exercise
their full
rights and responsibilities of citizenship, and to perform their
rightful
part in the political life of the local, state and national
communities.
Article III: Affiliates top
Section 1
The Federation shall be composed of: (1) national and
international
unions which are affiliated with, but are not subordinate to,
or subject to
the general direction and control of, the Federation; and (2)
the following
categories of organizations which are subordinate bodies of the
AFL-CIO
subject to the kind and degree of Federation direction and
control
provided for in this Constitution: (a) organizing committees; (b)
directly
affiliated local unions (such as Local Trade Unions, Federal Labor
Unions,
and Local Industrial Unions) and national councils thereof; (c) state
and
local central bodies (such as State and Territorial Federations,
City
Central Labor Unions and Industrial Union Councils); and (d) trade
and
industrial departments.
Section 2
Every affiliate that operated at the time of the merger between
the AFL
and the CIO with a charter or certificate of affiliation issued by
either
federation has, by virtue of the merger, retained and enjoyed the
same
organizing jurisdiction in this Federation which it had and enjoyed
prior to
the merger. In cases of conflicting and duplicating jurisdictions
the
President and the Executive Council shall seek to eliminate
such
conflicts through the process of voluntary agreement or voluntary
merger
between the affiliates involved.
Section 3
(a) Every affiliate that operated at the time of the merger
between the AFL
and the CIO with a charter or certificate of affiliation
issued by either
federation has, by virtue of the merger, been conferred with
a charter or
certificate of affiliation from the AFL-CIO and become subject
to this
Constitution and the AFL-CIO's rules and regulations.
(b) The
Executive Council may issue additional charters or certificates
of
affiliation to other organizations desiring to affiliate with this
Federation.
This power may be delegated to the President. Charters or
certificates of
affiliation shall not be issued to national or international
unions, organizing
committees, or directly affiliated local unions in
conflict with the
jurisdiction of affiliated national or international
unions, except with the
written consent of such unions, and shall be based
upon a strict
recognition that both craft and industrial unions are equal and
necessary
as methods of trade union organization, and that each affiliated
national
and international union is entitled to have its autonomy, integrity
and
jurisdiction protected and preserved.
Section 4
Except as otherwise provided in this constitution no national
or
international union chartered by or affiliated with this Federation may
be
suspended from membership in the Federation except by a
majority
roll-call vote at the convention. No such national or international
union
shall have its charter or certificate of affiliation with the
Federation revoked
except by a two-thirds majority roll-call vote at the
convention.
Section 5
No organization officered, controlled or dominated by persons
whose
policies and activities are consistently directed toward the
achievement of
the program or purposes of authoritarianism, totalitarianism,
terrorism and
other forces that suppress individual liberties and freedom of
association
shall be permitted as an affiliate of this Federation or any of
its state or
local central bodies.
Section 6
Affiliates of the Federation shall be encouraged to eliminate
conflicts and
duplications in organization and jurisdictions through the
process of
voluntary agreement or voluntary merger in consultation with
the
appropriate officials of the Federation.
Article IV: Convention top
Section 1
The convention shall be the supreme governing body of the
Federation
and, except as otherwise provided in this constitution, its
decisions shall
be by a majority vote.
Section 2
The regular conventions of the Federation shall be held every
two years,
beginning in 1955, at a time during the last four months of the
year. The
time and the place for holding the regular conventions shall be
designated
by the Executive Council, which shall give at least 90 days'
notice of the
time and place designated.
Section 3
(a) Special conventions may be called by direction of a
regular
convention, by order of the Executive Council, or on request of
national
and international unions representing a majority of the total
membership
of the Federation, as evidenced by the records of the
Secretary-Treasurer
to the last convention.
(b) In the event a special
convention has been called all affiliated
organizations shall be given at
least 30 days' notice, together with a
statement of the particular subject or
subjects to be considered at such
convention.
(c) Representation to
special conventions shall be on the same basis and
subject to like
qualifications and procedure governing regular conventions.
(d) A special
convention shall be clothed with like authority and power
conferred upon
regular conventions, its decisions shall be equally binding
and it shall be
governed by the same procedure applicable to regular
conventions; however,
such special conventions shall be limited solely to
the subject or subjects
specifically and definitely indicated in the call for
such special
convention.
Section 4
Each national or international union and organizing committee
shall be
entitled to the number of delegates indicated in the following
scale:
Less than 4,000 members 1 delegate
Over 4,000 members 2 delegates
Over
8,000 members 3 delegates
Over 12,000 members 4 delegates
Over 25,000
members 5 delegates
Over 50,000 members 6 delegates
Over 75,000 members 7
delegates
Over 125,000 members 8 delegates
Over 175,000 members 9
delegates
plus one additional delegate for each 75,000
members over
175,000.
Each directly affiliated local union and each national trade and
industrial
department shall be entitled to one delegate. Each industrial
union
council and each state or local central body shall be entitled to
one
delegate. Directly affiliated local unions, with the approval of
the
President, may combine with other such unions within a
reasonable
distance to elect a single delegate to represent such unions.
Section 5
Delegates to a regular convention of the Federation shall be
elected or
otherwise designated by the affiliate at least 30 days prior to
the
convention, except in cases in which the convention of the affiliate
meets
within this 30-day period. The names of the delegates shall be
forwarded
to the Secretary-Treasurer of the Federation immediately after
their
selection.
Section 6
No organization whose affiliation with this Federation or a
national or
international union or organizing committee affiliated with this
Federation
has been forfeited, suspended or terminated, and no affiliate
or
subordinate body of such an organization, shall, while unaffiliated,
be
allowed representation or recognition in the Federation, or in
any
subordinate body thereof or in any national or international union
or
organizing committee affiliated with this Federation. Any affiliate
violating
this section shall be subject to suspension from the AFL-CIO. No
affiliate
which, at the opening date of the convention, is in arrears to
the
Federation for per capita tax or assessments for two months or
more
shall be entitled to recognition or representation in the convention.
Section 7
No organization shall be entitled to representation unless
such
organization has applied for and obtained a certificate of affiliation
at least
one month prior to the convention, and no person shall be recognized
as
a delegate who is not a member in good standing of the organization
he
or she is selected to represent.
Section 8
The number of members of each national and international
union,
organizing committee and directly affiliated local union for the
purpose of
selecting delegates and for roll-call votes at the convention
shall be the
average monthly number on which per capita tax is paid for the
24-month
period ending June 30 of the year the convention is held. Where,
during
that 24-month period, two affiliates have merged, the per capita
payments
made by the two affiliates prior to the merger shall be used in
making the
calculation called for by the prior sentence. Except as otherwise
provided
herein, where affiliation has occurred during the 24-month period,
the
average shall be computed from the month of affiliation, and the number
of
members shall be deemed to be one twenty-fourth of such average
for
each month for which per capita tax has been paid. Beginning in
1987,
where affiliation has occurred during the 24-month period, where, prior
to
affiliation, the newly chartered affiliate was a component part of
another
affiliate, and unless the affected affiliates agree to a different
division, for
the period prior to the division of the preexisting affiliate
each of the
affiliates in question shall be credited with the average monthly
number of
members on which the preexisting affiliate paid per capita
multiplied by a
fraction whose numerator is the number of members on which
the affiliate
paid per capita during the first month after the preexisting
affiliate divided,
and whose denominator is the total number of members on
which both
affiliates pay per capita during the first month after the
division. The
Secretary-Treasurer shall prepare for the use of the convention
and
submit to it a printed list showing the number of votes and the number
of
delegates to which each affiliate is entitled.
