Bylaws

CONSTITUTION AND BY-LAWS SOUTH BAY AFL-CIO LABOR COUNCIL

Approved by the AFL-CIO September 2024 PREAMBLE

The Establishment of this South Bay AFL-CIO Labor Council as a unit of the American

Federation of Labor and Congress of Industrial Organizations is an expression of the hopes andaspirations of the working people of Santa Clara and San Benito Counties.

We seek the fulfillment of these hopes and aspirations through democratic processes within the framework of our constitutional government and consistent with our institutions and traditions.

At the collective bargaining table, in the community, in the exercise of the rights and responsibilities ofcitizenship, we shall responsibly serve the interests of all the American people.

We pledge ourselves to the more effective organization of workers; to the securing to them the fullrecognition and enjoyment of the rights to which they are justly entitled; to the achievement of ever higher standards of living and working conditions; to the attainment of security for all; to the enjoyment of theleisure which their skills make possible; and to the strengthening and extension of our way of life and thefundamental freedoms which are the basis of our democratic society.

We shall combat resolutely the forces which seek to undermine the democratic institutions of our nation and to enslave the human soul. We shall strive always to win full respect for the dignity of the human individual whom our unions serve.

Grateful for the fine traditions of our past and confident of meeting the challenge of the future, we proclaim this constitution.

ARTICLE 1 - Name and Affiliation

This organization shall be known as the South Bay AFL-CIO Labor Council, California AFL CIO, hereinafter referred to as the Council. It shall at all times maintain affiliation with the American Federation of Labor andCongress of Industrial Organizations in accordance with the laws of that organization. As a chartered organization of the AFL-CIO this Council shall conform its activities on state matters to the policies of theCalifornia Labor Federation, and on national affairs to the policies of the AFL-CIO.

ARTICLE 2 - Objects and Principles

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

To assist in furthering the appropriate objects and policies of the AFL-CIO, or of organizations affiliated with the AFL-CIO (provided such objects or policies are not inconsistent with the objects or policies of the AFL-CIO);
To serve as a means of exchanging information among affiliated bodies on matters of common interest;
To provide aid, cooperation and assistance to affiliated local unions and other affiliated bodies in the common and individual endeavors;
To propose, support and promote legislation favorable to and to oppose legislation detrimental to the interests of workers and organized labor;
To encourage workers to register to 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;
To engage in such other activities as are consistent with the objects and principles set forth in the Constitution of the AFL-CIO and the policies of the AFL-CIO.

ARTICLE 3 - Composition and Delegates

SECTION 1. This Council shall be composed exclusively of such of the following organizations within thegeographical limits covered by its charter and shall conform to this constitution and rules and regulations adopted pursuant thereto:

Local unions of National and International Unions and organizing committees affiliated with the AFL-CIO, and Local Unions chartered directly by the AFL-CIO.
Local unions with solidarity charters authorized by the Executive Council of the AFL-CIO, for so long as the charter remains in
Local Council's chartered by the Trade and Industrial Departments of the AFL-
Joint Boards, District Councils and similar subordinate organizations which are duly chartered by an affiliate of the AFL-CIO.
The Santa Clara County FORUM (Federation of Retired Union Members) whose delegates shall notbe allowed to serve as officers of the Council or delegates on the Executive Board.
Local chapters of constituency groups that are chartered by a national AFL-CIO constituency group and are within the geographic boundaries of this Council shall be allowed to affiliate with this C 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 activityconcerning public elective office by this, nor may any AFL-CIO constituency group, or its delegate be present of have voice or vote in any meeting or decision of this central labor council Committee onPolitical Education.

SECTION 2. Applications for affiliation shall bear the signature of the proper officers of the Union making application. It shall be accompanied by one month's per capita tax or the annual fee as the case may be.

SECTION 3. Affiliated Local Unions in good standing (that is, not more than two months in arrears, unless exonerated as hereinafter provided) shall be entitled to representation according to the following schedule:

50 members or less 1 delegate

51 - 100 members 2 delegates

101 - 200 members 3 delegates

201 - 300 members 4 delegates

301 - 500 members 5 delegates

501 - 700 members 6 delegates

701 - 1000 members 7 delegates

1001 - 2000 members 8 delegates

2001 - 3000 members 9 delegates

3001 - 4000 members 1O delegates

4001 - 5000 members 11 delegates

One additional delegate for each additional 1,000 members or any fraction thereof above 5,000.

Local Unions entitled to one delegate shall be allowed to designate an alternate delegate pursuant to Section 9.The number of delegates that a local union is entitled to must be calculated no less than every six (6) months.

SECTION 4. No AFL-CIO constituency group shall be granted ex-officio status or delegate(s) to the Labor Council if they do not meet the following additional criteria: 1) At least 10 active, dues payingmembers; 2) Group has been chartered and active for at least 6 months; 3) Group has held 6 consecutive monthly meetings with quorum; 4) An operating plan and budget, that has been submitted to the Executive Board of the South Bay AFL-CIO Labor Council; and 5) Group is in good standing with their National Organization.

SECTION 5. No delegate shall be permitted to represent more than one organization.

SECTION 6. Affiliated subordinate bodies other than Local Unions as defined in Section 1(c), 1(d), 1(e) and 1(f) shall be entitled to one delegate and one vote at a Council delegates meeting. A local chapter ofan AFL-CIO constituency group shall be entitled to one delegate and one vote. FORUM (Federation of Retired Union Members) Section 1

shall be entitled to 3 delegates and 3

SECTION 7. Annually in September, the Central Labor Council will notify each affiliate of the attendance of its delegates at Council Meetings for the past 12 months. Affiliates will be requested to confirm the status of such delegates and provide an updated roster of delegates from the affiliate to the Council.

SECTION 8. CREDENTIALS-This Council shall accept credentials presented by a duly elected or appointed delegate or alternate delegate of an affiliated organization who is eligible to be a delegate as provided in Article 3, Section 4. Such credential must be received and reviewed at the Executive Board meeting prior to each Council meeting.

The credentials submitted to the Council shall have printed thereon the name and correct homeaddresses signed by the proper officers of the Local Union and bearing its seal.

