Maryland State and District of Columbia AFL-CIO

Constitution

ARTICLE I

NAME AND AFFILIATION

Section 1. This organization shall be known as the Maryland State and District of Columbia, AFL-CIO, hereinafter referred to as the Maryland State and D.C., AFL-CIO. It shall consist of such affiliates as shall conform to this Constitution and the rules and regulations adopted thereunder.

Section 2. It shall at all times maintain affiliation with the American Federation of Labor and Congress of Industrial Organizations in accordance with the laws of that organization.

ARTICLE II
OBJECTS

The objects of the Maryland State and D.C., AFL-CIO shall be to promote through appropriate activities and programs in the State of Maryland and District of Columbia, the objects and principles of the American Federation of Labor and Congress of Industrial Organizations, including the following:

1. To aid workers in securing improved wages, hours and working conditions with due regard for the autonomy and integrity of affiliated unions.

2. To aid and assist affiliated unions in extending the benefits of mutual assistance and collective bargaining to workers and to promote the organization of the unorganized into unions of their own choosing for their mutual aid, protection and advancement.

3. To secure legislation which will safeguard and promote the principle of free collective bargaining, the rights of workers, farmers and consumers, and the security and welfare of all people.

4. To protect and strengthen our democratic institutions, to secure full recognition and enjoyment of the rights and liberties to which we are justly entitled, and to preserve and perpetuate the cherished tradition of our democracy.

5. To give constructive aid in promoting the cause of peace and freedom in the world.

6. To promote work environments, free of discrimination based on race, creed, color, sex, religion, disability, age, sexual orientation or national origin.

7. To aid and encourage the sale and use of union made goods and union services through the use of the union label and other symbols; to promote the labor press and other means of furthering the education of the labor movement; to promote the observance of Labor Day as the holiday honoring American Labor.

8. To protect the labor movement from any and all forces that suppress individual liberties and freedom of association and oppose the basic principles of our democracy and of free and democratic unionism.

9. To safeguard the democratic character of the labor movement.

10. While preserving the independence of the labor movement from political control, to encourage workers to register and vote, to exercise their full rights and responsibilities of citizenship, and to perform their rightful part in the political life of the local, state and national communities.

11. To recommend and support candidates for public office and to seek and recommend the nomination and election of candidates who pledge themselves to the support of Labor’s objectives.

12. To promote industrial peace and better understanding of Labor’s objectives with the citizens of Maryland State and the District of Columbia.

13. To secure affiliation of all AFL-CIO organizations.

14. To give recognition to the principle that craft, public employees, and industrial types of unions are all appropriate, equal and necessary.

ARTICLE III
HEADQUARTERS

Headquarters of the Maryland State and D.C., AFL-CIO shall be located at a place designated by the Executive Board.

ARTICLE IV
MEMBERSHIP AND DELEGATES

Section 1. Membership in the Maryland State and D.C., AFL-CIO shall consist exclusively of such of the following organizations within the geographical limits of Maryland and the District of Columbia as shall conform to the membership requirements of this organization:

(A) Local unions directly affiliated to the AFL-CIO and Local unions of national and international unions affiliated with the AFL-CIO.

(B) Central labor councils and area labor councils chartered by and in good standing with the American Federation of Labor and Congress of Industrial Organizations.

(C) Local and state councils chartered by the Trade and Industrial Departments of the AFL-CIO.

(D) Joint boards, district councils, state associations and similar subordinate organizations which are chartered by an affiliate of the AFL-CIO, provided all member local unions of such subordinate organizations are affiliated with the Maryland State and D.C., AFL-CIO.

(E) A state union retiree council.

(F) State chapters of AFL-CIO constituency groups, as defined in the Rules Governing AFL-CIO State Central Bodies, that are chartered by a national AFL-CIO constituency group. If a constituency group has one or more chapters in the state, but no statewide chapter, a local chapter designated by the national constituency group may be admitted as an affiliate.

Section 2. No organization officered, controlled or dominated by persons whose policies and activities are consistently directed toward the achievement of the program or purposes of authoritarianism, totalitarianism, terrorism and other forces that suppress individual liberties and freedom of association shall be permitted as an affiliate of any state central body.