Section 9
The President shall appoint, in consultation with the Executive
Council,
prior to the opening date of the convention and subject to the
approval of
the convention, such committees as are necessary to conduct the
affairs
of the convention. Such committees may meet before the opening date
of
the convention and shall proceed to consider all resolutions,
appeals,
reports, and constitutional amendments submitted to the convention,
and
shall report thereon to the convention.
Section 10
(a) All resolutions, petitions, memorials and appeals to be
considered by
any convention of the Federation must be received by
the
Secretary-Treasurer at headquarters in Washington, D. C., 30
days
immediately preceding the opening of the convention; except in
instances
where such matters have been acted upon and approved at a
regular
convention of a national or international union, or state central
body, or
national trade and industrial department held during this 30-day
period in
which event such proposals shall be received up to the opening date
of
the convention.
(b) All resolutions, petitions, memorials and appeals
received or
submitted after the time stipulated above or during the
convention shall be
referred to the Executive Council, and the Executive
Council shall refer all
such proposal or proposals to the convention with the
understanding that
consideration of such proposal or proposals is dependent
upon the
unanimous consent of the convention.
(c) Any or all proposals
emanating from directly affiliated local unions
shall be referred to the
Executive Council for consideration and
disposition. The Executive Council
shall in turn advise the convention of
the disposition made of such proposal
or proposals.
(d) Proposals emanating from state central bodies to
receive
consideration of a convention must first have received the approval
of the
previous convention of the state central body involved. In the case of
local
central bodies any proposal or proposals to be considered must have
first
received the approval of such central labor body at a regularly
constituted
meeting of such organization.
(e) Each resolution, memorial,
petition or appeal properly received for
consideration by the convention, as
soon as practical after receipt
thereof, shall be classified by the President
as to nature, contents and
subject matter and referred by him to an
appropriate committee, which
committee shall make a report thereon to the
convention prior to
consideration of any such matter by the convention. He
shall cause to be
distributed copies of such resolutions, petitions,
memorials or appeals to
the delegates of the convention at the opening
session thereof or as soon
thereafter as practical, but before any such
matters are considered by the
convention.
(f) Notwithstanding the
provisions of subsections (a) or (b) of this section
10, the Executive
Council may present constitutional amendments or
resolutions to the
Convention at any time during the Convention without
requiring unanimous
consent of the convention.
Section 11
Not less than 60 days prior to the opening of each regular
convention, the
Secretary-Treasurer shall furnish each affiliate with
credential blanks in
duplicate, which must be attested as required on the
blanks. The
duplicate shall be retained by the delegate, and the original
sent to the
Secretary-Treasurer. Subject to the provisions of Section 5 of
this Article,
no credentials shall be accepted later than 20 days prior to
the opening
date of the convention.
Section 12
Prior to the opening date of the convention, the Executive
Council shall
meet and constitute itself or a subcommittee as the
Credentials
Committee for the convention. Appeals from its decisions may be
made
to the floor of the convention. The convention shall not be constituted
for
business until after the Credentials Committee shall have examined
and
reported on credentials of all delegates present at the scheduled time
on
the opening date of the convention.
Section 13
All members of the Executive Council who are not elected as
delegates
shall be ex officio delegates to the convention with all the rights
and
privileges of elected delegates, but without vote.
Section 14
Fraternal delegates attending conventions of the Federation
shall be
entitled to all the rights of delegates but shall not be entitled to
vote.
Section 15
At the opening of the convention the President shall take the
chair and
call the convention to order, and preside during its sessions.
Section 16
One-fourth of the delegates seated at any convention shall
constitute a
quorum for the transaction of business.
Section 17
Questions may be decided by division or a show of hands, but a
call of
the roll may be demanded by 30 percent of the delegates present.
Upon
such roll call each delegate representing affiliated national or
international
unions, organizing committees and directly affiliated local
unions shall be
entitled to cast one vote for every member whom he
represents. Each
state and local central body and national trade and
industrial department
shall be entitled to one vote.
Section 18
The rules and order of business governing the preceding
convention shall
be enforced from the opening of any convention of the
Federation until
new rules have been adopted by action of the convention.
Section 19
Unless otherwise specified, any action taken by the convention
shall take
effect immediately upon adoption.
Section 1
The officers shall consist of a President, a
Secretary-Treasurer and an
Executive Vice President, who shall be the
Executive Officers, and 51
Vice Presidents; provided that between Conventions
the Executive
Council shall have the power in the event of an affiliation
with the AFL-CIO
of a presently unaffiliated national or international union,
after taking all
the circumstances into account, to create an additional Vice
Presidency
pending the next regular election of Vice Presidents and to select
an
individual to fill that position from the time of the Council's action
until that
election.
Section 2
Each officer shall be a member of an affiliated
organization.
Section 3
(a) Beginning in 1997, the officers shall be elected at every
other regular
convention for a term of four years.
(b) The election shall
be conducted by written ballot, with each affiliate
having the number of
votes to which it is entitled on a roll-call vote, as
provided in Article
IV.
(c) Nominations shall take place on the third and election on the
fourth
day of the Convention, provided that the time of the nominations
and
election may be altered by the delegates at the first day of the
Convention
by majority vote.
(d) The Executive Officers shall be elected
by majority vote. In the event
that more than two candidates are nominated
for President,
Secretary-Treasurer or Executive Vice President, and no one
candidate
receives a majority of the votes cast, all except the two
candidates
receiving the highest votes shall be eliminated from the list of
candidates
and a second vote taken.
(e) The Vice Presidents shall be
elected by plurality vote, and the 51
candidates receiving the highest number
of votes shall be elected. In the
event of a tie vote, a second vote will be
taken only among the candidates
whose tie prevented the election of 51 Vice
Presidents. The candidates
for Vice President shall be listed on the ballot
in the order in which
nominated. Any slate for vice presidential candidates
presented to the
Convention during the nomination process shall devote no
fewer than 10
positions to carrying out the commitment to an Executive
Council that is
broadly representative of the diversity of the membership of
the labor
movement, including its women members and its members of color.
Each
ballot must, to be valid, be voted for 51 candidates for Vice President
and
must cast the full voting strength of the delegate or affiliate
voting.
(f) The ballot shall be signed by the delegate voting and shall show
the
affiliate and the voting strength of the delegate. If an affiliate votes
by bloc,
the ballot shall be signed by the chairman of the delegation and
shall
show the affiliate and its voting strength.
(g) Each candidate may
designate an observer who may be present
during the tabulation of the signed
ballots.
(h) The results of the election, including each delegate's vote,
shall
become an official part of the convention record.
Section 4
Each officer elected at the convention shall take office
immediately upon
his or her election and shall serve until his or her
successor is elected.
Section 5
(a) In the event of a vacancy in the office of either the
President or the
Secretary Treasurer by reason of death, resignation, or
otherwise, the
remaining Executive Officer, other than the Executive Vice
President,
shall perform the duties of the vacant office until a successor is
elected.