A delegate shall no longer be credentialed following notice from an affiliated Local Union in writing andsigned by the proper officers(s) of the Local Union. Such delegate shall no longer be credentialed immediately following receipt of the proper notice from the Local Union.

SECTION 9. INITIATIONS-Upon acceptance of a delegate's credential, the presiding officer shalladminister the following obligation: "I, (name of delegate), do solemnly pledge my honor that I will obey the rules and regulations of this -Labor Council and, to the best of my ability, perform all the duties I may becalled on to discharge as a delegate thereto. I also pledge that I will patronize only union products andestablishments when they are available, and that I will qualify myself to vote in all local, state and federal elections. I pledge to abide by the ethical practices code of the AFL-CIO and the anti-harassment and anti-discrimination policy and code of conduct of this council."

SECTION 10. The Council will undertake all reasonable efforts to ensure diversity of representation at every level.

ARTICLE 4 - Meetings

SECTION 1. The regular meetings of this Council shall be held on the third Mondays-of eachmonth at a time recommended by the Executive Board and approved by the Council delegates. With approval of the Executive Board, these meetings may be held virtually.

Virtual or hybrid meetings for the following purposes shall require a waiver from the President of the AFL-CIO: changes to constitutions or bylaws, including per capita changes; election of officers; endorsements of candidates or issues; spending of money outside of the current delegate-approved budget. The Council shalladvise the President of the AFL-CIO of the day, time and place of its regular delegate meetings.

SECTION 2. No business of any kind shall be transacted on any regular meeting night after10:00 P.M., unless voted by two-thirds of the delegates.

SECTION 3. All regular meetings of this Council shall be executive sessions; provided,however, exceptions may be made for special occasions.

SECTION 4. Officers or official representatives of recognized American Federation of Labor and Congress of Industrial Organizations bodies or guests will be admitted to regular sessions of this Council.

SECTION 5. Special meetings of the Council may be called by notice to each affiliated Local Unionand delegates, giving at least 10 day’s notice of said special meeting. No other business except that mentioned in said notice shall be transacted.

SECTION 6. Delegates equaling fifty percent (50%) plus one of the size of the Council's Executive Board and representing not less than eight Unions affiliated with this Council, officers included, shallconstitute a quorum.

SECTION 7. Unless a quorum be present, no business shall be transacted.

SECTION 8. Orders of Business (Orders of the Day)

Call to order
Pledge of Allegiance
Presentations
Credentials and Affiliations
Identification of Non-Delegates
Reading of Minutes
Executive Board and COPE Report
1. Financial Reports
2. General Contributions
3. Affiliations
4. COPE Business and Contributions
Continuing Business
New Business
Executive Officer Report
Contributions
Reports of Fraternal Organizations
Reports of Unions
Good of the Council Announcements
Adjournment

ARTICLE 5 - Funds, Revenue, Non-Payment of Per Capita Tax

SECTION 1. All money due and payable to this Council shall be made payable to the Council andplaced in a general fund in such bank or banks in the name of the Council as the Trustees or the Councilmay direct. No funds shall be expended unless they have been approved by the Council to defray necessary expenses for the advancement of the objects and principles of the Council and the AFL-CIO.

SECTION 2. All applications for donations to organizations other than affiliated LaborOrganizations shall be referred to the Executive Board for recommendation.

SECTION 3. This Council reserves the right to not consider any printed material asking for endorsement or contributions unless such printed material bears a Union Label. Except for Government publications, this Council shall not allow or cause to be distributed to the delegates or affiliates anyprinted material not bearing a Union Label, unless such material has been digitally created at a union office or approved for distribution by the Executive Board.

SECTION 4. Other affiliated organizations as defined in Article 3, Section 1(c), 1(d) and 1(f) shall pay an annual fee of $50.00, $10.00 of which shall be allocated to COPE. Any such organization desiring to affiliate shall pay one year's fee at the time of affiliating. The annual fee for succeeding years shall bedue on the first of the anniversary month each year thereafter and, if not paid by the first of the succeeding month after it is due, the

organization shall be deemed in arrears.

(b) Constituency groups as defined in Article 3 Section 1 (f) shall pay an annual fee of

$50.00. This fee shall be deposited into the general treasury. This fee shall be paid at the time of theorganization's desire to affiliate. The annual fee for succeeding years shall be due on the anniversary month each year thereafter and, if not paid by the first of the succeeding month after it is due, the organization shall be deemed in arrears.

SECTION 5. The revenue of this Council shall consist of dues, rents, per capita taxes andassessments levied by this Council in accordance with these By-Laws. The Fiscal Year of theCouncil shall begin on the first day of January of each year and end on the last day of December.

SECTION 6. Affiliated Local Unions shall pay a monthly per capita tax of eighty-seven cents effective 12/1/2023 and ninety-two cents effective 12/31/2024 on all dues paying members of the Local Union ofwhich one (1) cent per member per month shall be allocated to COPE. A Local Union desiring to affiliate shall pay one month's per capita tax at the time of affiliation. Per Capita tax for succeeding months shall be due on the first of each month thereafter. Per capita tax in each case shall be based on the number of dues- paying members for the preceding month. If the per capita tax for any month is not paid by the first of the following month, the Local Union shall be deemed in arrears. FORUM shall pay an annual affiliation fee of $50.00.

SECTION 7. A Local Union paying per capita tax of less than its full dues-paying membership shall be subject to suspension by the Executive Board. The Executive Board may require a Local Union toproduce 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 termination on such evidence as may be available.

SECTION 8. All dues, per capita taxes and assessments are due and payable on the 1^st of thefollowing month, and if not paid by the last day of the following month, such Union shall become delinquent, and not entitled to representation or any benefits accruing by reason of affiliation with this Council. If not paid by the 15^th of the third month, such Union shall become suspended and the American Federation of Labor and Congress of Industrial Organizations andthat national and international Union with which the local union is affiliated shall be notified to that effect.

SECTION 9. A Local Union or other organization which has been suspended, or which has withdrawn from membership, may be reinstated by payment of all amounts due at the time of suspension or withdrawal and the current per capita tax or annual fee. However, the average membership of a reinstated local unionfor purposes of roll call voting shall be computed from the date of reinstatement as if it were a newly affiliated Local Union. A union that has been suspended for nonpayment of per capita tax shall pay only the amounts in arrears due at the time of the suspension, but cannot retroactively pay for any additional unpaid months, including those months from suspension to reinstatement, to increase voting strength.

