NYC CLC Constitution

 

New York City Central Labor Council, AFL-CIO

CONSTITUTION
AND
BY- LAWS

The New York City Central Labor Council, AFL-CIO
was chartered by the
American Federation of Labor and
Congress of Industrial Organizations
February 19, 1959

CONSTITUTION
AND BY-LAWS
of the
NEW YORK CITY
CENTRAL LABOR
COUNCIL, AFL-CIO

AS AMENDED JANUARY 1, 2016

 

NEW YORK CITY
CENTRAL LABOR COUNCIL, AFL-CIO
275 Seventh Avenue, 18th Floor
New York, New York 10001
Telephone:  (212) 604-9552
Fax Number: (212) 604-9550

 
TABLE OF CONTENTS

TITLE                                            PAGE NO.

PREAMBLE                                             1

ARTICLE 1: NAME AND AFFILIATION                             1

ARTICLE II: PURPOSES                                     2

ARTICLE III: AFFILIATES                                     2-3

ARTICLE IV:  DELEGATES                                3-5

ARTICLE V: VOTING                                    5-6

ARTICLE VI: MEETINGS                                     6

ARTICLE VII: OFFICERS AND ELECTIONS                          6-8

ARTICLE VIII: EXECUTIVE BOARD                             8-9

ARTICLE IX:  DUTIES OF THE PRESIDENT AND EXECUTIVE
VICE PRESIDENT                                         9-10

ARTICLE X: EXECUTIVE COMMITTEE                             10

ARTICLE XI:  AUDIT COMMITTEE                             10

ARTICLE XII:  STANDING COMMITTEE AND SPECIAL COMMITTEES         11

ARTICLE XIII:  CHARGES AND HEARINGS                        11-12

ARTICLE XIV: FINANCES                                    12-13

ARTICLE XV:  FINANCIAL PRACTICES AND AUDITS                13

ARTICLE XVI:  RELATIONSHIP WITH THE AFL-CIO AND
AFFILIATES OF THE AFL-CIO                                14

ARTICLE XVII:  POLITICAL ACTION                            14

ARTICLE XVIII: RULES PARLIAMENTARY AUTHORITY AND
AMENDMENTS                                        14-15
Preamble

 The establishment of the New York City Central Labor Council, AFL-CIO is an expression of the hopes and aspirations of the working people in the City of New York

At the dawn of a new millennium, we proclaim a New Alliance to improve the lives of and increase power for working families, bring fairness and dignity to the workplace and secure social equity. We will prevail by mobilizing our members to support our cause and building a strong, diverse, 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 among our members of the necessity of organizing among our members, our leaders and all unorganized workers.

We will give political voice to workers in our area. We will fight for a public policy agenda favorable to 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 establish unions as active forces in our communities. We will build Union Cities to make the voices of working families heard in our neighborhoods. We will foster vibrant 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 workers in our communities.

With confidence and trust in the inherent power and goodness of our people and the promise of unionism, we proclaim this Constitution.

ARTICLE 1

Name and Affiliation

This organization shall be known as the New York City Central Labor Council, AFL-CIO, hereinafter referred to as “the Council”. It shall at all times maintain affiliation with the American Federation of Labor and Congress of Industrial Organizations and conduct all of its affairs in accordance with the Constitution of the AFL-CIO and the AFL-CIO's Rules Governing Area Labor Councils and Central Labor Councils.  As a chartered organization of the AFL-CIO, this Council shall conform its activities on state matters to the policies of the State Central Body, and on national affairs to the policies of the AFL-CIO.

 

ARTICLE II

Purposes

The purpose of this Council shall be to promote, through appropriate activities in the geographical area of its charter, the principles of the American Federation of Labor and Congress of Industrial Organizations, including the following:

(a) To assist in promoting the objectives and policies of the AFL-CIO, and organizations affiliated with the AFL-CIO, so long as their policies and objectives are consistent with the objectives or policies of the AFL-CIO;

(b) To promote and assist the organizing activities of local unions and their parent national or international unions or organizing committees affiliated with the AFL-CIO;

(c) To provide cooperation and support to chartered central labor councils affiliated local unions and other affiliated bodies-in-their common and individual endeavors;

(d) To propose, support and promote legislation favorable to, and oppose legislation detrimental to, the interest of workers and organized labor;

(e) To encourage workers to register and vote, to exercise their full rights and responsibilities of citizenship, and to take their rightful part in the political life of the local, state and national communities;

(f) To serve as a means of exchanging information among affiliated bodies on matters of common interest;

(g) To engage in such other activities as are consistent with the principles set forth in the Constitution of the AFL-CIO and the policies of the AFL-CIO including the AFL-CIO's Rules Governing Area Labor Councils and Central Labor Councils.

