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.