Section 3. Affiliated local unions in good standing shall be entitled to representation and votes in conventions of the Maryland State and D.C.., AFL-CIO, based upon the average number of members upon whom per capita tax has been paid. The base period for calculating the average number of members of a local union shall consist of the first twenty-four (24) months of the twenty-six (26) month period immediately preceding the month in which the convention is held. The schedule of representation shall be as follows:

100 members or less 1 delegate
101 – 200 members 2 delegates
201 – 300 members 3 delegates
301 – 400 members 4 delegates
401 – 500 members 5 delegates
501 – 1000 members 6 delegates
1001 – 2000 members 7 delegates
2001 – 3000 members 8 delegates
3001 – 4000 members 9 delegates
4001 – 5500 members 10 delegates

For each additional
1500 members or any
fraction thereof 1 additional
delegate

The average membership of a local union shall be determined on the basis of per capita tax payments for the first twenty-four (24) months of the twenty-six (26) month period immediately preceding the month in which the convention is held. Local Unions affiliated for less than the twenty-four (24) month base period shall have the average determined by dividing the total per capita tax for all months in the base period by twenty-four.

Local unions, which affiliate after the end of the base period, shall be entitled to one (1) fraternal delegate without vote.

Section 4. On roll call votes each affiliated local union in good standing shall be entitled to one (1) vote up to one hundred (100) members or any fraction thereof, and shall be entitled to one (1) additional vote for each additional one hundred (100) members or any fraction thereof based upon the average membership as determined under the provisions of Section 3 of this Article.

Section 5. (a) Each affiliated area and central labor council, local and state councils chartered by the Trade and Industrial Departments of the AFL-CIO, Joint boards, district councils, state associations, and state union retiree council in good standing shall be entitled to two (2) delegates and two (2) votes.

(b) A state chapter, or local chapter if no state chapter exists, of an AFL-CIO Constituency group shall be entitled to one delegate and one vote. No AFL-CIO constituency group, or its delegate, 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 state federation, nor may any constituency group, or its delegate, be present for or have voice or vote in any meeting or decision of this state federation’s Committee on Political Education.

Section 6. Local unions may select alternate delegates who shall only be seated in the convention in the absence of the delegates for whom they have been selected as alternates.

Section 7. Delegates representing a local union may be permitted to employ the unit rule by agreement of the delegation in attendance. In such instances one delegate by agreement may cast the full vote to which his/her local union may be entitled. Otherwise, the full vote of the local union shall be divided proportionately amongst the delegates representing such local union.

Section 8. Each elective officer, whether or not he/she is a delegate from an affiliated organization, shall be a member of the succeeding convention with all the privileges of the floor but without vote unless he/she is a delegate representing an affiliated organization. Only expenses of full time officers and staff shall be paid by Maryland State and D.C., AFL-CIO.

Section 9. No person shall be eligible to serve as a delegate unless he/she is a member of a local union affiliated with this State Body or unless he/she 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. No individual shall be eligible to serve as an officer, member of the executive board or committee or other governing body of, or any other committee of, or as a delegate from, or as a representative, agent or employee of any state central body who consistently pursues policies and activities directed toward the achievement of the program or purposes of authoritarianism, totalitarianism, terrorism and other forces that suppress individual liberties and freedom of association.

ARTICLE V
CONVENTIONS

Section 1. The regular conventions of the Maryland State and D.C., AFL-CIO shall be biennially in the months of September, October or November at the discretion of the Executive Board, with the election of officers every four (4) years, at a time and place designated by the Executive Board. The Secretary-Treasurer shall issue a call for the regular convention not later than sixty (60) days preceding the convention.

Section 2. Special conventions may be called by the President with the concurrence of two-thirds (2/3) of the Executive Board, or they may be called by the Executive Board on its own motion, two-thirds (2/3) of the Board concurring. The President shall call a special convention upon written request of affiliated local unions representing one-fourth (1/4) of the affiliated organizations setting forth the purpose or purposes for which they wish the convention called. The Executive Board shall fix the time and place of a special convention and shall cause at least thirty (30) days notice to be given all affiliated organizations. The Secretary-Treasurer shall issue the call which shall state the particular purpose or purposes of the special conventions, and no other business shall be transacted. Representation at special conventions shall be the same as for regular conventions and shall be calculated as set forth in ARTICLE IV, Section 3.

Section 3. No less than 30 nor more than 120 days prior to a regularly scheduled convention, the state labor council shall compile and notify each affiliated organization of the availability of a list containing the following information: (i) the name and mailing address of each of the state labor council elected officers (including executive board members) ; (ii) the name and mailing address of each organization presently affiliated with the state labor council; (iii) the name of each of the affiliated organizations principle officers; (iv) each organization’s projected per capita voting strength and delegate entitlement at the convention; and (v) to the extent available, the names and mailing address of the delegates who will be entitled to vote at the convention. In any year in which there is not a regularly scheduled convention, the state labor council shall, during the same month as the last convention was held, compile and notify each affiliate organization of the availability of an updated list containing the information set forth in the first three parts of the preceding sentence, and if the central body’s constitution provides for per capita voting between conventions, the per capita voting strength each affiliated organization is entitled to in such a vote at the time the list is prepared. Officers of the organizations affiliated with the state central body 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.