(h) To undertake all reasonable efforts to ensure diversity of representation at every level.

 

ARTICLE III

Affiliates

    Sec. 1.    This Council shall be composed exclusively of such of the following organizations within New York City as shall conform to this Constitution and the rules and regulations adopted pursuant thereto:
    (a)    Local unions of national and international unions and organizing committees affiliated with or whose membership is authorized by the AFL-CIO, and local unions chartered directly by the AFL-CIO;

    (b)        Local councils chartered by the trade and industrial departments of the AFL-CIO, and joint boards, district councils and similar subordinate organizations which are duly chartered by an affiliate of the AFL-CIO;

    (c)    Auxiliaries and Union Retirees groups comprised exclusively of relatives of AFL-CIO affiliated union members and retired members of the AFL-CIO affiliated unions, respectively, shall be entitled to affiliate on a fraternal basis but without voice or vote.

    (d)    Local Chapters of AFL-CIO constituency groups within the geographical limits of the Council that are chartered by a national AFL-CIO constituency group. No AFL-CIO constituency group may be present for or have voice or vote in any meeting or proceeding concerning the endorsement of a political candidate or other partisan political activity concerning public elected office by this Council.

    Sec. 2.    The Executive Board shall admit to affiliation in this organization any eligible body for admission to this organization not already affiliated at the time of the adoption of this Constitution.

ARTICLE IV

Delegates

    Sec. 1.    Composition of Delegates’ Body shall be by delegates selected by the affiliates who are in good standing with their respective parent organizations.

    Sec. 2.    No person shall be eligible to serve as a delegate unless that person is either a member of a local union or other organization affiliated with this Council or is a National or International Union representative regularly servicing such an affiliated union. No person shall be eligible to serve as a delegate who holds a salaried position, or any other position of administrative or executive authority, in a union or any subordinate branch of a union which has been suspended or expelled from the AFL-CIO.

    Sec. 3.    (a)    Affiliates shall certify their respective delegates using credential forms provided by this Council.

        (b)    The credentials of each delegate shall be mailed to the main business office of this Council at least ten (10) days before the September meeting of this Council.

        (c)    The credentials of each delegate shall be in full force and effect from September to the following September, a period of one (1) year, unless revoked sooner by the affiliate or this Council for due cause.

        (d)    Each affiliate shall have the power to replace the delegate who represents it by revoking the credentials of said delegate and notifying the Council in writing at least ten (10) days prior to its next meeting.

        (e)    Replacements for delegates removed for whatever reason shall serve as delegates until the next September meeting of this Council when their credentials must be renewed.

    Sec. 4.    The number of delegates each local union affiliate is entitled to shall be based upon the average number of members for whom each affiliate pays monthly per capita dues during the twelve (12) calendar months ending with June of each year.  The number of delegates each affiliate is entitled to shall remain in place until the calculation of delegates the following June. Any new affiliate who affiliates after  June shall be entitled to 1 delegate for the remainder of the base period.

    Sec. 5.    (a)    The number of delegates each local union affiliate is entitled to shall be as follows:

    1 delegate for 500 members or less
    2 delegates for 501 to 2,500 members
    4 delegates for 2,501 to 5,000 members
    8 delegates for 5,001 to 10,000 members
    9 delegates for 10,001 to 15,000 members
    10 delegates for 15,001 to 20,000 members

One additional delegate for each additional 5,000 members above 20,000 or a major fraction thereof.

        (b)    Affiliates, other than local unions, as described in Article III, Sections 1(b) and 1(d) shall be entitled to one (1) delegate each. Affiliates, other than local unions, as described in Article III, Section 1(c) shall be entitled to one (1) fraternal delegate each.

        (c)    The Secretary-Treasurer, no later than twenty-one (21) days prior to the  September meeting of the Council, shall inform each affiliate of the number of delegates each is to have for the following year.

