Article XX: = Settlement of Internal Disputes

Article XX: = Settlement of=20 Internal Disputes

Section 1
The principles set = forth in=20 this Article shall be applicable to all affiliates of = this=20 Federation, and to their local unions and other = subordinate=20 bodies.

Section 2
Each affiliate shall = respect=20 the established collective bargaining relationship of = every=20 other affiliate. No affiliate shall organize or = attempt to=20 represent employees as to whom an established = collective=20 bargaining relationship exists with any other = affiliate. For=20 purposes of this Article, the term "established = collective=20 bargaining relationship" means any situation in which = an=20 affiliate, or any local or other subordinate body = thereof, has=20 either (a) been recognized by the employer (including = any=20 governmental agency) as the collective bargaining=20 representative for the employees involved for a period = of one=20 year or more, or (b) been certified by the National = Labor=20 Relations Board or other federal or state agency as = the=20 collective bargaining representative for the=20 employees.

Section 3
(a) = Each=20 affiliate shall respect the established work = relationship of=20 every other affiliate. For purposes of this Article, = an=20 "established work relationship" shall be deemed to = exist as to=20 any work of the kind that the members of an = organization have=20 customarily performed at a particular plant or = worksite,=20 whether their employer is the plant operator, a = contractor, or=20 other employer. No affiliate shall by agreement or = collusion=20 with any employer or by the exercise of economic = pressure seek=20 to obtain work for its members as to which an = established work=20 relationship exists with any other affiliate, except = with the=20 consent of such affiliate.

(b) This section shall not be applicable to work in = the=20 railroad industry.

Section 4
In the event that any = affiliate believes that such special and unusual = circumstances=20 exist that it would be violative of its basic = jurisdiction or=20 contrary to basic concepts of trade union morality or = to the=20 constitutional objectives of the AFL-CIO or injurious = to=20 accepted trade union work standards to enforce the = principles=20 that would apply in the absence of such circumstances, = such=20 organization shall nevertheless observe such = principles unless=20 and until its claim is upheld in the manner prescribed = in=20 Section 17 of this Article.

Section 5
No affiliate shall, = in=20 connection with any organizational campaign, circulate = or=20 cause to be circulated any charge or report that is = designed=20 to bring or has the effect of bringing another = affiliate into=20 public disrepute or of otherwise adversely affecting = the=20 reputation of such affiliate or the Federation.

Section 6
Dispute settlements = and=20 determinations under this Article shall not determine = the=20 general work or trade jurisdiction of any affiliate = but shall=20 be limited to the settlement or determination of the = specific=20 dispute on the basis of the facts and considerations = involved=20 in that dispute.

Section 7
The President shall = establish=20 procedural rules for the handling of complaints under = this=20 Article so that all affiliates involved in or affected = by a=20 dispute will have notice of them, will have an = opportunity for=20 the voluntary settlement of the dispute, and, in the = event of=20 a failure to reach a voluntary settlement, will have a = full=20 and fair hearing before an Impartial Umpire. The rules = shall=20 be such as to ensure a speedy and early disposition of = all=20 complaints arising under this Article.

Section 8
The President shall = appoint a=20 permanent mediator or mediators knowledgeable about = the labor=20 movement and with an ability to assist parties to = disputes to=20 resolve their differences amicably. Any affiliate that = claims=20 that another affiliate has violated this Article may, = by its=20 principal officer, file a complaint with the = President. Upon=20 receipt of such complaint the President shall = designate the=20 mediator and direct that all affiliates involved or = affected=20 meet with such mediator in an effort to effect a = settlement.=20 The mediator's terms of employment shall be = established by the=20 President with the approval of the Executive = Council.

Section 9
A panel of Impartial = Umpires=20 composed of prominent and respected persons shall be=20 established. The members of the panel shall be = selected by the=20 President with the approval of the Executive Council. = If=20 voluntary settlement of a dispute is not reached = within 14=20 days after the appointment of a mediator or mediators, = a=20 hearing shall be held before an Impartial Umpire = selected from=20 such panel. Impartial Umpires shall be assigned on a = rotating=20 basis, subject to their availability to conduct = hearings. The=20 terms of employment of the members of the panel shall = be=20 established by the President, with the approval of the = Executive Council.

