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Resolutions & Amendments

35th International Convention - Las Vegas, NV (2002)

An amendment to establish a mechanism for bargaining with multi-state employers

Amendment No. 1
35th International Convention
June 24 - 28, 2002
Las Vegas, NV

BE IT RESOLVED:

That the International Union Constitution is amended by adding a new Section 27 to Article IX to read as follows and re-numbering the subsequent sections as appropriate:

Section 27. In any case where a multi-state employer conducts operations within the jurisdiction of more than one council or unaffiliated local and more than one council or unaffiliated local has a collective bargaining relationship with such employer, the International President, subject to the approval of the International Executive Board, may, if it is determined that the interests of the affected employees will be served by such action, establish a national bargaining committee covering all affiliates having a collective bargaining relationship with such employer. In determining whether the interests of the employees will be served by the establishment of a national bargaining committee, the factors to be considered shall include the number of jurisdictions in which such employer operates facilities; the number of AFSCME affiliates that have or are seeking a collective bargaining relationship with such employer; and the numbers of AFSCME members and employees that are covered and potentially may be covered by such collective bargaining relationships. When a national bargaining committee has been established, all affiliates having or seeking a collective bargaining relationship with such employer shall be required to participate in the national bargaining committee. All collective bargaining certificates, recognitions and agreements shall, as soon as practicable after the formation of the national bargaining committee, be assigned to and held in the name of the International Union, and any requests for recognition or petitions for certification as the representative of employees of such employer shall be made in the name of, and filed only with the authorization of, the International Union. In order to maintain employment standards thereafter, no collective bargaining agreement with such employer, including any local supplements to such agreement, shall be effective without the signature of an authorized representative of the International Union. The activities of each national bargaining committee shall be directed by the International President or an authorized representative of the International President. The establishment of a national bargaining committee with respect to any employer shall not affect the charter jurisdictions of the participating affiliates or their right to receive dues, fees or per capita taxes from the employees of such employer who are employed within their jurisdiction or the rights of the participating affiliates or their members to participate in decisions affecting their wages, hours or other terms and conditions of employment as otherwise provided in this constitution.

SUBMITTED BY:

    Gerald W. McEntee, International President
    William Lucy, International Secretary-Treasurer
    AFSCME Jurisdiction Study Committee

        Ronald Alexander, International Vice President
        Ken Allen, Executive Director, Council 75
        Henry Bayer, International Vice President
        Peter Benner, International Vice President
        Anthony Caso, International Vice President
        Glenard Middleton, International Vice President
        Patricia Moss, International Vice President
        Joseph Rugola, International Vice President
        Mary Sullivan, International Vice President