SECTION 10. The per capita payments of an affiliated Union may be exonerated by a three-fourths vote of delegates present at a regular meeting of this Council where it shown that delinquency of such Union hasbeen brought about by lockout, strike, or other good and legitimate reason, for a period not to exceed three months. At the expiration of three months, such Union may again make application for exoneration of dues, and the same may be granted in the same manner as provided for an initial application. Exonerated members shall be regarded for purposes of this constitution, as paid up members for the period of exoneration.

ARTICLE 6 - Officers and Executive Board Delegates

SECTION 1. The officers of this Council shall consist of an Executive Officer, President, Treasurer, FirstVice-President, Second Vice-President, Recording Secretary, Sergeant-at Arms, sixteen (16) voting delegates elected at-large, and the non-voting Ex-Officio representative from each constituency group that is affiliated with the Council for a total of 27 which shall comprise the Executive Board of the Council.

SECTION 2. A Board of Trustees consisting of three members shall be elected by the Council.

SECTION 3. All Officers and Executive Board delegates shall be elected for a term of two

(2) years. The Trustees shall be elected for a term of three (3) years.

SECTION 4. None but delegates in good standing shall be eligible to hold office in the Council. EachOfficer and Executive Board member, at the time of the election and at all times during the term of office, shall be a member in good standing of a local union affiliated with the Council. Any officers who have theircredential withdrawn by the organization of which they were representing at the time of election to said office shall automatically have that office declared vacant, and it shall be filled as prescribed in this constitution.

SECTION 5. VACANCIES- Whenever a vacancy occurs in an office or Executive Board position, the vacancy shall be filled in the following manner: The presiding officer shall declare such office vacant andshall instruct the Recording Secretary to notify all affiliated locals of the vacancy. At the next meeting, nominations shall be opened to fill the vacancy and at the following meeting the election shall take place bywritten ballots of the delegates present. Installation of such officers or Executive Board delegates shall take place at the next Executive Board meeting.

SECTION 6. (a) No individual shall be eligible to serve as an officer, member of the executive board orcommittee or other governing body of, or any other committee of, or as a delegate from, or as a representative, agent or employee of this Council 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. No person shall be eligible to serve in any of the aforementionedcapacities who holds a salaried position or any other position of administrative or executive authority ina union, or any subordinate branch of a union, that is suspended from, unaffiliated with or disaffiliated from the AFL-CIO.

(b) In accordance with the AFL-CIO Ethical Practices Code, no person who is convicted of any felony involving the infliction of grievous bodily injury, any crime of dishonesty, or any crime involving abuse ormisuse of such person's position or employment in a labor organization or an employee benefit fund shall serve as an officer or managerial employee of the Central Labor Council.

ARTICLE 7 - Duties of Officers

SECTION 1. PRESIDENT -The President shall be the presiding officer of all meetings of the Council and of the Executive Board. The President shall countersign all orders for the payment of funds of the Council, /shall exercise general supervision over the affairs and activities of the Council and shall perform such other duties as usually appertain to the office and as may be ordered by the Council orthe Executive Board. The President shall have power to interpret this Constitution, subject toratification of the Council. The President shall appoint all committees unless otherwise provided andbe ex-officio member of all committees. will countersign checks and sign all contracts and legaldocuments. The President, working with the Executive Officer, shall be responsible for the causing of an agenda for the Executive Board and Council meetings.

SECTION 2. FIRST VICE-PRESIDENT-The First Vice-President shall perform duties of thePresident in case of the latter's absence or incapacity and shall assist the President when requested. In the absence of either the President or Treasurer, may counter-sign checks,providing the second check-signer is either the President or Treasurer.

SECTION 3. SECOND VICE-PRESIDENT -The Second Vice-President shall perform duties of thePresident in case of the President's and the First Vice-President's absence or incapacity and shall assist the President and/or First Vice-President when requested. In the absence of either the President orTreasurer, may counter-sign checks, providing the second check- signer is either the President orTreasurer.

SECTION 4. TREASURER-The Treasurer shall be responsible for all financial affairs of this Council. The Treasurer shall counter-sign checks and shall submit at least quarterly appropriate financial statements of expenditures and income to the Executive Board and Council Delegates. The report shallbe subject to verification by the Trustees and supportive data must be supplied if requested. Thecouncil shall keep such records in such manner and for such duration as required by the AFL-CIOPresident or the Secretary-Treasurer by rules or otherwise. The council shall file such reports in suchmanner and at such times as may be required by the AFL-CIO President or the Secretary-Treasurer by rules or otherwise and shall produce their books and records on demand of the President, includingthose of any IRS Code Sections 501(c)(3) or 501(c)(4) organizations which it has established or onwhich its officers serve.

SECTION 5. RECORDING SECRETARY-The recording Secretary shall keep a correct and accuraterecord of proceedings of all regular and special Executive Board and Council meetings and shall furnish each affiliated Union with a copy of the proceedings of the Council.

SECTION 6. SERGEANT-AT-ARMS-The Sergeant-at-Arms shall have charge of the doors at allmeetings and shall assist the President to maintain order.

SECTION 7. (a)AII officers and managerial employees of this Council must certify that they have read theAFL-CIO's Ethical Practices Code, that they are in compliance with it, and, if not, state the steps that will betaken to comply with it. All officers and staff must pledge to abide by the anti-harassment and anti-discrimination policy and code of conduct of this council.

(b) All officers and agents of this Central Labor Council having a financial responsibility shall be covered by afidelity bond in an amount to be determined by the Executive Board, equal to no less than ten percent (10%) of its revenue in the prior fiscal year. Should the amount of this bond exceed the ten percent (10%), furnished without cost by the AFL-CIO, the Council shall pay the additional cost of such bond.

(c) The Council shall prepare an annual budget and adopt a written expense policy that includes, at aminimum, expense reimbursement through a voucher system, the submission of original receipts andapproval of expenditures, the prohibition of the use of the council's credit card for personal expenditures,and the barring of use of debit cards. Section 5.