Section 10
The Impartial Umpire = shall=20 make a determination, after hearings, based upon the=20 principles set forth in this Article. He shall make = such=20 determination within a time specified by the = President, unless=20 an extension of time is agreed to by the parties. The=20 President shall transmit copies of the determination = to all=20 affiliates involved. He shall, at the same time, = request any=20 affiliate that the Impartial Umpire has found to be in = violation of this Article to inform him as to what = steps it=20 intends to take to comply with such determination. Any = response received, or the fact that no response has = been=20 received within a time fixed by the President, shall = be=20 communicated to the other parties to the dispute.

Section 11
The President may = extend any=20 time limit if, in his judgment, such extension will = more=20 readily effectuate an early settlement or = determination of a=20 dispute. Whenever, in the judgment of the President, = pressing=20 reasons require an accelerated settlement or = determination, he=20 may shorten or eliminate the mediation process or = refer the=20 dispute directly to an Impartial Umpire.

Section 12
If no appeal is = filed from a=20 determination of the Umpire within five days as = provided=20 below, the determination shall automatically go into = full=20 force and effect. Any affiliate that is adversely = affected by=20 a determination of the Umpire, and that contends that = the=20 determination is not compatible with this = Constitution, or is=20 not supported by facts, or is otherwise arbitrary or=20 capricious, may file an appeal with the President = within five=20 days after it receives the Umpire's determination. Any = such=20 appeal shall be referred by the President to a = subcommittee of=20 the Executive Council.

Section 13
(a) The subcommittee = of the=20 Executive Council may disallow the appeal, in which = event the=20 determination of the Umpire shall be final, and = subject to no=20 further appeal and shall go into full force and = effect; or the=20 subcommittee may refer the appeal to the Executive = Council=20 Article XX Appeals Committee consisting of the = President, the=20 Secretary-Treasurer, the Executive Vice President and = nine=20 Vice Presidents drawn from various sectors of the = labor=20 movement, in which event the determination of the = Umpire shall=20 be automatically stayed pending disposition of the = appeal by=20 the Committee.

(b) The nine Vice Presidents on the Appeals = Committee shall=20 be nominated by the President and approved by the = Executive=20 Council and shall serve two-year terms. The President = shall=20 not nominate a Vice President to serve for more than = two=20 consecutive terms. A quorum shall consist of seven = members of=20 the Committee, at least one of whom is an Executive = Officer.=20

(c) The Appeals Committee shall have full and final = authority to establish its procedures, to issue = preliminary=20 orders and to affirm, reverse, amend or modify the = Umpire's=20 decision under appeal.

(d) Notwithstanding the foregoing, the Executive = Council=20 shall have full and final authority on its own motion = or at=20 the request of any affiliate to consider policy = questions=20 under Article XX and to issue from time to time policy = statements having prospective effect on the = implementation of=20 Article XX, which statements shall, from the date = issued,=20 supersede inconsistent prior policy statements and = case=20 decisions.

Section 14
(a) Any affected = affiliate=20 may file a complaint with the President that another = affiliate=20 has not complied with an effective determination of = the=20 Impartial Umpire or of the Executive Council on = appeal. Upon=20 receipt of such a complaint the President shall = immediately=20 convene a meeting of the subcommittee of the Executive = Council=20 referred to above.

(b) If non-compliance with the determination is = found at=20 such meeting, the President shall inform the = non-complying=20 affiliate of the action it must take in order to be in = compliance and the date by which it must be in = compliance. If=20 the affiliate fails to come into compliance as so = directed,=20 the President shall notify each affiliated national or = international union and trade and industrial = department, and=20 each affected state and local central body, of such=20 non-compliance.

Section 15
Immediately upon the = issuance of such notification, the following shall = apply:

(1) The non-complying affiliate shall not be = entitled to=20 file any complaint or appear in a complaining capacity = in any=20 proceeding under this Article;

(2) The Federation shall, upon request, supply = every=20 appropriate assistance and aid to any organization = resisting=20 the action determined to be in violation of this = Article;

(3) The Federation shall appropriately publicize = the fact=20 that the affiliate is not in compliance with the=20 Constitution;

(4) No affiliate shall support or render assistance = to the=20 action determined to be in violation of this = Article.