        (d)    Executive Board members shall be delegates pursuant to Article VIII, Section 5, but shall not be counted as a delegate from any affiliate.

    Sec. 6.    Any delegate may, upon conviction, after charge, notice and hearing, be expelled or suspended from the Council for having engaged in conduct or a course of activity hostile or contrary to the best interests of the Council or contrary to its Constitution or By-Laws.

    Sec. 7.    It shall be the responsibility of each delegate to bring back to his/her local union, the proceedings of the Delegates’ Body and to assist in carrying out the decisions of the Council in the furtherance of the trade union objectives of the AFL-CIO.

    Sec. 8.    In addition, it shall be the duty of each delegate to report on the situation of his/her own local union and to seek the assistance of the Council whenever such assistance is requested by his/her local union.

    Sec. 9.    Further, it shall be the obligation of each delegate to vote for all officers of the Council and to vote on any and all amendments to the Constitution and By-Laws, and to carry out such other duties as are provided for in the Constitution and By-Laws.

    Sec. 10.    All delegates before being seated as a member of this Council are to affirm the following obligation:

"I [give name] do solemnly pledge my honor that I will obey the Constitution and By-Laws and the rules and regulations of the New York City Central Labor Council AFL-CIO and, to the best of my ability, perform all the duties I may be called on to discharge as a delegate thereto.  I also pledge to purchase union-made products, to patronize union services, when available, and that I will qualify myself to vote in all local, state and Federal elections."

ARTICLE V

Voting

    Sec. 1.    Except on roll call votes, each delegate shall be entitled to one vote. Voting shall be by voice vote or division of the house (show of hands or standing vote) unless a roll call is properly demanded by the required number of delegates as provided for in Section 2 of this Article. No delegate shall be permitted to cast the proxy of another delegate and no delegate shall be allowed to represent more than one organization.

    Sec. 2.    A roll call vote shall be held on any pending question, including election of officers, upon demand of thirty percent (30%) or more of the delegates present.

    Sec. 3.    On roll call votes each local union shall be entitled to a number of votes equal to the average membership of the local union as determined according to the provisions of Section 4 of this Article.

    Sec. 4.    (a)    The average membership of a local union shall be determined by dividing by twelve (12) the total membership for which per capita has been paid for the preceding twelve (12) month period.

        (b)    The Secretary-Treasurer shall determine the number of roll call votes for each affiliate as soon as practicable after the close of business on the fifteenth (15th) day or the month following the end of the computation period in 4(a) above based solely upon per capita dues payments actually received by or before the close of business on the fifteenth (15th) day, 5:00 P.M. In the event the fifteenth (15th) falls on a Saturday, Sunday or holiday the deadline shall be extended to the close of business on the next succeeding business day. Any per capita received after said date and time shall not alter the computation.

        (c)    Once determined by the Secretary-Treasurer the number of roll call votes allocated to each affiliate for all purposes other than the election of Officers shall remain in effect for a period of one year or the date of the next determination, whichever is earlier.

    Sec. 5.    In the event of a roll call vote, the votes of a local union shall be divided equally among all its accredited delegates present and each delegate shall be entitled to cast only his/her assigned number of votes, except, to facilitate the calling of the roll, one delegate may be determined to cast all of the votes of the delegates representing his/her local union, provided that if any delegate shall challenge the correctness of the votes so cast, the individual delegates of that local union shall be polled.

    Sec. 6.    Affiliates, other than local unions, as described in Article III, Sections 1(b) and 1(d), shall be entitled to one (1) vote each. No AFL-CIO constituency group may vote in any meeting or proceeding concerning the endorsement of a political candidate or other partisan political activity concerning public elected office by this Council.

    Sec. 7.    The Secretary-Treasurer shall maintain, on a current basis, the official roll of delegates, showing the average membership of each local union as established under the provisions of this Article V Sections 3 and 4.

    Sec. 8.    At all meetings of the Council every Executive Board member shall have a voice and one (1) vote except that the presiding officer may cast one (1) vote only when such vote could change the result.

ARTICLE VI

Meetings

    Sec. 1.    Delegates meetings of this Council shall be on the third Thursday of each month except July and August. All Delegates  meetings of the Council shall commence at 6:00 p.m.

    Sec. 2.     The Executive Board of this Council shall meet at least quarterly. An Executive Committee approved by the President shall meet to advance the interest of the Council between meetings.