ARTICLE 8 - Executive Board, Executive Officer, and Staff

SECTION 1. The Executive Board shall be composed of all the officers enumerated in Article 6, Section 1.

SECTION 2. The Executive Board shall be the governing body of the Council between meetings, and it isauthorized and empowered to take such action and render such decisions as may be necessary to carry outfully the decisions and instructions of the Council as may be necessary and appropriate to safeguard andpromote the best interests of the Council and its affiliated unions.

SECTION 3. MEETINGS/ATTENDANCE

The Executive Board shall meet regularly at least once each month at such time and place as it maydetermine, and it shall meet on call of the President or Executive Officer when a special meeting is necessary. Meetings may be conducted virtually as
Executive Board members shall be expected to attend all Executive Board and regular delegate meetings of the Council when possible for them to do so. Failure to attend three consecutive meetings of the Executive Board without a reasonable excuse given, and said excuse being subject to acceptance by the Executive Board, shall render such member of the Board subject to removal from office by amajority vote of the Executive Board with delegate approval.

SECTION 4. A quorum for transaction of the business of the Executive Board shall consist of a majority of its members.

SECTION 5. EXECUTIVE OFFICER AND STAFF

The Executive Board shall be empowered to employ and direct the Executive Officer, subject to approval of the delegates at a regular council meeting. All salaries and expense allowance to be paid to the Executive Officer shall be determined by the Executive The Executive Board shall beempowered to draw up, approve, and co-sign a contract of employment with the Executive Officer governing -salary, benefits, and expenses. While operating within an approved budget (including staff levels) the Executive Officer has the authority to arrange Council staff, including hiring and firing, in whatever manner the Executive Officer deems efficient for the administration of the Labor Council, subject to the approval of the Executive Board. Council staff, other than the Executive Officer, may not be officers of the Council. The Executive Board will be finally responsible for all policy regarding personnel matters.

The Executive Officer shall act as the Council's administrator subject to the supervision of thePresident and Executive Board. The Executive Officer shall:
- Track legislation of interest to affiliates at national, state and local levels and disseminate important developments to the Executive Board, affiliates, and Council
- Represent the Council and its affiliates before national, state and local governing
- Establish and maintain effective working relations with representatives of local unions, national, state and local elected officials, representatives of community organizations, and employer representatives.
- Upon request of local unions involved and by Executive Board direction, analyze and participate in resolving local trade disputes of affiliated local unions.
- Development of membership in theCouncil, through meetings with local
- Identify programs and resources available to aid local
- Coordinate activities of the Council with the State and National AFL-CIO, other labor organizations, and officially endorsed organizations.
- Produce and disseminate leaflets, notices, bulletins, letters, electronic communications, and other representation-oriented materials among affiliated local unions and other organizations as needed or as directed by the Executive
- Maintain and coordinate Council office Coordinate and direct the work of staff and volunteers.
- Serve as staff to Labor Council Committees as directed by the President or Executive Board.
- Maintain, on a current basis, the official roll of delegates, showing the average membership ofeach local union as established under the provisions of Article 3, Section 3. Such roll andaverage membership figures shall be available at each Council meeting.
- Under supervision of the Treasurer, the Executive Officer shall receive and collect all monies payable to the Council and receipt for the same. shall keep accurate accounts of the monies received and expended on behalf of the Council and credit to the General Fund such sums as accrued thereto and shall report at such meetings the gross receipts and expenditures of the Council and the balance on hand. The Executive Officer shall notify affiliated Unions when theirpayments are in arrears. The Executive Officer shall deposit all monies immediately after receipt, in the bank designated by the Trustees, approved by the Council, and under the name of the Council and shall balance the books monthly and submit them to a Certified Public Accountant annually for The accountant's report shall be submitted to the Trustees. The Executive Officer shall furnish bond in the sum designated by the Trustees and the premium shall be paid by the Council and may counter-sign checks.

ARTICLE 9 - Trustees

SECTION 1. The duty of the Trustees, subject to the direction of the Council, shall be to act inconjunction with the Treasurer and Executive Officer for the safe and proper deposit of funds of the Council. Trustees shall, in conjunction with the finance committee, examine the report upon all bills and claims, and on all other financial matters, prior to action thereon by the Council.

To receive and hold in trust for the Council all papers and records of value and all tangible property of any name or nature; the disposition of which is not otherwise provided for, and shall see that the officers givebond in a surety company, and premiums shall be paid by the Council, determining the appropriate amount of same at time of installation of officers, and shall recommend changes in the amount of such bond as thecondition of the treasury may warrant.

SECTION 2. To study the Certified Public Accountant's Audit Report, made annually, and submit the sameto the next regular meeting of Council. They shall request of the Treasurer that a copy of this Financial Report be mailed to each affiliated union. The Trustees shall, quarterly, examine the financial books and records of the Secretary-Treasurer and report their findings to the Council at the next regular meetingfollowing the completed examination. In addition, if the council brings in over $200,000 in annual revenue, the Trustees shall annually ensure that the AFL-CIO's agreed-upon procedures are performed by a Certified Public Accountant selected by the Executive Board and that the Treasurer promptly report the CPA's findings to the Executive Board and Council.

ARTICLE 10 - Nomination and Election

SECTION 1. Nominations for all officers shall be held at the October meeting of the election year.

SECTION 2. Not more than one delegate from the same Local Union, and not more than two delegatesfrom different locals of the same National or International Union, shall be eligible to serve on the Executive Board at the same time.

In the event an election results in a violation of this Section, the person involved who is elected to the officewith highest rank shall be declared elected, and a new election shall be held for the other office or offices affected if there are not sufficient candidates to replace the persons displaced by this section. For purposes of this subsection, the rank of the officers shall be determined by order named in Article 6, Section 1.

SECTION 3. The Election Committee shall be appointed by the presiding officer at the meeting inOctober, after the close of nominations, and shall consist of three (3) delegates, who are not current candidates; said Committee to choose its chairman. The first preference for appointment shall be given to the Trustees.