Such executive officer shall issue, within 10 days of the date of
the
vacancy, a call for a meeting of the Executive Council, upon 10
days'
notice, for the purpose of electing a successor to fill the vacancy for
the
unexpired term.
(b) In the event of a vacancy in the office of
Executive Vice President by
reason of death, resignation, or otherwise, the
Secretary-Treasurer shall
perform the duties of the Executive Vice President
until a successor is
elected. The President shall issue, within 10 days of
the date of the
vacancy, a call for a meeting of the Executive Council, upon
10 days'
notice, for the purpose of electing a successor to fill the vacancy
for the
unexpired term.
(c) In the event of simultaneous vacancies in two
of the three Executive
Offices, the remaining Executive Officer shall perform
the duties of the
vacant offices until successors are elected. The remaining
Executive
Officer shall issue, within 10 days of the date of the vacancies, a
call for a
meeting of the Executive Council, upon 10 days' notice, for the
purpose of
electing successors to fill the vacancies for the unexpired
terms.
(d) In the event of simultaneous vacancies in all three Executive
Offices,
the senior Vice President shall perform the duties of the vacant
offices
until successors are elected. The senior Vice President shall
issue,
within 10 days of the date of the vacancies, a call for a meeting of
the
Executive Council, upon 10 days' notice, for the purpose of
electing
successors to fill the vacancies for the unexpired terms.
Section 6
In the event of a vacancy in the office of Vice President by
reason of
death, resignation, or otherwise, the Executive Council shall have
the
power to fill the vacancy by majority vote of all its members for
the
remainder of the unexpired term.
Section 7
The national headquarters of the Federation shall be maintained
by the
Executive Officers at Washington, D.C.
Section 8
The Executive Officers shall, by virtue of their office, hold
title to the real
estate of the Federation as trustees for the
Federation.
Section 9
The President, Secretary-Treasurer, and Executive Vice President
of the
Federation, or any one of them, after having served five years as
an
Executive Officer of the Federation and either having reached age 65
or
having served in any capacity a total of 20 years with any
organization
affiliated with the Federation, and/or with the Federation,
shall, upon
leaving office, have the title of President Emeritus,
Secretary-Treasurer
Emeritus and Executive Vice President Emeritus and shall
render such
service to the Federation in an advisory and consultative status
as is
mutually agreed to by the Executive Council and the emeritus officer.
The
President Emeritus, Secretary-Treasurer Emeritus and Executive
Vice
President Emeritus shall, in consideration of their active service prior
to
leaving office, be afforded for life a pension, payable weekly, in an
annual
amount equal to 60 percent of either the highest annual salary
received
as an Executive Officer or thereafter paid to the corresponding
Executive
Officer of this Federation, whichever is greater. If, after
attaining eligibility
for this pension, such Executive Officer shall die,
either before or after
receiving such pension, the Officer's surviving spouse
shall be paid an
annual annuity for life, payable in weekly installments, of
30 percent of
either the highest salary received by such Executive Officer,
as an
Executive Officer, or thereafter paid to the corresponding Executive
Officer
of this Federation, whichever is greater. The Executive Council
is
authorized and directed to enter into a legal and binding agreement
with
the President, the Secretary-Treasurer, and with the Executive
Vice
President to make these retirement compensation and annuity
benefits
payable by the Federation for their intended duration pursuant to
the
terms and conditions of this Section. The Executive Council is
also
authorized to provide, after such benefits become non-forfeitable, for
(a)
the cash-out of a portion of these retirement compensation and
annuity
benefits (through accelerated payment of the present value thereof)
where
the officer will be subject to taxes on the value of benefits not
yet
otherwise payable, and (b) appropriate arrangements, including
payment
by the Federation, for payment of employment taxes attributable to
these
retirement compensation and annuity benefits.
Section 10
No individual shall be eligible to serve either as an Executive
Officer or as
a member of the Executive Council who consistently pursues
policies and
activities directed toward the achievement of the program or
purposes of
authoritarianism, totalitarianism, terrorism and other forces
that suppress
individual liberties and freedom of association.
Section 11
The Executive Officers shall be bonded for the faithful
performance of their
duties in such amounts as may be determined by the
Executive Council.
Article VI: Duties of the President top
Section 1
The President shall function as the chief executive officer
of the
Federation. He shall exercise supervision of the affairs of the
Federation,
sign all official documents and preside at regular and special
conventions,
and at meetings of the Executive Council, and General Board. He
shall
call meetings of the Executive Council at least three times each
year.
Section 2
The President shall have authority to interpret the constitution
between
meetings of the Executive Council, and his interpretation shall
be
conclusive and in full force and effect unless reversed or changed by
the
Executive Council or a convention.
Section 3
The President shall have special responsibility and authority to
oversee
the organizing work of the Federation as set forth in Article IX,
Section 8,
and to provide the direction, staff, and resources necessary to
conduct
such activities.
Section 4
The President shall receive for his services a salary of
$192,500 per
annum, payable weekly. The Executive Council is empowered
between
Conventions to make such increases in the President's annual salary
as
the Council determines are warranted. Each Report of the
Executive
Council to a biennial convention shall specify any action taken
since the
preceding Report pursuant to this provision and the President's
annual
salary as adjusted at the time of the Report.
Section 5
The appointment and compensation, direction, suspension and
removal of
organizers, representatives, agents and employees of the
Federation
shall be under the direction of the President.
Section 6
The President shall make a report of the administration of his
office and of
the affairs of the Federation to the convention through the
report of the
Executive Council.
Article VII: Duties of the Secretary-Treasurer top
Section 1
The Secretary-Treasurer shall be the chief financial
officer of the
Federation and shall receive and collect all moneys due the
Federation
which moneys shall be paid out only on the approval of the
President.
Section 2
The Secretary-Treasurer shall be in charge of and preserve all
moneys,
properties, securities and other evidences of investment,
books,
documents, files and effects of the Federation which shall at all
times be
subject to the inspection of the President and Executive
Council.
Section 3
The Secretary-Treasurer shall issue the call for and act as
secretary at
conventions, and shall cause the proceedings of all conventions
and all
sessions of the Executive Council and General Board to be
recorded.
Section 4
It shall be the duty of each national and international union,
organizing
committee, each trade and industrial department, state and local
central
bodies and each directly affiliated local union to furnish
the
Secretary-Treasurer a copy of all official reports issued by such
affiliates
or organizations together with a statement of their membership in
good
standing and to furnish such additional statistical data in their
possession
relating to the membership as may be called for by
the
Secretary-Treasurer of this Federation.
Section 5
The Secretary-Treasurer shall report to the biennial convention
of the
Federation through the report of the Executive Council, and for
his
services he shall receive $165,000 per annum, payable weekly.
The
Executive Council is empowered between Conventions to make
such
increases in the Secretary-Treasurer's annual salary as the
Council
determines are appropriate. Each Report of the Executive Council to
a
biennial convention shall specify any action taken since the
preceding
Report pursuant to this provision and the Secretary Treasurer's
annual
salary as adjusted at the time of the Report.
