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

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

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

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

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

(b) Any affiliate that claims such justification shall inform the President of the basis upon which the claim is made and the action the affiliate proposes to take.

(c) An Impartial Umpire, selected in accordance with Section 9 of this Article, shall conduct a hearing and shall find the facts, determine whether the proposed action would violate this Article in the absence of justification, and submit a report on these matters and a recommendation to the Executive Council as to whether or not the proposed action should be determined to be justified.

(d) The Executive Council, at either a regular meeting or a special meeting (which may be conducted by conference call), shall determine, in consideration of the report and recommendation of the Impartial Umpire and a presentation at such meeting by the affiliates involved concerning that report and recommendation, by a majority vote whether the proposed action would violate this Article in the absence of justification, and, in the event of its determination that it would, the Council shall determine by a two-thirds vote whether the proposed action is justified.

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

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

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

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

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

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

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

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

Section 13
(a) The subcommittee of the Executive Council may disallow the appeal, in which event the determination of the Umpire shall be final, and subject to no further appeal and shall go into full force and effect; remand the case to the Impartial Umpire for further proceedings; or refer the appeal to the Executive Council Article XX Appeals Committee consisting of the President, the Secretary-Treasurer, the Executive Vice President and 12 Vice Presidents drawn from various sectors of the labor movement, in which event the determination of the Umpire shall be automatically stayed pending disposition of the appeal by the Committee.

(b) The 12 Vice Presidents on the Appeals Committee shall be nominated by the President and approved by the Executive Council and shall serve two-year terms. The President shall not nominate a Vice President to serve for more than two consecutive terms. A quorum shall consist of seven members of the Committee, at least one of whom is an Executive Officer.

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

Section 14
The Executive Council shall have full and final authority on its own motion or at the request of any affiliate to consider policy questions under Article XX and to issue from time to time policy statements having prospective effect on the implementation of Article XX, which statements shall, from the date issued, supersede ­inconsistent prior policy statements and case decisions.

Section 15
(a) Any affected affiliate may file a complaint with the President that another affiliate has not complied with an effective determination of the ­Impartial Umpire or of the Executive Council on ­appeal. Upon receipt of such a complaint the President shall immediately convene a meeting of the subcommittee of the Executive Council referred to above.

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

Section 16
Immediately upon the issuance of such notification, the following shall apply:

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

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

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

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

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

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

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

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

Section 17
Any affiliate that has been found to be in non-compliance and that has been deprived of its rights under this Article may apply for restoration of such rights. Notice of such application shall be given to all of the affiliates involved in the determinations as to which there is non-compliance. If such affiliates consent, the President shall be authorized to restore the rights of the non-complying affiliate after it states its intention in writing to comply with the provisions of this Article. If any affiliate involved in the cases of non-compliance opposes the application, the rights of the non-complying affiliate shall be restored only under the following conditions:

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

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

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

Section 18
The President shall be authorized to delegate to such person or persons as he or she may designate any of his or her powers or functions under this Article except the authority granted by Sections 12, 15, and 17.

Section 19
Where a dispute between affiliates subject to resolution under this Article is also covered by a written agreement between all of the affiliates involved in or affected by the dispute, the provisions of such agreement shall be complied with prior to the invocation of the procedures provided in this Article. If such agreement provides for final and binding arbitration, and an affiliate party to such agreement claims that another such affiliate has not complied with a decision under that agreement, it may file a complaint under Section 15 of this Article and the procedures provided in this Article in the case of non-compliance shall be applicable. Where a dispute between affiliates subject to resolution under this Article is also covered by a written agreement between affiliates but involves or affects an affiliate not a party to such an agreement, the affiliate not a party to such agreement may invoke the procedures provided in this Article for the settlement and determination of such dispute.

Section 20
The provisions of this Article with respect to the settlement and determination of disputes of the nature described in this Article shall constitute the sole and exclusive method for settlement and determination of such dispute, and the provisions of this Article with respect to the enforcement of such settlements and determinations shall constitute the sole and exclusive method for such enforcement. No ­affiliate shall resort to court or other legal proceedings to settle or determine any disputes of the nature described in this Article or to enforce any settlement or determination reached under this Article, except that an affiliate, upon written authorization by the President, may take legal action to remedy non-compliance against an affiliate that has been found to be in non-compliance by the subcommittee and that has failed to come into compliance as directed by the President. An affiliate may also take legal action to enforce a determination or remedy non-compliance against a former affiliate that has withdrawn or been suspended from the Federation.

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