Executive Council Statement

Implementing Article XX of the AFL-CIO Constitution

Chicago, IL

Pursuant to Section 7 of Article XX of the AFL-CIO Constitution, the Executive Council issues the following procedural rules for the handling of complaints filed and the conduct of mediations and hearings conducted under this Article. Cases initiated under this Article shall be managed by the AFLCIO Article XX and Article XXI Coordinator under the direction of the AFL-CIO President and Secretary-Treasurer.

      I.   Each national or international union shall advise the      AFL-CIO of the name, address, telephone and fax number of      its currently designated representative for Article XX      matters if such representative is a person other than the      union_s principal officer.  The AFL-CIO and each union      involved in an Article XX proceeding shall send copies of      all complaints and other correspondence to both the      principal officer and the designated representative of every      union involved.      II.  A national or international union contemplating the      filing of a complaint is encouraged to consult with the      national or international union intended to be charged      before the complaint is filed in order to attempt to resolve      the dispute.      III. In order to file a complaint, the principal officer of      a national or international union shall submit a letter to      the AFL-CIO President stating the specific nature of the      alleged violation, the identity of the employer, the      approximate number of employees involved, the location of      the alleged violation, and the status of any related NLRB or      other agency proceeding.  If the charging union wishes the      AFL-CIO to advise the NLRB or other agency to hold its      proceedings in abeyance in deference to the Article XX case,      the charging union should so request in the letter and      provide the case name and number and the address, telephone      number and fax number of the agency conducting the      proceeding.  If the charged union wishes the AFL-CIO to do      so, it should so request in the same manner upon receipt of      the Article XX complaint.      IV.  After a complaint is filed, a mediation session      ordinarily will be convened within ten days or as soon      thereafter as can be arranged.  Mediation shall take place      at AFL-CIO Headquarters.  The AFL-CIO President shall notify      the unions involved of the scheduled mediation, and provide      the charged union with a copy of the charge as received by      the AFL-CIO.  In the event of pressing reasons and at the      AFL-CIO President_s discretion, mediation may be waived and      the case referred directly to the Impartial Umpire for a      hearing.      V.   Prior to the mediation session, the mediator and the      designated representatives of the unions involved shall      participate in a conference call to discuss the dispute and      identify the persons who they expect may attend the      mediation.  No union shall be precluded from bringing      additional or other persons to the mediation.      VI.  The mediator will attempt to effect a voluntary      agreement resolving the dispute at the mediation session.      Any designated representative who participates in the      mediation session shall possess sufficient authority to      settle, or at least effectively to recommend settlement of,      the dispute.  At least one attendee from each union must be      a representative who has knowledge of the facts and      circumstances surrounding the dispute, normally from the      local or other affiliate of the union where the dispute      arose.  Attendees representing a local or other affiliate at      the mediation session may participate by speaker-phone if      necessary.  At the mediation session the unions shall      exchange collective bargaining agreements, NLRB or other      agency petitions and other documents that the unions then      expect they may submit in evidence if a hearing on the      dispute is later conducted by an Impartial Umpire.      VII. If a mediated settlement is not achieved within 14 days      of the appointment of the mediator, or by such other time as      the AFL-CIO President or the mediator and the unions shall      fix, the mediator shall certify the matter to the AFL-CIO      President for a hearing by the Impartial Umpire.  In order      to be considered at the hearing, any additional complaints      or counter-complaints arising from the same circumstances      shall be filed with the AFL-CIO by the time of      certification.  If such an additional complaint or counter-      complaint is filed after the mediation session, the mediator      may schedule a further conference call or mediation session      if the new complaint raises factual matters not previously      addressed during mediation.  All complaints and counter-      complaints arising from the same circumstances shall be      consolidated for hearing and decision.      VIII.      The AFL-CIO President shall immediately schedule a      hearing before an Impartial Umpire.  The hearing will be      conducted as soon as possible.  Alternatively, upon the      parties_ agreement and at the discretion of the AFL-CIO      President, the case may be submitted to the Impartial Umpire      by a stipulation of facts in place of a hearing.      IX.  Hearings shall be scheduled at 1=-hour intervals, with      the understanding that if the mediator or the parties      anticipate that a hearing will require a longer period of      time, then they shall notify the AFL-CIO prior to scheduling      the hearing.  Nothing shall preclude the Impartial Umpire      from conducting a longer hearing if in his or her view it is      necessary to afford the unions a full opportunity to present      their positions.      X.   Hearings shall be conducted at the AFL-CIO      Headquarters; however, in the event of extenuating      circumstances, the parties jointly may request to the      AFL-CIO President and the Impartial Umpire that a hearing be      held elsewhere. The AFL-CIO President shall rule on the      request, in consultation with the Impartial Umpire where      appropriate.      XI.  At least five calendar days before the hearing, the      unions involved shall notify each other of the persons whom      they then expect may testify, including any who will do so      by speaker-phone.  No union shall be precluded from      presenting additional or other witnesses at the hearing.  A      union may object to the proposed testimony by speaker-phone      of any such witness by notifying the Impartial Umpire and      the opposing union of the objection and requesting a ruling      on the objection prior to the hearing.      XII. If at the hearing a union seeks to present by speaker-      phone a witness whom it did not previously identify, and the      opposing union objects, the Impartial Umpire shall decide      whether to allow the testimony, disallow the testimony or      require the testimony to be offered in person at a later      time.  The Impartial Umpire may also require any witness,      whether or not previously identified, who testifies by      speaker-phone to present his or her testimony in person at a      later time if in his or her judgment such further appearance      is warranted.      XIII.      At the conclusion of the hearing the Impartial      Umpire shall decide whether to hear oral argument or request      briefs and/or other written materials to be filed.  Such      argument may be heard at the hearing or in a subsequent      conference call.  The Impartial Umpire may schedule a      further hearing for the purpose of receiving evidence only      in extraordinary circumstances, and such further hearing may      be conducted by conference call.      XIV. The Impartial Umpire otherwise shall have discretion to      conduct hearings in such a manner as he or she considers      will best serve this Article, consistent with the general      practice under and the purposes of this Article.      XV.  The Impartial Umpire shall issue a written      determination upholding or rejecting the complaining union_s      claims in whole or in part.  The AFL-CIO President shall      transmit copies of the determination to the principal      officers and designated representatives of the unions      involved.  The President shall, at the same time, request      any union that the Impartial Umpire has found to be in      violation of this Article to inform the AFL-CIO within a      specified time as to what steps it intends to take to comply      with the determination.  The President shall notify the      opposing union of any response received or the fact that no      response has been received within the time specified.  If no      appeal is filed within five days (excluding Saturdays,      Sundays and holidays) of receipt of the Impartial Umpire_s      determination, the determination shall go into full force      and effect pursuant to Article XX, Section 12.