Section 6
The Secretary-Treasurer shall print annually a financial
statement of the
Federation and forward a copy thereof to all affiliated
national and
international unions, organizing committees, directly affiliated
local unions
and state and local central bodies.
Section 7
The Secretary-Treasurer shall be required to provide for an
annual audit of
all books, accounts, records and financial transactions of
the Federation
by an independent public accountant. Such audits shall be
furnished to
the Executive Council and a biennial audit shall be furnished to
the
convention.
Section 8
The Secretary-Treasurer shall, under the direction and
instructions of the
Executive Council, invest the surplus funds of the
Federation in sound
securities or deposit the same in a bank or banks.
Article VIII: Duties of the Executive Vice President top
Section 1
The Executive Vice President shall aid the President in
performing the
duties of chief executive officer of the Federation and shall
act on behalf of
the President when requested to do so. The Executive Vice
President
shall administer those departments, functions, and
responsibilities
assigned by the President.
Section 2
The Executive Vice President shall receive the same compensation
and
benefits as the Secretary-Treasurer, including any increases that may
be
granted to the Secretary Treasurer by the Executive Council
between
Conventions. Each Report of the Executive Council to a
biennial
convention shall specify any action taken since the preceding
Report
pursuant to this provision and the Executive Vice President's
annual
salary as adjusted at the time of the Report.
Section 3
The Executive Vice President shall report on the administration
of the
office to the Convention through the Report of the Executive
Council.
Article IX: Executive Council top
Section 1
The Executive Council shall consist of the President,
the
Secretary-Treasurer, the Executive Vice President and the
Vice
Presidents.
Section 2
The Executive Council shall be the governing body of this
Federation
between conventions. It is authorized and empowered to take such
action
and render such decisions as may be necessary to carry out fully
and
adequately the decisions and instructions of the conventions and
to
enforce the provisions contained in this constitution. Between
conventions
it shall have the power to direct the affairs of the Federation
and to take
such actions and render such decisions as are necessary
and
appropriate to safeguard and promote the best interests of the
Federation
and its affiliated unions, including the organization of
unorganized
industries by means most appropriate for that purpose.
Section 3
The Executive Council shall meet upon the call of the President
at least
three times within each year at a time and place designated by
the
President.
Section 4
It shall be the duty of the Executive Council to watch
legislative measures
directly affecting the interests of working people, and
to initiate, wherever
necessary, such legislative action as the convention
may direct.
Section 5
The Executive Council shall prepare and present to the
convention in
printed form a statement of all matters of interest to the
convention and of
the activities of the Federation between the
conventions.
Section 6
The Executive Council shall have power to make rules to govern
matters
consistent with this constitution and shall report accordingly to
the
Federation.
Section 7 top
It
is a basic principle of this Federation that it must be and remain free
from
any and all corrupt influences and from the undermining efforts
of
authoritarianism, totalitarianism, terrorism and other forces that
suppress
individual liberties and freedom of association and oppose the
basic
principles of our democracy and of free and democratic trade
unionism.
The Executive Council, when requested to do so by the President or
by
any other member of the Executive Council, shall have the power
to
conduct an investigation, directly or through an appropriate standing
or
special committee appointed by the President, of any situation in
which
there is reason to believe that any affiliate is dominated, controlled
or
substantially influenced in the conduct of its affairs by any
corrupt
influence, or that the policies or activities of any affiliate are
consistently
directed toward the achievement of the program or purposes
of
authoritarianism, totalitarianism, terrorism and other forces that
suppress
individual liberties and freedom of association and oppose the
basic
principles of free and democratic trade unionism. Upon the completion
of
such an investigation, including a hearing if requested, the
Executive
Council shall have the authority to make recommendations or
give
directions to the affiliate involved and shall have further authority,
upon a
two-thirds vote, to suspend any affiliate found guilty of a violation
of this
section. Any action of the Executive Council under this section may
be
appealed to the convention; provided, however, that such action shall
be
effective when taken and shall remain in full force and effect pending
any
appeal.
Section 8
Subject to the provisions of Article III, Section 3(b), the
Executive Council
shall use every possible means to assist affiliated unions
in the
organization of the unorganized and to organize new national
and
international unions, organizing committees, and directly affiliated
local
unions.
Until such time as it is feasible to form a new national or
international
union composed of directly affiliated local unions or to
affiliate such
unions with an existing affiliated national or international
union within
whose jurisdiction they might properly come, the Executive
Council may
group such directly affiliated local unions, in a particular
craft or industry,
into national councils or organizing committees which
shall be under the
direct supervision and control of the Executive Council
and the President.
Section 9
In carrying out the provisions of this Article the Executive
Council shall
recognize that both craft and industrial unions are
appropriate, equal and
necessary as methods of trade union organization and
that all workers,
whatever their race, color, creed, sex, national origin,
religion, age,
disability or sexual orientation, are entitled to share in the
full benefits of
trade union organization.
Section 10
A majority of the members of the Executive Council shall
constitute a
quorum for the transaction of the business of the Council.
Section 11
The Executive Council shall have the power to file charges and
conduct
hearings on such charges against any Executive Officer of the
Federation
or other member of the Executive Council on the ground that such
person
is guilty of malfeasance or maladministration, and to make a report to
the
convention recommending appropriate action. The Executive Council
must
serve such officer with a copy of the written charges within a
reasonable
time before the hearing.
Section 12
The Executive Council shall have the further power to refuse to
seat or to
remove from office any member of the Executive Council, or to
remove
from office any officer, who is found by the Council, by a two-thirds
vote
after notice and hearing, to be ineligible to serve under the provisions
of
Article V, Section 10. Any action of the Executive Council under
this
section may be appealed to the convention, provided, however, that
such
action shall be effective when taken and shall remain in full force
and
effect pending any appeal.
Section 13
In any case in which an affiliate has been suspended from
membership,
in the Federation by the convention, or by a two-thirds vote of
the
Executive Council in the cases set forth in Section 7 of this Article,
and in
which it is shown that the cause for such suspension no longer
exists,
the Executive Council shall have the power, upon a two-thirds vote,
to
terminate such suspension.
Section 14
No affiliated national or international union or organizing
committee shall
be permitted to change its title or name without first having
obtained the
consent and approval of the Executive Council or the
convention.
Section 15
The Executive Council shall be authorized to reimburse members
of the
Council for necessary expenses in performing their duties for
the
Federation.
Section 16
The Executive Council shall be authorized by a two-thirds vote
to: (i)
adopt an ethical practices code that covers the executive officers
and
employees of the AFL-CIO and the state and local central bodies and
to
establish an appropriate enforcement system and appropriate
sanctions
for violations of such code; and (ii) require trade and
industrial
departments and national and international unions affiliated with
the
AFL-CIO to adopt and enforce within their own organizations
ethical
practices codes that are consistent with the AFL-CIO code and
to
establish appropriate sanctions for non-compliance with this
requirement.
In the event the sanctions provided for by the Executive Council
include
suspension from the AFL-CIO or from AFL-CIO office, that sanction
may
be imposed only on a two-thirds vote of the Council after an
appropriate
hearing.