Section 4. Credentials in duplicate shall be sent out to each affiliated organization with the convention call. One copy of the credential shall be returned to the Secretary-Treasurer with the name and address of the delegate duly certified thereon, at least fifteen (15) days prior to the opening of the convention if the delegate is to be considered for appointment to convention committees. The other copy of the credential shall be presented to the credentials committee by the delegate at the time of registration.

Section 5. Each delegate and alternate shall pay a registration fee for each voting local he or she represents as approved by the Executive Board to cover costs related to the convention.

Section 6. The following regular convention committees shall be appointed by the President:
C.O.P.E.
Credentials
Constitution and Laws
Officers’ Report
Rules
Union Label
Resolutions
Legislation
Auditing
Industrial Safety
Civil Rights
Education

Resolutions shall be referred by the President to the appropriate committee according to the subject matter, unless otherwise ordered by the convention. The President shall also appoint a corps of Sergeant-at-arms to assist him/her in maintaining order or decorum.

Section 7. Resolutions for consideration at the convention (Constitutional Amendments excepted, see ARTICLE XVII) may be submitted by an affiliated organization, by a duly accredited delegate, or by the Executive Board, and shall be sent to the Secretary-Treasurer at least five (5) days prior to the date for convening the convention. The Secretary-Treasurer shall cause copies to be prepared for the convenience of the delegates. No other resolutions shall be in order for consideration by the convention unless by consent of two-thirds (2/3) of the delegates present and voting.

Section 8. A quorum for the transaction of the business of the convention shall consist of delegates of a majority of local unions and other subordinate bodies registered for the convention.

Section 9. A roll call shall be ordered by the presiding officer on any pending question upon request of thirty per cent (30%) or more of the delegates present.

ARTICLE VI
EXECUTIVE OFFICERS AND THEIR DUTIES

Section 1. The Executive Officers of the Maryland State and D.C., AFL-CIO shall consist of a President, a First Vice-President, a Second Vice-President, and a Secretary-Treasurer. The President and the Secretary-Treasurer shall not come from the same International Union.

Section 2. All Executive Officers and Vice-Presidents at the time of their original election shall be accredited delegates to the convention representing an organization affiliated with the Maryland State and D.C., AFL-CIO. They shall at all times during the term of office maintain membership in an organization affiliated with the Maryland State and D.C., AFL-CIO. Failure to comply with these requirements shall cause the Executive Board to declare such position vacant.

If an Executive Board member, other than the full time paid officers, ceases to hold an elective office or appointed position in the affiliated organization he/she represented at the time of his/her election, the office he/she holds shall become vacant and be filled under the provisions of ARTICLE X.

Section 3. The President shall be the Chief Executive Officer and the Presiding Officer of the convention, and of the Executive Board. In addition to the duties regularly pertaining to the Presiding Officer and those elsewhere enumerated in this Constitution or By-Laws adopted pursuant thereto, he/she shall be the Director of the Department of Legislation and Chairman of the Committee on Political Education. He/she shall make a report to the convention of his/her activities, together with any recommendations he/she may wish to make. The President and Secretary-Treasurer shall cooperate in the exercise of their respective duties. The President shall be a full time paid officer of the Maryland State and D.C., AFL-CIO. The President shall make monthly written reports to the Executive Committee on activities that he/she is participating in and on activities that provide opportunities and challenges for the Maryland State and D.C., AFL-CIO.

Section 4. (a) The First Vice-President shall perform such duties as maybe designated by the President and/or the Executive Board. He/she shall preside at meetings in the temporary absence of the President.

(b) The Second Vice-President shall assist the President in the duties as directed and shall act in descending order in the absence of the President.

Section 5. (a) The Secretary-Treasurer shall be the custodian of all records and files of the Maryland State and D.C., AFL-CIO. He/she shall keep, or cause to be kept, a correct record of the proceedings of the convention, of the Executive Committee, and of the Executive Board. He/she shall receive and disburse all funds of the organization. He/she shall receive and disburse all funds of the organization. He/she shall maintain proper and adequate financial records to show the votes to which all affiliated organizations are entitled and the source and disposition of all funds in his/her care. He/she shall be the Assistant Director of the Department of Legislation and the Director of Education and Public Relations, and the Secretary-Treasurer of the Committee on Political Education. He/she shall also perform the duties elsewhere enumerated in this Constitution and By-Laws adopted pursuant thereto, and such other duties as are usual to the office of Secretary-Treasurer and as may be assigned him/her by the Executive Board. He/she shall give bond for the faithful discharge of his fiscal duties in an amount determined by the Executive Board. The cost of the bond shall be paid by the Maryland State and D.C., AFL-CIO. The Secretary-Treasurer shall be a full time paid officer of the Maryland State and D.C., AFL-CIO. The Secretary-Treasurer shall make monthly written reports to the Executive Committee on activities that he/she is participating in and on activities that provide opportunities and challenges for the Maryland State and D.C. AFL-CIO.

