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.

 

Article V: Officers top


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.

Article X: General Board top

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.

Article XIII: State and Local Central Bodies top

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 XVII, XVIII and XIX:

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.

Article XXI: Organizing Responsibility Procedures top

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.