Section 1
The General Board of the Federation shall consist of all of the
members of
the Executive Council of the Federation and the president or
other
principal officer of each of the affiliated national or international
unions and
each trade and industrial department and of the state central
bodies
selected on a regional basis determined by the Executive Council
and
pursuant to a selection system promulgated by the Council.
Section 2
The General Board shall meet upon the call of the President of
the
Federation or of the Executive Council.
Section 3
The General Board shall decide all policy questions referred to
it by the
Executive Officers or by the Executive Council.
Section 4
Questions coming before the General Board shall be decided
in
accordance with the applicable provision of Section 17 of Article IV of
this
constitution with the president or other principal officer of each
affiliated
national or international union casting the vote of such union,
the
president or other principal officer of each department casting the
one
vote of such department, and the regional representatives of the
state
central bodies casting one vote each. The number of members of
each
national or international union on a roll-call vote of the General Board
shall
be deemed to be the number of members represented at the
last
preceding convention except in the case where affiliation has
occurred
subsequent to such convention or within a 24-month period prior to
and
including the second month preceding such convention. In such
cases
the number of members of such affiliate shall be deemed to be
one
twenty-fourth of the average membership for which per capita tax
was
paid for each month, prior to the meeting of the General Board, for
which
such tax was paid. The Executive Council shall consist of the
President,
the Secretary-Treasurer, the Executive Vice President and the
Vice
Presidents.
Article XI: Trade and Industrial Departments top
Section 1
The Trade and Industrial Departments shall be subordinate to
the
Federation and shall consist of the following: Building and
Construction
Trades Department; Food and Allied Service Trades
Department;
Industrial Union Department; Maritime Trades Department; Metal
Trades
Department; Department for Professional Employees; Public
Employee
Department; Department of Transportation Trades and Union Label
and
Service Trades Department and such other departments as may
be
established by the Executive Council or the convention. Each
department
is to manage and finance its own affairs and may establish local
councils
of departments. Affiliation to the departments in the Federation
shall be
open to all appropriate affiliated national and international unions
and
organizing committees.
Section 2
To be entitled to representation in any department,
international unions
and organizing committees eligible to join it must first
be and remain in
affiliation to the Federation.
Section 3
To be entitled to representation in local councils of
departments, local
unions are required to be part of affiliated national and
international unions
and organizing committees affiliated to departments or
to be directly
affiliated to the Federation.
Section 4
The fundamental laws and procedure of each department are to
conform
to and be administered in the same manner as the laws and
procedure
governing the Federation. No department or local council of the
same
shall enact laws, rules or regulations in conflict with the laws
and
procedure governing the Federation, and in the event of change of
laws,
rules, regulations and procedures of the latter, departments and
local
councils are to change their laws, rules and regulations to
conform
thereto.
Section 5
Each department is to be considered an official method of the
Federation
for transacting the portion of its business indicated by the name
of the
department, in consequence of which affiliated and eligible
organizations
should be part of their respective departments and should
comply with the
actions and decisions of such departments, subject to appeal
therefrom
to the Executive Council and the conventions of the Federation.
An
organization affiliated with one or more departments shall pay per
capita
tax to each such department upon the number of members
whose
occupation comes under such department.
Section 6
The officers of the various departments shall, during years in
which an
AFL-CIO convention is held, submit a report of the work done by
their
department and its general condition to the President for inclusion in
the
Executive Council report to the convention, and shall during years
in
which a convention is not held, submit such a report to the President
for
presentation to an Executive Council meeting designated by
the
President.
Section 7
The chief executive officer of each department shall be present
at all
regular meetings of the Executive Council of the Federation.
Section 8
Departments of the Federation shall have their headquarters
in
Washington, D.C., and in the headquarters of the Federation
unless
permitted to locate elsewhere.
Article XII: Committees and Staff Departments top
Section 1
The President, with the approval of the Executive Council,
shall create
such committees as may be necessary or advisable in order to
pursue
the objects of the Federation and develop and implement policies of
the
Executive Council. Committees shall be composed of Executive
Council
members and such other persons as the President appoints.
Section 2
Staff departments shall be established where appropriate under
the
direction of the President to function in the fields of activity
described
above and in such other fields as may be determined by the
President,
the Executive Council or the convention.
Section 3
The Committees and staff departments shall have adequate staff
which
shall be under the general direction of the President of the
Federation.
Section 1
Central bodies subordinate to the Federation may be
established upon a
city, state or other regional basis as may be deemed
advisable by the
Executive Council and shall be composed exclusively of
locals of national
and international unions and organizing committees,
affiliated with the
Federation, directly affiliated local unions, local
central bodies within the
geographical limits of state and regional bodies,
and such other
subordinate bodies as the Executive Council may determine are
eligible
for affiliation.
Section 2
(a) It shall be the duty of all national and international
unions and
organizing committees affiliated with the Federation to instruct
their local
unions to join affiliated central labor bodies in their vicinity
where such
exist. Similar instructions shall be given by the Federation to
all local
unions affiliated directly to it.
(b) A national or
international union affiliated with the Federation may
affiliate its entire
membership with the appropriate state central bodies by
paying to the AFL-CIO
monthly a state central body national affiliation fee
equal to 75 percent of
the per capita charged by the various state bodies
weighted to reflect the
distribution of the union's membership among the
states. If a union elects to
pay this national affiliation fee, each local of
that union (or other
eligible subordinate body as determined by the
Executive Council) will be
entitled to membership in the appropriate state
central body, and each of
those locals will be entitled to full voting
strength in its state central
body. The national affiliation fees received by
the AFL-CIO will be rebated
to the state central bodies on the basis of
their membership, per capita
rates, and needs. The Executive Council
shall establish procedures for
calculating the amount of the fee due from
any union electing to pay the
national affiliation fee, for determining the
voting strength of the union's
locals within the various state central
bodies, and shall take such other
steps as are necessary to implement
this section.
Section 3
The Executive Council of the Federation shall issue rules
governing the
conduct, activities, affairs, finances and property of central
labor bodies
and providing procedures for the discipline, including
suspension and
expulsion, of such bodies or their officers. Such rules shall
define the
powers of the President, or his designee, with respect to
disciplinary
action against central labor bodies, or their officers. They
shall provide for
notice and hearing in all cases in which such action is
taken, but shall
permit emergency action (including the authority to suspend
officers an d
establish a trusteeship over such central labor bodies and
their property)
prior to hearing where in the opinion of the President the
interests of the
Federation so require. The rules shall further provide for
appeals to the
Appeals Committee of the Executive Council, composed of five
Vice
Presidents of the AFL-CIO appointed by the President of the
AFL-CIO
with the approval of the Executive Council and shall also provide
that
decisions appealed from shall remain in full force and effect pending
any
appeal.
Section 4
Upon the dissolution, suspension or revocation of the charter of
any state
or local central body, all funds and property of any character
shall revert
to the Federation to be held in trust until such time that the
suspended or
defunct organization may be reorganized and be able to confine
its
activities and actions to conform with the constitution and laws of
this
Federation. It shall be the duty of the officers of a state or local
central
body which has been dissolved or whose charter has been suspended
or
revoked, or which has been placed under trusteeship under Section 3
of
this Article, to deliver all funds and property to the President of
the
Federation or his designated representative. In the event of a failure
or
refusal to so deliver such funds and property, all expenses incurred by
the
Federation in recovering such funds and property shall be a lawful
charge
upon the funds and property involved and, on recovery thereof,
the
Federation shall reimburse itself from the funds and prop erty
recovered.