(b) Quarterly financial statements of all funds in keeping shall be submitted to the Executive Board and a report shall be submitted to the convention by the Secretary-Treasurer, showing all accounts in such detail as the Executive Board may require. All minutes of Executive Board meetings shall be submitted to the Executive Board.

Section 6. No full time salaried officer of the Maryland State and D.C., AFL-CIO shall accept any elective or appointive position which may conflict with his/her duties as an officer of Maryland State and D.C., AFL-CIO without approval of the Executive Board. All full time salaried officers of the Maryland State and D.C., AFL-CIO shall abide by the Ethical Practices Code for AFL-CIO Officers and Representatives.

Section 7. The President of the Maryland State and D.C., AFL-CIO shall be the delegate to the AFL-CIO Convention. The Secretary-Treasurer shall be the alternate delegate to the AFL-CIO Convention. Both delegate and alternate shall attend the AFL-CIO Convention if finances permit.

Section 8. After recommendation by the Trustees, the Executive Board of the Maryland State and D.C., AFL-CIO shall review and set salaries and expenses of the President and Secretary-Treasurer and the COPE/VIP Director annually.

Section 9. Expenses for full time paid officers shall be as follows – commercial travel expenses when incurred, and hotel accommodations, a car and related expenses and additional expense as approved by the Executive Board.

ARTICLE VII
VICE-PRESIDENTS

Section 1. Regional Vice Presidents

(A) There shall be forty (44) Regional Vice-Presidents who shall be selected from the regions as follows:
Salisbury ( 5)

Hagerstown ( 5)

Cumberland ( 5)

Washington ( 14)

Baltimore ( 15)
(B) The Regional Vice-Presidents shall be nominated and elected by the convention in accordance with ARTICLE X.

(C) All Regional Vice-Presidents shall assist in securing and maintaining the affiliation of the local unions in their respective areas with the Maryland State and D.C., AFL-CIO and shall carry out such other duties as they may be assigned by the President and/or Executive Board.

Section 2. Vice-Presidents at large from internationals.

(A) Each international shall be entitled to one (1) member as Vice-President for every 10,000 members based on paid on per capita tax. When an International union qualifies for a second board seat, based on the number of members in the International Union, it shall be encouraged to select a representative who will increase the diversity of the Executive Board.

These shall be in addition to Regional Vice-Presidents from the same international.

Vice-Presidents at large affiliated with the international unions shall be nominated or replaced by caucus of locals under the international.

Section 3. There shall be three (3) Vice-President Trustees elected.

Section 4. There shall be one (1) vice president for each Constituency Group recognized by the AFL-CIO and affiliated with the Maryland and DC AFL-CIO. This vice president shall be nominated by the Constituency Group affiliated with the Maryland State and District of Columbia AFL-CIO. The representative must be a member of a union affiliated with the Maryland State and District of Columbia AFL-CIO. All Constituency Groups will give consideration to geographic diversity in considering their nominee.

Section 5. There shall be one (1) Vice President from the Maryland and DC Alliance for Retired Americans, elected. This representative shall be nominated by the Maryland and DC Alliance for Retired Americans. This representative shall be from a local union affiliated with the Maryland and DC AFL-CIO.

Section 6. There shall be one (1) Vice President elected to represent the interest of younger workers and to develop future leaders (Futures Position). This representative shall be from a local union affiliated with the Maryland State and District of Columbia AFL-CIO. Consideration will be given to the representative being age 30 or less and contributing to the diversity of the Board.

ARTICLE VIII
EXECUTIVE BOARD

Section 1. The Executive Board shall consist of four (4) Executive Officers (President, 1st Vice President, 2nd Vice President and Secretary Treasurer), forty-four (44) Regional Vice-Presidents, the Vice-Presidents at large, one (1) Vice President at Large representing the interest of younger workers and future leaders (Futures Position), Vice-Presidents representing constituency groups, one vice president representing the Maryland and DC Alliance for Retired Americans, and three (3) Vice-President Trustees.

Section 2. There shall be an Executive Committee composed of the President, Secretary-Treasurer, the first and second Vice Presidents and seven (7) additional vice presidents.