The Election Committee shall be responsible for making election decisions in accordance with, andwithin the confines of, the AFL-CIO constitution, the Rules Governing Area and Central Labor Councils and the council's constitution. The Committee:
- Will work with the Executive Officer and Treasurer to verify all affiliates' eligibility to participate in theelection and cast ballots under the provisions of this constitution;
- Will confirm that each nominated candidate is a member in good-standing of an affiliated local union in good-standing with the council, and that the candidate is an official credentialed delegate to the Council;
- Will serve as the first level of deciding authority on procedural issues;
- Will confirm that each candidate accepts the nomination for office, either in person or in writing to the Election Committee;

Will confirm with the Executive Officer and Treasurer that each delegate is duly credentialed and eligible to cast ballots;
Cannot be overruled by the Executive Board during the election process, but their decisions andactions may be appealed to the board after the election, in accordance with this constitution;
Will cooperate with the national AFL-CIO in any review, investigation, or appeal of the election.

Immediately after the completion of the election, the Election Committee shall prepare a written, signed report showing the number of votes cast for each candidate. This report and all ballots and election materials shall be retained by the committee until any appeal period and any appeals have beenexhausted, and then presented to the secretary, who shall preserve the materials for no less than six (6) months from the date of the election or the conclusion of all appeals, whichever is The Election Committee shall review election appeals in accordance with Article 10, Section 9.

SECTION 4. At the first regular meeting in November, the Recording Secretary and the ElectionCommittee shall make a report to the Council of the eligibility of the nominees. No less than forty-five (45) nor more than one hundred twenty (120) days prior to an election of labor council officers, the Secretary-Treasurer shall compile and notify each affiliate organization of the availability of a list containing the following information:

the name and address of each of the elected Council's officers (including Executive Board members);
the name and mailing address of each of the organizations affiliated with the Council;
the name of each of the affiliated organization's principal officers;
each organization's projected per capita voting strength and delegate entitlement at the election; and,
to the extent available, the names and mailing addresses of the

Officers of organizations affiliated with the council shall also be entitled to inspect, at the place where the records are kept, and make their own notes concerning the most current underlying records relating to the information included in the list provided above.

SECTION 5. The election of uncontested Officers may be by acclamation at the Novembermeeting.

SECTION 6. The election shall take place at the last regular meeting in December of theelection year and such election shall be the first order of business.

Election for contested offices shall be by roll call vote on ballots which conform to Rule 9(b) of the Rules Governing AFL-CIO Area Labor Councils and Central Labor
A valid ballot must contain votes for as many positions as are to be filled, in all cases where two or more positions are to be filled. Each ballot shall clearly show the local union, name of delegate andthe number of votes being cast in the That portion of any ballot which fails to meet therequirements of this Section shall be invalid and shall not be counted. Ballots containing erasures, or otherwise defaced or mutilated, shall be invalid and shall not be counted. Absentee ballots shall not be accepted.

The Chairman of the Election Committee shall conduct the roll call by reading all the affiliated organizations in good standing and each delegate present may cast the number of votes to which that delegate is entitled under Article 3 and Article 11, Section
A majority of votes cast (fifty percent plus 1) for an officer position shall be necessary to elect. The 16candidates for Executive Board delegate receiving the highest votes shall be elected, except as modified by Section 2 of this Article.
In cases where there are more than two candidates for a single officer and none receives a majority of the first vote, all but the two receiving the greatest number of votes shall be eliminated and a runoffelection shall be held at the next regular meeting of the

SECTION 7. The terms of Officers and Delegates shall commence January 1. Officers and Executive Board Delegates shall be installed at the first regular Executive Board meeting in January following the election, and such installation shall be the first order of business. All others shall be installed at the regular council meeting following the Executive Board meeting.

SECTION 8. The President or installing officer shall call the newly elected officer forward and they shall repeat the following pledge:

"I do hereby sincerely pledge my honor to perform the duties of my office as prescribed by the laws ofthis Central Labor Council, and to bear true allegiance to the American Federation of Labor andCongress of Industrial Organizations. I will deliver to my successor in office all books, papers, and other property of this Central Labor Council, that may be in my possession at the close of my official term. I will also deliver all properties of the South Bay AFL-CIO Labor Council to the President upon demand. All this I solemnly promise with the full knowledge that to violate this pledge is to stamp me as a persondevoid of principle and destitute of honor. I pledge to abide by the ethical practices code of the AFL-CIO and the anti-harassment and anti-discrimination policy and code of conduct of this council."

SECTION 9. A candidate for office and/or any delegate or principal officer of an affiliated organization may protest the election of any elected position of the council.

Such protest must:
- Be filed with the Election Committee;
- Be in writing and signed by the protesting party;
- Be filed within 30 days of the completion of the election report;
- Contain any information that the filing party wishes the Election Committee to consider regarding the conduct of the election and any procedural requirements that are alleged to have been violated.

The Election Committee shall familiarize themselves with the issues raised in the protest, take intoconsideration any pertinent facts and procedural requirements, solicit information from interested parties, and review the conduct of the election for compliance with this constitution, the AFL-CIO constitution,and other applicable AFL-CIO rules and Within thirty (30) days of their receipt of the protest, the Committee will deliver their report to the executive board and, at its next meeting, the executive board shall determine by majority vote whether the protest merits a hearing.
If a hearing is warranted, all parties to the dispute shall be given adequate notification of not less than thirty (30) days of the hearing date, along with a copy of the protest and a record of action taken by theElection Committee to Both the accused and the charging party shall be accorded full opportunity to be heard and to present evidence.
Following a hearing, the executive board, by a two-thirds (2/3) vote, may order appropriate remedies up to and including the rerun of the
The executive board shall notify all parties of its decision within thirty (30) days after the hearing. Said notification shall be sent by certified mail.
The decision of the executive board shall be reported to the next Delegate Body meeting and shall befinal and binding unless appealed as hereinafter provided.
The decision of the executive board may be appealed to the Delegate Body by any delegate or principal officer of an affiliated organization. Notice of such appeal shall be filed in writing with the president (or acting president) or secretary (or acting secretary) within ten (10) days of the Executive Board's report to the Delegate Body. The appeal shall be heard expeditiously at a regular meeting of the Delegate Body, atwhich time the party appealing to the Delegate Body, each candidate in the challenged race(s), and theExecutive Board, through its selected spokesperson, in that order, shall be allowed fifteen (15) minutes each to present statements of the case, following which the delegates shall have up to ten (10) minutes to ask questions of each of the parties. The delegates shall then vote on the question of sustaining the decision of the Executive Board. It shall require a majority vote to sustain the decision.
The decision of the delegate body may be appealed to the president of the AFL CIO within thirty (30)days of receipt of The decision of the delegate body shall remain in effect during the appeal unless reversed, modified or temporarily stayed by the president of the AFL-CIO.
No organization or individual subject to this Constitution shall resort to any court until redress to the AFL-CIO has been exhausted.