Article XIV: Local Unions Directly
top
Affiliated to the Federation,
Organizing Committees and National
Councils
Section 1
Subject to the provisions of Article III, Section 3(b), the
Federation is
authorized to issue charters and certificates of affiliation to
organizing
committees and directly affiliated local unions.
Section 2
The Executive Council of the Federation shall issue rules
governing the
conduct, activities, affairs, finances and property of
organizing
committees, national councils, and directly affiliated local
unions, and
governing the suspension, expulsion and termination of
such
organizations. Such rules shall define the powers of the President, or
his
designee, with respect to disciplinary action against such
organizations
or their officers. They shall provide for notice and hearing in
all cases in
which such action is taken with respect to directly affiliated
local unions,
but shall permit emergency action (including the authority to
suspend
officers and establish a trusteeship over such local unions and
their
property) prior to hearing where in the opinion of the President
the
interests of the Federation so require. The rules shall further provide
for
appeals to the Appeals Committee of the Executive Council, composed
of
five Vice Presidents of the AFL-CIO appointed by the President of
the
AFL-CIO with the approval of the Executive Council and shall also
provide
that decisions appealed from shall remain in full force and effect
pending
any appeal.
Upon the dissolution, suspension or revocation of the
charter of any such
organizations, all funds and property of any character
shall revert to the
Federation, which shall to the extent appropriate hold
such funds and
property in trust until such time that the suspended or
defunct
organization may be reorganized and be able to confine its activities
and
actions to conform with the constitution and laws of this Federation.
It
shall be the duty of the officers of any such organization which has
been
dissolved or whose charter has been suspended or revoked to deliver
all
funds and property to the President of the Federation or his or
her
designated representative. In the event of a failure or refusal to so
deliver
such funds and property, all expenses incurred by the Federation
in
recovering such funds and property shall be a lawful charge upon
the
funds and property involved and, on recovery thereof, the Federation
shall
reimburse itself from the funds and property recovered.
Section 3
It shall be the duty of the Executive Council to combine
directly affiliated
local unions in related fields into national or
international unions,
organizing committees or national councils when such
action appears to
be appropriate. Any local union directly affiliated to the
Federation or a
group of such local unions may request the Executive Council
to
authorize such combination.
When directly affiliated local unions are
grouped into an organizing
committee, they shall become locals of the
organizing committee. The
organizing committee shall have the same status as
a national or
international union under this constitution except that it
shall be under the
direct supervision and control of this Federation, as
provided herein.
When directly affiliated local unions are grouped into a
national council,
they shall remain local unions directly affiliated with
this Federation.
Section 4
The per capita payment to the Federation by local unions
directly
affiliated to it shall be determined by the Executive Council and
shall not
be less than $5.00 per month.
Article XV: Per Capita Tax and Assessments top
Section 1
A per capita tax shall be paid upon the full paid-up membership
of each
affiliated national or international union, organizing committee and
directly
affiliated local union.
Section 2
For the period ending with per capita payments for the month
of
December 1997, each national or international union and
organizing
committee shall pay on or before the fifteenth day of each month,
for the
preceding month, a per capita tax of 42 cents per member per
month.
Beginning with per capita payments for the month of January 1998,
each
national or international union and organizing committee shall pay on
or
before the fifteenth day of each month, for the preceding month, a
per
capita tax of 45 cents per member per month. Beginning with per
capita
payments for the month of January 1999, each national or
international
union and organizing committee shall pay on or before the
fifteenth day of
each month, for the preceding month, a per capita tax of 47
cents per
member per month. And beginning with such payments for the month
of
January 2000, the monthly per capita tax shall be 48 cents.
Section 3
The Executive Council shall have the authority, by a two-thirds
vote, to
establish a target state central body affiliation level for any
calendar year
beginning with January 1992, and to increase the per capita tax
specified
in Article XV, Section 2, by one cent per member per month for
the
succeeding years, provided that said increase shall be payable only by
a
national or international union or organizing committee that was
not
paying the national affiliation fee provided for in Article XIII, Section
2(b),
and did not achieve a level of affiliation with the appropriate state
central
bodies specified by the Council, as reflected in its AFL-CIO per
capita
payments. The Council shall determine the method for computing
the
target affiliation levels of the national or international unions
and
organizing committees.
Section 4
The per capita payment with respect to any category of
associate
membership a national or international union maintains for
individuals who
are not treated as regular members of the union with the full
range of
international union political rights accorded regular members, who
pay
lesser dues to that union than the dues paid by the individuals in
the
most comparable regular member category, and who receive less than
the
full range of the union's representation services shall be two-thirds of
the
regular per capita of the AFL CIO, to the nearest whole cent.
Section 5
Directly affiliated local unions shall pay on or before the
fifteenth day of
each month, for the preceding month, a per capita tax of not
less than
$5.00 per member per month, as provided for in the rules governing
the
organization and activities of such directly affiliated local unions.
Each
directly affiliated local union shall also pay to the Federation a
portion, to
be fixed by the Executive Council, of the initiation fee received
by such
union from its members, but such payment to the Federation shall in
no
case be less than $5.00 per member.
Section 6
Revenue may also be derived from assessments when and as ordered
by
a majority vote of a convention. The Executive Council may also
declare
an assessment not to exceed four cents per member per month on
all
affiliated unions for a period not to exceed six months in any one
year
when the interests of the Federation require and when funds
available
from per capita tax are insufficient to meet the needs of the
Federation.
Section 7
Any affiliated organization which does not pay its per capita
tax on or
before the fifteenth of each month, and assessment or
assessments
when due and payable, shall be notified of that fact by
the
Secretary-Treasurer of the Federation. Any affiliated organization
three
months in arrears in payment of per capita tax or
assessments
automatically becomes suspended from membership in the
Federation
and can be reinstated only after such arrearages are paid in full.
Section 8
Each affiliate, upon the issuance of a certificate of
affiliation, shall pay to
the Federation the sum of $15.00.
Section 9
Each state and local central body affiliated with the Federation
shall pay
to the Federation an annual fee of $20.00.
Section 10
The Executive Council may exonerate any national or
international union,
organizing committee and directly affiliated local union
from the payment
of per capita tax or assessments due to the Federation for
any month
upon a proper showing that, in the opinion of the Executive
Council, good
cause therefor exists. Exonerated members shall be regarded,
for the
purposes of this constitution, as paid up members for the period
of
exoneration.
Article XVI: Amendments top
This constitution can be amended or altered only by the convention, by
a
two-thirds vote of those present and voting, either by a show of hands,
or,
if a roll call is properly demanded as provided in this constitution, by
such
roll call.
ARTICLE NUMBERS XVII, XVIII AND XIX reserved for future action.
Article XX: Settlement of Internal Disputes top
Section 1
The principles set forth in this Article shall be applicable to
all affiliates of
this Federation, and to their local unions and other
subordinate bodies.