A. The Executive Board shall elect the seven members to serve on the Executive Committee from among its members. The President shall submit seven (7) names to the Executive Board for consideration and the Executive Board may consider additional names as well. No National/International union may hold more than one Executive Committee seat, not counting the four constitutional officers, the constituency group vice president and the retiree group vice president.

B. The Executive Committee shall meet monthly. The president and secretary-treasurer shall advise and consult with the Executive Committee on policy matters.

C. The Executive Officers shall also after advising and consulting with the Executive Committee authorize funds and finances for (a) administrative and legislative activities; and (b) political education activities.

Section 3. At the first (1st) Board meeting following each convention the President shall appoint, with the approval of the Executive Board, such standing committees as he/she deems necessary. Said committees shall report to the Executive Board.

Section 4. No officer of the Maryland State and D.C., AFL-CIO shall use the prestige of his office to promote or advance the cause of any political party or candidate except in conformity with the policies of the Maryland State and D.C., AFL-CIO, or their political arms.

Section 5. The Executive Board shall conduct the affairs of the Maryland State and D.C., AFL-CIO between conventions. It shall be bound by the general policies laid down by the convention. It shall have the authority to act for and in the name of the organization in all other matters, including filling vacancies on the Executive Board.

Section 6. The Executive Board shall have authority in discretion, to appoint other personnel as may be needed to carry on business and activities of the Maryland State and D.C., AFL-CIO and to fix their salaries and expense allowances and define their duties. It may appoint any member of the Executive Board or any other qualified person to fill any of the above positions.

Section 7. The Executive Board shall meet at least four (4) times a year on call of the President, at such time and place as the Executive Board may designate. A Quorum necessary for the transaction of business shall consist of one-third (1/3) of the total members of the Executive Board, provided that at least three regions are represented, and further provided that at least one third (1/3) are from different regions. When not in session the Executive Board shall act upon such matters requiring immediate decision as may be submitted to it by the President, by mail ballot. A special meeting may be called by the President or upon written request of the majority of the Executive Board.

Section 8. Members of the Executive Board are required to attend Executive Board meetings unless officially excused for cause by the President or by a majority vote of the Executive Board. Unexcused absences from two consecutive meetings may be cause for removal of Office. Such removal shall require a majority vote of the Executive Board. Before removing the Executive Board member from office, the offending member shall have an opportunity to be heard. A vacant position shall be filled under the provisions of ARTICLE X.

ARTICLE IX
COMMITTEES

Section 1. The Maryland and D.C. AFL-CIO shall be seven standing committees. The committees shall be: Education, Organizing/Mobilizing, Community Outreach, Working Women, Retirees, Political (COPE) / Legislative and Ethical Practices Committee.

Section 2. The President shall appoint members to the committee, subject to approval of the Executive Board. Committee appointments shall strive to be representative of unions in different sectors, different geographic areas, as well as reflective of the race and gender of the membership represented by affiliated organization.

Section 3. Executive Board members, not serving on the Executive Committee, shall serve on a minimum of one standing committee.

Section 4. Committees shall meet at least four times per calendar year. Committees shall file written reports on committee meetings to the Executive Committee.

ARTICLE X
NOMINATIONS, ELECTIONS AND VACANCIES

Section 1. The nomination of all officers shall take place as the first order of business of the afternoon session on the second day of the convention. The election of officers shall take place as the first order of business of the afternoon session of the third day of the convention.

Section 2. Nominations for Vice Presidents.

(A) Recommendations for nominations of regional Vice-Presidents, pursuant to ARTICLE VII, Section 1, shall be made by the central body in the region which the Vice-Presidents shall represent.

(B) Recommendations for nominations for the constituency group Vice-President, pursuant to ARTICLE VII, Section 4, shall be made by the constituency groups affiliated with the State AFL-CIO. The nominee must be a member of an affiliated local union.

(C) Recommendations for nominations for the Retiree Vice-President pursuant to ARTICLE VII, Section 5, shall be made by the retiree council affiliated with the State AFL-CIO. The nominee must be a member of an affiliated local union.

Section 3. The election of any uncontested office shall be by acclamation. The election of all shall be by roll call vote on printed or written ballot which clearly show the name, organization and number of votes of the delegate casting the ballot. The votes of all delegates shall recorded in the proceedings of the convention. The ballots shall be preserved for a period of not less than six (6) months and shall be available for examination by any delegate or officer of any affiliated organization.

Section 4. Where there are more than two candidates for the same Executive Office, at every unsuccessful balloting the candidate receiving the lowest number of votes shall be dropped, the voting to then continue until one has secured a majority.