    Sec. 3.    The President shall be authorized to call special meetings of either the Council or the Executive Board of this Council, or both, if he deems it necessary. Notice of said special meetings shall be sent to the duly authorized members of this Council or of the Executive Board as the case may be

    Sec. 4.    Fifteen percent (15%) of the accredited delegates to this Council shall constitute a quorum for the transaction of business at the Delegates meetings.

    Sec. 5.    A record of attendance shall be kept.

    Sec. 6.    The President of the AFL-CIO, and the President of New York State AFL-CIO or their designees, shall have the right to participate and have a voice in all Council activities, meetings and deliberations.

ARTICLE VII

Officers and Elections

    Sec. 1.    The Officers of this Council shall consist of a President, Secretary-Treasurer, and Members of the Executive Board. Each officer must be a member in good standing of an affiliate. The President shall be a full-time salaried officer of the Council and shall not hold a salaried position, or any other position of administrative or executive authority, in a union or any subordinate branch of a union. The Secretary-Treasurer shall be a part-time position.

    Sec. 2.    No individual shall be eligible to serve either as an Officer of this Council who consistently pursues policies and activities directed toward the achievement of the program or purpose of authoritarianism, totalitarianism, terrorism and other forces that suppress individual liberties and freedom of association or who holds a salaried position or any other position of administrative or executive authority in a union, or any subordinate branch of a union, which has been suspended or expelled from the AFL-CIO.

    Sec. 3.    The term of office shall be Four (4) years for the President, Secretary-Treasurer and Executive Board and each Officer shall hold office until the July 1 following their election and installation.  
 
    Sec. 4.    The election of Officers shall be held at the Delegates meeting in the month of June in election years. Nominations shall be opened at the May meeting. The election shall not be postponed except for absence of a quorum or by order of the AFL-CIO or duly constituted public authority. A postponed election shall be held at the first succeeding Delegates meeting with due notice being given all affiliated organizations, or as may be directed by the AFL-CIO or by the public authority which ordered the postponement.

    Sec. 5.    Each officer shall be installed immediately upon his/her election, except that an Officer-Elect who is unavoidably absent shall be installed at the earliest possible meeting following the election, or he may be given the obligation at a meeting of the Executive Board. Officers shall assume office on the July 1st following their election and installation or upon installation if the election has been delayed.

    Sec. 6.    (a)    The election for uncontested offices may be by acclamation with the Secretary-Treasurer casting one vote at the request of the President, if the offices of the President or the Secretary-Treasurer are vacant the Executive Board may designate an individual to cast one vote. The election for contested offices shall be held by show of hands unless a roll call vote is demanded by the requisite number of delegates. It shall require a majority of those present and voting to elect.

        (b)    In cases where no candidate for a particular office receives a majority on the first vote all but the two candidates for that office receiving the greatest number of votes shall be eliminated and a second vote runoff shall be taken.

        (c)    Run-off elections under subsection (b) or which are made necessary by a tie vote may be deferred until the next Delegates meeting by majority vote of the Council.

    Sec. 7.    Election by roll call vote shall be held in accordance with the provisions of the AFL-CIO Rules Governing Area Labor Councils and Central Labor Councils in effect on the day of the election.

    Sec. 8.    In the event of a vacancy in any office other than President, the President shall appoint a successor with in thirty (30) days, who shall be approved by Executive Board at its next meeting. If the position of President becomes vacant, the position will be filled by a special election, with nominations being made at the next Delegates meeting following the vacancy and the election occurring at the succeeding Delegates meeting.

    Sec. 9.    Before entering upon his/her duties each Officer-Elect shall assume the following obligation: “I, (give name), do hereby promise to faithfully perform all the duties of the office to which I have been elected to the best of my ability, and to uphold the Constitution of the Council and of the AFL-CIO. I further promise to deliver all property in my possession belonging to this Council to my successor in office and to surrender such property to the President of the AFL-CIO upon his/her official demand.”

    Sec. 10.    Should any Officer be absent for three (3) consecutive meetings and fail to present a valid excuse, his/her voting privileges shall be suspended until present for three (3) consecutive meetings.

    Sec. 11.    Delegates from affiliates which have not been suspended in accordance with this Constitution shall be permitted to vote in officer elections or on any other business coming before the Council.