Section 2
Each affiliate shall respect the established collective
bargaining
relationship of every other affiliate. No affiliate shall organize
or attempt to
represent employees as to whom an established collective
bargaining
relationship exists with any other affiliate. For purposes of this
Article, the
term, "established collective bargaining relationship" means any
situation
in which an affiliate, or any local or other subordinate body
thereof, has
either (a) been recognized by the employer (including any
governmental
agency) as the collective bargaining representative for the
employees
involved for a period of one year or more, or (b) been certified by
the
National Labor Relations Board or other federal or state agency as
the
collective bargaining representative for the employees.
Section 3
Each affiliate shall respect the established work relationship
of every
other affiliate. For purposes of this Article, an "established
work
relationship" shall be deemed to exist as to any work of the kind
which
the members of an organization have customarily performed at
a
particular plant or worksite, whether their employer is the plant operator,
a
contractor, or other employer.
No affiliate shall by agreement or
collusion with any employer or by the
exercise of economic pressure seek to
obtain work for its members as to
which an established work relationship
exists with any other affiliate,
except with the consent of such affiliate.
This section shall not be
applicable to work in the railroad industry.
Section 4
In the event that any affiliate believes that such special and
unusual
circumstances exist that it would be violative of its basic
jurisdiction or
contrary to basic concepts of trade union morality or to the
constitutional
objectives of the AFL-CIO or injurious to accepted trade union
work
standards to enforce the principles which would apply in the absence
of
such circumstances, such organization shall nevertheless observe
such
principles unless and until its claim is upheld in the manner prescribed
in
Section 17 of this Article.
Section 5
No affiliate shall, in connection with any organizational
campaign,
circulate or cause to be circulated any charge or report which is
designed
to bring or has the effect of bringing another affiliate into public
disrepute
or of otherwise adversely affecting the reputation of such
affiliate or the
Federation.
Section 6
Dispute settlements and determinations under this Article shall
not
determine the general work or trade jurisdiction of any affiliate but
shall be
limited to the settlement or determination of the specific dispute
on the
basis of the facts and considerations involved in that dispute.
Section 7
The President shall establish procedural rules for the handling
of
complaints under this Article so that all affiliates involved in or
affected by
a dispute will have notice thereof, will have an opportunity for
the voluntary
settlement of the dispute, and, in the event of a failure to
reach a
voluntary settlement, will have a full and fair hearing before an
Impartial
Umpire. The rules shall be such as to ensure a speedy and
early
disposition of all complaints arising under this Article.
Section 8
The President shall appoint a permanent mediator or
mediators
knowledgeable about the labor movement and with an ability to
assist
parties to disputes to resolve their differences amicably. Any
affiliate
which claims that another affiliate has violated this Article may,
by its
principal officer, file a complaint with the President. Upon receipt
of such
complaint the President shall designate the mediator and direct that
all
affiliates involved or affected meet with such mediator in an effort to
effect
a settlement. The mediator's terms of employment shall be
established
by the President with the approval of the Executive Council.
Section 9
A panel of Impartial Umpires composed of prominent and
respected
persons shall be established. The members of the panel shall be
selected
by the President with the approval of the Executive Council. If
voluntary
settlement of a dispute is not reached within 14 days after
the
appointment of a mediator or mediators, a hearing shall be held before
an
Impartial Umpire selected from such panel. Impartial Umpires shall
be
assigned on a rotating basis, subject to their availability to
conduct
hearings. The terms of employment of the members of the panel shall
be
established by the President, with the approval of the Executive Council.
Section 10
The Impartial Umpire shall make a determination, after
hearings, based
upon the principles set forth in this Article. He shall make
such
determination within a time specified by the President, unless
an
extension of time is agreed to by the parties. The President shall
transmit
copies of the determination to all affiliates involved. He shall, at
the same
time, request any affiliate which the Impartial Umpire has found to
be in
violation of this Article to inform him as to what steps it intends to
take to
comply with such determination. Any response received, or the fact
that
no response has been received within a time fixed by the President,
shall
be communicated to the other parties to the dispute.
Section 11
The President may extend any time limit if, in his judgment,
such
extension will more readily effectuate an early settlement or
determination
of a dispute. Whenever, in the judgment of the President,
pressing
reasons require an accelerated settlement or determination, he
may
shorten or eliminate the mediation process or refer the dispute directly
to
an Impartial Umpire.
Section 12
If no appeal is filed from a determination of the Umpire within
five days as
provided below, the determination shall automatically go into
full force and
effect. Any affiliate which is adversely affected by a
determination of the
Umpire, and which contends that the determination is not
compatible with
this constitution, or not supported by facts, or is otherwise
arbitrary or
capricious, may file an appeal with the President within five
days after it
receives the Umpire's determination. Any such appeal shall be
referred by
the President to a subcommittee of the Executive Council.
Section 13
(a) The subcommittee of the Executive Council may disallow the
appeal,
in which event the determination of the Umpire shall be final, and
subject
to no further appeal and shall go into full force and effect; or
the
subcommittee may refer the appeal to the Executive Council Article
XX
Appeals Committee consisting of the President, the Secretary
Treasurer,
the Executive Vice President and nine Vice Presidents drawn
from
various sectors of the labor movement, in which event the determination
of
the Umpire shall be automatically stayed pending disposition of
the
appeal by the Committee.
(b) The nine Vice Presidents on the Appeals
Committee shall be
nominated by the President and approved by the Executive
Council and
shall serve two-year terms. The President shall not nominate a
Vice
President to serve for more than two consecutive terms. A quorum
shall
consist of seven members of the Committee, at least one of whom is
an
Executive Officer.
(c) The Appeals Committee shall have full and final
authority to establish
its procedures, to issue preliminary orders and to
affirm, reverse, amend
or modify the Umpire's decision under appeal.
(d)
Notwithstanding the foregoing, the Executive Council shall have full
and
final authority on its own motion or at the request of any affiliate
to
consider policy questions under Article XX and to issue from time to
time
policy statements having prospective effect on the implementation
of
Article XX, which statements shall, from the date issued,
supersede
inconsistent prior policy statements and case decisions.
Section 14
Any affected affiliate may file a complaint with the President
that another
affiliate has not complied with an effective determination of
the Impartial
Umpire or of the Executive Council on appeal. Upon receipt of
such a
complaint the President shall immediately convene a meeting of
the
subcommittee of the Executive Council referred to above.
If
non-compliance with the determination is found at such meeting, notice
of
such non-compliance shall be issued by the President to each
affiliated
national or international union and department.
Section 15
Immediately upon the issuance of such notification, the
following shall
apply:
(1) The non-complying affiliate shall not be
entitled to file any complaint or
appear in a complaining capacity in any
proceeding under this Article
until such non-compliance is remedied or
excused as provided in Section
16;
(2) The Federation shall, upon request,
supply every appropriate
assistance and aid to any organization resisting the
action determined to
be in violation of this Article;
(3) The Federation
shall appropriately publicize the fact that the affiliate is
not in
compliance with the constitution;
(4) No affiliate shall support or render
assistance to the action determined
to be in violation of this Article.
In
addition, the Executive Council is authorized, in its discretion, to:
(1)
Deny to such an affiliate the use of any or all of the services or
facilities
of the Federation;
(2) Deny to such an affiliate any protection under any of
the provisions or
policy determinations of the Federation;
(3) Apply any
other authority vested in the Executive Council under this
constitution.