Section 5. The presiding officer shall appoint an election committee consisting of five (5) people from five different national or international unions who shall conduct the election. The committee thus appointed by the President shall receive the accredited votes for each local union or any affiliate from the credentials committee report.

Section 6. The term of office for all elected officers shall be four (4) years or until their successors are elected and installed.

Section 7. All officers shall hold office for the respective term and until their successors have been duly elected and installed, except that a retiring Secretary-Treasurer shall not be relieved of his/her bonded liability until his/her records and accounts have been duly audited and AFL-CIO property in his/her custody has been transferred to his/her successor.

Section 8. In the event of a vacancy in the office of either the President or Secretary-Treasurer, between regular conventions, by reasons of death, resignation or otherwise, the remaining officer shall perform the duties of the vacant office until a successor is elected. It shall be the duty of such Executive officer to issue within ten (10) days of the date of the vacancy a call for a special convention. Such convention shall be held within thirty (30) days following the call. However, if the vacancy occurs twelve (12) months or less prior to the regular convention the Executive Board shall be convened by the Executive Officer within thirty (30) days of the vacancy for the purpose of holding an election to fill the vacancy.

Section 9. Vacancies in the position of regional Vice-Presidents shall be filled by the Executive Board of the Maryland State and D.C., AFL-CIO after receiving the recommendations of the central body from the region in which the vacancy occurred.

Section 10. The officers-elect shall assume office at the conclusion of the convention just prior to adjournment and they shall assent the following obligation before entering upon their duties:

“I (name) do hereby promise to faithfully perform the duties of the office to which I have been elected to the best of my ability and to the benefit and honor of the Maryland State and D.C., AFL-CIO and in the event of resignation or removal from office, or at the expiration of my term, I promise to deliver to my successor all property in my possession belonging to the Maryland State and D.C., AFL-CIO. I further promise to protect and defend the American Federation of Labor and the Congress of Industrial Organizations and surrender all AFL-CIO property to the President of the AFL-CIO on his official demand.”

ARTICLE XI
CHARGES AND TRIALS
(Timelines)
All charges filed by an affiliated organization against any officer, delegate or affiliated organization of the Maryland State and D.C., AFL-CIO shall be referred to the Executive Board in writing, who shall act as trial committee. The accused and accuser shall have the right to appear and be heard before the trial committee. The accuser or the accused not being satisfied with the decision of the trial committee, may appeal the decision to the next convention of the Maryland State and D.C., AFL-CIO. Pending this appeal, the decision of the trial committee shall remain in effect, unless the decision is stayed by the President of the AFL-CIO. Following the appeal to the convention there may be a further appeal as provided in the Rules of the AFL-CIO Governing State Central Bodies.

ARTICLE XII
PER CAPITA PAYMENTS , FINANCES , EXPENSES , AUDITS

Section 1. Affiliated organizations shall pay sixty cents (.60) per member, per month, on all dues paying members.

A portion of these per capita payments shall be provided periodically but at least annually by the Maryland State and D.C. AFL-CIO to the Western Maryland, Central Maryland, and Del-Mar-Va Central Labor Councils, based on a mutually agreed-upon workplan and budget.

Per capita payments shall indicate the number of members living or working within the jurisdictions of the Western Maryland, Central Maryland, and Del-Mar-Va Central Labor Councils on whose behalf per capita payments are being made.

Every effort shall be made to increase the affiliation with the Maryland State and D.C., AFL-CIO and also to encourage all affiliated locals to pay on their full membership.

Any local union paying per capita tax to the Maryland State and D.C., AFL-CIO on a membership less than they have must support the reduced payment with proof of loss in membership commensurate with the reduction in payment.

The per capita tax payable to Maryland State and D.C., AFL-CIO by central labor councils and other subordinate bodies shall be fifty dollars ($50.00) per year, payable in advance.

Section 2. An organization desiring to affiliate shall pay one (1) month’s per capita tax at the time of affiliation.

Section 3. Dues for any month shall be payable at any time during the following month.

Section 4. An affiliated organization which becomes three (3) months in arrears shall not be considered in good standing and shall be notified promptly of this fact by the Secretary-Treasurer. In the event the organization fails to pay the arrearage within thirty (30) day, such organization shall stand suspended and subject to Section 5 of this ARTICLE.

Section 5. An organization which has been suspended, or which has withdrawn, may be reinstated within a year of such suspension or withdrawal by payment of all amounts due at the time of suspension or withdrawal, and per capita tax from that date to the date of reinstatement. An organization which has been suspended or withdrawn for more than a year may be reinstated by payment of a reinstatement fee equal to three (3) months dues; affiliation for the purpose of representation in conventions of the Maryland State and D.C., AFL-CIO shall be computed from the date on which such payment is made. The Executive Board may modify the reinstatement fee where circumstances exist which in their judgment warrant such action.