    Sec. 12.    No less than 30 or more than 120 days prior to an election of officers, the Council shall supply each affiliated organization with a list containing the following information:

            (i)  the name and mailing address of each of the Council’s elected officers (including executive board members); (ii)  the name and mailing address of each of the organizations affiliated with the Council; (iii)  the name of each of the affiliated organization’s principal officers; (iv)  each organization’s projected per capita voting strength and delegate entitlement at the election; and (v)  to the extent available, the names of the delegates. The Council shall also provide a list containing the information set forth above in each non-election year in the same month in which the information was last provided. Officers of organizations affiliated with the Council shall also be entitled at the place where the records are kept to inspect, and to make their own notes concerning, the most-current underlying records relating to the information included in the lists provided for above.

    Sec. 13    In accordance with AFL-CIO Ethical Practices Code, annexed hereto, no person who is convicted of any felony involving the infliction of grievous bodily injury, any crime of dishonesty, or any crime involving abuse or misuse of such person’s position, shall serve as an officer or managerial employee of the Council.

ARTICLE VIII

Executive Board

    Sec. 1.    There shall be an Executive Board composed of the President, Secretary-Treasurer and up to forty (40) members of Council affiliates. Additionally, in areas with one or more viable AFL-CIO constituency groups, the combined constituency groups affiliated with the labor council shall be entitled to one voting seat (or more, if the labor council’s constitution so provides) on the labor council’s governing board.  

    Sec. 2.    The Executive Board shall be the governing body of the Council with full power to direct the hiring, firing and salaries of all personnel and it is authorized and empowered to take such action and render such decisions as may be necessary and appropriate to safeguard and promote the best interests of the Council and its affiliated unions and as may be necessary to carry out any of the purposes set forth in Article II of this Constitution.

    Sec. 3.    A quorum for transaction of the business of the Executive Board shall consist of a majority of its members.

    Sec. 4.    All resolutions of the Council must be presented in writing and be referred to the Executive Board. The Executive Board shall act on the resolution and report its action at the next meeting of the Council.

    Sec. 5.    The members of the Executive Board shall be delegates of the Council and enjoy the full rights and privileges of delegates including the right to vote on all matters brought before the Council except for those matters in which a roll call vote is demanded.  Executive Board members will not be counted as a delegate for any affiliate.

ARTICLE IX

Duties of the President and Secretary-Treasurer

    Sec. 1.     The President shall serve as the chief executive officer of the organization; preside at all meetings except as otherwise provided in this Constitution; supervise the conduct of the Council’s affairs; together with the Secretary-Treasurer the President is an authorized signatory on all checks issued by the New York City Central Labor Council, each check must have the signatures (with the use of signature stamps, computer generated or other facsimiles of the signatures not being acceptable of the two officers; have the authority to interpret the Constitution and such interpretation shall be conclusive and in full force and effect unless reversed or modified by the Executive Board; have the authority to call all meetings; be an ex-officio member of all committees; be a delegate to the National and State AFL-CIO conventions; and direct and supervise all activities on behalf of the Council in accordance with the policies and programs adopted by the Executive Board.

    Sec. 2.    The Secretary-Treasurer shall keep a complete, fair and impartial record of all proceedings of all meetings of the New York City Central Labor Council AFL-CIO. The Secretary-Treasurer shall be the chief custodian of all files, records, books, documents and effects of the Council. The Secretary-Treasurer shall inform all delegates of Delegates and special meetings ordered by the President or by the delegate body or the Executive Board of the Council. The Secretary-Treasurer shall see to it that all bills for dues are sent out, all checks and monies in payment for same are received, receipts for all monies received are transmitted and an account is kept in a single receipt book, such books to be available to the proper officers of the New York City Central Labor Council AFL-CIO or its auditors at all times. It shall be the further duty of the Secretary-Treasurer to secure new affiliations and keep a correct record of all the labor organizations within the jurisdiction of the New York City Central Labor Council AFL-CIO. It shall be the duty of the Secretary-Treasurer to insure that receipts are kept of all financial transactions of the Council not otherwise provided for by the Executive Board and approved by the Council. The Secretary-Treasurer shall confirm the payments of all monies on signed authorizations of himself/herself, and the President. Together with the President, the Secretary-Treasurer is an authorized signatory on all checks issued by the New York City Central Labor Council; each check must have the signatures (with the use of signature stamps, computer generated or other facsimiles of the signatures not being acceptable of the two officers. The books and records of this Council shall be available at all times for inspection by the Auditor or any other authorized committee of the New York City Central Labor Council AFL-CIO.  The  Secretary-Treasurer shall perform the duties of the President in his/her absence or incapacity when so directed. The Secretary-Treasurer shall report to both the President and the Executive Board.