ARTICLE 11 - Voting

SECTION 1. All Unions must be fully paid up in their obligations to this Council according to Article 5, Section 8, in order for their delegates to vote. There shall be no exceptions to this rule, except to Unions actually on strike or lock out, and who have been exempted from paying per capita tax by reason thereof. No delegate shall be eligible to vote unless that delegate's credentials have been approved by the Councilpursuant to Article 3, Section 9.

SECTION 2. Except on roll call votes, each delegate shall be entitled to one vote. Voting shall be by voice vote or division of the house (showing of hands or standing vote) unless a roll call vote is properly demanded by the required number of delegates as provided for in Section 3 of this Article. No delegate shall bepermitted to cast the proxy of another delegate and no delegate shall be allowed to represent more than oneorganization. All questions that arise during the meeting of the Council shall be decided by a majority vote ofthose present, unless otherwise provided herein.

SECTION 3. A roll call vote shall be held on any pending questions, upon demand of thirty percent (30%) or more of the delegates present.

SECTION 4. The Presiding Officer may vote any time that such vote will change the result.

SECTION 5. On roll call votes each Local Union shall be entitled to a number of votes equal to the average membership of the Local Union. The average membership of a Local Union shall be determined on the basis of per capita tax payments for the first twelve of the immediately preceding thirteenmonths. The average membership of a Local Union affiliated for less than this twelve-month period shall be computed from the month of affiliation and shall be determined by dividing the total per capita tax paid for allmonths affiliated by twelve.

SECTION 6. The votes of a Local Union shall be divided equally among all its accredited delegatespresent and each delegate shall be entitled to cast only their assigned number of votes except that, tofacilitate the calling of roll, one delegate may be designated to cast all of the votes of the delegates representing the delegate's Local Union provided that, if any delegate shall challenge the correctness of thevotes so cast, the individual delegate of that Local Union shall be polled.

ARTICLE 12 - Charges and Trials

SECTION 1. Any affiliated organization, or any officer of or delegate to the Council shall have the rightto file charges against any delegate to 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 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 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 its constitution.

Charges shall first be filed in writing (three copies) signed by three delegates to this Council or by itsofficers if the charges are made by an affiliated organization stating the offense committed.
Charges shall be referred without reading to the Executive Board for hearing and
A copy of the charges shall be furnished to the accused at which time the charged delegate shall be notified of the time and place where the trial of the charges are to be held. The charged delegate maychoose any member of an affiliated Union or any delegate of the Council to represent them at the time of the The time and place of the hearing shall be not less than two (2) weeks from the date of notification to the accused in order to permit the accused the opportunity to prepare defense.
lf the Executive Board, after a fair trial at which both accusers and accused have been accorded fullopportunity to present evidence and testimony of witness, finds that charges are without foundation, itshall so report to the Council, without disclosing the nature of the charges, and the incident shall be considered closed.
If the accused be found guilty, the Executive Board shall so report, disclosing the nature of the charges, together with its recommendations of reprimand, suspension or
It shall require a majority vote to sustain the recommendation of the Executive

SECTION 2. Action of the Council under this Section shall be subject to appeal to the Executive Council of the American Federation of Labor and Congress of Industrial-Organizations, as provided in the Rules Governing AFL-CIO Area Labor Councils and Central Labor Councils (Rule 26) which presently reads as follows:

Appeals - Any final decision of this in a matter requiring a hearing within this under these rules may beappealed to the President within 30 days after the decision is appealed from.

The decision of the President may thereafter be appealed to the Executive Council. Any such appeal shall be filed in writing with the Secretary-Treasurer within 30 days after notice of the action being appealed. Appellants shall have the right to appear before the Executive Council in support of their appeal. Thedecision of the Executive Council may be further appealed to the next succeeding convention of the AFL- CIO. Such further appeal shall be filed in writing with the Secretary-Treasurer at least 30 days prior to the opening of the convention. The appellant shall have the right to appear before any appeals committee ofthe convention and, except in the case of an individual appellant, shall have the right to appear before the convention itself. An individual appellant shall have the right to appear personally before the convention itself only with the consent of the convention.

During any such appeal, the original decision of this Central Body or of the President or of the Executive Council, as the case may be, shall remain in effect unless reversed, modified or temporarily stayed.

SECTION 3. This Council, or any duly authorized Committee or Officer of this Council, shall have, and ishereby granted, power to summon any officer or member of any affiliated Union as principal or witness inany cause or trial regularly brought wherein the good name of any Union herewith affiliated or the reputation of any Officer or Delegate to his Council is at stake, or the cause of organized labor is on trial. Failure of such person to appear, when cited in writing over the seal of the Council, and in absence of a valid excuse for non appearance, shall constitute contempt of this Council, and be punishable according to the laws of this Council or the affiliated Unions to which person adjudged in contempt may belong.

Section 4. No organization or individual subject to this Constitution shall resort to any court until redress to the AFL-CIO has been exhausted.

ARTICLE 13 - Committees

SECTION 1. COPE: This Labor Council shall have a Committee on Political Education thatshall be responsible to the Council.

SECTION 2. STANDING COMMITTEES: The following standing committees shall be appointed by and serve at the pleasure of the President and the Executive Board: Organizing, Education, Resolutions, Ethical Practices Committee, and Strike Support.

SECTION 3. SPECIAL COMMITTEES: Special committees may be established from time to time by theCouncil's Executive Board and ratified at a regular delegate meeting as needed. The continuance of Special Committees shall be reviewed once every two years, during the month of February, following the election ofExecutive Board Officers. Committee members shall be appointed by the President and ratified by theExecutive Board unless otherwise directed by the Council.