Section 6. If any local union is unable to pay all or part of its per capita because of financial difficulty caused by strikes, lock-outs, or unemployment of its members, or other circumstances beyond the control of the local union, it shall report such circumstances to the Relief Appeals Committee of the Executive Board, which may, if circumstances justify, cause the Secretary-Treasurer to waive such per capita tax from time to time until the local shall be able to pay full per capita. The per capita so waived shall be treated as paid, for purposes of representation at conventions of the Maryland State and D.C., AFL-CIO.

Section 7. All funds of the Maryland State and D.C., AFL-CIO shall be received by the Secretary-Treasurer and placed on deposit in a national bank or banks, approved by the Executive Board, and shall be paid out only by check, bearing the signatures of the President and Secretary-Treasurer, or alternates who may be designated by the Executive Board. No check shall be drawn unless properly supported by a voucher authorizing such expenditure, showing the source of the authority. Each voucher shall be signed by the person in charge of the activity or for such purpose for which the check is drawn and countersigned by the President.

Section 8. The accounts and financial records of the Maryland State and D.C., AFL-CIO shall be audited annually by a certified public accountant or such auditors selected by the Executive Board, and shall cover the fiscal year from July 1 to June 30, inclusive. These audits shall be submitted to the convention. The Executive Board may require more frequent audits or examination of the accounts and financial records of the Secretary-Treasurer at its discretion.

Section 9. Actual expenses of officers, employees and others on official business of the Maryland State and D.C., AFL-CIO shall be paid when duly authorized. All expenses shall be properly itemized as to hotel, travel incidental expenses, and the loss of salary or wages. Reimbursement for these expenses shall be at the same rate as for the full time officers.

Section 10. A local union paying per capita tax on less than its full dues paying membership shall be subject to suspension by the Executive Board.

The Executive Board may require a local union to furnish proof of membership where reasons exists to believe such local union is violating this provision. If the local union shall fail or refuse to produce such proof upon request, the Executive Board may base its determination on such evidence as may be available.

ARTICLE XIII
LEGISLATIVE REPRESENTATIVE

Section 1. The legislative activities of the Maryland State and D.C., AFL-CIO shall be under the direction of the Legislative Representative. He/she shall conform to the policies laid down by the conventions of the Maryland State and D.C., AFL-CIO and by the Executive Board. He/she shall submit a written report of his/her activities and of the action of the General Assembly of the State of Maryland within sixty (60) days after its adjournment to the Executive Board, which shall cause a report to be printed and distributed to the affiliated organizations. The Legislative Representative shall also make a report to the convention.

Section 2. No legislation which directly applies to the trade, craft or occupation under the jurisdiction of any affiliated organization shall be supported or opposed by the Legislative Representative, except in conformity to the convention action, unless it has the support or opposition, as the case may be, of said organization.

ARTICLE XIV
POLITICAL ACTION

The political activities of the Maryland State and D.C., AFL-CIO, shall be under the direction of the Committee on Political Education of this organization which shall operate in accordance with the rules of the AFL-CIO Governing State Central Bodies as they apply to the Committee on Political Education.

ARTICLE XV
OFFICER AND EMPLOYEE BENEFITS

The Maryland State and D.C., AFL-CIO shall provide pension benefits for its officers and employees who qualify under the plan approved by the Executive Board. It shall also provide health and welfare benefits for said officers and employees as agreed upon by the Executive Board.

ARTICLE XVI
NON DISCRIMINATION

The Maryland State and D.C. AFL-CIO will conform to and comply with all applicable federal, state and local government laws concerning discrimination. The Maryland State and D.C., AFL-CIO will not discriminate on the basis of race, creed, color, sex, religion, disability, age, sexual orientation or national origin.

ARTICLE XVII
PARLIAMENTARY AUTHORITY AND AMENDMENTS

Section 1. The rules contained in Robert’s Rules of Order, Revised, shall govern the Maryland State and D.C., AFL-CIO in all cases in which they are applicable and in which they are not inconsistent with the Constitution and By-Laws or special rules of order of the Maryland State and D.C., AFL-CIO and the Constitution and Laws of the AFL-CIO, the latter shall prevail. Appropriate steps shall be taken by the Executive Board to change or modify the Constitution and By-Laws of the Maryland State and D.C., AFL-CIO to bring them into conformity.