    Sec. 3.  All officers and managerial employees of the Council must certify that they have read the AFL-CIO’s Ethical Practices Code, that they are in compliance with it, and, if not, state the steps that will be taken to comply with it.    

ARTICLE X

Executive Committee

    Sec. 1.    There shall be an Executive Committee composed of the President and up to ten (10) Executive Board members chosen by the President and approved by the Executive Board, and to serve at the will of the Executive Board.

    Sec. 2.    The President and Executive Board shall advise and consult with the Executive Committee on Policy matters.

ARTICLE XI

Audit Committee

    Sec. 1.    There shall be a Audit Committee composed of five (5) Executive Board members of the Council.  The Secretary-Treasurer shall be the Chairman of the Audit Committee.

    Sec. 2.    The finances of the Council and the budgeting of the costs of carrying out the pro-grams of the Council shall be the concern of the Audit Committee. They shall analyze the state of the Council’s finances semi-annually and report thereon to the Executive Board. They shall advise the Executive Board and the Council as often as they consider it advisable on the financial needs of the Council. They shall develop a work plan and budget at least every two (2) years in accordance with the AFL-CIO's Rules Governing Area Labor Councils and Central Labor Councils.

ARTICLE XII

Standing Committee
and Special Committees

    Sec. 1.    The standing committee of the Council shall consist of a Committee on Political Education (COPE). The Committee on Political Education shall be composed of Officers of this Council and such other members as may be prescribed by appropriate by-laws which may hereafter be duly adopted, which may not conflict with the constitution, rules and by-laws of the AFL-CIO or of the Council. The Executive Board shall create additional special committees and the President shall appoint members of such committees subject to the approval of the Executive Board.

    Sec. 2. The Council shall establish an Ethical Practices Committee, in accordance with Section 10 of the AFL-CIO’s Ethical Practices Code, and it shall be constituted and conduct itself in accordance with the Ethical Practices Code.

ARTICLE XIII

Charges and Hearings

    Sec. 1.    Any affiliated organization by vote of its membership, or any officer of or delegate to the Council shall have the right to file charges (a)  against any delegate to the Council for having engaged in conduct or a course of activity hostile or contrary to the best interests of this Council or contrary to its Constitution, or (b)  against any officer of the Council for violating the constitution or rules of the AFL-CIO or the Constitution of this Council, or for conduct unbecoming an officer, misappropriation of funds, malfeasance in office or neglect of duty, or (c)  against any organization affiliated with the Council for having engaged in conduct or a course of activity hostile or contrary to the best interests of the Council or contrary to this Constitution.

    Sec. 2.    All charges shall be in writing, specifying the particular act or acts charged; shall be signed by the charging party or by its officers, if an affiliated organization; and shall be filed with the President or Secretary-Treasurer of the Council, or with any other officer of the Council, if both the President and the Secretary-Treasurer  are charged.

    Sec. 3.    Upon receipt of the charges properly filed the officer receiving the charges shall present them to the Executive Board at its next meeting and the Executive Board shall determine by majority vote whether or not the charges merit a hearing.

    Sec. 4.    If the charges are by a majority vote found worthy of trial, they shall be referred to a special trial board of five (5) delegates who shall be named by the President and approved by the Executive Board. If the charge is against the President, the trial board shall be named by the Secretary-Treasurer and approved by the Executive Board. The special trial board shall have the authority to summon witnesses for both sides of the controversy and shall notify all parties concerned in writing requesting that they appear before the trial board. The accused shall have the right to be represented at such hearing only by a delegate designated by him, who has agreed to so serve.

    Sec. 5.    The decision of the Executive Board under Section 3 or the trial board under Section 4 shall be reported to the next meeting of the Council. Such decision shall be final and binding unless appealed as hereinafter provided.