SECTION 4. All committees of the Council shall be governed by the applicable provisions of the Constitution of the AFL-CIO; by the Rules Governing AFL-CIO Area Labor Councils and Central Labor Councils; by the Constitution and By-Laws of this Council and by such special By-Laws as may beadopted by the Council which are not in conflict with the Constitution, rules or By-Laws of the National AFL-CIO or of this Council. Such special By-Laws shall be approved by this in accordance with its established procedures under Article 16.

All committees shall develop by-laws which adhere to the requirements set forth under the policy entitled "The South Bay AFL-CIO Labor Council Guidelines for Committee Bylaws" and shall include the proposed scope of the committee activities and
The establishment of subcommittees shall first be approved by the Council Executive

Board and shall be subject to the same responsibilities as set forth herein for committees. Sub-committees shall be considered as a special committee and subject to all the requirements thereto.

All committees shall be subservient to and subject to the authority of the South Bay AFL-CIO LaborCouncil, where applicable, and shall have no independent authority to make expenditures. Committees shall report regularly to the Council at monthly delegates meetings.

ARTICLE 14- Strikes, Lockouts, Boycotts and Unfair Lists

SECTION 1. STRIKES AND LOCKOUTS

The Council shall not take part in any collective bargaining activities or in any dispute, including strikes,except upon the request of the aggrieved union. The council may give proper assistance to a local union engaged in a strike only upon the request or consent of the national or international union withwhich such local union is affiliated, except upon the request or consent of the AFL-CIO President.
In order for any local Union affiliated with this Council to be entitled to endorsement (sanction) of anystrike, it must have been affiliated and in good standing for at least six months or obtain a three-fourths vote of the delegates present. This section shall not apply to any Union whose members have been locked out.
All requests for endorsements of strikes shall be by written communication to this Council by the petitioning Union on a form provided by the Council.
AII applications for endorsement of strikes shall be referred to the Executive Board of this Council,which shall use its best endeavors to settle the cause at issue, and report at the next meeting of the The person, firm or corporation at interest, the Union making such a request and all other Unions involved, shall be granted the right of audience before the Executive Board (at the convenience of the Board) before action shall be taken by the Council.
If the Executive Board fails to reach an adjustment of the request for strike endorsement it shallrequire a two-thirds vote of all the regularly accredited delegates present at any regular meeting of the Council to concur in the recommendation for endorsement of said No strike or picket line shallbe recognized by this Council, unless first approved by this Council.
The procedures embodied in this Article shall not be binding upon the Executive Board in situations wherein negotiations are being conducted nationally or outside and beyond the confines of the jurisdiction of this Council. In such situations, the recommendations should be based on information provided by the petitioning and involved organizations.
Following the granting of a strike endorsement by the Council or upon the establishment of a lock-out by an employer, at the request of the union involved, the name of the person, firm or corporation atinterest shall be placed on the Unfair List of the Such action shall be taken only in accordance with the Rules Governing AFL-CIO Area Labor Councils and Central Labor Councils.

SECTION 2. BOYCOTTS, UNFAIR LISTS

The Council shall not originate a boycott or initiate action to place an employer on the Unfair List. Any such action shall be taken only in accordance with the Rules Governing AFL-CIO Area Labor Councils and Central Labor Councils.
Disputes Affecting Contractual Interests of Other Unions - If the requested action is directed against an employer which has a contract or working agreement with any union or unions affiliated with the AFL-CIO, other than the aggrieved union, then the written consent of such other union or unions shall be If such consent is not given, no further action shall be taken by the Council,except as authorized by the President or by the Executive Council of the AFL-CIO.
Local Disputes - If the requested action is directed against an employer for a dispute arising within the area of the Council which does not involve the contractual interests of other AFL-CIO unions, the Council may take the requested action if, in its judgment, such action is warranted.
Disputes in Areas of Other Central Bodies - If the requested action is directed against anemployer for a dispute arising wholly outside the area of the Council, no action shall be taken unless the Central Body or State Central Body, is whose area the dispute arose, has first actedfavorably on the request of the aggrieved union, in keeping with applicable rules.
National and Regional Disputes - If the requested action is directed against an employer for adispute which is national or regional in scope, no action shall be taken by the Council unless the National or International Union involved has first secured approval of the AFL-CIO.

All applications for endorsement of a boycott by an affiliated union shall be submitted to the Council in writing and referred to the Executive Board. The person, firm or corporation at interest, and all affiliate unions involved shall be granted the right of audience before the Executive Board (at the convenience of the Board) before action shall be taken by the The Executive Board shall use its best endeavors to settle the cause at issue and render a report to the Council. The boycott shall be endorsed by the Council if approved by the Delegates by a three-fourths vote of those present.
The Executive Officer of the Council shall at once notify all affiliated unions of such boycotts and theoffending party shall be placed on the "We do Not Patronize List".
Any Union declaring boycott without complying with the provisions of this Section shall forfeit all rights to assistance from this Council or its affiliated Unions; this Council reserves the right to repudiate any illegal or unsanctioned boycott.
No boycott shall continue for longer than one year unless reaffirmed at the end of such period by the Council, provided that the Council may remove a boycott at any time by majority vote upon (1) re-evaluation by the Executive Board or any committee named for that purpose if such union or unions fail to actively prosecute the boycott, or (2) the request of the union or unions which originally sought the boycott.

ARTICLE 15 - Rules of Order

RULE 1 - In the absence of the President, the Vice-President shall assume the duties of the Chair. In the absence of both the President and the Vice-President, another officer shall serve as chair.

RULE 2 - The presiding officer shall not take part in debate nor speak on any subject except to statefacts within the knowledge without previously vacating the chair. In appeals from the decision of the chair, the chair may, without leaving the chair, at the close of the debate, answer the arguments against thedecision and state the reasons for the decision.

RULE 3 - No motion shall be received or laid before the Council unless moved and seconded; nor be open for discussion until stated by the chair; and when a question is before the meeting no other motion shall be in order, except: First, to lay on the table; second, the previous question; third, to postpone to a definite time; fourth, to postpone indefinitely; fifth, to refer or recommit; sixth, to amend; whichshall have precedence in the order named; and the first two shall be decided without debate; provided, that a motion to adjourn is always in order.