Section 16
Any affiliate which has been found to be in non-compliance and
which has
been deprived of its rights under this Article may apply for
restoration of
such rights. Notice of such application shall be given to all
of the affiliates
involved in the determination or determinations as to which
there is
non-compliance. If such affiliates consent, the President shall
be
authorized to restore the rights of the non-complying affiliate after it
states
its intention in writing to comply thenceforth with the provisions of
this
Article. If any affiliate involved in the cases of non-compliance
opposes
the application, the rights of the non complying affiliate shall be
restored
only under the following conditions:
(a) The non-complying
affiliate states its intention, in writing, to comply
thenceforth with the
provisions of this Article;
(b) The non-complying affiliate has undertaken
whatever measures may
be necessary and practicable to remedy the
situation;
(c) The application for restoration of rights is approved by
two-thirds vote
of the Executive Council, or by a majority vote of the
convention.
Section 17
Any affiliate which claims justification under Section 4 for
action which
would, in the absence of such justification, violate the
provisions of this
Article shall process its claim, prior to taking action,
under the provisions
of this Section. Such claim shall set forth the basis
upon which the claim
is made and the action which the affiliate proposes to
take. The claim
shall thereafter be processed as provided in this Article
except that the
determination as to whether the facts justify the proposed
action shall not
be made by the Impartial Umpire. The Impartial Umpire shall
determine
whether the proposed action would violate the provisions of this
Article in
the absence of justification, shall find the facts with respect to
the claim
of the justification, and submit a report to the Executive Council.
The
Executive Council shall determine on the report of the Impartial
Umpire
whether the proposed action would violate the provisions of this
Article in
the absence of justification; and if it concludes by majority vote
that the
proposed action would so violate it shall find such justification
only by a
vote of two-thirds of the membership of the Council.
Section 18
The President shall be authorized to delegate to such person or
persons
as he may designate any of his powers or functions under this
Article
except the authority granted by Sections 12, 14, and 16 .
Section 19
Where a dispute between affiliates subject to resolution under
this Article
is also covered by a written agreement between all of the
affiliates
involved in or affected by the dispute, the provisions of such
agreement
shall be complied with prior to the invocation of the procedures
provided in
this Article. If such agreement provides for final and binding
arbitration,
and an affiliate party to such agreement claims that another
such affiliate
has not complied with a decision under that agreement, it may
file a
complaint under the provisions of Section 14 of this Article and
the
procedures provided in this Article in the case of non compliance shall
be
applicable. Where a dispute between affiliates subject to resolution
under
this Article is also covered by a written agreement between affiliates
but
involves or affects an affiliate not a party to such an agreement,
the
affiliate not a party to such agreement may invoke the
procedures
provided in this Article for the settlement and determination of
such
dispute.
Section 20
The provisions of this Article with respect to the settlement
and
determination of disputes of the nature described in this Article
shall
constitute the sole and exclusive method for settlement
and
determination of such dispute, and the provisions of this Article
with
respect to the enforcement of such settlements and determinations
shall
constitute the sole and exclusive method for such enforcement.
No
affiliate shall resort to court or other legal proceedings to settle
or
determine any disputes of the nature described in this Article or
to
enforce any settlement or determination reached hereunder.
Section 21
Notwithstanding any other provision of this constitution this
Article shall
be subject to amendment by the convention by a majority vote of
those
present and voting either by a show of hands, or, if a roll call is
properly
demanded as provided in this constitution, by such roll call.
Section 1
In order to resolve organizing competition in those situations
in which the
competition may be detrimental to the best interest of the
workers
involved and the trade union movement, the Federation shall maintain
a
procedure for determining organizing responsibilities. This procedure
shall
not apply with respect to the organizing of employees doing building
and
construction industry work for an employer which is engaged primarily
in
that industry and which is covered by the National Labor Relations
Act,
as amended.
Section 2
Any AFL-CIO affiliate that is actively engaged in organizing a
group of
employees and seeking to become their exclusive representative
may
invoke this Procedure to seek a determination affirming its ability to do
so
without being subject to ongoing competition by any other
AFL-CIO
affiliate. All affiliates which have taken steps or which there is a
reason to
believe are about to take steps to organize the same group of
employees
shall be notified of the commencement of the proceeding.
Section 3
Each case initiated under this Article shall be referred to
mediation
unless all parties to the case waive mediation or unless the
President
determines that pressing reasons require elimination of the
mediation
process in a particular case. Any case not resolved through
mediation
shall be referred to an Umpire for a final and binding decision.
The
President of the AFL-CIO shall appoint one or more permanent
mediators
and permanent Umpires to mediate and arbitrate cases arising under
this
procedure, subject to the approval of the Executive Council; and
the
President shall establish the mediators' and arbitrators' terms
of
employment. Where circumstances require, the President may appoint
ad
hoc mediators and ad hoc umpires to mediate and arbitrate cases and
establish
their terms of employment.
Section 4
The Executive Council shall establish rules of procedure for the
mediation
and arbitration processes, including time limits (which the
President may
shorten or extend in a particular case where justified) for
the
commencement and conclusion of mediation and for the commencement
and
conclusion of arbitration. The Executive Council also shall
establish
guidelines stating the criteria the Umpire is to follow in
deciding
organizing responsibility proceedings. Where an affiliate proves
that the
criteria established by the Executive Council are satisfied, the
Umpire
shall issue an award in favor of that affiliate running for a period
of one
year or such shorter or longer period as the Umpire for good
reason
establishes. Where the criteria established by the Executive Council
are
not satisfied, the Umpire shall enter an award affirming that all
interested
affiliates are free to seek to become the exclusive representative
of the
employee group in question.
Section 5
An affiliate in whose favor an award has been entered which
believes that
some other affiliate is not in compliance with that award may
notify the
President of the asserted non-compliance. The matter shall
be
immediately referred to a subcommittee of the Executive Council.
If
non-compliance is found by the subcommittee, notice of such
non
compliance shall be issued by the President to each affiliated national
or
international union and department. Immediately upon the issuance
of
such notification, the non-complying affiliate shall not be entitled to
invoke
the Procedure for Determining Organizing Responsibilities until
the
non-compliance is remedied to the satisfaction of the President or
a
subcommittee of the Executive Council or until it is excused by
the
Executive Council by a two-thirds vote. The Federation shall,
upon
request, supply every appropriate assistance and aid to the affiliate
in
whose favor the Umpire issued the award. In addition, the
Executive
Council may, in its discretion, deny to the non-complying affiliate
the use
of any of the services or facilities of the Federation and apply any
other
authority vested in the Executive Council under the AFL-CIO
Constitution.
Section 6
Where all the affiliates who are organizing or taking steps to
organize a
particular employee group are parties to a written agreement
providing for
the resolution of organizing responsibilities, the provisions
of such
agreement shall be complied with prior to invoking this Procedure. If
such
agreement provides for final and binding arbitration and an affiliate
which
is a party to such agreement claims that another such affiliate has
not
complied with a decision under that agreement, the aggrieved
affiliate
may file a complaint under paragraph 5 of this Procedure and
the
procedures provided there in the case of non compliance shall
be
applicable.