Chicago, IL
Recent experience and periodic examination of the Rules Governing AFL-CIO State Central Bodies ("State Rules") and the Rules Governing AFL-CIO Local Central Bodies ("Local Rules") lead the Executive Council to amend these rules in order to clarify the authority of the AFL-CIO to consider and act on protests and appeals of central body elections; clarify the AFL-CIO's authority to review other final decisions rendered at the state and local levels; and conform the disciplinary appeal rules and the general appeal rules more precisely to the AFL-CIO Constitution.
- Adding a New Rule 28 to Make Explicit AFL-CIO Authority to Hear Protests of Central Body Elections
The AFL-CIO traditionally has exercised jurisdiction to consider protests and appeals of elections of officers of central bodies under the authority of Rule 27, which provides in part as follows: "Any final decision of a [state] [local] central body in a matter requiring a hearing within the central body under these rules may be appealed to the President within 30 days after the decision appealed from."
The AFL-CIO has exercised this authority recently with respect to officer elections at the Pennsylvania AFL-CIO in 1990, and at the Alabama AFL-CIO and the Arkansas AFL-CIO in 1995-96. During review of the two 1995-96 elections, objections were raised concerning the AFL-CIO's authority to take any such action under Rule 27.
It remains important that the AFL-CIO retain such authority in order to guarantee the fairness of officer elections within its subordinate state and local central bodies and to keep election disputes out of court. For that reason the State Rules and the Local Rules are amended by adding a new Rule 28, "Election Protests," in order to eliminate any arguable ambiguity about the AFL-CIO's authority to entertain election protests and appeals. Current Local Rule 28, "Dissolution," is renumbered as Rule 29.
2. Amending Rule 27 to Clarify the Breadth of the AFL-CIO's
Authority to Consider Appeals from Certain Other Central Body Decisions Another problematic aspect of Rule 27 is the phrase "under these rules," because it may be read to limit Rule 27 to appeals only from "hearing[s]" specifically required by the express terms of the State Rules or the Local Rules themselves. There is only one such hearing in each set of rules, namely, that required by Rule 13 for the suspension or removal of a central body officer or executive board member. The AFL-CIO has interpreted "under these rules" more broadly to cover any hearing provided at the state or local level, inasmuch as state and local federation constitutions and rules that provide for hearings in other situations are enacted solely due to the authority granted to state and local central bodies by the AFL-CIO "under" the AFL-CIO Constitution and the Rules.
Because the central body rules should not invite uncertainty or legal entanglements over the nature of the AFL-CIO's authority, Rule 27 is amended by deleting the phrase "under these rules."
3. Amending Rule 25 to Conform With the AFL-CIO Constitution
Article XIII, Section 3 of the AFL-CIO Constitution, which addresses "disciplinary action against central labor bodies, or their officers," states that central body rules must provide for an appeal from the President to "the Appeals Committee of the Executive Council." Rule 25(g), which governs appeals from such disciplinary actions, refers to an appeal to the "Executive Council" and guarantees a "right to appear" before the Council. Rule 25(g) further provides that such matters "may be further appealed to the next succeeding convention of the AFL-CIO."
In order to conform Rule 25(g) with the Constitution, Rule 25(g) is amended in order to specify that the first appeal is to the Appeals Committee, rather than to the Executive Council itself. Rule 25(g)'s provision of a further appeal to the convention is also amended to specify that this appeal is to the "next succeeding regular convention." Article IV, Section 3(d) of the Constitution limits a special convention to "the subject or subjects specifically and definitely indicated in the [convention] call," so this amendment to Rule 25(g) also conforms it more closely to the Constitution and eliminates any unintended ambiguity.
4. Amending Rule 27 to Conform With the AFL-CIO Constitution
Rule 27 provides the same two appeal steps as Rule 25(g), namely, first to the Executive Council and then to the convention. However, the AFL-CIO has referred appeals under Rule 27 to the Appeals Committee rather than the full Executive Council. Therefore, Rule 27 is amended in the same manner as is Rule 25(g).
AMENDMENTS
RULE 25(g)
(g) Any disciplinary action taken by the President under this rule may be appealed by the individual or organization involved to the Appeals Committee of the Executive Council of the AFL-CIO. Any such appeal shall be filed in writing with the Secretary-Treasurer within 30 days after notice of the disciplinary action being appealed. Appellants shall have the right to appear before the Executive Council Appeals Committee in support of their appeal. The decision of the Executive Council Appeals Committee on any appeal taken pursuant to this paragraph may be further appealed to the next succeeding regular convention of the AFL-CIO. Such further appeal shall be filed in writing with the Secretary-Treasurer at least 30 days prior to the opening of the convention. An appellant shall have the right to appear before any appeals committee of the convention and, except in the case of an individual appellant, shall have the right to appear before the convention itself. An individual appellant shall have the right to appear personally before the convention itself only with the consent of the convention.
RULE 27. APPEALS
Any final decision of a [state] [local] central body in a matter requiring a hearing within the central body under these rules may be appealed to the President within 30 days after the decision appealed from. The decision of the President may thereafter be appealed to the Appeals Committee of the Executive Council. Any such appeal shall be filed in writing with the Secretary- Treasurer within 30 days after notice of the action being appealed. Appellants shall have the right to appear before the Executive Council Appeals Committee in support of their appeal. The decision of the Executive Council Appeals Committee may be further appealed to the next succeeding regular convention of the AFL-CIO. Such further appeal shall be filed in writing with the Secretary-Treasurer at least 30 days prior to the opening of the convention. The appellant shall have the right to appear before any appeals committee of the convention and, except in the case of an individual appellant, shall have the right to appear before the convention itself. An individual appellant shall have the right to appear personally before the convention itself only with the consent of the convention. During any such appeal the original decision of the state central body, or of the President, or of the Executive Council Appeals Committee as the case may be, shall remain in effect unless reversed, modified or temporarily stayed.
RULE 28. ELECTION PROTESTS
A protest of the election of an officer of a [state] [local] central body may be made to the President within 30 days of exhaustion of any applicable procedures provided by the constitution or bylaws of the [state] [local] central body. If the President upholds a protest, in determining the appropriate remedy he may direct that the election be rerun or a new election be conducted, and he may decide the manner of conduct of any such election. The decision of the President may thereafter be appealed in accordance with the procedures set forth in Rule 27.