RULE 4 - When a delegate speaks that delegate shall arise and address the chair, confining commentsstrictly to the question under debate, and shall avoid personal attacks. The delegate shall not be interrupted while so speaking unless called to order.

RULE 5 - Any delegate may be called to order while speaking and the speaker shall pause until thequestion of order is decided; but if the decision is against, the delegate may appeal to the Council.

RULE 6 - If a decision of the chair is appealed, the Chair shall state the question at issue and reasons forthe decision. The Chair shall then put the question as follows: "Shall the decision of the chair be sustained?"

RULE 7- AII resolutions Council must be presented in writing and shall be referred to the Executive Boardfor recommendation to the delegate body.

RULE 8 - A motion to reconsider any resolution or vote can only be made and seconded by delegates who have voted with the majority and at the same or the first meeting thereafter, but not afterward.

RULE 9 - A motion to rescind may be made by any delegate and requires a two-thirds vote, unlessnotice has been given at the previous meeting or in the call for the meeting, when majority is sufficient.

RULE 10 - On call for the previous question by three members, it shall be put in this manner: "Shall the main question now be put?" If the motion be carried, the vote shall be: First, upon all pending amendments, after which, upon the main question. If the call for the previous question shall be not carried, it shall be understood to show that the Council desires further discussion of the matter under consideration and the debate shall proceed until the question is otherwise disposed of. This motion is not debatable and requires a two-thirds vote.

RULE 11 - No business shall be taken up except in the order described, unless such irregularity shall be sanctioned by a majority of the members present.

RULE 12 - Any delegate entitled to vote may call for a division of the question.

RULE 13 - Each delegate entitled to vote shall, when called upon, declare assent or dissent.

RULE 14 - The number of votes necessary to determine a question, where there are not special regulations to the contrary, shall always be a majority and, in case of a tie,

the presiding officer (unless directly interested in the question) shall cast the deciding vote.

RULE 15 - Should any difficulty on a point of order arise during a division, the presiding officer shall dispose of it by a peremptory decision, such decision, if improper, being afterward subject to correction.

RULE 16 - No motion or proposition on a subject different from that under consideration shall be admitted under color of an amendment.

RULE 17 - A Rule of Order may be amended, altered, annulled or suspended for one meeting, by a two-thirds vote of the members present.

RULE 18 - When a motion or resolution is moved, seconded and stated by the presiding officer, it shall be in possession of the Council, and cannot be withdrawn except in consent of the Council.

RULE 19 - The President or presiding officer shall have the power to exclude from the meeting any delegate guilty of indecorous or unruly conduct.

RULE 20- Roberts' Rule of Order Revised shall have authority to decide all questions of order notprovided for by these rules; provided, however, that no rules or regulations not adopted by theCouncil in regular session, and by a legal majority, shall ever be regarded by law, and as not liable to be set aside or suspended by a two-third vote of those members present.

ARTICLE 16 - Policy

Policy may be adopted in the manner prescribed herein. Any proposed policy shall be adopted for the clarification of the constitution and its provisions. No policy shall derogate any part of the constitution and bylaws of the Council. Policy must be first submitted to the Executive Board and delegates of the Council for one reading prior to any adoption by a majority vote.

ARTICLE 17 - Amendments

This Constitution may only be amended in the following manner. Any delegate to this Council from an affiliated organization in good standing may, at any regular meeting, introduce any amendment, which shall be referred to the Executive Board for recommendation. All proposed amendments, whether introduced by a delegate or proposed by the Executive Board, shall be voted upon at the delegates meeting following its introduction and if it obtains a two-thirds majority vote of all delegates present from organizations in good standing, it shall be declared adopted, subject to the approval of the AFL-CIO. No final vote on a proposed amendment shall be taken unless at least 10 days prior written notice of such vote has been made to each affiliated local union. Section 2.

When and if a circumstance or action causes the Council to be in non-compliance with the AFL-CIO, the Executive Board shall initiate corrective action to bring the Council into conformity with the Constitution of theAFL-CIO and its Rules Governing. The President of the AFL-CIO may order revisions to the constitution if it is not in compliance with the Rules Governing or the AFL-CIO Constitution and, if this occurs, the Council must give written notice that this has occurred and a copy of the revised constitution.

Article 18 - Legislative and Political Action

SECTION 1. All legislative and political activities shall conform to the policies of the State AFL-CIO onstate matters and to the policies of the National AFL-CIO on national affairs.

SECTION 2. The President and Secretary-Treasurer of the Board shall be the President and Secretary-Treasurer respectively of the Committee on Political Education. The Executive Board shall constitute the Council's Committee on Political Education. Additional members may be added to the Committee in accordance with properly approved By Laws.

Section 3. The Council's Committee on Political Education recommendations and endorsements shall belimited to races that do not fall under the jurisdiction of a state federation and National AFL-CIO

Article 19 - Lists

All lists of affiliates or members of affiliates in possession of the Council shall be used exclusively in carrying out the authorized programs and work of the Board and shall not be released to any person ororganization for any other purpose unless such release has been duly authorized by the Board and theappropriate officers of the affiliate or affiliates involved.

In non-officer election years, the council shall compile and notify each affiliated organization of theavailability of a list containing the information listed in Article VI Section 5. Notification shall be sent inthe same month in which the information was last provided.

Article 20 - Strategic Planning

State, area, and local central bodies in a state shall ensure that their work is coordinated and integratedwith each other and with the programs and priorities of the AFL-CIO and affiliated national andinternational unions. State, area, and local central bodies shall develop a unified work plan and budget atleast every two years, which shall set forth the roles, responsibilities, budget, and activities of each organization.

Such work plans and budgets shall be submitted to the president of the AFL-CIO or designatedrepresentative, upon request. The president may modify, approve, or reject any work plan or budget. Thefailure of a state, area or local, or any of its officers, to participate in the unified planning and budgeting process, to conform their activities to the unified work plan and budget, or to meet performance standards and benchmarks as established by the Executive Council, shall be grounds for disciplinary action.

Last amended September 2024

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