    Sec. 6.    The decision of the Executive Board or the trial board may be appealed to the Council by either party. Notice of such appeal shall be filed in writing with the President or the Secretary-Treasurer within ten (10) days of the Executive Board’s report to the Council. The appeal shall be heard expeditiously and at a Delegates meeting of the Council, at which time the charging party, the defendant and the Executive Board or the trial board, through its selected spokesman, in that order, shall be allowed ten minutes each to present statements of the case, following which the delegates shall vote on the question of sustaining the decision of the Executive Board or the trial board. It shall require a majority vote to sustain the decision.

    Sec. 7.    The final decision of the Council may be appealed to the AFL-CIO as provided in the AFL-CIO's Rules Governing Area Labor Councils and Central Labor Councils. The decision of the Council shall remain in effect during appeal unless reversed, modified or temporarily stayed by the AFL-CIO.

ARTICLE XIV

Finances

    Sec. 1.    Effective January 1, 2016, affiliated local unions shall pay per capita dues of twenty-five (25ȼ) per member per month on all dues-paying members of the local union except that a local union whose members are regularly employed in the jurisdiction of another Local Central Body, and is affiliated with such Central Body, shall be required to pay per capita dues only on its members regularly employed within the jurisdiction of this council.  Per capita dues increase to twenty-seven (27ȼ) cents per member per month, effective January 1, 2017; twenty-nine (29ȼ) cents per member per month, effective January 1, 2018; thirty-one (31ȼ) cents per member per month, effective January 1, 2019; thirty-three (33ȼ) cents per member per month, effective January 1, 2020.  The per capita dues shall increase by one cent (1ȼ) per member, payable monthly, effective January 1st of each year thereafter.  The Executive Board, upon recommendation of the Executive Committee, may by a majority vote, elect to delay or forego any or all of the scheduled increases no later than three (3) months nor no sooner than six (6) months prior to the effective date of the increase in any given year.  A local union desiring to affiliate shall pay one month’s per capita dues at the time of affiliation.  Thereafter, per capita dues for each month shall be paid not later than the fifteenth (15th) day of the following month.  Per capita dues in each case shall be based on the number of dues-paying members for the preceding month.  If per capita dues for any month is not paid by the fifteenth (15th) of the following month the local union shall be deemed in bad standing.   

    Sec. 2.    Other affiliated organizations (as defined in Article III, Section 1 (b)) shall pay an annual fee of $100.00. Any such organization desiring to affiliate shall pay one year’s fee prorated from the date of affiliation to the next July 31 at the time it affiliates. The annual fee for succeeding years shall be due on August 15th each year thereafter and, if not paid by the due date, the organization shall be deemed in bad standing.

    Sec. 3.    An affiliate which pays its per capita dues or annual fee on or before the due date set forth above shall be in good standing. Any affiliate which does not pay its per capita dues or annual fee on or before the due date, shall be notified of that fact by the Secretary-Treasurer  and shall be in bad standing until such time as the dues or fee are paid in full. Any affiliate which falls three (3) months and one (1) day or more in arrears shall be subject to the provisions of Article V, Section 4(c) and may also be subject to suspension from the Council under the procedures of Article XIV of this Constitution.

    Sec. 4.    A local union or other organization which has been suspended for nonpayment of dues, or which has withdrawn from membership, may be reinstated by payment of all amounts due and the current per capita dues or annual fees.  A union that has been suspended for nonpayment of per capita tax may pay only the amounts in arrears, but cannot pay for additional months to increase voting strength.  

    Sec. 5.    A local union paying per capita tax on less than its full, dues-paying membership shall be subject to suspension by the Executive Board under the procedures of Article XIV of this Constitution The Executive Board may require a local union to produce proof of membership where reason exists to believe such local union is violating this provision. If the local union shall fail or refuse to produce such proof on request, the Executive Board may base its determination on such evidence as may be available.

    Sec. 6.    The Executive Board may exonerate any local union from payment of per capita dues for any month that, in the opinion of the Executive Board good cause therefore exists. Exonerated members shall be regarded, for purposes of this Constitution, as members in good standing for the period of exoneration, and the membership for the months of exoneration shall be counted as zero (0) when calculating the number of votes an affiliate is entitled to.