Section 2. The Constitution may be amended by any regular convention or by a special convention called for that purpose by two-thirds (2/3) of the votes cast, provided the proposed amendments have been submitted in writing and properly certified to the Secretary-Treasurer by an affiliated organization in good standing, not later than fifteen (15) days prior to the convening of the convention. The Executive Board shall be allowed to introduce proposed amendments through the first day of the convention. All amendments, upon adoption of the convention, must be submitted for approval to the AFL-CIO before becoming effective.


MARYLAND STATE AND D.C., AFL-CIO
GOVERNING IT’S COMMITTEE ON POLITICAL EDUCATION

FORWARD

This Committee on Political Education is not a delegate body but is a standing committee of the Maryland State and D.C., AFL-CIO.

The Committee is governed by the applicable provisions of the Constitution of the AFL-CIO, by the Rules Governing AFL-CIO State Central Bodies appended hereto, by the Constitution and By-Laws of the Maryland State and D.C., AFL-CIO, and by such special By-Laws as may be adopted by this Committee on Political Education pursuant to Rule 29.

ARTICLE I

Pursuant to Rule 30, the Maryland State and D.C., AFL-CIO Committee on Political Education, hereinafter referred to as State COPE, shall be composed of the following:

1. The officers and members of the Executive Board of the Maryland State and D.C., AFL-CIO.

2. The State COPE Director.

3. The AFL-CIO Regional Director, or his/her designee.

4. Two representatives from each local central body in Maryland, who shall be designated by their respective central bodies and two representatives designated by the Greater Washington Central Labor Council.

ARTICLE II

Section 1. The Chairman shall preside and preserve order at all meetings of State COPE. He/she shall transact such business as may of right appertain to the office. He/she shall be an ex-officio member of all sub-committees.

Section 2. The Secretary-Treasurer shall keep a correct record of the proceedings of the meetings of State COPE. He/she shall pay all bills duly authorized and deposit all COPE funds in the bank in the name of State COPE. He/she shall submit a report on the condition of the treasury at each meeting of State COPE. He/she shall perform such other duties as are usual to his office or may be assigned to him by the chairman or by State COPE. The Secretary-Treasurer shall be ex-officio member of all sub-committees. (refer to Rule 46 for reports and audits)

Section 3. A Director of State COPE shall be appointed by the Chairman, subject to the approval of State COPE.

(a) The Director of State COPE shall be subject to appointment or re-appointment after each election of State officers of the Maryland State and D.C., AFL-CIO.

(b) The Director of State COPE may be removed from office by the chairman for just cause, subject to the approval of a majority of State COPE.

(c) The Director of State COPE shall work under the direction of the Chairman in carrying out the decisions of State COPE.

Section 4. Pursuant to Rule 36 there is hereby established an administrative sub-committee of which the chairman and the secretary-treasurer shall be members, to carry on the non-policy functions of State COPE and to expedite the routine functioning of State COPE. In addition to the Chairman and Secretary-Treasurer the administrative sub-committee shall consist of the COPE Director, the VIP Director and 5 member (s) designated by State COPE.

ARTICLE III

Section 1. The Maryland State and D.C., AFL-CIO is committed to the support of honest, sincere, qualified, progressive candidates for public office; who by their record have demonstrated their support of the objectives to which the AFL-CIO is dedicated. In the making of endorsements, the capability, intelligence, integrity and past record of the individual shall be employed as criteria for endorsement.

Section 2. Any AFL-CIO member has the same right as any other American citizen to run for public office. However, any AFL-CIO member running for public office who desires endorsement of the Maryland State and D.C., AFL-CIO, should before filing his nomination, meet with the proper sub-committee of State COPE and discuss the advisability of his running and any other matters connected with his campaign. Failure to follow this procedure may preclude an endorsement to such an AFL-CIO member.

(Note — see Rule 43 for the endorsement procedure)

ARTICLE IV

These State COPE By-Laws may be amended by State COPE subject to the approval of the Maryland State and D.C., AFL-CIO by convention action, or by the Executive Board acting between conventions, provided notice of the proposed amendment is given fifteen (15) days prior to said convention or executive board meeting. All amendments shall be submitted to the President of the AFL-CIO as required by Rule 8. Amendments adopted by State COPE and approved by the executive board shall be submitted to the President of the AFL-CIO, and if approved by him, shall be reported to the next convention of the Maryland State and D.C., AFL-CIO for ratification. Should the convention make any substantive change in any amendment such amendment shall be resubmitted to the President for approval. It shall require a two-thirds vote to adopt or amend any by-law at each step of the amending process.

ARTICLE V

The rules contained in Robert’s Rules of Order, Revised, shall govern meetings of State COPE in all cases to which they are applicable and in which they are not inconsistent with the Constitution, By-Laws or special rules of order of the Maryland State and D.C., AFL-CIO.
 

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