In addition, the Executive Council is authorized, = in its=20 discretion, to:

(1) Deny to such an affiliate the use of any or all = of the=20 services or facilities of the Federation;

(2) Deny to such an affiliate any protection under = any of=20 the provisions or policy determinations of the = Federation;

(3) Apply any other authority vested in the = Executive=20 Council under this Constitution.

Section 16
Any affiliate that = has been=20 found to be in non-compliance and that has been = deprived of=20 its rights under this Article may apply for = restoration of=20 such rights. Notice of such application shall be given = to all=20 of the affiliates involved in the determinations as to = which=20 there is non-compliance. If such affiliates consent, = the=20 President shall be authorized to restore the rights of = the=20 non-complying affiliate after it states its intention = in=20 writing to comply with the provisions of this Article. = If any=20 affiliate involved in the cases of non-compliance = opposes the=20 application, the rights of the non-complying affiliate = shall=20 be restored only under the following conditions:

(1) The non-complying affiliate states its = intention, in=20 writing, to comply with the provisions of this = Article;

(2) The non-complying affiliate has undertaken = whatever=20 measures may be necessary and practicable to remedy = the=20 situation;

(3) The application for restoration of rights is = approved=20 by a two-thirds vote of the Executive Council, or by a = majority vote of the convention.

Section 17
Any affiliate that = claims=20 justification under Section 4 for action that would, = in the=20 absence of such justification, violate the provisions = of this=20 Article shall process its claim, prior to taking = action, under=20 the provisions of this Section. Such claim shall set = forth the=20 basis upon which the claim is made and the action that = the=20 affiliate proposes to take. The claim shall thereafter = be=20 processed as provided in this Article except that the=20 determination as to whether the facts justify the = proposed=20 action shall not be made by the Impartial Umpire. The=20 Impartial Umpire shall determine whether the proposed = action=20 would violate the provisions of this Article in the = absence of=20 justification, shall find the facts with respect to = the claim=20 of the justification, and shall submit a report to the = Executive Council. The Executive Council shall = determine on=20 the report of the Impartial Umpire whether the = proposed action=20 would violate the provisions of this Article in the = absence of=20 justification; and, if the Council concludes by = majority vote=20 that the proposed action would so violate it, the = Council=20 shall find such justification only by a vote of = two-thirds of=20 its membership.

Section 18
The President shall = be=20 authorized to delegate to such person or persons as he = may=20 designate any of his powers or functions under this = Article=20 except the authority granted by Sections 12, 14, and = 16.

Section 19
Where a dispute = between=20 affiliates subject to resolution under this Article is = also=20 covered by a written agreement between all of the = affiliates=20 involved in or affected by the dispute, the provisions = of such=20 agreement shall be complied with prior to the = invocation of=20 the procedures provided in this Article. If such = agreement=20 provides for final and binding arbitration, and an = affiliate=20 party to such agreement claims that another such = affiliate has=20 not complied with a decision under that agreement, it = may file=20 a complaint under Section 14 of this Article and the=20 procedures provided in this Article in the case of=20 non-compliance shall be applicable. Where a dispute = between=20 affiliates subject to resolution under this Article is = also=20 covered by a written agreement between affiliates but = involves=20 or affects an affiliate not a party to such an = agreement, the=20 affiliate not a party to such agreement may invoke the = procedures provided in this Article for the settlement = and=20 determination of such dispute.

Section 20
The provisions of = this=20 Article with respect to the settlement and = determination of=20 disputes of the nature described in this Article shall = constitute the sole and exclusive method for = settlement and=20 determination of such dispute, and the provisions of = this=20 Article with respect to the enforcement of such = settlements=20 and determinations shall constitute the sole and = exclusive=20 method for such enforcement. No affiliate shall resort = to=20 court or other legal proceedings to settle or = determine any=20 disputes of the nature described in this Article or to = enforce=20 any settlement or determination reached under this=20 Article.

Section 21
Notwithstanding any = other=20 provision of this Constitution, this Article shall be = subject=20 to amendment by the convention by a majority vote of = those=20 present and voting either by a voice vote, show of = hands,=20 division, or roll call if properly demanded as = provided in=20 Article IV, Section=20 18.