ARTICLE XV

Financial Practices and Audits

    Sec. 1.    All funds of this Council shall be placed on deposit in a national bank or other federally insured financial institutions, as designated by the Executive Board. No funds shall be expended unless authorized by the Council, Executive Board or this Constitution and the expenditure is properly supported by a voucher showing the particular purpose of this expenditure and the source of the authority for making such expenditure. All invoices, receipts and other supporting documents shall be attached to the voucher, which shall be signed by the President and Secretary-Treasurer.

    Sec. 2.    The accounts and financial records of the Council including all committees and subordinate agencies of the Council, shall be audited annually by a Certified Public Accountant selected by the Executive Board and shall cover the full calendar year. These audits shall be submitted to the Council and a copy sent to the AFL-CIO. The Executive Board may require more frequent audits or examination of the accounts and financial records of the Council at its discretion.

    Sec. 3.    Officers and employees of the Council shall receive as compensation for the faithful performance of their duties an amount to be determined by the President and approved by the Executive Board.

    Sec. 4.    Officers, delegates and other authorized persons shall be reimbursed for necessary and legitimate expenses, including actual loss of salary, which may be incurred in the performance of authorized activities for the Council. An itemized accounting of such expenses shall be submitted.

    Sec. 5.    All officers and agents of this Council having a financial responsibility shall be covered by a fidelity bond in an amount to be determined by the Executive Board, or as may be required by the   AFL-CIO. Should the amount of this bond exceed the amount of the bond regularly furnished without cost by the AFL-CIO, the Council shall pay the additional cost of such bond.

    Sec. 6.  The Council shall prepare an annual budget and adopt a written expense policy. Expenses shall be reimbursed only upon submission of original receipts.  The use of the Council’s credit card for personal use is prohibited.  

ARTICLE XVI

Relationship with the AFL-CIO
and Affiliates of the AFL-CIO

    This Council shall confine its activities and statements to issues of local concern except as hereinafter provided. It shall take no action and it shall issue no statements in conflict with the AFL-CIO policy. No action of more than local concern may be taken except through regular AFL-CIO channels. This Council shall in no way interfere in the relationship between any of its affiliated organizations and their parent organizations. No delegate or affiliate of this Council shall engage in picketing or demonstration, issue any statement or take action of any kind in the name of the Council, without approval of the Executive Board.

ARTICLE XVII

Political Action

    The standing committee on COPE shall be the regular standing committee of the Council to carry out and support policies of the national AFL-CIO and national COPE. The primary function of these committees is to advance the political interests of the trade union movement. It shall be its responsibility to co-ordinate and guide and support the legislative and political program of the AFL-CIO, the New York State AFL-CIO, and this Council. It shall bring to the attention of all affiliates, AFL-CIO members, and all organizations in the community, all the matters of political and legislative interest of our members and their families.

ARTICLE XVIII

Rules, Parliamentary Authority
and Amendments

    Sec. 1.    The procedures to be followed by the Council with respect to Boycotts, Unfair Lists, Strikes, Collective Bargaining and Publications issued or endorsed by this Council, and in all other matters, shall be in accord with the AFL-CIO's Rules Governing Area Labor Councils and Central Labor Councils.

    Sec. 2.    In case of conflict between the provisions of this Constitution or other laws or actions of this Council and the Constitution of the AFL-CIO or the AFL-CIO's Rules Governing Area Labor Councils and Central Labor Councils, the latter shall prevail and appropriate steps shall be taken by the Executive Board to initiate such amendments to this Constitution or to change or modify the laws or actions of this Council as necessary to bring them into conformity with the Constitution and Rules of the AFL-CIO.

    Sec. 3.    The parliamentary rules contained in Robert’s Rules of Order, Revised, shall govern this Council in all cases to which they are applicable and in which they are not inconsistent with this Constitution, or such special rules of order as may be adopted by this Council.

    Sec. 4.    Amendments to this Constitution shall only be made by Affiliates in good standing who shall submit proposed amendments in writing to the Executive Board for action. The Executive Board must submit the proposed amendment to the next meeting of the Council for a first reading. Action on the amendment shall be taken at the following meeting of the Council. Amendments to the Constitution shall be made by a vote of two-thirds of the delegates present or, if on a roll call vote, by two-thirds of the per capita votes cast. All amendments adopted by the Council shall be subject to the approval of the AFL-CIO and shall take effect upon the date of such approval or a later date if so provided by the amendment.